Legislature(1993 - 1994)
1994-03-09 House Journal
Full Journal pdf1994-03-09 House Journal Page 2685 HB 524 HOUSE BILL NO. 524 by the House Rules Committee by request of the Governor, entitled: "An Act relating to a defendant's violation of conditions of release; and providing for an effective date." was read the first time and referred to the Judiciary and Finance Committees. The following fiscal notes apply: 1994-03-09 House Journal Page 2686 HB 524 Fiscal note, Dept. of Corrections, 3/9/94 Zero fiscal notes (2), Dept. of Administration, 3/9/94 Zero fiscal note, Dept. of Public Safety, 3/9/94 Zero fiscal note, Dept. of Law, 3/9/94 The Governor's transmittal letter, dated March 9, 1994, appears below: "Dear Speaker Barnes: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill that would allow peace officers to make warrantless arrests when they have reasonable cause to believe that a defendant is violating the conditions of release imposed by a court in certain types of cases, including stalking, assault, sexual assault, and domestic violence cases. The bill would allow peace officers to take immediate action to protect the public, rather than requiring that they contact a prosecutor and a judge before arresting the defendant. For example, if a person accused of stalking, domestic violence, assault, or sexual assault confronts the victim while the person is released on bail, or violates another condition of release, peace officers are rarely able to protect the victim or the public in general by making an immediate arrest. Typically, the peace officer must first meet with a prosecutor, go into court to file a motion, and obtain a court order before they can act to put the defendant back in jail. Since a large percentage of these incidents occur late at night and often involve alcohol or drug use by the defendant, these situations are particularly dangerous for victims -- and challenging for peace officers, prosecutors, and judges. The bill authorizes the warrantless arrest of defendants who have violated conditions of release imposed by the court for certain offenses to the same extent that warrantless arrests are already authorized under existing law for the initial commission of these same offenses. The bill would permit peace officers to promptly arrest accused stalkers and other offenders who confront their victims, or otherwise violate conditions of release, while on bail. 1994-03-09 House Journal Page 2687 HB 524 Protecting Alaskans from stalkers and domestic violence requires giving peace officers the tools to act -- to intervene -- and to do so immediately. I urge your favorable action on this bill. Sincerely, /s/ Walter J. Hickel Governor"