Legislature(2007 - 2008)BUTROVICH 205
02/08/2007 03:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB69 | |
| SB45 | |
| SB69 | |
| SB64 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 64 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 69 | TELECONFERENCED | |
| += | SB 45 | TELECONFERENCED | |
| += | SB 69 | TELECONFERENCED | |
| += | SB 5 | TELECONFERENCED | |
SB 45-PEACE OFFICER CONVICTED OF MURDER
4:10:44 PM
CHAIR FRENCH announced the consideration of SB 45. [CSSB 45(STA)
was before the committee.]
SENATOR DONALD OLSON, sponsor of SB 45, paraphrased the
following sponsor statement:
SB 45 mandates the maximum sentence for first-degree
murder when committed by an on-duty peace officer.
This legislation derives from the Nome murder of Sonya
Ivanoff, a well-known and well-liked young girl in the
Bering Straits region. The investigation and
subsequent conviction of the police officer
responsible for the murder caused much anguish and
consternation for both the Ivanoff family and the
region's population in general.
At the police officer's sentencing, the judge agreed
with the state prosecutor's recommendation that the
maximum penalty should be imposed. His rationale was
that while state law mandates the maximum penalty when
a peace officer is murdered while acting in the line
of duty [AS 12.55.125(a)(1)], first-degree murder by a
peace officer acting in a position of trust and public
protection was equally egregious.
SB 45 provides sentencing parity for the protection of
our guardians of civil law and order and for the
public trust in their activities and responsibilities.
4:12:28 PM
CHAIR FRENCH said he understands that the concerns that several
law enforcement agencies expressed during the state affairs
hearing were addressed through amendments made in that
committee.
SENATOR OLSON said that is correct. The state affairs CS has
support from the Department of Law, the Alaska Federation of
Natives, Kawerak, Inc., and the Bering Straits Native
Corporation. Also, the Department of Public Safety has no
objection to the amended version.
SENATOR THERRIAULT asked if police officers who use their
position of authority to commit other crimes face increased
penalties for those crimes as well.
SENATOR OLSON said he did not know.
4:13:47 PM
LORETTA BULLARD, President, Kawerak, Inc., said she assumes that
CSSB 45(STA) seeks to ensure that on-duty peace officers do not
have to second-guess using deadly force when it's necessary to
protect the public or themselves. She testified in support of
the concept encompassed in the bill, but she questioned what
constitutes clear and convincing evidence that a peace officer
used his or her authority to facilitate a murder. Perhaps Mr.
Svobodny could provide information on that, she said.
MS. BULLARD recommended that any police officer who is convicted
of premeditated first-degree murder should receive a mandatory
99-year sentence without possibility for parole or early
release. By virtue of their position in society and the public
trust, police officers should be held to the highest possible
standard. If the public trust and the oath to protect the public
is violated, the sentence ought to be commensurate to the
violation.
4:16:23 PM
CHAIR FRENCH closed public testimony and opened the bill for
discussion and amendment from the committee members.
SENATOR THERRIAULT asked if the bill differentiates between on-
duty and off-duty.
CHAIR FRENCH noted that there was good testimony on that in
state affairs. He asked Mr. Svobodny to give that same
information.
4:17:12 PM
RICHARD SVOBODNY, Chief Assistant Attorney General, Criminal
Division, Department of Law (DOL), said in the Sonya Ivanoff
case the conduct was both on-duty and off-duty. The new language
includes both as long as the peace officer is using his or her
authority.
CHAIR FRENCH recapped a distinction Mr. Svobodny drew before
about a hypothetical instance where a police officer was having
a domestic dispute with his wife. The wife took the couple's
child to the police station to do a custody transfer and,
totally outside his role as a police officer, he murdered his
wife. Although that would be a horrible crime and the officer
would be punished, SB 45 does not address that sort of instance.
The intent is to get at the officer who uses the official badge,
car, or uniform to facilitate the commission of murder. That is
what brings the 99-year sentence to bear, he stated.
MR. SVOBODNY responded to an earlier question and said Mr. Owens
was also charged with official misconduct, which is an A
misdemeanor offense. The court severed that charge and found no
need to go forward with that prosecution after he was sentenced
for the murder.
SENATOR THERRIAULT asked what would happen if the police officer
used his authority to gain information about someone, but did
not use the information until he was off duty. "Would that be
swept in under this?" he asked.
MR. SVOBODNY said a judge would need to be convinced with clear
and convincing evidence that the officer used his position of
authority to gain that information. Given that example it could
go either way, he said.
CHAIR FRENCH asked Mr. Svobodny to remind the committee of the
various standards of proof.
MR. SVOBODNY relayed that in criminal cases there are four
standards of proof. 1) Probable cause is the standard that is
something less than 50 percent and is used to obtain a search
warrant. 2) Preponderance of the evidence means more than 50
percent and is the standard that would be used for an
evidentiary call. 3) Clear and convincing evidence is
substantially greater than preponderance and is more than 50
percent. It firmly establishes a position. 4) Beyond a
reasonable doubt is the standard that would cause a reasonable
person to hesitate in the important affairs of life.
4:21:34 PM
SENATOR HUGGINS stated for the record that he is an advocate of
the death sentence. From his perspective the bill falls short
because "singling out different agencies of people is a road I
would prefer we don't go down too often."
CHAIR FRENCH asked if the committee members had questions,
comments or amendments to offer.
SENATOR THERRIAULT made a motion to delete Section 1, which
names a section in statute.
SENATOR McGUIRE objected.
A roll call was taken on the motion to delete Section 1 from SB
45. Senators Therriault, Huggins and Chair French voted in favor
and Senators Wielechowski and McGuire voted against. Therefore
Amendment 1 carried.
CHAIR FRENCH found no further amendments and asked the will of
the committee.
SENATOR THERRIAULT made a motion to report CSSB 45(JUD) from
committee with individual recommendations and attached fiscal
note(s). There being no objection, it was so ordered.
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