HB 224: "An Act relating to the crime of impersonating a peace officer; relating to the powers of the Alaska Police Standards Council; relating to the definition of 'village police officer'; and providing for an effective date."
00 HOUSE BILL NO. 224 01 "An Act relating to the crime of impersonating a peace officer; relating to the powers of 02 the Alaska Police Standards Council; relating to the definition of 'village police officer'; 03 and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 11.56.827 is amended by adding a new subsection to read: 06 (c) It is not a defense to a prosecution under this section that the person was 07 employed as a peace officer at the time of the offense. 08 * Sec. 2. AS 11.81.900(b)(46) is amended to read: 09 (46) "peace officer" means a public servant vested by law with a duty 10 to maintain public order or to make arrests, whether the duty extends to all offenses or 11 is limited to a specific class of offenses or offenders; "peace officer" does not 12 include a person who has been convicted of 13 (A) a felony in this or another jurisdiction; 14 (B) a sex offense as defined in AS 12.63.100, or a similar law
01 of another jurisdiction; 02 (C) a crime involving domestic violence as defined in 03 AS 18.66.990 or a similar law of another jurisdiction; 04 * Sec. 3. AS 12.62.400(a) is amended to read: 05 (a) To obtain a national criminal history record check for determining a 06 person's qualifications for a license, permit, registration, employment, or position, a 07 person shall submit the person's fingerprints to the department with the fee established 08 by AS 12.62.160. The department may submit the fingerprints to the Federal Bureau 09 of Investigation to obtain a national criminal history record check of the person for the 10 purpose of evaluating a person's qualifications for 11 (1) a license or conditional contractor's permit to manufacture, sell, 12 offer for sale, possess for sale or barter, traffic in, or barter an alcoholic beverage 13 under AS 04.11; 14 (2) licensure as a mortgage lender, a mortgage broker, or a mortgage 15 loan originator under AS 06.60; 16 (3) admission to the Alaska Bar Association under AS 08.08; 17 (4) licensure as a collection agency operator under AS 08.24; 18 (5) a certificate of fitness to handle explosives under AS 08.52; 19 (6) licensure as a massage therapist under AS 08.61; 20 (7) licensure to practice nursing or certification as a nurse aide under 21 AS 08.68; 22 (8) certification as a real estate appraiser under as 08.87; 23 (9) a position involving supervisory or disciplinary power over a minor 24 or dependent adult for which criminal justice information may be released under 25 AS 12.62.160(b)(9); 26 (10) a teacher certificate under AS 14.20; 27 (11) a registration or license to operate a marijuana establishment 28 under AS 17.38; 29 (12) admittance to a police training program under AS 18.65.230 or for 30 certification as a police officer or village police officer under AS 18.65.240 if that 31 person's prospective employer does not have access to a criminal justice information
01 system; 02 (13) licensure as a security guard under AS 18.65.400 - 18.65.490; 03 (14) a concealed handgun permit under AS 18.65.700 - 18.65.790; 04 (15) licensure as an insurance producer, managing general agent, 05 reinsurance intermediary broker, reinsurance intermediary manager, surplus lines 06 broker, or independent adjuster under AS 21.27; 07 (16) serving and executing process issued by a court by a person 08 designated under AS 22.20.130; 09 (17) a school bus driver license under AS 28.15.046; 10 (18) licensure as an operator or an instructor for a commercial driver 11 training school under AS 28.17; 12 (19) registration as a broker-dealer, agent, investment adviser 13 representative, or investment adviser under AS 45.56.300 - 45.56.350; 14 (20) licensure, license renewal, certification, certification renewal, or 15 payment from the Department of Health and Social Services of an individual and an 16 entity subject to the requirements for a criminal history check under AS 47.05.310, 17 including 18 (A) a public home care provider described in AS 47.05.017; 19 (B) a provider of home and community-based waiver services 20 financed under AS 47.07.030(c); 21 (C) a case manager to coordinate community mental health 22 services under AS 47.30.530; 23 (D) an entity listed in AS 47.32.010(b), including an owner, 24 officer, director, member, partner, employee, volunteer, or contractor of an 25 entity; or 26 (E) an individual or entity not described in (A) - (D) of this 27 paragraph that is required by statute or regulation to be licensed or certified by 28 the Department of Health and Social Services or that is eligible to receive 29 payments, in whole or in part, from the Department of Health and Social 30 Services to provide for the health, safety, and welfare of persons who are 31 served by the programs administered by the Department of Health and Social
01 Services. 02 * Sec. 4. AS 18.65.220 is amended to read: 03 Sec. 18.65.220. Powers. The council has the power to 04 (1) adopt regulations for the administration of AS 18.65.130 - 05 18.65.290; 06 (2) establish minimum standards for employment as a police officer, 07 village police officer, probation officer, parole officer, municipal correctional officer, 08 and correctional officer in a permanent or probationary position and certify persons to 09 be qualified as police officers, village police officers, probation officers, parole 10 officers, municipal correctional officers, and correctional officers under AS 18.65.130 11 - 18.65.290; 12 (3) establish minimum criminal justice curriculum requirements for 13 basic, specialized, and in-service courses and programs for schools operated by or for 14 the state or a political subdivision of the state for the specific purpose of training 15 police recruits, police officers, village police officer recruits, village police officers, 16 probation officers, parole officers, municipal correctional officers, and correctional 17 officers; the curriculum requirements established under this paragraph must include 18 training in 19 (A) recognizing persons with disabilities; 20 (B) appropriate interactions with persons with disabilities; 21 (C) resources available to persons with disabilities and to those 22 interacting with persons with disabilities; and 23 (D) the requirements of 42 U.S.C. 12131 - 12165 (Title II of 24 the Americans with Disabilities Act of 1990); 25 (4) consult and cooperate with municipalities, agencies of the state, 26 other governmental agencies, universities, colleges, and other institutions concerning 27 the development of police officer, village police officer, probation officer, parole 28 officer, municipal correctional officer, and correctional officer training schools and 29 programs of criminal justice instruction; 30 (5) employ an administrator and other persons necessary to carry out 31 its duties under AS 18.65.130 - 18.65.290;
01 (6) investigate when there is reason to believe that a police officer, 02 village police officer, probation officer, parole officer, municipal correctional officer, 03 or correctional officer does not meet the minimum standards for employment; in 04 connection with the investigation the council may subpoena persons, books, records, 05 or documents related to the investigation and require answers in writing under oath to 06 questions asked by the council or the administrator; 07 (7) charge and collect a fee of $50 for processing applications for 08 certification of police, probation, parole, municipal correctional, and correctional 09 officers; 10 (8) require a state and national criminal history record check for an 11 applicant to a training program established in AS 18.65.230 and for a person to be 12 certified as a police officer or village police officer under AS 18.65.240 if that 13 person's prospective employer does not have access to a criminal justice information 14 system. 15 * Sec. 5. AS 18.65.230(b) is amended to read: 16 (b) To determine a person's qualification for appointment [AS A POLICE 17 OFFICER] under AS 18.65.240, each person who applies for admittance to a basic 18 program of police training established under this section shall submit to the council the 19 person's fingerprints along with the fee established in AS 12.62.160 unless the person's 20 fingerprints were previously submitted by the person's prospective employer. The 21 Department of Public Safety shall conduct a state criminal history record check and 22 may submit the person's fingerprints to the Federal Bureau of Investigation to obtain a 23 national criminal history record check of the person under AS 12.62.400 for the 24 purpose of evaluating the person's qualifications for appointment [AS A POLICE 25 OFFICER] under AS 18.65.240. 26 * Sec. 6. AS 18.65.240(a) is amended to read: 27 (a) Subject to (e) of this section, a [A] person may not be appointed as a 28 police officer or village police officer, except on a probationary basis, unless the 29 person (1) has satisfactorily completed a basic program of police training approved by 30 the council, which includes at least 12 hours of instruction regarding domestic 31 violence and at least 12 hours of instruction regarding sexual assault, as those terms
01 are defined in AS 18.66.990, and (2) possesses other qualifications the council has 02 established for the employment of police officers, including minimum age, education, 03 physical and mental standards, citizenship, moral character, and experience. The 04 council shall prescribe the means of presenting evidence of fulfillment of these 05 requirements. 06 * Sec. 7. AS 18.65.240 is amended by adding new subsections to read: 07 (e) A person may not be appointed as a police officer or village police officer, 08 permanently or on a probationary basis, if that person has been convicted of 09 (1) a felony in this or another jurisdiction; 10 (2) a sex offense as defined in AS 12.63.100, or a similar law of 11 another jurisdiction; 12 (3) a crime involving domestic violence as defined in AS 18.66.990, or 13 a similar law of another jurisdiction. 14 (f) The council shall establish standards for village police officers by 15 regulation. 16 * Sec. 8. AS 18.65.290 is amended by adding a new paragraph to read: 17 (10) "village police officer" means an employee of an incorporated city 18 or municipality residing off of the contiguous Alaska road system with a population of 19 less than 2000 based on the most recent federal census, with the authority to arrest and 20 issue citations; detain a person taken into custody until that person can be arraigned 21 before a judge or magistrate; conduct investigations of violations of and enforce 22 criminal laws, regulations, and traffic laws; search with or without a warrant persons, 23 dwellings, and other forms of property for evidence of a crime; and take other action 24 consistent with exercise of these enumerated powers when necessary to maintain the 25 public peace. 26 * Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to 27 read: 28 APPLICABILITY. AS 11.56.827, as amended by sec. 1 of this Act, and 29 AS 11.81.900, as amended by sec. 2 of this Act, apply to offenses committed on or after the 30 effective date of this Act. 31 * Sec. 10. This Act takes effect immediately under AS 01.10.070(c).