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.