Legislature(2007 - 2008)BELTZ 211
03/13/2008 09:00 AM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB284 | |
| SB153 | |
| HB296 | |
| HB286 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 153 | TELECONFERENCED | |
| + | HB 296 | TELECONFERENCED | |
| + | HB 286 | TELECONFERENCED | |
| + | HB 88 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| = | HB 284 | ||
HB 286-IMPERSONATING A PUBLIC SERVANT
CHAIR MCGUIRE announced the consideration of HB 286.
JENNIFER BAXTER, Staff to Representative Nancy Dahlstrom,
Sponsor of HB 286, said the bill will increase the penalty for
impersonating a peace officer to a Class C felony. It is now a
misdemeanor. People lure unsuspecting victims by pretending to
be someone they are not, and there should be a stronger
punishment. There is growing concern for community safety, and
HB 286 provides another tool for law enforcement. It also serves
as a deterrent. It doesn't make impersonating a public servant a
Class C felony, but "what we are doing is adding an additional
section here that would separate impersonating a public servant
from impersonating a peace officer." It is for impersonating a
state trooper or police officer.
CHAIR MCGUIRE asked where that is defined.
MS. BAXTER said line 4, page 1. "So we added a classification."
First degree would be a Class C felony; second degree would
remain a Class B misdemeanor.
CHAIR MCGUIRE asked how "public servant" is defined. It is in
AS11.81.900 b 54, as follows: whether compensated or not, but
does not include jurors or witnesses, it's an officer, employee
of the state, municipality, or other political subdivision of
the state, or a governmental instrumentality of the state,
including lawmakers, members of the judiciary, and peace
officers. A person acting as an advisor, consultant, or
assistant at the request of, the discretion of, or under
contract with the state… "This is pretty expansive actually."
10:23:01 AM
MS. BAXTER said that is correct.
CHAIR MCGUIRE said, "So it is a lawmaker."
MS. BAXTER said under current law, impersonating a public
servant in the second degree is a Class B misdemeanor.
SENATOR FRENCH said there is only one crime on the books:
impersonating a public servant, which is a Class B misdemeanor.
MS. BAXTER said that is correct. "I believe what we are doing is
separating or adding this new classification that it is a public
servant, but we are saying impersonating a public servant in the
first degree would be impersonating -- by pretending to be a
peace officer -- and the definition of a peace officer, I
believe, is anyone … such as a state trooper; policeman; VPSOs,
I believe, are included as well."
10:24:15 AM
SENATOR FRENCH asked if it includes firefighters.
MS. BAXTER said not in the statute that she found.
CHAIR MCGUIRE referred to a legal memo dated February 11. It
looks like public servant is defined that way: 54 A through D.
It that your understanding?
MS. BAXTER said yes.
CHAIR MCGUIRE said it is pretty expansive. It includes
legislators, judiciary, peace officers, and so on. Is that your
understanding?
MS. BAXTER said that is her understanding.
SENATOR BUNDE said, "Why not just say peace officer? Why are we
concerned about somebody impersonating a legislator?"
10:25:57 AM
MS. BAXTER said under current law, impersonating a public
servant is a Class B misdemeanor. "Now it is another
classification that if you're impersonating someone in the first
degree, they separated it here on line 5 and 6. A person commits
the crime of impersonating a public servant in the first degree
if the person violates Alaska statute 11.56.830 by pretending to
be a peace officer, and impersonating a public servant in the
first degree is a Class C felony."
SENATOR BUNDE asked if a peace officer is the expanded penalty.
MS. BAXTER said, "That's the addition."
CHAIR MCGUIRE said it is odd that the law is on the books.
10:27:23 AM
ROB COX, President, Public Safety Employees Association, Juneau,
spoke in favor of HB 286. Impersonating a public servant,
including a peace officer, is such a low class of crime that it
rarely gets prosecuted at a B misdemeanor level. Unless it is
committed in the presence of a peace officer, it is not an
arrestable offense, unless a citizen affects that arrest, which
seldom happens. There is a great potential for loss of public
trust when people impersonate peace officers. He knows of no
tragic outcomes in Alaska, but there have been some in other
states. "You don't know what the intent of the person pretending
to be a police officer is until there is some tragedy or not."
It is too late once it happens. He knows of three incidents of
apprehending someone impersonating a peace officer. A citizen's
report stated that someone was attempting to pull people over in
a car equipped like a police officer. Unfortunately, since it
was not committed in the presence of an officer he could not be
arrested nor his car impounded. The man was DUI, so he was
arrested. He had been charged before with the same offense, so
obviously the misdemeanor was not a deterrent. The Public Safety
Employees Association and the troopers and police officers it
represents are very much in support of HB 286.
10:30:41 AM
SENATOR STEVENS asked about Halloween costumes.
MR. COX said there are three levels of filtering before someone
is prosecuted, and the first is the officer's discretion. There
needs to be a complaint. If charges are forwarded the district
attorney would see if it is prosecutable. If so, there would be
the due process of a court. "It would really be difficult to
prosecute somebody on something like that."
10:32:07 AM
MS. BAXTER said the legal opinion states that the person would
also have to engage in some activity impersonating an officer.
CHAIR MCGUIRE said she recalls a series of incidents of a man
impersonating a police officer in Anchorage and assaulting
women. It is very serious because of people's respect for law
enforcement. She asked if the committee had any concerns.
SENATOR FRENCH noted that the bill goes on to the judiciary
committee. He has an issue with the level of the crime. If the
uniform is used to commit a heinous crime, that crime is
punishable by a lengthy prison sentence. There are times when
that person can be stopped by arresting them for having a
uniform -- but they still have to do the act. "You're still left
with that one act they have to commit." Under what circumstances
is it appropriate to put a felony on someone when the only thing
they have done is act like a cop? An A misdemeanor can be a year
in jail, and that is a long time. "I'm concerned about going all
the way up to a C felony - skipping over the misdemeanor." There
was a bill yesterday about burning cars, and a fire marshal said
it happened 60 times in one area every year. This is a serious
issue, but he has a concern about the level of the crime.
10:35:31 AM
SENATOR STEVENS moved to report HB 286 from committee with
individual recommendations and attached fiscal note(s). There
being no objection, HB 286 passed out of committee.
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