Legislature(2009 - 2010)BELTZ 105 (TSBldg)
03/17/2010 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB284 | |
| Confirmations | |
| SB284 | |
| SB297 | |
| SB202 | |
| SB284 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | SB 202 | TELECONFERENCED | |
| *+ | SB 297 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| = | SB 284 | ||
SB 297-RETURN OF SEIZED PROPERTY
2:17:57 PM
CHAIR FRENCH announced the consideration of SB 297.
SENATOR FRED DYSON, sponsor of SB 297, noted that he has a
committee substitute (CS) to propose.
2:18:46 PM
CHUCK KOPP, Staff to Senator Dyson, said SB 297 ensures that
seized property is held only as long as is necessary so as to
not jeopardize the case. The bill provides in Title 12 an
identifiable process for an individual to petition the court for
the recovery of their property in circumstances where they are
not otherwise able to reach agreement with interested parties.
MR. KOPP related that prosecutors statewide have indicated that
the current process could use refinement, particularly when the
property is of significant value. The Alaska Peace Officers'
Association has endorsed the proposed CS, which additionally
states that within 10 days of a request for return of property
and upon reasonable notice to interested parties, the agency
shall request a hearing before the court.
CHAIR FRENCH asked for a motion to adopt the CS.
2:21:49 PM
SENATOR COGHILL moved to adopt the judiciary work draft CS for
SB 297, labeled 26-LS1536\R, as the working document. There
being no objection, version R was before the committee.
CHAIR FRENCH noted the letter of support from law enforcement
and asked the sponsor if he had anything else to say about the
bill.
SENATOR DYSON related anecdotal stories to demonstrate the need
and noted that some heavy equipment operators don't call the
police when their equipment is stolen because the return time is
too long.
2:24:53 PM
ANNE CARPENETI, Attorney, Criminal Division, Department of Law
(DOL), said getting property back to victims of crime is very
important, but the problem is that the state sometimes needs to
hold the seized property as evidence in a criminal procedure.
The defense often has an interest in that too. She said she is
concerned and would like to talk to the sponsor about the 10-day
limit for retaining the property after a request and the
provision that allows both the defense bar and the prosecution
to weigh in. If the police have to give the evidence back it
breaks the chain of custody. She also suggested the possibility
of cross referencing this with other bills. For example, a bill
under consideration now pertains to retention of evidence for a
long period of time. She summarized that the bill is generally a
good idea and DOL could support the concept but it has concerns.
2:27:19 PM
SENATOR MCGUIRE joined the committee.
CHAIR FRENCH asked Ms. Carpeneti at the next hearing to provide
concrete ideas about how to address the concerns she articulated
and announced he would hold SB 297 in committee.
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