02/08/2013 01:00 PM House JUDICIARY

                      HB 24 - SELF DEFENSE                                                                                  
                                                                                                                                
1:07:02 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."                                                                                              
                                                                                                                                
1:08:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG made  a  motion to  adopt Amendment  1,                                                               
which read [original punctuation provided]:                                                                                     
                                                                                                                                
     Page 2, line 3, following "any":                                                                                           
          Insert "other"                                                                                                        
                                                                                                                                
CHAIR KELLER objected.                                                                                                          
                                                                                                                                
REPRESENTATIVE  GRUENBERG   explained  that  Amendment   1  would                                                               
clarify that  HB 24's proposed  new AS  11.81.335(b)(5) addresses                                                               
locations  other   than  those   already  outlined   in  existing                                                               
AS 11.81.335(b)(1) and  (3), which are  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.     He  added  his  belief  that                                                               
Amendment 1 would improve HB 24.                                                                                                
                                                                                                                                
CHAIR KELLER  expressed concern that Amendment  1 might introduce                                                               
confusion  [in  cases  where the  affirmative  defense  of  self-                                                               
defense is pursued].                                                                                                            
                                                                                                                                
1:14:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MARK  NEUMAN, Alaska State Legislature,  as one of                                                               
the joint prime  sponsors of HB 24, characterized  Amendment 1 as                                                               
a friendly  amendment, one that  would assist in  clarifying 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 - that there is no duty to  leave the area if the person is in                                                               
any place where he/she has a right to be.                                                                                       
                                                                                                                                
CHAIR  KELLER  removed  his  objection to  the  motion  to  adopt                                                               
Amendment 1.                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX,  in response  to comments,  suggested that                                                               
paragraphs (1)-(5) of proposed AS  11.81.335(b) be reordered such                                                               
that those  paragraphs addressing  locations be  grouped together                                                               
separately from those paragraphs addressing persons.                                                                            
                                                                                                                                
REPRESENTATIVE NEUMAN, noting that  he's had discussions with the                                                               
drafter, indicated disfavor with making such a change.                                                                          
                                                                                                                                
REPRESENTATIVE  LEDOUX  mentioned  that   the  drafter  has  also                                                               
recommended that existing AS 11.81.335(b)(1)  and (3) be retained                                                               
regardless  that  proposed  new paragraph  (5)'s  language  would                                                               
include the locations currently  outlined in those paragraphs (1)                                                               
and (3).                                                                                                                        
                                                                                                                                
CHAIR KELLER  ascertained that there were  no further objections,                                                               
and stated that Amendment 1 was adopted.                                                                                        
                                                                                                                                
1:24:45 PM                                                                                                                    
                                                                                                                                
BOB BIRD  characterized HB 24  as a  wonderful bill, one  that he                                                               
hopes he never has to use, and said  he is all in favor of HB 24,                                                               
adding his belief that it  would be helpful in situations wherein                                                               
[the affirmative defense of self-defense is pursued].                                                                           
                                                                                                                                
1:26:30 PM                                                                                                                    
                                                                                                                                
DAVID LEE, referring to the defense  of one's self as an absolute                                                               
right, characterized  HB 24  a fabulous  bill, and  commended the                                                               
[joint prime sponsors] for introducing it.                                                                                      
                                                                                                                                
CHAIR KELLER, offering his understanding  that no one else wished                                                               
to testify, closed public testimony on HB 24.                                                                                   
                                                                                                                                
REPRESENTATIVE   GRUENBERG,  mentioning   that  a   lot  of   his                                                               
constituents  have contacted  him expressing  support for  HB 24,                                                               
said he  would be signing "do  pass" on the committee  report for                                                               
HB 24.                                                                                                                          
                                                                                                                                
REPRESENTATIVE LEDOUX  characterized HB  24 as  a good  bill, and                                                               
noted that she received many  letters from constituents regarding                                                               
the bill.                                                                                                                       
                                                                                                                                
1:30:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LYNN  moved to  report HB 24,  as amended,  out of                                                               
committee with  individual recommendations [and  the accompanying                                                               
fiscal  notes].   There  being  no  objection, CSHB  24(JUD)  was                                                               
reported from the House Judiciary Standing Committee.