Legislature(2015 - 2016)BELTZ 105 (TSBldg)

04/13/2016 01:30 PM JUDICIARY

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 187 MOTOR VEHICLE ARSON ON PRIVATE PROPERTY TELECONFERENCED
Moved SB 187 Out of Committee
+ HB 308 CHILD SAFETY SEAT INSTALLATION LIABILITY TELECONFERENCED
Heard & Held
*+ SB 212 FORFEITURE:NO CIVIL IN REM; ONLY CRIMINAL TELECONFERENCED
Heard & Held
+ HB 27 DHSS DUTIES;CINA; FOSTER CARE; ADOPTION TELECONFERENCED
Moved SCS CSSSHB 27(HSS) Out of Committee
+ HB 126 CODE OF MILITARY JUSTICE; APPEALS TELECONFERENCED
<Pending Referral>
+ Bills Previously Heard/Scheduled: TELECONFERENCED
+= HB 8 POWERS OF ATTORNEY TELECONFERENCED
Moved SCS CSHB 8(JUD) Out of Committee
-- Public Testimony --
**Streamed live on AKL.tv**
       SB 212-FORFEITURE: NO CIVIL IN REM; ONLY CRIMINAL                                                                    
                                                                                                                                
2:35:26 PM                                                                                                                    
CHAIR MCGUIRE  announced the consideration  of SB 212.  She noted                                                               
that this is the first hearing.                                                                                                 
                                                                                                                                
2:35:29 PM                                                                                                                    
FORREST WOLFE, Staff, Senator  McGuire, Alaska State Legislature,                                                               
Juneau,  Alaska,  introduced SB  212  on  behalf of  the  sponsor                                                               
speaking to the following prepared statement:                                                                                   
                                                                                                                                
     Senate Bill  212 protects  the private  property rights                                                                    
     of  innocent   citizens  by  requiring   that  Alaska's                                                                    
     revered and dedicated  law enforcement agencies, charge                                                                    
     individuals  with a  crime  before permanently  seizing                                                                    
     private property                                                                                                           
                                                                                                                                
     Across  the nation,  civil asset  forfeiture laws  have                                                                    
     gained notoriety in recent years  for rampant abuse and                                                                    
     deliberate   circumvention   of  due   process.   Well-                                                                    
     documented cases of policing  for profit have sparked a                                                                    
     wave of reform nationwide.                                                                                                 
                                                                                                                                
     SB 212 is  a step in the right  direction in protecting                                                                    
     private  citizens' property  rights  and affirming  the                                                                    
     integrity of law enforcement.                                                                                              
                                                                                                                                
2:36:30 PM                                                                                                                    
SENATOR COGHILL  asked for  an explanation  of in  rem forfeiture                                                               
actions.                                                                                                                        
                                                                                                                                
MR. WOLFE deferred the question to the drafter.                                                                                 
                                                                                                                                
2:36:56 PM                                                                                                                    
MEGAN WALLACE, Legislative  Attorney, Legislative Legal Services,                                                               
Legislative Affairs  Agency, explained that  in rem is  an action                                                               
brought  against a  piece of  property  as opposed  to against  a                                                               
person.                                                                                                                         
                                                                                                                                
CHAIR MCGUIRE asked Mr. Sandberg to comment on the bill.                                                                        
                                                                                                                                
2:37:55 PM                                                                                                                    
PETER   SANDBERG,   Attorney,   Ingaldson   Maassen   Fitzgerald,                                                               
explained that  SB 212  is intended to  ensure that  people don't                                                               
unjustly lose their  property in a civil proceeding.  If there is                                                               
going to  be forfeiture of  property, it will happen  through the                                                               
criminal process. He  noted that Mr. Skidmore  would probably say                                                               
that  civil in  rem forfeiture  isn't used  in Alaska,  but cases                                                               
from the  late 1990s and  early 2000s make  it clear that  it was                                                               
used. In some of those cases  the people were acquitted and still                                                               
lost their property.                                                                                                            
                                                                                                                                
SENATOR WIELECHOWSKI asked if this is a problem in Alaska.                                                                      
                                                                                                                                
MR. SANDBERG said there is  no single procedure for forfeiture in                                                               
Alaska  law and  he  believes  that most  people  would say  it's                                                               
fundamentally unfair  to be acquitted  of a crime and  still have                                                               
your property  taken. He read the  summary of the Waste  v. State                                                               
decision that is the case law on the matter.                                                                                    
                                                                                                                                
CHAIR MCGUIRE referenced an article  in the packet that refers to                                                               
a U.S.  Supreme Court  ruling tossing out  Alvarez v.  Smith. She                                                               
said that  was a challenge to  a portion of the  asset forfeiture                                                               
law in Illinois  allowing government to keep  seized property for                                                               
up to six months before giving an owner a day in court.                                                                         
                                                                                                                                
2:43:10 PM                                                                                                                    
SENATOR  WIELECHOWSKI noted  an  article indicating  that in  rem                                                               
forfeiture  is  a civil  method  of  law enforcement  for  Indian                                                               
tribes. He  expressed interest in  knowing if that's an  issue in                                                               
Alaska.                                                                                                                         
                                                                                                                                
2:43:29 PM                                                                                                                    
CHAIR MCGUIRE held SB 212 in committee for future consideration.                                                                
                                                                                                                                

Document Name Date/Time Subjects
SB187 Sponsor Statement.pdf SJUD 4/13/2016 1:30:00 PM
SB 187
SB187 Support AnchoragePoliceDepartment.PDF SJUD 4/13/2016 1:30:00 PM
SB 187
SB187 Support Balega Fire Investigators.pdf SJUD 4/13/2016 1:30:00 PM
SB 187
SB187 Support Fire Chiefs.pdf SJUD 4/13/2016 1:30:00 PM
SB 187
SB187A.PDF SJUD 4/13/2016 1:30:00 PM
SB 187
SB 187 FiscalNote.pdf SJUD 4/13/2016 1:30:00 PM
SB 187
4.8.16 HB 27 Summary of Changes Version GA to Version S.pdf SJUD 4/13/2016 1:30:00 PM
HB 27
HB 27 4.13.16 Fiscal Note.pdf SJUD 4/13/2016 1:30:00 PM
HB 27
HB 27 George Brown Letter of Support.pdf SJUD 4/13/2016 1:30:00 PM
HB 27
SB212 Fiscal Note-DOA-OPA-04-12-2016.pdf SJUD 4/13/2016 1:30:00 PM
SB 212
SB212 Fiscal Note-DOA-PDA-04-12-16.pdf SJUD 4/13/2016 1:30:00 PM
SB 212
SB212 Fiscal Note-DPS-COMM-04-11-16.pdf SJUD 4/13/2016 1:30:00 PM
SB 212
SB212 Fiscal Note-LAW-ASD-04-12-16.pdf SJUD 4/13/2016 1:30:00 PM
SB 212
SB212 Sponsor Statement.pdf SJUD 4/13/2016 1:30:00 PM
SB 212
SB212 ver A.PDF SJUD 4/13/2016 1:30:00 PM
SB 212
SB212 Supporting Documents - Take the Money and Run Slate Article.pdf SJUD 4/13/2016 1:30:00 PM
SB 212
SB212 Supporting Documents - The Forfeiture Racket Article Reason.com.pdf SJUD 4/13/2016 1:30:00 PM
SB 212
HB 308 Kenai General Hosp..pdf SJUD 4/13/2016 1:30:00 PM
HB 308