Legislature(2021 - 2022)BUTROVICH 205
05/06/2021 03:30 PM Senate STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| SB108 | |
| SB109 | |
| SB82 | |
| SB1 | |
| SB4 | |
| SB115 | |
| SB83 | |
| HB3 | |
| SJR12 | |
| SB91 | |
| SB117 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 3 | TELECONFERENCED | |
| += | SB 83 | TELECONFERENCED | |
| + | SB 82 | TELECONFERENCED | |
| *+ | SB 115 | TELECONFERENCED | |
| *+ | SB 1 | TELECONFERENCED | |
| *+ | SB 4 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 108 | TELECONFERENCED | |
| += | SB 109 | TELECONFERENCED | |
| += | SJR 12 | TELECONFERENCED | |
| += | SB 91 | TELECONFERENCED | |
| += | SB 117 | TELECONFERENCED | |
SB 4-PROHIBIT PEACE OFF. SHOOT MOVING VEHICLE
5:37:50 PM
CHAIR SHOWER announced the consideration of SENATE BILL NO. 4
"An Act relating to justification of use of force by a peace
officer; and relating to shooting at a moving vehicle."
5:38:02 PM
SENATOR GRAY-JACKSON, Alaska State Legislature, Juneau, Alaska,
sponsor of SB 4, read the sponsor statement into the record.
[Original punctuation provided.]
SB4 "An Act relating to justification of use of force
by a peace officer; and relating to shooting at a
moving vehicle."
The use of force in making an arrest or stop is not
justified under this bill if the peace officer
knowingly discharges a firearm at or in the direction
of a propelled vehicle while another person is
operating the vehicle unless the vehicle poses a risk
of imminent danger to a peace officer or others.
With the passing of SB4, AS 11.81.370(d) will amend
the previous Statute by adding a new section to read:
Applicability, which would apply to conduct by a peace
officer occurring on or after the effective date of
this Act.
5:39:07 PM
KEITH BAUGUESS, Staff, Senator Gray-Jackson, Alaska State
Legislature, Juneau, Alaska, presented the sectional analysis
for SB 4.
Section 1: Amends AS 11.81.370 (d) by adding a new
subsection to read: If, in making an arrest or stop, a
peace officer knowingly discharges a firearm at or in
the direction of a propelled vehicle while another
person is operating the vehicle, the use of force is
not justified under this section unless the person is
operating the vehicle in a manner that poses an
immediate threat of serious risk to the life of the
officer or another person.
Section 2: Adopts conforming language from section 1,
setting an effective date.
CHAIR SHOWER turned to invited testimony.
5:40:42 PM
PETER MLYNARIK, Board Member, Alaska Association of Chiefs of
Police (AACOP), Soldotna, Alaska, stated that AACOP believes
that shooting at a moving vehicle is deadly force but the use of
the words "not justified" creates an automatic at fault for an
officer. AACOP also believes that police already have policies
and procedures that effectively deal with this sort of incident,
and it should not be governed by statute. He emphasized that
agencies are capable and do a good job of self-regulating.
CHAIR SHOWER commented on the option to work together to find a
bridge or compromise to meet the intent of the sponsor and
assuage the concerns of law enforcement.
5:43:20 PM
SENATOR GRAY-JACKSON expressed appreciation for the comments and
stressed that this and her other bills were not trying to take
control away from any agency. The intent is to standardize
procedures in statute. She highlighted her high regard for law
enforcement and her longstanding and positive working
relationship with APD.
CHAIR SHOWER asked Chief Mlynarik to comment on the idea of
working to find a compromise.
CHIEF MLYNARIK said he would be willing to work on a compromise
in the language and he appreciated the sponsor's concern for
public safety.
5:45:46 PM
MARK PEARSON, President, Alaska Peace Officers Association
(APOA), Soldotna, Alaska, stated that APOA represents a number
of police organizations and departments throughout the state. On
behalf of APOA, he stated opposition to SB 4. He said the
collective belief is that policing regulation and certification
should remain with the Alaska Police Standards Council and
within individual departments. He highlighted that APOA sent a
letter to both the sponsor and Senator Begich stating opposition
to a suite of bills that included SB 4. However, that is not
reflected on BASIS.
5:47:21 PM
SENATOR REINBOLD joined the committee
CHAIR SHOWER commented that further conversation with APOA may
be a good idea to try to find common ground.
5:47:50 PM
SENATOR GRAY-JACKSON stated that she would reach out to APOA and
some of the agencies it represents to try come to consensus.
CHAIR SHOWER offered to work with both APOA and the sponsor to
look for common ground.
MR. PEARSON thanked the committee for its time.
5:48:53 PM
CHAIR SHOWER opened public testimony on SB 4.
5:49:11 PM
RON VIGIL, President, Alaska Peace Officers Association,
Anchorage Chapter, Anchorage, Alaska, stated that he has been in
law enforcement for 24 years and throughout that time
departments have followed the U.S. Supreme Court case Graham v.
Conner that determined that an objective reasonableness standard
should apply regarding the use of force by law enforcement. He
said every department trains for and uses this standard. He
offered his professional belief that SB 4 was a step in the
wrong direction and did not reflect the unique circumstances,
the training, and the professionalism of law enforcement in
Alaska.
CHAIR SHOWER restated the offer to work with the sponsor and law
enforcement agencies to consider ideas or compromise language
that might be acceptable.
5:51:30 PM
CHAIR SHOWER closed public testimony on SB 4 and held the bill
in committee.