04/11/1995 08:40 AM House FIN

  HOUSE BILL 127                                                               
                                                                               
       "An Act increasing the minimum term of imprisonment for                 
       assaults in the fourth degree committed against a peace                 
       officer, fire fighter, correctional  officer, emergency                 
       medical technician, paramedic, ambulance  attendant, or                 
       other emergency responders."                                            
                                                                               
  Representative  Kelly  explained  that  the  intent  of  the                 
  proposed  legislation would be to enhance a serious tool for                 
  police officers  and others  on the  front line.   The  bill                 
  would increase the severity of punishment for acts committed                 
  against  a  police  officer  while  in  the  performance  of                 
  official duties.                                                             
                                                                               
  Representative Kelly added that the  bill would send a clear                 
  message to individuals  that once  the police have  arrived,                 
  the fight  must stop.   Expanding  the fracas  to include  a                 
  police officer would  result in  jail time.   He added,  the                 
  bill would also  discourage an officer  from "engaging in  a                 
  fair fight".                                                                 
                                                                               
  Representative Brown asked how  the legislation would extend                 
  time or would effect Village  Public Safety Officers (VPSO).                 
  Co-Chair Hanley responded  that Page 3, Line  30, Section #5                 
  would  clarify  the definition  of  "correctional employee".                 
  Representative Kelly pointed  out that the addition  of that                 
  language would include correctional nurses.                                  
                                                                               
  LT. TED BACHMAN, (TESTIFIED VIA TELECONFERENCE),  ANCHORAGE,                 
  testified in support of the proposed legislation.  He stated                 
  that  the  legislation on  Page  3, Line  30,  would provide                 
  language which would raise the minimum  term from 30 days to                 
  120 days,  creating  an increased  deterrent  factor  toward                 
  assaults during an arrest.                                                   
                                                                               
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  Representative Brown  asked  if the  language would  include                 
  VPSO's.  Lt. Bachman stated it would.                                        
                                                                               
  Representative Grussendorf questioned how a situation  would                 
  be handled  if an  officer was  inadvertently affected  when                 
  trying to  referee a  fight amongst  two other  individuals.                 
  Lt. Bachman responded that the  situation would be addressed                 
  by  the level of intent as defined in specific statutes.  If                 
  the nature of the injury was inadvertent, it may not rise to                 
  the level of  assault in the fourth degree.   Assault in the                 
  fourth  degree  defines  "recklessly"  as  causing  physical                 
  injury.                                                                      
                                                                               
  Representative Martin MOVED to report CS HB 127 (JUD) out of                 
  Committee  with  individual  recommendations  and  with  the                 
  accompanying fiscal notes.   There  being NO OBJECTIONS,  it                 
  was adopted.                                                                 
                                                                               
  CS HB  127 (JUD) was  reported out of  Committee with a  "do                 
  pass"  recommendation  and   with  a  fiscal  note   by  the                 
  Department  of Corrections  dated 2/22/95,  and  zero fiscal                 
  notes by the Department of Administration dated 3/22/95, the                 
  Department  of  Law  dated 2/22/95,  and  the  Department of                 
  Public Safety dated 2/22/95.