1993-03-01                     House Journal                      Page 0489
HB 188                                                                       
HOUSE BILL NO. 188 by the House Rules Committee by request of                  
the Governor, entitled:                                                        

1993-03-01                     House Journal                      Page 0490
HB 188                                                                       
"An Act relating to forfeiture of certain property; and providing             
for an effective date."                                                        
                                                                               
was read the first time and referred to the Judiciary and Finance              
Committees.                                                                    
                                                                               
The following fiscal notes apply to HB 188:                                    
                                                                               
Zero fiscal notes (2), Dept. of Administration, 3/1/93                         
Zero fiscal note, Dept. of Public Safety, 3/1/93                               
Zero fiscal note, Dept. of Law, 3/1/93                                         
                                                                               
"Dear Speaker Barnes:                                                          
                                                                               
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am     
transmitting a bill amending the states asset forfeiture laws to make          
them more effective.  Many of these changes are found in the Model             
Asset Seizure and Forfeiture Act (1991), prepared by the American              
Prosecutor's Research Institute.  This bill                                    
                                                                               
 --  permits forfeiture of real property, including buildings;                 
                                                                               
 --  permits tracing of drug money to allow forfeiture of any                  
property purchased with that money;                                            
                                                                               
 --  permits forfeiture of all dangerous instruments used by a drug            
dealer, while existing law requires forfeiture only of firearms;               
                                                                               
 --  permits the sharing of forfeited assets between municipal police          
departments and the state;                                                     
                                                                               
 --  requires the costs of the forfeiture proceedings to be paid by the        
drug dealer;                                                                   
                                                                               
 --  allows the court to forfeit other assets of the drug dealer if the        
property to be forfeited is commingled with other property, has been           
removed from the jurisdiction, or has been destroyed by the drug               
dealer;                                                                        
                                                                               
 --  gives the state a perfected priority lien on the forfeited                
property, and thus avoids the pitfalls of Fehir v. State, 739 P.2d 785         

1993-03-01                     House Journal                      Page 0491
HB 188                                                                       
(Alaska App. 1987), which permits unsecured creditors to claim                 
forfeited property; and                                                        
                                                                               
 --  resolves some of the procedural ambiguities in existing                   
forfeiture law noted in Badoino v. State, 785 P.2d 39 (Alaska App.             
1990).                                                                         
                                                                               
This bill is one of four that I am introducing this session to create          
tough new laws to combat drugs and violent crime.  If enacted, these           
bills will give the state the tools it needs to prosecute serious criminals    
fairly and effectively.                                                        
                                                                               
I urge your favorable action on this bill.                                     
                                                                               
    Sincerely,                                                                 
         /s/                                                                   
    Walter J. Hickel                                                           
    Governor"