Legislature(1999 - 2000)
03/27/2000 02:18 PM Senate JUD
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SENATE JUDICIARY COMMITTEE
March 27,2000
2:18 p.m.
MEMBERS PRESENT
Senator Robin Taylor, Chairman
Senator Rick Halford, Vice-Chairman
Senator John Torgerson
Senator Johnny Ellis
MEMBERS ABSENT
Senator Dave Donley
COMMITTEE CALENDAR
SENATE BILL NO. 26
"An Act relating to providing false information or reports to a
peace officer."
-MOVED CSSB 26 (JUD) OUT OF COMMITTEE
HOUSE BILL NO. 288
"An Act relating to the creation of an aggravating factor for the
commission of domestic violence in the physical presence of a
child."
-MOVED SCS CSHB 288(JUD)am OUT OF COMMITTEE
SENATE BILL NO. 294
"An Act relating to the possession of concealed handguns and to
concealed handgun permits."
-SCHEDULED BUT NOT HEARD
PREVIOUS SENATE COMMITTEE ACTION
SB 26 - See Judiciary Committee minutes dated 3-8-99.
HB 288 - No previous action to report.
SB 294 - No previous action to report.
WITNESS REGISTER
Mr. Michael Pauley
Staff to Senator Leman
State Capitol Building
Juneau, Alaska 99801
POSITION STATEMENT: Read Sponsor Statement for SB 26
Ms. Denise Henderson
Staff to Representative Kott
State Capitol Building
Juneau, Alaska 99801
POSITION STATEMENT: Testified on HB 288
Mr. Arthur Hansen
1329 McGrath Road
Fairbanks, Alaska 99712
POSITION STATEMENT: Testified on HB 288
ACTION NARRATIVE
TAPE 00-16, SIDE A
Number 001
CHAIRMAN ROBIN TAYLOR called the Judiciary Committee meeting to
order at 2:18 p.m. Present were SENATOR TORGERSON, SENATOR HALFORD
and CHAIRMAN TAYLOR. The first order of business to come before
the committee was SB 26.
SB 26-FALSE INFORMATION/REPORT TO POLICE
MR. MIKE PAULEY, staff to Senator Leman, offered a brief overview
of SB 26, and then discussed the blank committee substitute that
Senator Leman is recommending the Judiciary Committee adopt in lieu
of the original bill. Mr. Pauley read the following statement:
Briefly, SB 26 proposes a new crime of giving false
information to a police officer in the first and second
degrees.
If a person knowingly gives false information about their
identity while under arrest or detention or being served a
warrant for a felony offense, they can be charged with false
information or report in the first degree. That is designated
in the bill as a class C felony.
On the other hand, if a person knowingly provides false
identity information while under arrest or detention or being
served a warrant for a misdemeanor offense, or while being
issued a citation, that person can be charged with false
information or report in the second degree. This is
designated as a class A misdemeanor.
This is the basic summary of the original bill. During last
year's hearing in this committee, several concerns were raised
about this legislation, and we believe we have addressed all
those concerns in the blank CS.
The first concern, raised by the Department of Law, was that
the class C felony designation was disproportionate. It was
noted that resisting or interfering with arrest [AS 11.56.700]
is arguably more serious than lying. Yet resisting or
interfering with arrest is designated as a class A
misdemeanor, and this is the case regardless of whether the
person is being arrested for a felony or a misdemeanor. In
the blank CS, we have changed the bill to follow this model.
The blank CS creates a single crime of providing false
information to a peace officer, and this is a class A
misdemeanor under all circumstances.
A second issue was raised by some committee members and also
a representative of the Alaska State Troopers. The concern
was that the bill was too narrow because the false information
crime kicks in only if the false information is provided while
the person is under arrest or detention, or being served a
warrant or issued a citation. It was pointed out that false
information could be provided to a peace officer while
conducting an investigation, and this would not be covered
under this bill.
The blank CS expands the scope of the bill considerably, and
the new language can be found on the letter "H" draft in your
packets, on page 2, lines 11 through 13. This new language
states that the crime of false information has been committee
if a person, "having committed a crime, knowingly gives false
information to a peace officer with the intent of avoiding
apprehension, prosecution, conviction, or punishment."
The final change included in the CS is an amendment to our
existing statute on hindering prosecution. This can be found
in section 1 of the blank CS, letter "H" draft, page 1, lines
4 through 12.
This statute makes it a crime to render assistance to another
person who has committed a crime, with the intent of hindering
the apprehension, prosecution, conviction, or punishment of
that person.
The definition of rendering assistance to another includes
using deception to obstruct the discovery or apprehension of
that person. Accordingly, if a person lies to a police
officer in an effort to obstruct the apprehension of a
criminal, that is in itself a crime.
However, there is a catch. Under the terms of our existing
law, this would apply only if the person lies to prevent
apprehension of a person who has committed a crime that is
punishable by imprisonment of greater than 90 days. This
effectively means that all class B misdemeanors are not
covered under existing law. Class B misdemeanors include such
offenses as disorderly conduct, harassment, misconduct
involving weapons in the fifth degree, and criminal mischief
in the fourth degree.
While these may not be the most serious offenses on the books,
they do consume a great deal of police time. It does not seem
appropriate for state law to sanction lying to a police
officer under these circumstances. The blank CS removes the
exception for class B misdemeanors, so that the statute
applies to all crimes.
CHAIRMAN TAYLOR asked if Senator Leman had considered making it a
crime to file false information to the legislature.
MR. PAULEY responded that idea had not been considered.
CHAIRMAN TAYLOR moved to adopt CSSB 26 (JUD), version H, dated
3/16/00, as the working document of the committee. There being no
objection, CSSB 26 (JUD) was adopted.
Number 445
SENATOR HALFORD asked about Section 2(4), knowingly makes a false
report to the Department of Natural Resources under AS 46.17
concerning the condition of a dam or reservoir; or, wondering how
this subsection came about.
MR. PAULEY responded that last year Senator Halford had informed
him this section was an ill-advised piece of legislation that had
been adopted by the legislature several years ago.
SENATOR HALFORD moved to delete subsection (4). There being no
objection, subsection (4) was deleted.
SENATOR HALFORD moved CSSB 26 (JUD)am out of committee with
individual recommendations. There being no objection, the motion
carried.
HB 288-CHILDREN WITNESSING DOMESTIC VIOLENCE
MS. DENISE HENDERSON, staff to Representative Kott, started by
saying that HB 288 is an Act relating to the creation of an
aggravating factor for the commission of domestic violence in the
physical presence or hearing of a child. This bill will add a new
section to statute 12.55.155(18).
At the present time, committing domestic violence in the
presence of a child is not included as a determining factor in
the sentencing of the perpetrator. Currently there is nothing
in the Alaska statutes that would allow judges to factor the
egregiousness of the crime into the sentencing. This should
be an aggravating factor in determining sentence for the crime
of domestic violence. This bill will expand the list to
protect the special vulnerability of children. It will become
a major factor in determining the severity of the crime and
the resulting sentence thereof. HB 288 will allow the courts
to consider these factors to mitigate or aggravate the
severity of domestic violence when committed in the presence
of a child. This is valid criteria for the court in rendering
sentence.
Mr. Chairman and fellow committee members, I myself have seen
the long term emotional and psychological damage that violence
in the home causes. While working for the Juvenile Division
of the District Attorney's Office in Albuquerque, New Mexico
there was one underlying factor that always seemed to play a
role in the lives of the children coming through the system
"domestic violence." Since moving to Anchorage, I have been
employed with Abused Women's Aid in Crisis, where once again
I witnessed the devastation that domestic violence has on
public advocacy in Anchorage. This bill would not only bring
awareness to the trauma that children bear in witnessing
domestic violence in the home, but will be instrumental in
breaking this on-going cycle. The public policy that you are
being asked to consider today is: should the commission of
the crime of domestic violence in the presence of a child be
included on this list of factors.
Number 763
CHAIRMAN TAYLOR commented that this bill considers factors that can
mitigate or aggravate the severity of the crime, and speaks to
this offense in AS 11.41 as being a felony--this will not include
"aggravating factor" on a misdemeanor.
MS. HENDERSON agreed, saying it will only be considered in felony
domestic violence cases.
CHAIRMAN TAYLOR noted that AS 11.41 is sexual assault in the first
degree.
Number 811
SENATOR ELLIS asked why this bill only applies to felony domestic
violence.
MS. HENDERSON responded that a lot of misdemeanor cases are not
reported, and most of the emphasis in the court system is on felony
cases.
SENATOR ELLIS commented that even misdemeanor cases have a negative
impact on children.
MS. HENDERSON agreed.
SENATOR ELLIS asked Ms. Henderson if she thought Representative
Kott would accept the inclusion of misdemeanor cases.
MS. HENDERSON responded yes.
Number 905
SENATOR HALFORD indicated that the definition in the Alaska statute
of "household members" is very broad. Included in the definition
are adults or minors who are current or former spouses--that could
be 20 years ago, adults or minors who live together or who have
lived together--at any time, engaged in a sexual relationship--at
any time, formerly related by marriage--at any time. Senator
Halford feels there should be a limitation on the definition of
household member. He did not realize that a special class of
criminal, people who may not have seen each other for 20 years, was
being set up.
Number 1035
CHAIRMAN TAYLOR made the comment to Ms. Henderson that the
committee is concerned with the definition of household, and that
there is no statute of limitation for the crime.
MS. HENDERSON explained that when the bill was originally drafted,
the interpretation was of a standard perception of household.
Sometimes it is a good thing that the laws are written in an open
and broad way, and sometimes not. Anyone at anytime, when there is
domestic violence, should be held accountable and hopefully the
court will look at this as an aggravating factor.
Number 1210
SENATOR HALFORD said he does not disagree, but there is no way to
amend the bill with this title. The bill talks about one mitigator
in the broad category of domestic violence--he was not aware that
the statute was so broad.
SENATOR HALFORD moved to strike the last phrase on page 1, starting
with "a household member" and inserting "within the household."
There being no objection, the motion carried. The new language
will read:
(C) specified in AS 11.41 that is a crime involving domestic
violence and was committed in the physical presence or hearing
of a child under 16 years of age who was, at the time of the
offense within the household.
SENATOR HALFORD moved SCS CSHB 288(JUD)am from committee with
individual recommendations. There being no objection, the motion
carried.
CHAIRMAN TAYLOR apologized to Mr. Arthur Hansen for overlooking the
fact that he was waiting to testify via teleconference.
Number 1482
MR. ARTHUR HANSEN, a dentist in Fairbanks, commented that it is
part of the dental code of ethics that dentist's look for child
abuse in their offices. Mr. Hansen is involved with Prevent Abuse
And Neglect Through Dental Awareness (PANDA). He and a police
office in Anchorage helped instigate this bill.
With no further business to come before the committee, CHAIRMAN
TAYLOR adjourned the meeting at 2:35 p.m.
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