HB 171 - ARRESTS FOR MISDEMEANORS 1:59:19 PM CHAIR GATTO announced that the next order of business would be HOUSE BILL NO. 171, "An Act relating to arrests without warrants by peace officers for certain misdemeanors." [Left pending from the hearing on 3/28/11 was the motion to adopt Conceptual Amendment 1.] REPRESENTATIVE HOLMES withdrew Conceptual Amendment 1, which read [original punctuation provided]: Page 2, line 5 following "AS 11.41": Insert "and there is reasonable cause to believe arrest without warrant is a practical necessity to prevent imminent physical harm to the public" 2:01:04 PM REPRESENTATIVE HOLMES then made a motion to adopt Conceptual Amendment 2, which read [original punctuation provided]: Page 1, lines 1 - 2: Delete "certain misdemeanors" Insert "assault in the fourth degree or an  ordinance with elements similar to assault in the  fourth degree under certain circumstances" Page 2, lines 3 - 5: Delete all material and insert: "(D) committed assault in the fourth degree  under AS 11.41.230 or an ordinance with elements  similar to assault in the fourth degree under  AS 11.41.230 and the officer has reasonable cause to  believe arrest without warrant is necessary to prevent  imminent physical harm to a person;" REPRESENTATIVE PRUITT objected for the purpose of discussion. REPRESENTATIVE HOLMES explained that Conceptual Amendment 2 would narrow the scope of HB 171 such that its proposed warrantless-arrest authority would apply only in situations involving the misdemeanor crime of assault in the fourth degree or a local ordinance with similar elements, and only when the officer has reasonable cause to believe that a warrantless arrest is necessary to prevent imminent physical harm from occurring. The intent is to ensure that law enforcement officers have the ability to prevent further harm from occurring even when they don't witness the initial assault, without having the bill apply to all other misdemeanor offenses against the person. 2:02:53 PM KENDRA KLOSTER, Staff, Representative Cathy Munoz, Alaska State Legislature, relayed that Representative Munoz, HB 171's sponsor by request, was amenable to Conceptual Amendment 2. REPRESENTATIVE PRUITT removed his objection. CHAIR GATTO, noting that there were no further objections, announced that Conceptual Amendment 2 was adopted. REPRESENTATIVE THOMPSON began a motion to report the bill from committee but then withdrew it. 2:04:44 PM REPRESENTATIVE GRUENBERG made a motion to adopt Conceptual Amendment 3, to add to Amendment 2's proposed new subparagraph (D) the words, "that an" after the word, "believe", and the word, "a" after the word, "without". There being no objection, Conceptual Amendment 3 was adopted. 2:06:45 PM REPRESENTATIVE THOMPSON moved to report HB 171, as amended, out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, CSHB 171(JUD) was reported from the House Judiciary Standing Committee.