Legislature(1995 - 1996)
02/20/1996 09:15 AM Senate FIN
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
HOUSE BILL NO. 127
"An Act increasing the minimum term of imprisonment for
assaults in the fourth degree committed against a peace
officer, fire fighter, correctional officer, emergency
medical technician, paramedic, ambulance attendant, or
other emergency responders."
Representative Pete Kelly, sponsor of HB 127, was invited
to join the committee. He stated the bill was created due
to increasing violence to police during the execution of
their duties. It sends a clear message to those who would
assault a police officer that engaging in a fight with a
police officer is a bad idea. The sentence was extended to
include emergency responders, correctional nurses,
firefighters and any other emergency personnel. Due to
technical flaws in sentencing it was found that judges were
prevented from using aggravated factors on felony assaults
against police officers. Fourth degree assault now includes
threatening speech and the sixty day sentence arrived at was
the same formula used in felony assault when there are
aggravating factors. He referred to the fiscal note from
the Department of Law, 2/9/96.
Co-chairman Halford cited the fiscal note from the
Department of Law, zero; $21.4 from Department of
Corrections; the rest are all zero.
Senator Donley asked for an explanation on repealers.
Representative Kelly advised that it refers to felonious
assault and presumptive sentencing. Later there are
aggravators. If presumptive sentencing is used regarding a
police officer the aggravator can not be used. As the law
was written the presumptive sentence was less for a police
officer than for a normal citizen. That section was
repealed in the presumptive sentencing and felonious C&B
assaults and just allowed the judge to use the aggravator.
As long as it was in presumptive sentencing the judge's
hands were tied. Because of case law it was double
jeopardy. A specific provision was repealed to include
peace officers and correctional officers. Senator Donley
referred to the definition of "peace officer" under Title 12
and who all was included.
Mr. Dean Guaneli was invited to join the committee. He
explained the law enforcement community is concerned and
feels the current thirty-day sentence is not adequate to
address the matter and deter people from assaulting police
officers. Representative Kelly advised that Col. Godfrey
from the Alaska State Troopers was not available to testify
today but referred to the fact that there has been a jump
from 66 assaults in 1994 to 91 assaults in 1995 - 1996.
This is viewed not as a spite but a trend.
Senator Frank asked if this was because judges were giving
minimum sentences when a police officer is assaulted.
Representative Kelly advised that judges have the option to
sentence up to one year. Mr. Guaneli noted that in general
when the legislature imposes a minimum sentence the judges
ordinarily give that sentence unless there are particular
aggravating factors. The ultimate jail time tends to focus
around the mandatory minimum set forth by the legislature.
It is felt by judges that it is foreseeable police officers
may be assaulted and that is why they choose the minimum
sentence unless a specific direction otherwise. Senator
Frank asked the definition of assault. Mr. Guaneli informed
the committee that assault can simply be the infliction of
some level of pain, a punch in the nose, a shove, just about
anything can rise to the level of a misdemeanor assault.
Senator Frank commented on not leaving discretion to the
judges to look at the situation.
Representative Kelly reflected on a conversation with former
police chief from Fairbanks in that there is an escalating
level of violence against them and they feel that they would
like the thirty-day sentence raised. The message must be
clearly sent that this is a police officer and it is hands
off. This must extend to all people who are in the
execution of their duties on the front lines of law
enforcement. Senator Frank stated he felt the situation was
very serious. Mr. Guaneli felt that a conversation between
the police chief association or the Department of Public
Safety and the Chief Justice or perhaps at the next judges
training session or their annual conference someone could
come before them and express the concern that these are
serious matters. Judges feel there is a wide range of
assaults and they try to base their sentences on the facts;
from the officers stand point they see largely the minimum
sentence being imposed. Senator Donley and Senator Frank
referred to the sentencing commission.
Senator Donley asked what the elements were for AS
11.41.230. Mr. Guaneli answered where by words or other
conduct one is placed in fear of imminent physical injury.
This subsection is not usually charged in connection with
police officers. A blow has to be landed. Representative
Kelly and Senator Donley further discussed that all three
classes of assault are lumped together under the existing
law.
Senator Zharoff asked the difference between "correctional
employee" and "officer". Representative Kelly advised that
a police officer is trained in closer contact with felons
and murderers. A correctional employee such as kitchen
help, nurse, etc. is not. Therefore the intent of the bill
was to include protection for correctional employees who
came in contact with the prisoners.
Senator Frank posed a hypothetical case on a civilian
assault. Mr. Guaneli informed that there is no minimum for
assault on ordinary citizens.
Senator Donley MOVED SCS CSHB 127 with individual
recommendations and the accompanying fiscal note of the
Department of Corrections in the amount of $21.4. Without
objections the bill was REPORTED OUT with individual
recommendations and the fiscal note.
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