Legislature(2007 - 2008)BELTZ 211
04/04/2008 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB286 | |
| HJR28 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HJR 28 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 286 | TELECONFERENCED | |
HB 286-IMPERSONATING A PUBLIC SERVANT
1:43:14 PM
CHAIR FRENCH announced the consideration of HB 286. He withdrew
amendment 25-LS1169\A.1 that was pending from the previous
hearing, and asked for a motion to adopt Version \C committee
substitute (CS).
1:43:43 PM
SENATOR McGUIRE moved to adopt Senate CS for HB 286, 25-
LS1169\C, Luckhaupt, as the working document.
CHAIR FRENCH explained that the CS incorporates the withdrawn
amendment more smoothly. He continued to say that the crime of
impersonated a public servant in the first degree is what
happens when someone violates the underlying statute by
"pretending to be peace officer and purports to exercise the
authority of a peace officer in relation to another person."
Previous discussion focused on whether the underlying statute
should be fixed, but his view is that it's been on the books for
some time and the bill sponsor intended to focus on making it a
felony to impersonate a police officer given the huge authority
those individuals have.
SENATOR McGUIRE suggested, on line 11, saying "pretends to be a
public servant and purports to exercise the authority of a
public servant." She then asked if the drafter saw a problem
with the phrase "does any act."
CHAIR FRENCH replied he hasn't indicated that the underlying
statute needs to be fixed. In response to a question he relayed
that this is the last committee of referral.
SENATOR WIELECHOWSKI reviewed the difference between Sec.
11.56.827(a) that says, "pretending to be peace officer and
purports to exercise the authority of a peace officer in
relation to another person." and AS 11.56.830(a), that says
"pretends to be a public servant…".
CHAIR FRENCH said that all police officers are public servants
so a peace officer could violate the B misdemeanor by doing any
act in that capacity - perhaps by carrying a badge, but not by
exercising the authority. If you're not a police officer, you
probably shouldn't carry a police badge in your wallet, he said.
SENATOR McGUIRE observed that with respect to the misdemeanor,
the broader definition of public servant incorporates
legislators. In the previous committee she gave the example of a
staff member trying to impress a girlfriend by using a
legislator's stationary. Under the "any act" language, it's
suddenly a crime, she said.
CHAIR FRENCH responded that it's been that way for 20 years and
he's not aware that any charges have been filed for that
offense. He has the same unease, but he's come to believe that
for a B misdemeanor, only the most egregious violations will be
charged.
SENATOR McGUIRE suggested replicating the C felony language for
the lesser offense to make it clear that the person has to
purport to exercise authority [of a public servant in relation
to another person], as opposed to "any act."
SENATOR WIELECHOWSKI found that reasonable and asked if the
sponsor disagrees.
CHAIR FRENCH said he believes that the sponsor cares about the C
felony, not the B misdemeanor.
SENATOR WIELECHOWSKI said he agrees with Senator McGuire on that
point.
1:48:02 PM
CHAIR FRENCH asked Senator McGuire to restate the proposed
language for a conceptual amendment.
SENATOR McGUIRE said the conceptual amendment is to make Section
2 the misdemeanor offense that applies to the broader public
servant category consistent with the peace officer felony
language by deleting the phrase "any act" on line 11, and
inserting the phrase, "purports to exercise the authority of a
public servant in relation to another person."
CHAIR FRENCH said Section 2 would then read as follows:
(a) A person commits the crime of impersonating a
public servant in the second degree if the person
pretends to be a public servant and purports to
exercise the authority of a public servant in relation
to another person.
CHAIR FRENCH found no objection, and announced that Amendment 1
is adopted. Finding no further committee discussion, he asked
for a motion.
SENATOR McGUIRE motioned to report the CS for HB 286, 25-
LS1169\C, as amended, from committee with individual
recommendations and attached fiscal note(s).
CHAIR FRENCH announced that without objection SCS HB 286(JUD) is
moved from the Senate Judiciary Committee.
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