Legislature(2009 - 2010)BELTZ 211
03/31/2009 09:00 AM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SB158 | |
| SB68 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 158 | TELECONFERENCED | |
| *+ | SB 68 | TELECONFERENCED | |
| += | SB 126 | TELECONFERENCED | |
SB 158-RETURN OF PROPERTY
9:52:33 AM
CHAIR MENARD announced the consideration of SB 158.
SENATOR FRED DYSON, Alaska State Legislature, said a friend of
his runs a boat building shop. Two people came in and said they
wanted to buy a boat. Later, almost $45,000 worth of electronic
equipment disappeared. The owner found two thirds of his goods
in hock shops and on internet sales. The police picked up much
of it, which led them to the perpetrators. The shop owner had to
repurchase similar equipment because the stolen items were held
as evidence. State law allows that the evidence be photographed
for use in court. That often doesn't happen. Senator Dyson has
spoken with prosecutors, district attorneys, and police
officers. Due to the high volume of these low-priority crimes,
the property is often not returned in a timely fashion.
9:55:31 AM
SENATOR DYSON said state law is adequate in this area; it is
just a problem of emphasis and streamlining the process. SB 158
attempts to facilitate getting property back to the rightful
owner without disturbing the legal process.
CHAIR MENARD said the bill allows 60 days after the final
disposition of the case.
SENATOR FRENCH said this seems to be a good idea. Property
owners can be inconvenienced for a long time. The bill puts the
decision in the right agency. "You let the cops decide when
they're through with it. That may give some people pause, but
they're the people who we've charged with enforcing the law and
... beginning the process of prosecution, so it looks ... like a
good idea." He asked if there are supportive letters from the
police, union, or the administration.
9:57:12 AM
SENATOR DYSON said no, but Annie Carpeneti is available from the
Department of Law. He has also talked with police and troopers,
but he has no letters in hand. He has been told that a defense
attorney has to agree for the evidence to leave custody.
Sometimes the defense won't allow it in efforts to throw
roadblocks in the way of the prosecution.
9:58:07 AM
SENATOR FRENCH said he doesn't know about that. Pretrial
evidence may be needed but not crucial. The defense attorney may
have to give permission to give something back to the victim.
ANNIE CARPENETI, Criminal Division, Department of Law, Juneau,
said she understands that victims want to get their property
back. The state has a duty to preserve evidence that is
discoverable by the defense. If that is not done, the state is
sanctioned, which can include dismissing the prosecution or
telling the jury to presume that the evidence would not be
favorable to the defense. "We are working under some constraints
as to ... the constitutional right to discovery of evidence by
the defense." Police need to consult with the defense and the
prosecution before returning property. The way the bill is
drafted makes it look like the police could make that decision
on their own. Most would still consult but "we would like to
make it clear that they would." It doesn't say when, it just
says before 60 days after the case is completed. It is important
to keep evidence to meet discovery obligations under the law.
SENATOR FRENCH asked what "final disposition of the case" means.
Is that the exhaustion of all appellate opportunities?
MS. CARPENETI said yes. These days that date is not clear
because of post-conviction relief and appeals. The more
important the case, the longer it goes.
10:01:12 AM
SENATOR FRENCH asked Ms. Carpeneti if she has a phrase that
should be added so that law enforcement must speak to the
prosecution and defense before releasing property.
MS. CARPENETI said on line 9, after "determines" add ", after
consulting the prosecuting authority and the defense,".
SENATOR FRENCH moved Conceptual Amendment 1 as stated above, as
long as it comes back as a draft amendment from legislative
legal services. Hearing no objection, Conceptual Amendment 1 was
adopted.
SENATOR DYSON said the next committee of referral is the
judiciary. This committee should decide that the bill is in the
public interest because it protects victims from continual
victimization. The legal issue can be fixed in judiciary.
10:02:53 AM
SENATOR FRENCH said the amendment passed. If the bill leaves
state affairs, the language will appear in the next committee.
SENATOR PASKVAN said he concurs. The prosecution will determine
the weight of the evidence. The amendment is appropriate.
SENATOR DYSON said he wants "to bump this up as a priority for
the prosecutors and law enforcement folks to take care of the
victim." Already they have to get permission from the defense to
get the evidence released. Maybe these changes help do that.
"I'm good," he concluded.
10:04:28 AM
SENATOR MEYER moved to report SB 158, as amended, from committee
with individual recommendations and attached fiscal note(s).
There being no objection, CSSB 158(STA) moved out of committee.
The committee took a brief at-ease.
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