Legislature(2005 - 2006)BUTROVICH 205
01/24/2006 08:30 AM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB218 | |
| SB200 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 200 | TELECONFERENCED | |
| += | SB 218 | TELECONFERENCED | |
| += | SB 10 | TELECONFERENCED | |
SB 200-USE OF FORCE TO PROTECT SELF/HOME
CHAIR RALPH SEEKINS announced SB 200 to be up for consideration
and asked Senator Therriault to offer a summary.
9:43:29 AM
SENATOR GENE THERRIAULT, sponsor, explained since the previous
hearing the Department of Law (DOL) has asked whether the
committee would consider a complete re-write of the particular
section in statute. He forwarded the bill to the legislative
legal drafters and asked for a review. He asked for a member of
his staff, along with a representative from the DOL for an
update on the changes.
9:45:53 AM
MR. DAVE STANCLIFF, staff to Senator Therriault, and Mr. Dean
Guaneli, Chief Assistant Attorney General, Criminal Division,
Department of Law, introduced themselves for the record.
MR. GUANELI explained the DOL is attempting to make the self-
defense laws more understandable to the public. He referred to
the draft document submitted to the committee and explained page
1 and 2 are a cleaned up version of the existing statutes. The
rest of the document lists all of the necessary amendments in
legislative format. The DOL has cleaned up the language so that
it is more understandable.
9:51:39 AM
For example, Section 11.81.335 is the provision for use of
deadly force in defense of self or others. The DOL retained the
existing requirement except as provided in subsection (b). A
person is authorized to use deadly force if it is necessary to
defend against death, physical injury, kidnapping, sexual
assault in the first and second degree, sexual abuse of a minor
in the first degree, or robbery in any degree. Deadly force is
permissible unless the following four exceptions apply:
· Acting to further a felony criminal objective
· Involved in a felony drug transaction
· Gang activity establishing control over a geographic area
· Using an illegal firearm
9:58:07 AM
MR. GUANELI continued deadly force could be used unless the
person knows that, with complete personal safety and with
complete safety of others they could avoid deadly force by
leaving the area of the encounter unless it is an area that
person owns or is residing. The DOL would propose to broaden
that to add areas such as a hotel room or a scenario of being a
guest of the owner. The word "premises" as defined in Alaska
criminal law includes vehicles adapted for overnight
accommodations.
Exception 2 [under AS 11.81.335 (b)] says a person would not be
required to leave if they were in the course of their employment
and exception 3 would be when protecting a child or family
member.
The differences between the DOL draft and SB 200 is in the
provision just explained. However, the DOL draft would ensure
for a tighter, more meaningful self-defense law.
10:03:44 AM
MR. GUANELI continued AS 11.81.340 is current law and is
sometimes overlooked. It says if a third party is lawfully
defending themselves, someone else would have the right to come
to that person's aid.
10:04:38 AM
The DOL draft would add some language to AS 11.81.350 by
engrafting the car-jacking provision. Subsection (e) would
clarify that persons acting under the provision do not have a
duty to retreat.
10:08:07 AM
SENATOR GRETCHEN GUESS asked Mr. Guaneli whether the DOL was
making a recommendation on Section 1 of SB 200 regarding
immunity.
MR. GUANELI said the DOL had no problem with it.
SENATOR GUESS referred to AS 11.81.335(a)(2) and noted that
gangs move around. She asked whether the police are able to
delineate gang turf in Alaska.
MR. GUANELI admitted it was difficult to define a gang under law
and difficult to identify turf.
10:11:37 AM
SENATOR GUESS noted that Alaska has a statutory definition for
"gang."
MR. GUANELI added there is also a definition for "street gang",
which is defined as a group of people that are identified by
common clothing, or hand signals, or tattoos, and have engaged
in a certain number of criminal offenses over the past three
years.
SENATOR GUESS referred to AS 11.81.350(e) of the DOL draft and
asked whether a person would be justified in shooting someone
stealing their car.
MR. GUANELI said only to the extent it is reasonably necessary
to terminate theft of the motor vehicle when another person
other than the offender is inside the vehicle.
10:16:14 AM
MR. STANCLIFF said another thing to consider is the definition
of "motor vehicle." Some people believe that boats and airplanes
should be included.
SENATOR THERRIAULT wanted to ensure the neighborhood watch was
exempt from any territorial issues, as that is something where
citizens patrol.
MR. GUANELI observed that neighborhood watches, while attempting
to provide security are not trying to establish control over a
neighborhood.
SENATOR THERRIAULT asked whether a felon could use a gun that he
knows is stored in the house in order to protect himself from a
home break-in.
MR. GUANELI said under state law, a non-violent felon may still
possess a gun but under federal law, they cannot. That scenario
would be a policy call. Technically under federal law the felon
would be in violation.
SENATOR THERRIAULT noted a felon who was a guest in a house
should be allowed to render assistance to the family if they
were being victims of a crime.
10:21:12 AM
SENATOR FRENCH encouraged the sponsor to use careful wording on
the drafting of the bill in relation to the car theft issue. He
said it should be worded so that it could not become legal to
kill car thieves simply for stealing a vehicle.
10:22:19 AM
MR. GUANELI agreed there was ambiguity in the draft that should
be cleared up.
10:23:06 AM
CHAIR SEEKINS asked Senator Therriault to bring a committee
substitute (CS) to the next hearing.
10:23:27 AM
SENATOR THERRIAULT replied that was his intention.
10:23:50 AM
CHAIR SEEKINS held SB 200 in committee.
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