Legislature(1995 - 1996)
04/15/1996 01:30 PM Senate JUD
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
HB 18 STATUTE OF LIMITATIONS:POLICE/CORONERS
WILDA WHITAKER, staff to Representative Therriault, sponsor of HB
18, explained the bill is intended to bring the statute of
limitations for civil actions brought against peace officers and
coroners into conformity with the statute of limitations for civil
actions brought against private persons. It reduces from three
years to two the period in which civil actions can be brought
against police officers and coroners. Alaska statutes are based on
Oregon statutes which are based on New York statutes. New York's
laws originally set the statute of limitations for civil suits
brought against a private person at six years, and against a peace
officer at three years. The statute of limitations for peace
officers was shorter because it was recognized that police officers
need to be free from excessive harassment to carry out their
duties. After adopting New York statutes, the State of Oregon
reduced the time for bringing civil suits against private persons
from six years to two, but failed to correspondingly reduce the
statute of limitations against peace officers, which remained at
three. This is how the Oregon law stood when Congress enacted it
for Alaska. What was intended to provide a shorter statute of
limitations for peace officers is now longer than that against the
general public. HB 18 would bring an antiquated statute into
conformity with more recent law. HB 18 is one of the Alaska Peace
Officers Association's priority pieces of legislation. The measure
passed the House Judiciary Committee with seven "Do Pass"
recommendations and passed the full House 38 to 0.
SENATOR ADAMS moved HB 18 out of committee with individual
recommendations. There being no objection, the motion carried.
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