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HB 42: "An Act relating to seizure of property; relating to forfeiture to the state; relating to criminal law; amending Rules 3, 4, 11, 12, 16, 32, 32.2, 32.3, 39, 39.1, and 42, Alaska Rules of Criminal Procedure, Rules 501, 801, and 803, Alaska Rules of Evidence, and Rules 202, 209, and 217, Alaska Rules of Appellate Procedure; and providing for an effective date."

00                              HOUSE BILL NO. 42                                                                          
01 "An Act relating to seizure of property; relating to forfeiture to the state; relating to                               
02 criminal law; amending Rules 3, 4, 11, 12, 16, 32, 32.2, 32.3, 39, 39.1, and 42, Alaska                                 
03 Rules of Criminal Procedure, Rules 501, 801, and 803, Alaska Rules of Evidence, and                                     
04 Rules 202, 209, and 217, Alaska Rules of Appellate Procedure; and providing for an                                      
05 effective date."                                                                                                        
06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
07    * Section 1. AS 04.16.220(b) is amended to read:                                                                   
08            (b)  Property subject to forfeiture under this section may be forfeited to the                           
09       state under AS 12.36.300 - 12.36.490 [ACTUALLY OR CONSTRUCTIVELY                                              
10 SEIZED UNDER AN ORDER ISSUED BY THE SUPERIOR COURT UPON A                                                               
11 SHOWING OF PROBABLE CAUSE THAT THE PROPERTY IS SUBJECT TO                                                               
12 FORFEITURE UNDER THIS SECTION. CONSTRUCTIVE SEIZURE IS                                                                  
13 EFFECTED UPON POSTING A SIGNED NOTICE OF SEIZURE ON THE ITEM                                                            
01       TO BE FORFEITED, STATING THE VIOLATION AND THE DATE AND PLACE                                                     
02       OF SEIZURE. SEIZURE WITHOUT A COURT ORDER MAY BE MADE IF                                                          
03                 (1)  THE SEIZURE IS INCIDENT TO A VALID ARREST OR                                                       
04       SEARCH;                                                                                                           
05                 (2)  THE PROPERTY SUBJECT TO SEIZURE IS THE SUBJECT OF                                                  
06       A PRIOR JUDGMENT IN FAVOR OF THE STATE; OR                                                                        
07 (3)  THERE IS PROBABLE CAUSE TO BELIEVE THAT THE                                                                        
08 PROPERTY IS SUBJECT TO FORFEITURE UNDER (a) OF THIS SECTION;                                                            
09 EXCEPT FOR ALCOHOLIC BEVERAGES POSSESSED ON VIOLATION OF                                                                
10 AS 04.11.501 OR AN ORDINANCE ADOPTED UNDER AS 04.11.501,                                                                
11 PROPERTY SEIZED UNDER THIS PARAGRAPH MAY NOT BE HELD OVER                                                               
12 48 HOURS OR UNTIL AN ORDER OF FORFEITURE IS ISSUED BY THE                                                               
13       COURT, WHICHEVER IS EARLIER].                                                                                     
14    * Sec. 2. AS 08.54.720(f) is amended to read:                                                                      
15 (f)  In addition to the penalties set out in (b) - (e) of this section and a                                            
16       disciplinary sanction imposed under AS 08.54.710,                                                                 
17 (1)  the court may order the board to suspend the guide license or                                                      
18 transporter license of a person who commits a misdemeanor offense set out in (a)(1),                                    
19 (3) - (5), (7), (8), (17), (18), or (19) of this section for a specified period of not more                             
20       than three years;                                                                                                 
21 (2)  the court shall order the board to suspend the guide license or                                                    
22 transporter license of a person who commits a misdemeanor offense set out in (a)(2) or                                  
23 (9) - (14) of this section for a specified period of not less than one year and not more                                
24       than five years;                                                                                                  
25 (3)  the court shall order the board to suspend the guide license or                                                    
26 transporter license for a specified period of not less than three years, or to permanently                              
27 revoke the guide license or transporter license, of a person who commits an offense set                                 
28       out in (a)(15) or (16) of this section; and                                                                       
29 (4)  all guns, fishing tackle, boats, aircraft, automobiles, or other                                                   
30 vehicles, camping gear, and other equipment and paraphernalia used in, or in aid of, a                                  
31 violation of (a) of this section may be seized by persons authorized to enforce this                                    
01       chapter and may be forfeited to the state as provided under AS 12.36.300 - 12.36.490                          
02       [AS 16.05.195].                                                                                                   
03    * Sec. 3. AS 11.41.468(a) is amended to read:                                                                      
04 (a)  Property used to aid a violation of AS 11.41.410 - 11.41.458 or to aid the                                         
05 solicitation of, attempt to commit, or conspiracy to commit a violation of                                              
06 AS 11.41.410 - 11.41.458 may be forfeited to the state under AS 12.36.300 -                                         
07       12.36.490 upon the conviction of the offender.                                                                
08    * Sec. 4. AS 11.46.487 is amended to read:                                                                         
09            Sec. 11.46.487. Forfeiture of property upon conviction. Firearms and other                                 
10 personal property, except a motor vehicle, used in aid of a violation of AS 11.46.460,                                  
11 11.46.462, or 11.46.484(a)(5) may be forfeited to the state under AS 12.36.300 -                                    
12       12.36.490 upon conviction of the offender for the crime.                                                      
13    * Sec. 5. AS 11.61.129(a) is amended to read:                                                                      
14 (a)  Property used to aid a violation of AS 11.61.123 - 11.61.128 or to aid the                                         
15 solicitation of, attempt to commit, or conspiracy to commit a violation of                                              
16 AS 11.61.123 - 11.61.128 may be forfeited to the state under AS 12.36.300 -                                         
17       12.36.490 upon the conviction of the offender.                                                                
18    * Sec. 6. AS 11.66.145 is amended to read:                                                                         
19 Sec. 11.66.145. Forfeiture. Property used to institute, aid, or facilitate, or                                        
20 received or derived from, a violation of AS 11.66.100(e) or 11.66.110 - 11.66.135 may                                   
21       be forfeited to the state under AS 12.36.300 - 12.36.490 [AT SENTENCING].                                     
22    * Sec. 7. AS 11.66.270 is amended to read:                                                                         
23 Sec. 11.66.270. Forfeiture. If used in violation of AS 11.66.200 - 11.66.280,                                         
24 the following property shall be forfeited to the state under AS 12.36.300 - 12.36.490:                              
25                 (1)  a gambling device or gambling record;                                                              
26                 (2)  money, not found on the person, used as a bet or stake;                                            
27 (3)  money used as a bet or stake which is found on the person of one                                                   
28 who conducts, finances, manages, supervises, directs, or owns all or part of an                                         
29       unlawful gambling enterprise.                                                                                     
30    * Sec. 8. AS 11.73.060(a) is amended to read:                                                                      
31 (a)  Property used during or in aid of a violation of this chapter may be                                               
01       forfeited to the state under AS 12.36.300 - 12.36.490 [TO THE EXTENT                                          
02       PERMITTED UNDER AND IN ACCORDANCE WITH THE PROVISIONS OF                                                          
03       AS 17.30.110 - 17.30.126].                                                                                        
04    * Sec. 9. AS 12.36.020(a) is amended to read:                                                                      
05            (a)  A law enforcement agency may                                                                            
06                 (1)  not return property in its custody to the owner or the agent of the                                
07       owner, except as provided in AS 12.36.200 or 12.36.300 - 12.36.490, if                                        
08                      (A)  the property is in custody in connection with a children's                                    
09            court proceeding, a criminal proceeding, or an official investigation of a crime;                            
10            or                                                                                                           
11 (B)  the property in custody is subject to forfeiture under the                                                         
12            laws of the                                                                                                  
13                           (i)  state; or                                                                                
14 (ii)  United States, and the United States has commenced                                                                
15 forfeiture proceedings against the property or has requested the transfer                                               
16                 of the property for the commencement of forfeiture proceedings; and                                     
17 (2)  with the approval of the court, transfer the property to another state                                             
18 or federal law enforcement agency for forfeiture proceedings by that agency; the court                                  
19       having jurisdiction shall grant the approval under this paragraph if the property                                 
20 (A)  will be retained within the jurisdiction of the court by the                                                       
21            agency to which the property is being transferred; or                                                        
22                      (B)  is                                                                                            
23                           (i)  not needed as evidence; or                                                               
24 (ii)  needed as evidence, and the property is fungible or                                                               
25 the property's evidentiary value can otherwise be preserved without                                                     
26                 retaining the property within the jurisdiction of the court.                                            
27    * Sec. 10. AS 12.36.060(a) is amended to read:                                                                     
28 (a)  A deadly weapon, other than a firearm or ammunition, forfeited to the state                                        
29 under AS 12.36.300 - 12.36.490 [AS 12.55.015(a)(9), UNLESS REMITTED UNDER                                           
30 AS 12.36.050,] shall be disposed of by the commissioner of public safety under this                                     
31       section. Under this subsection, the commissioner of public safety                                                 
01                 (1)  may declare a weapon surplus and transfer it to the commissioner                                   
02       of administration;                                                                                                
03 (2)  may, if the weapon is suitable for law enforcement purposes,                                                       
04 training, or identification, retain the weapon for use by the Department of Public                                      
05 Safety or transfer the weapon to the municipal law enforcement agency making the                                        
06       arrest that led to the forfeiture;                                                                                
07                 (3)  shall destroy a weapon that is unsafe or unlawful.                                                 
08    * Sec. 11. AS 12.36.060(c) is amended to read:                                                                     
09            (c)  A firearm or ammunition forfeited to the state under AS 12.36.300 -                                 
10 12.36.490 [AS 12.55.015(a)(9), UNLESS REMITTED UNDER AS 12.36.050,] shall                                           
11       be disposed of as provided in AS 18.65.340.                                                                       
12    * Sec. 12. AS 12.36 is amended by adding new sections to read:                                                     
13                          Article 03. Forfeiture.                                                                      
14 Sec. 12.36.300. Property subject to forfeiture. (a) A person's property is                                            
15       subject to forfeiture to the state if the                                                                         
16                 (1)  person is arrested for an offense listed in AS 12.36.310;                                          
17                 (2)  person is convicted of the offense; and                                                            
18 (3)  state establishes by clear and convincing evidence that the property                                               
19       is subject to forfeiture under (c) of this section.                                                               
20 (b)  A court may waive the conviction requirement in (a)(2) of this section if                                          
21 the state proves by clear and convincing evidence that the person has been arrested                                     
22 and charged with a criminal offense listed in AS 12.36.310 and the person wilfully                                      
23 fails to appear as required, intentionally flees to evade prosecution, or is deceased. The                              
24 property remains subject to claims by innocent owners, creditors, and other third                                       
25       parties as provided under AS 12.36.300 - 12.36.490.                                                               
26 (c)  Following conviction for an offense listed in AS 12.36.310, a court may                                            
27       order a person to forfeit                                                                                         
28                 (1)  property the person acquired through commission of the offense;                                    
29 (2)  property directly traceable to property acquired through the                                                       
30       commission of the offense;                                                                                        
31 (3)  any instrumentality the person used in the commission of the                                                       
01       offense;                                                                                                          
02                 (4)  any item set out in AS 04.16.220, AS 17.30.110, AS 43.50.620, or                                   
03       43.50.625.                                                                                                        
04            (d)  Notwithstanding (c) of this section, the following property is exempt from                              
05       forfeiture:                                                                                                       
06                 (1)  homestead real property;                                                                           
07                 (2)  a motor vehicle worth less than $10,000 market value; and                                          
08                 (3)  United States currency totaling $1,000 or less.                                                    
09            (e)  Nothing in this section prevents property from being forfeited by the terms                             
10 of a plea agreement that is approved by a court or by other agreement of the parties to                                 
11       a criminal proceeding.                                                                                            
12 (f)  The state may not seek a personal money judgment or other remedy against                                           
13       a person not provided for under AS 12.36.300 - 12.36.490.                                                         
14 (g)  Except as provided in (h) of this section, at any time, at the request of the                                      
15 state, a court may issue a preliminary order to seize property that is subject to                                       
16 forfeiture and for which forfeiture is sought and to provide for the custody of the                                     
17 property. Before granting an order to seize property under this subsection, the court                                   
18 shall give any putative interest holder in the property the right to be heard with regard                               
19 to the seizure. The execution on the order to seize the property and the return of the                                  
20 property, if applicable, are subject to this chapter and other state laws. Before issuing                               
21       an order under this subsection, the court shall make a finding that                                               
22                 (1)  there is a substantial probability that the                                                        
23                      (A)  property is subject to forfeiture;                                                            
24                      (B)  state will prevail on the issue of forfeiture; and                                            
25 (C)  failure to enter the order will result in the property being                                                       
26 destroyed, removed from the state, or otherwise made unavailable for                                                    
27            forfeiture; and                                                                                              
28 (2)  the need to preserve the availability of the property through the                                                  
29 entry of the requested order outweighs the hardship to the owner and other parties                                      
30       known to be claiming interests in the property.                                                                   
31 (h)  Personal property subject to forfeiture under this section may be seized at                                        
01       any time, without a previous court order, if the                                                                  
02 (1)  seizure is incident to a lawful arrest for an offense or to a search                                               
03 lawfully conducted under a search warrant and the law enforcement officer making the                                    
04 arrest or executing the search has probable cause to believe the property is subject to                                 
05 forfeiture and that the subject of the arrest or search warrant is an owner of the                                      
06       property;                                                                                                         
07                 (2)  property subject to forfeiture is the subject of a previous judgment                               
08       in favor of the state; or                                                                                         
09                 (3)  law enforcement officer making the seizure has probable cause to                                   
10 believe the property is subject to forfeiture and that the delay occasioned by the need                                 
11 to obtain a court order would result in the removal or destruction of the property or                                   
12       otherwise frustrate the seizure.                                                                                  
13 (i)  The mere presence or possession of United States currency, without                                                 
14 evidence of criminal conduct, is not probable cause for seizure under (h) of this                                       
15       section.                                                                                                          
16 (j)  A court may issue an order to seize or secure real property for which                                              
17 forfeiture is sought only after notice and a hearing for the property owner to determine                                
18 the sufficiency of probable cause for the seizure. Nothing in this subsection prohibits                                 
19 the state from seeking a court order to prohibit the sale or destruction of the real                                    
20       property.                                                                                                         
21 Sec. 12.36.310. Offenses subject to forfeiture. (a) Forfeiture to the state is                                        
22       permitted following the conviction of a criminal offense under                                                    
23 (1)  AS 04.11.010, 04.11.499, 04.11.501, or an ordinance adopted                                                        
24       under AS 04.11.501;                                                                                               
25                 (2)  AS 04.16.205;                                                                                      
26                 (3)  AS 04.21.060;                                                                                      
27                 (4)  AS 08.54;                                                                                          
28 (5)  AS 11.41, AS 11.46, AS 11.56, or AS 11.61, if a deadly weapon                                                      
29 was in the actual possession of or used by the defendant during the commission of the                                   
30       offense;                                                                                                          
31                 (6)  AS 11.41.410 - 11.41.458, as set out in AS 11.41.468;                                              
01                 (7)  AS 11.46.460, 11.46.462, or 11.46.484(a)(5), if personal property,                                 
02       other than a motor vehicle, is used in aid of the offense;                                                        
03                 (8)  AS 11.61.123 - 11.61.128, as set out in AS 11.61.129;                                              
04                 (9)  AS 11.61.140;                                                                                      
05                 (10)  AS 11.66.100(e) or 11.66.110 - 11.66.135, as set out in                                           
06       AS 11.66.145;                                                                                                     
07                 (11)  AS 11.66.200 - 11.66.280, as set out in AS 11.66.270;                                             
08                 (12)  AS 11.71;                                                                                         
09                 (13)  AS 11.73;                                                                                         
10                 (14)  AS 16.05;                                                                                         
11                 (15)  AS 16.43.140(a), as set out in AS 16.43.970(g);                                                   
12                 (16)  an ordinance adopted under AS 28.01.015;                                                          
13                 (17)  AS 28.35.030 or 28.35.032;                                                                        
14                 (18)  AS 43.50.640;                                                                                     
15 (19)  any applicable law if a motor vehicle, weapon, electronic                                                         
16 communication device, or money or other valuable was used in or obtained through an                                     
17 offense that was committed for the benefit of, at the direction of, or in association with                              
18       a criminal street gang; or                                                                                        
19 (20)  any applicable law if a deadly weapon was in the actual                                                           
20 possession of or used by the defendant during the commission of a crime involving                                       
21       domestic violence.                                                                                                
22            (b)  In this section,                                                                                        
23                 (1)  "criminal street gang" has the meaning given in AS 11.81.900;                                      
24                 (2)  "deadly weapon" has the meaning given in AS 11.81.900.                                             
25 Sec. 12.36.320. Seizure of property; motion for return of property. (a)                                               
26 When a law enforcement officer seizes property that is subject to forfeiture to the                                     
27 state, the officer shall provide an itemized receipt to the person possessing the                                       
28 property or, in the absence of a person to whom the receipt could be given, shall leave                                 
29       the receipt in the place where the property was found, if possible.                                               
30 (b)  Following the seizure of property, the defendant in the related criminal                                           
31 matter or another person who claims an interest in seized property may, not later than                                  
01 60 days before a related criminal trial, claim an interest in seized property or request                                
02 return of seized property by a motion to the court. A motion filed under this subsection                                
03       must include facts to support the person's alleged interest in the property.                                      
04 (c)  If a person makes a timely motion under this section, the court shall hold a                                       
05 hearing on the motion within 30 days of the date on which the motion is filed, or                                       
06 before the resolution of any related criminal matter or forfeiture proceeding,                                          
07       whichever is earlier.                                                                                             
08 (d)  At least 10 days before a hearing on a motion filed under this section, the                                        
09 state shall file an answer or responsive motion that shows probable cause for the                                       
10       seizure.                                                                                                          
11            (e)  A court shall grant a claimant's motion if the court finds that                                         
12 (1)  it is likely that the final judgment will require the state to return the                                          
13       property to the claimant;                                                                                         
14 (2)  the property is not reasonably required to be held for investigatory                                               
15       reasons; or                                                                                                       
16 (3)  the property is the only reasonable means for a defendant to pay for                                               
17       legal representation in a related criminal or forfeiture proceeding.                                              
18 (f)  In its discretion, the court may order the return of funds or property                                             
19 sufficient to obtain legal counsel but less than the total amount seized, and the court                                 
20       may require an accounting.                                                                                        
21            (g)  In lieu of ordering the return of funds or property, a court may order                                  
22 (1)  the state to give security or written assurance for satisfaction of any                                            
23       judgment, including damages, that may be rendered in a related forfeiture action; or                              
24                 (2)  any other relief the court considers to be just.                                                   
25 (h)  When a claimant is not represented by an attorney, any inculpatory                                                 
26 statements made or inculpatory evidence presented to support the claim in a motion or                                   
27 during a hearing under this section may not be admitted as evidence against the                                         
28       claimant in a subsequent criminal proceeding.                                                                     
29 Sec. 12.36.330. Ancillary forfeiture. (a) Within 30 days after making a                                               
30 seizure of property or simultaneously upon filing a related criminal indictment, the                                    
31 state shall file a complaint of ancillary forfeiture proceedings or return the property to                              
01       the person from whom it was seized. A complaint of ancillary forfeiture proceedings                               
02       shall include the following:                                                                                      
03                 (1)  a description of the property seized;                                                              
04                 (2)  the date and place of seizure of the property;                                                     
05                 (3)  the name and address of the law enforcement agency making the                                      
06       seizure;                                                                                                          
07                 (4)  the specific statutory and factual grounds for the seizure;                                        
08                 (5)  whether the property was seized under an order of seizure or                                       
09       forfeiture, and, if the property was seized without an order of seizure or forfeiture, an                         
10 affidavit from a law enforcement officer stating the legal and factual grounds for why                                  
11       an order of seizure or forfeiture was not required; and                                                           
12 (6)  in the complaint caption and in the complaint, the names of persons                                                
13 known to the state who may claim an interest in the property and the basis for each                                     
14       person's alleged interest.                                                                                        
15 (b)  The complaint shall be served on the person from whom the property was                                             
16 seized, the person's attorney of record, and all persons known or reasonably believed                                   
17 by the state to claim an interest in the property. If some or all of those persons cannot                               
18 be served, a copy of the complaint must also be published at least three times in a                                     
19 newspaper of general circulation in the district of the court having jurisdiction until the                             
20       forfeiture proceeding is resolved.                                                                                
21 Sec. 12.36.340. Forfeiture proceedings. (a) A person who claims an interest                                           
22 in seized property shall file an answer to the complaint of forfeiture within 30 days                                   
23 after the date of service of the complaint. The answer must include facts to support the                                
24       claimant's alleged interest in the property.                                                                      
25 (b)  Jurisdiction and venue for a forfeiture proceeding are in the same court in                                        
26       which jurisdiction and venue lie for the criminal matter related to the seized property.                          
27 (c)  A forfeiture proceeding shall begin after the conclusion of the trial for the                                      
28 related criminal matter in an ancillary proceeding that relates to a defendant's property                               
29 before the same judge and jury, if applicable, and the court, and the jury, if applicable,                              
30 may consider the forfeiture of property seized from other persons at the same time or                                   
31 in a later proceeding. If the criminal defendant in the related criminal matter is                                      
01       represented by a public defender, conflict counsel, or other appointed counsel for                                
02       indigent defendants, the chief public defender, the district public defender, or the court                        
03       shall authorize representation of the defendant in the forfeiture proceeding.                                     
04            (d)  Discovery conducted in an ancillary forfeiture proceeding is subject to the                             
05       Alaska Rules of Criminal Procedure.                                                                               
06            (e)  An ancillary forfeiture proceeding that relates to the forfeiture of property                           
07       valued at less than $20,000 shall be held before a court sitting without a jury.                                  
08            (f)  If the state fails to prove, by clear and convincing evidence, that the                                 
09       property is subject to forfeiture,                                                                                
10 (1)  the forfeiture proceeding shall be dismissed and the property shall                                                
11 be delivered to the owner, unless the owner is unknown or the owner's possession of                                     
12       the property is illegal; and                                                                                      
13 (2)  the owner is not subject to any charges by the state for storage of                                                
14       the property or expenses incurred in the preservation of the property.                                            
15 (g)  The court shall enter a judgment of forfeiture, and the seized property shall                                      
16       be forfeited to the state, if the state proves by clear and convincing evidence that the                          
17                 (1)  property is subject to forfeiture;                                                                 
18 (2)  criminal prosecution of the owner of the seized property resulted in                                               
19       a conviction; and                                                                                                 
20 (3)  value of the property to be forfeited does not unreasonably exceed                                                 
21       the                                                                                                               
22 (A)  pecuniary gain derived or sought to be derived by the                                                              
23            offense;                                                                                                     
24 (B)  pecuniary loss caused or sought to be caused by the                                                                
25            offense; or                                                                                                  
26                      (C)  value of the convicted owner's interest in the property.                                      
27 (h)  In determining the value of property subject to forfeiture, the court may                                          
28       consider relevant factors, including the                                                                          
29                 (1)  fair market value of the property;                                                                 
30 (2)  value of the property to the defendant, including hardship that the                                                
31       defendant will suffer if the forfeiture is realized; and                                                          
01 (3)  hardship from the loss of a primary residence, motor vehicle, or                                                   
02       other property to the defendant's family members or others if the property is forfeited.                          
03 Sec. 12.36.350. Forfeiture of property to another state or the federal                                              
04 government. A law enforcement agency may transfer property in custody that is                                         
05 subject to forfeiture to another state or federal law enforcement agency for forfeiture                                 
06 proceedings by that agency upon approval of a court. The court having jurisdiction                                      
07 shall grant the approval under this section if the person is convicted of a crime with                                  
08       elements similar to the crimes listed in AS 12.36.310 and the property                                            
09 (1)  will be retained within the jurisdiction of the court by the agency to                                             
10       which the property is being transferred;                                                                          
11                 (2)  is                                                                                                 
12                      (A)  not needed as evidence; or                                                                    
13 (B)  needed as evidence, and the property is fungible or the                                                            
14 property's evidentiary value may otherwise be preserved without retaining                                               
15            property within the jurisdiction of the court.                                                               
16 Sec. 12.36.360. Forfeiture of substitute property. Following a person's                                               
17 conviction, the state may make a motion for forfeiture of substitute property owned by                                  
18 the person that is equal to but does not exceed the value of property that is subject to                                
19 forfeiture but that the state is unable to seize. The court shall order the forfeiture of                               
20 substitute property only if the state proves by clear and convincing evidence that the                                  
21 person intentionally transferred, sold, or deposited property with a third party to avoid                               
22 the court's jurisdiction and the forfeiture of the property, and the substitute property is                             
23       owned in full by the convicted person.                                                                            
24 Sec. 12.36.370. Joint and several liability prohibited. A person is not jointly                                       
25 and severally liable for orders for forfeiture of another person's property. When                                       
26 ownership of property is unclear, a court may order each person to forfeit the person's                                 
27       property on a pro rata basis or by another means the court considers to be equitable.                             
28 Sec. 12.36.380. Petition for unconstitutionally excessive forfeiture. (a) At                                          
29 any time following the conclusion of a forfeiture proceeding, the person whose                                          
30 property was forfeited may petition the court to determine whether the forfeiture was                                   
31       unconstitutionally excessive under the state or federal constitution.                                             
01 (b)  At a hearing on the petition, the petitioner has the burden of establishing                                        
02 by a preponderance of the evidence that the forfeiture was disproportionate to the                                      
03 seriousness of the criminal offense for which the person was convicted. The hearing                                     
04       shall be held before a court sitting without a jury.                                                              
05 (c)  In determining whether the forfeiture is unconstitutionally excessive under                                        
06 (a) of this section or disproportionate under (b) of this section, the court may consider                               
07       all relevant factors, including                                                                                   
08 (1)  the seriousness of the criminal offense and of its effect on the                                                   
09 community, the duration of the criminal activity, and the harm caused by the                                            
10       defendant;                                                                                                        
11                 (2)  the extent to which the defendant participated in the offense;                                     
12 (3)  the extent to which the property was used in committing the                                                        
13       offense;                                                                                                          
14 (4)  the sentence imposed for the commission of the offense that relates                                                
15       to the property that is subject to forfeiture; and                                                                
16                 (5)  whether the criminal offense was completed or attempted.                                           
17 (d)  The court may not consider the value of the property to the state when it                                          
18 determines whether the forfeiture of property is unconstitutionally excessive under (a)                                 
19       of this section or disproportionate under (b) of this section.                                                    
20 Sec. 12.36.390. Appeal. A party to a forfeiture proceeding under this chapter                                         
21 may appeal an order regarding the seizure, forfeiture, or distribution of property under                                
22       AS 22.07.020 or AS 22.15.240.                                                                                     
23 Sec. 12.36.400. Forfeited property. (a) The state acquires provisional title to                                       
24 seized property at the time the property was seized or a restraining order was entered                                  
25 in connection with an offense that subjects the property to forfeiture. Provisional title                               
26 authorizes the state to hold and protect the property. Title to the property vests with                                 
27 the state when a trier of fact renders a final forfeiture verdict, and the title relates back                           
28 to the time when the state acquired provisional title, if the title is subject to claims by                             
29       third parties that are adjudicated under this chapter.                                                            
30 (b)  Unless possession of the property is illegal, or a different disposition is                                        
31 specifically provided for by law, except as provided in this section, forfeited property                                
01 that is not currency shall be delivered along with any abandoned property to the state                                  
02 treasurer for disposition at a public auction. All forfeited currency and all sale                                      
03 proceeds of the sale of forfeited or abandoned property shall be deposited in the                                       
04       general fund.                                                                                                     
05 (c)  Proceeds from the sale of forfeited property received by the state from                                            
06 another jurisdiction shall be deposited in the general fund. If federal law prohibits                                   
07 compliance with this section, law enforcement agencies may not seek forfeited                                           
08 property or proceeds from the sale of forfeited property shared or transferred under                                    
09       federal law.                                                                                                      
10 (d)  A property interest forfeited to the state under AS 12.36.300 - 12.36.490 is                                       
11 subject to the interest of a secured party, unless, in the forfeiture proceeding, the state                             
12 proves by clear and convincing evidence that the secured party consented to the use of                                  
13 the property with knowledge that it would be used in connection with the offense that                                   
14       relates to the seizure of the property.                                                                           
15 (e)  When forfeiting property under AS 12.36.300 - 12.36.490, a court may                                               
16 award to a municipal law enforcement agency that participated in the arrest or                                          
17 conviction of the defendant, the seizure of property, or the identification of property                                 
18 for seizure, (1) the property if the property is worth $5,000 or less and is not money or                               
19 some other thing that is divisible, or (2) up to 75 percent of the property or the value of                             
20 the property if the property is worth more than $5,000 or is money or some other thing                                  
21 that is divisible. In determining the percentage a municipal law enforcement agency                                     
22 may receive under this subsection, the court shall consider the municipal law                                           
23 enforcement agency's total involvement in the case relative to the involvement of the                                   
24       state.                                                                                                            
25 Sec. 12.36.410. Innocent owner. (a) The property of an innocent owner may                                             
26       not be forfeited to the state.                                                                                    
27            (b)  A person is an innocent owner if the person                                                             
28 (1)  holds a legal right, title, or interest in the property seized and held                                            
29 the ownership interest in the seized property at the time the illegal conduct that gave                                 
30       rise to the seizure of the property occurred; or                                                                  
31                 (2)  was a bona fide purchaser for fair value.                                                          
01 (c)  A person claiming to be an innocent owner has the burden to prove the                                              
02       facts set out in (b) of this section.                                                                             
03 (d)  The state shall return property immediately to an established innocent                                             
04 owner who has an interest in homesteaded property, a motor vehicle valued at less                                       
05 than $10,000, or a conveyance that is encumbered by a security interest that was                                        
06 perfected under state law or that is subject to a lease or rental agreement, unless the                                 
07 secured party or lessor consented to the use of the property with knowledge that it                                     
08       would be used for a purpose for which forfeiture is permitted.                                                    
09 (e)  If a person establishes that the person is an innocent owner under this                                            
10 section, and the state pursues a forfeiture proceeding against the person's property, the                               
11 state shall prove by clear and convincing evidence that the innocent owner consented                                    
12 to the use of the property with knowledge that it would be used for a purpose for                                       
13       which forfeiture is permitted.                                                                                    
14 (f)  A person who acquired an ownership interest in property subject to                                                 
15 forfeiture after the commission of an offense that gave rise to the forfeiture, and who                                 
16 claims to be an innocent owner, has the burden of production to show that the person                                    
17       is an innocent owner under (b) of this section.                                                                   
18 (g)  If a person establishes that the person is an innocent owner under (f) of this                                     
19 section, and the state pursues a forfeiture proceeding against the person's property, the                               
20 state shall prove by clear and convincing evidence that, at the time the person acquired                                
21       the property, the person had                                                                                      
22                 (1)  actual knowledge that the property was subject to forfeiture; or                                   
23                 (2)  notice of a defect in title.                                                                       
24 (h)  If the state fails to meet its burdens as provided in (e) and (g) of this                                          
25 section, the court shall find that the person is an innocent owner and shall order the                                  
26       state to relinquish all claims of title to the innocent owner's property.                                         
27 Sec. 12.36.420. Seized property. (a) Seized currency alleged to be subject to                                         
28       forfeiture shall be deposited with the clerk of the court in an interest-bearing account.                         
29 (b)  Seized property, other than currency or real property, that is not required                                        
30       by federal or state law to be destroyed shall be                                                                  
31 (1)  placed under seal and removed to a place designated by the court;                                                  
01       or                                                                                                                
02                 (2)  held in the custody of a law enforcement agency.                                                   
03            (c)  Seized property shall be kept by the custodian in a manner to protect it                                
04       from theft or damage and, if ordered by the district court, insured against those risks.                          
05 (d)  A law enforcement agency may not retain forfeited or abandoned property.                                           
06 Sec. 12.36.430. Annual report. (a) Every law enforcement agency that                                                  
07 engaged in forfeitures in the previous year shall prepare an annual report of the                                       
08 agency's forfeitures conducted under AS 12.36.300 - 12.36.490 and under federal                                         
09       forfeiture law, and the report must include the following:                                                        
10 (1)  the total number of seizures of currency and the total amount of                                                   
11       currency forfeited;                                                                                               
12 (2)  the total number of seizures of property and the number and types                                                  
13       of items forfeited;                                                                                               
14                 (3)  the market value of each item of forfeited property;                                               
15 (4)  aggregate demographic information about the persons whose                                                          
16       property has been forfeited, including race, ethnicity, and sex; and                                              
17 (5)  the total number of occurrences of each class of offenses that                                                     
18       resulted in the forfeiture of property.                                                                           
19 (b)  A law enforcement agency shall submit its annual report to the Department                                          
20 of Public Safety and to the district attorney's office in the law enforcement agency's                                  
21 district. A law enforcement agency that did not engage in forfeiture under                                              
22 AS 12.36.300 - 12.36.490 or federal forfeiture law, or both, shall report that fact in its                              
23       annual report.                                                                                                    
24 (c)  The Department of Public Safety shall compile the reports submitted by                                             
25 each law enforcement agency and issue an aggregate report of all forfeitures in the                                     
26       state.                                                                                                            
27 (d)  By April 1 of each year, the Department of Public Safety shall publish on                                          
28 its Internet website the department's aggregate report and individual law enforcement                                   
29       agency reports submitted for the previous year.                                                                   
30 Sec. 12.36.440. Holding seized property. (a) A law enforcement agency that                                            
31 holds seized property shall return the seized property to the owner of the property                                     
01       within a reasonable time that does not exceed five days after                                                     
02                 (1)  a court finds that a person had a bona fide security interest in the                               
03       property;                                                                                                         
04                 (2)  a court finds that the owner is an innocent owner;                                                 
05                 (3)  the acquittal of or dismissal of related criminal charges against the                              
06       owner of the property; or                                                                                         
07                 (4)  dismissal of the criminal charge that was the basis of the forfeiture                              
08       proceedings by abandonment of the prosecution.                                                                    
09            (b)  A law enforcement agency that holds seized property is responsible for any                              
10 damage, storage fees, and related costs applicable to property that is returned to an                                   
11       owner under this section.                                                                                         
12 Sec. 12.36.450. Property transfer; joint investigations. (a) A law                                                    
13 enforcement agency may not refer or otherwise transfer property seized under state                                      
14 law to a federal agency seeking the adoption of the seized property by the federal                                      
15 agency. Nothing in this section shall be construed to prohibit the federal government,                                  
16       or any of its agencies, from seeking federal forfeiture.                                                          
17 (b)  A law enforcement agency participating in a joint investigation or task                                            
18 force with a federal agency may not transfer property to the federal government unless                                  
19 the court enters an order, upon petition of the prosecuting attorney, authorizing the                                   
20 property to be transferred. The court may enter an order authorizing a transfer to the                                  
21 federal government if the transfer is actually necessary for an active criminal case or                                 
22 criminal investigation brought by the federal government. The court may enter an                                        
23 order declining the transfer if the transfer would circumvent the protections provided                                  
24 under AS 12.36.300 - 12.36.490 or that would otherwise be available to a putative                                       
25       interest holder in the property.                                                                                  
26 (c)  In the event of an intended transfer of seized property to the federal                                             
27 government, the state or local agency intending to facilitate the transfer shall provide                                
28 all property owners with notice of the intended transfer at least 60 days before the                                    
29       transfer is to take place.                                                                                        
30 (d)  A property owner who believes that the intended transfer of property under                                         
31 this section is in violation of (a) of this section may file a request for a hearing with                               
01 the court having jurisdiction over the underlying property under AS 12.36.340(b) at                                     
02 least five days before the date of the intended transfer as stated in the notice required                               
03       under (c) of this section.                                                                                        
04 (e)  Property may not be transferred under this section until the state court                                           
05 having jurisdiction over the underlying property under AS 12.36.340(b) determines                                       
06 that the transfer will not circumvent the protections provided under AS 12.36.300 -                                     
07 12.36.490 or that would otherwise be available to a putative interest holder in the                                     
08 property and that the transfer is actually necessary for an active criminal case or                                     
09       criminal investigation brought by the federal government.                                                         
10 (f)  A transfer to the Alaska Wing, Civil Air Patrol, of a forfeited aircraft is                                        
11       subject to the conditions specified in AS 18.60.148(a).                                                           
12            Sec. 12.36.490. Definitions. In AS 12.36.300 - 12.36.490,                                                  
13 (1)  "abandoned property" means personal property the rights to which                                                   
14       and the control of which an owner has intentionally relinquished;                                                 
15 (2)  "actual knowledge" means a direct and clear awareness of                                                           
16       information, a fact or a condition;                                                                               
17 (3)  "conveyance" means a motor vehicle, trailer, snowmobile, airplane,                                                 
18 vessel, or any other equipment or device used for transportation, but does not include                                  
19       property that is stolen or taken in violation of a law;                                                           
20 (4)  "conviction" or "convicted" means that a person has been found                                                     
21 guilty of an offense in a trial court, whether by a plea of guilty or nolo contendere or                                
22       otherwise, and whether the sentence is deferred or suspended;                                                     
23 (5)  "instrumentality" means land, a building, a container, a                                                           
24 conveyance, equipment, materials, a product, a computer, computer software, a                                           
25 telecommunications device, a firearm, ammunition, a tool, money, a security, a                                          
26 negotiable instrument, other devices used for exchange of property, or other property                                   
27 lawful to possess that is used in the furtherance or commission of an offense to which                                  
28       forfeiture applies;                                                                                               
29                 (6)  "law enforcement agency" has the meaning given in AS 12.36.090;                                    
30                 (7)  "law enforcement officer"                                                                          
31 (A)  means a state or municipal peace officer or another person                                                         
01            granted the powers of a peace officer under state law to enforce criminal                                    
02            statutes;                                                                                                    
03                      (B)  does not mean a correctional officer;                                                         
04                 (8)  "owner" means a person who has a legal or equitable ownership                                      
05       interest in property;                                                                                             
06                 (9)  "property" means tangible or intangible personal property or real                                  
07       property;                                                                                                         
08                 (10)  "property subject to forfeiture" means property or an                                             
09       instrumentality described and declared to be subject to forfeiture under AS 12.36.300 -                           
10       12.36.490 or other state law; and                                                                                 
11 (11)  "secured party" means a person with a security or other protected                                                 
12 interest in property, whether the interest arose by mortgage, security agreement, lien,                                 
13 lease, or otherwise, the purpose of which security or interest is to secure the payment                                 
14       of a debt or protect a potential debt owed to the secured party.                                                  
15    * Sec. 13. AS 16.05.190 is amended to read:                                                                        
16 Sec. 16.05.190. Seizure and disposition of equipment. Guns, traps, nets,                                              
17 fishing tackle, boats, aircraft, automobiles or other vehicles, sleds, and other                                        
18 paraphernalia used in or in aid of a violation of this chapter or a regulation of the                                   
19 department may be seized under a valid search, and all fish and game, or parts of fish                                  
20 and game, or nests or eggs of birds, taken, transported, or possessed contrary to the                                   
21 provisions of this chapter or a regulation of the department shall be seized under                                  
22 AS 12.36.300 - 12.36.490 by any peace officer designated in AS 16.05.150. Upon                                      
23 conviction of the offender or upon judgment of the court having jurisdiction that the                                   
24 item was taken, transported, or possessed in violation of this chapter or a regulation of                               
25 the department, all fish and game, or parts of them are forfeited to the state under                                
26 AS 12.36.300 - 12.36.490 and shall be disposed of as directed by the court. [IF SOLD,                               
27 THE PROCEEDS OF THE SALE SHALL BE TRANSMITTED TO THE PROPER                                                             
28 STATE OFFICER FOR DEPOSIT IN THE GENERAL FUND.] Guns, traps, nets,                                                      
29 fishing tackle, boats, aircraft, or other vehicles, sleds, and other paraphernalia seized                               
30 under the provisions of this chapter or a regulation of the department, unless forfeited                                
31 by order of the court, shall be returned as provided under AS 12.36.300 - 12.36.490,                                
01       after completion of the case and payment of the fine, if any.                                                     
02    * Sec. 14. AS 16.05.722(b) is amended to read:                                                                     
03 (b)  In addition, the court shall order forfeiture to the state under                                               
04 AS 12.36.300 - 12.36.490 of any fish, or its fair market value, taken or retained as a                              
05 result of the commission of the violation. For purposes of this subsection, it is a                                     
06 rebuttable presumption that all fish found on board a fishing vessel used in or in aid of                               
07 a violation, or found at the fishing site, were taken or retained in violation of                                       
08 AS 16.05.440 - 16.05.690 or a commercial fisheries regulation of the Board of                                           
09 Fisheries or the department. It is the defendant's burden to show by a preponderance of                                 
10       the evidence that fish on board or at the site were lawfully taken and retained.                                  
11    * Sec. 15. AS 16.05.723(a) is amended to read:                                                                     
12 (a)  A person who negligently violates AS 16.05.440 - 16.05.690, or a                                                   
13 regulation of the Board of Fisheries or the department governing commercial fishing,                                    
14 is guilty of a misdemeanor and in addition to punishment under other provisions in                                      
15 this title, including AS 16.05.710 [AS 16.05.195 AND 16.05.710], is punishable upon                                 
16 conviction by a fine of not more than $15,000 or by imprisonment for not more than                                      
17 one year, or by both. In addition, the court shall order forfeiture to the state under                              
18 AS 12.36.300 - 12.36.490 of any fish, or its fair market value, taken or retained as a                              
19 result of the commission of the violation, and the court may order forfeiture to the                                
20 state of [FORFEIT] any vessel and any fishing gear under AS 12.36.300 - 12.36.490,                              
21 including any net, pot, tackle, or other device designed or employed to take fish                                       
22 commercially, that was used in or in aid of the violation. [ANY FISH, OR ITS FAIR                                       
23 MARKET VALUE, FORFEITED UNDER THIS SUBSECTION MAY NOT ALSO                                                              
24 BE FORFEITED UNDER AS 16.05.195.] For purposes of this subsection, it is a                                              
25 rebuttable presumption that all fish found on board a fishing vessel used in or in aid of                               
26 a violation, or found at the fishing site, were taken or retained in violation of                                       
27 AS 16.05.440 - 16.05.690 or a commercial fisheries regulation of the Board of                                           
28 Fisheries or the department, and it is the defendant's burden to show by a                                              
29 preponderance of the evidence that fish on board or at the site were lawfully taken and                                 
30       retained.                                                                                                         
31    * Sec. 16. AS 16.05.782(b) is amended to read:                                                                     
01 (b)  In addition to the penalty imposed by law under (a) of this section, the                                           
02 court shall order forfeiture to the state under AS 12.36.300 - 12.36.490 of the hide                                
03 and skull of the bear, but if the hide and skull are not salvaged and delivered to the                                  
04       department then the court shall impose an additional fine of up to $10,000.                                       
05    * Sec. 17. AS 16.05.783(c) is amended to read:                                                                     
06 (c)  A person who violates this section is guilty of a misdemeanor, and upon                                            
07 conviction is punishable by a fine of not more than $5,000, or by imprisonment for not                                  
08 more than one year, or by both. In addition, the court may order the aircraft and                                       
09 equipment used in or in aid of a violation of this section to be forfeited to the state                                 
10       under AS 12.36.300 - 12.36.490.                                                                               
11    * Sec. 18. AS 16.05.905(b) is amended to read:                                                                     
12 (b)  An alien person who violates (a) of this section is guilty of a misdemeanor,                                       
13 and upon conviction is punishable by a confiscation and forfeiture to the state under                               
14 AS 12.36.300 - 12.36.490 of the fishing vessel used in the violation, or by                                         
15 imprisonment for not more than one year, or by fine of not more than $10,000, or by                                     
16       all or any two of the foregoing punishments.                                                                      
17    * Sec. 19. AS 16.43.970(g) is amended to read:                                                                     
18            (g)  A person who violates the provisions of AS 16.43.140(a) is                                              
19 (1)  upon a first conviction, guilty of a class B misdemeanor and may                                                   
20 be sentenced to a definite term of imprisonment of not more than 90 days, or forfeiture                                 
21 to the state under AS 12.36.300 - 12.36.490 of the person's fishing vessel, or both,                                
22 and shall be sentenced to a fine of not less than $5,000 nor more than $10,000 and loss                                 
23       of commercial fishing privileges under (i) of this section;                                                       
24 (2)  upon a second conviction, guilty of a class A misdemeanor and                                                      
25 may be sentenced to a definite term of imprisonment of not more than one year, and                                      
26 shall be sentenced to a fine of not less than $10,000 nor more than $20,000, forfeiture                                 
27 to the state under AS 12.36.300 - 12.36.490 of the person's fishing vessel, and loss of                             
28       commercial fishing privileges under (i) of this section;                                                          
29 (3)  upon a third or subsequent conviction, guilty of a class A                                                         
30 misdemeanor and may be sentenced to a definite term of imprisonment of not more                                         
31 than one year, and shall be sentenced to a fine of not less than $20,000 nor more than                                  
01       $50,000, forfeiture to the state under AS 12.36.300 - 12.36.490 of the person's                               
02       fishing vessel, and loss of commercial fishing privileges under (i) of this section.                              
03    * Sec. 20. AS 17.30.110 is amended to read:                                                                        
04            Sec. 17.30.110. Items subject to forfeiture. The following may be forfeited to                             
05       the state under AS 12.36.300 - 12.36.490:                                                                     
06                 (1)  a controlled substance that has been manufactured, distributed,                                    
07       dispensed, acquired, or possessed in violation of this chapter or AS 11.71;                                       
08                 (2)  raw materials, products, and equipment that are used or intended                                   
09       for use in manufacturing, distributing, compounding, processing, delivering,                                      
10 importing, or exporting a controlled substance that is a felony under this chapter or                                   
11       AS 11.71;                                                                                                         
12 (3)  property that is used or intended for use as a container for property                                              
13       described in (1) or (2) of this section;                                                                          
14 (4)  a conveyance, including but not limited to aircraft, vehicles, or                                                  
15 vessels, that has been used or is intended for use in transporting or in any manner in                                  
16 facilitating the transportation, sale, receipt, possession, or concealment of property                                  
17 described in (1) or (2) of this section in violation of a felony offense under this chapter                             
18       or AS 11.71; however,                                                                                             
19 (A)  a conveyance may not be forfeited under this paragraph if                                                          
20 the owner of the conveyance establishes, by a preponderance of the evidence,                                            
21 at a hearing before the court as the trier of fact, that use of the conveyance in                                       
22 violation of this chapter or AS 11.71 was committed by another person and                                               
23            that the owner was neither a consenting party nor privy to the violation;                                    
24 (B)  a forfeiture of a conveyance encumbered by a valid security                                                        
25 interest at the time of seizure is subject to the interest of the secured party if the                                  
26 secured party establishes, by a preponderance of the evidence, at a hearing                                             
27 before the court as the trier of fact, that use of the conveyance in violation of                                       
28 this chapter or AS 11.71 was committed by another person and that the secured                                           
29            party was neither a consenting party nor privy to the violation;                                             
30 (5)  books, records, and research products and materials, including                                                     
31 formulas, microfilm, tapes, and data, that are used in violation of this chapter or                                     
01       AS 11.71;                                                                                                         
02                 (6)  money, securities, negotiable instruments, or other things of value                                
03       used in financial transactions derived from activity prohibited by this chapter or                                
04       AS 11.71; and                                                                                                     
05                 (7)  a firearm that is visible, carried during, or used in furtherance of a                             
06       violation of this chapter or AS 11.71.                                                                            
07    * Sec. 21. AS 18.60.148(a) is amended to read:                                                                     
08            (a)  A transfer to the Alaska Wing, Civil Air Patrol, of a forfeited aircraft under                          
09       AS 12.36.300 - 12.36.490 [AS 16.05.195(f), AS 17.30.122,] or another state law or                             
10       regulation is subject to the following conditions:                                                                
11                 (1)  the transfer shall be made without cost to the Civil Air Patrol;                                   
12                 (2)  the aircraft becomes a corporate Civil Air Patrol aircraft;                                        
13 (3)  the aircraft may only be used for Civil Air Patrol search and rescue,                                              
14       civil defense, and training purposes;                                                                             
15 (4)  the aircraft may not be transferred to another wing of the Civil Air                                               
16       Patrol unless                                                                                                     
17 (A)  the aircraft has been corporate aircraft of the Alaska Wing,                                                       
18 Civil Air Patrol for at least 36 months after the date of transfer to the Alaska                                        
19            Wing; or                                                                                                     
20 (B)  the aircraft is being exchanged for another Civil Air Patrol                                                       
21            corporate aircraft of equivalent or greater value;                                                           
22 (5)  if the Civil Air Patrol determines that the aircraft should be                                                     
23 disposed of as surplus property, the disposition shall first be approved by the                                         
24       Department of Administration.                                                                                     
25    * Sec. 22. AS 22.07.020(a) is amended to read:                                                                     
26 (a)  The court of appeals has appellate jurisdiction in actions and proceedings                                         
27       commenced in the superior court involving                                                                         
28                 (1)  criminal prosecution;                                                                              
29                 (2)  post-conviction relief;                                                                            
30 (3)  matters under AS 47.12, including waiver of jurisdiction over a                                                    
31       minor under AS 47.12.100;                                                                                         
01                 (4)  extradition;                                                                                       
02                 (5)  habeas corpus;                                                                                     
03                 (6)  probation and parole; [AND]                                                                        
04                 (7)  bail;                                                                                          
05                 (8)  forfeiture proceedings under AS 12.36.300 - 12.36.490.                                         
06    * Sec. 23. AS 22.15.240 is amended by adding a new subsection to read:                                             
07            (e)  Any party may appeal to the superior court a judgment of the district court                             
08       in a forfeiture proceeding under AS 12.36.300 - 12.36.490.                                                        
09    * Sec. 24. AS 28.35.030(b) is amended to read:                                                                     
10 (b)  Except as provided under (n) of this section, driving while under the                                              
11 influence of an alcoholic beverage, inhalant, or controlled substance is a class A                                      
12       misdemeanor. Upon conviction,                                                                                     
13                 (1)  the court shall impose a minimum sentence of imprisonment of                                       
14 (A)  not less than 72 consecutive hours, require the person to                                                          
15 use an ignition interlock device after the person regains the privilege, including                                      
16 any limited privilege, to operate a motor vehicle for a minimum of six months,                                          
17 and impose a fine of not less than $1,500 if the person has not been previously                                         
18            convicted;                                                                                                   
19 (B)  not less than 20 days, require the person to use an ignition                                                       
20 interlock device after the person regains the privilege, including any limited                                          
21 privilege, to operate a motor vehicle for a minimum of 12 months, and impose                                            
22 a fine of not less than $3,000 if the person has been previously convicted once;                                        
23 (C)  not less than 60 days, require the person to use an ignition                                                       
24 interlock device after the person regains the privilege, including any limited                                          
25 privilege, to operate a motor vehicle for a minimum of 18 months, and impose                                            
26 a fine of not less than $4,000 if the person has been previously convicted twice                                        
27            and is not subject to punishment under (n) of this section;                                                  
28 (D)  not less than 120 days, require the person to use an ignition                                                      
29 interlock device after the person regains the privilege, including any limited                                          
30 privilege, to operate a motor vehicle for a minimum of 24 months, and impose                                            
31 a fine of not less than $5,000 if the person has been previously convicted three                                        
01            times and is not subject to punishment under (n) of this section;                                            
02 (E)  not less than 240 days, require the person to use an ignition                                                      
03 interlock device after the person regains the privilege, including any limited                                          
04 privilege, to operate a motor vehicle for a minimum of 30 months, and impose                                            
05 a fine of not less than $6,000 if the person has been previously convicted four                                         
06            times and is not subject to punishment under (n) of this section;                                            
07 (F)  not less than 360 days, require the person to use an ignition                                                      
08 interlock device after the person regains the privilege, including any limited                                          
09 privilege, to operate a motor vehicle for a minimum of 36 months, and impose                                            
10 a fine of not less than $7,000 if the person has been previously convicted more                                         
11            than four times and is not subject to punishment under (n) of this section;                                  
12                 (2)  the court may not                                                                                  
13 (A)  suspend execution of sentence or grant probation except on                                                         
14            condition that the person                                                                                    
15 (i)  serve the minimum imprisonment under (1) of this                                                                   
16                 subsection;                                                                                             
17 (ii)  pay the minimum fine required under (1) of this                                                                   
18                 subsection;                                                                                             
19                      (B)  suspend imposition of sentence; or                                                            
20 (C)  suspend the requirement for an ignition interlock device for                                                       
21 a violation of (a)(1) of this section involving an alcoholic beverage or                                                
22 intoxicating liquor, singly or in combination, or a violation of (a)(2) of this                                         
23            section;                                                                                                     
24 (3)  the court shall revoke the person's driver's license, privilege to                                                 
25 drive, or privilege to obtain a license under AS 28.15.181, and may order that the                                      
26 motor vehicle, aircraft, or watercraft that was used in commission of the offense be                                    
27       forfeited under AS 12.36.300 - 12.36.490 [AS 28.35.036]; and                                                  
28 (4)  the court may order that the person, while incarcerated or as a                                                    
29 condition of probation or parole, take a drug or combination of drugs intended to                                       
30 prevent the consumption of an alcoholic beverage; a condition of probation or parole                                    
31 imposed under this paragraph is in addition to any other condition authorized under                                     
01       another provision of law.                                                                                         
02    * Sec. 25. AS 28.35.030(n) is amended to read:                                                                     
03 (n)  A person is guilty of a class C felony if the person is convicted under (a) of                                     
04 this section and either has been previously convicted two or more times since                                           
05 January 1, 1996, and within the 10 years preceding the date of the present offense, or                                  
06 punishment under this subsection or under AS 28.35.032(p) was previously imposed                                        
07 within the last 10 years. For purposes of determining minimum sentences based on                                        
08 previous convictions, the provisions of (u)(4) of this section apply. Upon conviction,                                  
09       the court                                                                                                         
10 (1)  shall impose a fine of not less than $10,000, require the person to                                                
11 use an ignition interlock device after the person regains the privilege to operate a                                    
12 motor vehicle for a minimum of 60 months, and impose a minimum sentence of                                              
13       imprisonment of not less than                                                                                     
14 (A)  120 days if the person has been previously convicted twice;                                                        
15 (B)  240 days if the person has been previously convicted three                                                         
16            times;                                                                                                       
17 (C)  360 days if the person has been previously convicted four                                                          
18            or more times;                                                                                               
19                 (2)  may not                                                                                            
20 (A)  suspend execution of sentence or grant probation except on                                                         
21            condition that the person                                                                                    
22 (i)  serve the minimum imprisonment under (1) of this                                                                   
23                 subsection;                                                                                             
24 (ii)  pay the minimum fine required under (1) of this                                                                   
25                 subsection;                                                                                             
26                      (B)  suspend imposition of sentence; or                                                            
27 (C)  suspend the requirement for an ignition interlock device for                                                       
28 a violation of (a)(1) of this section involving an alcoholic beverage or                                                
29 intoxicating liquor, singly or in combination, or a violation of (a)(2) of this                                         
30            section;                                                                                                     
31 (3)  shall permanently revoke the person's driver's license, privilege to                                               
01 drive, or privilege to obtain a license subject to restoration of the license under (o) of                              
02       this section;                                                                                                     
03 (4)  may order that the person, while incarcerated or as a condition of                                                 
04 probation or parole, take a drug or combination of drugs intended to prevent the                                        
05 consumption of an alcoholic beverage; a condition of probation or parole imposed                                        
06 under this paragraph is in addition to any other condition authorized under another                                     
07       provision of law;                                                                                                 
08 (5)  shall order forfeiture under AS 12.36.300 - 12.36.490                                                          
09 [AS 28.35.036] of the vehicle, watercraft, or aircraft used in the commission of the                                    
10       offense [, SUBJECT TO REMISSION UNDER AS 28.35.037]; and                                                          
11 (6)  shall order the department to revoke the registration for any vehicle                                              
12 registered by the department in the name of the person convicted under this                                             
13 subsection; if a person convicted under this subsection is a registered co-owner of a                                   
14 vehicle or is registered as a co-owner under a business name, the department shall                                      
15 reissue the vehicle registration and omit the name of the person convicted under this                                   
16       subsection.                                                                                                       
17    * Sec. 26. AS 28.35.032(g) is amended to read:                                                                     
18            (g)  Upon conviction under this section,                                                                     
19                 (1)  the court shall impose a minimum sentence of imprisonment of                                       
20 (A)  not less than 72 consecutive hours, require the person to                                                          
21 use an ignition interlock device after the person regains the privilege to operate                                      
22 a motor vehicle for a minimum of six months, and impose a fine of not less                                              
23            than $1,500 if the person has not been previously convicted;                                                 
24 (B)  not less than 20 days, require the person to use an ignition                                                       
25 interlock device after the person regains the privilege to operate a motor                                              
26 vehicle for a minimum of 12 months, and impose a fine of not less than $3,000                                           
27            if the person has been previously convicted once;                                                            
28 (C)  not less than 60 days, require the person to use an ignition                                                       
29 interlock device after the person regains the privilege to operate a motor                                              
30 vehicle for a minimum of 18 months, and impose a fine of not less than $4,000                                           
31 if the person has been previously convicted twice and is not subject to                                                 
01            punishment under (p) of this section;                                                                        
02 (D)  not less than 120 days, require the person to use an ignition                                                      
03 interlock device after the person regains the privilege to operate a motor                                              
04 vehicle for a minimum of 24 months, and impose a fine of not less than $5,000                                           
05 if the person has been previously convicted three times and is not subject to                                           
06            punishment under (p) of this section;                                                                        
07 (E)  not less than 240 days, require the person to use an ignition                                                      
08 interlock device after the person regains the privilege to operate a motor                                              
09 vehicle for a minimum of 30 months, and impose a fine of not less than $6,000                                           
10 if the person has been previously convicted four times and is not subject to                                            
11            punishment under (p) of this section;                                                                        
12 (F)  not less than 360 days, require the person to use an ignition                                                      
13 interlock device after the person regains the privilege to operate a motor                                              
14 vehicle for a minimum of 36 months, and impose a fine of not less than $7,000                                           
15 if the person has been previously convicted more than four times and is not                                             
16            subject to punishment under (p) of this section;                                                             
17                 (2)  the court may not                                                                                  
18 (A)  suspend execution of the sentence required by (1) of this                                                          
19            subsection or grant probation, except on 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;                                     
26 (3)  the court shall revoke the person's driver's license, privilege to                                                 
27 drive, or privilege to obtain a license under AS 28.15.181, and may order that the                                      
28 motor vehicle, aircraft, or watercraft that was used in commission of the offense be                                    
29       forfeited under AS 12.36.300 - 12.36.490 [AS 28.35.036];                                                      
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 to the state under AS 12.36.300 -                                             
11 12.36.490 [UNDER AS 28.35.036,] of the motor vehicle, aircraft, or watercraft used                                  
12 in the commission of the offense [, SUBJECT TO REMISSION UNDER                                                          
13       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 AS 12.36.300 -                               
22 12.36.490. After notice and an opportunity for a hearing, the commissioner shall                                    
23       destroy the cigarettes forfeited under this section.                                                              
24    * Sec. 29. AS 43.50.625(a) is amended to read:                                                                     
25 (a)  Upon a showing of probable cause that a person has committed the crime                                             
26 of misconduct involving unstamped cigarettes or stamps in the first degree under                                        
27 AS 43.50.640, the following are subject to forfeiture to the state under AS 12.36.300                               
28       - 12.36.490:                                                                                                  
29 (1)  material and equipment used in the manufacture, sale, offering for                                                 
30 sale, or possession for sale of cigarettes in this state in violation of AS 43.50.500 -                                 
31       43.50.640 or 43.50.660 - 43.50.700;                                                                               
01                 (2)  aircraft, vehicles, or vessels used to transport or facilitate the                                 
02       transportation of cigarettes manufactured, sold, offered for sale, or possessed for sale                          
03       in this state in violation of AS 43.50.500 - 43.50.640 or 43.50.660 - 43.50.700;                                  
04                 (3)  money, securities, negotiable instruments, or other things of value                                
05       used in financial transactions derived from activity prohibited under AS 43.50.500 -                              
06       43.50.640 or 43.50.660 - 43.50.700.                                                                               
07    * Sec. 30. AS 43.50.625(d) is amended to read:                                                                     
08            (d)  Property subject to forfeiture under (a) of this section may be forfeited to                        
09       the state under AS 12.36.300 - 12.36.490                                                                      
10 [(1)  UPON CONVICTION OF A PERSON FOR A VIOLATION OF                                                                    
11       AS 43.50.640; OR                                                                                                  
12 (2)  UPON JUDGMENT BY THE SUPERIOR COURT IN A                                                                           
13 PROCEEDING IN REM THAT THE PROPERTY WAS USED IN A MANNER                                                                
14       SUBJECTING IT TO FORFEITURE UNDER (a) OF THIS SECTION].                                                           
15    * Sec. 31. AS 04.16.220(c), 04.16.220(d), 04.16.220(e), 04.16.220(f), 04.16.220(g),                                
16 04.16.220(h), 04.16.220(i), 04.16.220(j), 04.16.220(k); AS 11.73.060(b); AS 12.36.050;                                  
17 AS 12.55.015(a)(9), 12.55.015(a)(11), 12.55.015(f); AS 16.05.195; AS 17.30.112, 17.30.114,                              
18 17.30.116, 17.30.118, 17.30.120, 17.30.122, 17.30.124, 17.30.126; AS 28.35.036, 28.35.037;                              
19 AS 43.50.625(b), 43.50.625(c), 43.50.625(e), 43.50.625(f), 43.50.625(g), 43.50.625(h),                                  
20 43.50.625(i), and 43.50.625(j) are repealed.                                                                            
21    * Sec. 32. The uncodified law of the State of Alaska is amended by adding a new section to                         
22 read:                                                                                                                   
23 INDIRECT COURT RULE AMENDMENTS. The provisions of AS 12.36.300 -                                                        
24 12.36.490, added by sec. 12 of this Act, have the effect of changing Rules 3, 4, 11, 12, 16, 32,                        
25 32.2, 32.3, 39, 39.1, and 42, Alaska Rules of Criminal Procedure, Rules 501, 801, and 803,                              
26 Alaska Rules of Evidence, and Rules 202, 209, and 217, Alaska Rules of Appellate                                        
27 Procedure, by establishing requirements for forfeiture proceedings and appeals and relating to                          
28 admissible evidence in those proceedings and appeals.                                                                   
29    * Sec. 33. The uncodified law of the State of Alaska is amended by adding a new section to                         
30 read:                                                                                                                   
31 APPLICABILITY. This Act applies to offenses, seizures, or forfeitures occurring on                                      
01 or after the effective date of this Act.                                                                                
02    * Sec. 34. The uncodified law of the State of Alaska is amended by adding a new section to                         
03 read:                                                                                                                   
04       CONDITIONAL EFFECT. This Act takes effect only if sec. 32 of this Act receives                                    
05 the two-thirds majority vote of each house required by art. IV, sec. 15, Constitution of the                            
06 State of Alaska.                                                                                                        
07    * Sec. 35. This Act takes effect July 1, 2017.