Legislature(2011 - 2012)CAPITOL 120
04/06/2011 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB215 | |
| HB171 | |
| HB1 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 215 | TELECONFERENCED | |
| + | SB 31 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 171 | TELECONFERENCED | |
| += | HB 1 | TELECONFERENCED | |
HB 171 - ARRESTS FOR MISDEMEANORS
1:59:19 PM
CHAIR GATTO announced that the next order of business would be
HOUSE BILL NO. 171, "An Act relating to arrests without warrants
by peace officers for certain misdemeanors." [Left pending from
the hearing on 3/28/11 was the motion to adopt Conceptual
Amendment 1.]
REPRESENTATIVE HOLMES withdrew Conceptual Amendment 1, which
read [original punctuation provided]:
Page 2, line 5
following "AS 11.41":
Insert "and there is reasonable cause to
believe arrest without warrant is a practical
necessity to prevent imminent physical harm to the
public"
2:01:04 PM
REPRESENTATIVE HOLMES then made a motion to adopt Conceptual
Amendment 2, which read [original punctuation provided]:
Page 1, lines 1 - 2:
Delete "certain misdemeanors"
Insert "assault in the fourth degree or an
ordinance with elements similar to assault in the
fourth degree under certain circumstances"
Page 2, lines 3 - 5:
Delete all material and insert:
"(D) committed assault in the fourth degree
under AS 11.41.230 or an ordinance with elements
similar to assault in the fourth degree under
AS 11.41.230 and the officer has reasonable cause to
believe arrest without warrant is necessary to prevent
imminent physical harm to a person;"
REPRESENTATIVE PRUITT objected for the purpose of discussion.
REPRESENTATIVE HOLMES explained that Conceptual Amendment 2
would narrow the scope of HB 171 such that its proposed
warrantless-arrest authority would apply only in situations
involving the misdemeanor crime of assault in the fourth degree
or a local ordinance with similar elements, and only when the
officer has reasonable cause to believe that a warrantless
arrest is necessary to prevent imminent physical harm from
occurring. The intent is to ensure that law enforcement
officers have the ability to prevent further harm from occurring
even when they don't witness the initial assault, without having
the bill apply to all other misdemeanor offenses against the
person.
2:02:53 PM
KENDRA KLOSTER, Staff, Representative Cathy Munoz, Alaska State
Legislature, relayed that Representative Munoz, HB 171's sponsor
by request, was amenable to Conceptual Amendment 2.
REPRESENTATIVE PRUITT removed his objection.
CHAIR GATTO, noting that there were no further objections,
announced that Conceptual Amendment 2 was adopted.
REPRESENTATIVE THOMPSON began a motion to report the bill from
committee but then withdrew it.
2:04:44 PM
REPRESENTATIVE GRUENBERG made a motion to adopt Conceptual
Amendment 3, to add to Amendment 2's proposed new subparagraph
(D) the words, "that an" after the word, "believe", and the
word, "a" after the word, "without". There being no objection,
Conceptual Amendment 3 was adopted.
2:06:45 PM
REPRESENTATIVE THOMPSON moved to report HB 171, as amended, out
of committee with individual recommendations and the
accompanying fiscal notes. There being no objection,
CSHB 171(JUD) was reported from the House Judiciary Standing
Committee.