CSSB 206(JUD): "An Act relating to contempt of court and to temporary detention and identification of persons."
00 CS FOR SENATE BILL NO. 206(JUD) 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 is punishable by a fine of not more 06 than $300 or by imprisonment for not more than six months. However, when the 07 contempt is one mentioned in AS 09.50.010(3) - (12), or in an action before a 08 magistrate, the person is punishable by a fine of not more than $100 unless it appears 09 that a right or remedy of a party to an action or proceeding was defeated or prejudiced 10 by the contempt, or the failure to honor a subpoena or refusal to be sworn or 11 answer as a witness under AS 09.50.010(10) was in connection with a court 12 proceeding relating to a felony crime or an appearance before the grand jury, in 13 which case the penalty shall be as prescribed for contempts described in 14 AS 09.50.010(1), (2), and (10) [AS 09.50.010(1) AND (2)].
01 * Sec. 2. AS 12.50 is amended by adding a new section to read: 02 Article 3. Temporary Detention and Identification of Persons. 03 Sec. 12.50.201. Temporary detention and identification of persons. (a) A 04 peace officer may temporarily detain a person under circumstances that give the 05 officer reasonable suspicion that 06 (1) the person 07 (A) witnessed the commission of a crime against a person 08 under AS 11.41 or a felony property crime under AS 11.46; or 09 (B) was at the scene, or in the vicinity, during the commission 10 of a crime against a person under AS 11.41 or a felony property crime under 11 AS 11.46; 12 (2) the person may have information of material aid in the 13 investigation of that crime; and 14 (3) the temporary detention of the person is reasonably necessary to 15 obtain or verify the identification of the person, to obtain an account of the crime, to 16 protect a crime victim from imminent harm, or for other exigent circumstances. 17 (b) A peace officer who temporarily detains a person under (a) of this section 18 may 19 (1) take one or more photographs of the person, if photographs can be 20 taken without unreasonably delaying the person or removing the person from the 21 vicinity; 22 (2) serve a subpoena on the person to appear before the grand jury 23 where the crime was committed, if the person fails to provide valid government-issued 24 photographic identification; and 25 (3) take the person's fingerprint impressions if 26 (A) the person is detained in connection with the investigation 27 of a murder, attempted murder, or misconduct involving weapons in the first 28 degree under AS 11.61.190; and 29 (B) fingerprint impressions can be taken without unreasonably 30 delaying the person or removing the person from the vicinity. 31 (c) A peace officer electing to serve a subpoena under (b) of this section may
01 not require the person to sign the subpoena or another document. The officer or the 02 subpoena must advise the person that failure to honor the subpoena is punishable as 03 criminal contempt of court under AS 09.50.010. A person receiving a subpoena to 04 testify under (b) of this section may request the district attorney to withdraw the 05 subpoena if, before the grand jury proceeding for which the person has been served a 06 subpoena to appear, the person provides the peace officer who served the subpoena 07 with valid government-issued photographic identification. 08 (d) A person who refuses or resists the taking of photographs or fingerprints 09 under this section commits a class B misdemeanor, punishable as provided in 10 AS 12.55, except that a sentence of imprisonment, if imposed, may not exceed 10 11 days.