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CSHB 42(JUD): "An Act relating to seizure of property; relating to forfeiture to the state; relating to criminal law; and providing for an effective date."

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