HB 42-FORFEITURE & SEIZURE: PROCEDURE; LIMITS                                                                      
                                                                                                                                
2:01:46 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN announced  that the next 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."  [Before the committee was CSHB 42, Version U.]                                                                          
                                                                                                                                
CHAIR CLAMAN  advised as  follows: this is  the fifth  hearing on                                                               
this  bill; Amendments  1, 2,  and 3,  were adopted;  Amendment 4                                                               
failed; and  Amendments 5  - 7  were withdrawn.   Since  the last                                                               
hearing he worked with committee  members, the Department of Law,                                                               
and the  bill sponsor to  re-draft Amendment 4, which  was before                                                               
the committee as Amendment 8.                                                                                                   
                                                                                                                                
2:02:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX moved  to adopt  Amendment 8,  Version 30-                                                               
LS0193\U.12, Martin, 3/28/17, which read as follows:                                                                            
                                                                                                                                
     Page 7, line 5:                                                                                                            
          Delete all material and insert:                                                                                       
               "(4)  obtained the property                                                                                      
               (A) as a bona fide purchaser for fair market                                                                     
     value;                                                                                                                     
               (B) by inheritance before the date of the                                                                        
     offense resulting in forfeiture;                                                                                           
               (C) as a gift from a person other than the                                                                       
     defendant; or                                                                                                              
               (D) lawfully in a manner the court considers                                                                     
     just."                                                                                                                     
                                                                                                                                
CHAIR CLAMAN there being no objection, Amendment 8 was adopted.                                                                 
                                                                                                                                
2:02:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN commented that with  all of the changes to                                                               
this bill  he was  unsure it  accomplished everything  within the                                                               
original bill; however, he was  hopeful that with passage of this                                                               
bill "we can take a small step closer to where we want to be."                                                                  
                                                                                                                                
REPRESENTATIVE  KOPP  said  he appreciated  the  team  effort  in                                                               
moving  this   bill  forward.     Although,   it  may   not  have                                                               
accomplished  everything in  the bill,  he pointed  out that  not                                                               
everything intended  in the bill  was beneficial overall  to good                                                               
public policy.   Certainly,  he said,  the bill  sponsor's intent                                                               
was  to make  sure there  was due  process any  time there  was a                                                               
seizure of property and forfeiture,  and great strides were taken                                                               
in that direction.                                                                                                              
                                                                                                                                
2:04:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FANSLER  moved to  report  CSHB  42, Version  30-                                                               
LS0193\U,  Martin,  3/20/17,  out of  committee  with  individual                                                               
recommendations and  the accompanying fiscal notes.   There being                                                               
no  objection,  amended  CSHB  42(JUD)   passed  from  the  House                                                               
Judiciary Standing Committee.