00 CS FOR SENATE BILL NO. 3005(JUD) am 01 "An Act relating to contempt of court and to temporary detention and identification of 02 persons; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04  * Section 1. AS 09.50.020(a) is amended to read: 05 (a) A person who is guilty of contempt 06 (1) may be punished [IS PUNISHABLE] by a fine of not more than 07 $300 or by imprisonment for not more than six months for a contempt under  08 (A) AS 09.50.010(1) or (2);  09 (B) AS 09.50.010(3) - (12) if [. HOWEVER, WHEN THE 10 CONTEMPT IS ONE MENTIONED IN AS 09.50.010(3) - (12), OR IN AN 11 ACTION BEFORE A MAGISTRATE, THE PERSON IS PUNISHABLE BY 12 A FINE OF NOT MORE THAN $100 UNLESS] it appears that a right or 13 remedy of a party to an action or proceeding was defeated or prejudiced by the 14 contempt; or  01 (C) AS 09.50.010(5) or (10) if the conduct involves the  02 failure to honor a subpoena or refusal to be sworn or answer as a witness  03 in connection with a civil or criminal court proceeding or an appearance  04 before the grand jury;  05 (2) may be punished by a fine of not more than $100 for a  06 contempt under AS 09.50.010(3) - (12), except as otherwise provided in (1)(B) or  07 (1)(C) of this subsection [, IN WHICH CASE THE PENALTY SHALL BE AS 08 PRESCRIBED FOR CONTEMPTS DESCRIBED IN AS 09.50.010(1) AND (2)]. 09  * Sec. 2. AS 12.50 is amended by adding a new section to read: 10 Article 3. Temporary Detention and Identification of Persons.  11 Sec. 12.50.201. Temporary detention and identification of persons. (a) A 12 peace officer may temporarily detain a person under circumstances that give the 13 officer reasonable suspicion that 14 (1) the person witnessed or was at or near the scene of the commission 15 of a felony crime against a person under AS 11.41, arson under AS 11.46.400 or 16 11.46.410, criminal mischief under AS 11.46.475 or 11.46.480, or misconduct 17 involving weapons under AS 11.61.190 or 11.61.195(a)(3); 18 (2) the person has information of material aid in the investigation of 19 that crime; and 20 (3) the temporary detention of the person is reasonably necessary to 21 obtain or verify the identification of the person, to obtain an account of the crime, to 22 protect a crime victim from imminent harm, or for other exigent circumstances. 23 (b) A peace officer who temporarily detains a person under (a) of this section 24 may 25 (1) detain the person only as long as reasonably necessary to 26 accomplish the purposes of that subsection; 27 (2) take one or more photographs of the person, if photographs can be 28 taken without unreasonably delaying the person or removing the person from the 29 vicinity; and 30 (3) if the person does not provide valid government-issued 31 photographic identification or the officer has reasonable suspicion that the 01 identification is not valid, 02 (A) serve a subpoena on the person to appear before the grand 03 jury where the crime was committed; and 04 (B) take the person's fingerprint impressions if 05 (i) the crime under investigation is murder, attempted 06 murder, or misconduct involving weapons under AS 11.61.190 or 07 11.61.195(a)(3); and 08 (ii) fingerprint impressions can be taken without 09 unreasonably delaying the person or removing the person from the 10 vicinity. 11 (c) A peace officer electing to serve a subpoena under (b) of this section may 12 not require the person to sign the subpoena or another document. The officer or the 13 subpoena must advise the person that failure to honor the subpoena is punishable as 14 criminal contempt of court under AS 09.50.010. A person receiving a subpoena to 15 testify under (b) of this section may request the district attorney to withdraw the 16 subpoena if, before the grand jury proceeding for which the person has been served a 17 subpoena to appear, the person provides the peace officer who served the subpoena 18 with valid government-issued photographic identification. 19 (d) Photographs or fingerprints taken under (b) of this section 20 (1) may be used for identification purposes only, and not for criminal 21 investigative purposes unless it is determined that the person is suspected of 22 committing a crime within the scope of the investigation; and 23 (2) must be destroyed upon the earlier of the following occurrences 24 unless it is determined that the person is suspected of committing a crime within the 25 scope of the investigation: 26 (A) the person has testified in a grand jury or court proceeding 27 in connection with the matter under investigation; or 28 (B) completion of the prosecution of the crime being 29 investigated. 30 (e) This section does not limit the authority of peace officers to investigate 31 crimes, to collect evidence, to photograph crime scenes, evidence, or bystanders, to 01 issue lawful court process, or to ensure the welfare of crime victims or other persons. 02 (f) A person who refuses or resists the taking of photographs or fingerprints 03 under this section commits a class B misdemeanor, punishable as provided in 04 AS 12.55, except that a sentence of imprisonment, if imposed, may not exceed 10 05 days. 06  * Sec. 3. This Act takes effect immediately under AS 01.10.070(c).