Legislature(2005 - 2006)BUTROVICH 205
03/17/2005 03:30 PM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SB134 | |
| SB132 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 132 | TELECONFERENCED | |
| *+ | SB 134 | TELECONFERENCED | |
| *+ | SJR 8 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 134-POLICE INVESTIGATION STANDARDS/ARRESTS
3:40:30 PM
VICE-CHAIR THOMAS WAGONER announced SB 134 to be up for
consideration and asked for a motion to adopt the committee
substitute (CS).
SENATOR KIM ELTON moved CSSB 134, \Y version, as the working
document. There being no objection, it was so ordered.
3:41:14 PM
SENATOR CON BUNDE, Sponsor, told members he is expecting more
information from the Department of Public Safety (DPS) and asked
that the committee take no action until that information is
received.
He reported that Alaska has the unfortunate and shameful legacy
of leading the nation in sexual assaults. Alaska is diverse and
has many small communities. If those communities had more
resources, they would be better able to address the high level
of sexual assaults. SB 134 would require the Police Standards
Council to set a level of standards for investigation in sexual
assault cases and to enforce those standards. Small communities
may not have access to the latest techniques, equipment and
training and may be unaware of what the public might expect.
The legislation seeks to create a common standard so that the
expectations for police enforcement would be the same in
Anchorage as in a village. The Police Standards Council should
decide on the professionalism of any police officer regarding
discipline, reprimand and revocation of certification. With few
exceptions, police officers maintain high standards and do the
best job possible.
The Alaska Medical Association disciplines its own members and
the Police Standards Council should discipline police officers,
he asserted. The committee substitute addresses a requirement
for arrest by giving police officers more latitude to make
arrests based on probable cause.
3:45:54 PM
VICE-CHAIR WAGONER announced a brief at-ease at 3:46:44 PM.
3:47:36 PM
TAMARA DELUCIA, Office of Victims Rights, stated support for the
measure to standardize procedures and to require cases to be
submitted to the district attorney (DA) for review. This would
benefit victims in particular in light of the high rate of
sexual assault crimes in Alaska.
SB 134 provides a very good opportunity for the Police Standards
Council to level the playing field and bring rural communities
in line with investigation standards that exist in urban areas
such as Anchorage, Fairbanks and Juneau.
Small villages in rural communities are at a disadvantage
because of the lack of proximity to troopers and the type of law
enforcement system that's available. Anything that can be done
to assist Village Public Safety Officers (VPSO) in pursuing a
quality investigation can only be viewed as positive.
3:49:05 PM
SENATOR ELTON read new language from version Y:
(4) shall make an arrest at the time a peace officer
determines to be appropriate and when the peace
officer has reasonable cause to believe that a crime
has been committed and the person to be arrested has
admitted committing the crime to a peace officer or a
peace officer has listened to a recording of the
admission.
Having assumed it works that way now, he asked for an example to
the contrary.
MS. DELUCIA responded the Office of Victims' Rights doesn't
necessarily support the mandatory arrest provision, but it does
support Section 2 that allows the Council to adopt regulations
for minimum standards for the conduct of criminal
investigations. She particularly favors delivering investigation
results to the prosecutor, addressing victims safety concerns,
writing incident reports and securing the crime scene. Every
crime is different and certain evidence collection issues and
arrest determinations shouldn't be standardized. However, for
the most part they support the opportunity for APSC to set
standards.
VICE-CHAIR WAGONER noted that Senator Bunde wanted to address
the question as well.
SENATOR BUNDE referenced the new language and told Senator Elton
that unfortunately that isn't the case. SB 134 is the result of
a conversation with a constituent about an assault that occurred
in which the offender admitted guilt, but no arrest took place.
In discussing the situation with police authorities, he learned
the police often do not arrest a person early in the
investigation so that they can build a stronger case.
His concern relates to the need to protect the public while not
tying the hands of law enforcement. He suggested placing the
names of such suspects in the system to assist in investigating
other unsolved cases because many offenders are actually re-
offenders.
SENATOR ELTON asked if the decision to wait to arrest is based
on the premise that you don't arrest the "little fish" to find
the "bigger fish."
SENATOR BUNDE said an arrest might be delayed so that the big
fish is thoroughly hooked before prosecution begins.
3:53:37 PM
MS. SARALYN TABACHNICK, Executive Director, Aiding Women in
Abuse and Rape Emergencies (AWARE), spoke on behalf of victims
of sexual assault and domestic violence. She explained that the
crime of assault or rape is one of the most difficult to report
because victims often feel shame or a sense of responsibility.
Judgments are made about rape survivors that aren't made about
other violent crimes survivors.
Typically peace officers do a good job of investigating domestic
and sexual assaults, but sexual assault survivors need messages
that are clear in words and action so they know an investigation
is moving forward to build the best case possible. SB 134
provides accountability, which can have a tremendous impact on
holding offenders accountable and allowing survivors to heal
from the victimization.
3:55:52 PM
VICE-CHAIR WAGONER announced he would set CSSB 134, version Y,
aside until next week.
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