Legislature(1995 - 1996)

02/20/1996 09:15 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                                                                               
       HOUSE BILL NO. 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 Pete Kelly,  sponsor of HB 127,   was invited                 
  to join the  committee.  He stated the  bill was created due                 
  to increasing  violence to  police during  the execution  of                 
  their  duties.  It sends a clear  message to those who would                 
  assault a police  officer that  engaging in a  fight with  a                 
  police officer is a bad idea.  The  sentence was extended to                 
  include   emergency    responders,   correctional    nurses,                 
  firefighters  and  any other  emergency  personnel.   Due to                 
  technical flaws  in sentencing it was found that judges were                 
  prevented from  using aggravated factors on  felony assaults                 
  against police officers.  Fourth degree assault now includes                 
  threatening speech and the sixty day sentence arrived at was                 
  the same  formula  used in  felony  assault when  there  are                 
  aggravating factors.   He referred to  the fiscal note  from                 
  the Department of Law, 2/9/96.                                               
                                                                               
  Co-chairman  Halford   cited  the   fiscal  note   from  the                 
  Department  of   Law,  zero;   $21.4   from  Department   of                 
  Corrections; the rest are all zero.                                          
                                                                               
  Senator  Donley  asked  for  an  explanation  on  repealers.                 
  Representative  Kelly advised  that it  refers to  felonious                 
  assault  and  presumptive  sentencing.    Later  there   are                 
  aggravators.  If presumptive sentencing  is used regarding a                 
  police officer the aggravator can  not be used.  As  the law                 
  was written  the presumptive sentence was less  for a police                 
  officer  than for  a  normal  citizen.    That  section  was                 
  repealed in  the  presumptive sentencing  and felonious  C&B                 
  assaults and just allowed  the judge to use  the aggravator.                 
  As  long as  it  was in  presumptive sentencing  the judge's                 
  hands  were  tied.    Because  of  case law  it  was  double                 
                                                                               
                                                                               
  jeopardy.    A specific  provision  was repealed  to include                 
  peace  officers and correctional  officers.   Senator Donley                 
  referred to the definition of "peace officer" under Title 12                 
  and who all was included.                                                    
                                                                               
  Mr. Dean  Guaneli was  invited to  join the  committee.   He                 
  explained the law  enforcement community   is concerned  and                 
  feels the  current thirty-day  sentence is  not adequate  to                 
  address the matter  and deter people from  assaulting police                 
  officers.   Representative Kelly  advised that  Col. Godfrey                 
  from the Alaska State Troopers  was not available to testify                 
  today but referred  to the fact that  there has been a  jump                 
  from 66 assaults  in 1994 to  91 assaults in   1995 -  1996.                 
  This is viewed not as a spite but a trend.                                   
                                                                               
  Senator Frank asked if  this was because judges  were giving                 
  minimum  sentences  when  a  police  officer  is  assaulted.                 
  Representative Kelly advised that judges  have the option to                 
  sentence up to one year.  Mr. Guaneli noted that  in general                 
  when the legislature  imposes a minimum sentence  the judges                 
  ordinarily give that  sentence unless  there are  particular                 
  aggravating factors.  The ultimate jail time tends to  focus                 
  around the mandatory  minimum set forth by  the legislature.                 
  It is felt by judges that  it is foreseeable police officers                 
  may be assaulted  and that  is why they  choose the  minimum                 
  sentence  unless a  specific direction  otherwise.   Senator                 
  Frank asked the definition of assault.  Mr. Guaneli informed                 
  the  committee that assault can  simply be the infliction of                 
  some level of pain, a punch in the nose, a shove, just about                 
  anything  can rise to  the level  of a  misdemeanor assault.                 
  Senator Frank  commented on  not leaving  discretion to  the                 
  judges to look at the situation.                                             
                                                                               
  Representative Kelly reflected on a conversation with former                 
  police  chief from Fairbanks in that  there is an escalating                 
  level of violence against them and they feel that they would                 
  like the thirty-day  sentence raised.   The message must  be                 
  clearly  sent that this is a police  officer and it is hands                 
  off.    This must  extend  to  all  people  who are  in  the                 
  execution  of  their  duties  on  the  front  lines  of  law                 
  enforcement.  Senator Frank stated he felt the situation was                 
  very serious.  Mr. Guaneli  felt that a conversation between                 
  the police  chief association  or the  Department of  Public                 
  Safety and the Chief  Justice or perhaps at the  next judges                 
  training session  or their  annual conference  someone could                 
  come  before them  and express  the concern  that  these are                 
  serious  matters.   Judges  feel there  is  a wide  range of                 
  assaults and they try to base  their sentences on the facts;                 
  from the  officers stand point they see  largely the minimum                 
  sentence being imposed.   Senator  Donley and Senator  Frank                 
  referred to the sentencing commission.                                       
                                                                               
  Senator  Donley  asked   what  the  elements  were   for  AS                 
  11.41.230.   Mr. Guaneli  answered where by  words or  other                 
                                                                               
                                                                               
  conduct  one is placed in  fear of imminent physical injury.                 
  This subsection is  not usually  charged in connection  with                 
  police officers.  A  blow has to be landed.   Representative                 
  Kelly and Senator  Donley further  discussed that all  three                 
  classes of assault  are lumped  together under the  existing                 
  law.                                                                         
                                                                               
  Senator Zharoff  asked the difference  between "correctional                 
  employee" and "officer".  Representative Kelly  advised that                 
  a police officer  is trained in  closer contact with  felons                 
  and  murderers.   A  correctional  employee such  as kitchen                 
  help, nurse, etc. is not.  Therefore  the intent of the bill                 
  was to  include protection  for  correctional employees  who                 
  came in contact with the prisoners.                                          
                                                                               
  Senator  Frank  posed  a  hypothetical  case on  a  civilian                 
  assault.  Mr. Guaneli informed that  there is no minimum for                 
  assault on ordinary citizens.                                                
                                                                               
  Senator  Donley   MOVED  SCS   CSHB   127  with   individual                 
  recommendations  and  the accompanying  fiscal  note  of the                 
  Department of  Corrections in the amount of  $21.4.  Without                 
  objections  the  bill  was  REPORTED  OUT   with  individual                 
  recommendations and the fiscal note.                                         
                                                                               

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