Legislature(2007 - 2008)BELTZ 211

04/04/2008 01:30 PM Senate JUDICIARY


Download Mp3. <- Right click and save file as

* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HJR 28 CONST. AM:BUDGET RES.FUND/OIL& GAS TAX TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 286 IMPERSONATING A PUBLIC SERVANT TELECONFERENCED
Moved SCS CSHB 286(JUD) Out of Committee
             HB 286-IMPERSONATING A PUBLIC SERVANT                                                                          
                                                                                                                                
1:43:14 PM                                                                                                                    
CHAIR FRENCH announced  the consideration of HB  286. He withdrew                                                               
amendment  25-LS1169\A.1  that  was  pending  from  the  previous                                                               
hearing, and  asked for  a motion to  adopt Version  \C committee                                                               
substitute (CS).                                                                                                                
                                                                                                                                
1:43:43 PM                                                                                                                    
SENATOR  McGUIRE  moved  to  adopt  Senate CS  for  HB  286,  25-                                                               
LS1169\C, Luckhaupt, as the working document.                                                                                   
                                                                                                                                
CHAIR  FRENCH explained  that the  CS incorporates  the withdrawn                                                               
amendment more  smoothly. He continued  to say that the  crime of                                                               
impersonated  a  public  servant  in the  first  degree  is  what                                                               
happens  when   someone  violates   the  underlying   statute  by                                                               
"pretending  to be  peace officer  and purports  to exercise  the                                                               
authority  of a  peace officer  in relation  to another  person."                                                               
Previous  discussion focused  on whether  the underlying  statute                                                               
should be fixed, but his view is  that it's been on the books for                                                               
some time and  the bill sponsor intended to focus  on making it a                                                               
felony to impersonate  a police officer given  the huge authority                                                               
those individuals have.                                                                                                         
                                                                                                                                
SENATOR McGUIRE suggested,  on line 11, saying "pretends  to be a                                                               
public  servant  and purports  to  exercise  the authority  of  a                                                               
public  servant." She  then asked  if the  drafter saw  a problem                                                               
with the phrase "does any act."                                                                                                 
                                                                                                                                
CHAIR  FRENCH replied  he hasn't  indicated  that the  underlying                                                               
statute needs to  be fixed. In response to a  question he relayed                                                               
that this is the last committee of referral.                                                                                    
                                                                                                                                
SENATOR  WIELECHOWSKI   reviewed  the  difference   between  Sec.                                                               
11.56.827(a)  that  says, "pretending  to  be  peace officer  and                                                               
purports  to  exercise  the  authority  of  a  peace  officer  in                                                               
relation  to  another person."  and  AS  11.56.830(a), that  says                                                               
"pretends to be a public servant…".                                                                                             
                                                                                                                                
CHAIR FRENCH  said that all  police officers are  public servants                                                               
so a peace  officer could violate the B misdemeanor  by doing any                                                               
act in  that capacity - perhaps  by carrying a badge,  but not by                                                               
exercising the  authority. If  you're not  a police  officer, you                                                               
probably shouldn't carry a police badge in your wallet, he said.                                                                
                                                                                                                                
SENATOR McGUIRE  observed that with  respect to  the misdemeanor,                                                               
the   broader   definition   of   public   servant   incorporates                                                               
legislators. In the previous committee  she gave the example of a                                                               
staff  member  trying   to  impress  a  girlfriend   by  using  a                                                               
legislator's  stationary.  Under  the "any  act"  language,  it's                                                               
suddenly a crime, she said.                                                                                                     
                                                                                                                                
CHAIR FRENCH responded  that it's been that way for  20 years and                                                               
he's  not  aware  that  any  charges have  been  filed  for  that                                                               
offense. He  has the same unease,  but he's come to  believe that                                                               
for a B  misdemeanor, only the most egregious  violations will be                                                               
charged.                                                                                                                        
                                                                                                                                
SENATOR McGUIRE  suggested replicating the C  felony language for                                                               
the  lesser offense  to  make it  clear that  the  person has  to                                                               
purport to  exercise authority [of  a public servant  in relation                                                               
to another person], as opposed to "any act."                                                                                    
                                                                                                                                
SENATOR  WIELECHOWSKI  found that  reasonable  and  asked if  the                                                               
sponsor disagrees.                                                                                                              
                                                                                                                                
CHAIR FRENCH said he believes that  the sponsor cares about the C                                                               
felony, not the B misdemeanor.                                                                                                  
                                                                                                                                
SENATOR WIELECHOWSKI said he agrees  with Senator McGuire on that                                                               
point.                                                                                                                          
                                                                                                                                
1:48:02 PM                                                                                                                    
CHAIR  FRENCH  asked  Senator McGuire  to  restate  the  proposed                                                               
language for a conceptual amendment.                                                                                            
                                                                                                                                
SENATOR McGUIRE said the conceptual  amendment is to make Section                                                               
2  the misdemeanor  offense that  applies to  the broader  public                                                               
servant  category  consistent  with   the  peace  officer  felony                                                               
language  by  deleting the  phrase  "any  act"  on line  11,  and                                                               
inserting the  phrase, "purports to  exercise the authority  of a                                                               
public servant in relation to another person."                                                                                  
                                                                                                                                
CHAIR FRENCH said Section 2 would then read as follows:                                                                         
                                                                                                                                
     (a)  A  person commits  the  crime  of impersonating  a                                                                    
     public  servant  in the  second  degree  if the  person                                                                
     pretends  to  be  a  public  servant  and  purports  to                                                                
     exercise the authority of a public servant in relation                                                                 
     to another person.                                                                                                     
                                                                                                                                
CHAIR FRENCH found  no objection, and announced  that Amendment 1                                                               
is  adopted. Finding  no further  committee discussion,  he asked                                                               
for a motion.                                                                                                                   
                                                                                                                                
SENATOR  McGUIRE  motioned to  report  the  CS  for HB  286,  25-                                                               
LS1169\C,   as   amended,    from   committee   with   individual                                                               
recommendations and attached fiscal note(s).                                                                                    
                                                                                                                                
CHAIR FRENCH announced that without  objection SCS HB 286(JUD) is                                                               
moved from the Senate Judiciary Committee.                                                                                      
                                                                                                                                

Document Name Date/Time Subjects