1996-04-18                     House Journal                      Page 3845
HB 493                                                                       
   "* Sec. 13.  AS47.37 is amended by adding a new section to read:          
	Sec. 47.37.235.  LIMITATIONS ON LIABILITY; BAD                               
FAITH APPLICATION A FELONY.  (a)  Except as provided                           
under (b) of this section, a person acting in good faith upon either           
actual knowledge or reliable information who takes a person into               
protective custody or detains a person under AS47.37.170-                      
47.37.180, or who petitions for commitment under AS47.37.180-                  
47.37.205, is not subject to civil or criminal liability.                      
	(b)  The following persons may not be held civilly or                        
criminally liable for detaining a person under AS47.37.170-                    
47.37.270 or for releasing a person under AS47.37.170-                         
47.37.270 at or before the end of the period for which the person              
was admitted or committed for protective custody or treatment if               
the persons have performed their duties in good faith and without              
gross negligence:                                                              
		(1)  an officer of an approved public or private treatment                  
facility;                                                                      
		(2)  the administrator of an approved public or private                     
treatment facility, and the staff of an approved public or private             
treatment facility;                                                            
		(3)  a public official performing functions necessary to the                
administration of AS47.37.170- 47.37.270;                                      
		(4)  a peace officer or other person responsible for                        
detaining or transporting a person under AS47.37.170 - 47.37.270.              
	(c)  A person who wilfully initiates an involuntary                          
commitment petition under AS47.37.180- 47.37.205 without                       
having good cause to believe that the other person is an alcoholic             
or drug abuser and is incapacitated or at risk of serious physical             
harm or illness if not treated is guilty of a class C felony."                 
                                                                               
Representative Williams moved and asked unanimous consent that                 
Amendment No. 1 be adopted.                                                    
                                                                               
Representative Vezey objected and withdrew the objection.  There               
being no further objection, Amendment No. 1 was adopted.                       
                                                                               
Incorrect Amendment No. 2 was adopted and action was later                     
rescinded.                                                                     
                                                                               
Amendment No. 3 was offered  by Representatives Brown and Ivan: