Legislature(1995 - 1996)
02/21/1995 08:04 AM House STA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HSTA - 02/21/95 HB 127 - 120-DAY JAIL: ASSAULT ON OFFICERS Number 450 BRUCE CAMPBELL from Representative Pete Kellys staff came forward to testify on HB 127 in Representative Kellys absence. Mr. Campbell read the Sponsor Statement for HB 127, as follows: An act increasing the minimum term of imprisonment for assaults of the fourth degree committed against a peace officer, fire fighter, correctional officer, emergency medical technician, paramedic, ambulance attendant, or other emergency responders. "It is the intent of this bill to enhance a serious tool for police officers and others on the front line. It will increase the severity of punishment for acts committed against a police officer while in the performance of official duties. "This bill sends a clear message to individuals that once the police arrive the fight must stop. Alaska is not sending in our `tag team blue' for the next round. Expanding the fracas to include a police officer will result in jail time. "This bill also discourages an officer from `engaging in a fair fight.' There is no reason for such a fight to continue, and this bill makes that quite clear. "Although initially intended as a tool for police, it has even more meaning when applied to individuals with even less training or expectation of dealing with persons physically. Volunteers responding to a medical emergency, or fire, are neither equipped nor trained to handle assault or violence directed against their persons." VICE-CHAIR OGAN announced that Tom Stern from the State Troopers was on-line to testify. Number 470 MAJOR TOM STEARNS, Deputy Director, Alaska State Troopers, Department of Public Safety, testified via teleconference from Anchorage in support of HB 127. He voiced support from the entire Division of State Troopers. Colonel Godfrey had asked him to voice the Division of State Troopers support of the bill. The Colonel had several conversations with public safety leaders across the state, including Chief of Police, John Newell from Sitka, also the President of the Alaska Association of the Chiefs of Police. They are very supportive of HB 127, as well. Number 487 REPRESENTATIVE IVAN asked a question concerning the Village Public Safety Officers. He wondered if they fit under the definition of peace officer in HB 127. MAJOR STEARNS said they are not considered police officers and would not fall under this; however, the department responds to every assault on Village Public Safety Officers and makes arrests for all assaults. He said, to answer a question put by Representative Robinson, that it is departments position when they charge someone with assault to bring it to the District Attorneys Office. Generally, the assault on an officer is prosecuted. VICE-CHAIR OGAN asked about the statistics on the amount of people charged, per year, for this type of crime. He also asked Major Stearn if he thought this legislation would help. Number 508 MAJOR STEARNS said the department tracks assaults and there are somewhere between 50 and 70 assaults on troopers lodged as complains annually. He said he would hope this legislation will help to reduce these crimes. REPRESENTATIVE PORTER congratulated Major Sterns on his appointment, then confirmed with him that Village Public Safety Officers (VPSO) are still considered peace officers. He said the bill defines peace officers, so they would be covered in the bill. MAJOR STEARNS responded to Vice-Chair Ogans question, about the difference between a fourth degree assault and a third degree assault, saying that fourth degree assault is a higher degree of danger and threat by instrument. Number 547 JOE DAMEKO, First Sergeant, Alaska State Troopers, Department of Public Safety, came before the committee to testify about a statute defining the various degrees of assault. He said the general difference between third degree and fourth degree assault is that the third degree assault is prosecuted as a felony. It is usually as a result of either a serious physical injury to the victim, or that a dangerous instrument or weapon was used against the victim. A third degree assault would also include an eminent fear of serious physical injury; for instance, if someone were to point a gun at a person and threaten to kill them. Fourth degree assaults are generally the punching, kicking, and the scratches that police officers often receive in the process of making an arrest. He said that assaults on peace officers are increasing, and most are alcohol related. Number 576 VICTOR GUNN, Deputy Chief, Fairbanks City Police Department, also offered support of HB 127 by telephone. He felt that higher penalties for assault will reduce attacks on police officers. Generally, people are aware that there is a minimum jail time for assaulting a police officer, and it is far above what they would get for assaulting an average citizen. The theory applies to capital crimes committed against police officers or correctional officers; if a person is willing to assault a representative of the publics peace, think of what they would do to someone else. That is what he bases his testimony on. An officer in uniform represents society, and when a person is willing to assault a police officer, he is willing to assault society. VICE-CHAIR OGAN shared that he is a fire fighter and they also get into difficult situations. He is glad to see fire fighters included in the bill. Number 648 REPRESENTATIVE PORTER said he was pleased to make the motion to pass HB 127 out of committee with individual recommendations. Hearing no objection, the motion passed. REPRESENTATIVE ROBINSON commented that she was for the bill and had no objections; however, she did not want anyone under the illusion that this bill will change anything. Even so, it is a good policy to change the law.
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