(a) 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) 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(3) [Repealed, § 138 ch 4 FSSLA 2019.]
(c) A person may not bring a civil action for damages for a failure to comply with the provisions of this section.
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