05/01/1998 02:25 PM House FIN

HOUSE BILL NO. 405                                                             
                                                                               
"An Act relating to failing to stop a vehicle when                             
directed to do so by a peace officer."                                         
                                                                               
Co-Chair Therriault MOVED to ADOPT Amendment 1 (copy on                        
file).                                                                         
                                                                               
JAMES HORNADAY, STAFF, REPRESENTATIVE KOTT stated that the                     
sponsor supports the amendment.  He added that                                 
representatives of the Anchorage Police Department and the                     
Department of Public Safety also support the amendment.  He                    
explained that the amendment would add new language:  "A                       
person commits the offense of failure to stop at the                           
direction of a peace officer in the first degree if the                        
person violates (b) of this section and during the                             
commission of that offense, the person violates a traffic                      
law or commits another crime."   The amendment also provides                   
that "crime" has the meaning given in AS 11.81.900; and                        
"traffic law" has the meaning given in AS 28.15.261.                           
                                                                               
Co-Chair Therriault observed that there are approximately                      
330 of these types of violations on a yearly basis.  The                       
Department of Law indicated that that they would try to                        
prosecute these offenses as felonies.  He observed that the                    
Department of Law could prosecute with the use discretion in                   
order to reduce the fiscal impact.  The Anchorage Police                       
Department supports full prosecution of violations.                            
                                                                               
CHRIS STOCKARD, CAPTAIN, DEPARTMENT OF PUBLIC SAFETY                           
explained that it is currently a class B misdemeanor to                        
elude a police officer.  The legislation increases the                         
penalty and creates a new felony category for more serious                     
violations.  There are approximately 20 states that have                       
made fleeing a police office a felony offense.                                 
                                                                               
There being NO OBJECTION, Amendment 1 was adopted.                             
                                                                               
(Tape Change, HFC 98 - 140, Side 2)                                            
                                                                               
In response to a question by Representative Grussendorf, Mr.                   
Stockard clarified that a person must knowingly elude a                        
police officer.  The police officer's vehicle must be marked                   
appropriately so that a reasonable person would recognize it                   
as a law enforcement vehicle.  If the officer is not                           
operating a vehicle they must be in a clearly recognizable                     
uniform.                                                                       
                                                                               
Mr. Hornaday pointed out that there is a definition of                         
"knowingly" in AS 81.900.                                                      
                                                                               
Representative Mulder asked if the legislation would act as                    
a deterrent.                                                                   
                                                                               
Mr. Stockard observed that the Anchorage Police Department                     
feels that it would be a deterrent.  The Department of                         
Public Safety is less certain.  He explained that officers                     
would include information about the law in their school                        
presentation.                                                                  
                                                                               
Co-Chair Therriault asked if forfeiture of the vehicle was                     
considered as a deterrent.  Mr. Hornaday stressed that                         
forfeiture is difficult to enforce.                                            
                                                                               
Representative Davies asked if persons in an emergency                         
situation would be charged with eluding a police officer.                      
Mr. Stockard emphasized that generally persons in an                           
emergency situation will stop because they want the police                     
to assist them.                                                                
                                                                               
Representative Grussendorf spoke in support of the                             
legislation.                                                                   
                                                                               
Representative Mulder MOVED to report CSHB 405 (FIN) out of                    
Committee with the accompanying fiscal notes.                                  
                                                                               
CSHB 405 (FIN) was REPORTED out of Committee with "no                          
recommendation" and with four fiscal impact notes, one by                      
the Department of Corrections, one by the Alaska Court                         
System, one by the Department of Administration, and one by                    
the Department of Law dated 3/9/98.