Legislature(1999 - 2000)
04/04/2000 09:13 AM Senate FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
COMMITTEE SUBSTITUTE FOR SENATE BILL NO. 26(JUD)
"An Act relating to hindering prosecution and to
providing false information or reports to a peace
officer."
This was the first hearing for this bill in the Senate
Finance Committee.
Senator Leman, sponsor of the bill, stated that this
legislation expands two existing statutes that address
those people who employ deception to "thwart Alaska's
system of justice." He told of how the matter was brought
to his attention by the Anchorage Police Department.
MIKE PAULEY staff to Senator Leman explained that
individuals lie to protect another person or lie to protect
themselves. Section 1 of the bill, he said addresses lies
told to protect another and Section 2 applies to lies told
to protect oneself.
Mr. Pauley stated that existing statutes AS 11.56.770 and
780 make it a crime to hinder prosecution by rendering
assistance to another person who has committed a crime with
the intention of hindering the apprehension, prosecution,
conviction or punishment of that person. He gave the
definition of "rendering assistance to another" as
including use of deception to prevent or obstruct the
discovery or apprehension of that person. Therefore, he
explained the statute makes it a crime if a person lies to
a police officer in order to stop another person who has
committed a crime from being apprehended.
However, Mr. Pauley continued, this statute only applies if
a person lies to prevent apprehension of a person who has
committed a crime that is punishable by a prison sentence
greater than 90 days. Class B misdemeanors, such as
disorderly conduct, harassment, misconduct involving
weapons and criminal mischief, are not covered under
existing law, he stressed. While these crimes are not the
most serious offenses, he qualified; they do consume a
significant amount of law enforcement and court resources.
Mr. Pauley stated that Section 1 of this bill amends the
law to apply to all kinds of crimes, including Class B
misdemeanors.
Mr. Pauley then detailed how Section 2 of the bill amends
current statute on making false reports by adding a new
paragraph. The new language, he explained, stipulates that
a Class A misdemeanor is committed when a person who has
committed another crime, knowingly gives false information
to peace officers with the intent of avoiding apprehension,
prosecution, conviction and punishment.
Mr. Pauley noted a change to the legislation made by the
Senate Judiciary Committee in which reports about dams and
reservoirs was removed from the applicable offenses. He
stressed that the bill's sponsor did not propose this
amendment so he could not speak to the intent. He
anticipated that a representative from the Department of
Law would speak to the Committee on this matter later in
the meeting.
BLAIR MCCUNE, Deputy Director, Public Defender Agency,
Department of Administration, testified via teleconference
from Anchorage about a significant change made in the
Judiciary version. He understood the original intent of the
bill only applied to giving false information concerning a
person's identity to a peace officer. He stated that the
current version provides that any false information given
to police by someone who has committed a crime with the
intent of knowingly avoiding apprehension, prosecution,
conviction or punishment is an illegal act. He asserted
that the practice of providing false information is very
common due to fear, guilt, shame, etc. and that many people
lie to police when first confronted.
Mr. McCune shared that he had talked to the Department of
Law about the fiscal impacts and between them, had arrived
at the amounts listed on the fiscal notes as the cost to
prosecute and defend these cases.
Mr. McCune mentioned the difficulty in defending these
cases. He did not know of any other states with a similar
provision regarding providing false information although
there are perjury and unsworn falsification laws.
While Mr. McCune understood the police interest, he thought
the change to the bill to make the provision apply to any
false information given to a peace officer, made the bill
too broad.
Co-Chair Torgerson asked if the witness had reviewed the
proposed committee substitute, 1-LS0119\K.
Mr. McCune said he had reviewed the Senate Judiciary
committee substitute and was concerned about language on
page two, lines 9-11, "having committed a crime, knowingly
gives false information to a peace officer with the intent
of avoiding apprehension, prosecution, conviction, or
punishment"
Co-Chair Torgerson referred to the Public Defender's Agency
fiscal note and asked what the amount of the note would be
if the aforementioned language were deleted.
Mr. McCune responded that the omission of that language
would mostly zero out the fiscal note, although he said he
would have to look at the specific impacts. He stated that
there would still be some fiscal impact of the legislation.
DAVID HUDSON, Lieutenant, Alaska State Trooper, Department
of Public Safety testified via teleconference from
Anchorage in strong support for the committee substitute.
He stressed that the opportunity to rapidly solve criminal
cases could be jeopardized by peace officer's inability to
identify suspects or if those suspects provide false
information.
Lt. Hudson stated that this legislation strengthens the
existing crime of making a false report.
Tape: SFC - 00 #76, Side B 10:02 AM
Lt. Hudson continued by speaking about the harm to the
victims when wrong person is arrested.
Senator Leman referred to fiscal note that claims that in
as many as 40 percent of cases, people lie. He agreed with
these figures, but wondered if all who provided false
information would actually be prosecuted.
Lt. Hudson asserted that based on previous activities, the
police would attempt to charge the individuals who provided
the false information. However, he said that to follow
those charges up with prosecution would be subject to many
variables and that he predicted there would be fewer cases
prosecuted than charges brought.
ANN CAPENETTI, Assistant Attorney General, Legal Services
Section, Criminal Division, Department of Law, testified
that many cases would be referred to the department.
Ms. Carpenetti stated that Section 1 of the bill "is fine."
However, she said regarding Section 2, no one wants people
to lie to police but that it was a common occurrence and in
fact, within human nature.
Ms. Carpenetti gave an example of drivers stopped by
police, who claim they "only had a couple of drinks,"
before a blood test indicates the driver consumed much
more.
Ms. Carpenetti remarked that as the previous witness
stated, arrests for false statements would be referred to
the department and even if never prosecuted, still would
require time and effort to screen. She added that for those
cases that were prosecuted, the matter would be difficult
to prove. She predicted that these cases would be even more
difficult than perjury cases.
Ms. Carpenetti then addressed the Department of Natural
Resources provision about dams and reservoirs that was
omitted in the Senate Judiciary committee substitute. She
explained that the amendment excluded giving false
information about the safety of a dam or reservoir from
this statute. She told of a conversation she had with
Charlie Cobb, a dam safety engineer with the State Of
Alaska who told her the provision was first put into
statute in 1987 as part of an act relating to dam safety.
She said Mr. Cobb told her he did not want this provision
repealed since he is the only person in the state who
performs dam inspections and has to rely on reports of
engineers. He explained to her that it is important to
encourage these engineers to tell the complete truth with
regard to the condition of the dams.
Senator Leman stated that he did not agree with the fiscal
notes and their interpretation of the number of cases this
legislation would create.
Co-Chair Torgerson ordered the bill HELD in Committee
saying he intended to work on lowering the amounts of the
fiscal notes.
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