03/18/2011 01:30 PM Senate JUDICIARY

                SB  30-RETURN OF SEIZED PROPERTY                                                                            
                                                                                                                                
2:28:19 PM                                                                                                                    
CHAIR FRENCH announced  the consideration of SB 30  and asked for                                                               
a motion to adopt the proposed committee substitute (CS).                                                                       
                                                                                                                                
SENATOR WIELECHOWSKI  moved to  adopt CS for  SB 30,  labeled 27-                                                               
LS0344\D, as the working document.                                                                                              
                                                                                                                                
CHAIR FRENCH objected for discussion purposes.                                                                                  
                                                                                                                                
2:28:56 PM                                                                                                                    
CHUCK  KOPP, staff  to Senator  Dyson, said  the CS  reflects the                                                               
suggestions the  committee made during  the last  hearing. First,                                                               
the  phrase "crime  victim" is  used throughout  the bill  rather                                                               
than "a property owner" or  "the owner." There is the possibility                                                               
that  some  bill language  might  provide  an opportunity  for  a                                                               
defendant to  misuse the return  of property hearing  process and                                                               
detract  from the  intention  of  the bill;  this  is a  victims'                                                               
rights bill.  It would be  good to  use the definition  of "crime                                                               
victim" in  order to stay  consistent with the mission  of victim                                                               
advocacy. He  noted that Anne  Carpeneti, DOL, was  supportive of                                                               
the changes.                                                                                                                    
                                                                                                                                
2:32:26 PM                                                                                                                    
SENATOR WIELECHOWSKI asked about an  owner of property who wasn't                                                               
a crime  victim, they were a  pawn shop or retailer.  He asked if                                                               
they would no longer be covered under AS 12.55.185.                                                                             
                                                                                                                                
MR.  KOPP  said  he  sees  it  differently  because  they  are  a                                                               
collateral victim. They may not  have been an initial victim, but                                                               
they are  suffering a financial  loss and don't have  a recourse.                                                               
He felt  that Office of  Victims Rights  (OVR) would at  least be                                                               
able to make a determination that they are a crime victim.                                                                      
                                                                                                                                
SENATOR PASKVAN cited the statute and said it's awkward at best.                                                                
                                                                                                                                
MR. KOPP said  it would require an interpretation to  say that an                                                               
offense has been perpetrated against the owner.                                                                                 
                                                                                                                                
CHAIR FRENCH  said the  basic definition  is easy  to understand.                                                               
The  question Senator  Wielechowski raised  is theft  of property                                                               
and the thief  sells it and it's  sold to the pawn  shop and then                                                               
the police seize the property.                                                                                                  
                                                                                                                                
2:35:27 PM                                                                                                                    
SENATOR PASKVAN  said now  if the  stolen property  is in  a pawn                                                               
shop, the  police take it.  What the  pawn shop owner  called and                                                               
said  it's really  his property  and the  police are  holding the                                                               
property. No  charges have ever been  brought, but he has  no way                                                               
to get it back.                                                                                                                 
                                                                                                                                
MR. KOPP said  he likes that the language clarifies  that this is                                                               
a victim  rights bill and  he believes that there  are collateral                                                               
victims. With  respect to pawn shops,  you need to show  that the                                                               
property was taken recklessly. It  isn't seized automatically. He                                                               
recognizes that the bill won't accommodate every situation.                                                                     
                                                                                                                                
2:37:59 PM                                                                                                                    
SENATOR WIELECHOWSKI suggested it's a policy call.                                                                              
                                                                                                                                
CHAIR FRENCH said it isn't a  concern that's been brought to him.                                                               
This bill is based on the  example the sponsor cited about a boat                                                               
construction site and loss of electronics.                                                                                      
                                                                                                                                
MR. KOPP  agreed in  that case  the property  owner was  a direct                                                               
crime victim.                                                                                                                   
                                                                                                                                
SENATOR  PASKVAN said  the CS  on  page 2,  lines 19-20,  defines                                                               
crime victim.  He asked if  it would  work to say  it potentially                                                               
may include others.                                                                                                             
                                                                                                                                
2:40:58 PM                                                                                                                    
SENATOR WIELECHOWSKI  said on  page 2, lines  6-9, the  bill says                                                               
"After a hearing a court may  order the return of the property in                                                               
the custody  of a law enforcement  agency to the crime  victim if                                                               
the  crime victim  by a  preponderance of  the evidence  provides                                                               
satisfactory proof of ownership."                                                                                               
                                                                                                                                
MR. KOPP said he didn't follow.                                                                                                 
                                                                                                                                
CHAIR FRENCH said in the case of  a rental car, if the rental car                                                               
is stolen, the concern relates to who is the victim.                                                                            
                                                                                                                                
MR. KOPP  said both the renter  and the owner, but  the financial                                                               
loss would go back to the owner.                                                                                                
                                                                                                                                
2:43:19 PM                                                                                                                    
SENATOR  PASKVAN  said  the definition  says  "against  whom  the                                                               
offense has  been perpetrated." The  police seized  property from                                                               
the  pawn  shop owner.  The  definition  of victim  requires  the                                                               
identification of an offense.                                                                                                   
                                                                                                                                
MR. KOPP said the status of that property is unclear.                                                                           
                                                                                                                                
CHAIR  FRENCH said  he'd  want  to hear  from  the police  before                                                               
standing up for the jewelry shop owner any more.                                                                                
                                                                                                                                
2:46:12 PM                                                                                                                    
MR. KOPP  said they  kept the definition  that's already  in law.                                                               
Doing it  any other way  would require recognition  of collateral                                                               
victims of crimes.                                                                                                              
                                                                                                                                
CHAIR FRENCH said he had a lingering concern that the previous                                                                  
CS empowered defendants, and this version clears that up.                                                                       
                                                                                                                                
MR. KOPP said this allows OVR to determine if a person is a                                                                     
victim.                                                                                                                         
                                                                                                                                
2:47:59 PM                                                                                                                    
CHAIR FRENCH announced that he would hold SB 30 in committee.