1994-03-09                     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"