03/29/2010 01:30 PM Senate JUDICIARY

                SB 297-RETURN OF SEIZED PROPERTY                                                                            
                                                                                                                                
2:26:04 PM                                                                                                                    
CHAIR FRENCH announced  the consideration of SB 297.  He noted the                                                              
proposed committee substitute (CS).                                                                                             
                                                                                                                                
SENATOR WIELECHOWSKI  moved to adopt  the proposed CS for  SB 297,                                                              
labeled 26-LS1536\E, as the working document.                                                                                   
                                                                                                                                
CHAIR FRENCH objected for discussion purposes.                                                                                  
                                                                                                                                
SENATOR  DYSON, sponsor  of SB 297,  said the  CS clarifies  three                                                              
things at the request of the Department of Law:                                                                                 
     1) Page 1, line 9, clarifies that "interested parties"                                                                     
        identified in version R, includes the prosecution,                                                                      
        defense and other interested parties.                                                                                   
     2) Page 2, lines 1-2 adds the language "or another                                                                         
        interested party", to address those situations where a                                                                  
        third is claiming an ownership and possessory interest                                                                  
        in the property.                                                                                                        
     3) Page 2, line 3, replaces the word "receiving" in version                                                                
        R, with "claiming". This clarifies that the person                                                                      
        making the request for return of property may not                                                                       
        receive the property from the court.                                                                                    
                                                                                                                                
SENATOR  DYSON referenced  the letters  of support  in the  packet                                                              
and noted  that the  Office of Victims'  Rights said  DOL endorsed                                                              
the  bill.  Although   DOL  doesn't  oppose  the   bill,  it's  an                                                              
overstatement to say they endorsed it.                                                                                          
                                                                                                                                
2:27:59 PM                                                                                                                    
SENATOR  WIELECHOWSKI questioned  whether this  meshes with  other                                                              
laws  that  require  law  enforcement to  retain  property  -  DNA                                                              
evidence in particular.                                                                                                         
                                                                                                                                
SENATOR DYSON explained  that the bill aims to  return valuable or                                                              
beneficial  property to victims  of property  crimes. The  goal is                                                              
to  make  the  victims  whole  as   quickly  as  possible  without                                                              
compromising the prosecution.                                                                                                   
                                                                                                                                
CHAIR FRENCH  noted that the gist  of that is captured  on page 2,                                                              
lines 1-2. The law  enforcement agency can always step  up and say                                                              
it has to retain  the property, which would help  the court make a                                                              
decision.                                                                                                                       
                                                                                                                                
SENATOR DYSON  added that he anticipates  that a judge  might tell                                                              
the property  owner that he or  she can't sell the  property until                                                              
the case is settled.                                                                                                            
                                                                                                                                
CHAIR FRENCH  removed his objection  and version E was  before the                                                              
committee.                                                                                                                      
                                                                                                                                
2:29:47 PM                                                                                                                    
SENATOR  MCGUIRE moved  to report  CS  for SB  297 from  committee                                                              
with  individual  recommendations  and  attached  fiscal  note(s).                                                              
There  being no  objection, CSSB  297(JUD) moved  from the  Senate                                                              
Judiciary Standing Committee.