00 CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 33(JUD) 01 "An Act relating to arrests." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 12.25 is amended by adding a new section to read: 04 Sec. 12.25.025. Grounds for arrest by private person. A private person may 05 arrest a person without a warrant for a crime committed in this state or attempted in 06 this state in the presence of the person making the arrest. A private person may not 07 arrest a person for a crime not committed or attempted in the presence of the person 08 making the arrest. 09 * Sec. 2. AS 12.25.030(a) is amended to read: 10 (a) A [PRIVATE PERSON OR A] peace officer [WITHOUT A WARRANT] 11 may arrest a person without a warrant 12 (1) for a crime committed or attempted in the presence of the officer 13 [PERSON] making the arrest; 14 (2) when the person has committed a felony, although not in the 01 presence of the officer [PERSON] making the arrest; 02 (3) when a felony has in fact been committed, and the officer 03 [PERSON] making the arrest has reasonable cause for believing the person to have 04 committed it ; 05 (4) when the officer has probable cause to believe the person has, 06 either in or outside the presence of the officer, 07 (A) committed a crime involving domestic violence, whether 08 the crime is a felony or a misdemeanor; in this subparagraph, "crime 09 involving domestic violence" has the meaning given in AS 18.66.990; 10 (B) committed the crime of violating a protective order in 11 violation of AS 11.56.740; or 12 (C) violated a condition of release imposed under 13 AS 12.30.025 or 12.30.027; 14 (5) when the peace officer has reasonable cause for believing that 15 the person has 16 (A) committed a crime under or violated conditions imposed 17 as part of the person's release before trial on misdemeanor charges 18 brought under AS 11.41.270; 19 (B) violated AS 04.16.050 or an ordinance with similar 20 elements; however, unless there is a lawful reason for further detention, a 21 person who is under the age of 18 and who has been arrested for violating 22 AS 04.16.050 or an ordinance with similar elements shall be cited for the 23 offense and released to the person's parent, guardian, or legal custodian; 24 or 25 (C) violated conditions imposed as part of the person's 26 release before trial on felony charges brought under AS 11.41.410 - 27 11.41.458 . 28 * Sec. 3. AS 12.25.030(b) is amended to read: 29 (b) In addition to the authority granted by (a) of this section, a peace officer 30 [(1)] shall make an arrest under the circumstances described in 31 AS 18.65.530 [; 01 (2) WITHOUT A WARRANT MAY ARREST A PERSON IF THE 02 OFFICER HAS PROBABLE CAUSE TO BELIEVE THE PERSON HAS, EITHER 03 IN OR OUTSIDE THE PRESENCE OF THE OFFICER, 04 (A) COMMITTED A CRIME INVOLVING DOMESTIC 05 VIOLENCE, WHETHER THE CRIME IS A FELONY OR A 06 MISDEMEANOR; IN THIS SUBPARAGRAPH, "CRIME INVOLVING 07 DOMESTIC VIOLENCE" HAS THE MEANING GIVEN IN AS 18.66.990; 08 (B) COMMITTED THE CRIME OF VIOLATING A 09 PROTECTIVE ORDER IN VIOLATION OF AS 11.56.740; OR 10 (C) VIOLATED A CONDITION OF RELEASE IMPOSED 11 UNDER AS 12.30.025 OR 12.30.027; 12 (3) WITHOUT A WARRANT MAY ARREST A PERSON WHEN 13 THE PEACE OFFICER HAS REASONABLE CAUSE FOR BELIEVING THAT THE 14 PERSON HAS 15 (A) COMMITTED A CRIME UNDER OR VIOLATED 16 CONDITIONS IMPOSED AS PART OF THE PERSON'S RELEASE BEFORE 17 TRIAL ON MISDEMEANOR CHARGES BROUGHT UNDER AS 11.41.270; 18 (B) VIOLATED AS 04.16.050 OR AN ORDINANCE WITH 19 SIMILAR ELEMENTS; HOWEVER, UNLESS THERE IS A LAWFUL 20 REASON FOR FURTHER DETENTION, A PERSON WHO IS UNDER THE 21 AGE OF 18 AND WHO HAS BEEN ARRESTED FOR VIOLATING 22 AS 04.16.050 OR AN ORDINANCE WITH SIMILAR ELEMENTS SHALL 23 BE CITED FOR THE OFFENSE AND RELEASED TO THE PERSON'S 24 PARENT, GUARDIAN, OR LEGAL CUSTODIAN; OR 25 (C) VIOLATED CONDITIONS IMPOSED AS PART OF THE 26 PERSON'S RELEASE BEFORE TRIAL ON FELONY CHARGES BROUGHT 27 UNDER AS 11.41.410 - 11.41.458]. 28 * Sec. 4. AS 12.25.040 is amended to read: 29 Sec. 12.25.040. Taking before judge or magistrate person arrested by 30 private person [BYSTANDER]. A peace officer may, without warrant, take before 31 a judge or magistrate a person who has been [, BEING ENGAGED IN A BREACH 01 OF THE PEACE, IS] arrested by a private person [BYSTANDER] and delivered to 02 the peace officer. 03 * Sec. 5. AS 12.30.020(e) is amended to read: 04 (e) The judicial officer shall inform the person of the penalties that may be 05 imposed for a violation of the conditions of release and advise the person that a 06 warrant for the person's arrest will be issued immediately upon a violation or that the 07 person may be arrested without a warrant for a violation of conditions of release as set 08 out in AS 12.25.030 [AS 12.25.030(b)]. 09 * Sec. 6. AS 12.70.130 is amended to read: 10 Sec. 12.70.130. Arrest without warrant. The arrest of a person may also be 11 lawfully made by a peace officer [OR A PRIVATE PERSON] without a warrant upon 12 reasonable information that the accused stands charged in the courts of another state 13 with a crime punishable by death or imprisonment for a term exceeding one year . 14 When [, BUT WHEN] arrested , the accused must be taken before a judge or 15 magistrate without unnecessary delay and, in any event, within 24 hours after arrest, 16 including Sundays and holidays . A [, AND] complaint shall be made against the 17 accused under oath setting out the ground for the arrest as in AS 12.70.120. 18 Thereafter , the answer of the accused shall be heard as if the accused had been 19 arrested on a warrant.