SB 4-PROHIBIT PEACE OFF. SHOOT MOVING VEHICLE  5:37:50 PM CHAIR SHOWER announced the consideration of SENATE BILL NO. 4 "An Act relating to justification of use of force by a peace officer; and relating to shooting at a moving vehicle." 5:38:02 PM SENATOR GRAY-JACKSON, Alaska State Legislature, Juneau, Alaska, sponsor of SB 4, read the sponsor statement into the record. [Original punctuation provided.] SB4 "An Act relating to justification of use of force by a peace officer; and relating to shooting at a moving vehicle." The use of force in making an arrest or stop is not justified under this bill if the peace officer knowingly discharges a firearm at or in the direction of a propelled vehicle while another person is operating the vehicle unless the vehicle poses a risk of imminent danger to a peace officer or others. With the passing of SB4, AS 11.81.370(d) will amend the previous Statute by adding a new section to read: Applicability, which would apply to conduct by a peace officer occurring on or after the effective date of this Act. 5:39:07 PM KEITH BAUGUESS, Staff, Senator Gray-Jackson, Alaska State Legislature, Juneau, Alaska, presented the sectional analysis for SB 4. Section 1: Amends AS 11.81.370 (d) by adding a new subsection to read: If, in making an arrest or stop, a peace officer knowingly discharges a firearm at or in the direction of a propelled vehicle while another person is operating the vehicle, the use of force is not justified under this section unless the person is operating the vehicle in a manner that poses an immediate threat of serious risk to the life of the officer or another person. Section 2: Adopts conforming language from section 1, setting an effective date. CHAIR SHOWER turned to invited testimony. 5:40:42 PM PETER MLYNARIK, Board Member, Alaska Association of Chiefs of Police (AACOP), Soldotna, Alaska, stated that AACOP believes that shooting at a moving vehicle is deadly force but the use of the words "not justified" creates an automatic at fault for an officer. AACOP also believes that police already have policies and procedures that effectively deal with this sort of incident, and it should not be governed by statute. He emphasized that agencies are capable and do a good job of self-regulating. CHAIR SHOWER commented on the option to work together to find a bridge or compromise to meet the intent of the sponsor and assuage the concerns of law enforcement. 5:43:20 PM SENATOR GRAY-JACKSON expressed appreciation for the comments and stressed that this and her other bills were not trying to take control away from any agency. The intent is to standardize procedures in statute. She highlighted her high regard for law enforcement and her longstanding and positive working relationship with APD. CHAIR SHOWER asked Chief Mlynarik to comment on the idea of working to find a compromise. CHIEF MLYNARIK said he would be willing to work on a compromise in the language and he appreciated the sponsor's concern for public safety. 5:45:46 PM MARK PEARSON, President, Alaska Peace Officers Association (APOA), Soldotna, Alaska, stated that APOA represents a number of police organizations and departments throughout the state. On behalf of APOA, he stated opposition to SB 4. He said the collective belief is that policing regulation and certification should remain with the Alaska Police Standards Council and within individual departments. He highlighted that APOA sent a letter to both the sponsor and Senator Begich stating opposition to a suite of bills that included SB 4. However, that is not reflected on BASIS. 5:47:21 PM SENATOR REINBOLD joined the committee CHAIR SHOWER commented that further conversation with APOA may be a good idea to try to find common ground. 5:47:50 PM SENATOR GRAY-JACKSON stated that she would reach out to APOA and some of the agencies it represents to try come to consensus. CHAIR SHOWER offered to work with both APOA and the sponsor to look for common ground. MR. PEARSON thanked the committee for its time. 5:48:53 PM CHAIR SHOWER opened public testimony on SB 4. 5:49:11 PM RON VIGIL, President, Alaska Peace Officers Association, Anchorage Chapter, Anchorage, Alaska, stated that he has been in law enforcement for 24 years and throughout that time departments have followed the U.S. Supreme Court case Graham v. Conner that determined that an objective reasonableness standard should apply regarding the use of force by law enforcement. He said every department trains for and uses this standard. He offered his professional belief that SB 4 was a step in the wrong direction and did not reflect the unique circumstances, the training, and the professionalism of law enforcement in Alaska. CHAIR SHOWER restated the offer to work with the sponsor and law enforcement agencies to consider ideas or compromise language that might be acceptable. 5:51:30 PM CHAIR SHOWER closed public testimony on SB 4 and held the bill in committee.