Legislature(2013 - 2014)SENATE FINANCE 532

04/05/2013 09:00 AM Senate FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SJR 9 CONST. AM: EDUCATION FUNDING TELECONFERENCED
Scheduled But Not Heard
+ HB 4 ALASKA GASLINE DEVELOPMENT CORP; RCA TELECONFERENCED
<Pending Referral>
HB 52 PFD ALLOWABLE ABSENCE
Heard & Held
HB 24 SELF DEFENSE
Moved CSHB 24(JUD) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
CS FOR HOUSE BILL NO. 24(JUD)                                                                                                 
                                                                                                                                
     "An Act relating to self-defense in any place where a                                                                      
     person has a right to be."                                                                                                 
                                                                                                                                
9:14:39 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MARK  NEUMAN, introduced HB 24  and explained                                                                    
that it addressed concerns from Alaskans related to self-                                                                       
defense. The  bill allowed  people the  right to  use deadly                                                                    
force  to protect  themselves or  their  family members.  He                                                                    
pointed  out language  on page  2,  line 3  stating "in  any                                                                    
other place where a person has  a right to be." He expressed                                                                    
concern with the  statute's statement that a  person had the                                                                    
duty to  retreat in a self-defense  situation. The statute's                                                                    
justification  clauses would  not be  altered. He  mentioned                                                                    
past  discussion  regarding  gang violence,  alcohol  abuse,                                                                    
sexual assaults. The bill's purpose  was to add the language                                                                    
"any place where  you have the right to be."  He pointed out                                                                    
that the  House Judiciary  Committee added the  word "other"                                                                    
following a discussion  that a person already  had the right                                                                    
to  self-defense  if  in  a  home,  residence  or  place  of                                                                    
business.  He  mentioned a  letter  sent  from the  Attorney                                                                    
General regarding the  bill and his opinion  that the rights                                                                    
of  Alaskans should  not be  put  before the  rights of  the                                                                    
courts.                                                                                                                         
                                                                                                                                
9:17:59 AM                                                                                                                    
                                                                                                                                
Senator Dunleavy stated that the bill was self-explanatory.                                                                     
                                                                                                                                
Co-Chair Meyer noted  that a lot of time was  spent with the                                                                    
bill  in the  judiciary  committee. He  understood that  the                                                                    
bill was  introduced last year  and wondered where  the bill                                                                    
died. Representative  Neuman replied  that the bill  died in                                                                    
the Senate Finance Committee.                                                                                                   
                                                                                                                                
9:18:42 AM                                                                                                                    
                                                                                                                                
Co-Chair Meyer  asked if the judiciary  committee's concerns                                                                    
had  been addressed.  Representative  Neuman responded  that                                                                    
the   judiciary    committee   reviewed    the   legislation                                                                    
extensively and passed the bill.                                                                                                
                                                                                                                                
9:18:57 AM                                                                                                                    
                                                                                                                                
Senator Olson  noted that  Connecticut passed  multiple laws                                                                    
on gun control following a  school shooting. He wondered how                                                                    
Alaska  could  justify  an opposite  course.  Representative                                                                    
Neuman responded that the issue  was one of self-defense and                                                                    
Alaskans supported  the concept.  He noted that  Alaska laws                                                                    
currently allowed the use of  deadly force to protect in the                                                                    
event  of  an  incident.  The difference  presented  in  the                                                                    
legislation is  the opportunity to protect  oneself prior to                                                                    
an incident.                                                                                                                    
                                                                                                                                
9:20:19 AM                                                                                                                    
                                                                                                                                
Senator Olson  understood that  the law  allowed one  to use                                                                    
deadly force  when in  the home. He  interpreted that  HB 24                                                                    
allowed  the  use  of  deadly force  outside  of  the  home.                                                                    
Representative  Neuman answered  in the  affirmative, HB  24                                                                    
allowed the same rights anywhere a  person had a right to be                                                                    
in Alaska. He repeated  that the justification clauses would                                                                    
remain unchanged.                                                                                                               
                                                                                                                                
9:20:53 AM                                                                                                                    
                                                                                                                                
Senator  Olson stated  a great  difference between  being in                                                                    
one's  home  versus elsewhere.  He  inquired  how one  might                                                                    
justify  the  use  of  deadly force  outside  of  the  home.                                                                    
Representative Neuman responded that  he justified the right                                                                    
for  Alaskans  to  protect themselves.  He  mentioned  court                                                                    
cases  where defense  attorneys claimed  that the  criminals                                                                    
were  innocent because  the victimized  Alaskan  did not  do                                                                    
everything  possible to  retreat. The  rights that  Alaskans                                                                    
had to protect themselves in  their homes ought to extend to                                                                    
areas outside of the home.                                                                                                      
                                                                                                                                
9:22:31 AM                                                                                                                    
                                                                                                                                
Senator  Dunleavy  noted  that  the  issue  addressed  self-                                                                    
defense  rather  than  guns.   He  provided  a  hypothetical                                                                    
scenario and  noted that self-defense might  include using a                                                                    
gun, knife or even a rock.                                                                                                      
                                                                                                                                
9:23:09 AM                                                                                                                    
                                                                                                                                
Co-Chair Kelly  inquired about the letter  from the Attorney                                                                    
General.                                                                                                                        
                                                                                                                                
9:23:22 AM                                                                                                                    
                                                                                                                                
REX SHATTUCK,  STAFF, REPRESENTATIVE MARK  NEUMAN, clarified                                                                    
that   the   Attorney    General's   letter   mentioned   by                                                                    
Representative  Neuman   was  drafted  for   last  session's                                                                    
version of the bill, HB 80.                                                                                                     
                                                                                                                                
9:23:42 AM                                                                                                                    
                                                                                                                                
Senator Hoffman  inquired how it  would be interpreted  if a                                                                    
person protecting  themselves was breaking another  law with                                                                    
a concealed  weapon. Representative Neuman replied  that the                                                                    
current  Alaska laws  did not  require  a person  to have  a                                                                    
concealed weapons  permit. He  added that  the justification                                                                    
clause addressed the issue.                                                                                                     
                                                                                                                                
9:24:46 AM                                                                                                                    
                                                                                                                                
Senator Bishop  assumed that the Attorney  General's opinion                                                                    
was still  good today. Representative Neuman  responded that                                                                    
the  only  difference  between  HB  80 and  HB  24  was  the                                                                    
addition of the word "other" by the judiciary committee.                                                                        
                                                                                                                                
9:25:32 AM                                                                                                                    
                                                                                                                                
JOSHUA  DECKER, American  Civil  Liberties  Union (ACLU)  OF                                                                    
ALASKA, ANCHORAGE (via  teleconference) testified against HB
24. He  explained that  the bill did  not address  the self-                                                                    
defense  doctrine.  Alaskans always  had  the  right to  use                                                                    
deadly  force  when  threatened  with  imminent  injury.  He                                                                    
explained that  HB 24  lowered the duty  to retreat.  If the                                                                    
bill was  enacted, then  where ever an  Alaskan had  a legal                                                                    
right to be would not  require retreat prior to using deadly                                                                    
force.  He stated  that written  testimony  was provided  to                                                                    
committee  members listing  multiple examples  where retreat                                                                    
was  possible, but  would not  be required  under HB  24. He                                                                    
stated  ACLU's position  that the  bill  would not  increase                                                                    
safety for Alaskans.                                                                                                            
                                                                                                                                
9:27:25 AM                                                                                                                    
                                                                                                                                
Senator Olson noted  that anyone with a knife  could kill as                                                                    
fast as  a gun and inquired  why a person would  not wish to                                                                    
be ready to  shoot when threatened with a  knife. Mr. Decker                                                                    
agreed and stated  that the law allowed a  person faced with                                                                    
that threat to  use deadly force. The difference  with HB 24                                                                    
was that a  person could shoot a person holding  a knife who                                                                    
was standing  one block away.  With that distance,  a person                                                                    
could safely retreat.                                                                                                           
                                                                                                                                
9:28:29 AM                                                                                                                    
                                                                                                                                
Senator Olson noted that if  he was threatened with a knife,                                                                    
his thoughts were not on  retreating, but were on protecting                                                                    
his family if  the offender was a "stone's  throw" away. Mr.                                                                    
Decker  replied that  if an  offender were  a stone's  throw                                                                    
away, then  current law would  allow a person to  use deadly                                                                    
force  to  protect themselves.  He  stated  that his  letter                                                                    
cited  an  example in  Houston  Texas  where a  similar  law                                                                    
increased gun play. He referenced  the letters of support in                                                                    
the packet.                                                                                                                     
                                                                                                                                
9:30:27 AM                                                                                                                    
                                                                                                                                
Senator Olson  interjected that he had  a different opinion.                                                                    
He did  not wish  for a  person to  incur large  legal bills                                                                    
because they were threatened.                                                                                                   
                                                                                                                                
9:31:00 AM                                                                                                                    
                                                                                                                                
Co-Chair  Kelly recalled  an article  about police  training                                                                    
and stated that  a person with a knife who  was 20 feet away                                                                    
would be able  to kill someone before he was  able to draw a                                                                    
gun.  He derived  from the  article that  the zone  around a                                                                    
person that  required protection  was larger  than expected.                                                                    
He disagreed with opinions expressed by ACLU attorneys.                                                                         
                                                                                                                                
9:32:09 AM                                                                                                                    
                                                                                                                                
Senator Dunleavy opined that there  was an assumption in Mr.                                                                    
Decker's  statement  that everyone  was  fit  enough to  run                                                                    
away. He noted  that a handicapped person would  not be able                                                                    
to outrun  an attacker.  An elderly  person might  also have                                                                    
difficulty retreating.                                                                                                          
                                                                                                                                
9:33:38 AM                                                                                                                    
                                                                                                                                
Representative  Neuman stated  that  in the  cases that  Mr.                                                                    
Decker was  referring, it would  not have been legal  to use                                                                    
deadly force  because of Alaska's justification  clauses. He                                                                    
added that  line 6 and 7  of the bill ensured  that a person                                                                    
must believe that the use of deadly force was necessary.                                                                        
                                                                                                                                
9:35:02 AM                                                                                                                    
                                                                                                                                
Mr. Shattuck  stated that  the bill  addressed self-defense.                                                                    
In each  case, the  Attorney General  would be  obligated to                                                                    
review the  case and  a jury  would determine  whether self-                                                                    
defense was utilized in accordance with the law.                                                                                
                                                                                                                                
9:36:12 AM                                                                                                                    
                                                                                                                                
Representative  Neuman  recalled that  Commissioner  Masters                                                                    
from  Department of  Public Safety  testified that  the bill                                                                    
would not change the  department's investigation process. He                                                                    
added that testimony from Department  of Law stated that the                                                                    
process would remain the same regarding prosecution.                                                                            
                                                                                                                                
9:37:26 AM                                                                                                                    
                                                                                                                                
Co-Chair  Meyer CLOSED  public testimony.  He observed  that                                                                    
the bill  had a zero fiscal  note and wondered why  the bill                                                                    
came to finance.  He trusted the judiciary  committee and he                                                                    
supported the bill.                                                                                                             
                                                                                                                                
9:38:06 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
9:38:51 AM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
9:38:54 AM                                                                                                                    
                                                                                                                                
Senator Olson  inquired what would  happen if a  person shot                                                                    
someone  on their  porch after  receiving a  complaint about                                                                    
loud noise.  He queried  how the bill  would deal  with that                                                                    
situation. Representative  Neuman replied that  the neighbor                                                                    
who  approached  the  porch  with  the  complaint  would  be                                                                    
considered  an  initial  aggressor under  the  justification                                                                    
clauses.  If the  person listening  to the  loud music  felt                                                                    
threatened, then he  would be able to  protect himself under                                                                    
current Alaska law.                                                                                                             
                                                                                                                                
9:40:22 AM                                                                                                                    
                                                                                                                                
Co-Chair Kelly  understood that the current  statute defined                                                                    
the person complaining about the music as the aggressor.                                                                        
                                                                                                                                
9:40:30 AM                                                                                                                    
                                                                                                                                
Senator Bishop  noted that he  did not oppose the  bill, but                                                                    
that he  respected the comments  of those who did.  He noted                                                                    
that it  was big decision to  take a person's life  and that                                                                    
he  would  do anything  personally  to  retreat rather  than                                                                    
taking  someone's life.  He disagreed  that  gun play  would                                                                    
increase or be encouraged as a result of the bill.                                                                              
                                                                                                                                
9:42:14 AM                                                                                                                    
                                                                                                                                
Senator  Dunleavy clarified  that  the bill  was  not a  gun                                                                    
bill.  The  bill  simply  allowed   Alaskans  to  feel  safe                                                                    
protecting  themselves against  aggressors, no  matter where                                                                    
they were.                                                                                                                      
                                                                                                                                
9:43:01 AM                                                                                                                    
                                                                                                                                
Senator Olson queried a  hypothetical question about hunters                                                                    
trespassing  on someone's  property and  the property  owner                                                                    
shooting the  hunters. He inquired  how the bill  would deal                                                                    
with  that scenario.  Representative  Neuman responded  that                                                                    
the  bill would  still be  prosecuting in  the same  way. He                                                                    
observed  that  under  the hunting  scenario,  the  property                                                                    
owner would not be reasonable  in thinking that his life was                                                                    
in danger.                                                                                                                      
                                                                                                                                
9:45:19 AM                                                                                                                    
                                                                                                                                
Senator Olson  noted that in this  particular situation, one                                                                    
boy was killed  and the other was paralyzed.  He inquired if                                                                    
the bill  would protect  the shooter.  Representative Neuman                                                                    
responded no  because the  shooter could  not prove  that he                                                                    
thought his life was in danger.                                                                                                 
                                                                                                                                
9:46:00 AM                                                                                                                    
                                                                                                                                
Co-Chair  Kelly  stated  that the  bill  was  a  "collapsed"                                                                    
version  of the  statutes. The  statutes did  not allow  the                                                                    
aggressor to shoot a person that was trying to get away.                                                                        
                                                                                                                                
9:46:45 AM                                                                                                                    
                                                                                                                                
Co-Chair  Kelly  MOVED  to  REPORT  CSHB  24  (JUD)  out  of                                                                    
committee   with   individual    recommendations   and   the                                                                    
accompanying fiscal notes. There  being NO OBJECTION, it was                                                                    
so ordered.                                                                                                                     
                                                                                                                                
9:47:08 AM                                                                                                                    
                                                                                                                                
HB  24  was REPORTED  out  of  committee  with a  "do  pass"                                                                    
recommendation  and  with  four  previously  published  zero                                                                    
fiscal notes: FN1(ADM), FN2(ADM), FN3(LAW), and FN4(DPS).                                                                       
                                                                                                                                
9:47:10 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
9:51:43 AM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                

Document Name Date/Time Subjects
HB 52 28-LS0170A PFD Allowable Absences.pdf SFIN 4/5/2013 9:00:00 AM
HB 52
HB 52 Amended Sectional Analysis 28-LS0170AA.pdf SFIN 4/5/2013 9:00:00 AM
HB 52
HB 52 Comparison 28-LS0170AA to 28-LS0170A.pdf SFIN 4/5/2013 9:00:00 AM
HB 52
HB 52 PFD Allowable Absences Presentation.pdf SFIN 4/5/2013 9:00:00 AM
HB 52
HB 52 PFD Select Regulations.pdf SFIN 4/5/2013 9:00:00 AM
HB 52
HB 52 PFD Select Statutes.pdf SFIN 4/5/2013 9:00:00 AM
HB 52
HB 52 Sponsor Statement PFD Allowable Absence.pdf SFIN 4/5/2013 9:00:00 AM
HB 52
HB 52 Support Letter Ross.pdf SFIN 4/5/2013 9:00:00 AM
HB 52
HB 52am 28-LS0170AA PFD Allowable Absences.pdf SFIN 4/5/2013 9:00:00 AM
HB 52
HB 24 Additional Statutes AS 11 81 340 & 350 3rd Party & Property.pdf SFIN 4/5/2013 9:00:00 AM
HB 24
HB 24 Related Statues on deadly and nondeadly force.docx SFIN 4/5/2013 9:00:00 AM
HB 24
HB 24 Sponsor Statement.docx SFIN 4/5/2013 9:00:00 AM
HB 24