HOUSE BILL NO. 405 "An Act relating to failing to stop a vehicle when directed to do so by a peace officer." JAMES HORNADAY, STAFF, REPRESENTATIVE PETE KOTT, stated that HB 405 would increase penalties for drivers who do not stop at the direction of a police officer. Failure to stop at the direction of a police officer is an offense in the first degree, which would be a Class C felony. Failure to stop at the direction of a peace officer, a second-degree offense, would occur if a person knowingly failed to stop in a safe manner as soon as possible, which would be tried as a Class A misdemeanor. The crime of eluding a police officer is inherently dangerous for pedestrians, other drivers and innocent bystanders. Mr. Hornaday summarized that by increasing the penalties for this crime will help deter potentially dangerous behavior and will better align the severity of punishment with the severity of the crime. Co-Chair Therriault noted concern with the fiscal impact of the legislation. BRUCE RICHTER, (TESTIFIED VIA TELECONFERENCE), CAPTAIN, ANCHORAGE POLICE DEPARTMENT, ANCHORAGE, testified in support of the legislation. He commented that the Anchorage Police Department is looking for a tool to be better able to tract and identify drivers during illegal actions. Representative Mulder asked if there was an option to impose a large fine as opposed to imprisonment. Captain Richter replied, often, when police attempt to take the vehicle, there is a lien in place against it. These vehicles are usually bought with borrowed money through a bank. Mr. Richter added, many of the drivers are often alcohol impaired and, also, are teenagers. Representative Mulder spoke to overcrowding currently existing in the State prisons system. LARENCE ZAGER, (TESTIFIED VIA TELECONFERENCE), CAPTAIN, ANCHORAGE POLICE DEPARTMENT, ANCHORAGE, echoed Captain Richter's support of the proposed legislation. He pointed out that the legislation has support of all police officers. The nature of driving during a chase is very dangerous making this a public safety issue. The legislation will increase the crime to a felony which will translate to a higher number of incarcerated people. ROBERT GRIFFITHS, (TESTIFIED VIA TELECONFERENCE), POLICE OFFICIER, ANCHORAGE POLICE DEPARTMENT, ANCHORAGE, pointed out that the tools of the proposed law will provide prosecutors with an effective leverage for plea bargaining. This could have a positive fiscal impact on expediting cases. He added, the goal of the legislation is to act as a deterrent to those offenders considering whether to flee or not. Co-Chair Therriault asked how the information would be publicized if the law were passed. Mr. Griffiths replied that there is a Public Affairs section within the Anchorage Police Department whose main responsibility it is to inform the public of such changes to law. KEITH CORDELL, VICE PRESIDENT, ANCHORAGE POLICE DEPARTMENT EMPLOYEES ASSOCIATION, ANCHORAGE, emphasized that this is a serious concern for the Anchorage police. Every officer supports the action as the bill would act as a important deterrent. Representative J. Davies asked if the "bumped up" portion of the bill would address for the most part moving violations and driving while intoxicated (DWI). He asked if the legislation could only address those violations which are dangerous. Police Officer Cordell replied that could be possible with passage of an amendment. CHRIS STOCKARD, CAPTAIN, DEPARTMENT OF PUBLIC SAFETY, noted that the Department supports the legislation. He estimated that there could be between 50 and 200 qualifying offenses each year. The presumption is that they would not be prosecuted as felons. JED WHITTAKER, SELF, JUNEAU, testified in opposition to HB 405. He emphasized that this is poorly written "police state" legislation and does not distinguish between people who are pedestrians and those driving cars. Mr. Whittaker summarized that the legislation will not make the streets safer. Representative J. Davies countered that the language refers to moving vehicles only. DEPUTY CHIEF WELCH, (TESTIFIED VIA TELECONFERENCE), FAIRBANKS POLICE DEPARTMENT, FAIRBANKS, emphasized that the police are looking for ways to deter people from fleeing from police and vehicles. Those people place the public and officers at great risk. He suggested that the fiscal costs indicated are probably higher than the actual costs would be. He urged Committee members to support the proposed legislation. HB 405 was HELD in Committee for further consideration. (Tape Change HFC 98- 136, Side 2).