Legislature(2017 - 2018)GRUENBERG 120

03/01/2017 01:00 PM JUDICIARY

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01:04:08 PM Start
01:04:50 PM Confirmation Hearing(s):
01:20:11 PM HB42
01:48:59 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Confirmation Hearing: Violent Crimes TELECONFERENCED
Compensation & Judicial Council
+= HB 42 FORFEITURE & SEIZURE: PROCEDURE; LIMITS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                         March 1, 2017                                                                                          
                           1:04 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Matt Claman, Chair                                                                                               
Representative Zach Fansler, Vice Chair                                                                                         
Representative Jonathan Kreiss-Tomkins                                                                                          
Representative Gabrielle LeDoux                                                                                                 
Representative David Eastman                                                                                                    
Representative Chuck Kopp                                                                                                       
Representative Lora Reinbold                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Charisse Millett (alternate)                                                                                     
Representative Louise Stutes (alternate)                                                                                        
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CONFIRMATION HEARING(S):                                                                                                        
                                                                                                                                
Violent Crimes Compensation Board                                                                                             
                                                                                                                                
     Jeffrey Michael Stubblefield - Anchorage                                                                                   
                                                                                                                                
     Nora Barlow - Anchorage                                                                                                    
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
Alaska Judicial Council                                                                                                       
                                                                                                                                
     Lynn Marie Gallant - Anchorage                                                                                             
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
HOUSE BILL NO. 42                                                                                                               
"An Act relating  to seizure of property;  relating to forfeiture                                                               
to the state; relating to criminal  law; amending Rules 3, 4, 11,                                                               
12,  16, 32,  32.2,  32.3,  39, 39.1,  and  42,  Alaska Rules  of                                                               
Criminal  Procedure, Rules  501, 801,  and 803,  Alaska Rules  of                                                               
Evidence, and Rules 202, 209,  and 217, Alaska Rules of Appellate                                                               
Procedure; and providing for an effective date."                                                                                
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 42                                                                                                                   
SHORT TITLE: FORFEITURE & SEIZURE: PROCEDURE; LIMITS                                                                            
SPONSOR(s): REPRESENTATIVE(s) WILSON                                                                                            
                                                                                                                                
01/18/17       (H)       PREFILE RELEASED 1/13/17                                                                               
01/18/17       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/18/17       (H)       JUD, FIN                                                                                               
01/23/17       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
01/23/17       (H)       Heard & Held                                                                                           
01/23/17       (H)       MINUTE (JUD)                                                                                           
03/01/17       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
JEFFREY STUBBLEFIELD, Appointee                                                                                                 
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  As appointee to the Violent Crimes                                                                       
Compensation Board, discussed his qualifications and answered                                                                   
questions.                                                                                                                      
                                                                                                                                
LYNNE GALLANT, Appointee                                                                                                        
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  As appointee to the Alaska Judicial                                                                      
Council, discussed her qualifications and answered questions.                                                                   
                                                                                                                                
JOHN SKIDMORE, Director                                                                                                         
Criminal Division                                                                                                               
Department of Law (DOL)                                                                                                         
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  During the hearing of HB 42, offered                                                                     
testimony and answered questions.                                                                                               
                                                                                                                                
REPRESENTATIVE TAMMIE WILSON                                                                                                    
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  During the hearing of HB 42, discussed the                                                               
proposed amendments.                                                                                                            
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:04:08 PM                                                                                                                    
                                                                                                                                
CHAIR MATT  CLAMAN called the House  Judiciary Standing Committee                                                             
meeting to  order at 1:04  p.m. Representatives  Claman, Fansler,                                                               
Eastman, Reinbold,  and Kopp were  present at the call  to order.                                                               
Representatives Kreiss-Tomkins and LeDoux  arrived as the meeting                                                               
was in progress.                                                                                                                
                                                                                                                                
^CONFIRMATION HEARING(S):                                                                                                       
                    CONFIRMATION HEARING(S):                                                                                
               VIOLENT CRIMES COMPENSATION BOARD                                                                            
                    ALASKA JUDICIAL COUNCIL                                                                                 
                                                                                                                                
1:04:50 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN announced that the  first order of business would be                                                               
confirmation  hearings  for  positions   on  the  Violent  Crimes                                                               
Compensation  Board,   Jeffrey  Michael  Stubblefield   and  Nora                                                               
Barlow;  and Lynn  Gallant on  the Alaska  Judicial Council.   He                                                               
stated that Ms.  Barlow will not testify today but  he asked that                                                               
members review  her application and  resume as her name  would be                                                               
forwarded  to  the joint  session  of  the  Senate and  House  of                                                               
Representative for  consideration.  He  noted that Ms.  Barlow is                                                               
being  reappointed  for her  third  term  on the  Violent  Crimes                                                               
Compensation Board.                                                                                                             
                                                                                                                                
CHAIR CLAMAN opened invited testimony.                                                                                          
                                                                                                                                
1:05:43 PM                                                                                                                    
                                                                                                                                
JEFFREY   STUBBLEFIELD,  Appointee,   advised  he   is  currently                                                               
employed  with the  Alaska Native  Medical  Center Neuro  Surgery                                                               
Clinic  and that  he  submitted his  application  to the  Violent                                                               
Crimes Compensation Board.                                                                                                      
                                                                                                                                
1:06:33 PM                                                                                                                    
                                                                                                                                
LYNNE MARIE GALLANT, Appointee, advised  she currently works as a                                                               
neonatal  intensive  care  nurse  at  Providence  Alaska  Medical                                                               
Center  and that  she  submitted her  application  to the  Alaska                                                               
Judicial Council.                                                                                                               
                                                                                                                                
CHAIR CLAMAN closed invited testimony.                                                                                          
                                                                                                                                
1:07:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  REINBOLD  asked  Mr.  Stubblefield  what  he  was                                                               
trying to achieve by serving on this board.                                                                                     
                                                                                                                                
MR.  STUBBLEFIELD   noted  that  he  had   volunteered  for  open                                                               
positions and that  his "whole goal" was strictly to  help out in                                                               
the community and the state in which he lives.                                                                                  
                                                                                                                                
1:08:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN asked  Ms. Gallant  to speak  to why  she                                                               
chose this  specific appointment as  opposed to other  boards and                                                               
commissions with vacant positions.                                                                                              
                                                                                                                                
MS. GALLANT responded that immediately  following law school, her                                                               
husband clerked  for Judge  James Arnold von  der Heydt,  who was                                                               
one  of  the  initial  people  setting  up  the  Alaska  Judicial                                                               
Council.  She said was always  aware of its function and found it                                                               
somewhat unusual  because growing up  in the State of  Maine, the                                                               
public  did not  have any  input over  who was  appointed to  the                                                               
judiciary.     Since  Governor   Bill  Walker   requested  public                                                               
participation, she said she decided to give it a try.                                                                           
                                                                                                                                
1:10:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KOPP asked  what she sees as the proper  role of a                                                               
judicial council member.                                                                                                        
                                                                                                                                
MS.  GALLANT replied  that the  proper  role is  to evaluate  the                                                               
qualifications and  professionalism of  the candidates  so Alaska                                                               
has the most  qualified candidates.  She noted that  she is aware                                                               
of  discussions over  whether to  increase the  number of  public                                                               
members on  the judicial council, thereby,  providing more public                                                               
input  than the  attorneys.   She related  that it  should remain                                                               
that attorneys  of this  state have  an equal  voice over  who is                                                               
presented   to  the   governor  for   consideration  because   as                                                               
professionals,  they  need  to  practice  under  that  candidate.                                                               
Also, she opined, part of the  role of the judicial council is to                                                               
review  how well  the  candidate presents  a  legal argument  and                                                               
determine whether  they can look  at both sides of  the equation,                                                               
especially if  considering someone for the  Alaska Superior Court                                                               
or the Alaska Supreme Court.                                                                                                    
                                                                                                                                
1:12:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KOPP   noted  that  Ms.  Gallant   is  a  newborn                                                               
intensive care  nurse which,  he described,  as a  demanding job,                                                               
and as a  former member of the judicial council  he was surprised                                                               
at  the workload  of  the council.   He  added  that the  members                                                               
travel probably  12-13 weekends a  year, it  requires significant                                                               
preparation  time,  and  he  asked  whether she  is  up  for  the                                                               
workload.                                                                                                                       
                                                                                                                                
MS.  GALLANT answered  that  she reviewed  some  of the  judicial                                                               
council's prior work,  and that she works part-time  and tends to                                                               
work  every  other weekend.    She  is  aware  that most  of  the                                                               
judicial council  meetings, over  the next  year, will  be Monday                                                               
through  Friday and  she can  shift her  work schedule  around to                                                               
accommodate that.   She added  that she teaches  classes possibly                                                               
every other  month so if she  has enough notice she  can work her                                                               
professional life  around her judicial  council commitment.   She                                                               
said she  is not  very concerned  about the  amount of  work that                                                               
needs to be done  and is interested in getting into  it, it is an                                                               
extension  of when  she worked  on  municipal elections  together                                                               
with being  more involved  in the  democratic process,  which she                                                               
fully enjoys.                                                                                                                   
                                                                                                                                
1:15:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KOPP said he has  no doubt that with her demanding                                                               
professional  background she  can  manage being  on the  judicial                                                               
council.   He  referred  to her  past  political involvement  and                                                               
asked whether  she would be able  to set that aside  as a council                                                               
member.   He warned that she  doesn't want her role  as a council                                                               
member  to also  be a  lightening rod  politically, and  that she                                                               
wants to be seen as someone  who is disinterested in a particular                                                               
outcome.                                                                                                                        
                                                                                                                                
MS. GALLANT responded  that this question may be  in reference to                                                               
the op-ed pieces she wrote  regarding the judicial council during                                                               
the prior election.   That being said, she advised  that she came                                                               
to that position  from her own personal knowledge  of the initial                                                               
actions  and  for  the  judicial  council  due  to  her  lifelong                                                               
relationship with  Judge von der Heydt.   She stated that  she is                                                               
willing  to step  back, set  that  aside, and  evaluate what  was                                                               
going on in front of her.                                                                                                       
                                                                                                                                
CHAIR  CLAMAN offered  to Ms.  Gallant that  there are  many busy                                                               
people on  the council and if  they don't schedule ahead,  no one                                                               
will  make any  of the  meetings so  there will  opportunities to                                                               
plan ahead.                                                                                                                     
                                                                                                                                
1:18:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FANSLER  thanked both applicants for  their desire                                                               
to perform public service and serve the state.                                                                                  
                                                                                                                                
REPRESENTATIVE REINBOLD agreed.                                                                                                 
                                                                                                                                
1:18:50 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN pointed out that  periodically there are discussions                                                               
about  the  makeup  of  the Alaska  Judicial  Council,  and  some                                                               
suggest that  it should  be constitutionally  expanded, although,                                                               
its members  would probably  say that whether  or not  the voters                                                               
change the number of members, they will continue to serve.                                                                      
                                                                                                                                
1:19:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   FANSLER  said   the  House   Judiciary  Standing                                                               
Committee  has  reviewed  the qualifications  of  the  governor's                                                               
appointees and  recommends that the following  names be forwarded                                                               
to a joint session of the  Senate and House of Representative for                                                               
consideration:  Nora  Barlow  and  Jeffrey  Stubblefield  to  the                                                               
Violent  Crimes  Compensation Board;  and  Lynne  Gallant to  the                                                               
Alaska Judicial Council.  This does  not reflect intent by any of                                                               
the members to  vote for or against these  individuals during any                                                               
further sessions for the purposes of confirmation.                                                                              
                                                                                                                                
         HB 42-FORFEITURE & SEIZURE: PROCEDURE; LIMITS                                                                      
                                                                                                                                
1:20:11 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN announced that the  final order of business would be                                                               
HOUSE  BILL NO.  42, "An  Act  relating to  seizure of  property;                                                               
relating to  forfeiture to the  state; relating to  criminal law;                                                               
amending Rules  3, 4, 11, 12,  16, 32, 32.2, 32.3,  39, 39.1, and                                                               
42, Alaska Rules of Criminal  Procedure, Rules 501, 801, and 803,                                                               
Alaska Rules  of Evidence,  and Rules 202,  209, and  217, Alaska                                                               
Rules  of Appellate  Procedure;  and providing  for an  effective                                                               
date."                                                                                                                          
                                                                                                                                
1:20:53 PM                                                                                                                    
                                                                                                                                
JOHN  SKIDMORE,   Director,  Legal  Services   Section,  Criminal                                                               
Division, Department of Law (DOL),  referred to the Department of                                                               
Law's  document titled  "Amendment to  HB  42 v.  D" [there  were                                                               
numerous provision  changes within  that document] and  Version D                                                               
of the  bill, and  explained there  are conforming  sections, and                                                               
that  the  amendment  attempts  to lay  out  the  following:  the                                                               
procedure by which  property can be seized when it  is subject to                                                               
forfeiture;  provide  for  a post  seizure  hearing;  express  in                                                               
statute the forfeiture process; raise  the burden of proof from a                                                               
preponderance of  the evidence to clear  and convincing evidence;                                                               
a section discusses what property  is subject to forfeiture - for                                                               
what offenses; a section addresses  third party or innocent third                                                               
parties  and  the  remission   process;  a  statute  specifically                                                               
addresses substituting  other property for the  piece of property                                                               
seized; and  two sections deal  with the disposition  of property                                                               
when charges are no longer relevant,  and an annual report to the                                                               
legislature about forfeited property.                                                                                           
                                                                                                                                
MR. SKIDMORE explained  that the department attempted  to put all                                                               
of  the various  concepts within  Representative Tammie  Wilson's                                                               
original  bill and  the  department's  amendment together,  which                                                               
resulted  in  the   following:  eliminating  potential  confusion                                                               
between evidence versus property  subject to forfeiture; ensuring                                                               
the statutes  outlined therein are consistent  with existing case                                                               
law  on how  to  address forfeiture  while adding  in  a few  new                                                               
things;  and that  the way  in which  the department  amended the                                                               
bill should eliminate the need to amend any court rules.                                                                        
                                                                                                                                
1:24:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KOPP noted that he  went through this amendment in                                                               
detail with Kaci Schroeder of the  Department of Law and the bill                                                               
sponsor, and he does not have any questions.                                                                                    
                                                                                                                                
REPRESENTATIVE  REINBOLD  noted  that  she also  spoke  with  the                                                               
sponsor of the  bill and because the sponsor put  her blessing on                                                               
it, Representative Reinbold was happy with it.                                                                                  
                                                                                                                                
1:25:00 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN referred to [Page  3 of the amendment] AS 12.35.035,                                                               
Post  seizure  hearing.    He  related  that  he  had  previously                                                               
suggested adding  language allowing for  the option of  posting a                                                               
bond as  security for the asset,  and the packet before  him does                                                               
not include that modification of language.                                                                                      
                                                                                                                                
MR.  SKIDMORE agreed  that the  bond  option has  not been  added                                                               
there and he will discuss it further with the sponsor.                                                                          
                                                                                                                                
CHAIR  CLAMAN advised  that the  bill sponsor  was fine  with his                                                               
suggestion, and surmised that the  Department of Law did not have                                                               
a problem with such language.                                                                                                   
                                                                                                                                
MR.  SKIMORE  responded that  posting  a  bond to  have  property                                                               
returned  makes  sense  and  the  provisions  found  in  proposed                                                               
statute,  AS 12.35.035,  are there  to ensure  that the  property                                                               
goes back to the lawful owner  if it wouldn't be illegal for them                                                               
to  possess the  property, and  it was  not needed  for evidence.                                                               
Under those  same concepts he  said he  would not have  a problem                                                               
with it.                                                                                                                        
                                                                                                                                
1:27:37 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN referred to [the  amendment] page 6, Sec. 12.36.080,                                                               
Disposition  of seized  property [second  line], and  noted there                                                               
were previous discussions  to change the time limit  from 60 days                                                               
to 30 days.                                                                                                                     
                                                                                                                                
[Chair  Claman then  realized he  did not  have the  most current                                                               
version  after  Mr.  Skidmore  pointed   out  that  the  language                                                               
currently reads: "(a) Within 30 days".]                                                                                         
                                                                                                                                
1:28:41 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN  noted he had  had a  number of conversations  as to                                                               
satisfying  the  annual  reporting  requirement  with  properties                                                               
where there  is a  real interest  in keeping  track of,  such as,                                                               
motor vehicles, airplanes,  boats, and snow machines,  and he was                                                               
unsure whether the conversations led to any changes.                                                                            
                                                                                                                                
MR.  SKIDMORE  advised  that  the  department  had  not  modified                                                               
anything with regard to the  annual reporting requirement itself,                                                               
and he pointed out that  the requirement does not directly impact                                                               
the criminal division of the  department.  Although, he remarked,                                                               
concerns have been expressed by  the Department of Public Safety,                                                               
and he opined  that the concept being referred to  is found under                                                               
AS 11.81.900(b)[50], which read as follows:                                                                                     
                                                                                                                                
          (50)  "propelled  vehicle"  means  a  device  upon                                                                    
     which or  by which a  person or  property is or  may be                                                                    
     transported,  and  which is  self-propelled,  including                                                                    
     automobiles,  vessels,   airplanes,  motorcycles,  snow                                                                    
     machines,   all-terrain    vehicles,   sailboats,   and                                                                    
     construction equipment;                                                                                                    
                                                                                                                                
MR.  SKIDMORE  said that  that  definition  appears to  encompass                                                               
those  larger item  Chair Claman  referred to,  and informed  the                                                               
committee that  the department has  not been asked to  make those                                                               
changes.                                                                                                                        
                                                                                                                                
1:30:56 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 1:30 p.m. to 1:32 p.m.                                                                       
                                                                                                                                
1:32:29 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN advised  that it  was  pointed out  that the  issue                                                               
about  posting  a bond  for  property  subject to  forfeiture  is                                                               
addressed  under Sec.  12.35.035(c)  [page 4  of the  amendment],                                                               
which read as follows:                                                                                                          
                                                                                                                                
          (c)  The court  may order  the return  of property                                                                    
     subject to  forfeiture upon the  finding that  the item                                                                    
     has  no evidentiary  value  and  establishing that  the                                                                    
     property own  has posted a secured  monetary bond equal                                                                    
     to the fair market value of the property.                                                                                  
                                                                                                                                
CHAIR  CLAMAN  advised  that  consistent  to  what  Mr.  Skidmore                                                               
indicated, the  language of  the property  subject to  the annual                                                               
report  had not  been changed,  and it  is an  ongoing discussion                                                               
that does not  require a resolution today.  He  opined that there                                                               
were questions  about obtaining the  correct information  and not                                                               
creating a  burden on the  Department of Public  Safety, thereby,                                                               
causing it to spend, potentially,  thousands of dollars reporting                                                               
properties where there is no real interest.                                                                                     
                                                                                                                                
1:33:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE REINBOLD  asked for  clarification that  the money                                                               
from any  of the seized or  forfeited property would not  be used                                                               
to pay an attorney bill.                                                                                                        
                                                                                                                                
MR.  SKIDMORE   responded  that  with  regard   to  the  proposed                                                               
amendment before  the committee, that  was one of the  issues the                                                               
department had  a concern  with and  it was  not included  in the                                                               
amendment.   Although,  he pointed  out, the  amendment does  say                                                               
that under the post seizure hearing,  a person is able to request                                                               
property be returned if the court  would allow the property to be                                                               
returned.   He  explained that  the law  cannot prevent  a person                                                               
from using it in  some manner, and it is not  a factor the courts                                                               
consider.   From the  standpoint of the  department, it  would be                                                               
improper for the department to say  what they could use the money                                                               
for if it was appropriate to return it, he said.                                                                                
                                                                                                                                
1:34:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FANSLER remarked  that he  was leery  since there                                                               
are almost 12  full pages of amendments and it  appears like some                                                               
offices have been interacted with  regarding those amendments and                                                               
have a  clear understanding of  their meaning.  He  stressed that                                                               
he certainly did not have  that clear understanding at this time.                                                               
He said  he was loath to  force those with a  clear understanding                                                               
to  have  to  march  through   this  section-by-section,  and  he                                                               
certainly  would   have  appreciated  being  included   in  those                                                               
discussions on the office level if  that was the way it was being                                                               
handled, or doing  it all on the  public record.  He  asked for a                                                               
different procedure in the future.                                                                                              
                                                                                                                                
MR. SKIDMORE  explained that the legislative  offices reached out                                                               
to the  department, it wasn't the  department affirmatively going                                                               
to anyone  in particular, because  its primary focus has  been to                                                               
work with  the sponsor.   He said he would  be happy to  sit down                                                               
and discuss it further with anyone.                                                                                             
                                                                                                                                
1:36:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FANSLER stressed  he did not want to  imply it was                                                               
disrespectful, and  commented that there  is a lot to  go through                                                               
and maybe  he is a slow  processor and needs time  to think about                                                               
unintended consequences and  such, but he absolutely  wants to be                                                               
certain he  knows what he  is doing  when voting.   He speculated                                                               
that it appears  the intention of the committee, at  least in the                                                               
long term, is  to take it up as a  committee substitute, of which                                                               
he  agrees.   He  asked  whether there  was  already a  finalized                                                               
amended  version  because it  would  be  easier to  process  than                                                               
flipping between the lines.                                                                                                     
                                                                                                                                
CHAIR CLAMAN explained  the idea was to get it  all together as a                                                               
committee substitute,  and that the  bill will not be  passed out                                                               
today because  so many changes  came from this proposal  from the                                                               
Department of Law.  His plan,  he explained, is for the committee                                                               
to look  at the bill  in total, and ask  more questions to  get a                                                               
full  understanding  of  exactly  how it  will  work  because  he                                                               
suffers from the same challenges as Representative Fansler.                                                                     
                                                                                                                                
REPRESENTATIVE  EASTMAN  asked  whether   the  sponsor  would  be                                                               
speaking to these amendments.                                                                                                   
                                                                                                                                
1:39:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   TAMMIE   WILSON,   Alaska   State   Legislature,                                                               
responded  to  Representative Fansler  that  when  this bill  was                                                               
brought forward  there was  much concern  from the  Department of                                                               
Law,  the  Department of  Public  Safety,  and the  Alaska  Court                                                               
System.   All  parties  discussed  what could  and  could not  be                                                               
included in  the bill, and the  Department of Law came  back with                                                               
the amendment  before the  committee.   She acknowledged  that it                                                               
deletes parts  of the original bill,  but it does put  all of the                                                               
statues  together, which  is why  the bill  is so  lengthy.   She                                                               
advised that  the issue of  ensuring that an innocent  party with                                                               
seized  property have  a  clear process  to  have their  property                                                               
returned to them has been addressed.   There will be some sort of                                                               
mechanism where the  person must prove they own the  item, but it                                                               
also reverts  back to law to  explain why it cannot  be returned,                                                               
she explained.                                                                                                                  
                                                                                                                                
1:40:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WILSON   noted  that  the  bigger   part  is  the                                                               
reporting  portion  because  the   Department  of  Public  Safety                                                               
currently  does not  have a  mechanism  to "spit  out a  report."                                                               
Although,  she   pointed  out,  during   this  process,   it  was                                                               
discovered that the  State of Oregon has a  "pretty good system,"                                                               
and she was  advised last week that the other  part of the system                                                               
the State  of Oregon  uses matches Alaska,  which would  be under                                                               
$20,000.   She explained that  the goal  is to not  duplicate and                                                               
have  law   enforcement  involved   in  paperwork   anymore  than                                                               
necessary, and it  appears they will enter  information "right on                                                               
the spot  that they already have."   She said she  has no problem                                                               
narrowing  the list  of requested  items  down because,  legally,                                                               
certain  items  will  not be  returned.    Representative  Wilson                                                               
expressed that  she is absolutely in  favor of this, it  has been                                                               
provided to many departments, and  she agreed that a sectional of                                                               
the committee substitute would be much easier to understand.                                                                    
                                                                                                                                
1:42:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  noted that  the biggest concern  from his                                                               
constituents  was the  ability of  government  officials to  take                                                               
property when there was no  conviction and the constituent has to                                                               
go  through   forfeiture  where   it  becomes   the  government's                                                               
property.  He asked how wide that  door is open, or whether it is                                                               
closed.                                                                                                                         
                                                                                                                                
REPRESENTATIVE WILSON  answered that it is  not closed completely                                                               
because that  won't happen in  one swipe,  but it does  provide a                                                               
process wherein  the person  can submit  a request  advising they                                                               
had nothing to do  with [the crime].  In the  event it was proven                                                               
that the  person may have had  something to do with  [the crime],                                                               
once  the defendant  is  found innocent  or  convicted, there  is                                                               
another part  of this bill  wherein that person now  has standing                                                               
in front of the same court to have another bite at the apple.                                                                   
                                                                                                                                
1:44:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  offered a  scenario of a  "future wayward                                                               
prosecutor" deciding  to hold  a person  hostage by  advising the                                                               
conviction  would be  pursued unless  the  person forfeits  their                                                               
property, "But, if you  give it to me then we're  not going to --                                                               
you  know, prosecute."   Obviously,  he  pointed out,  he is  not                                                               
referring to  the Alaska Department  of Law, and  queried whether                                                               
within the statutes that type of situation is possible.                                                                         
                                                                                                                                
REPRESENTATIVE WILSON  responded that  tactics can be  used while                                                               
going  through  the criminal  process  and  the legislature  will                                                               
never  be  able  to  make   a  law  that  stops  everything  from                                                               
happening.   Unfortunately,  in different  places in  the country                                                               
and  sometimes  in Alaska,  when  property  has been  taken,  the                                                               
defendant could be  told that their guiding license  would not be                                                               
taken away  if the person says  they are guilty of  the citation.                                                               
She related that  this bill includes a  requirement for reporting                                                               
the  properties forfeited,  which is  a huge  part of  this bill,                                                               
because if it's  not being reported then there,  obviously, is an                                                               
issue.   She  offered that  many  states do  not do  any sort  of                                                               
reporting whatsoever,  and it  allows things  to happen.   Again,                                                               
she  stated, everyone  is trying  to do  the right  thing and  be                                                               
certain justice  is brought and  that the property rights  of the                                                               
individuals are protected.                                                                                                      
                                                                                                                                
1:46:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KOPP  reminded the committee that  Senate Bill 64,                                                               
passed two  or three  years ago,  that made  it illegal  to forgo                                                               
criminal prosecution  in lieu of  civil forfeiture.   Thereby, he                                                               
related, telling  the Department of  Law that they cannot  tell a                                                               
defendant they will not be prosecuted "if you'll give us this."                                                                 
This bill allows  for a post seizure hearing and  the standard to                                                               
justify  a  seizure  was  raised  from  a  preponderance  of  the                                                               
evidence  to clear  and convincing  evidence that  the court  can                                                               
rule on.   The  higher standard protects  the public,  he pointed                                                               
out, and  the Department of Law  must prove to a  higher standard                                                               
that  that property  was connected  to  that crime  and that  the                                                               
property should have been taken as  evidence.  He described it as                                                               
a balance.                                                                                                                      
                                                                                                                                
REPRESENTATIVE REINBOLD  offered that initially she  had concerns                                                               
with  this bill,  but Representative  Wilson and  everyone worked                                                               
well together,  including the  Department of  Law and  the Alaska                                                               
Court  System,  and  she  gave  "a shout  out  for  the  wildlife                                                               
troopers who took special time to come to the office."                                                                          
                                                                                                                                
[HB 42 was held over.]                                                                                                          
                                                                                                                                
1:48:59 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Judiciary Standing Committee meeting was adjourned at 1:48 p.m.                                                                 

Document Name Date/Time Subjects
Violent Crimes Compensation Board Appointment-Nora Barlow Application and Resume 2.28.17.pdf HJUD 3/1/2017 1:00:00 PM
Violent Crimes Compensation Baord Appointment-Jeffrey Stubblefield Application and Resume 2.28.17.pdf HJUD 3/1/2017 1:00:00 PM
Alaska Judicial Council Appointment-Lynne Gallant Application and Resume 2.28.17.pdf HJUD 3/1/2017 1:00:00 PM
HB042 DoL Amendments to ver D 2.20.17.pdf HJUD 3/1/2017 1:00:00 PM
HJUD 3/22/2017 1:00:00 PM
HB 42
HB042 ver D 1.19.17.pdf HJUD 1/23/2017 1:00:00 PM
HJUD 3/1/2017 1:00:00 PM
HJUD 3/22/2017 1:00:00 PM
HB 42
HB042 Sponsor Statement 1.19.17.pdf HJUD 1/23/2017 1:00:00 PM
HJUD 3/1/2017 1:00:00 PM
HJUD 3/22/2017 1:00:00 PM
HB 42
HB042 Sectional Analysis ver D 1.19.17.pdf HJUD 1/23/2017 1:00:00 PM
HJUD 3/1/2017 1:00:00 PM
HJUD 3/22/2017 1:00:00 PM
HB 42
HB042 Supporting Document-Forfeiture Flow Chart 1.22.17.pdf HJUD 1/23/2017 1:00:00 PM
HJUD 3/1/2017 1:00:00 PM
HJUD 3/22/2017 1:00:00 PM
HB 42
HB042 Supporting Document-Current AK Law Forfeiture Flow Chart 1.22.17.pdf HJUD 1/23/2017 1:00:00 PM
HJUD 3/1/2017 1:00:00 PM
HJUD 3/22/2017 1:00:00 PM
HB 42
HB042 Supporting Document-Forbes Article 1.19.17.pdf HJUD 1/23/2017 1:00:00 PM
HJUD 3/1/2017 1:00:00 PM
HJUD 3/22/2017 1:00:00 PM
HB 42
HB042 Supporting Document-Heritage Article 1.22.19.PDF HJUD 1/23/2017 1:00:00 PM
HJUD 3/1/2017 1:00:00 PM
HJUD 3/22/2017 1:00:00 PM
HB 42
HB042 Supporting Document Letter of Support RHAK 1.22.17.pdf HJUD 3/1/2017 1:00:00 PM
HJUD 3/22/2017 1:00:00 PM
HB 42
HB042 Supporting Document-Letter NFIB 1.20.17.pdf HJUD 1/23/2017 1:00:00 PM
HJUD 3/1/2017 1:00:00 PM
HJUD 3/22/2017 1:00:00 PM
HB 42
HB042 Supporting Document-Letter of Support Brown 1.23.17.pdf HJUD 1/23/2017 1:00:00 PM
HJUD 3/1/2017 1:00:00 PM
HJUD 3/22/2017 1:00:00 PM
HB 42
HB042 Fiscal Note DCCED-AMCO 1.20.17.pdf HJUD 1/23/2017 1:00:00 PM
HJUD 3/1/2017 1:00:00 PM
HJUD 3/22/2017 1:00:00 PM
HB 42
HB042 Fiscal Note DCCED-CBPL 1.20.17.pdf HJUD 1/23/2017 1:00:00 PM
HJUD 3/1/2017 1:00:00 PM
HJUD 3/22/2017 1:00:00 PM
HB 42
HB042 Fiscal Note LAW-CRIM 1.21.17.pdf HJUD 1/23/2017 1:00:00 PM
HJUD 3/1/2017 1:00:00 PM
HJUD 3/22/2017 1:00:00 PM
HB 42
HB042 Fiscal Note DPS-AST 1.22.17.pdf HJUD 1/23/2017 1:00:00 PM
HJUD 3/1/2017 1:00:00 PM
HJUD 3/22/2017 1:00:00 PM
HB 42
HB042 Fiscal Note JUD-ACS 1.22.17.pdf HJUD 1/23/2017 1:00:00 PM
HJUD 3/1/2017 1:00:00 PM
HJUD 3/22/2017 1:00:00 PM
HB 42