04/23/2001 01:44 PM Senate JUD

            HB 32-SEX CRIME AND PORNOGRAPHY FORFEITURES                                                                     
                                                                                                                                
REPRESENTATIVE  JOE HAYES, sponsor of HB 32, said  he had new intent                                                            
language for HB 32, which  had the actual case law without the Latin                                                            
word.                                                                                                                           
                                                                                                                                
CHAIRMAN TAYLOR  said he thought the  language in the amendment  was                                                            
much clearer.                                                                                                                   
                                                                                                                                
SENATOR ELLIS  moved to adopt amendment 1, Luckhaupt  4/20/01, which                                                            
reads as follows.                                                                                                               
                                                                                                                                
Page l, lines7- 12:                                                                                                             
          Delete all material and insert:                                                                                       
 Section 1. The uncodified law of the State of Alaska is amended                                                              
by adding a new section to read:                                                                                                
                                                                                                                                
          INTENT. The forfeitures contemplated by this Act are                                                                  
          intended to be forfeitures imposed in connection with                                                                 
          conviction for a crime. The legislature intends for the                                                               
          courts to continue to provide hearings to interested                                                                  
          persons who have an ownership interest in equipment                                                                   
          subject to forfeiture under this Act and to allow for                                                                 
          remission to innocent nonnegligent third parties as                                                                   
          applied in State v. Rice, 626 P.2d 104 (Alaska 1981),                                                                 
          Fehir v. State, 755 P.2d 1107 (Alaska 1988), and Baum                                                                 
          v. State, P.2d (Alaska App. 2001).                                                                                    
                                                                                                                                
CHAIRMAN  TAYLOR noted  the amendment  was a rewrite  of the  intent                                                            
language  in the  first Section  of HB 32.   He  asked if  committee                                                            
members had any questions of the sponsor.                                                                                       
                                                                                                                                
SENATOR  THERRIAULT said  he had  talked with  Representative  Hayes                                                            
earlier in the  week about the new language being  wordier than what                                                            
was  envisioned  but he  liked the  fact  that specific  cases  were                                                            
referred to in  the bill and he also liked the new  intent language.                                                            
                                                                                                                                
CHAIRMAN  TAYLOR  thanked  Representative   Hayes  for  adding  this                                                            
amendment because he felt the original language was confusing.                                                                  
                                                                                                                                
CHAIRMAN TAYLOR  asked if there were any objections  to amendment 1.                                                            
There being no objection, amendment 1 was adopted.                                                                              
                                                                                                                                
SENATOR  COWDERY   moved  SCS  CSHB  32(JUD)  from  committee   with                                                            
individual  recommendations.   There  being no  objection, SCS  CSHB
(JUD) moved from committee.