Legislature(2007 - 2008)BELTZ 211
03/28/2008 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB183 | |
| HB149 | |
| HB286 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 149 | TELECONFERENCED | |
| + | HB 286 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| = | SB 183 | ||
HB 286-IMPERSONATING A PUBLIC SERVANT
CHAIR FRENCH announced the consideration of HB 286.
JENNIFER BAXTER, Staff to Representative Nancy Dahlstrom, said
HB 286 makes it a class C felony for impersonating a public
servant in the first degree. A person commits this crime by
violating AS 11.56.830 by pretending to be a peace officer.
Currently it is a class B misdemeanor to impersonate any public
servant.
This bill targets those who intend to harm an individual or
group while appearing as a person whose job it is to protect
others and uphold the law. Class B misdemeanors usually bring
little or no jail time unless the person has a significant
criminal history. HB 286 will add teeth to existing law by
providing law enforcement agencies with another tool. The bill
serves as a strong deterrent for those who deliberately make
choices that put families, neighbors and communities at risk.
2:34:47 PM
JEFF LANDVATTER Alaska State Trooper and member of PSEA, said
being a police officer is about trust. Society places high value
on a police officer and you know you can trust them. So when
someone pretends to be a police officer it breaks that public
trust. What better way to strike terror in the community, he
said. The legislature needs to send a clear message that the
State of Alaska will not tolerate impersonating a police
officer.
2:36:36 PM
CHAIR FRENCH asked Trooper Landvatter if he has personal
experience with people who have impersonated a police officer.
TROOPER LANDVATTER described a situation in Juneau where a
person bought a surplus police car and set it up to look
authentic. He doesn't know if the person tried to impersonate an
officer, but he clearly tried to imitate a police car. He has
heard of other situations in Wasilla where someone actually
pulled someone over. In the lower 48 people have been raped and
murdered by someone impersonating a police officer and it's a
concern that it could happen in this state. This is a preemptive
law to protect Alaska, he said.
2:38:22 PM
CHAIR FRENCH asked if the bogus police car was actually operated
on the highway in Juneau.
TROOPER LANDVATTER replied that he saw it being driven, but he
doesn't know if the person tried to exercise authority to pull
someone over.
CHAIR FRENCH asked if he's ever come across a "cop wannabe."
TROOPER LANDVATTER said yes.
CHAIR FRENCH asked if that's part of the phenomenon here.
TROOPER LANDVATTER said to a certain extent that might be the
case. Becoming a trooper or police officer is a difficult
process and some people simply aren't able to attain that goal.
A certain number of those people end up hanging around police
officers and some become volunteers and ride with officers to
feel part of the action. Some also take it to the next step and
do something on their own.
2:39:43 PM
CHAIR FRENCH said that's an important line to cross and he's
been puzzling with that here because laying a felony crime on
someone is a very serious thing to do. If someone tries to
exercise the authority of being an officer he's willing to stop
the person with a harsh measure, but if someone does nothing
more than drive a car that looks like a police car, it may not
be right but he's not sure it's a felony. He said he's been
puzzling with how to suss out that difference and has an
amendment to offer.
TROOPER LANDVATTER pointed out that it's the same as a person
who puts on a uniform and walks down the street. He or she
hasn't taken any action, but people are drawn to the uniform or
the police car as a place of safety or a place to get help.
2:40:59 PM
SENATOR HUGGINS relayed a personal experience and asked if a kid
who speeds around in his dad's trooper vehicle with lights
flashing would violate this law.
TROOPER LANDVATTER responded that the kid would be using a
patrol car without authorization to drive too fast so other
elements of the law could be used in a prosecution. Pulling
someone over elevates the act to the next level of impersonating
an officer. Those are two different things.
2:42:05 PM
CHAIR MCGUIRE suggested that the underlying statute is poorly
written and perhaps it should be reviewed. For example, page 1,
line 6, talks about pretending to be a police officer, which
doesn't provide much detail and page 1, lines 10-12, talk about
any act related to pretending to be a public servant, which is
very broad.
She asked if undercover agents are used on his police force
because that could be a place for real mischief. Trooper
Landvatter replied in the affirmative. She then asked how often
citizen arrests occur and if this might be interpreted as
impersonating a police officer.
2:44:34 PM
TROOPER LANDVATTER replied those don't happen that often; most
of the time it's in a shoplifting situation.
SENATOR THERRIAULT commented that all the bills today have
strange ties. He highlighted an issue from several years ago
when the citizens of the sovereign nation of Chickaloon
purchased a vehicle and began pulling people over on the Glenn
Highway and issuing traffic tickets. He questioned whether that
act would be impersonating a police officer.
2:45:42 PM
TROOPER LANDVATTER clarified that he isn't an expert on this
law, but his opinion is that if they're operating under a
community or municipality then they have the authority to
enforce local ordinances.
2:46:45 PM
CHRIS GIFFORD, Vice President, Juneau Police Department
Employees Association (JPDEA) and member of the Public Safety
Employees Association (PSEA) stated support for HB 286 making it
a felony crime to impersonate a police officer. Everyday brave
men and women take an oath to protect and serve the state or
community they work for, he said. They are expected to enforce
laws, perform traffic stops, promote highway safety, fight the
war on drugs, investigate violent crimes and more. Every time
they contact someone they're entrusted with personal and
confidential information. From childhood people are taught to
trust police officers and go to them for help. That trust is an
awesome responsibility that should be protected with the utmost
care. When someone impersonates a police officer that trust is
broken and the potential for harm is great. Elevating this crime
to a more serious charge will possibly reduce the frequency of
this crime.
2:50:01 PM
BARRY SCHIMMACK said he is a concerned citizen from Chugiak who
supports HB 286. He noted that he submitted written testimony
and then relayed that in Colorado a bill was passed that has
specifics disallowing the display of police lights. He described
the brutal murder of his Colorado friend who was pulled over and
tricked into believing she was with a legitimate police officer.
In the Anchorage area there have been two instances of
impersonating an officer in the last two years and as the father
of three girls he is nervous about that sort of thing. Perhaps
the bill needs more teeth, but he supports it fully because he
doesn't want any Alaskan to meet the same fate as his friend.
Knowing that this now is a felony crime hopefully will have an
effect.
2:56:02 PM
CHAIR FRENCH moved Amendment 1, 25-LS1169\A.1, Luckhaupt, and
objected for discussion purposes.
AMENDMENT 1
OFFERED IN THE SENATE
TO: HB 286
Page 1, line 6, following "officer":
Insert "and purports to exercise the authority of
a peace officer in relation to another person"
CHAIR FRENCH explained that the idea is that you have to do some
act to exercise the authority of that badge, that car or those
lights to interrupt someone's life and get access to their
personal information. That steps over the line and indicates
that you're a bad actor.
2:57:55 PM
SENATOR THERRIAULT asked if there's a reason for not adding this
to the other sections of statute.
CHAIR FRENCH said that's a good suggestion. Current law talks
about doing any act in that capacity and that is so broad that
it would encompass driving down the road in a police car or
walking around in a police uniform. But if the committee is
interested in having all aspects of impersonation, he wouldn't
object. He asked Mr. Luckhaupt why this idea shouldn't apply to
both the B misdemeanor and the C felony.
2:58:50 PM
JERRY LUCKHAUPT, Legislative Counsel, Legislative Legal and
Research Services Division, said you could apply any
requirements to this particular act. The existing statute talks
about pretending to be a public servant and doing some act in
that capacity. In his view just dressing up or driving a car
that used to be a police vehicle isn't enough. You'd have to
represent yourself as a police officer and pull someone over or
call them and get information about another person. Those are
examples of how these laws have been used in other states to
sustain prosecutions. There haven't been prosecutions of exotic
dancers, for example, who dress up like a cop because they
aren't performing an official act.
3:01:10 PM
SENATOR THERRIAULT observed that the amendment addresses the
problem of pretending to be a peace officer in Section 1, but it
doesn't address the problem of impersonating a public servant in
Section 2. He suggested the committee consider tightening that
section as well.
CHAIR FRENCH said it's a good suggestion and he'd like the
committee to take time to mull the question and work with the
sponsor. He held HB 286 in committee with Amendment 1, 25-
LS1169\A.1, pending.
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