Legislature(2017 - 2018)GRUENBERG 120
03/29/2017 01:00 PM House JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| HB43 | |
| HB108 | |
| HB42 | |
| HB123 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 43 | TELECONFERENCED | |
| += | HB 108 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 123 | TELECONFERENCED | |
| += | HB 42 | TELECONFERENCED | |
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failed; and Amendments 5 - 7 were withdrawn.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.