Section 12.25.180. When peace officer may issue citation or take person before the court.

   (a) [See delayed amendment note]. =ro When a peace officer stops or contacts a person for the commission of a class C felony offense, a misdemeanor, or the violation of a municipal ordinance, the officer may, in the officer's discretion, issue a citation to the person instead of taking the person before a judge or magistrate under AS 12.25.150, except the officer may arrest if
        (1) the person does not furnish satisfactory evidence of identity;
        (2) the peace officer reasonably believes the person is a danger to others;
        (3) the crime for which the person is contacted is one involving violence or harm to another person or to property;
        (4) the person asks to be taken before a judge or magistrate under AS 12.25.150; or
        (5) the peace officer has probable cause to believe the person committed a crime involving domestic violence; in this paragraph, "crime involving domestic violence" has the meaning given in AS 18.66.990.
   (b) [See delayed amendment note]. =ro When a peace officer stops or contacts a person for the commission of an infraction or a violation, the officer shall issue a citation instead of taking the person before a judge or magistrate under AS 12.25.150, except the officer may arrest if
        (1) the person does not furnish satisfactory evidence of identity;
        (2) the person refuses to accept service of the citation; or
        (3) the peace officer has probable cause to believe the person has committed
             (A) a violation of conditions of release under AS 11.56.757; or
             (B) the offense of failure to appear under AS 11.56.730.
   (c) [Effective January 1, 2017]. =ro A person may not bring a civil action for damages for a failure to comply with the provisions of this section.

Authorities

12.25.190;12.25.200;12.25.210;12.80.060;28.32.010

Notes

Recent Bills that will modify this

SB 91 OMNIBUS CRIM LAW & PROCEDURE; CORRECTIONS

References

AS 12.25.190 When person to be given five-day notice to appear in court.
AS 12.25.200 Form for citations.
AS 12.25.210 Disposition and records of citations.
AS 12.80.060 Fingerprinting.
AS 28.32.010 Commercial motor vehicle safety citations.

History

(Sec. 1 ch 31 SLA 1973; am Sec. 19 ch 127 SLA 1974; am Sec. 3 ch 144 SLA 1977; am Sec. 34 ch 102 SLA 1980; am Sec. 9 ch 64 SLA 1996; am Sec. 22 ch 29 SLA 2010; am Sec. 51, 52 ch 36 SLA 2016)