02/11/2011 01:00 PM House JUDICIARY

                      HB 80 - SELF DEFENSE                                                                                  
                                                                                                                                
1:07:43 PM                                                                                                                    
                                                                                                                                
CHAIR GATTO announced  that the first order of  business would be                                                               
HOUSE BILL NO. 80, "An Act  relating to self defense in any place                                                               
where a person has a right to be."                                                                                              
                                                                                                                                
1:09:46 PM                                                                                                                    
                                                                                                                                
ROY BURKHART, offering an example  of someone drinking at a party                                                               
who goes outside for some reason  but then gets confused and goes                                                               
into the  wrong house and  then gets  shot, asked how  many times                                                               
something like  that's happened,  and how  many times  there have                                                               
been  situations wherein  someone mistakenly  thinking he/she  is                                                               
entering his/her  own home  then shoots the  real resident.   Mr.                                                               
Burkhart relayed  that one  time at about  3 a.m.,  an inebriated                                                               
man came  banging on his  door, and  Mr. Burkhart got  his pistol                                                               
ready  only to  find  out that  the man  was  simply hoping  that                                                               
someone in the house would wake up  and call him a cab home; that                                                               
situation could have had a far  different ending had the man come                                                               
through the  door instead of staying  out in the yard.   He asked                                                               
the committee to keep such examples in mind.                                                                                    
                                                                                                                                
CHAIR  GATTO,  after ascertaining  that  no  one else  wished  to                                                               
testify, closed public testimony on HB 80.                                                                                      
                                                                                                                                
1:11:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE THOMPSON made a motion  to bring a new zero fiscal                                                               
note [for the Department of Law (DOL)] before the committee.                                                                    
                                                                                                                                
CHAIR  GATTO  explained that  this  zero  fiscal note  would  not                                                               
replace [the  DOL's] original fiscal  note of $450,000  but would                                                               
instead simply accompany  it.  In response  questions, he offered                                                               
his  recollection  that the  Department  of  Public Safety  (DPS)                                                               
testified that passage of HB  80 wouldn't affect the department's                                                               
workload,  and so  he'd  asked  committee staff  to  draft a  new                                                               
fiscal note  - a zero fiscal  note from the committee  - [for the                                                               
DOL].                                                                                                                           
                                                                                                                                
REPRESENTATIVE HOLMES  objected to the  motion.  She  offered her                                                               
recollection  that although  the  DPS had  testified  that HB  80                                                               
wouldn't  affect the  DPS, the  DOL had  testified that  the bill                                                               
would  increase the  DOL's workload  because it  would result  in                                                               
more people making  the claim that they killed  another person in                                                               
self defense.                                                                                                                   
                                                                                                                                
CHAIR GATTO offered his understanding,  though, that under HB 80,                                                               
fewer  such  cases  [would  go  to  trial]  and  thus  fewer  DOL                                                               
resources would be needed.                                                                                                      
                                                                                                                                
1:17:55 PM                                                                                                                    
                                                                                                                                
ANNE  CARPENETI,  Assistant   Attorney  General,  Legal  Services                                                               
Section, Criminal Division, Department  of Law (DOL), offered her                                                               
recollection  and the  DOL's belief  that a  bill such  as HB  80                                                               
would increase the number of such  cases that go to trial and the                                                               
number  of self-defense  claims that  are raised.   Under  Alaska                                                               
statutes, the  DOL would  have to  disprove, beyond  a reasonable                                                               
doubt,  that the  defendant had  the right  [to kill  someone] in                                                               
self defense,  and that can be  difficult to do.   In response to                                                               
comments, she said  it's the DOL's belief that under  HB 80, more                                                               
trials  involving a  claim of  self defense  are likely  to occur                                                               
because there would no longer be  a duty to retreat from places a                                                               
person had  a right to  be even  if he/she could  retreat safely,                                                               
and relayed  the DOL's disagreement  that passage of HB  80 would                                                               
result in the DOL simply choosing not to prosecute such cases.                                                                  
                                                                                                                                
REPRESENTATIVE GRUENBERG made  a motion to table  the question of                                                               
whether to  bring the  proposed new zero  fiscal note  before the                                                               
committee.                                                                                                                      
                                                                                                                                
REPRESENTATIVE LYNN objected.                                                                                                   
                                                                                                                                
The committee took an at-ease from 1:24 p.m. to 1:28 p.m.                                                                       
                                                                                                                                
REPRESENTATIVE  GRUENBERG  withdrew  his   motion  to  table  the                                                               
question.                                                                                                                       
                                                                                                                                
REPRESENTATIVE THOMPSON withdrew  his motion to bring  a new zero                                                               
fiscal  note  [for  the  Department  of  Law  (DOL)]  before  the                                                               
committee.                                                                                                                      
                                                                                                                                
1:29:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE THOMPSON  made a  motion that the  House Judiciary                                                               
Standing Committee send a letter with  HB 80 to the House Finance                                                               
Committee asking  it to  review the  DOL's original  fiscal note.                                                               
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
CHAIR GATTO expressed  concern about the existing  language in AS                                                               
11.81.335(b)  that says  a person  may  not use  deadly force  if                                                               
he/she  "knows" that  he/she can  retreat with  complete personal                                                               
safety, because  it requires a  determination regarding  what the                                                               
person knew.                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  relayed that  he  has  a concern  with                                                               
Alaska's self defense laws in  general in that they are confusing                                                               
and have engendered  a lot of litigation.  He  expressed his hope                                                               
that  those laws  would,  at  some point,  either  via  HB 80  or                                                               
another  bill,  be  redrafted,  either  by  the  sponsor  or  the                                                               
committee, so that  they become simple and easy  to apply, adding                                                               
that he would be willing to help with effort.                                                                                   
                                                                                                                                
REPRESENTATIVE HOLMES  expressed concern  that people  who aren't                                                               
really acting  in self defense  will use HB  80 to get  away with                                                               
murder,  that the  DOL will  find it  too difficult  to prosecute                                                               
them,  and offered  her  belief that  the  existing self  defense                                                               
statute already provides sufficient  protection for those who are                                                               
truly acting  in self  defense, that people  are not  required to                                                               
make  a split-second  determination  regarding  whether they  can                                                               
retreat safely.                                                                                                                 
                                                                                                                                
CHAIR GATTO pointed out that  the statutes could be amended again                                                               
if the bill doesn't have the intended effect.                                                                                   
                                                                                                                                
1:35:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE THOMPSON  moved to report  HB 80 out  of committee                                                               
with  individual  recommendations  and  the  accompanying  fiscal                                                               
notes  and the  accompanying letter  regarding the  fiscal notes.                                                               
There  being no  objection, HB  80  was reported  from the  House                                                               
Judiciary Standing Committee.