HB 3007: "An Act relating to contempt of court and to temporary detention and identification of persons."

00 HOUSE BILL NO. 3007 01 "An Act relating to contempt of court and to temporary detention and identification of 02 persons." 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 09.50.010(10) if the conduct involves 02 the failure to honor a subpoena or refusal to be sworn or answer as a 03 witness in connection with a civil or criminal court proceeding or an 04 appearance 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 15 (A) witnessed the commission of a crime against a person 16 under AS 11.41 or a felony property crime under AS 11.46; or 17 (B) was at the scene, or in the vicinity, during the commission 18 of a crime against a person under AS 11.41 or a felony property crime under 19 AS 11.46; 20 (2) the person has information of material aid in the investigation of 21 that crime; and 22 (3) the temporary detention of the person is reasonably necessary to 23 obtain or verify the identification of the person, to obtain an account of the crime, to 24 protect a crime victim from imminent harm, or for other exigent circumstances. 25 (b) A peace officer who temporarily detains a person under (a) of this section 26 may 27 (1) detain the person only as long as reasonably necessary to 28 accomplish the purposes of that subsection; 29 (2) take one or more photographs of the person, if photographs can be 30 taken without unreasonably delaying the person or removing the person from the 31 vicinity;

01 (3) serve a subpoena on the person to appear before the grand jury 02 where the crime was committed, if the person fails to provide valid government-issued 03 photographic identification; and 04 (4) take the person's fingerprint impressions if 05 (A) the person is detained in connection with the investigation 06 of a murder, attempted murder, or misconduct involving weapons in the first 07 degree under AS 11.61.190; and 08 (B) fingerprint impressions can be taken without unreasonably 09 delaying the person or removing the person from the vicinity. 10 (c) A peace officer electing to serve a subpoena under (b) of this section may 11 not require the person to sign the subpoena or another document. The officer or the 12 subpoena must advise the person that failure to honor the subpoena is punishable as 13 criminal contempt of court under AS 09.50.010. A person receiving a subpoena to 14 testify under (b) of this section may request the district attorney to withdraw the 15 subpoena if, before the grand jury proceeding for which the person has been served a 16 subpoena to appear, the person provides the peace officer who served the subpoena 17 with valid government-issued photographic identification. 18 (d) Photographs or fingerprints taken under (b) of this section 19 (1) may be used for identification purposes only, and not for criminal 20 investigative purposes unless it is determined that the person is suspected of 21 committing the crime under investigation; and 22 (2) must be destroyed upon the earlier of the following occurrences 23 unless it is determined that the person is suspected of committing the crime under 24 investigation: 25 (A) the person has testified in a grand jury or court proceeding 26 in connection with the matter under investigation; or 27 (B) completion of the prosecution of the crime being 28 investigated. 29 (e) A person who refuses or resists the taking of photographs or fingerprints 30 under this section commits a class B misdemeanor, punishable as provided in 31 AS 12.55, except that a sentence of imprisonment, if imposed, may not exceed 10

01 days.