Legislature(2013 - 2014)HOUSE FINANCE 519

02/28/2013 01:30 PM House FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 19 PERM. MOT. VEH. REGISTRATION/TRAILERS TELECONFERENCED
Heard & Held
+ HB 56 PASSENGER VEHICLE RENTAL TAX TELECONFERENCED
Moved Out of Committee
+ HB 21 FOUR-DAY SCHOOL WEEK TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 24 SELF DEFENSE TELECONFERENCED
Moved CSHB 24(JUD) Out of Committee
HOUSE BILL NO. 24                                                                                                             
                                                                                                                                
     "An Act relating to self-defense in any place where a                                                                      
     person has a right to be."                                                                                                 
                                                                                                                                
1:37:27 PM                                                                                                                    
                                                                                                                                
Vice-Chair Neuman  stated that  the change  to the  bill was                                                                    
the addition of  the language, "or in any  other place where                                                                    
the person  has a right  to be."  He said that  the language                                                                    
would  allow  a person  the  rights  granted by  the  Castle                                                                    
Doctrine anywhere the person happened to be.                                                                                    
                                                                                                                                
1:38:36 PM                                                                                                                    
Representative  Gara had  questions  for  the Department  of                                                                    
Law.                                                                                                                            
                                                                                                                                
1:38:52 PM                                                                                                                    
                                                                                                                                
RICHARD   SVOBODNY,   DEPUTY  ATTORNEY   GENERAL,   CRIMINAL                                                                    
DIVISION, DEPARTMENT OF LAW expressed  that he was available                                                                    
to answer questions.                                                                                                            
                                                                                                                                
1:39:10 PM                                                                                                                    
                                                                                                                                
Representative  Gara  noted  that existing  statute  already                                                                    
extended the  right to self-defense  anywhere a  person felt                                                                    
threatened, and was not limited to home protection.                                                                             
                                                                                                                                
Mr. Svobodny responded in the affirmative.                                                                                      
                                                                                                                                
Representative Gara  asserted that people who  believed that                                                                    
there  was  not  an  existing  right  to  self-defense  were                                                                    
misinformed.                                                                                                                    
                                                                                                                                
1:40:12 PM                                                                                                                    
                                                                                                                                
Co-Chair Stoltze requested that  Representative Gara ask his                                                                    
questions in a less leading manner.                                                                                             
                                                                                                                                
1:40:17 PM                                                                                                                    
                                                                                                                                
Representative Gara inquired if  an individual had the right                                                                    
to self-defense in public.                                                                                                      
                                                                                                                                
Mr. Svobodny replied in the affirmative.                                                                                        
                                                                                                                                
Representative  Gara  believed  that  under  current  law  a                                                                    
person could  not chase someone  down, kill them,  and argue                                                                    
self-defense.                                                                                                                   
                                                                                                                                
1:41:45 PM                                                                                                                    
                                                                                                                                
Co-Chair Stoltze  interjected that  Mr. Svobodny  should not                                                                    
answer  moral  certitudes.  He thought  that  Representative                                                                    
Gara's  questioning  was an  unfair  attempt  to affirm  his                                                                    
level of certitude.  He instructed Mr. Svobodny  to reply to                                                                    
"yes" or "no" questions.                                                                                                        
                                                                                                                                
Representative  Gara  argued  that   he  was  simply  asking                                                                    
questions of the department.                                                                                                    
Co-Chair Stoltze  reminded Representative  Gara that  he was                                                                    
asking questions "through the Chair."                                                                                           
                                                                                                                                
1:42:15 PM                                                                                                                    
                                                                                                                                
Mr. Svobodny  believed that under  current law, one  had the                                                                    
right to chase a person one felt threatened by.                                                                                 
                                                                                                                                
Representative  Gara  asked  if the  right  to  self-defense                                                                    
could be lost if a person  had the ability to not shoot with                                                                    
clear safety to themselves or others.                                                                                           
                                                                                                                                
Mr. Svobodny replied that a  jury would decide that question                                                                    
after the fact. He did not  believe that the person would be                                                                    
charged  in a  self-defense situation,  provided the  person                                                                    
doing  the chasing  believed  that they  were  in danger  of                                                                    
death or serious physical injury.                                                                                               
                                                                                                                                
1:43:51 PM                                                                                                                    
                                                                                                                                
Representative  Gara understood  that  under  current law  a                                                                    
person would  lose the  right to  claim self-defense  if the                                                                    
use of  deadly force  could have  been avoided  while safety                                                                    
was maintained.                                                                                                                 
                                                                                                                                
Mr.  Svobodny  discussed  a similar  Alaskan  case  where  a                                                                    
person  who  was  fleeing turned  towards  a  homeowner  and                                                                    
attempted to fire  but the gun jammed. He  furthered that as                                                                    
the  person  was  running  away with  the  jammed  gun,  the                                                                    
homeowner chased them  a block and shot  them; the homeowner                                                                    
had  the duty  to retreat  as the  person was  running away,                                                                    
because he could have retreated safely.                                                                                         
                                                                                                                                
1:45:36 PM                                                                                                                    
                                                                                                                                
Representative  Gara  gathered  that in  that  scenario  the                                                                    
homeowner did  not have  to chase  the person  and therefore                                                                    
lost the right to claim self-defense.                                                                                           
                                                                                                                                
Mr. Svobodny  replied that  you could  not use  deadly force                                                                    
against a  person when there  was no imminent threat  to you                                                                    
or those around you; the  amount of force must be reasonable                                                                    
to the circumstances.                                                                                                           
                                                                                                                                
1:47:06 PM                                                                                                                    
                                                                                                                                
Representative Gara  queried how  passage of the  bill would                                                                    
change current law.                                                                                                             
                                                                                                                                
Mr.  Svobodny  thought  that there  would  be  circumstances                                                                    
where  the  district  attorney's  job  would  be  made  more                                                                    
difficult  by the  question of  whether deadly  force should                                                                    
have allowed  been used.  He said  that attorneys  made that                                                                    
decision all  of the  time, but  it became  very clear  if a                                                                    
person had  the ability  to retreat  in absolute  safety but                                                                    
chose not to.                                                                                                                   
                                                                                                                                
1:48:00 PM                                                                                                                    
                                                                                                                                
Representative Gara  stated that if there  was no difference                                                                    
between  the  bill  and  current law  then  time  was  being                                                                    
wasted. He referred to AS 11.81.335(b):                                                                                         
                                                                                                                                
     Sec. 11.81.335.  Justification: Use of deadly  force in                                                                    
     defense of self.                                                                                                           
                                                                                                                                
     (a)  Except  as provided  in  (b)  of this  section,  a                                                                    
     person who  is justified  in using non-deadly  force in                                                                    
     self-defense under  AS 11.81.330  may use  deadly force                                                                    
     in  self-defense upon  another person  when and  to the                                                                    
     extent  the  person  reasonably  believes  the  use  of                                                                    
    deadly force is necessary for self-defense against                                                                          
                                                                                                                                
     (1) death;                                                                                                                 
                                                                                                                                
     (2) serious physical injury;                                                                                               
                                                                                                                                
     (3)  kidnapping,  except  for   what  is  described  as                                                                    
     custodial interference in the first degree in                                                                              
     AS 11.41.320 ;                                                                                                             
                                                                                                                                
     (4) sexual assault in the first degree;                                                                                    
                                                                                                                                
     (5) sexual assault in the second degree;                                                                                   
                                                                                                                                
    (6) sexual abuse of a minor in the first degree; or                                                                         
                                                                                                                                
     (7) robbery in any degree.                                                                                                 
                                                                                                                                
     (b)  A  person may  not  use  deadly force  under  this                                                                    
     section  if  the  person   knows  that,  with  complete                                                                    
     personal safety  and with complete safety  as to others                                                                    
     being defended,  the person can avoid  the necessity of                                                                    
     using  deadly   force  by  leaving  the   area  of  the                                                                    
     encounter, except  there is no  duty to leave  the area                                                                    
     if the person is                                                                                                           
     (1) on premises                                                                                                            
                                                                                                                                
     (A) that the person owns or leases;                                                                                        
                                                                                                                                
     (B)   where   the   person  resides,   temporarily   or                                                                    
     permanently; or                                                                                                            
                                                                                                                                
     (C)  as a  guest or  express  or implied  agent of  the                                                                    
     owner, lessor, or resident;                                                                                                
                                                                                                                                
     (2)  a  peace  officer  acting  within  the  scope  and                                                                    
     authority  of  the  officer's employment  or  a  person                                                                    
     assisting a peace officer under AS 11.81.380;                                                                              
                                                                                                                                
     (3)  in  a  building  where the  person  works  in  the                                                                    
     ordinary course of the person's employment; or                                                                             
                                                                                                                                
     (4)  protecting a  child or  a member  of the  person's                                                                    
     household.                                                                                                                 
                                                                                                                                
Representative Gara reiterated  his understanding that under                                                                    
current law:                                                                                                                    
                                                                                                                                
     "……if a  person was  in a  shopping mall,  or someplace                                                                    
     they  were  legally allowed  to  be,  if with  complete                                                                    
     safety  to yourself  and others,  you can  go call  the                                                                    
     cops, you have to go call  the cops. It seems to me the                                                                    
     new bill  says that exception "with  complete safety to                                                                    
     yourself and others" does not  apply if you are in this                                                                    
     new place.  Are there  circumstances where, if  we pass                                                                    
     this  bill,  where  with complete  personal  safety  to                                                                    
     yourself  and others  you could  have avoided  conflict                                                                    
     and   could  have   avoided  a   shooting,  are   there                                                                    
     circumstances  under  this  bill   where  you  will  be                                                                    
     allowed to  shoot somebody even  though you  could have                                                                    
     not done  so with complete personal  safety to yourself                                                                    
     and others."                                                                                                               
                                                                                                                                
Mr.  Svobodny   responded  that  the  first   thing  that  a                                                                    
prosecutor  would consider  would  not be  whether a  person                                                                    
retreated, but  whether the amount of  force was appropriate                                                                    
for   the  circumstance.   He   explained   that  the   bill                                                                    
represented a question of how  one balanced the death of the                                                                    
person versus one's  ability to not run  away. He reiterated                                                                    
the  real  question  came  down to  whether  a  person  used                                                                    
reasonable or excessive force to defend themselves.                                                                             
                                                                                                                                
1:51:16 PM                                                                                                                    
                                                                                                                                
Representative Gara opined that  the bill removed the burden                                                                    
of  proof   that  as  person   acted  in   self-defense.  He                                                                    
understood  that  currently  if  a person  could  avoid  the                                                                    
situation  with  complete  safety  then the  person  had  to                                                                    
retreat, HB 24  would give the person the  right to confront                                                                    
the other person without first calling the police.                                                                              
                                                                                                                                
Mr.  Svobodny  replied  that  under HB  24  there  could  be                                                                    
instances  where reasonable  people would  walk away,  while                                                                    
others would  not and  the situation  could escalate  to the                                                                    
use of deadly force.                                                                                                            
                                                                                                                                
1:53:39 PM                                                                                                                    
                                                                                                                                
Co-Chair  Austerman asked  if a  person could  chase someone                                                                    
outside their home  with a gun down and shoot  them in self-                                                                    
defense.                                                                                                                        
                                                                                                                                
Mr. Svobodny  responded that current law  allowed someone to                                                                    
follow an  intruder out of  their home and follow  them down                                                                    
the street, even if the police  told them not to, and if the                                                                    
intruder  used  deadly force  against  the  person then  the                                                                    
person could use deadly force in self-defense.                                                                                  
                                                                                                                                
1:55:06 PM                                                                                                                    
                                                                                                                                
Vice-Chair  Neuman observed  that making  judgment calls  on                                                                    
particular  instances  was   the  job  of  the   jury  in  a                                                                    
courtroom.                                                                                                                      
                                                                                                                                
Mr. Svobodny replied in the affirmative.                                                                                        
                                                                                                                                
Vice-Chair  Neuman noted  that Alaska  law currently  stated                                                                    
that a  person had the duty  to retreat. He argued  that the                                                                    
bill weighed the right to  defend yourself over your duty to                                                                    
retreat.                                                                                                                        
                                                                                                                                
Mr. Svobodny  agreed that that  was what the bill  would do.                                                                    
He said that under current  law the state had the obligation                                                                    
to disprove self-defense beyond  a reasonable doubt. He said                                                                    
that currently,  if a person  did not retreat and  the state                                                                    
could  prove  that they  could  have  retreated in  absolute                                                                    
safety  then  the  court  would   not  pass  a  self-defense                                                                    
instruction to the jury.                                                                                                        
                                                                                                                                
1:59:33 PM                                                                                                                    
                                                                                                                                
Representative  Thompson asked  if  the  mechanism used  for                                                                    
deadly force would be a factor in court.                                                                                        
                                                                                                                                
Mr. Svobodny replied in the  negative. He explained that the                                                                    
instrumentality  made no  difference; it  was the  amount of                                                                    
deadly force used that would be under consideration.                                                                            
                                                                                                                                
2:00:39 PM                                                                                                                    
                                                                                                                                
Co-Chair  Stoltze observed  that  there  are many  different                                                                    
types of deadly force.                                                                                                          
                                                                                                                                
2:00:56 PM                                                                                                                    
                                                                                                                                
Representative Holmes  inquired about the zero  fiscal note,                                                                    
#3  (LAW).  She  wondered  why  it  had  been  changed  from                                                                    
indeterminate note to zero.                                                                                                     
                                                                                                                                
Mr. Svobodny shared that when  the note was first crafted he                                                                    
had approved  it under  the assumption that  the law  of the                                                                    
state was the  majority rule in the country.  He stated that                                                                    
he had  recently discovered  that in most  of the  states in                                                                    
the U.S.,  the majority rule was  that there was no  duty to                                                                    
retreat. He  relayed that the  other reason the  fiscal note                                                                    
was  changed   from  indeterminate   to  zero   was  because                                                                    
prosecutors would still need to  work the cases just as they                                                                    
do now,  and the  responsibility would fall  to the  jury to                                                                    
determine the outcome.                                                                                                          
                                                                                                                                
2:05:19 PM                                                                                                                    
                                                                                                                                
Representative Holmes  asked if  the case  was the  same for                                                                    
other states that did not have duty to retreat laws.                                                                            
                                                                                                                                
Mr. Svobodny said yes.                                                                                                          
                                                                                                                                
2:06:23 PM                                                                                                                    
                                                                                                                                
Representative  Munoz   probed  the  reasoning   behind  the                                                                    
changed fiscal note #3.                                                                                                         
                                                                                                                                
Mr. Svobodny  responded that  he did  not believe  that that                                                                    
addition of the  language, "or in any other  place where the                                                                    
person has  a right to be",  would add to the  trial process                                                                    
for  self-defense cases.  He did  believe that  the language                                                                    
could be litigated, but that did  not change his view of the                                                                    
note. He said  that self-defense cases were  small in number                                                                    
for  the   department  and  would   have  to   be  litigated                                                                    
regardless.                                                                                                                     
                                                                                                                                
2:08:52 PM                                                                                                                    
                                                                                                                                
Representative  Gara   recalled  that  the  stance   of  the                                                                    
department  in the  past  had been  that  Stand Your  Ground                                                                    
legislation  could unwittingly  legalize  gang violence.  He                                                                    
asserted that  this type of  legislation could make  it more                                                                    
difficult  to prosecute  gang  violence  cases because  both                                                                    
gangs would claim self-defense.                                                                                                 
                                                                                                                                
2:10:46 PM                                                                                                                    
                                                                                                                                
Co-Chair Stoltze  noted that the  current Stand  Your Ground                                                                    
legislation was HB 24.                                                                                                          
                                                                                                                                
2:12:05 PM                                                                                                                    
                                                                                                                                
Representative Gara  asked if the department  maintained its                                                                    
opinion on Stand Your Ground and gang violence.                                                                                 
                                                                                                                                
Mr.  Svobodny  replied that  removing  the  duty to  retreat                                                                    
could  exasperate a  gang  violence  situation. He  believed                                                                    
that determining  the aggressor would be  difficult and that                                                                    
mutual aggressors would be unable  to use self-defense as an                                                                    
excuse.  He thought  that the  legislation could  complicate                                                                    
prosecuting gang  related situations  because of  the burden                                                                    
of  proof for  the  state  to prove  the  negative beyond  a                                                                    
reasonable doubt.                                                                                                               
                                                                                                                                
2:14:36 PM                                                                                                                    
                                                                                                                                
Vice-Chair Neuman  stated that significant  language changes                                                                    
had  been  made  while  crafting   the  legislation  due  to                                                                    
previous  testimony from  the department.  He felt  that the                                                                    
department's concerns  had been addressed. He  said that the                                                                    
department  had  given  contradictory  testimony  concerning                                                                    
arrest procedures self-defense cases.                                                                                           
                                                                                                                                
Mr.   Svobodny   replied   that   arrest   procedures   were                                                                    
subjective. He said  that if the officer on  the scene could                                                                    
figure  out  what  was  going  on,  not  everyone  would  be                                                                    
arrested;  however, if  there were  several people  involved                                                                    
and  all  with  weapons,  those  who  were  armed  would  be                                                                    
arrested. He opined that the hypotheticals were unlimited.                                                                      
                                                                                                                                
2:17:05 PM                                                                                                                    
                                                                                                                                
Vice-Chair Neuman offered another hypothetical.                                                                                 
                                                                                                                                
Mr. Svobodny  reiterated that it  was the  responsibility of                                                                    
the department to  prove beyond a reasonable  doubt that the                                                                    
person  did not  act in  self-defense. He  said it  would be                                                                    
more difficult to convict someone  who legitimately acted in                                                                    
self-defense.                                                                                                                   
                                                                                                                                
2:18:39 PM                                                                                                                    
                                                                                                                                
Representative  Costello  discussed  the four  fiscal  notes                                                                    
attached to the bill.                                                                                                           
                                                                                                                                
2:20:56 PM                                                                                                                    
                                                                                                                                
Vice-Chair  Neuman  MOVED  to REPORT  CSHB  24(JUD)  out  of                                                                    
committee   with   individual    recommendations   and   the                                                                    
accompanying fiscal notes. There  being NO OBJECTION, it was                                                                    
so ordered.                                                                                                                     
                                                                                                                                
2:21:16 PM                                                                                                                    
                                                                                                                                
CSHB 24(JUD) was REPORTED out  of committee with a "do pass"                                                                    
recommendation  and  with  four  previously  published  zero                                                                    
fiscal notes: FN1(ADM), FN2(ADM), FN3 (LAW), and FN4(DPS).                                                                      
                                                                                                                                
AT EASE                                                                                                                         
                                                                                                                                
2:27:09 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                

Document Name Date/Time Subjects
HB 19 Sponsor Statement.pdf HFIN 2/28/2013 1:30:00 PM
HB 19
HB 19 Supporting DMV Registration Classes.pdf HFIN 2/28/2013 1:30:00 PM
HB 19
HB19 AML Document.pdf HFIN 2/28/2013 1:30:00 PM
HB 19
HB19 Support Motor Vehicle Registration Taxes Rates.pdf HFIN 2/28/2013 1:30:00 PM
HB 19
HB21 Idaho Research.pdf HFIN 2/28/2013 1:30:00 PM
HB 21
HB21 Montana 2011.pdf HFIN 2/28/2013 1:30:00 PM
HB 21
HB21 Sponsor Statement.pdf HFIN 2/28/2013 1:30:00 PM
HB 21
HB21 SREB 4 Day.pdf HFIN 2/28/2013 1:30:00 PM
HB 21
HB21 Univ Maine Research.pdf HFIN 2/28/2013 1:30:00 PM
HB 21
HB21 UnivGA & Maine.pdf HFIN 2/28/2013 1:30:00 PM
HB 21
HB 56 Backup - Statute AS 43.52.010 Vehicle Rental Taxes.pdf HFIN 2/28/2013 1:30:00 PM
HB 56
HB 56 Sponsor Statement.pdf HFIN 2/28/2013 1:30:00 PM
HB 56
HB019NEWFNCS(TRA)-DOA-DMV-2-23-13.pdf HFIN 2/28/2013 1:30:00 PM
HB 19
HB 19 Mat-Su Borough Resolution.pdf HFIN 2/28/2013 1:30:00 PM
HB 19