Legislature(2015 - 2016)GRUENBERG 120
04/04/2016 01:00 PM House JUDICIARY
Note: the audio ![]()
and video ![]()
recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.
| Audio | Topic |
|---|---|
| Start | |
| HJR29 | |
| HB194 | |
| HB317 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 194 | TELECONFERENCED | |
| += | HB 205 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HJR 29 | TELECONFERENCED | |
| += | HB 317 | TELECONFERENCED | |
HB 317-FORFEITURE: NO CIVIL IN REM; ONLY CRIMINAL
2:44:56 PM
CHAIR LEDOUX announced that the final order of business would be
HOUSE BILL NO. 317, "An Act 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."
2:45:17 PM
REPRESENTATIVE LYNN moved to adopt HB 317, labeled 29-LS1380\H,
Wallace/Martin, 4/4/16, as the working document. There being no
objection, Version H was before the committee.
2:45:43 PM
BARBARA BARNES, Staff, Representative Tammie Wilson, Alaska
State Legislature, advised that
Section 1. AS 09.55 is amended by adding a new section
to read:
Article 10. Civil in rem Forfeiture
Sec. 09.55.700. In rem civil forfeiture actions
abolished. Common law civil in rem forfeiture actions
are abolished.
Sec. 2. This Act takes effect July 1, 2016.
MS. BARNES explained that all of the sections have been deleted
and the Department of Law is in agreement with this change in
that the committee substitute will eliminate any fiscal note.
REPRESENTATIVE KREISS-TOMKINS commented he has never seen such
an elegant committee substitute in its simplicity.
2:47:32 PM
JOHN SKIDMORE, Director, Legal Services Section, Criminal
Division, Department of Law (DOL), pointed to his previous
testimony and offered that civil in rem forfeiture is not
something the criminal division has used and he had approved
adjusting the criminal division's fiscal note to zero, and he
supports what has been otherwise presented. He commented that
DOL is willing and interested in working with Representative
Wilson and any other member of the House Judiciary Standing
Committee to consolidate and put criminal forfeiture in cases in
one location in the Criminal Code, and he appreciates
Representative Wilson's willingness to work with DOC over the
interim.
2:49:18 PM
REPRESENTATIVE CLAMAN surmised that within the legislature there
is real interest in making criminal forfeiture clearer, simpler,
and making the process understandable. He commented that it
sounds like DOL is ready, willing and able to work in that
process.
MR. SKIDMORE agreed that the process can be cleaned up, and DOL
is committed to working on that process.
2:50:13 PM
CHAIR LEDOUX opined that this bill is in good form for the end
of this session. She pointed out that she still has real
problems with the idea that someone's property could be seized
prior to a conviction of guilt, but there is next session to
consider that.
2:51:06 PM
REPRESENTATIVE LYNN moved to report CSHB 317, labeled 29-
LS1380\H, Wallace/Martin, 4/4/16, out of committee with
individual recommendations and the accompanying fiscal notes.
There being no objection, CSHB 317(JUD) passed from the House
Judiciary Standing Committee.