Legislature(2021 - 2022)BUTROVICH 205
05/06/2021 03:30 PM Senate STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| SB108 | |
| SB109 | |
| SB82 | |
| SB1 | |
| SB4 | |
| SB115 | |
| SB83 | |
| HB3 | |
| SJR12 | |
| SB91 | |
| SB117 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 3 | TELECONFERENCED | |
| += | SB 83 | TELECONFERENCED | |
| + | SB 82 | TELECONFERENCED | |
| *+ | SB 115 | TELECONFERENCED | |
| *+ | SB 1 | TELECONFERENCED | |
| *+ | SB 4 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 108 | TELECONFERENCED | |
| += | SB 109 | TELECONFERENCED | |
| += | SJR 12 | TELECONFERENCED | |
| += | SB 91 | TELECONFERENCED | |
| += | SB 117 | TELECONFERENCED | |
SB 1-CHOKEHOLD BAN
4:40:05 PM
CHAIR SHOWER announced the consideration of SENATE BILL NO. 1
"An Act prohibiting the use of chokeholds by peace officers; and
relating to justification of use of force by peace officers."
4:40:23 PM
SENATOR GRAY-JACKSON, Alaska State Legislature, Juneau, Alaska,
sponsor of SB 1, stated that the recent civilian casualties by
law enforcement has created real momentum to address a
longstanding injustice. She related that her office has been
working with Senator Begich's office to craft a series of bills
to reduce police violence. She has talked to stakeholders
throughout the process to ensure the proposals in SB 1 are
fitting for Alaska.
SENATOR GRAY-JACKSON reported that she engaged the Anchorage
Police Department, Anchorage Police Employees Association,
Public Safety Employees Association, and the National
Organization of Black Law Enforcement Executives (NOBLE) during
this process. Because of this proactive approach, she is
confident in moving forward to implement public safety policy
changes that will benefit both citizens and law enforcement
officers.
4:43:10 PM
SENATOR GRAY-JACKSON read the following sponsor statement for SB
1:
Police use numerous restraints to restrain and limit
the movement and overall activity of someone who poses
a danger to themselves or to others (including the
police officer). One of the most common restraints are
carotid and tracheal chokes. Both restraints impede
breathing and circulation of blood. If these
restraints are used incorrectly, death through
asphyxiation may occur. Throughout the United States,
there are cases of the misuse of chokeholds. Senate
Bill (SB) 1 would assist in reducing the rate of
chokeholds used incorrectly. SB1 would further seek to
improve police community relationships by addressing a
longstanding issue around use of force.
4:43:59 PM
BESSE ODOM, Staff, Senator Elvi Gray-Jackson, Alaska State
Legislature, Juneau, Alaska, read the following sectional
analysis for SB 1:
Section 1. This section amends AS 11.81.370, the statute
regarding use of force by a peace officer in making an
arrest or terminating an escape by adding a new subsection
that would prohibit the use of potentially lethal
restraints.
SENATOR REINBOLD offered her understanding that the Anchorage
Police Department (APD) already had this prohibition and asked
what particular Alaska peace officer group was being targeted.
SENATOR GRAY-JACKSON agreed that APD prohibits choke holds and
said she brought this forward because the policy is not in state
statute. Therefore, a different APD police chief could decide to
change the current policy. The bill would apply to peace
officers throughout the state.
CHAIR SHOWER turned to invited testimony.
4:46:39 PM
PETER MLYNARIK, Board Member, Alaska Association of Chiefs of
Police (AACP), Soldotna, Alaska, stated that he has been in law
enforcement for 31 years, the last 9 of which have been as chief
of police in Soldotna. He said AACP agrees that without proper
training, the use of choke holds and carotid restraints can
cause serious injury or death. It is not uncommon for
departments to prohibit these types of force. AACP also believes
that police agencies in Alaska have good policies regarding use
of force and it is therefore unnecessary to mandate compliance
in statute. He offered his professional opinion that the proper
use of carotid restraints may prevent further injury. Whether or
not this type of restraint is used should be made by the
department. He said his experience is with the Alaska State
Troopers and the Soldotna Police Department, but he understands
that it is uncommon in Alaska to use a chokehold carotid
restraint when dealing with an individual.
SENATOR REINBOLD expressed appreciation for the input from the
frontline. She commented on being a minority voice and offered
her view that everyone should be heard.
4:50:14 PM
MARK PEARSON, President, Alaska Peace Officers Association
(APOA0, Soldotna, Alaska, stated that he has been active in law
enforcement for the last 18 years and the APOA organization has
been active in representing law enforcement for 75 years. He
advised that when APOA had its annual meeting to discuss
relevant legislation with AACOP, PSEA and APDA, they voted
unanimously to oppose SB 1, SB 2, SB 3, SB 4, and SB 46. The
reason for the opposition was the collective belief that
policing regulation and certification should remain with the
Alaska Police Standards Council and within individual
departments. He said Alaska has unique challenges due to
geography and limited backup and its peace officers do not
respond in ways that might escalate the situation. He offered
that his experience in remote locations is that somebody you
arrest one day might be your backup another day, so everybody is
treated with respect.
MR. PEARSON challenged the information on BASIS indicating that
APOA supports SB 1 and other policing bills because they sent
letters of opposition for SB 1, SB 2, SB 3, SB 4, and SB 46. He
said that as the current president of APOA he speaks for law
enforcement throughout the state. He stressed that SB 1 would
place officers at risk and would negatively affect recruitment
and retention.
SENATOR REINBOLD asked if the Alaska Police Standards Council
(APSC) had a position.
MR. PEARSON recalled that in a previous hearing APSC said these
issues are already addressed in statute, but they did not take a
specific position.
CHAIR SHOWER said he was welcome to send his written testimony
to ssta@akleg.gov.
4:56:46 PM
SENATOR GRAY-JACKSON clarified that she never said that APOC was
part of the process when she was working on the bill.
4:57:13 PM
MS. ODOM confirmed that the sponsor's office did receive the
letters of opposition from APOC. She emphasized that contrary to
what the APOC letter stated, SB 1 does not take away
decertification authority from the Alaska Police Standards
Council. She added that the bill provides individual departments
and agencies as to when it is safe to use these methods. She
directed attention to the language on line 8 that read as
follow: "...force is authorized by law and the policy of the
entity that employs the officer."
SENATOR GRAY-JACKSON added that her office worked diligently
with the chair of the Alaska Police Standards Council.
4:59:16 PM
CHAIR SHOWER opened public testimony on SB 1.
4:59:33 PM
KATIE BOTZ, representing self, Juneau, Alaska, thanked the
sponsor for SB 1 and SB 4 and asked the committee to pass both
bills. She stated support for the police and related a concern
she had heard that police officers in Juneau do not have the
proper training to use choke holds.
5:01:21 PM
MORGAN LIM, Planned Parenthood Alliance Advocate (PPAA), Juneau,
Alaska, on behalf of PPAA, stated support SB 1 and SB 4 and
urged the committee to move both bills forward. He said PPAA
stands with Black, indigenous, and people of color communities
as they seek to create communities where they feel safe. This
involves transforming law enforcement. He said SB 1 is a first
step towards reducing police use of force, including deadly
force. He mentioned that SB 4 would prohibit police from
discharging a firearm at a moving vehicle. He cited data that
identifies Alaska as the second highest rate of police killings
in the country and the second highest rate of police violence
against Black and indigenous people. [His testimony was
terminated due to time constraints.]
5:03:06 PM
CEYLON MICHELL, representing self, Anchorage, Alaska, stated
that as a retired sergeant with the Department of Corrections,
he was testifying against SB 1 and SB 4. He said he has 45 years
in law enforcement/corrections, and he has not found a more
professional and well-trained group of officers than those that
he worked with in Alaska. They take pride in serving the people
of Alaska and they put their lives on the line for Alaskans
every day. He emphasized that officers go to work each day to do
their job to protect citizens and they also want to go home
safely to their families.
5:04:29 PM
DANIEL POTTER, representing self, Mat-Su Valley, Alaska, stated
that he has been in law enforcement in Alaska for about seven
years and has never seen a chokehold used. He shared that he had
experienced choke holds numerous times while in the Army and he
is "fine." He offered his belief that there was a lot of fear
mongering associated with this method of restraint and that law
enforcement was being over legislated. He stated opposition to
both SB 1 and SB 4.
5:05:36 PM
RON VIGIL, Anchorage Chapter President, Alaska Peace Officers
Association, Anchorage, Alaska, stated opposition to SB 1, SB 4,
and SB 46. He related that in his 24 years in law enforcement he
has worked for departments that allow and departments that do
not allow lateral vascular neck restraints. He knows the APSC
sets the standards for the training that is required and to over
legislate to Lower 48 standards is not appropriate for Alaska
communities. He asked the committee not to pass the bills.
5:07:18 PM
CHAIR SHOWER recessed the meeting to a call of the chair.
5:36:30 PM
CHAIR SHOWER reconvened the meeting. A roll call showed the
presence of SENATOR COSTELLO in capitol room 118 and SENATOR
HOLLAND in capitol room 113 and CHAIR SHOWER in the committee
room.
5:37:26 PM
CHAIR SHOWER closed public testimony on SB 1 and held the bill
in committee.