00 CS FOR HOUSE BILL NO. 42(JUD) 01 "An Act relating to seizure of property; relating to forfeiture to the state; relating to 02 criminal law; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04  * Section 1. AS 04.16.220(b) is amended to read: 05 (b) Property subject to forfeiture under this section may be forfeited to the  06 state under this section and the procedure required under AS 12.35.200 -  07 12.35.220 and AS 12.36.300 - 12.36.350 [ACTUALLY OR CONSTRUCTIVELY 08 SEIZED UNDER AN ORDER ISSUED BY THE SUPERIOR COURT UPON A 09 SHOWING OF PROBABLE CAUSE THAT THE PROPERTY IS SUBJECT TO 10 FORFEITURE UNDER THIS SECTION. CONSTRUCTIVE SEIZURE IS 11 EFFECTED UPON POSTING A SIGNED NOTICE OF SEIZURE ON THE ITEM 12 TO BE FORFEITED, STATING THE VIOLATION AND THE DATE AND PLACE 13 OF SEIZURE. SEIZURE WITHOUT A COURT ORDER MAY BE MADE IF 14 (1) THE SEIZURE IS INCIDENT TO A VALID ARREST OR 01 SEARCH; 02 (2) THE PROPERTY SUBJECT TO SEIZURE IS THE SUBJECT OF 03 A PRIOR JUDGMENT IN FAVOR OF THE STATE; OR 04 (3) THERE IS PROBABLE CAUSE TO BELIEVE THAT THE 05 PROPERTY IS SUBJECT TO FORFEITURE UNDER (a) OF THIS SECTION; 06 EXCEPT FOR ALCOHOLIC BEVERAGES POSSESSED ON VIOLATION OF 07 AS 04.11.501 OR AN ORDINANCE ADOPTED UNDER AS 04.11.501, 08 PROPERTY SEIZED UNDER THIS PARAGRAPH MAY NOT BE HELD OVER 09 48 HOURS OR UNTIL AN ORDER OF FORFEITURE IS ISSUED BY THE 10 COURT, WHICHEVER IS EARLIER]. 11  * Sec. 2. AS 08.54.720(f) is amended to read: 12 (f) In addition to the penalties set out in (b) - (e) of this section and a 13 disciplinary sanction imposed under AS 08.54.710, 14 (1) the court may order the board to suspend the guide license or 15 transporter license of a person who commits a misdemeanor offense set out in (a)(1), 16 (3) - (5), (7), (8), (17), (18), or (19) of this section for a specified period of not more 17 than three years; 18 (2) the court shall order the board to suspend the guide license or 19 transporter license of a person who commits a misdemeanor offense set out in (a)(2) or 20 (9) - (14) of this section for a specified period of not less than one year and not more 21 than five years; 22 (3) the court shall order the board to suspend the guide license or 23 transporter license for a specified period of not less than three years, or to permanently 24 revoke the guide license or transporter license, of a person who commits an offense set 25 out in (a)(15) or (16) of this section; and 26 (4) all guns, fishing tackle, boats, aircraft, automobiles, or other 27 vehicles, camping gear, and other equipment and paraphernalia used in, or in aid of, a 28 violation of (a) of this section may be seized by persons authorized to enforce this 29 chapter and may be forfeited to the state as provided under AS 16.05.195 and the  30 procedure required under AS 12.35.200 - 12.35.220 and AS 12.36.300 - 12.36.350.  31  * Sec. 3. AS 11.41.468(a) is amended to read: 01 (a) Property used to aid a violation of AS 11.41.410 - 11.41.458 or to aid the 02 solicitation of, attempt to commit, or conspiracy to commit a violation of 03 AS 11.41.410 - 11.41.458 may be forfeited to the state under AS 12.35.200 -  04 12.35.220 and AS 12.36.300 - 12.36.350 upon the conviction of the offender. 05  * Sec. 4. AS 11.46.487 is amended to read: 06 Sec. 11.46.487. Forfeiture of property upon conviction. Firearms and other 07 personal property, except a motor vehicle, used in aid of a violation of AS 11.46.460, 08 11.46.462, or 11.46.484(a)(5) may be forfeited to the state under AS 12.35.200 -  09 12.35.220 and AS 12.36.300 - 12.36.350 upon conviction of the offender for the 10 crime. 11  * Sec. 5. AS 11.61.129(a) is amended to read: 12 (a) Property used to aid a violation of AS 11.61.123 - 11.61.128 or to aid the 13 solicitation of, attempt to commit, or conspiracy to commit a violation of 14 AS 11.61.123 - 11.61.128 may be forfeited to the state under AS 12.35.200 -  15 12.35.220 and AS 12.36.300 - 12.36.350 upon the conviction of the offender. 16  * Sec. 6. AS 11.66.145 is amended to read: 17 Sec. 11.66.145. Forfeiture. Property used to institute, aid, or facilitate, or 18 received or derived from, a violation of AS 11.66.100(e) or 11.66.110 - 11.66.135 may 19 be forfeited to the state under AS 12.36.300 - 12.36.350 at sentencing. 20  * Sec. 7. AS 11.73.060(a) is amended to read: 21 (a) Property used during or in aid of a violation of this chapter may be 22 forfeited to the state under AS 12.35.200 - 12.35.220 and AS 12.36.300 - 12.36.350 23 [TO THE EXTENT PERMITTED UNDER AND IN ACCORDANCE WITH THE 24 PROVISIONS OF AS 17.30.110 - 17.30.126]. 25  * Sec. 8. AS 12.35 is amended by adding new sections to read: 26 Article 2. Seizure of Property.  27 Sec. 12.35.200. Issuance of an order to seize property subject to forfeiture. 28 (a) Except as provided in AS 12.35.020, a court may issue an order to seize property 29 that is subject to forfeiture if the court finds that 30 (1) the property is subject to forfeiture; and 31 (2) there is probable cause to believe that 01 (A) the state will prevail on the issue of forfeiture; 02 (B) failure to enter the order will result in the property being 03 destroyed, removed from the state, or otherwise made unavailable for 04 forfeiture; or 05 (C) the item to be seized is otherwise illegal to possess. 06 (b) Real property subject to forfeiture under this section may be seized after 07 notice to the property owner and a hearing to determine the sufficiency of probable 08 cause for the seizure. Nothing in this subsection prohibits the court from issuing an ex 09 parte order to prohibit the sale or destruction of the real property. In this subsection, 10 "real property" has the meaning given in AS 29.71.800. 11 (c) Property subject to forfeiture under this section may be seized at any time, 12 without a prior court order, if the 13 (1) seizure is incident to a lawful arrest for an offense or to a search 14 lawfully conducted under a search warrant and the law enforcement officer making the 15 arrest or executing the search has probable cause to believe the property is subject to 16 forfeiture; 17 (2) property subject to forfeiture is the subject of a previous judgment 18 in favor of the state; or 19 (3) law enforcement officer making the seizure has probable cause to 20 believe the property is subject to forfeiture and that the delay occasioned by the need 21 to obtain a court order would result in the removal or destruction of the property or 22 otherwise frustrate the seizure. 23 Sec. 12.35.210. Seized property. Seized property shall be kept by the 24 custodian in a manner to protect it from theft or damage and, if ordered by the court, 25 insured against those risks. 26 Sec. 12.35.220. Post-seizure hearing. (a) Following the seizure of property, 27 the defendant in the related criminal matter or another person who claims an interest in 28 seized property may request return of seized property. The request must be made to 29 the court, identify the court case or search warrant number, and include facts to 30 support the person's interest in the property. Except upon a showing of good cause, the 31 post-seizure hearing shall occur within 45 days after the moving party's request. 01 (b) The moving party has the burden of proving by a preponderance of the 02 evidence that the moving party is the lawful owner of the property, the property is not 03 subject to forfeiture under AS 12.36.300, and the property is not otherwise illegal to 04 possess. If the moving party meets the burden, the court shall order the property 05 returned to the moving party, unless the party opposing return of the property proves 06 by a preponderance of the evidence that the property must be retained for evidentiary 07 purposes related to a criminal offense. 08 (c) Before ordering the return of seized property subject to forfeiture, the court 09 (1) must find that 10 (A) the item has no evidentiary value; or 11 (B) the parties have reached an agreement or stipulation that 12 preserves the evidentiary value of the property or maintains the evidentiary 13 integrity of the property; and 14 (2) may require the property owner to post cash or a secured monetary 15 bond in an amount up to the fair market value of the property. 16  * Sec. 9. AS 12.36.020(a) is amended to read: 17 (a) A law enforcement agency may 18 (1) not return property in its custody to the owner or the agent of the 19 owner, except as provided in AS 12.35.220, AS 12.36.200, or 12.36.320, if 20 (A) the property is in custody in connection with a children's 21 court proceeding, a criminal proceeding, or an official investigation of a crime; 22 or 23 (B) the property in custody is subject to forfeiture under the 24 laws of the 25 (i) state; or 26 (ii) United States, and the United States has commenced 27 forfeiture proceedings against the property or has requested the transfer 28 of the property for the commencement of forfeiture proceedings; and 29 (2) with the approval of the court, transfer the property to another state 30 or federal law enforcement agency for forfeiture proceedings by that agency; the court 31 having jurisdiction shall grant the approval under this paragraph if the property 01 (A) will be retained within the jurisdiction of the court by the 02 agency to which the property is being transferred; or 03 (B) is 04 (i) not needed as evidence; or 05 (ii) needed as evidence, and the property is fungible or 06 the property's evidentiary value can otherwise be preserved without 07 retaining the property within the jurisdiction of the court. 08  * Sec. 10. AS 12.36.060(a) is amended to read: 09 (a) A deadly weapon, other than a firearm or ammunition, forfeited to the state 10 under AS 12.55.015(a)(9), unless remitted under AS 12.36.320 [AS 12.36.050], shall 11 be disposed of by the commissioner of public safety under this section. Under this 12 subsection, the commissioner of public safety 13 (1) may declare a weapon surplus and transfer it to the commissioner 14 of administration; 15 (2) may, if the weapon is suitable for law enforcement purposes, 16 training, or identification, retain the weapon for use by the Department of Public 17 Safety or transfer the weapon to the municipal law enforcement agency making the 18 arrest that led to the forfeiture; 19 (3) shall destroy a weapon that is unsafe or unlawful. 20  * Sec. 11. AS 12.36.060(c) is amended to read: 21 (c) A firearm or ammunition forfeited to the state under AS 12.55.015(a)(9), 22 unless remitted under AS 12.36.320 [AS 12.36.050], shall be disposed of as provided 23 in AS 18.65.340. 24  * Sec. 12. AS 12.36 is amended by adding new sections to read: 25 Article 3. Forfeiture.  26 Sec. 12.36.300. Property subject to forfeiture. (a) A person's property is 27 subject to forfeiture if the 28 (1) person is convicted of an offense that provides for forfeiture by 29 law, regulation, or ordinance; and 30 (2) state establishes by clear and convincing evidence that the property 31 is subject to forfeiture under (b) of this section. 01 (b) Following conviction for an offense that provides for forfeiture by law, 02 regulation, or ordinance, a court may order a person to forfeit 03 (1) property the person acquired through commission of the offense; 04 (2) property directly traceable to property acquired through the 05 commission of the offense; or 06 (3) any instrumentality the person used in the commission of the 07 offense. 08 (c) Any property that is otherwise illegal to possess is subject to forfeiture to 09 the state. 10 (d) Nothing in this section prevents property from being forfeited by the terms 11 of a plea agreement that is approved by a court or by other agreement of the parties to 12 a criminal proceeding. 13 (e) In accordance with AS 09.55.700, nothing in this section limits or prevents 14 civil forfeiture under other state law or authority outside of criminal proceedings. 15 Sec. 12.36.320. Remission of forfeited property. (a) A person seeking 16 remission of the person's interest in property forfeited under AS 12.36.300 - 12.36.340 17 shall prove to the court by a preponderance of the evidence that the person 18 (1) holds a legal right, title, or interest in the property seized, acquired 19 in good faith; 20 (2) did not knowingly participate in the commission of the crime in 21 which the property was used; 22 (3) did not know or have reasonable cause to believe that the property 23 was used or would be used to commit a crime; and 24 (4) obtained the property 25 (A) as a bona fide purchaser for fair market value; 26 (B) by inheritance before the date of the offense resulting in 27 forfeiture; 28 (C) as a gift from a person other than the defendant; or 29 (D) lawfully in a manner the court considers just. 30 (b) Upon a showing that the person is entitled to relief under (a) of this 31 section, the court may order that an amount equal to the value of the person's interest 01 be paid to the person or that the property be released to the person. 02 (c) A claim may not be filed under this section more than 120 days after the 03 entry of the final judgment in the case in which the property was ordered forfeited. 04 The court may extend the 120-day period upon a showing of good cause. 05 Sec. 12.36.330. Forfeiture of substitute property. Following a person's 06 conviction, the state may make a motion for forfeiture of substitute property owned by 07 the person that is equal to but does not exceed the value of property that is subject to 08 forfeiture but that the state is unable to seize. The court shall order the forfeiture of 09 substitute property only if the state proves by clear and convincing evidence that the 10 person intentionally transferred, sold, or deposited property with a third party to avoid 11 the court's jurisdiction and the forfeiture of the property, and the substitute property is 12 owned in full by the convicted person. 13 Sec. 12.36.340. Disposition of seized property. (a) Within 30 days after 14 receipt of a court order directing the return of property or of notification of the 15 declination, acquittal, or dismissal of criminal charges, a law enforcement agency that 16 holds seized property shall return the seized property to the owner of the property. The 17 court may extend the 30-day period upon a showing of good cause. 18 (b) The Department of Law or the law enforcement agency that holds the 19 seized property may petition the court to return or dispose of seized property at any 20 time. 21 Sec. 12.36.350. Annual report. (a) By February 1 of each year, each law 22 enforcement agency that initiates a case resulting in items being forfeited under 23 AS 12.36.300 - 12.36.340 shall prepare a report, in the form required by the 24 Department of Public Safety, itemizing property that has been forfeited to that law 25 enforcement agency and transmit the report to the Department of Public Safety. The 26 report must include all items forfeited as they are listed in the judgment. 27 (b) By April 1 of each year, the Department of Public Safety shall compile the 28 reports submitted by each law enforcement agency under (a) of this section and 29 publish an aggregate report on the department's Internet website.  30  * Sec. 13. AS 16.05.190 is amended to read: 31 Sec. 16.05.190. Seizure and disposition of equipment. Guns, traps, nets, 01 fishing tackle, boats, aircraft, automobiles or other vehicles, sleds, and other 02 paraphernalia used in or in aid of a violation of this chapter or a regulation of the 03 department may be seized under a valid search, and all fish and game, or parts of fish 04 and game, or nests or eggs of birds, taken, transported, or possessed contrary to the 05 provisions of this chapter or a regulation of the department shall be seized under  06 AS 12.35.200 - 12.35.220 and AS 12.36.300 - 12.36.350 by any peace officer 07 designated in AS 16.05.150. Upon conviction of the offender or upon judgment of the 08 court having jurisdiction that the item was taken, transported, or possessed in violation 09 of this chapter or a regulation of the department, all fish and game, or parts of them are 10 forfeited to the state under AS 12.35.200 - 12.35.220 and AS 12.36.300 - 12.36.350 11 and shall be disposed of as directed by the court. [IF SOLD, THE PROCEEDS OF 12 THE SALE SHALL BE TRANSMITTED TO THE PROPER STATE OFFICER FOR 13 DEPOSIT IN THE GENERAL FUND.] Guns, traps, nets, fishing tackle, boats, 14 aircraft, or other vehicles, sleds, and other paraphernalia seized under the provisions of 15 this chapter or a regulation of the department, unless forfeited by order of the court, 16 shall be returned as provided under AS 12.35.200 - 12.35.220 and AS 12.36.300 -  17 12.36.350, after completion of the case and payment of the fine, if any. 18  * Sec. 14. AS 16.05.722(b) is amended to read: 19 (b) In addition, the court shall order forfeiture to the state under  20 AS 12.35.200 - 12.35.220 and AS 12.36.300 - 12.36.350 of any fish, or its fair market 21 value, taken or retained as a result of the commission of the violation. For purposes of 22 this subsection, it is a rebuttable presumption that all fish found on board a fishing 23 vessel used in or in aid of a violation, or found at the fishing site, were taken or 24 retained in violation of AS 16.05.440 - 16.05.690 or a commercial fisheries regulation 25 of the Board of Fisheries or the department. It is the defendant's burden to show by a 26 preponderance of the evidence that fish on board or at the site were lawfully taken and 27 retained. 28  * Sec. 15. AS 16.05.723(a) is amended to read: 29 (a) A person who negligently violates AS 16.05.440 - 16.05.690, or a 30 regulation of the Board of Fisheries or the department governing commercial fishing, 31 is guilty of a misdemeanor and in addition to punishment under other provisions in 01 this title, including AS 16.05.195, [AND] 16.05.710, and the procedure required  02 under AS 12.35.200 - 12.35.220 and AS 12.36.300 - 12.36.350 is punishable upon 03 conviction by a fine of not more than $15,000 or by imprisonment for not more than 04 one year, or by both. In addition, the court shall order forfeiture to the state under  05 AS 16.05.195 and the procedure required under AS 12.35.200 - 12.35.220 and  06 AS 12.36.300 - 12.36.350 of any fish, or its fair market value, taken or retained as a 07 result of the commission of the violation, and the court may order forfeiture to the  08 state of [FORFEIT] any vessel and any fishing gear under AS 16.05.195 and the  09 procedure required under AS 12.35.200 - 12.35.220 and AS 12.36.300 - 12.36.350, 10 including any net, pot, tackle, or other device designed or employed to take fish 11 commercially, that was used in or in aid of the violation. Any fish, or its fair market 12 value, forfeited under this subsection may not also be forfeited under AS 16.05.195. 13 For purposes of this subsection, it is a rebuttable presumption that all fish found on 14 board a fishing vessel used in or in aid of a violation, or found at the fishing site, were 15 taken or retained in violation of AS 16.05.440 - 16.05.690 or a commercial fisheries 16 regulation of the Board of Fisheries or the department, and it is the defendant's burden 17 to show by a preponderance of the evidence that fish on board or at the site were 18 lawfully taken and retained. 19  * Sec. 16. AS 16.05.782(b) is amended to read: 20 (b) In addition to the penalty imposed by law under (a) of this section, the 21 court shall order forfeiture to the state under AS 16.05.195 and the procedure  22 required under AS 12.35.200 - 12.35.220 and AS 12.36.300 - 12.36.350 of the hide 23 and skull of the bear, but if the hide and skull are not salvaged and delivered to the 24 department then the court shall impose an additional fine of up to $10,000. 25  * Sec. 17. AS 16.05.783(c) is amended to read: 26 (c) A person who violates this section is guilty of a misdemeanor, and upon 27 conviction is punishable by a fine of not more than $5,000, or by imprisonment for not 28 more than one year, or by both. In addition, the court may order the aircraft and 29 equipment used in or in aid of a violation of this section to be forfeited to the state 30 under AS 16.05.195 and the procedure required under AS 12.35.200 - 12.35.220  31 and AS 12.36.300 - 12.36.350. 01  * Sec. 18. AS 16.05.905(b) is amended to read: 02 (b) An alien person who violates (a) of this section is guilty of a misdemeanor, 03 and upon conviction is punishable by a confiscation and forfeiture to the state under  04 AS 16.05.195 and the procedure required under AS 12.35.200 - 12.35.220 and  05 AS 12.36.300 - 12.36.350 of the fishing vessel used in the violation, or by 06 imprisonment for not more than one year, or by fine of not more than $10,000, or by 07 all or any two of the foregoing punishments. 08  * Sec. 19. AS 16.43.970(g) is amended to read: 09 (g) A person who violates the provisions of AS 16.43.140(a) is 10 (1) upon a first conviction, guilty of a class B misdemeanor and may 11 be sentenced to a definite term of imprisonment of not more than 90 days, or forfeiture 12 to the state under AS 16.05.195 and the procedure required under AS 12.35.200 -  13 12.35.220 and AS 12.36.300 - 12.36.350 of the person's fishing vessel, or both, and 14 shall be sentenced to a fine of not less than $5,000 nor more than $10,000 and loss of 15 commercial fishing privileges under (i) of this section; 16 (2) upon a second conviction, guilty of a class A misdemeanor and 17 may be sentenced to a definite term of imprisonment of not more than one year, and 18 shall be sentenced to a fine of not less than $10,000 nor more than $20,000, forfeiture 19 to the state under AS 16.05.195 and the procedure required under AS 12.35.200 -  20 12.35.220 and AS 12.36.300 - 12.36.350 of the person's fishing vessel, and loss of 21 commercial fishing privileges under (i) of this section; 22 (3) upon a third or subsequent conviction, guilty of a class A 23 misdemeanor and may be sentenced to a definite term of imprisonment of not more 24 than one year, and shall be sentenced to a fine of not less than $20,000 nor more than 25 $50,000, forfeiture to the state under AS 16.05.195 and the procedure required  26 under AS 12.35.200 - 12.35.220 and AS 12.36.300 - 12.36.350 of the person's fishing 27 vessel, and loss of commercial fishing privileges under (i) of this section. 28  * Sec. 20. AS 17.30.110 is amended to read: 29 Sec. 17.30.110. Items subject to forfeiture. The following may be forfeited to 30 the state under AS 12.35.200 - 12.35.220 and AS 12.36.300 - 12.36.350: 31 (1) a controlled substance that has been manufactured, distributed, 01 dispensed, acquired, or possessed in violation of this chapter or AS 11.71; 02 (2) raw materials, products, and equipment that are used or intended 03 for use in manufacturing, distributing, compounding, processing, delivering, 04 importing, or exporting a controlled substance that is a felony under this chapter or 05 AS 11.71; 06 (3) property that is used or intended for use as a container for property 07 described in (1) or (2) of this section; 08 (4) a conveyance, including but not limited to aircraft, vehicles, or 09 vessels, that has been used or is intended for use in transporting or in any manner in 10 facilitating the transportation, sale, receipt, possession, or concealment of property 11 described in (1) or (2) of this section in violation of a felony offense under this chapter 12 or AS 11.71; however, 13 (A) a conveyance may not be forfeited under this paragraph if 14 the owner of the conveyance establishes, by a preponderance of the evidence, 15 at a hearing before the court as the trier of fact, that use of the conveyance in 16 violation of this chapter or AS 11.71 was committed by another person and 17 that the owner was neither a consenting party nor privy to the violation; 18 (B) a forfeiture of a conveyance encumbered by a valid security 19 interest at the time of seizure is subject to the interest of the secured party if the 20 secured party establishes, by a preponderance of the evidence, at a hearing 21 before the court as the trier of fact, that use of the conveyance in violation of 22 this chapter or AS 11.71 was committed by another person and that the secured 23 party was neither a consenting party nor privy to the violation; 24 (5) books, records, and research products and materials, including 25 formulas, microfilm, tapes, and data, that are used in violation of this chapter or 26 AS 11.71; 27 (6) money, securities, negotiable instruments, or other things of value 28 used in financial transactions derived from activity prohibited by this chapter or 29 AS 11.71; and 30 (7) a firearm that is visible, carried during, or used in furtherance of a 31 violation of this chapter or AS 11.71. 01  * Sec. 21. AS 18.60.148(a) is amended to read: 02 (a) A transfer to the Alaska Wing, Civil Air Patrol, of a forfeited aircraft under 03 AS 16.05.195(f), AS 17.30.122, the procedure required under AS 12.35.200 -  04 12.35.220 and AS 12.36.300 - 12.36.350, or another state law or regulation is subject 05 to the following conditions: 06 (1) the transfer shall be made without cost to the Civil Air Patrol; 07 (2) the aircraft becomes a corporate Civil Air Patrol aircraft; 08 (3) the aircraft may only be used for Civil Air Patrol search and rescue, 09 civil defense, and training purposes; 10 (4) the aircraft may not be transferred to another wing of the Civil Air 11 Patrol unless 12 (A) the aircraft has been corporate aircraft of the Alaska Wing, 13 Civil Air Patrol for at least 36 months after the date of transfer to the Alaska 14 Wing; or 15 (B) the aircraft is being exchanged for another Civil Air Patrol 16 corporate aircraft of equivalent or greater value; 17 (5) if the Civil Air Patrol determines that the aircraft should be 18 disposed of as surplus property, the disposition shall first be approved by the 19 Department of Administration. 20  * Sec. 22. AS 22.07.020(a) is amended to read: 21 (a) The court of appeals has appellate jurisdiction in actions and proceedings 22 commenced in the superior court involving 23 (1) criminal prosecution; 24 (2) post-conviction relief; 25 (3) matters under AS 47.12, including waiver of jurisdiction over a 26 minor under AS 47.12.100; 27 (4) extradition; 28 (5) habeas corpus; 29 (6) probation and parole; [AND] 30 (7) bail;  31 (8) forfeiture proceedings under AS 12.35.200 - 12.35.220 and  01 AS 12.36.300 - 12.36.350. 02  * Sec. 23. AS 22.15.240 is amended by adding a new subsection to read: 03 (e) Any party may appeal to the superior court a judgment of the district court 04 in a forfeiture proceeding under AS 12.35.200 - 12.35.220 and AS 12.36.300 - 05 12.36.350. 06  * Sec. 24. AS 28.35.030(b) is amended to read: 07 (b) Except as provided under (n) of this section, driving while under the 08 influence of an alcoholic beverage, inhalant, or controlled substance is a class A 09 misdemeanor. Upon conviction, 10 (1) the court shall impose a minimum sentence of imprisonment of 11 (A) not less than 72 consecutive hours, require the person to 12 use an ignition interlock device after the person regains the privilege, including 13 any limited privilege, to operate a motor vehicle for a minimum of six months, 14 and impose a fine of not less than $1,500 if the person has not been previously 15 convicted; 16 (B) not less than 20 days, require the person to use an ignition 17 interlock device after the person regains the privilege, including any limited 18 privilege, to operate a motor vehicle for a minimum of 12 months, and impose 19 a fine of not less than $3,000 if the person has been previously convicted once; 20 (C) not less than 60 days, require the person to use an ignition 21 interlock device after the person regains the privilege, including any limited 22 privilege, to operate a motor vehicle for a minimum of 18 months, and impose 23 a fine of not less than $4,000 if the person has been previously convicted twice 24 and is not subject to punishment under (n) of this section; 25 (D) not less than 120 days, require the person to use an ignition 26 interlock device after the person regains the privilege, including any limited 27 privilege, to operate a motor vehicle for a minimum of 24 months, and impose 28 a fine of not less than $5,000 if the person has been previously convicted three 29 times and is not subject to punishment under (n) of this section; 30 (E) not less than 240 days, require the person to use an ignition 31 interlock device after the person regains the privilege, including any limited 01 privilege, to operate a motor vehicle for a minimum of 30 months, and impose 02 a fine of not less than $6,000 if the person has been previously convicted four 03 times and is not subject to punishment under (n) of this section; 04 (F) not less than 360 days, require the person to use an ignition 05 interlock device after the person regains the privilege, including any limited 06 privilege, to operate a motor vehicle for a minimum of 36 months, and impose 07 a fine of not less than $7,000 if the person has been previously convicted more 08 than four times and is not subject to punishment under (n) of this section; 09 (2) the court may not 10 (A) suspend execution of sentence or grant probation except on 11 condition that the person 12 (i) serve the minimum imprisonment under (1) of this 13 subsection; 14 (ii) pay the minimum fine required under (1) of this 15 subsection; 16 (B) suspend imposition of sentence; or 17 (C) suspend the requirement for an ignition interlock device for 18 a violation of (a)(1) of this section involving an alcoholic beverage or 19 intoxicating liquor, singly or in combination, or a violation of (a)(2) of this 20 section; 21 (3) the court shall revoke the person's driver's license, privilege to 22 drive, or privilege to obtain a license under AS 28.15.181, and may order that the 23 motor vehicle, aircraft, or watercraft that was used in commission of the offense be 24 forfeited under AS 28.35.036 and the procedure required under AS 12.35.200 -  25 12.35.220 and AS 12.36.300 - 12.36.350; and 26 (4) the court may order that the person, while incarcerated or as a 27 condition of probation or parole, take a drug or combination of drugs intended to 28 prevent the consumption of an alcoholic beverage; a condition of probation or parole 29 imposed under this paragraph is in addition to any other condition authorized under 30 another provision of law. 31  * Sec. 25. AS 28.35.030(n) is amended to read: 01 (n) A person is guilty of a class C felony if the person is convicted under (a) of 02 this section and either has been previously convicted two or more times since 03 January 1, 1996, and within the 10 years preceding the date of the present offense, or 04 punishment under this subsection or under AS 28.35.032(p) was previously imposed 05 within the last 10 years. For purposes of determining minimum sentences based on 06 previous convictions, the provisions of (u)(4) of this section apply. Upon conviction, 07 the court 08 (1) shall impose a fine of not less than $10,000, require the person to 09 use an ignition interlock device after the person regains the privilege to operate a 10 motor vehicle for a minimum of 60 months, and impose a minimum sentence of 11 imprisonment of not less than 12 (A) 120 days if the person has been previously convicted twice; 13 (B) 240 days if the person has been previously convicted three 14 times; 15 (C) 360 days if the person has been previously convicted four 16 or more times; 17 (2) may not 18 (A) suspend execution of sentence or grant probation except on 19 condition that the person 20 (i) serve the minimum imprisonment under (1) of this 21 subsection; 22 (ii) pay the minimum fine required under (1) of this 23 subsection; 24 (B) suspend imposition of sentence; or 25 (C) suspend the requirement for an ignition interlock device for 26 a violation of (a)(1) of this section involving an alcoholic beverage or 27 intoxicating liquor, singly or in combination, or a violation of (a)(2) of this 28 section; 29 (3) shall permanently revoke the person's driver's license, privilege to 30 drive, or privilege to obtain a license subject to restoration of the license under (o) of 31 this section; 01 (4) may order that the person, while incarcerated or as a condition of 02 probation or parole, take a drug or combination of drugs intended to prevent the 03 consumption of an alcoholic beverage; a condition of probation or parole imposed 04 under this paragraph is in addition to any other condition authorized under another 05 provision of law; 06 (5) shall order forfeiture under AS 28.35.036 and the procedure  07 required under AS 12.35.200 - 12.35.220 and AS 12.36.300 - 12.36.350 of the 08 vehicle, watercraft, or aircraft used in the commission of the offense, subject to 09 remission under AS 28.35.037; and 10 (6) shall order the department to revoke the registration for any vehicle 11 registered by the department in the name of the person convicted under this 12 subsection; if a person convicted under this subsection is a registered co-owner of a 13 vehicle or is registered as a co-owner under a business name, the department shall 14 reissue the vehicle registration and omit the name of the person convicted under this 15 subsection. 16  * Sec. 26. AS 28.35.032(g) is amended to read: 17 (g) Upon conviction under this section, 18 (1) the court shall impose a minimum sentence of imprisonment of 19 (A) not less than 72 consecutive hours, require the person to 20 use an ignition interlock device after the person regains the privilege to operate 21 a motor vehicle for a minimum of six months, and impose a fine of not less 22 than $1,500 if the person has not been previously convicted; 23 (B) not less than 20 days, require the person to use an ignition 24 interlock device after the person regains the privilege to operate a motor 25 vehicle for a minimum of 12 months, and impose a fine of not less than $3,000 26 if the person has been previously convicted once; 27 (C) not less than 60 days, require the person to use an ignition 28 interlock device after the person regains the privilege to operate a motor 29 vehicle for a minimum of 18 months, and impose a fine of not less than $4,000 30 if the person has been previously convicted twice and is not subject to 31 punishment under (p) of this section; 01 (D) not less than 120 days, require the person to use an ignition 02 interlock device after the person regains the privilege to operate a motor 03 vehicle for a minimum of 24 months, and impose a fine of not less than $5,000 04 if the person has been previously convicted three times and is not subject to 05 punishment under (p) of this section; 06 (E) not less than 240 days, require the person to use an ignition 07 interlock device after the person regains the privilege to operate a motor 08 vehicle for a minimum of 30 months, and impose a fine of not less than $6,000 09 if the person has been previously convicted four times and is not subject to 10 punishment under (p) of this section; 11 (F) not less than 360 days, require the person to use an ignition 12 interlock device after the person regains the privilege to operate a motor 13 vehicle for a minimum of 36 months, and impose a fine of not less than $7,000 14 if the person has been previously convicted more than four times and is not 15 subject to punishment under (p) of this section; 16 (2) the court may not 17 (A) suspend execution of the sentence required by (1) of this 18 subsection or grant probation, except on condition that the person 19 (i) serve the minimum imprisonment under (1) of this 20 subsection; 21 (ii) pay the minimum fine required under (1) of this 22 subsection; 23 (B) suspend imposition of sentence; or 24 (C) suspend the requirement for an ignition interlock device; 25 (3) the court shall revoke the person's driver's license, privilege to 26 drive, or privilege to obtain a license under AS 28.15.181, and may order that the 27 motor vehicle, aircraft, or watercraft that was used in commission of the offense be 28 forfeited under AS 28.35.036 and the procedure required under AS 12.35.200 -  29 12.35.220 and AS 12.36.300 - 12.36.350; 30 (4) the court may order that the person, while incarcerated or as a 31 condition of probation or parole, take a drug or combination of drugs intended to 01 prevent the consumption of an alcoholic beverage; a condition of probation or parole 02 imposed under this paragraph is in addition to any other condition authorized under 03 another provision of law; and 04 (5) the sentence imposed by the court under this subsection shall run 05 consecutively with any other sentence of imprisonment imposed on the person. 06  * Sec. 27. AS 28.35.032(p) is amended to read: 07 (p) A person is guilty of a class C felony if the person is convicted under this 08 section and either has been previously convicted two or more times since January 1, 09 1996, and within the 10 years preceding the date of the present offense, or punishment 10 under this subsection or under AS 28.35.030(n) was previously imposed within the 11 last 10 years. For purposes of determining minimum sentences based on previous 12 convictions, the provisions of AS 28.35.030(u)(4) apply. Upon conviction, 13 (1) the court shall impose a fine of not less than $10,000, require the 14 person to use an ignition interlock device after the person regains the privilege to 15 operate a motor vehicle for a minimum of 60 months, and impose a minimum sentence 16 of imprisonment of not less than 17 (A) 120 days if the person has been previously convicted twice; 18 (B) 240 days if the person has been previously convicted three 19 times; 20 (C) 360 days if the person has been previously convicted four 21 or more times; 22 (2) the court may not 23 (A) suspend execution of the sentence required by (1) of this 24 subsection or grant probation, except on condition that the person 25 (i) serve the minimum imprisonment under (1) of this 26 subsection; 27 (ii) pay the minimum fine required under (1) of this 28 subsection; 29 (B) suspend imposition of sentence; or 30 (C) suspend the requirements for an ignition interlock device; 31 (3) the court shall permanently revoke the person's driver's license, 01 privilege to drive, or privilege to obtain a license subject to restoration under (q) of 02 this section; 03 (4) the court may order that the person, while incarcerated or as a 04 condition of probation or parole, take a drug, or combination of drugs intended to 05 prevent consumption of an alcoholic beverage; a condition of probation or parole 06 imposed under this paragraph is in addition to any other condition authorized under 07 another provision of law; 08 (5) the sentence imposed by the court under this subsection shall run 09 consecutively with any other sentence of imprisonment imposed on the person; 10 (6) the court shall order forfeiture under AS 28.35.036 and the  11 procedure required under AS 12.35.200 - 12.35.220 and AS 12.36.300 - 12.36.350 12 [,] of the motor vehicle, aircraft, or watercraft used in the commission of the offense, 13 subject to remission under AS 28.35.037; and 14 (7) the court shall order the department to revoke the registration for 15 any vehicle registered by the department in the name of the person convicted under 16 this subsection; if a person convicted under this subsection is a registered co-owner of 17 a vehicle, the department shall reissue the vehicle registration and omit the name of 18 the person convicted under this subsection. 19  * Sec. 28. AS 43.50.620 is amended to read: 20 Sec. 43.50.620. Forfeiture and destruction of seized cigarettes. Cigarettes 21 seized under AS 43.50.500 - 43.50.700 are forfeited to the state under this chapter  22 and the procedure required under AS 12.35.200 - 12.35.220 and AS 12.36.300 -  23 12.36.350. After notice and an opportunity for a hearing, the commissioner shall 24 destroy the cigarettes forfeited under this section. 25  * Sec. 29. AS 43.50.625(a) is amended to read: 26 (a) Upon a showing of probable cause that a person has committed the crime 27 of misconduct involving unstamped cigarettes or stamps in the first degree under 28 AS 43.50.640, the following are subject to forfeiture to the state under this chapter  29 and the procedure required under AS 12.35.200 - 12.35.220 and AS 12.36.300 -  30 12.36.350: 31 (1) material and equipment used in the manufacture, sale, offering for 01 sale, or possession for sale of cigarettes in this state in violation of AS 43.50.500 - 02 43.50.640 or 43.50.660 - 43.50.700; 03 (2) aircraft, vehicles, or vessels used to transport or facilitate the 04 transportation of cigarettes manufactured, sold, offered for sale, or possessed for sale 05 in this state in violation of AS 43.50.500 - 43.50.640 or 43.50.660 - 43.50.700; 06 (3) money, securities, negotiable instruments, or other things of value 07 used in financial transactions derived from activity prohibited under AS 43.50.500 - 08 43.50.640 or 43.50.660 - 43.50.700. 09  * Sec. 30. AS 43.50.625(d) is amended to read: 10 (d) Property subject to forfeiture under (a) of this section may be forfeited to  11 the state under this chapter and the procedure required under AS 12.35.200 -  12 12.35.220 and AS 12.36.300 - 12.36.350 13 (1) upon conviction of a person for a violation of AS 43.50.640; or 14 (2) upon judgment by the superior court in a proceeding in rem that the 15 property was used in a manner subjecting it to forfeiture under (a) of this section. 16  * Sec. 31. AS 12.36.050 is repealed. 17  * Sec. 32. The uncodified law of the State of Alaska is amended by adding a new section to 18 read: 19 APPLICABILITY. This Act applies to forfeitures occurring on or after the effective 20 date of this Act. 21  * Sec. 33. This Act takes effect July 1, 2017.