05/08/2002 09:31 AM Senate RLS

CHAIRMAN PHILLIPS  announced that CSHB  32(JUD)am - SEX  CRIME AND                                                          
PORNOGRAPHY FORFEITURES was before the committee.                                                                           
                                                                                                                                
SENATOR ELLIS moved to calendar CSHB 32(JUD)am.                                                                                 
                                                                                                                                
SENATOR THERRIAULT  said he  has received conflicting  information                                                              
from the  court system and police  departments as to  whether this                                                              
legislation is  needed. He  was told the  computers can  be seized                                                              
and have  been in certain circumstances.  He asked to hear  from a                                                              
representative of the prime sponsor's office.                                                                                   
                                                                                                                                
CHAIRMAN PHILLIPS announced that  he would hold the bill but noted                                                              
that he has  provided 48 hours of  notice on the bills  on today's                                                              
calendar.                                                                                                                       
                                                                                                                                
REPRESENTATIVE  HAYES  arrived  so  the  committee  continued  its                                                              
discussion of CSHB 32(JUD)am.                                                                                                   
                                                                                                                                
SENATOR THERRIAULT  again explained  the conflicting  positions he                                                              
has received  on this bill  and asked  what this bill  will change                                                              
and  what was  wrong with  the discretionary  system  used by  the                                                              
court  system.  He advised  that  he does  not  want  to create  a                                                              
situation  in which  police  departments seize  equipment  because                                                              
they want the latest model computers from businesses.                                                                           
                                                                                                                                
REPRESENTATIVE HAYES  said that issue was brought up  in the House                                                              
and  intent  language  was  placed in  the  bill  to  specifically                                                              
address  it. Equipment  will be seized  only from  the person  who                                                              
actually committed  the crime  and is  convicted. Nothing  will be                                                              
seized from a business; the equipment must be personal.                                                                         
                                                                                                                                
SENATOR  THERRIAULT  asked  how   that  would  apply  to  computer                                                              
equipment in  a household - whether  the person convicted  owns it                                                              
or the person's spouse.                                                                                                         
                                                                                                                                
REPRESENTATIVE HAYES  said that would depend on  whoever purchased                                                              
the equipment.                                                                                                                  
                                                                                                                                
SENATOR  THERRIAULT  asked  whether  the  court  would  make  that                                                              
finding.  He  questioned  what  would  happen  if  he  bought  the                                                              
computer but his wife paid the credit card bill.                                                                                
                                                                                                                                
REPRESENTATIVE HAYES  said in that situation, he  would assume the                                                              
police would have  to make a determination about  who the computer                                                              
belongs to and who committed the crime.                                                                                         
                                                                                                                                
SENATOR  THERRIAULT  said  he  plans  to  approve  this  bill  for                                                              
calendaring but  he has  heard on the  federal level  about police                                                              
seizing  cars  in  drug  busts because  they  want  the  cars  for                                                              
undercover work. He does not want to create a similar situation.                                                                
                                                                                                                                
REPRESENTATIVE  HAYES said  that  since this  bill was  introduced                                                              
last  year, there  have  been 14  cases  of child  pornography  or                                                              
soliciting sex from  minors in Alaska. He just talked  to the FBI,                                                              
which has  just completed  a huge national  operation in  which it                                                              
found 90 people  involved in a child pornography  network. The FBI                                                              
will be sending  a letter today in  support of this bill.  He told                                                              
Senator Therriault that  if the problem with his  comfort level is                                                              
with police  departments seizing  equipment, he  is not  averse to                                                              
including schools.                                                                                                              
                                                                                                                                
SENATOR   ELLIS  moved   to  calendar  CSHB   32(JUD)am   and  its                                                              
accompanying fiscal notes at the Chairman's discretion.                                                                         
                                                                                                                                
CHAIRMAN  PHILLIPS announced  that with  no objection, the  motion                                                              
carried.