HB 286-IMPERSONATING A PUBLIC SERVANT  CHAIR FRENCH announced the consideration of HB 286. JENNIFER BAXTER, Staff to Representative Nancy Dahlstrom, said HB 286 makes it a class C felony for impersonating a public servant in the first degree. A person commits this crime by violating AS 11.56.830 by pretending to be a peace officer. Currently it is a class B misdemeanor to impersonate any public servant. This bill targets those who intend to harm an individual or group while appearing as a person whose job it is to protect others and uphold the law. Class B misdemeanors usually bring little or no jail time unless the person has a significant criminal history. HB 286 will add teeth to existing law by providing law enforcement agencies with another tool. The bill serves as a strong deterrent for those who deliberately make choices that put families, neighbors and communities at risk. 2:34:47 PM JEFF LANDVATTER Alaska State Trooper and member of PSEA, said being a police officer is about trust. Society places high value on a police officer and you know you can trust them. So when someone pretends to be a police officer it breaks that public trust. What better way to strike terror in the community, he said. The legislature needs to send a clear message that the State of Alaska will not tolerate impersonating a police officer. 2:36:36 PM CHAIR FRENCH asked Trooper Landvatter if he has personal experience with people who have impersonated a police officer. TROOPER LANDVATTER described a situation in Juneau where a person bought a surplus police car and set it up to look authentic. He doesn't know if the person tried to impersonate an officer, but he clearly tried to imitate a police car. He has heard of other situations in Wasilla where someone actually pulled someone over. In the lower 48 people have been raped and murdered by someone impersonating a police officer and it's a concern that it could happen in this state. This is a preemptive law to protect Alaska, he said. 2:38:22 PM CHAIR FRENCH asked if the bogus police car was actually operated on the highway in Juneau. TROOPER LANDVATTER replied that he saw it being driven, but he doesn't know if the person tried to exercise authority to pull someone over. CHAIR FRENCH asked if he's ever come across a "cop wannabe." TROOPER LANDVATTER said yes. CHAIR FRENCH asked if that's part of the phenomenon here. TROOPER LANDVATTER said to a certain extent that might be the case. Becoming a trooper or police officer is a difficult process and some people simply aren't able to attain that goal. A certain number of those people end up hanging around police officers and some become volunteers and ride with officers to feel part of the action. Some also take it to the next step and do something on their own. 2:39:43 PM CHAIR FRENCH said that's an important line to cross and he's been puzzling with that here because laying a felony crime on someone is a very serious thing to do. If someone tries to exercise the authority of being an officer he's willing to stop the person with a harsh measure, but if someone does nothing more than drive a car that looks like a police car, it may not be right but he's not sure it's a felony. He said he's been puzzling with how to suss out that difference and has an amendment to offer. TROOPER LANDVATTER pointed out that it's the same as a person who puts on a uniform and walks down the street. He or she hasn't taken any action, but people are drawn to the uniform or the police car as a place of safety or a place to get help. 2:40:59 PM SENATOR HUGGINS relayed a personal experience and asked if a kid who speeds around in his dad's trooper vehicle with lights flashing would violate this law. TROOPER LANDVATTER responded that the kid would be using a patrol car without authorization to drive too fast so other elements of the law could be used in a prosecution. Pulling someone over elevates the act to the next level of impersonating an officer. Those are two different things. 2:42:05 PM CHAIR MCGUIRE suggested that the underlying statute is poorly written and perhaps it should be reviewed. For example, page 1, line 6, talks about pretending to be a police officer, which doesn't provide much detail and page 1, lines 10-12, talk about any act related to pretending to be a public servant, which is very broad. She asked if undercover agents are used on his police force because that could be a place for real mischief. Trooper Landvatter replied in the affirmative. She then asked how often citizen arrests occur and if this might be interpreted as impersonating a police officer. 2:44:34 PM TROOPER LANDVATTER replied those don't happen that often; most of the time it's in a shoplifting situation. SENATOR THERRIAULT commented that all the bills today have strange ties. He highlighted an issue from several years ago when the citizens of the sovereign nation of Chickaloon purchased a vehicle and began pulling people over on the Glenn Highway and issuing traffic tickets. He questioned whether that act would be impersonating a police officer. 2:45:42 PM TROOPER LANDVATTER clarified that he isn't an expert on this law, but his opinion is that if they're operating under a community or municipality then they have the authority to enforce local ordinances. 2:46:45 PM CHRIS GIFFORD, Vice President, Juneau Police Department Employees Association (JPDEA) and member of the Public Safety Employees Association (PSEA) stated support for HB 286 making it a felony crime to impersonate a police officer. Everyday brave men and women take an oath to protect and serve the state or community they work for, he said. They are expected to enforce laws, perform traffic stops, promote highway safety, fight the war on drugs, investigate violent crimes and more. Every time they contact someone they're entrusted with personal and confidential information. From childhood people are taught to trust police officers and go to them for help. That trust is an awesome responsibility that should be protected with the utmost care. When someone impersonates a police officer that trust is broken and the potential for harm is great. Elevating this crime to a more serious charge will possibly reduce the frequency of this crime. 2:50:01 PM BARRY SCHIMMACK said he is a concerned citizen from Chugiak who supports HB 286. He noted that he submitted written testimony and then relayed that in Colorado a bill was passed that has specifics disallowing the display of police lights. He described the brutal murder of his Colorado friend who was pulled over and tricked into believing she was with a legitimate police officer. In the Anchorage area there have been two instances of impersonating an officer in the last two years and as the father of three girls he is nervous about that sort of thing. Perhaps the bill needs more teeth, but he supports it fully because he doesn't want any Alaskan to meet the same fate as his friend. Knowing that this now is a felony crime hopefully will have an effect. 2:56:02 PM CHAIR FRENCH moved Amendment 1, 25-LS1169\A.1, Luckhaupt, and objected for discussion purposes. AMENDMENT 1 OFFERED IN THE SENATE TO: HB 286 Page 1, line 6, following "officer": Insert "and purports to exercise the authority of a peace officer in relation to another person" CHAIR FRENCH explained that the idea is that you have to do some act to exercise the authority of that badge, that car or those lights to interrupt someone's life and get access to their personal information. That steps over the line and indicates that you're a bad actor. 2:57:55 PM SENATOR THERRIAULT asked if there's a reason for not adding this to the other sections of statute. CHAIR FRENCH said that's a good suggestion. Current law talks about doing any act in that capacity and that is so broad that it would encompass driving down the road in a police car or walking around in a police uniform. But if the committee is interested in having all aspects of impersonation, he wouldn't object. He asked Mr. Luckhaupt why this idea shouldn't apply to both the B misdemeanor and the C felony. 2:58:50 PM JERRY LUCKHAUPT, Legislative Counsel, Legislative Legal and Research Services Division, said you could apply any requirements to this particular act. The existing statute talks about pretending to be a public servant and doing some act in that capacity. In his view just dressing up or driving a car that used to be a police vehicle isn't enough. You'd have to represent yourself as a police officer and pull someone over or call them and get information about another person. Those are examples of how these laws have been used in other states to sustain prosecutions. There haven't been prosecutions of exotic dancers, for example, who dress up like a cop because they aren't performing an official act. 3:01:10 PM SENATOR THERRIAULT observed that the amendment addresses the problem of pretending to be a peace officer in Section 1, but it doesn't address the problem of impersonating a public servant in Section 2. He suggested the committee consider tightening that section as well. CHAIR FRENCH said it's a good suggestion and he'd like the committee to take time to mull the question and work with the sponsor. He held HB 286 in committee with Amendment 1, 25- LS1169\A.1, pending.