Legislature(1995 - 1996)
02/08/1996 08:00 AM House STA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 433 - POLICE CAN INTERCEPT SOME COMMUNICATIONS The first order of business to come before the House State Affairs Committee was HB 433. CHAIR JAMES called on the first witness via teleconference in Fairbanks, Dennis Casanovas, Department of Public Safety. Number 0222 DENNIS CASANOVAS, Lieutenant, Criminal Investigations Unit, Central Office, Division of Alaska State Troopers, Department of Public Safety, said the department supported HB 433 and the exemptions as amended to AS 42.20.320. He said it would grant law enforcement officers additional resources to deal with crisis situations, such as barricaded suspects, and hostages. He stated, currently, law enforcement officers responded to crisis situations without a clear understanding of the number of participants, the identity of the perpetrators, the types of weapons, and the number of hostages. These situations, he asserted, required rapidly changing circumstances and law enforcement negotiators relied heavily on what information was learned from witnesses and suspects. Therefore, HB 433 would allow law enforcement officers the ability to intercept communications between a hostage and a suspect. He also asserted communications would allow law enforcement officers to know in advance if a suspect planned to increase an act of violence, for example. The communication would also help identify whether the negotiator was effective in his or her efforts and change tactics accordingly to resolve situations more safely and without further injury to the suspect, hostage, and general public and law enforcement officers. He cited the Alaska State Troopers responded to approximately four incidents per year when a suspect refused to exit or surrendered creating a threatening situation. In conclusion, he stated, HB 433 would give Alaska law enforcement officers the equipment to resolve crisis situation in a more efficient and safe manner. Number 0366 CHAIR JEANNETTE JAMES thanked Mr. Casanovas for his testimony and asked if the committee members had any questions. Number 0375 REPRESENTATIVE ED WILLIS asked how many other states used this method. Number 0395 MR. CASANOVAS responded he did not know. Number 0415 CHAIR JAMES said she discussed HB 433 with the Department of Public Safety, and was convinced this was a tool they needed in hostage situations. She also discussed it with Representative Brian Porter, Chair, House Judiciary Committee, who said he was very interested in this bill. She asserted she wanted to move HB 433 to the next committee of referral - the Judiciary Committee - to review the legalities involved, and called for a motion. Number 0457 REPRESENTATIVE JOE GREEN moved that HB 433 move from the committee. CHAIR JAMES replied the bill had been moved with individual recommendations and a zero fiscal note. Number 0471 REPRESENTATIVE SCOTT OGAN commented this bill was moving fast and would like to add a few comments to the record. Number 0480 REPRESENTATIVE GREEN withdrew his motion. Number 0490 REPRESENTATIVE OGAN said he wanted to hear from somebody in the Attorney's General office to determine if HB 433 exceeded the right to privacy granted in the Alaska State Constitution. He said he understood the intent of HB 433. He further stated the Alaska State Constitution and the United States Constitution both included privacy clauses, and he wanted to be sure the bill did not exceed the constitutional authority. CHAIR JAMES replied Anne Carpeneti from the Department of Law was here today to respond. She said she did not think that kind of testimony was necessary because the next committee of referral - the House Judiciary Committee - would address those concerns. Number 0545 ANNE CARPENETI, Assistant Attorney General, Central Office, Criminal Division, Department of Law, responded she did not hear the question. CHAIR JAMES commented HB 433 allowed the police to intercept the communications in hostage situations and violate their prohibition for eavesdropping. She said Representative Ogan was concerned it violated privacy granted in the constitution. MS. CARPENETI responded HB 433 was not a violation of the right of privacy. She said these were exceptions to the eavesdropping rule, and exceptions were allowed under the law in certain circumstances, such as emergencies. In her judgement, she said, these situations would be emergencies justifying the taping of words. Number 0614 REPRESENTATIVE OGAN wondered if there had been court tests in other states on this type of law. Number 0620 MS. CARPENETI said she was not aware of any court cases in other states, but was sure a test had been done. She said she would look into it and would be happy to forward that information to him. Number 0630 REPRESENTATIVE OGAN asked Ms. Carpeneti if other states had this type of a statute? MS. CARPENETI replied, yes, other states had this type of a statute. She said she would be happy to provide copies of those statutes. Alaska was not the only state, and HB 433 was similar to a federal statute. Number 0655 REPRESENTATIVE GREEN moved that HB 433 move from the committee with individual recommendations and attached fiscal notes. Hearing no objection, HB 433 was so moved from the House State Affairs Committee. REPRESENTATIVE GREEN said Representative Ogan's points were well made, and as a member of the House Judiciary Committee he would address those issues. CHAIR JAMES suggested to Representative Ogan he participate when the House Judiciary Committee addressed HB 433 and ask the same questions.
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