Legislature(1993 - 1994)
1993-03-01 House JournalFull Journal pdf
1993-03-01 House Journal Page 0489 HB 188 HOUSE BILL NO. 188 by the House Rules Committee by request of the Governor, entitled: 1993-03-01 House Journal Page 0490 HB 188 "An Act relating to forfeiture of certain property; and providing for an effective date." was read the first time and referred to the Judiciary and Finance Committees. The following fiscal notes apply to HB 188: Zero fiscal notes (2), Dept. of Administration, 3/1/93 Zero fiscal note, Dept. of Public Safety, 3/1/93 Zero fiscal note, Dept. of Law, 3/1/93 "Dear Speaker Barnes: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill amending the states asset forfeiture laws to make them more effective. Many of these changes are found in the Model Asset Seizure and Forfeiture Act (1991), prepared by the American Prosecutor's Research Institute. This bill -- permits forfeiture of real property, including buildings; -- permits tracing of drug money to allow forfeiture of any property purchased with that money; -- permits forfeiture of all dangerous instruments used by a drug dealer, while existing law requires forfeiture only of firearms; -- permits the sharing of forfeited assets between municipal police departments and the state; -- requires the costs of the forfeiture proceedings to be paid by the drug dealer; -- allows the court to forfeit other assets of the drug dealer if the property to be forfeited is commingled with other property, has been removed from the jurisdiction, or has been destroyed by the drug dealer; -- gives the state a perfected priority lien on the forfeited property, and thus avoids the pitfalls of Fehir v. State, 739 P.2d 785 1993-03-01 House Journal Page 0491 HB 188 (Alaska App. 1987), which permits unsecured creditors to claim forfeited property; and -- resolves some of the procedural ambiguities in existing forfeiture law noted in Badoino v. State, 785 P.2d 39 (Alaska App. 1990). This bill is one of four that I am introducing this session to create tough new laws to combat drugs and violent crime. If enacted, these bills will give the state the tools it needs to prosecute serious criminals fairly and effectively. I urge your favorable action on this bill. Sincerely, /s/ Walter J. Hickel Governor"