CS FOR SENATE BILL NO. 26 (FIN) "An Act relating to hindering prosecution and to providing false information or reports to a peace officer." MICHAEL PAULEY, STAFF, SENATOR LEMAN testified in support of the legislation. A detective in the Anchorage Police Department suggested the legislation as a useful tool for law enforcement and prosecutors to counteract those who use deception to thwart the criminal justice system. He observed that the Alaska State Troopers Alaska Association of Chiefs of Police, the Alaska Peace Officers Association, and Victims for Justice support the legislation. Mr. Pauley asserted that, in the criminal justice context, people typically employ deception in two ways: they lie to protect another person who has committed a crime, or they lie to protect themselves. The first situation of lying to protect another is addressed in section 1 of the bill; section 2 addresses the issue of lying to protect oneself. Mr. Pauley reviewed the legislation by section. He noted that section 1 makes it a crime to hinder prosecution by rendering assistance to another person who has committed a crime, with the intention of hindering the apprehension, prosecution, conviction, or punishment of the other person. The definition of "rendering assistance to another" includes using deception to prevent or obstruct the discovery or apprehension of that person. Under current statutes it would be a crime if a person lies to a police officer in order to stop another person who has committed a crime from being apprehended. Mr. Pauley explained that this statute applies only if a person lies to prevent apprehension of a person who has committed a crime that is punishable by imprisonment of greater than 90 days. This means that class B misdemeanors are not covered under existing law. class B misdemeanors include such offenses as disorderly conduct, harassment, misconduct involving weapons in the fifth degree, and criminal mischief in the fourth degree. Although these crimes are not the most serious offenses on the books, they do consume a significant amount of time and resources of both law enforcement agencies and the court system. It is the Sponsor's view that it is not appropriate for the statute to sanction deception under these circumstances. Senate Bill 26 amends the existing law to applies to all crimes, including class B misdemeanors. Section 2 of SB 26 amends current statute on making false reports (AS 11 .56.800). Under existing law, it is a crime to give false information to a police officer with the intent of implicating another in a crime. It is also a crime to give a false report to police that a crime has occurred or is about to occur. The legislation adds an additional provision, stating that it is a crime to provide false identity information to a peace officer while the person is under arrest, detention, or investigation for a crime, or while the person is being served with an arrest warrant of being issued a citation. Mr. Pauley observed that according to law enforcement personnel, false identity information can be a significant impediment to successful investigations and prosecutions. The law should not sanction this type of behavior. ANNE CARPENETI, ASSISTANT ATTORNEY GENERAL, LEGAL SERVICES SECTION, CRIMINAL DIVISION, DEPARTMENT OF LAW noted that concerns by the department have been addressed and that the Department of Law supports the legislation in its present form. Representative Foster questioned if there are any provisions that would preclude someone from having to give testimony, such as in the case of a spouse testifying against a spouse. Ms. Carpeneti noted that a spousal exception is contained under another statute and explained that the legislation addresses the person himself or herself that is under investigation or arrest for a crime from giving false information. In response to a question by Representative Foster, Ms. Carpeneti explained that it is against the law to hinder the apprehension of a person who has committed a misdemeanor. Representative Foster concluded that it would be better to say nothing rather than lie. Co-Chair Therriault observed that the legislation would address the issue of a person lying about their identity to a process server. In response to questions regarding a situation where a person lies about the presence of their spouse, Mr. Pauley referred to AS 11.56.770: (a) A person commits the crime of hindering prosecution in the first degree if the person renders assistance to a person who has committed a crime punishable as a felony with intent to (1) hinder the apprehension, prosecution, conviction, or punishment of that person; or (2) assist that person in profiting or benefiting from the commission of the crime. (b) For purposes of this section, a person "renders assistance" to another if the person (1) harbors or conceals the other person; Mr. Pauley observed that the statute requires demonstration of intent. Ms. Carpeneti added that the statue includes harboring or concealing another person. Co-Chair Therriault noted that this provision is under the existing law. The legislation would not change the elements of defense in any other way. Representative Grussendorf questioned how intimidation would affect the provision. Ms. Carpeneti observed that coercion would be a defense; the legislation does not change any of the defenses to hindering prosecution. Representative Grussendorf questioned if the burden of proof would be with the defender. Ms. Carpeneti responded that the state would have to demonstrate that there was intent. Vice Chair Bunde asked if there were specific cases that led to the legislation. Mr. Pauley responded that law enforcement officers contacted the sponsor with concerns regarding specific cases. He gave an example where a person was arrested and refused to give his identity. He lied about his identity in court. Vice Chair Bunde noted that it was the perpetrator that lied. Co-Chair Therriault pointed out that many of the Committee's questions and concerns are with existing law and not with the application of the law to all misdemeanors. Vice Chair Bunde MOVED to report CSSB 26 (FIN) out of Committee with the accompanying fiscal notes. There being NO OBJECTION, it was so ordered. CSSB 26(FIN) was REPORTED out of Committee with "no recommendation" and a fiscal impact note by the Department of Public Safety; a fiscal impact note by the Department of Corrections; a zero fiscal note by the Department of Public Safety; and a zero fiscal note by the Department of Law.