HB 366: "An Act relating to the rights of crime victims, the crime of violating a protective order or injunction, mitigating factors in sentencing for an offense, and the return of certain seized property to victims; expanding the scope of the prohibition of compromise based on civil remedy of misdemeanor crimes involving domestic violence; amending Rules 10, 11, 13, 16, and 17, Alaska District Court Rules of Civil Procedure and Rule 9, Alaska Rules of Administration."
00HOUSE BILL NO. 366 01 "An Act relating to the rights of crime victims, the crime of violating a 02 protective order or injunction, mitigating factors in sentencing for an offense, and 03 the return of certain seized property to victims; expanding the scope of the 04 prohibition of compromise based on civil remedy of misdemeanor crimes involving 05 domestic violence; amending Rules 10, 11, 13, 16, and 17, Alaska District Court 06 Rules of Civil Procedure and Rule 9, Alaska Rules of Administration." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. The uncodified law of the State of Alaska is amended by adding a new 09 section to read: 10 INTENT AND PURPOSE OF THIS ACT. The intent and purpose of this Act are to 11 (1) advance public safety by facilitating the prosecution of criminals; 12 (2) further implement art. I, sec. 24, of the Alaska Constitution, to protect the 13 rights of crime victims; and 14 (3) protect the public by expanding the scope of the prohibition of compromise
01 of certain crimes by certain domestic violence victims because of a civil remedy. 02 * Sec. 2. AS 11.56.740(a) is amended to read: 03 (a) A person commits the crime of violating a protective order or a protective 04 injunction if the person is 05 (1) subject to a protective order containing a provision listed in 06 AS 18.66.100(c)(1) - (7) and knowingly commits or attempts to commit an act in 07 violation of that provision ; or 08 (2) subject to a protective injunction issued under AS 47.17.069 and 09 knowingly commits or attempts to commit an act in violation of the injunction . 10 * Sec. 3. AS 12.36 is amended by adding a new section to read: 11 Sec. 12.36.070. Property seized from pawnbroker or secondhand dealer. 12 (a) Property that a law enforcement agency has obtained from a pawnbroker or 13 secondhand dealer and that is possessed by a law enforcement agency in connection 14 with an investigation of the wrongful taking of the property shall be disposed of as 15 provided in this section. 16 (b) If the pawnbroker or secondhand dealer waives the right to notice of the 17 disposition of the property, the property may be returned to the victim of the offense 18 as provided in AS 12.36.010 - 12.36.060 and 12.36.090. 19 (c) If the pawnbroker or secondhand dealer requests notice of the disposition 20 of the property, the law enforcement agency shall provide to the pawnbroker or 21 secondhand dealer and to the victim of the offense notice of intent to dispose of the 22 property, and the names and addresses of the persons notified. 23 (d) A victim who receives notice under (c) of this section may file in the 24 district court a petition for return of the property on a form provided by the court. The 25 petition must be supported by an affidavit setting out the basis for the claim to 26 ownership of the property. The petition must be filed within 30 days after receipt of 27 the notice given under (c) of this section. The victim must submit proof that a copy 28 of the petition and affidavit has been served on the pawnbroker or secondhand dealer 29 and on the law enforcement agency that possesses the property. If a petition is not 30 filed in accordance with this subsection, the property may be returned to the 31 pawnbroker or secondhand dealer.
01 (e) Within 30 days after the filing of a petition under (d) of this section, the 02 pawnbroker or secondhand dealer may file a response to the petition and a supporting 03 affidavit rebutting the victim's claim of ownership, and must include with the response 04 a copy of the records of the transaction involving the property required under 05 AS 08.76. The pawnbroker or secondhand dealer must submit proof that a copy of the 06 response, affidavit, and records has been served on the victim and on the law 07 enforcement agency that possesses the property. If a response is not filed in 08 accordance with this subsection, the property may be returned to the victim. 09 (f) In a proceeding under this section or another proceeding concerning 10 ownership of the property, if the victim claims ownership of the property in 11 accordance with (d) of this section, the pawnbroker or secondhand dealer has the 12 burden of proving by a preponderance of the evidence that the victim is not the owner 13 of the property. Good faith purchase of the property by the pawnbroker or secondhand 14 dealer from another person is not relevant to ownership of the property. For purposes 15 of this section, "good faith purchase" means the purchase for money or other 16 consideration without knowledge that the property was wrongfully taken or that the 17 victim claims ownership in the property. 18 (g) The district court may decide ownership based on the documents filed 19 under this section unless a party requests a hearing or the court on its own motion 20 finds that a hearing is necessary to resolve the matter. If a hearing is held, the district 21 court may treat the petition, response, and affidavits as documents in support of 22 pleadings and the matter may be heard as a small claim under AS 22.15.040. If either 23 party claims that the value of the property exceeds the jurisdictional amount for a 24 small claim, the parties may proceed in the appropriate court under the applicable rules 25 of court. 26 (h) Filing fees may not be charged for filing a petition or a response to a 27 petition under this section. 28 (i) A person may not bring a civil action against the court, a law enforcement 29 agency, the state, or a subdivision of the state, or their officers, agents, or employees 30 concerning property disposed of under this section if the court, law enforcement 31 agency, state, subdivision of the state, or their officers, agents, or employees have in
01 good faith substantially complied with the provisions of this section. 02 (j) In this section, "pawnbroker or secondhand dealer" means a person engaged 03 in the business of buying and selling secondhand articles, or lending money on 04 secondhand articles, except a bank or other financial institution. 05 * Sec. 4. AS 12.45.120 is amended to read: 06 Sec. 12.45.120. Authority to compromise misdemeanors for which victim 07 has civil action. If a defendant is held to answer on a charge of misdemeanor for 08 which the person injured by the act constituting the crime has a remedy by a civil 09 action, the crime may be compromised except when it [WAS COMMITTED] 10 (1) was committed by or upon a peace officer, judge, or magistrate 11 while in the execution of the duties of that office; 12 (2) was committed riotously; 13 (3) was committed with an intent to commit a felony; 14 (4) was committed larcenously; 15 (5) is a crime involving domestic violence [AGAINST 16 (A) A SPOUSE OR A FORMER SPOUSE OF THE 17 DEFENDANT; 18 (B) A PARENT, GRANDPARENT, CHILD, OR 19 GRANDCHILD OF THE DEFENDANT; 20 (C) A MEMBER OF THE SOCIAL UNIT COMPRISED OF 21 THOSE LIVING TOGETHER IN THE SAME DWELLING AS THE 22 DEFENDANT; OR 23 (D) A PERSON WHO IS NOT A SPOUSE OR FORMER 24 SPOUSE OF THE DEFENDANT BUT WHO PREVIOUSLY LIVED IN A 25 SPOUSAL RELATIONSHIP WITH THE DEFENDANT]. 26 * Sec. 5. AS 12.45.120 is amended by adding a new subsection to read: 27 (b) In this section, "crime involving domestic violence" has the meaning given 28 in AS 18.66.990. 29 * Sec. 6. AS 12.55.155(d) is amended by adding a new paragraph to read: 30 (18) in a conviction for an offense, the defendant reduced the impact 31 of the offense on the victim by entering a plea of guilty or no contest within 30 days
01 of being arraigned on the charge. 02 * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section 03 to read: 04 INDIRECT COURT RULE CHANGE. (a) The provisions of sec. 3 of this Act have 05 the effect of amending Rules 10, 11, 13, 16, and 17, Alaska District Court Rules of Civil 06 Procedure, by providing procedures for small claims actions regarding property seized from 07 a pawnbroker or second-hand dealer. 08 (b) Section 3 of this Act takes effect only if (a) of this section receives the two-thirds 09 majority vote of each house required by art. IV, sec. 15, Constitution of the State of Alaska. 10 * Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section 11 to read: 12 INDIRECT COURT RULE CHANGE. (a) The provisions of AS 12.36.070(h), 13 enacted by sec. 3 of this Act, have the effect of amending Rule 9, Alaska Rules of 14 Administration, by prohibiting the court from setting an administrative fee for the filing of a 15 petition or response in accordance with AS 12.36.070, enacted by sec. 3 of this Act. 16 (b) AS 12.36.070(h), enacted by sec. 3 of this Act, takes effect only if (a) of this 17 section receives the two-thirds majority vote of each house required by art. IV, sec. 15, 18 Constitution of the State of Alaska. 19 * Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section 20 to read: 21 APPLICABILITY. (a) The changes made by sec. 2 of this Act apply to acts 22 committed on or after the effective date of this Act. 23 (b) Section 3 of this Act applies to property that remains in the possession of a law 24 enforcement agency and that was seized before, on, or after the effective date of this Act.