Legislature(2013 - 2014)CAPITOL 120

02/06/2013 01:00 PM House JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HJR 4 OPPOSE GUN CONTROL ORDERS & LEGISLATION TELECONFERENCED
Heard & Held
*+ HB 24 SELF DEFENSE TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
                      HB 24 - SELF DEFENSE                                                                                  
                                                                                                                                
1:06:06 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER announced that the  first order of business would be                                                               
HOUSE BILL NO. 24, "An Act  relating to self-defense in any place                                                               
where a person has a right to be."                                                                                              
                                                                                                                                
CHAIR KELLER  noted that the  committee had addressed  a previous                                                               
iteration of HB 24 during the last legislature.                                                                                 
                                                                                                                                
1:07:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MARK NEUMAN,  Alaska State  Legislature, speaking                                                               
as one  of the joint prime  sponsors of HB 24  and mentioning the                                                               
castle doctrine,  explained that the bill  was introduced because                                                               
he'd  felt   it  necessary  to   address  the  concerns   of  his                                                               
constituents  and  other  Alaskans  regarding  their  ability  to                                                               
defend  themselves.    House  Bill 24  would  clarify  that  [the                                                               
affirmative defense of self-defense  could be available to anyone                                                               
who uses]  deadly force in  any place he/she  has a right  to be.                                                               
The  bill would  add  a  new paragraph  (5)  to AS  11.81.335(b),                                                               
thereby stipulating that  [there is no duty to leave  the area if                                                               
the person is] in any place where the person has a right to be.                                                                 
                                                                                                                                
1:09:40 PM                                                                                                                    
                                                                                                                                
REX  SHATTUCK, Staff,  Representative Mark  Neuman, Alaska  State                                                               
Legislature,  on  behalf of  Representative  Neuman,  one of  the                                                               
joint  prime  sponsors of  HB  24,  noted that  current  statutes                                                               
[addressing the affirmative defense  of self-defense] outline the                                                               
circumstances  under   which  the  use  of   nondeadly  force  is                                                               
justified, and  the circumstances under  which the use  of deadly                                                               
force   is   justified.     Under   the   bill's   proposed   new                                                               
AS 11.81.335(b)(5), he  elaborated, a person  may not  use deadly                                                               
force  under  [AS  11.81.335]  if  the  person  knows  that  with                                                               
complete  personal  safety and  with  complete  safety 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 in any place where                                                               
the person has a right to be.                                                                                                   
                                                                                                                                
REPRESENTATIVE     LEDOUX     questioned     whether     existing                                                               
AS 11.81.335(b)(1)  and  (3)  should be  deleted  as  superfluous                                                               
given that proposed  new paragraph (5)'s language,  "in any place                                                           
where the person has a right  to be", would include the locations                                                           
currently outlined  in those  paragraphs (1)  and (3):   premises                                                               
that  the  person  owns  or leases,  premises  where  the  person                                                               
resides at,  premises where the person  is the guest or  agent of                                                               
the owner, lessor,  or resident, and a building  where the person                                                               
works in the ordinary course of his/her employment.                                                                             
                                                                                                                                
REPRESENTATIVE  NEUMAN concurred  with  regard  to the  locations                                                               
outlined in  existing paragraphs (1)  and (2), and  remarked that                                                               
the  bill would  allow any  person who  isn't trespassing  to use                                                               
deadly force "before it happens."                                                                                               
                                                                                                                                
REPRESENTATIVE GRUENBERG, concurring  with Representative LeDoux,                                                               
expressed interest  in deleting  existing paragraphs (1)  and (3)                                                               
from AS 11.81.335(b).                                                                                                           
                                                                                                                                
MR. SHATTUCK  relayed that the  bill is intended to  clarify that                                                               
if one isn't trespassing, there is no duty to retreat.                                                                          
                                                                                                                                
1:17:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  asked  how  the terms,  "area  of  the                                                               
encounter"  as  used  in  existing  AS  11.81.335(b),  and,  "the                                                               
person's household" as used in  existing AS 11.81.335(b)(4), were                                                               
defined;  existing  paragraph (4)  says  in  part, "protecting  a                                                               
child or  a member of  the person's  household".  He  also raised                                                               
the issue of  using deadly force to defend a  third person who is                                                               
not a member of the household.                                                                                                  
                                                                                                                                
REPRESENTATIVE  NEUMAN  relayed  that  the  term,  "the  person's                                                               
household" is  defined in statute,  and surmised that  the courts                                                               
would  address a  particular person's  actions on  a case-by-case                                                               
basis at trial.                                                                                                                 
                                                                                                                                
MR. SHATTUCK added  that existing AS 11.81.340  addresses the use                                                               
of force in defense of a third person  who is not a member of the                                                               
household.                                                                                                                      
                                                                                                                                
REPRESENTATIVE GRUENBERG, raising the  issue of surplusage, again                                                               
expressed interest  in deleting  existing paragraphs (1)  and (3)                                                               
from AS 11.81.335(b).                                                                                                           
                                                                                                                                
REPRESENTATIVE  NEUMAN, in  response to  comments and  questions,                                                               
relayed  that HB  24  wouldn't  be making  any  other changes  to                                                               
existing law, and  explained that the bill was drafted  as it was                                                               
at the drafter's recommendation.                                                                                                
                                                                                                                                
MR. SHATTUCK  added that the bill  is intended to clarify  that a                                                               
person has the ability to  defend himself/herself, and reiterated                                                               
that under the bill's proposed change,  there would be no duty to                                                               
retreat if the person is any place he/she has a right to be.                                                                    
                                                                                                                                
CHAIR KELLER  pointed out  that under both  existing law  and the                                                               
bill, the standard  is one of "knowing"; under  subsection (b) of                                                               
AS  11.81.335, if  one "knows"  that one  can avoid  using deadly                                                               
force  while  remaining completely  safe  simply  by leaving  the                                                               
area, then one may not use deadly force [under AS 11.81.335].                                                                   
                                                                                                                                
MR. SHATTUCK -  after paraphrasing a quote by  U.S. Supreme Court                                                               
justice Oliver Wendell Holmes, Jr.,  from Brown v. United States,                                                             
256 U.S. 335  (1921), "Detached reflection cannot  be demanded in                                                               
the presence of  an uplifted knife." - characterized  the duty to                                                               
retreat as an awful burden.                                                                                                     
                                                                                                                                
REPRESENTATIVE NEUMAN  offered his understanding that  the fiscal                                                               
notes submitted  for HB  24 indicate that  the bill  won't impact                                                               
the departments' ability to do their jobs.                                                                                      
                                                                                                                                
1:33:22 PM                                                                                                                    
                                                                                                                                
RODNEY   DIAL,  Lieutenant,   Deputy  Commander,   A  Detachment,                                                               
Division of  Alaska State Troopers,  Department of  Public Safety                                                               
(DPS),  said  simply that  the  DPS  is neutral  on  HB  24.   In                                                               
response to  a question,  he explained that  passage of  the bill                                                               
would not  impact how  the DPS investigates  deaths, and  that it                                                               
would be  up to the Department  of Law (DOL) to  determine how to                                                               
charge a person in any given case.                                                                                              
                                                                                                                                
1:35:34 PM                                                                                                                    
                                                                                                                                
QUINLAN  STEINER,  Director,   Central  Office,  Public  Defender                                                               
Agency (PDA), Department of Administration  (DOA), in response to                                                               
a question,  clarified that  the statute being  changed by  HB 24                                                               
doesn't  mandate that  an attacked  person  retreat, but  instead                                                               
simply  stipulates that  if the  person can  retreat in  complete                                                               
safety, he/she  doesn't then have  the statutory authority  to go                                                               
so far as  to use deadly force  in response to the  attack.  This                                                               
has  been  borne  out  in  case law.    In  response  to  further                                                               
questions,  he  relayed  that  the   terms,  "deadly  force"  and                                                               
"household  member" are  defined in  statute; offered  his belief                                                               
that  the statutory  definition of  the term,  "household member"                                                               
found  in  AS 18.66.990(5)  would  be  used  in  cases  involving                                                               
Title 11, since there is already a  reference in Title 11 to that                                                               
Title 18 definition;  surmised that passage of  the bill wouldn't                                                               
change  the arguments  raised  in court,  or  their outcomes,  in                                                               
cases involving  [the affirmative  defense of  self-defense]; and                                                               
paraphrased from AS 18.66.990(5), which read:                                                                                   
                                                                                                                                
          (5) "household member" includes                                                                                       
          (A) adults or minors who are current or former                                                                        
     spouses;                                                                                                                   
          (B) adults or minors who live together or who                                                                         
     have lived together;                                                                                                       
          (C) adults or minors who are dating or who have                                                                       
     dated;                                                                                                                     
          (D) adults or minors who are engaged in or who                                                                        
     have engaged in a sexual relationship;                                                                                     
          (E) adults or minors who are related to each                                                                          
     other  up  to  the   fourth  degree  of  consanguinity,                                                                    
     whether  of the  whole or  half blood  or by  adoption,                                                                    
     computed under the rules of civil law;                                                                                     
        (F) adults or minors who are related or formerly                                                                        
     related by marriage;                                                                                                       
       (G) persons who have a child of the relationship;                                                                        
     and                                                                                                                        
        (H) minor children of a person in a relationship                                                                        
     that is described in (A) - (G) of this paragraph;                                                                          
                                                                                                                                
1:46:43 PM                                                                                                                    
                                                                                                                                
BRIAN JUDY,  Senior State Liaison,  National Rifle  Association -                                                               
Institute  for   Legislative  Action  (NRA-ILA),  said   the  NRA                                                               
strongly  supports HB  24, which  he  characterized as  important                                                               
self-defense legislation.   Under the  bill, he surmised,  only a                                                               
person  who is  justified in  using  deadly force  won't have  to                                                               
retreat from any  place he/she has a legal right  to be, and thus                                                               
the  question   to  be  addressed   [in  any  case   wherein  the                                                               
affirmative defense  of self-defense is pursued]  will be whether                                                               
the  person  really  was  justified,  and  existing  law  already                                                               
outlines what constitutes justification,  with AS 11.81.330 first                                                               
addressing both justification for the  use of nondeadly force and                                                               
the  circumstances  under  which   nondeadly  force  wouldn't  be                                                               
justified,   and    with   AS   11.81.335(a)    then   addressing                                                               
justification  for the  use of  deadly force.   Specifically,  AS                                                               
11.81.335(a) stipulates that  a person who is  justified in using                                                               
nondeadly  force may  [instead] use  deadly force  in defense  of                                                               
himself/herself  when  [and  to  the  extent]  he/she  reasonably                                                               
believes that deadly force is  necessary to defend against death,                                                               
serious  physical  injury,  kidnapping  [that  is  not  custodial                                                               
interference in the  first degree,] sexual assault  [in the first                                                               
or second degree,  sexual abuse of a minor in  the first degree,]                                                               
or  robbery.    Under  the bill,  [in  pursuing  the  affirmative                                                               
defense  of self-defense,]  as long  as [the  person could  prove                                                               
both that]  he/she was  justified in using  the deadly  force and                                                               
that the encounter took place  somewhere where he/she had a right                                                               
to be, the person would no  longer have to also prove that he/she                                                               
first  ascertained  that  he/she   couldn't  leave  the  area  in                                                               
complete safety.                                                                                                                
                                                                                                                                
MR.  JUDY, in  conclusion, opined  that victims  should have  the                                                               
protection  of  law  when  they stand  their  ground  and  defend                                                               
themselves while they are someplace they  have a right to be, and                                                               
urged the committee to support HB  24.  In response to questions,                                                               
he  surmised that  deleting existing  AS 11.81.335(b)(1)  and (3)                                                               
would remove language  made redundant by the  bill's proposed new                                                               
AS   11.81.335(b)(5);   and   characterized   Alaska's   statutes                                                               
[addressing the  affirmative defense  of self-defense]  as fairly                                                               
logical and typical.                                                                                                            
                                                                                                                                
2:03:15 PM                                                                                                                    
                                                                                                                                
MIKE COONS  - after referring  to his work-related "use  of force                                                               
continuum"  training and  his training  for carrying  a concealed                                                               
weapon -  opined that HB 24  would protect those who  have to use                                                               
deadly  force to  defend  themselves from  an  attack, from  then                                                               
being further victimized during the resulting court proceeding.                                                                 
                                                                                                                                
2:06:37 PM                                                                                                                    
                                                                                                                                
SCOTT HAMANN relayed  that he is pleased to see  HB 24's proposed                                                               
change  [to the  statutes addressing  the affirmative  defense of                                                               
self-defense] regarding places where a  person has a right to be,                                                               
characterized the  bill as important, concurred  that perhaps any                                                               
resulting redundant language could  be deleted, expressed support                                                               
for HB 24, and urged its passage.                                                                                               
                                                                                                                                
CHAIR  KELLER, after  ascertaining  that no  one  else wished  to                                                               
testify, closed public testimony on HB 24.                                                                                      
                                                                                                                                
REPRESENTATIVE  NEUMAN,  in  conclusion, observed  that  deleting                                                               
existing AS  11.81.335(b)(1) and  (3) could  have an  effect, and                                                               
surmised that they were included in existing law for a reason.                                                                  
                                                                                                                                
REPRESENTATIVE  PRUITT expressed  a concern  that deleting  those                                                               
provisions could result in more questions being raised at trial.                                                                
                                                                                                                                
CHAIR  KELLER,  in  response  to   a  question,  noted  that  the                                                               
Department   of  Law   (DOL)  had   provided  testimony   on  the                                                               
aforementioned  previous  iteration  of  HB 24  during  the  last                                                               
legislature.  Chair Keller then relayed  that HB 24 would be held                                                               
over.                                                                                                                           
                                                                                                                                

Document Name Date/Time Subjects
White House Now is the Time.pdf HJUD 2/6/2013 1:00:00 PM
HJR 4
HJR004A.PDF HJUD 2/6/2013 1:00:00 PM
HJR 4
HJR 4 Sponsor Statement.pdf HJUD 2/6/2013 1:00:00 PM
HJR 4
HJR 4 Reason-Rupe Survey.pdf HJUD 2/6/2013 1:00:00 PM
HJR 4
HJR 4 Presidential Memos.pdf HJUD 2/6/2013 1:00:00 PM
HJR 4
HJR 4 NCSL List No Gun Control legislation.pdf HJUD 2/6/2013 1:00:00 PM
HJR 4
HJR 4 Michigan Resolution HR 18 .pdf HJUD 2/6/2013 1:00:00 PM
HJR 4
HB 24.pdf HJUD 2/6/2013 1:00:00 PM
HB 24
Sponsor Statement.pdf HJUD 2/6/2013 1:00:00 PM
HB 24
FN-DOA-OPA.pdf HJUD 2/6/2013 1:00:00 PM
HB 24
FN-DOA-PDA.pdf HJUD 2/6/2013 1:00:00 PM
HB 24
FN-DPS.pdf HJUD 2/6/2013 1:00:00 PM
HB 24
FN-LAW-CRIM 2.pdf HJUD 2/6/2013 1:00:00 PM
HB 24
CSHJR 4 Explanation of Changes.pdf HJUD 2/6/2013 1:00:00 PM
HJR 4
CSHJR 4.pdf HJUD 2/6/2013 1:00:00 PM
HJR 4