SB 32-CHOKEHOLD BAN  3:47:25 PM CHAIR KAWASAKI reconvened the meeting and announced the consideration of SENATE BILL NO. 32 "An Act prohibiting the use of chokeholds by peace officers; and relating to justification of use of force by peace officers." 3:47:49 PM SENATOR ELVI GRAY-JACKSON, Alaska State Legislature, Juneau, Alaska, sponsor of SB 32, thanked the hardworking peace officers and office staff that provide the services that protect the lives and welfare of the people in Alaskan communities. She described the genesis of this and six other bills that she and former Senator Tom Begich worked on together to "turn pain into progress" (TPIP). The bills employ eight specific policies that have been proven to reduce police violence by as much as 72 percent. Last year she was honored to see one of the bills signed into law. SENATOR GRAY-JACKSON continued to introduce SB 32 by reading the sponsor statement. Police use numerous methods to restrain and limit the movement and overall activity of someone who possess a danger to themselves or to others (including the police officer). One of the most common restraints are carotid and a tracheal choke. Both restraints impede breathing and circulation of blood. If these restraints are used incorrectly, death through asphyxiation may occur. Throughout the United States, there are cases of the misuse of chokeholds. Senate Bill (SB) 32 would assist in reducing the rate of chokeholds used incorrectly. SB 32 would further seek to improve police to community relationships by addressing a long-standing issue around the use of force. 3:51:27 PM BESSE ODOM, Staff, Senator Elvi Gray-Jackson, Alaska State Legislature, Juneau, Alaska, presented the sectional analysis for SB 32 on behalf of the sponsor. Section 1: This amends AS 11.81.370, the Statute regarding use of force by a peace officer in making an arrest or terminating an escape by adding a new subsection that would prohibit the use of potentially lethal restraints. SENATOR MERRICK asked whether she knew how many law enforcement agencies in the state still allow the use of chokeholds. SENATOR GRAY-JACKSON said no. CHAIR KAWASAKI asked whether the term "peace officer" included Village Public Safety Officers (VPSOs) and correctional officers. SENATOR GRAY-JACKSON said yes. 3:53:34 PM MS. ODOM presented a PowerPoint relating to SB 32. She spoke to slide 2, "National 8 Can't Wait Campaign." • We were inspired to model local legislation after the widely-recognized national 8 can't wait campaign: square4 Bans the use of chokeholds and strangleholds square4 Require de-escalation square4 Require warning before shooting square4 Require exhausting all alternatives before shooting square4 Duty to intervene (by officers that observe other officers violating practice standards) square4 Ban shooting at moving vehicles square4 Require a use of force continuum square4 Require comprehensive reporting (by officers each time they use force or threaten to use force • We recognize that the national campaign wouldn't fit the unique needs of Alaska, so we worked with various stakeholders to create a bill that was all encompassing of Alaska's unique needs. MS. ODOM advanced to slide 3, "Meeting w/Stakeholders." • Throughout the process of drafting the bills, we met with and received recommendations from the following stakeholders: • NOBLE (National Organization of Black Law Enforcement Executives) • APDEA (Anchorage Police Department Employees Association) • APD (Anchorage Police Department) • PSEA (Public Safety Employees Association) MS. ODOM reviewed slide 4, "Bill Objectives." • Prohibits peace officers from knowingly using a restraint that impedes another person's breathing or blood circulation that would likely cause a loss of consciousness square4 This includes carotid restraint, tracheal choke, and others that result in the aforementioned conditions. • Chokeholds are permitted in situations where deadly force is authorized by law. 3:55:33 PM MS. ODOM advanced to slide 5, "What Sort of Chokeholds Will be Prohibited." She reported that a survey of the nation's largest police departments' use-of-force policies found that 71 percent prohibit chokeholds and 68 percent prohibit carotid holds. Chokehold  Also called an arm bar hold. Applies pressure to the trachea, restricting airways and stopping breathing. Carotid hold Vascular hold, sleeper hold or stranglehold. Applies pressure to the carotid arteries, restricting blood flow to the brain and causing loss of consciousness. MS. ODOM reviewed slide 6, "What We Know About the Bans on Chokeholds." [Original punctuation provided.] • A Post survey of the 65 largest U.S. police departments found that 46 prohibit chokeholds in their use-of-force policies, while 44 prohibit carotid holds in those policies • Connecticut • California (San Diego, Los Angeles, etc.) • Florida (Broward County, Miami etc.) • New York • Washington (Seattle etc.) • Texas (Austin, Houston, Dallas etc.) • Illinois (Chicago etc.) • Colorado (Denver etc.) • Arizona (Phoenix etc.) • Delaware • Iowa 3:56:46 PM CHAIR KAWASAKI turned to invited testimony on SB 32. 3:57:00 PM MICHAEL PATTERSON, Founder, Party for Socialism and Liberation, Anchorage, Alaska, thanked the committee for hearing SB 32 so quickly and the sponsor for being a consistent leader on the important issue relating to use of force policies for law enforcement agencies. He asked the committee to think about what it means to be choked or strangled. It is a violent act and the individual may feel they're going to die. Even if a law enforcement officer has training, it can be dangerous employing these methods of restraint. MR. PATTERSON stated that SB 32 will modernize Alaska's law and he believes it will show the people of Alaska that the state takes accountability and transparency very seriously. It will help people regain trust in law enforcement. 4:03:42 PM CHAIR KAWASAKI opened public testimony on SB 32. 4:03:51 PM DANIEL CASNER, representing self, Fairbanks, Alaska, testified in support of SB 32. He is a combat veteran who believes there is no place for chokeholds in peace officer interactions of any kind. They are not an appropriate solution for restraint and can cause serious bodily harm and even death. He urged the committee to move SB 32 forward. 4:05:31 PM CYNTHIA GACHUPIN, Member, Party for Socialism and Liberation, Anchorage, Alaska, testified in support of SB 32. She articulated her concerns if the bill does not move forward. She said the use of chokeholds has no place in law enforcement. There are many ways to restrain someone without using potentially lethal means of restraint. She said that as a community member and mother it doesn't sit right that law enforcement officers can choose whether or not to use this potentially lethal means of restraint. She asked the committee to move SB 32 forward. 4:08:47 PM MORGAN LIM, Lobbyist, Planned Parenthood Alliance Advocates, Juneau, Alaska, read the following prepared testimony in support of SB 32. [Original punctuation provided.] Thank you Chair Kawasaki and Members of the Senate State Affairs Committee. My name is Morgan Lim, I'm a Juneau resident, and I am testifying today on behalf of Planned Parenthood Alliance Advocates Alaska. PPAA strongly supports Senate Bill 32, a bill that would limit the use of force by peace officers in Alaska. PPAA believes all people should live free from violence, and stands with Black, Indigenous, people of color ("BIPOC") communities as they demand change and seek to create communities that are safe and sustainable. To truly achieve reproductive justice, all people must not only have the right to choose if and when to become parents, but also the right to raise their children in a safe and healthy environment. It is the same over-policing of and violence towards Black and Indigenous bodies and their communities that makes the promise of reproductive freedom unattainable. As our state and country continue to grapple with police brutality, SB 32 takes a step in the right direction towards reducing police use of force. According to the Mapping Police Violence database, Alaska is tragically home to the second highest rate of police killings in the country and has the second highest rate of police violence against Black and Indigenous people. About one-in-three people killed by the police is an Alaska Native person, and a Black person in Alaska is 3.3 times more likely to be killed by police as a white person. Additionally, the rates of incarceration in Alaska have grown dramatically in the last several decades, with Black and American Indian & Alaska Native people being incarcerated at four to five times the rate of white people in Alaska. Approximately 40 percent of people incarcerated in Alaska identify as American Indian & Alaska Native people despite only making up about 15 percent of the state's population. Similarly, 7 percent of those incarcerated were Black people despite only constituting 3 percent of Alaska's population. This over-policing of BIPOC communities, the criminalization of BIPOC people, and police violence imposes significant transgenerational trauma, directly harming the health of these families and their descendants. We all deserve to live in a world where we are equally protected and have access to the resources we need to be healthy, safe, and free from harm. PPAA thanks you for the opportunity to testify on this important piece of legislation and we urge the committee to move it forward. 4:11:38 PM AMANA MBISE, representing self, Anchorage, Alaska, stated that he is a social worker and professor of social work who is speaking in support of SB 32. He thanked the sponsor for introducing the legislation. He opined that the use of chokeholds is contradictory to the notion of peace. As a Black person he has seen chokeholds and other means of restraint cause the death of his family members. He expressed hope that the committee would pass the bill expeditiously. Doing so will send a message that the legislature cares about stopping police violence. 4:14:13 PM JASMIN SMITH, representing self, Anchorage, Alaska, testified in support of SB 32. She is a business owner and community organizer. She thanked the sponsor and staff for their efforts on SB 32. She echoed the sentiments of previous speakers that accountability and rebuilding trust matters. It would be a sign of solidarity particularly for communities of color if SB 32 were to pass. 4:15:57 PM LIZ LYKE, representing self, Fairbanks, Alaska, testified in support of SB 32. She stated that the bill is a step in the right direction to make law enforcement accountable. She thanked the committee for hearing the bill and urged its passage. 4:16:47 PM PHILLIP MOSER, representing self, Juneau, Alaska, stated that he supports SB 32, but would like significant amendments because it doesn't have teeth. He opined that chokeholds are a small part of the epidemic of police brutality. The bill doesn't address what constitutes authorization to use deadly force. He would like the bill to include adequate consequences and options to use less deadly alternatives. 4:19:43 PM SENATOR CLAMAN asked Captain Sims to discuss the trooper policy on the use of chokeholds, whether troopers receive training on the use of chokeholds, and how the exception would work where deadly force is allowed. 4:20:29 PM CAPTAIN CORNELIUS SIMS, Commander, Division of Alaska State Troopers, Department of Public Safety, Anchorage, Alaska, stated that DPS policy and training is in line with SB 32. The use of carotid restraint would only be used in situations where deadly force is authorized. SENATOR CLAMAN asked for examples of scenarios a trooper might encounter in the field where deadly force and the use of the chokehold would be authorized and where it would not be allowed. CAPTAIN SIMS answered that if a trooper or law enforcement officer's life were in danger, or they were in fear for their life, the use of deadly force would be authorized. It would not be authorized in situations where a person refused to exit their vehicle or comply with an officer's demand to put their hands behind their back. SENATOR CLAMAN asked whether a chokehold would be authorized if a person physically fights back when an officer is trying to make an arrest. CAPTAIN SIMS replied it would be authorized if the officer feared their life was in danger. SENATOR CLAMAN asked whether an officer might be authorized to use a chokehold in a situation where they were intervening in a fight. CAPTAIN SIMS replied that the law currently allows an officer to use such restraint if they can articulate that a person's life was in danger. SENATOR CLAMAN asked if the Department of Public Safety (DPS) had a position on SB 32. 4:24:02 PM CAPTAIN SIMS replied the department was neutral, but the bill was in line with DPS policy. SENATOR CLAMAN asked Joseph Gamache if the language in SB 32 was consistent with the standards the Alaska Police Standards Council had adopted. 4:24:20 PM JOSEPH GAMACHE, Executive Director, Alaska Police Standards Council (APSC), Anchorage, Alaska, confirmed that SB 32 was in line and consistent to APSC standards. SENATOR CLAMAN asked whether APSC permits the use of the carotid hold only in situations in which deadly force is authorized and none other. MR. GAMACHE responded that APSC has a broader overview of the law enforcement agencies throughout Alaska. Individual departments have their own policies on when the use of deadly force would be authorized. SENATOR CLAMAN asked whether the Alaska Police Standards Council had a position on SB 32. MR. GAMACHE replied that APSC was neutral on SB 32. 4:26:01 PM SENATOR WIELECHOWSKI asked Mr. Gamache if there were any statistics relating to police officers in Alaska using chokeholds. MR. GAMACHE said he didn't have the statistics but he would follow up with an answer. SENATOR WIELECHOWSKI asked if he was aware of any disciplinary actions that had been taken against Alaska police officers for the inappropriate use of chokeholds. MR. GAMACHE answered that he wasn't aware of any disciplinary actions involving the use of a chokehold that had risen to the APSC level. SENATOR CLAMAN asked the sponsor or staff if APD's policy was similar to DPS's policy; they may train for the use of chokeholds but only authorize the use in situations where deadly force is allowed. Alternatively, he asked if APD's policy specifically does not allow the use of chokeholds. 4:27:56 PM MS. ODOM stated that APD does not utilize chokeholds. 4:28:14 PM CHAIR KAWASAKI closed public testimony on SB 32 and held the bill in committee.