Legislature(1999 - 2000)
03/08/1999 01:35 PM Senate JUD
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SB 26-FALSE INFORMATION/REPORT TO POLICE
MR. MIKE PAULEY, staff to Senator Loren Leman, presented SB 26. SB
26 creates a new crime of giving false information to a police
officer. Under current law, a person is guilty of a class A
misdemeanor for giving false information to a police officer with
the intent of implicating another in a crime. SB 26 would make it
a class A misdemeanor to give false identity information to a
police officer while under arrest or detention for a misdemeanor
offense. Any false identity information may hinder justice
regardless of intent.
MR. PAULEY explained SB 26 also creates a class C felony for
providing false identity information while under arrest or
detention for a felony offense.
MR. PAULEY said the bill emphasizes the gravity of providing false
identity or information to a peace officer in an attempt to avoid
prosecution. The severity of this crime is tantamount to physical
escape and should be punished accordingly, with more severe
punishment for more severe offenses. He also claimed false
information can derail investigations to the point they are stale
and cannot move forward.
MR. PAULEY concluded by saying SB 26 is supported by the Anchorage
Peace Officers Association, the Victims for Justice and the Alaska
Association of Chiefs of Police.
Number 050
SENATOR HALFORD asked if the bill applies only to a person who is
under arrest or detention or being served a warrant. MR. PAULEY
agreed it does. SENATOR HALFORD asked if the bill also covers
people being issued a citation. MR. PAULEY replied it does, but
that would be a misdemeanor.
SENATOR HALFORD clarified that until the point a person is issued
a citation, there is no violation. MR. PAULEY responded that he
believed that was correct, but would depend on the interpretation
of "under arrest or detention."
SENATOR HALFORD noted this bill includes making a false report to
the Department of Natural Resources (DNR) concerning the condition
of a dam or reservoir. MR. PAULEY claimed this was in existing
statute and he was unfamiliar with the history of this. SENATOR
HALFORD commented, "It was a very foolish bill we passed about a
decade ago."
Number 114
SENATOR DONLEY claimed "We have other laws to cover that particular
issue . . . "[false reports to DNR].
SENATOR DONLEY asked if it is a misdemeanor to give false identity
information to a police officer conducting an investigation,
without the intent to implicate another. He said this seems to
leave a gap; no crime is committed unless a person gives false
information with the intent of implicating another, or while under
arrest or detention, or being issued a citation.
SENATOR HALFORD explained if a person gives false identity
information when a police officer merely asks, "Who are you?",
there is no crime, as the person is not under arrest or detention.
He agreed there seems to be a gap. SENATOR DONLEY suggested there
could be public policy reasons why the sponsor does not want to
include this. MR. PAULEY replied the sponsor would not be likely to
object to broadening the scope of the bill.
Number 196
SENATOR ELLIS asked if the sponsor actually believes providing
false information is as serious a crime as physically eluding
arrest. He also asked if MR. PAULEY could provide examples of cases
that had gone stale due to false information. MR. PAULEY did not
have examples of stale cases, but said this concern had been
conveyed to him by the Anchorage Police Department. He said he was
comparing physical escape with false information in an analogy and
the point is that deception is being used to elude arrest and the
severity of the penalty should correlate with the severity of the
offense.
SENATOR ELLIS said he was surprised MR. PAULEY would equate the
two, as physical escape is an objective situation and a report of
false information seems more subjective.
SENATOR HALFORD said the false information given must be with the
intent to implicate another or regarding identity or to report a
false alarm. He asked if a correctional officer is considered a
peace officer and how this bill might apply to people who are
incarcerated.
MS. MARGOT KNUTH, representing the Department of Corrections,
remarked the Department of Law might be better suited to answer
questions about whether or not correctional officers fall under the
definitions of SB 26.
SENATOR HALFORD suggested "blaming it on somebody else" is probably
a regular occurrence in prison. MS. KNUTH replied the Department
has disciplinary procedures to deal with this.
Number 282
MS. ANNE CARPENETI, representing the Department of Law, said it
does not seem as if correctional officers are included under the
definitions in SB 26; she said she would research the question and
provide the committee with a definitive answer.
SENATOR HALFORD asked if Village Public Safety Officers (VPSOs) are
covered under the bill and MS. CARPENETI said they are.
SENATOR HALFORD asked what constitutes detention and how this bill
would apply if a citation is not actually issued. MS. CARPENETI
replied official detention is defined as arrest or something like
it. A person merely stopped for a citation probably would not be
under detention. She noted that the common definition of detention
might apply.
SENATOR HALFORD claimed the bill does not "reach what you are
trying to reach . . . the person who has given the false
information will have the defense 'but I wasn't arrested, I wasn't
cited'."
MS. CARPENETI said the Department's concern is that it is more
serious to falsely implicate another in a crime or create a false
alarm (both class A misdemeanors) than to give false identity
information (a C felony under SB 26). SENATOR DONLEY asked if the
latter crime should be an A misdemeanor. MS. CARPENETI concurred,
noting that criminally negligent homicide is a C felony offense.
Number 348
SENATOR HALFORD reported fiscal notes had been received for the
bill.
SENATOR DONLEY considered the possibility of reducing Section 1 to
a class A misdemeanor and allowing it to encompass all class A
misdemeanors. Additionally, he proposed including the simple crime
of providing false information to a peace officer (while not under
arrest, detention, etc.) as a class B misdemeanor.
MR. BLAIR MCCUNE, representing the Alaska Public Defender Agency,
said the Agency's main concern is how well the C felony created in
SB 26 fits with existing C felonies such as resisting arrest.
MR. MCCUNE suggested adding a requirement for providing false
information "with intent to avoid prosecution" would bring that
provision in line with the others that require the same type of
mental state.
MR. MCCUNE reported "official detention" is used as a term of art,
and is not the same as the common definition.
MR. MCCUNE agreed that this bill does not appear to apply to
correctional officers.
Number 454
SENATOR HALFORD asked if the bill would apply to probation officers
who could have cause to ask the identity of a person in the company
of someone on probation. He commented the Agency knows false
information is given in 2% of police cases, showing this is a valid
problem to address. MR. MCCUNE said juveniles might give false
information initially, but "change their tune" after a stern look.
This charge is for people who persistently give false information.
SENATOR DONLEY commented if the bill does not define "detention,"
the Public Defender Agency will argue it is not specific enough and
the term needs to be defined.
Number 483
MR. DAVID HUDSON, representing the Alaska State Troopers, supported
SB 26 as an aid to police investigations. He asked the sponsor to
consider including false information given to an officer conducting
an investigation. He said by the time a suspect is under arrest,
making a positive identification is relatively easy. He also
suggested the committee might consider including an "intent to
avoid arrest" provision to the bill.
SENATOR ELLIS asked MR. HUDSON when an investigation starts and
when it stops. MR. HUDSON explained investigating officers identify
themselves and explain they are conducting an investigation before
they ask for a person's identification. They then provide the
person's name to a dispatcher for a background check. A person who
has a warrant out for their arrest may give false information at
this time; however, if an officer doubts the veracity of the
information provided, he or she may remind the person it is a crime
to give false information to a peace officer.
Number 540
SENATOR ELLIS asked if expanding the bill to include investigations
would widely broaden the bill's scope. MR. HUDSON said such a
change would encompass many aspects of police work and "strengthen
the ability of law enforcement to provide positive public contact."
SENATOR HALFORD asked if a person contacted in an investigation is
required to give information to police. MR. HUDSON replied a person
has the right to remain silent.
Number 571
SENATOR HALFORD said the committee would hold SB 26 and take it up
in the future.
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