Legislature(2023 - 2024)BELTZ 105 (TSBldg)
02/23/2023 03:30 PM Senate STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| SB28 | |
| SB32 | |
| SB31 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 28 | TELECONFERENCED | |
| *+ | SB 31 | TELECONFERENCED | |
| *+ | SB 32 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 32-CHOKEHOLD BAN
3:47:25 PM
CHAIR KAWASAKI reconvened the meeting and announced the
consideration of SENATE BILL NO. 32 "An Act prohibiting the use
of chokeholds by peace officers; and relating to justification
of use of force by peace officers."
3:47:49 PM
SENATOR ELVI GRAY-JACKSON, Alaska State Legislature, Juneau,
Alaska, sponsor of SB 32, thanked the hardworking peace officers
and office staff that provide the services that protect the
lives and welfare of the people in Alaskan communities. She
described the genesis of this and six other bills that she and
former Senator Tom Begich worked on together to "turn pain into
progress" (TPIP). The bills employ eight specific policies that
have been proven to reduce police violence by as much as 72
percent. Last year she was honored to see one of the bills
signed into law.
SENATOR GRAY-JACKSON continued to introduce SB 32 by reading the
sponsor statement.
Police use numerous methods to restrain and limit the
movement and overall activity of someone who possess a
danger to themselves or to others (including the
police officer). One of the most common restraints are
carotid and a tracheal choke. Both restraints impede
breathing and circulation of blood. If these
restraints are used incorrectly, death through
asphyxiation may occur. Throughout the United States,
there are cases of the misuse of chokeholds. Senate
Bill (SB) 32 would assist in reducing the rate of
chokeholds used incorrectly. SB 32 would further seek
to improve police to community relationships by
addressing a long-standing issue around the use of
force.
3:51:27 PM
BESSE ODOM, Staff, Senator Elvi Gray-Jackson, Alaska State
Legislature, Juneau, Alaska, presented the sectional analysis
for SB 32 on behalf of the sponsor.
Section 1: This amends AS 11.81.370, the Statute
regarding use of force by a peace officer in making an
arrest or terminating an escape by adding a new
subsection that would prohibit the use of potentially
lethal restraints.
SENATOR MERRICK asked whether she knew how many law enforcement
agencies in the state still allow the use of chokeholds.
SENATOR GRAY-JACKSON said no.
CHAIR KAWASAKI asked whether the term "peace officer" included
Village Public Safety Officers (VPSOs) and correctional
officers.
SENATOR GRAY-JACKSON said yes.
3:53:34 PM
MS. ODOM presented a PowerPoint relating to SB 32. She spoke to
slide 2, "National 8 Can't Wait Campaign."
• We were inspired to model local legislation after
the widely-recognized national 8 can't wait
campaign:
square4 Bans the use of chokeholds and strangleholds
square4 Require de-escalation
square4 Require warning before shooting
square4 Require exhausting all alternatives before
shooting
square4 Duty to intervene (by officers that observe
other officers violating practice standards)
square4 Ban shooting at moving vehicles
square4 Require a use of force continuum
square4 Require comprehensive reporting (by officers
each time they use force or threaten to use
force
• We recognize that the national campaign wouldn't
fit the unique needs of Alaska, so we worked with
various stakeholders to create a bill that was
all encompassing of Alaska's unique needs.
MS. ODOM advanced to slide 3, "Meeting w/Stakeholders."
• Throughout the process of drafting the bills, we
met with and received recommendations from the
following stakeholders:
• NOBLE (National Organization of Black Law
Enforcement Executives)
• APDEA (Anchorage Police Department Employees
Association)
• APD (Anchorage Police Department)
• PSEA (Public Safety Employees Association)
MS. ODOM reviewed slide 4, "Bill Objectives."
• Prohibits peace officers from knowingly using a
restraint that impedes another person's breathing
or blood circulation that would likely cause a
loss of consciousness
square4 This includes carotid restraint, tracheal
choke, and others that result in the
aforementioned conditions.
• Chokeholds are permitted in situations where
deadly force is authorized by law.
3:55:33 PM
MS. ODOM advanced to slide 5, "What Sort of Chokeholds Will be
Prohibited." She reported that a survey of the nation's largest
police departments' use-of-force policies found that 71 percent
prohibit chokeholds and 68 percent prohibit carotid holds.
Chokehold
Also called an arm bar hold. Applies pressure to the
trachea, restricting airways and stopping breathing.
Carotid hold
Vascular hold, sleeper hold or stranglehold. Applies
pressure to the carotid arteries, restricting blood
flow to the brain and causing loss of consciousness.
MS. ODOM reviewed slide 6, "What We Know About the Bans on
Chokeholds."
[Original punctuation provided.]
• A Post survey of the 65 largest U.S. police
departments found that 46 prohibit chokeholds in
their use-of-force policies, while 44 prohibit
carotid holds in those policies
• Connecticut
• California (San Diego, Los Angeles, etc.)
• Florida (Broward County, Miami etc.)
• New York
• Washington (Seattle etc.)
• Texas (Austin, Houston, Dallas etc.)
• Illinois (Chicago etc.)
• Colorado (Denver etc.)
• Arizona (Phoenix etc.)
• Delaware
• Iowa
3:56:46 PM
CHAIR KAWASAKI turned to invited testimony on SB 32.
3:57:00 PM
MICHAEL PATTERSON, Founder, Party for Socialism and Liberation,
Anchorage, Alaska, thanked the committee for hearing SB 32 so
quickly and the sponsor for being a consistent leader on the
important issue relating to use of force policies for law
enforcement agencies. He asked the committee to think about what
it means to be choked or strangled. It is a violent act and the
individual may feel they're going to die. Even if a law
enforcement officer has training, it can be dangerous employing
these methods of restraint.
MR. PATTERSON stated that SB 32 will modernize Alaska's law and
he believes it will show the people of Alaska that the state
takes accountability and transparency very seriously. It will
help people regain trust in law enforcement.
4:03:42 PM
CHAIR KAWASAKI opened public testimony on SB 32.
4:03:51 PM
DANIEL CASNER, representing self, Fairbanks, Alaska, testified
in support of SB 32. He is a combat veteran who believes there
is no place for chokeholds in peace officer interactions of any
kind. They are not an appropriate solution for restraint and can
cause serious bodily harm and even death. He urged the committee
to move SB 32 forward.
4:05:31 PM
CYNTHIA GACHUPIN, Member, Party for Socialism and Liberation,
Anchorage, Alaska, testified in support of SB 32. She
articulated her concerns if the bill does not move forward. She
said the use of chokeholds has no place in law enforcement.
There are many ways to restrain someone without using
potentially lethal means of restraint. She said that as a
community member and mother it doesn't sit right that law
enforcement officers can choose whether or not to use this
potentially lethal means of restraint. She asked the committee
to move SB 32 forward.
4:08:47 PM
MORGAN LIM, Lobbyist, Planned Parenthood Alliance Advocates,
Juneau, Alaska, read the following prepared testimony in support
of SB 32.
[Original punctuation provided.]
Thank you Chair Kawasaki and Members of the Senate
State Affairs Committee. My name is Morgan Lim, I'm a
Juneau resident, and I am testifying today on behalf
of Planned Parenthood Alliance Advocates Alaska.
PPAA strongly supports Senate Bill 32, a bill that
would limit the use of force by peace officers in
Alaska. PPAA believes all people should live free from
violence, and stands with Black, Indigenous, people of
color ("BIPOC") communities as they demand change and
seek to create communities that are safe and
sustainable.
To truly achieve reproductive justice, all people must
not only have the right to choose if and when to
become parents, but also the right to raise their
children in a safe and healthy environment. It is the
same over-policing of and violence towards Black and
Indigenous bodies and their communities that makes the
promise of reproductive freedom unattainable.
As our state and country continue to grapple with
police brutality, SB 32 takes a step in the right
direction towards reducing police use of force.
According to the Mapping Police Violence database,
Alaska is tragically home to the second highest rate
of police killings in the country and has the second
highest rate of police violence against Black and
Indigenous people. About one-in-three people killed by
the police is an Alaska Native person, and a Black
person in Alaska is 3.3 times more likely to be killed
by police as a white person.
Additionally, the rates of incarceration in Alaska
have grown dramatically in the last several decades,
with Black and American Indian & Alaska Native people
being incarcerated at four to five times the rate of
white people in Alaska. Approximately 40 percent of
people incarcerated in Alaska identify as American
Indian & Alaska Native people despite only making up
about 15 percent of the state's population. Similarly,
7 percent of those incarcerated were Black people
despite only constituting 3 percent of Alaska's
population.
This over-policing of BIPOC communities, the
criminalization of BIPOC people, and police violence
imposes significant transgenerational trauma, directly
harming the health of these families and their
descendants.
We all deserve to live in a world where we are equally
protected and have access to the resources we need to
be healthy, safe, and free from harm. PPAA thanks you
for the opportunity to testify on this important piece
of legislation and we urge the committee to move it
forward.
4:11:38 PM
AMANA MBISE, representing self, Anchorage, Alaska, stated that
he is a social worker and professor of social work who is
speaking in support of SB 32. He thanked the sponsor for
introducing the legislation. He opined that the use of
chokeholds is contradictory to the notion of peace. As a Black
person he has seen chokeholds and other means of restraint cause
the death of his family members. He expressed hope that the
committee would pass the bill expeditiously. Doing so will send
a message that the legislature cares about stopping police
violence.
4:14:13 PM
JASMIN SMITH, representing self, Anchorage, Alaska, testified in
support of SB 32. She is a business owner and community
organizer. She thanked the sponsor and staff for their efforts
on SB 32. She echoed the sentiments of previous speakers that
accountability and rebuilding trust matters. It would be a sign
of solidarity particularly for communities of color if SB 32
were to pass.
4:15:57 PM
LIZ LYKE, representing self, Fairbanks, Alaska, testified in
support of SB 32. She stated that the bill is a step in the
right direction to make law enforcement accountable. She thanked
the committee for hearing the bill and urged its passage.
4:16:47 PM
PHILLIP MOSER, representing self, Juneau, Alaska, stated that he
supports SB 32, but would like significant amendments because it
doesn't have teeth. He opined that chokeholds are a small part
of the epidemic of police brutality. The bill doesn't address
what constitutes authorization to use deadly force. He would
like the bill to include adequate consequences and options to
use less deadly alternatives.
4:19:43 PM
SENATOR CLAMAN asked Captain Sims to discuss the trooper policy
on the use of chokeholds, whether troopers receive training on
the use of chokeholds, and how the exception would work where
deadly force is allowed.
4:20:29 PM
CAPTAIN CORNELIUS SIMS, Commander, Division of Alaska State
Troopers, Department of Public Safety, Anchorage, Alaska, stated
that DPS policy and training is in line with SB 32. The use of
carotid restraint would only be used in situations where deadly
force is authorized.
SENATOR CLAMAN asked for examples of scenarios a trooper might
encounter in the field where deadly force and the use of the
chokehold would be authorized and where it would not be allowed.
CAPTAIN SIMS answered that if a trooper or law enforcement
officer's life were in danger, or they were in fear for their
life, the use of deadly force would be authorized. It would not
be authorized in situations where a person refused to exit their
vehicle or comply with an officer's demand to put their hands
behind their back.
SENATOR CLAMAN asked whether a chokehold would be authorized if
a person physically fights back when an officer is trying to
make an arrest.
CAPTAIN SIMS replied it would be authorized if the officer
feared their life was in danger.
SENATOR CLAMAN asked whether an officer might be authorized to
use a chokehold in a situation where they were intervening in a
fight.
CAPTAIN SIMS replied that the law currently allows an officer to
use such restraint if they can articulate that a person's life
was in danger.
SENATOR CLAMAN asked if the Department of Public Safety (DPS)
had a position on SB 32.
4:24:02 PM
CAPTAIN SIMS replied the department was neutral, but the bill
was in line with DPS policy.
SENATOR CLAMAN asked Joseph Gamache if the language in SB 32 was
consistent with the standards the Alaska Police Standards
Council had adopted.
4:24:20 PM
JOSEPH GAMACHE, Executive Director, Alaska Police Standards
Council (APSC), Anchorage, Alaska, confirmed that SB 32 was in
line and consistent to APSC standards.
SENATOR CLAMAN asked whether APSC permits the use of the carotid
hold only in situations in which deadly force is authorized and
none other.
MR. GAMACHE responded that APSC has a broader overview of the
law enforcement agencies throughout Alaska. Individual
departments have their own policies on when the use of deadly
force would be authorized.
SENATOR CLAMAN asked whether the Alaska Police Standards Council
had a position on SB 32.
MR. GAMACHE replied that APSC was neutral on SB 32.
4:26:01 PM
SENATOR WIELECHOWSKI asked Mr. Gamache if there were any
statistics relating to police officers in Alaska using
chokeholds.
MR. GAMACHE said he didn't have the statistics but he would
follow up with an answer.
SENATOR WIELECHOWSKI asked if he was aware of any disciplinary
actions that had been taken against Alaska police officers for
the inappropriate use of chokeholds.
MR. GAMACHE answered that he wasn't aware of any disciplinary
actions involving the use of a chokehold that had risen to the
APSC level.
SENATOR CLAMAN asked the sponsor or staff if APD's policy was
similar to DPS's policy; they may train for the use of
chokeholds but only authorize the use in situations where deadly
force is allowed. Alternatively, he asked if APD's policy
specifically does not allow the use of chokeholds.
4:27:56 PM
MS. ODOM stated that APD does not utilize chokeholds.
4:28:14 PM
CHAIR KAWASAKI closed public testimony on SB 32 and held the
bill in committee.