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.