Number 100 SB 309 - USE OF NONLETHAL AND DEFENSIVE WEAPONS CHAIRMAN GREEN brought SB 309 before the committee as the next order of business. SENATOR WARD, prime sponsor of SB 309, informed the committee that his son-in-law is a member of the SWAT team in Anchorage and that's how he became interested in the use of nonlethal firearms. CRAIG JOHNSON, staff to Senator Ward, explained that the bill will basically indemnify an officer who, while acting under his training and within the rules of engagement, fires what is known as a nonlethal projectile or a less lethal projectile which is designed to incapacitate but not kill an individual. As the law stands today, a police officer acting under instructions who fires this weapon and causes bodily harm is subject to liability. Mr. Johnson said SB 309 is patterned after a law in Iowa, and it has been crafted with the attorney from the Anchorage Police Officers Association. He said many of the state's law enforcement branches have indicated their support, in concept, for the legislation and they will have formal support once they have had the opportunity to review the bill. Mr. Johnson directed attention to an article in the members' backup from the Anchorage Daily News relating to an incident in Anchorage where a beanbag round was used successfully to keep a woman from committing suicide. He added that there have been cases where these weapons don't work as designed and beanbags have been the cause of at least five deaths in the U.S., and SB 309 keeps the police officer from being responsible for using deadly force. Number 155 SENATOR MACKIE commented that read the article in the Anchorage Daily news, and having that having been a police officer, he thought that in that instance it was a pretty good use of nonlethal force, but he asked if that currently was not allowable. MR. JOHNSON replied that it's allowable to use the weapon, but Alaska law does not protect the officer from liability in the event the lady decides to file a lawsuit against him . This was a projectile launched from a weapon capable of being lethal and under Alaska law that is lethal force. SB 209 makes it a nonlethal use of a potentially lethal weapon. SENATOR MACKIE asked if an officer shoots somebody with a "nonlethal weapon' and it kills them, is it correct that the officer can't be sued for using a lethal weapon because it was supposed to be nonlethal even though it killed the individual. MR. JOHNSON responded that would be correct at long as the officer was acting within the training under the guidelines of the police force. SENATOR WARD noted police officers have to undergo training in order to become certified to use these weapons and right now only 30 out of 350 police officers in Anchorage are qualified to use them. Number 215 CHAIRMAN GREEN commented that a bigger concern might be the chance of someone being injured rather than being killed, and then filing an action against a police officer. Number 300 BILL PARKER, Deputy Commissioner, Department of Corrections, voiced the department's support for SB 309. He noted that the correctional officers preferred to be called "officers" not "guards' as they are referred in two places in the bill. Number 320 SENATOR MACKIE moved the following amendment to SB 309: Amendment No. 1 Page 1, lines 5 and 7: Delete "guards" and "guard" and replace with "correctional officers" and correctional officers" Hearing no objection, the amendment was adopted. CRAIG JOHNSON pointed out that according to the legal department "guard" is a recognized statutory term throughout the statutes. However, SENATOR DUNCAN and SENATOR MACKIE thought that could be addressed by the revisor of statutes. SENATOR WARD moved SB 309, as amended, and the accompanying zero fiscal note be passed out of committee with individual recommendations. Hearing no objection, it was so ordered.