Legislature(2021 - 2022)BUTROVICH 205
05/06/2021 03:30 PM Senate STATE AFFAIRS
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Audio | Topic |
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Start | |
SB108 | |
SB109 | |
SB82 | |
SB1 | |
SB4 | |
SB115 | |
SB83 | |
HB3 | |
SJR12 | |
SB91 | |
SB117 | |
Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
+= | HB 3 | TELECONFERENCED | |
+= | SB 83 | TELECONFERENCED | |
+ | SB 82 | TELECONFERENCED | |
*+ | SB 115 | TELECONFERENCED | |
*+ | SB 1 | TELECONFERENCED | |
*+ | SB 4 | TELECONFERENCED | |
+ | TELECONFERENCED | ||
+= | SB 108 | TELECONFERENCED | |
+= | SB 109 | TELECONFERENCED | |
+= | SJR 12 | TELECONFERENCED | |
+= | SB 91 | TELECONFERENCED | |
+= | SB 117 | TELECONFERENCED | |
SB 1-CHOKEHOLD BAN 4:40:05 PM CHAIR SHOWER announced the consideration of SENATE BILL NO. 1 "An Act prohibiting the use of chokeholds by peace officers; and relating to justification of use of force by peace officers." 4:40:23 PM SENATOR GRAY-JACKSON, Alaska State Legislature, Juneau, Alaska, sponsor of SB 1, stated that the recent civilian casualties by law enforcement has created real momentum to address a longstanding injustice. She related that her office has been working with Senator Begich's office to craft a series of bills to reduce police violence. She has talked to stakeholders throughout the process to ensure the proposals in SB 1 are fitting for Alaska. SENATOR GRAY-JACKSON reported that she engaged the Anchorage Police Department, Anchorage Police Employees Association, Public Safety Employees Association, and the National Organization of Black Law Enforcement Executives (NOBLE) during this process. Because of this proactive approach, she is confident in moving forward to implement public safety policy changes that will benefit both citizens and law enforcement officers. 4:43:10 PM SENATOR GRAY-JACKSON read the following sponsor statement for SB 1: Police use numerous restraints to restrain and limit the movement and overall activity of someone who poses a danger to themselves or to others (including the police officer). One of the most common restraints are carotid and tracheal chokes. Both restraints impede breathing and circulation of blood. If these restraints are used incorrectly, death through asphyxiation may occur. Throughout the United States, there are cases of the misuse of chokeholds. Senate Bill (SB) 1 would assist in reducing the rate of chokeholds used incorrectly. SB1 would further seek to improve police community relationships by addressing a longstanding issue around use of force. 4:43:59 PM BESSE ODOM, Staff, Senator Elvi Gray-Jackson, Alaska State Legislature, Juneau, Alaska, read the following sectional analysis for SB 1: Section 1. This section amends AS 11.81.370, the statute regarding use of force by a peace officer in making an arrest or terminating an escape by adding a new subsection that would prohibit the use of potentially lethal restraints. SENATOR REINBOLD offered her understanding that the Anchorage Police Department (APD) already had this prohibition and asked what particular Alaska peace officer group was being targeted. SENATOR GRAY-JACKSON agreed that APD prohibits choke holds and said she brought this forward because the policy is not in state statute. Therefore, a different APD police chief could decide to change the current policy. The bill would apply to peace officers throughout the state. CHAIR SHOWER turned to invited testimony. 4:46:39 PM PETER MLYNARIK, Board Member, Alaska Association of Chiefs of Police (AACP), Soldotna, Alaska, stated that he has been in law enforcement for 31 years, the last 9 of which have been as chief of police in Soldotna. He said AACP agrees that without proper training, the use of choke holds and carotid restraints can cause serious injury or death. It is not uncommon for departments to prohibit these types of force. AACP also believes that police agencies in Alaska have good policies regarding use of force and it is therefore unnecessary to mandate compliance in statute. He offered his professional opinion that the proper use of carotid restraints may prevent further injury. Whether or not this type of restraint is used should be made by the department. He said his experience is with the Alaska State Troopers and the Soldotna Police Department, but he understands that it is uncommon in Alaska to use a chokehold carotid restraint when dealing with an individual. SENATOR REINBOLD expressed appreciation for the input from the frontline. She commented on being a minority voice and offered her view that everyone should be heard. 4:50:14 PM MARK PEARSON, President, Alaska Peace Officers Association (APOA0, Soldotna, Alaska, stated that he has been active in law enforcement for the last 18 years and the APOA organization has been active in representing law enforcement for 75 years. He advised that when APOA had its annual meeting to discuss relevant legislation with AACOP, PSEA and APDA, they voted unanimously to oppose SB 1, SB 2, SB 3, SB 4, and SB 46. The reason for the opposition was the collective belief that policing regulation and certification should remain with the Alaska Police Standards Council and within individual departments. He said Alaska has unique challenges due to geography and limited backup and its peace officers do not respond in ways that might escalate the situation. He offered that his experience in remote locations is that somebody you arrest one day might be your backup another day, so everybody is treated with respect. MR. PEARSON challenged the information on BASIS indicating that APOA supports SB 1 and other policing bills because they sent letters of opposition for SB 1, SB 2, SB 3, SB 4, and SB 46. He said that as the current president of APOA he speaks for law enforcement throughout the state. He stressed that SB 1 would place officers at risk and would negatively affect recruitment and retention. SENATOR REINBOLD asked if the Alaska Police Standards Council (APSC) had a position. MR. PEARSON recalled that in a previous hearing APSC said these issues are already addressed in statute, but they did not take a specific position. CHAIR SHOWER said he was welcome to send his written testimony to ssta@akleg.gov. 4:56:46 PM SENATOR GRAY-JACKSON clarified that she never said that APOC was part of the process when she was working on the bill. 4:57:13 PM MS. ODOM confirmed that the sponsor's office did receive the letters of opposition from APOC. She emphasized that contrary to what the APOC letter stated, SB 1 does not take away decertification authority from the Alaska Police Standards Council. She added that the bill provides individual departments and agencies as to when it is safe to use these methods. She directed attention to the language on line 8 that read as follow: "...force is authorized by law and the policy of the entity that employs the officer." SENATOR GRAY-JACKSON added that her office worked diligently with the chair of the Alaska Police Standards Council. 4:59:16 PM CHAIR SHOWER opened public testimony on SB 1. 4:59:33 PM KATIE BOTZ, representing self, Juneau, Alaska, thanked the sponsor for SB 1 and SB 4 and asked the committee to pass both bills. She stated support for the police and related a concern she had heard that police officers in Juneau do not have the proper training to use choke holds. 5:01:21 PM MORGAN LIM, Planned Parenthood Alliance Advocate (PPAA), Juneau, Alaska, on behalf of PPAA, stated support SB 1 and SB 4 and urged the committee to move both bills forward. He said PPAA stands with Black, indigenous, and people of color communities as they seek to create communities where they feel safe. This involves transforming law enforcement. He said SB 1 is a first step towards reducing police use of force, including deadly force. He mentioned that SB 4 would prohibit police from discharging a firearm at a moving vehicle. He cited data that identifies Alaska as the second highest rate of police killings in the country and the second highest rate of police violence against Black and indigenous people. [His testimony was terminated due to time constraints.] 5:03:06 PM CEYLON MICHELL, representing self, Anchorage, Alaska, stated that as a retired sergeant with the Department of Corrections, he was testifying against SB 1 and SB 4. He said he has 45 years in law enforcement/corrections, and he has not found a more professional and well-trained group of officers than those that he worked with in Alaska. They take pride in serving the people of Alaska and they put their lives on the line for Alaskans every day. He emphasized that officers go to work each day to do their job to protect citizens and they also want to go home safely to their families. 5:04:29 PM DANIEL POTTER, representing self, Mat-Su Valley, Alaska, stated that he has been in law enforcement in Alaska for about seven years and has never seen a chokehold used. He shared that he had experienced choke holds numerous times while in the Army and he is "fine." He offered his belief that there was a lot of fear mongering associated with this method of restraint and that law enforcement was being over legislated. He stated opposition to both SB 1 and SB 4. 5:05:36 PM RON VIGIL, Anchorage Chapter President, Alaska Peace Officers Association, Anchorage, Alaska, stated opposition to SB 1, SB 4, and SB 46. He related that in his 24 years in law enforcement he has worked for departments that allow and departments that do not allow lateral vascular neck restraints. He knows the APSC sets the standards for the training that is required and to over legislate to Lower 48 standards is not appropriate for Alaska communities. He asked the committee not to pass the bills. 5:07:18 PM CHAIR SHOWER recessed the meeting to a call of the chair. 5:36:30 PM CHAIR SHOWER reconvened the meeting. A roll call showed the presence of SENATOR COSTELLO in capitol room 118 and SENATOR HOLLAND in capitol room 113 and CHAIR SHOWER in the committee room. 5:37:26 PM CHAIR SHOWER closed public testimony on SB 1 and held the bill in committee.