"We're confused and concerned about this bill," Assistant Attorney General Annie Carpeneti said in testifying before the House Judiciary Committee on Rep. Mark Neuman's self-defense bill, HB 381.
Neuman, R-Big Lake, said he wants Alaskans to know they have a right to protect themselves and he wants to keep law-abiding citizens from ending up in court justifying acts of self-defense.
He noted a 2003 case involving a minister in his area who was tried for shooting and killing two burglars in the dark in his church. The minister eventually was cleared but not before spending time in jail and facing attorney's fees and other disruptions to his life, Neuman said.
"You should be able to automatically assume they could do you harm," Neuman said.
Carpeneti said the state already has strong self-defense laws and that Neuman's bill would encourage violence.
Neuman withdrew the bill from immediate consideration after hearing the department's concerns. He said he'll work with the department and the National Rifle Association to rework it.
State law allows for deadly force in self-defense to stop a few specific crimes, including robbery, sexual assault, kidnapping and murder. If someone can safely withdraw from a confrontation, he's obligated to do so, unless it's in his home or workplace.
Neuman's first draft would add a person's vehicle and "any place where the person has a right to be" to authorized locations, essentially eliminating the obligation to retreat, according to the Department of Law.
It would also prohibit law enforcement from arresting someone for using deadly force without probable cause. Carpeneti said in some cases, arrests should be made first and the sorting out done after.
"Most of these situations aren't pretty. There's no good guy and bad guy, you know?" she said. "It's two people standing outside a bar, there's a fight and somebody pulls a knife."
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