00                SENATE CS FOR CS FOR HOUSE BILL NO. 32(JUD)                                                             
01 "An Act relating to the forfeiture of property used to possess or distribute child                                      
02 pornography, to commit indecent viewing or photography, to commit a sex offense, or to                                  
03 solicit the commission of, attempt to commit, or conspire to commit possession or                                       
04 distribution of child pornography, indecent viewing or photography, or a sexual                                         
05 offense."                                                                                                               
06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
07    * Section 1.  The uncodified law of the State of Alaska is amended by adding a new section                         
08 to read:                                                                                                                
09       INTENT.  The forfeitures contemplated by this Act are intended to be forfeitures                                  
10 imposed in connection with conviction for a crime.  The legislature intends for the courts to                           
11 continue to provide hearings to interested persons who have an ownership interest in                                    
12 equipment subject to forfeiture under this Act and to allow for remission to innocent                                   
13 nonnegligent third parties as applied in State v.  Rice, 626 P.2d 104 (Alaska 1981), Fehir v.                           

01 State, 755 P.2d 1107 (Alaska 1988), and Baum v.  State, __ P.2d __ (Alaska App. 2001).                                
02    * Sec. 2.  AS 11.41 is amended by adding a new section to read:                                                    
03            Sec. 11.41.468.  Forfeiture of property used in sexual offense.  (a)  Property                           
04       used to aid a violation of AS 11.41.410 - 11.41.470 or to aid the solicitation of,                                
05       attempt to commit, or conspiracy to commit a violation of AS 11.41.410 - 11.41.470                                
06       may be forfeited to the state upon the conviction of the offender.                                                
07            (b)  In this section, "property" means computer equipment,                                                   
08       telecommunications equipment, photography equipment, video or audio equipment,                                    
09       books, magazines, photographs, videotapes, audiotapes, and any equipment or device,                               
10       regardless of format or technology employed, that can be used to store, create, modify,                           
11       receive, transmit, or distribute digital or analog information, including images, motion                          
12       pictures, and sounds.                                                                                             
13    * Sec. 3.  AS 11.61 is amended by adding a new section to read:                                                    
14            Sec. 11.61.129.  Forfeiture of property used in indecent viewing or                                      
15       photography or child pornography.  (a)  Property used to aid a violation of                                     
16       AS 11.61.123 - 11.61.127 or to aid the solicitation of, attempt to commit, or                                     
17       conspiracy to commit a violation of AS 11.61.123 - 11.61.127 may be forfeited to the                              
18       state upon the conviction of the offender.                                                                        
19            (b)  In this section, "property" has the meaning given in AS 11.41.468.