SB 45-PEACE OFFICER CONVICTED OF MURDER    4:10:44 PM CHAIR FRENCH announced the consideration of SB 45. [CSSB 45(STA) was before the committee.] SENATOR DONALD OLSON, sponsor of SB 45, paraphrased the following sponsor statement: SB 45 mandates the maximum sentence for first-degree murder when committed by an on-duty peace officer. This legislation derives from the Nome murder of Sonya Ivanoff, a well-known and well-liked young girl in the Bering Straits region. The investigation and subsequent conviction of the police officer responsible for the murder caused much anguish and consternation for both the Ivanoff family and the region's population in general. At the police officer's sentencing, the judge agreed with the state prosecutor's recommendation that the maximum penalty should be imposed. His rationale was that while state law mandates the maximum penalty when a peace officer is murdered while acting in the line of duty [AS 12.55.125(a)(1)], first-degree murder by a peace officer acting in a position of trust and public protection was equally egregious. SB 45 provides sentencing parity for the protection of our guardians of civil law and order and for the public trust in their activities and responsibilities. 4:12:28 PM CHAIR FRENCH said he understands that the concerns that several law enforcement agencies expressed during the state affairs hearing were addressed through amendments made in that committee. SENATOR OLSON said that is correct. The state affairs CS has support from the Department of Law, the Alaska Federation of Natives, Kawerak, Inc., and the Bering Straits Native Corporation. Also, the Department of Public Safety has no objection to the amended version. SENATOR THERRIAULT asked if police officers who use their position of authority to commit other crimes face increased penalties for those crimes as well. SENATOR OLSON said he did not know. 4:13:47 PM LORETTA BULLARD, President, Kawerak, Inc., said she assumes that CSSB 45(STA) seeks to ensure that on-duty peace officers do not have to second-guess using deadly force when it's necessary to protect the public or themselves. She testified in support of the concept encompassed in the bill, but she questioned what constitutes clear and convincing evidence that a peace officer used his or her authority to facilitate a murder. Perhaps Mr. Svobodny could provide information on that, she said. MS. BULLARD recommended that any police officer who is convicted of premeditated first-degree murder should receive a mandatory 99-year sentence without possibility for parole or early release. By virtue of their position in society and the public trust, police officers should be held to the highest possible standard. If the public trust and the oath to protect the public is violated, the sentence ought to be commensurate to the violation. 4:16:23 PM CHAIR FRENCH closed public testimony and opened the bill for discussion and amendment from the committee members. SENATOR THERRIAULT asked if the bill differentiates between on- duty and off-duty. CHAIR FRENCH noted that there was good testimony on that in state affairs. He asked Mr. Svobodny to give that same information. 4:17:12 PM RICHARD SVOBODNY, Chief Assistant Attorney General, Criminal Division, Department of Law (DOL), said in the Sonya Ivanoff case the conduct was both on-duty and off-duty. The new language includes both as long as the peace officer is using his or her authority. CHAIR FRENCH recapped a distinction Mr. Svobodny drew before about a hypothetical instance where a police officer was having a domestic dispute with his wife. The wife took the couple's child to the police station to do a custody transfer and, totally outside his role as a police officer, he murdered his wife. Although that would be a horrible crime and the officer would be punished, SB 45 does not address that sort of instance. The intent is to get at the officer who uses the official badge, car, or uniform to facilitate the commission of murder. That is what brings the 99-year sentence to bear, he stated. MR. SVOBODNY responded to an earlier question and said Mr. Owens was also charged with official misconduct, which is an A misdemeanor offense. The court severed that charge and found no need to go forward with that prosecution after he was sentenced for the murder. SENATOR THERRIAULT asked what would happen if the police officer used his authority to gain information about someone, but did not use the information until he was off duty. "Would that be swept in under this?" he asked. MR. SVOBODNY said a judge would need to be convinced with clear and convincing evidence that the officer used his position of authority to gain that information. Given that example it could go either way, he said. CHAIR FRENCH asked Mr. Svobodny to remind the committee of the various standards of proof. MR. SVOBODNY relayed that in criminal cases there are four standards of proof. 1) Probable cause is the standard that is something less than 50 percent and is used to obtain a search warrant. 2) Preponderance of the evidence means more than 50 percent and is the standard that would be used for an evidentiary call. 3) Clear and convincing evidence is substantially greater than preponderance and is more than 50 percent. It firmly establishes a position. 4) Beyond a reasonable doubt is the standard that would cause a reasonable person to hesitate in the important affairs of life. 4:21:34 PM SENATOR HUGGINS stated for the record that he is an advocate of the death sentence. From his perspective the bill falls short because "singling out different agencies of people is a road I would prefer we don't go down too often." CHAIR FRENCH asked if the committee members had questions, comments or amendments to offer. SENATOR THERRIAULT made a motion to delete Section 1, which names a section in statute. SENATOR McGUIRE objected. A roll call was taken on the motion to delete Section 1 from SB 45. Senators Therriault, Huggins and Chair French voted in favor and Senators Wielechowski and McGuire voted against. Therefore Amendment 1 carried. CHAIR FRENCH found no further amendments and asked the will of the committee. SENATOR THERRIAULT made a motion to report CSSB 45(JUD) from committee with individual recommendations and attached fiscal note(s). There being no objection, it was so ordered.