Legislature(2013 - 2014)BELTZ 105 (TSBldg)

03/27/2013 01:30 PM Senate JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 72 OMBUDSMAN TELECONFERENCED
Scheduled But Not Heard
-- Public Hearing --
+ SB 36 MISSING VULNERABLE ADULT RESPONSE PLAN TELECONFERENCED
Heard & Held
+= HJR 4 OPPOSE GUN CONTROL ORDERS & LEGISLATION TELECONFERENCED
Scheduled But Not Heard
+ HB 24 SELF DEFENSE TELECONFERENCED
Moved CSHB 24(JUD) Out of Committee
Bills Previously Heard/Scheduled
= SJR 9 CONST. AM: EDUCATION FUNDING
Moved SJR 9 Out of Committee
                      HB  24-SELF DEFENSE                                                                                   
                                                                                                                                
2:08:59 PM                                                                                                                    
CHAIR  COGHILL  announced  the  consideration  of  HB  24.  [CSHB
24(JUD) was before the committee.]                                                                                              
                                                                                                                                
2:09:45 PM                                                                                                                    
REPRESENTATIVE MARK  NEUMAN, joint prime  sponsor of HB  24, said                                                               
HB 24  is "An Act relating  to self-defense in any  place where a                                                               
person  has a  right to  be." He  explained that  the bill  would                                                               
extend the rights  of the castle doctrine to any  place in Alaska                                                               
where a  person has a legal  right to be. However,  the bill does                                                               
not change  the justification  clauses. He  noted that  the House                                                               
Judiciary  Committee made  a slight  change and  placed the  word                                                               
"other" between  the words "any" and  "place" [on page 2,  line 3                                                               
to  clarify that  the proposed  new AS  11.81.335(b)(5) addresses                                                               
locations  other  than  those already  outlined  in  existing  AS                                                               
11.81.335(b)(1)  and (3).]  He summarized  that  the bill  allows                                                               
Alaskans to protect  themselves and their families  when they are                                                               
in any place they have a right to be.                                                                                           
                                                                                                                                
2:12:08 PM                                                                                                                    
SENATOR DYSON offered his understanding  that to use deadly force                                                               
a person has to be in fear of death or serious bodily harm.                                                                     
                                                                                                                                
REPRESENTATIVE NEUMAN confirmed that  the justification clause in                                                               
AS 11.81.335(a) says that a person  may use deadly force in self-                                                               
defense "to  the extent  that a  person reasonably  believes that                                                               
the  use of  deadly  force is  necessary  against death;  serious                                                               
physical  injury;   kidnapping,  except  what  is   described  as                                                               
custodial  interference in  the first  degree; sexual  assault in                                                               
the first  and second  degrees; sexual  abuse of  a minor  in the                                                               
first degree; or robbery in any degree."                                                                                        
                                                                                                                                
SENATOR  DYSON  said  he  wanted   it  on  the  record  that  the                                                               
legislation does  not exclude the  fact that  for a person  to be                                                               
justified in  using deadly force  the person  must be in  fear of                                                               
their  life  or  serious  physical injury.  This  does  not  give                                                               
blanket permission for people to shoot somebody.                                                                                
                                                                                                                                
2:13:22 PM                                                                                                                    
SENATOR MCGUIRE highlighted  that AS 11.81.335(b) goes  on to say                                                               
"A person  may not  use deadly  force under  this section  if the                                                               
person  knows  that,  with  complete  personal  safety  and  with                                                               
complete  safety as  to  others being  defended,  the person  can                                                               
avoid the necessity of using deadly  force by leaving the area of                                                               
the encounter, except  there is no duty to leave  the area if the                                                               
person is" on  premises the person owns or leases,  resides or is                                                               
a guest. The  bill does not change that except  as outlined under                                                               
subsection (a).                                                                                                                 
                                                                                                                                
She  asked  for  the  reasoning underlying  the  House  Judiciary                                                               
amendment to insert  "other" between the words  "any" and "place"                                                               
[on page 2, line 3].                                                                                                            
                                                                                                                                
REPRESENTATIVE  NEUMAN  said that  body  wanted  to clarify  that                                                               
paragraph (5)  identifies a place  other than a person's  home or                                                               
business.                                                                                                                       
                                                                                                                                
CHAIR COGHILL  asked for an  explanation of the debate  that took                                                               
place  on the  House floor  and where  the sponsor  stood on  the                                                               
proposed amendment relating to robbery.                                                                                         
                                                                                                                                
2:15:50 PM                                                                                                                    
REPRESENTATIVE  NEUMAN  explained  that  current  statue  says  a                                                               
person has the  right to use deadly force in  the defense of self                                                               
in  robbery in  any  degree. The  proposed  amendment would  have                                                               
eliminated the  possibility to  use deadly  force for  robbery in                                                               
the  second degree.  He  did not  support  the amendment  because                                                               
circumstances can  be nuanced  and change in  a split  second. AS                                                               
11.41.500,  robbery in  the first  degree, involves  a threat  of                                                               
physical  injury. AS  11.41.510,  robbery in  the second  degree,                                                               
does not involve a threat or  physical injury. He relayed that he                                                               
respected  the  fact  that   previous  legislators  included  all                                                               
robbery.                                                                                                                        
                                                                                                                                
CHAIR  COGHILL offered  his understanding  that robbery  involves                                                               
taking from somebody as opposed to thievery.                                                                                    
                                                                                                                                
REPRESENTATIVE  NEUMAN reiterated  that  he did  not support  the                                                               
floor amendment proposed in the other body.                                                                                     
                                                                                                                                
2:19:05 PM                                                                                                                    
REX SHATTUCK, Staff to Representative  Mark Neuman, sponsor of HB
24, added that robbery is  typically against a person. It doesn't                                                               
matter what  is being taken; if  there is a weapon  or indication                                                               
of serious  threat, it  is against a  person. He  emphasized that                                                               
the  deliberations   are  about  protecting  the   rights  of  an                                                               
individual.                                                                                                                     
                                                                                                                                
CHAIR COGHILL  said the law  should be very clear  because people                                                               
won't be  thinking about the  fine points of law  when confronted                                                               
by a violent act.                                                                                                               
                                                                                                                                
2:20:26 PM                                                                                                                    
REPRESENTATIVE NEUMAN said he  spent considerable time discussing                                                               
the  point  with  legislative  legal  and  decided  that  it  was                                                               
appropriate to keep the current statute.                                                                                        
                                                                                                                                
2:21:02 PM                                                                                                                    
BRIAN  JUDY, Alaska  State Liaison,  National Rifle  Association,                                                               
said the NRA supports HB  24. He said this important self-defense                                                               
legislation provides  that a law-abiding person  who is justified                                                               
in  using deadly  force in  self-defense has  no duty  to retreat                                                               
from an attack if the person is in  a place he or she has a legal                                                               
right to be.  He emphasized that this only affects  cases where a                                                               
person  is  justified.  He  explained  that  current  Alaska  law                                                               
provides that  there is  no duty  to retreat if  a person  who is                                                               
justified in  using deadly force  in self-defense is  on premises                                                               
they own, lease,  reside, or work. If the person  is in any other                                                               
place and  knows he  or she  can retreat  from an  encounter, the                                                               
person  is  legally required  to  do  so.  In an  encounter  that                                                               
requires  a  person to  use  deadly  force in  self-defense,  the                                                               
person must  first consider justification  and then  retreat. The                                                               
only time retreat becomes a  consideration is when the person has                                                               
determined he or she is justified in taking action.                                                                             
                                                                                                                                
AS 11.81.335 and  AS 11.81.330 build on each other  to create the                                                               
legal requirement for justification, and  the bottom line is that                                                               
a person may only use deadly  force in self-defense if the person                                                               
reasonably believes  it is necessary  against an  imminent threat                                                               
of death,  serious physical  injury, kidnapping,  sexual assault,                                                               
and robbery.  To employ self-defense  a person also  must satisfy                                                               
both subjective and objective  standards. The subjective standard                                                               
is that  the person  must actually believe  that deadly  force is                                                               
necessary.  The objective  standard is  that a  reasonable person                                                               
would have  to hold  that belief  under the  circumstances. There                                                               
are also  certain circumstances that specifically  do not justify                                                               
the use of  deadly or nondeadly force. These are  if a person was                                                               
engaged  in  mutual  combat;  if  a  person  provoked  the  other                                                               
person's  conduct;  if  the person  using  self-defense  was  the                                                               
initial aggressor; or if the  person was involved in felonious or                                                               
gang activity.                                                                                                                  
                                                                                                                                
He  recapped that  a person  using deadly  force in  self-defense                                                               
must  have justification  and  must consider  in  a split  second                                                               
whether  to respond  to  an aggressor  with  force. Removing  the                                                               
question  as to  whether  the person  can  retreat with  complete                                                               
safety means one  less thing a potential victim  must consider in                                                               
what may be a life-or-death,  split-second decision. Removing the                                                               
duty to retreat does not change  the fact that a person must have                                                               
justification.                                                                                                                  
                                                                                                                                
MR. JUDY  refuted the  argument that  the bill  promotes violence                                                               
saying  that  a  person  may  only use  deadly  force  when  they                                                               
reasonably  believe  it  is  necessary  to  prevent  an  imminent                                                               
threat.  He  said  he  also   believes  that  the  opposition  is                                                               
mischaracterizing the justification  statute. Under existing law,                                                               
a person  who resists an  aggressor bears  the risk of  a finding                                                               
that  while  the  response was  proportional  to  the  reasonably                                                               
perceived  threat, the  person  overestimated  the difficulty  of                                                               
getting away safely  and is therefore guilty of a  crime. He said                                                               
that removing the retreat provision  shifts some of the risk back                                                               
to the aggressor. Noting that  opponents argue that the bill will                                                               
benefit  dangerous  criminals, he  emphasized  that  the duty  to                                                               
retreat actually  protects persons against whom  defense of force                                                               
would  otherwise  be  justified. He  concluded  that  law-abiding                                                               
citizens  should not  fear criminal  prosecution when  they stand                                                               
their  ground  and  defend  themselves  without  retreating  when                                                               
they're justified and in a place they have a legal right to be.                                                                 
                                                                                                                                
2:29:16 PM                                                                                                                    
CHAIR COGHILL noted that Quinlan  Steiner was available to answer                                                               
questions.  He  highlighted that  the  committee  heard the  bill                                                               
several times  in previous years.  He said he was  satisfied that                                                               
gunplay between  competing groups falls under  justification with                                                               
regard to mutual combat and provocation.                                                                                        
                                                                                                                                
2:30:17 PM                                                                                                                    
SENATOR  DYSON  commented that  it  is  instructive to  read  the                                                               
sections  on  self-defense  in  AS  11.81.340  and  AS  11.81.350                                                               
because they expand on other areas  where the use of deadly force                                                               
is justified.  He offered his belief  that HB 24 does  not affect                                                               
those sections.                                                                                                                 
                                                                                                                                
2:32:12 PM                                                                                                                    
SENATOR WIELECHOWSKI joined the committee.                                                                                      
                                                                                                                                
REPRESENTATIVE  NEUMAN agreed.  He asked  to distribute  a letter                                                               
[dated March  28, 2012] to  the former Judiciary  Committee chair                                                               
from  Attorney   General  Geraghty  who  said,   "The  fact  that                                                               
defendants may  attempt to take advantage  of the law once  it is                                                               
on  the books  should not  dissuade  us from  enacting laws  that                                                               
protect a citizen's right to  legitimate self-defense outside the                                                               
home."                                                                                                                          
                                                                                                                                
CHAIR COGHILL said  he initially didn't intend to  take action on                                                               
the bill  today, but  he hadn't  heard a lot  of other  dialog at                                                               
this point.                                                                                                                     
                                                                                                                                
SENATOR DYSON said  there was a lively debate in  the other body,                                                               
and he had  given the issue a  lot of thought for  the past three                                                               
years so he was comfortable moving the bill along.                                                                              
                                                                                                                                
CHAIR  COGHILL said  he wanted  to make  sure that  the committee                                                               
heard about the debate that took  place on the floor in the other                                                               
body.  He said  he  was satisfied  and was  willing  to accept  a                                                               
motion.                                                                                                                         
                                                                                                                                
2:34:19 PM                                                                                                                    
SENATOR MCGUIRE  moved to report  CS for  HB 24, version  \U from                                                               
committee  with individual  recommendations  and attached  fiscal                                                               
note(s).                                                                                                                        
                                                                                                                                
2:34:33 PM                                                                                                                    
CHAIR COGHILL announced that without objection CSHB 24(JUD)                                                                     
moved from the Senate Judiciary Standing Committee.                                                                             

Document Name Date/Time Subjects
Senate Bill 36 - 1 25 13.pdf SJUD 3/27/2013 1:30:00 PM
SB 36
Senate Bill 36 - Sectional Analysis from Legal Services.pdf SJUD 3/27/2013 1:30:00 PM
SB 36
Senate Bill 36 - Sponsor Substitute.pdf SJUD 3/27/2013 1:30:00 PM
SB 36
Senate Bill 36 - Summary of changes in sponsor substitute.pdf SJUD 3/27/2013 1:30:00 PM
SB 36
Fiscal Note DMVA.pdf SJUD 3/27/2013 1:30:00 PM
SB 36
Fiscal Note AST.pdf SJUD 3/27/2013 1:30:00 PM
SB 36
SCHB 24.pdf SJUD 3/27/2013 1:30:00 PM
HB 24
Section 11 printout.pdf SJUD 3/27/2013 1:30:00 PM
HB 24
Sponsor Statement.pdf SJUD 3/27/2013 1:30:00 PM
HB 24
Fiscal Notes.pdf SJUD 3/27/2013 1:30:00 PM
HB 24
Letter from Alzheimer's Assoc.pdf SJUD 3/27/2013 1:30:00 PM
SB 36