Legislature(2007 - 2008)CAPITOL 120
03/28/2007 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB164 | |
| SB45 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 45 | TELECONFERENCED | |
| += | HB 90 | TELECONFERENCED | |
| + | HB 164 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 45 - PEACE OFFICER CONVICTED OF MURDER 3:08:35 PM VICE CHAIR DAHLSTROM announced that the final order of business would be CS FOR SENATE BILL NO. 45(JUD), "An Act relating to murder in the first degree." VICE CHAIR DAHLSTROM returned the gavel to Chair Ramras. 3:09:38 PM SENATOR DONNY OLSON, Alaska State Legislature, sponsor, after offering recognition of all the hard work done by Alaska's law enforcement personnel, relayed that SB 45 is intended to address a situation in which a police officer violates the public trust by using his/her position to commit murder. He explained that SB 45 mandates that the maximum penalty be applied in situations where a police officer is found guilty of using his position to commit the crime of murder in the first degree, noted that SB 45 is supported by the Department of Law (DOL), and asked that the committee vote favorably on the bill. 3:12:30 PM GAIL SCHUBERT, Executive Vice President & General Counsel, Bering Straits Native Corporation, said that on behalf of the corporation and the residents of the Bering Straits region, she is respectfully requesting that the House Judiciary Standing Committee name SB 45 the "Sonya Ivanoff Law." This name was not included in the original bill, was added in the Senate State Affairs Standing Committee, and was deleted by the Senate Judiciary Standing Committee, Ms. Schubert explained. She then provided some personal information about the late Sonya Ivanoff, and relayed that on May 26, 2006, the corporation's board of directors adopted a resolution in support of the proposed new law as did the Norton Sound Health Corporation, the Alaska Federation of Natives, and Kawerak, Inc. The Bering Straits Native Corporation took this action for a variety of reasons, one being that the law enforcement officer who murdered Sonya Ivanoff had a fundamental and sworn duty to serve the community, safeguard lives and property, protect the public, and respect the constitutional rights of all to liberty, equality, and justice. MS. SCHUBERT said: "We believe that law enforcement officers should rightfully be held to a higher standard because of their position of authority and responsibility." At the trial, she relayed, it was found that the law enforcement officer used his authority to lure Sonya Ivanoff into his police vehicle, after which he savagely murdered her. In doing so, the law enforcement officer breached his fundamental duty as a police officer and set forth a tidal wave of distrust against law enforcement officers and the judicial system that has reverberated throughout the Native community in western Alaska. During the sentencing hearing, she relayed, the State's prosecutor cited AS 12.55.125 as justification for imposing a prison sentence of 99 years; the State's attorney - Rick Svobodny - opined that an equivalent sentence should result if a police officer is convicted of murder in the first degree for a crime committed while the officer is on duty, and the presiding judge - Ben Esch - agreed and imposed the maximum prison sentence of 99 years. MS. SCHUBERT said that the Bering Straits Native Corporation board of directors believes that the legislature has an opportunity to restore confidence in the justice system for all Alaska residents and to ensure that justice is equally applied. In conclusion, she said that the corporation's board and the residents of the [Bering Strait region] strongly urge that SB 45 be named the "Sonya Ivanoff Law" so that the death of this vibrant young woman will not have been in vain. CHAIR RAMRAS said that the committee would research the issue of whether it is possible to name legislation after someone specific. REPRESENTATIVE LYNN, noting that he is a former police officer, observed that this type of crime gives a black eye to law enforcement officers everywhere. Therefore, he opined, even if it is possible to name SB 45 after Sonya Ivanoff, doing so would remind the public of the evil deed of one police officer who did not represent the law enforcement community as a whole. REPRESENTATIVE DAHLSTROM opined that Mr. Svobodny represented the State extremely well during the aforementioned trial. 3:18:49 PM REPRESENTATIVE DAHLSTROM moved to report CSSB 45(JUD) out of committee with individual recommendations and the accompanying fiscal notes. CHAIR RAMRAS, after ascertaining that no one else wished to testify, closed public testimony on SB 45. REPRESENTATIVE HOLMES said she doesn't want SB 45 to interfere with the ability of law enforcement officers to perform their duties. SENATOR OLSON said it is not his intention to prohibit law enforcement officers from fulfilling their duties. He pointed out that SB 45 will only apply when a law enforcement officer is found guilty of first degree murder and used his/her position to commit that murder; SB 45 is not going to affect a police officer during his/her normal line of duty. REPRESENTATIVE LYNN offered his understanding that HB 45 won't apply in accidental shooting situations; it would only apply in instances of premeditated murder. REPRESENTATIVE GRUENBERG characterized the title of the bill as being very broad, and referred to the language being added to AS 12.55.125(a): "(5) the court finds by clear and convincing evidence that the defendant is a peace officer who used the officer's authority as a peace officer to facilitate the murder". He referred to the Blakely v. Washington, 124 S. Ct. 2531 (U.S., 2004) case, and questioned whether the phrase, "the court finds by clear and convincing evidence" would be interpreted to be referring to a jury. 3:24:31 PM ANNE CARPENETI, Assistant Attorney General, Legal Services Section-Juneau, Criminal Division, Department of Law (DOL), said that the DOL is of the opinion that SB 45 does not raise a Blakely issue because it doesn't provide for a sentence beyond the maximum sentence within a specific sentencing range; under SB 45, the jury won't have to find an aggravating factor in order to impose the sentence of 99 years because that sentence is the only sentence available for the crime listed therein. In response to comments and a question, she offered to provide the committee with documentation that will support the DOL's opinion on this issue. REPRESENTATIVE GRUENBERG asked whether the phrase, "clear and convincing evidence" provides a high enough standard to withstand a constitutional challenge. MS. CARPENETI offered her belief that it will, and offered to get the committee further information on that point. In response to further questions, she surmised that the definition of "peace officer" found in Title 1 is broader than the definition of "police officer" found in Title 18, and that the sponsor intended to use the same term in proposed AS 12.55.125(a)(5) as is currently used in AS 12.55.125(a)(1) - that term being "peace officer". REPRESENTATIVE GRUENBERG said he is questioning whether the definition should be broadened further. MS. CARPENETI indicated that the term "peace officer" has been used in the past, and that the DOL is comfortable with that term as currently defined. REPRESENTATIVE DAHLSTROM withdrew her motion to report CSSB 45(JUD) from committee. 3:30:45 PM CHAIR RAMRAS made a motion to adopt Amendment 1, labeled 25- LS0183\A.2, Luckhaupt, 1/29/07, which read: Page 1, following line 2: Insert a new bill section to read: "* Section 1. The uncodified law of the State of Alaska is amended by adding a new section to read: SHORT TITLE. This Act may be known as the Sonya Ivanoff Act." Page 1, line 3: Delete "Section 1" Insert "Sec. 2" Renumber the following bill section accordingly. Page 2, line 13: Delete "Section 1" Insert "Section 2" REPRESENTATIVE LYNN objected, and reiterated his belief that naming the bill after the victim will tend to give a black eye to law enforcement agencies. CHAIR RAMRAS relayed that the sponsor has indicated to him that he favors Amendment 1. A roll call vote was taken. Representatives Coghill, Samuels, Holmes, Gruenberg, Dahlstrom, and Ramras voted in favor of Amendment 1. Representative Lynn voted against it. Therefore, Amendment 1 was adopted by a vote of 6-1. 3:32:05 PM REPRESENTATIVE DAHLSTROM moved to report CSSB 45(JUD), as amended, out of committee with individual recommendations and the accompanying zero fiscal notes. There being no objection, HCS CSSB 45(JUD) was reported from the House Judiciary Standing Committee.
| Document Name | Date/Time | Subjects |
|---|