03/27/2013 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SJR9 | |
| SB36 | |
| HB24 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 72 | TELECONFERENCED | |
| + | SB 36 | TELECONFERENCED | |
| += | HJR 4 | TELECONFERENCED | |
| + | HB 24 | TELECONFERENCED | |
| = | SJR 9 | ||
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
March 27, 2013
1:33 p.m.
MEMBERS PRESENT
Senator John Coghill, Chair
Senator Lesil McGuire, Vice Chair
Senator Fred Dyson
Senator Donald Olson
Senator Bill Wielechowski
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE JOINT RESOLUTION NO. 9
Proposing amendments to the Constitution of the State of Alaska
relating to state aid for education.
- MOVED SJR 9 OUT OF COMMITTEE
SENATE BILL NO. 36
"An Act relating to missing vulnerable adult prompt response and
notification plans."
- HEARD AND HELD
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 24(JUD)
"An Act relating to self-defense in any place where a person has
a right to be."
- MOVED CSHB 24(JUD) OUT OF COMMITTEE
SENATE BILL NO. 72
"An Act clarifying that the Alaska Bar Association is an agency
for purposes of investigations by the ombudsman; relating to
compensation of the ombudsman and to employment of staff by the
ombudsman under personal service contracts; providing that
certain records of communications between the ombudsman and an
agency are not public records; relating to disclosure by an
agency to the ombudsman of communications subject to attorney-
client and attorney work-product privileges; relating to
informal and formal reports of opinions and recommendations
issued by the ombudsman; relating to the privilege of the
ombudsman not to testify and creating a privilege under which
the ombudsman is not required to disclose certain documents;
relating to procedures for procurement by the ombudsman;
relating to the definition of 'agency' for purposes of the
Ombudsman Act and providing jurisdiction of the ombudsman over
persons providing certain services to the state by contract; and
amending Rules 501 and 503, Alaska Rules of Evidence."
- SCHEDULED BUT NOT HEARD
CS FOR HOUSE JOINT RESOLUTION NO. 4(JUD)
Urging the President of the United States to rescind 23
executive orders, executive actions, and executive
recommendations, related to regulation of firearms; and urging
the United States Congress to refrain from passing legislation
that restricts the right of individuals to keep and bear arms.
- SCHEDULED BUT NOT HEARD
PREVIOUS COMMITTEE ACTION
BILL: SJR 9
SHORT TITLE: CONST. AM: EDUCATION FUNDING
SPONSOR(s): SENATOR(s) DUNLEAVY
02/13/13 (S) READ THE FIRST TIME - REFERRALS
02/13/13 (S) EDC, JUD
02/15/13 (S) EDC REFERRAL REMOVED
02/15/13 (S) FIN REFERRAL ADDED AFTER JUD
02/15/13 (S) UPHOLD CHANGE TO REFERRALS Y11 N4 E4 A1
03/13/13 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/13/13 (S) Scheduled But Not Heard
03/15/13 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/15/13 (S) Heard & Held
03/15/13 (S) MINUTE(JUD)
03/18/13 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/18/13 (S) Heard & Held
03/18/13 (S) MINUTE(JUD)
03/20/13 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/20/13 (S) -- Public Testimony < Time Limit May Be
Set> --
03/22/13 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/22/13 (S) Heard & Held
03/22/13 (S) MINUTE(JUD)
03/25/13 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/25/13 (S) Heard & Held
03/25/13 (S) MINUTE(JUD)
03/27/13 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SB 36
SHORT TITLE: MISSING VULNERABLE ADULT RESPONSE PLAN
SPONSOR(s): SENATOR(s) ELLIS
01/25/13 (S) READ THE FIRST TIME - REFERRALS
01/25/13 (S) STA, JUD
02/08/13 (S) SPONSOR SUBSTITUTE INTRODUCED-REFERRALS
02/08/13 (S) STA, JUD
02/21/13 (S) STA RPT 3DP
02/21/13 (S) DP: DYSON, WIELECHOWSKI, STEDMAN
02/21/13 (S) STA AT 9:00 AM BUTROVICH 205
02/21/13 (S) Moved SSSB 36 Out of Committee
02/21/13 (S) MINUTE(STA)
03/27/13 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
BILL: HB 24
SHORT TITLE: SELF DEFENSE
SPONSOR(s): REPRESENTATIVE(s) NEUMAN, ISAACSON, LYNN, FEIGE
01/16/13 (H) PREFILE RELEASED 1/7/13
01/16/13 (H) READ THE FIRST TIME - REFERRALS
01/16/13 (H) JUD, FIN
02/06/13 (H) JUD AT 1:00 PM CAPITOL 120
02/06/13 (H) Heard & Held
02/06/13 (H) MINUTE(JUD)
02/08/13 (H) JUD AT 1:00 PM CAPITOL 120
02/08/13 (H) Moved CSHB 24(JUD) Out of Committee
02/08/13 (H) MINUTE(JUD)
02/11/13 (H) JUD RPT CS(JUD) 7DP
02/11/13 (H) DP: MILLETT, GRUENBERG, PRUITT, LYNN,
FOSTER, LEDOUX, KELLER
02/21/13 (H) FIN AT 1:30 PM HOUSE FINANCE 519
02/21/13 (H) Heard & Held
02/21/13 (H) MINUTE(FIN)
02/25/13 (H) FIN AT 1:30 PM HOUSE FINANCE 519
02/25/13 (H) Heard & Held
02/25/13 (H) MINUTE(FIN)
02/25/13 (H) FIN AT 6:30 PM HOUSE FINANCE 519
02/25/13 (H) Heard & Held
02/25/13 (H) MINUTE(FIN)
02/28/13 (H) FIN AT 1:30 PM HOUSE FINANCE 519
02/28/13 (H) Moved CSHB 24(JUD) Out of Committee
02/28/13 (H) MINUTE(FIN)
03/01/13 (H) FIN RPT CS(JUD) 5DP 5NR
03/01/13 (H) DP: T.WILSON, NEUMAN, COSTELLO,
THOMPSON, STOLTZE
03/01/13 (H) NR: HOLMES, MUNOZ, GARA, KAWASAKI,
AUSTERMAN
03/22/13 (H) TRANSMITTED TO (S)
03/22/13 (H) VERSION: CSHB 24(JUD)
03/25/13 (S) READ THE FIRST TIME - REFERRALS
03/25/13 (S) JUD, FIN
03/27/13 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
SENATOR MIKE DUNLEAVY
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Sponsor of SJR 9.
SENATOR JOHNNY ELLIS
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Sponsor of SB 36.
NATHAN ZENCEY, Staff
Senator Johnny Ellis
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Provided information on SB 36 on behalf of
the sponsor.
DENISE DANIELLO, Executive Director
Alaska Commission on Aging
Department of Health and Social Services (DHSS)
POSITION STATEMENT: Testified in support of SB 36.
RODNEY DIAL, Lieutenant
Alaska State Troopers
Department of Public Safety (DPS)
Ketchikan, AK
POSITION STATEMENT: Testified that DPS supports the changes made
to SB 36.
MARIE DARLIN, AARP of Alaska
Juneau, AK
POSITION STATEMENT: Testified in support of SB 36.
MICHAEL VANVLEET, Social Work Intern
Warrior Transition Unit
Soldier and Family Assistance
Anchorage, AK
POSITION STATEMENT: Testified in support of SB 36.
REPRESENTATIVE MARK NEUMAN
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Sponsor of HB 24.
REX SHATTUCK
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Provided information related to HB 24.
BRIAN JUDY, Alaska State Liaison
National Rifle Association
Sacramento, CA
POSITION STATEMENT: Testified in support of HB 24.
ACTION NARRATIVE
1:33:35 PM
CHAIR JOHN COGHILL called the Senate Judiciary Standing
Committee meeting to order at 1:33 p.m. Present at the call to
order were Senators Dyson, Olson, McGuire, and Chair Coghill.
Senator Wielechowski arrived during the course of the meeting.
He stated that the committee would not hear either SB 72 or HJR
4 today, and that he was still looking for an attorney general
opinion on HB 69.
SJR 9-CONST. AM: EDUCATION FUNDING
1:35:02 PM
CHAIR COGHILL announced the consideration of SJR 9, "Proposing
amendments to the Constitution of the State of Alaska relating
to state aid for education." He stated his intention to take
action on the legislation, and recapped that there was
considerable discussion and public testimony that he allowed to
wander into the educational realm. He asked the sponsor if he
had any closing remarks.
1:35:12 PM
SENATOR MIKE DUNLEAVY, sponsor of SJR 9, reviewed the hearings
that included testimony from both sides of the issue. He noted
that the committee saw a poll done by the House that indicates
that Alaskans want the opportunity to vote on how their
constitution should treat educational funding. He acknowledged
that the issue of vouchers has clouded the issue, and related
that he introduced a bill that addresses vouchers through tax
credits.
1:37:28 PM
SENATOR DYSON offered his understanding is that courts in states
that have identical constitutional language have found that it
is constitutional for public money to follow the student to the
school of their choice.
SENATOR DUNLEAVY said that some would say that Florida voted no
and that courts in Indiana and Colorado found in favor of the
concept of using public monies for vouchers to follow the
student to private or sectarian schools.
SENATOR DYSON summarized that courts found in other states with
constitutional language that is similar or more restrictive than
Alaska's, have found that it is legitimate for public money to
follow the student. The problem in Alaska is a court said that
public money could not be used for private or sectarian schools.
Thus, the only choices are to bring another case or clarify the
language in the constitution. The latter provides the
flexibility to do things that he and probably the sponsor think
should be legitimate already.
SENATOR DUNLEAVY agreed.
1:39:51 PM
SENATOR MCGUIRE opined that the committee answered the judicial
questions and none of the members or the sponsor wants to see
Alaska's public school system fail.
SENATOR MCGUIRE moved to report SJR 9 from committee with
individual recommendations and attached fiscal note(s).
CHAIR COGHILL found no objection and announced that SJR 9 moved
from the Senate Judiciary Standing Committee.
1:40:50 PM
At ease
SB 36-MISSING VULNERABLE ADULT RESPONSE PLAN
1:42:07 PM
CHAIR COGHILL announced the consideration of SB 36. [SSSB 36 was
before the committee.]
1:42:26 PM
SENATOR JOHNNY ELLIS, sponsor of SB 36, thanked the committee
for hearing the bill and Senator Dyson for joining him as a co-
sponsor. He noted that a similar version of the bill passed the
Senate last year 20 to zero. He said the bill has a zero fiscal
note and the only criticism is why hasn't this already been
done. Alaska has a growing senior population and is one of the
last states to take action in this regard. He continued the
introduction paraphrasing the following sponsor statement:
This bill would ensure that the Department of Military
and Veterans Affairs works together with the
Department of Public Safety to develop plans for state
and local law enforcement to quickly notify the media,
the public, and other law enforcement agencies when a
vulnerable adult goes missing. A Silver Alert program
here in Alaska, we believe, would establish clear and
consistent lines of communication and develop
efficient procedures for citizens, law enforcement,
and media outlets to follow in this situation.
We believe the preparation in this bill will ensure we
maintain an efficient system for activating rapid
searches and media alerts for a senior citizen with
Alzheimer's disease or dementia, or an adult with
mental disabilities when they are missing, even when
law enforcement agencies may be burdened by high
response demands in other areas or if they may lose
experienced officers to retirement or turnover.
Thirty-eight other states have established Silver
Alerts or even more extensive missing persons response
programs. Despite this, Alaska has still not taken the
opportunity to design a dedicated response and
notification program for our senior citizens and
disabled adults when they go missing. We believe that
due to the rapidly growing senior population here, it
is imperative that we establish this program to allow
our seniors and disabled adults to continue to live
and retire here, which they are increasingly choosing
to do alongside their families and children.
We have seen what this program can do in other states.
Just this past August, the Mississippi Highway Patrol,
which operates the Silver Alert in Mississippi,
praises their Silver Alert program for helping them
save just three lives in a month.
SENATOR ELLIS stated that an Alaska Silver Alert program would
pose no additional cost to the state, but would be invaluable
for reducing response times when adults with dementias or other
cognitive disabilities go missing. He relayed that both the
Alaska Broadcasters Association and public safety agencies have
given input. The expectation is that this program will be a
boost to law enforcement and that all media outlets will be
happy to broadcast a missing vulnerable adult report that has
been thoroughly but promptly vetted by law enforcement.
Broadcasters emphasized the importance of proper vetting and
that concept went into the drafting of the bill.
SENATOR ELLIS said that when a vulnerable adult goes missing,
their best chance of being found alive is to be located within
24-48 hours. He noted that these searches can cost federal
taxpayers up to $1,500 per hour. He offered to answer questions
about the differences between the previous version and the
proposed committee substitute (CS).
1:47:05 PM
CHAIR COGHILL asked for a motion to adopt the proposed committee
substitute.
1:47:15 PM
SENATOR MCGUIRE moved to adopt the work draft CS for SSSB 36,
labeled 28-LS0338\C, for discussion purposes.
CHAIR COGHILL found no objection and announced that version C
was before the committee. He asked if the differences related to
definitions.
SENATOR ELLIS said yes. He explained that the legislature voted
to expand the definition of "vulnerable adult" in the governor's
anti-trafficking bill last year, but law enforcement expressed
concern with that expanded definition in the context of this
legislation. He suggested his staff give a brief explanation.
1:48:14 PM
NATHAN ZENCEY, Staff to Senator Johnny Ellis, sponsor of SB 36,
explained that public safety wanted to return to the more
limited definition of "vulnerable adult" solely for the purposes
of this legislation. He read the following definition in the
proposed AS 44.41.060(2)(d):
In this section, "vulnerable adult" means a person 18
years of age or older who, because of physical or
mental impairment, is unable to meet the person's own
needs or to seek help without assistance.
Public safety expressed a preference for this definition to
avoid the potential for both misuse and over use. The sponsor
and advocates support this change.
CHAIR COGHILL recalled the discussion about the overly broad
definition and that it could limit the effectiveness of the
silver alerts.
1:49:57 PM
SENATOR MCGUIRE asked if any thought was given to saying
"vulnerable senior."
MR. ZENCEY said that while that designation would account for a
large proportion of the alerts, advocates and the sponsor feel
it is important to include people with cognitive disabilities in
the category of vulnerable adults.
SENATOR ELLIS added that he agrees with the previous committee
that thought that people with PTSD should be considered
vulnerable adults.
1:50:58 PM
SENATOR DYSON asked if other states with similar programs use
electronic tracking devices.
MR. ZENCEY offered to follow up with the information.
SENATOR DYSON said that wasn't necessary and noted that audience
members were nodding.
SENATOR MCGUIRE asked who is covered by the definition and if
public safety believes that covering that number of people will
be manageable.
SENATOR ELLIS explained that the legislation covers seniors with
Alzheimer's and other dementias, adults with cognitive
impairments, and adults with post-traumatic stress disorder
(PTSD). The bill seeks to comport with the desires of the
broadcasters and not have a program that overloads the system
and places too many demands on law enforcement. Referencing
Senator Dyson's question, he explained that the bill takes a
system approach for emergency alerts rather than individual
tracking.
1:56:16 PM
DENISE DANIELLO, Executive Director, Alaska Commission on Aging,
Department of Health and Social Services (DHSS), testified in
support of SB 36. She explained that the commission is charged
by statute to provide services for seniors, educate Alaskans
about senior issues, and provide recommendations to the governor
and legislature regarding regulations, legislation and
appropriations for programs serving senior Alaskans. She said
that wandering is a common symptom for people with dementias and
it's not uncommon for these people to become lost and
disoriented. According to statistics from the national
Alzheimer's Association, about 60 percent of people with
Alzheimer's disease may suffer from wandering during the course
of the disease. In Alaska, this can have life or death
consequences.
MS DANIELLO provided some statistics. About 6,140 Alaskans age
65 and older have some type of dementia, and that population
will likely triple over the next 20 years. About 1 in 9 older
Alaskans may have dementia, and about 1 in 2 people age 85 and
older may have Alzheimer's disease. According to the 2013
Alzheimer's disease report, about 1 in 3 elders will die with
symptoms of dementia. She reported that the commission conducted
seven forums statewide and found a top concern was the need to
improve public safety for people with dementias through a silver
alert or community response system.
MS. DANIELLO concluded that the commission supports SB 36
because it will promote greater awareness and provide effective
tools to help find people with dementias.
2:00:12 PM
CHAIR COGHILL asked how people communicate now if somebody with
dementia is missing.
MS. DANIELLO offered her understanding that there isn't a formal
plan to respond to people who are missing.
2:01:24 PM
RODNEY DIAL, Lieutenant, Alaska State Troopers, Department of
Public Safety (DPS), Ketchikan, AK, reported that DPS supports
the changes made to SB 36 and believes it is manageable. The
number of people it covers would not be so great as to
discourage media participation or desensitize the public to the
alerts. He explained that the department currently maintains
emergency and media contact lists and plans at all Trooper posts
that can be used in all missing person cases. He opined that the
legislation could be of benefit to municipalities or smaller
departments that don't have a plan in place.
2:02:39 PM
MARIE DARLIN, AARP of Alaska, testified in support of SB 36.
She noted that the AARP state office submitted written testimony
that included examples of what happens without a system for
locating missing persons. She said that the best solution now
for locating somebody who is missing is to alert the neighbors.
The Amber Alert for locating missing children has worked and a
similar system should work for locating vulnerable adults who
are missing, she said.
2:04:57 PM
MICHAEL VANVLEET, Social Work Intern, Warrior Transition Unit,
Soldier and Family Assistance, testified in support of SB 36. He
informed the committee that he was a student at UAA and had
served in the Marine Corps. He opined that the individuals in
the Warrior Transition Unit and active duty military with
traumatic brain injury would benefit from this legislation. He
related that many members of the military between the ages of 18
and 24 have severe cognitive impairment and sometimes wander and
don't know where they are because of their injuries.
2:08:05 PM
CHAIR COGHILL announced his intention to hold SB 36 in committee
and take action on Friday.
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.
2:34:43 PM
There being no further business to come before the committee,
Chair Coghill adjourned the Senate Judiciary Standing Committee
meeting at 2:34 p.m.
| 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 |