HB 80 - SELF DEFENSE 1:07:43 PM CHAIR GATTO announced that the first order of business would be HOUSE BILL NO. 80, "An Act relating to self defense in any place where a person has a right to be." 1:09:46 PM ROY BURKHART, offering an example of someone drinking at a party who goes outside for some reason but then gets confused and goes into the wrong house and then gets shot, asked how many times something like that's happened, and how many times there have been situations wherein someone mistakenly thinking he/she is entering his/her own home then shoots the real resident. Mr. Burkhart relayed that one time at about 3 a.m., an inebriated man came banging on his door, and Mr. Burkhart got his pistol ready only to find out that the man was simply hoping that someone in the house would wake up and call him a cab home; that situation could have had a far different ending had the man come through the door instead of staying out in the yard. He asked the committee to keep such examples in mind. CHAIR GATTO, after ascertaining that no one else wished to testify, closed public testimony on HB 80. 1:11:43 PM REPRESENTATIVE THOMPSON made a motion to bring a new zero fiscal note [for the Department of Law (DOL)] before the committee. CHAIR GATTO explained that this zero fiscal note would not replace [the DOL's] original fiscal note of $450,000 but would instead simply accompany it. In response questions, he offered his recollection that the Department of Public Safety (DPS) testified that passage of HB 80 wouldn't affect the department's workload, and so he'd asked committee staff to draft a new fiscal note - a zero fiscal note from the committee - [for the DOL]. REPRESENTATIVE HOLMES objected to the motion. She offered her recollection that although the DPS had testified that HB 80 wouldn't affect the DPS, the DOL had testified that the bill would increase the DOL's workload because it would result in more people making the claim that they killed another person in self defense. CHAIR GATTO offered his understanding, though, that under HB 80, fewer such cases [would go to trial] and thus fewer DOL resources would be needed. 1:17:55 PM ANNE CARPENETI, Assistant Attorney General, Legal Services Section, Criminal Division, Department of Law (DOL), offered her recollection and the DOL's belief that a bill such as HB 80 would increase the number of such cases that go to trial and the number of self-defense claims that are raised. Under Alaska statutes, the DOL would have to disprove, beyond a reasonable doubt, that the defendant had the right [to kill someone] in self defense, and that can be difficult to do. In response to comments, she said it's the DOL's belief that under HB 80, more trials involving a claim of self defense are likely to occur because there would no longer be a duty to retreat from places a person had a right to be even if he/she could retreat safely, and relayed the DOL's disagreement that passage of HB 80 would result in the DOL simply choosing not to prosecute such cases. REPRESENTATIVE GRUENBERG made a motion to table the question of whether to bring the proposed new zero fiscal note before the committee. REPRESENTATIVE LYNN objected. The committee took an at-ease from 1:24 p.m. to 1:28 p.m. REPRESENTATIVE GRUENBERG withdrew his motion to table the question. REPRESENTATIVE THOMPSON withdrew his motion to bring a new zero fiscal note [for the Department of Law (DOL)] before the committee. 1:29:04 PM REPRESENTATIVE THOMPSON made a motion that the House Judiciary Standing Committee send a letter with HB 80 to the House Finance Committee asking it to review the DOL's original fiscal note. There being no objection, it was so ordered. CHAIR GATTO expressed concern about the existing language in AS 11.81.335(b) that says a person may not use deadly force if he/she "knows" that he/she can retreat with complete personal safety, because it requires a determination regarding what the person knew. REPRESENTATIVE GRUENBERG relayed that he has a concern with Alaska's self defense laws in general in that they are confusing and have engendered a lot of litigation. He expressed his hope that those laws would, at some point, either via HB 80 or another bill, be redrafted, either by the sponsor or the committee, so that they become simple and easy to apply, adding that he would be willing to help with effort. REPRESENTATIVE HOLMES expressed concern that people who aren't really acting in self defense will use HB 80 to get away with murder, that the DOL will find it too difficult to prosecute them, and offered her belief that the existing self defense statute already provides sufficient protection for those who are truly acting in self defense, that people are not required to make a split-second determination regarding whether they can retreat safely. CHAIR GATTO pointed out that the statutes could be amended again if the bill doesn't have the intended effect. 1:35:14 PM REPRESENTATIVE THOMPSON moved to report HB 80 out of committee with individual recommendations and the accompanying fiscal notes and the accompanying letter regarding the fiscal notes. There being no objection, HB 80 was reported from the House Judiciary Standing Committee.