Legislature(1999 - 2000)

03/27/2000 02:18 PM Senate JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
           SB  26-FALSE INFORMATION/REPORT TO POLICE                                                                            
MR. MIKE PAULEY, staff to Senator Leman, offered a brief overview                                                               
of SB 26, and then discussed the blank committee substitute that                                                                
Senator Leman is recommending the Judiciary Committee adopt in lieu                                                             
of the original bill.  Mr. Pauley read the following statement:                                                                 
                                                                                                                                
     Briefly, SB 26 proposes a new crime of giving false                                                                        
     information to a police officer in the first and second                                                                    
     degrees.                                                                                                                   
                                                                                                                                
     If a person knowingly gives false information about their                                                                  
     identity while under arrest or detention or being served a                                                                 
     warrant for a felony offense, they can be charged with false                                                               
     information or report in the first degree.  That is designated                                                             
     in the bill as a class C felony.                                                                                           
                                                                                                                                
     On the other hand, if a person knowingly provides false                                                                    
     identity information while under arrest or detention or being                                                              
     served a warrant for a misdemeanor offense, or while being                                                                 
     issued a citation, that person can be charged with false                                                                   
     information or report in the second degree.  This is                                                                       
     designated as a class A misdemeanor.                                                                                       
                                                                                                                                
     This is the basic summary of the original bill.  During last                                                               
     year's hearing in this committee, several concerns were raised                                                             
     about this legislation, and we believe we have addressed all                                                               
     those concerns in the blank CS.                                                                                            
                                                                                                                                
     The first concern, raised by the Department of Law, was that                                                               
     the class C felony designation was disproportionate.  It was                                                               
     noted that resisting or interfering with arrest [AS 11.56.700]                                                             
     is arguably more serious than lying.  Yet resisting or                                                                     
     interfering with arrest is designated as a class A                                                                         
     misdemeanor, and this is the case regardless of whether the                                                                
     person is being arrested for a felony or a misdemeanor.  In                                                                
     the blank CS, we have changed the bill to follow this model.                                                               
     The blank CS creates a single crime of providing false                                                                     
     information to a peace officer, and this is a class A                                                                      
     misdemeanor under all circumstances.                                                                                       
                                                                                                                                
     A second issue was raised by some committee members and also                                                               
     a representative of the Alaska State Troopers.  The concern                                                                
     was that the bill was too narrow because the false information                                                             
     crime kicks in only if the false information is provided while                                                             
     the person is under arrest or detention, or being served a                                                                 
     warrant or issued a citation.  It was pointed out that false                                                               
     information could be provided to a peace officer while                                                                     
     conducting an investigation, and this would not be covered                                                                 
     under this bill.                                                                                                           
                                                                                                                                
     The blank CS expands the scope of the bill considerably, and                                                               
     the new language can be found on the letter "H" draft in your                                                              
     packets, on page 2, lines 11 through 13.  This new language                                                                
     states that the crime of false information has been committee                                                              
     if a person, "having committed a crime, knowingly gives false                                                              
     information to a peace officer with the intent of avoiding                                                                 
     apprehension, prosecution, conviction, or punishment."                                                                     
                                                                                                                                
     The final change included in the CS is an amendment to our                                                                 
     existing statute on hindering prosecution.  This can be found                                                              
     in section 1 of the blank CS, letter "H" draft, page 1, lines                                                              
     4 through 12.                                                                                                              
                                                                                                                                
     This statute makes it a crime to render assistance to another                                                              
     person who has committed a crime, with the intent of hindering                                                             
     the apprehension, prosecution, conviction, or punishment of                                                                
     that person.                                                                                                               
                                                                                                                                
     The definition of rendering assistance to another includes                                                                 
     using deception to obstruct the discovery or apprehension of                                                               
     that person.  Accordingly, if a person lies to a police                                                                    
     officer in an effort to obstruct the apprehension of a                                                                     
     criminal, that is in itself a crime.                                                                                       
                                                                                                                                
     However, there is a catch.  Under the terms of our existing                                                                
     law, this would apply only if the person lies to prevent                                                                   
     apprehension of a person who has committed a crime that is                                                                 
     punishable by imprisonment of greater than 90 days.  This                                                                  
     effectively means that all class B misdemeanors are not                                                                    
     covered under existing law.  Class B misdemeanors include such                                                             
     offenses as disorderly conduct, harassment, misconduct                                                                     
     involving weapons in the fifth degree, and criminal mischief                                                               
     in the fourth degree.                                                                                                      
                                                                                                                                
     While these may not be the most serious offenses on the books,                                                             
     they do consume a great deal of police time.  It does not seem                                                             
     appropriate for state law to sanction lying to a police                                                                    
     officer under these circumstances.  The blank CS removes the                                                               
     exception for class B misdemeanors, so that the statute                                                                    
     applies to all crimes.                                                                                                     
                                                                                                                                
CHAIRMAN TAYLOR asked if Senator Leman had considered making it a                                                               
crime to file false information to the legislature.                                                                             
                                                                                                                                
MR. PAULEY responded that idea had not been considered.                                                                         
                                                                                                                                
CHAIRMAN TAYLOR moved to adopt CSSB 26 (JUD), version H, dated                                                                  
3/16/00, as the working document of the committee.  There being no                                                              
objection, CSSB 26 (JUD) was adopted.                                                                                           
                                                                                                                                
Number 445                                                                                                                      
                                                                                                                                
SENATOR HALFORD asked about Section 2(4), knowingly makes a false                                                               
report to the Department of Natural Resources under AS 46.17                                                                    
concerning the condition of a dam or reservoir; or, wondering how                                                               
this subsection came about.                                                                                                     
                                                                                                                                
MR. PAULEY responded that last year Senator Halford had informed                                                                
him this section was an ill-advised piece of legislation that had                                                               
been adopted by the legislature several years ago.                                                                              
                                                                                                                                
SENATOR HALFORD moved to delete subsection (4).  There being no                                                                 
objection, subsection (4) was deleted.                                                                                          
                                                                                                                                
SENATOR HALFORD moved CSSB 26 (JUD)am out of committee with                                                                     
individual recommendations.  There being no objection, the motion                                                               
carried.                                                                                                                        

Document Name Date/Time Subjects