CSHB 366(FIN): "An Act relating to the rights of crime victims, the crime of violating a protective order or injunction, enforcement of protective orders, 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; and amending Rules 10, 11, 13, 16, and 17, Alaska District Court Rules of Civil Procedure, and Rule 9, Alaska Rules of Administration."
00CS FOR HOUSE BILL NO. 366(FIN) 01 "An Act relating to the rights of crime victims, the crime of violating a 02 protective order or injunction, enforcement of protective orders, mitigating factors 03 in sentencing for an offense, and the return of certain seized property to victims; 04 expanding the scope of the prohibition of compromise based on civil remedy of 05 misdemeanor crimes involving domestic violence; and amending Rules 10, 11, 13, 06 16, and 17, Alaska District Court Rules of Civil Procedure, and Rule 9, Alaska 07 Rules of Administration." 08 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 09 * Section 1. The uncodified law of the State of Alaska is amended by adding a new 10 section to read: 11 INTENT AND PURPOSE OF THIS ACT. The intent and purpose of this Act are to 12 (1) advance public safety by facilitating the prosecution of criminals; 13 (2) further implement art. I, sec. 24, Constitution of the State of Alaska to 14 protect the rights of crime victims; and
01 (3) protect the public by expanding the scope of the prohibition of compromise 02 of certain crimes by certain domestic violence victims because of a civil remedy. 03 * Sec. 2. AS 11.56.740(a) is amended to read: 04 (a) A person commits the crime of violating a protective order or a protective 05 injunction if the person is subject to 06 (1) a protective order containing a provision listed in 07 AS 18.66.100(c)(1) - (7) and knowingly commits or attempts to commit an act in 08 violation of that provision ; or 09 (2) a protective injunction issued under AS 47.17.069 and 10 knowingly commits or attempts to commit an act in violation of the injunction . 11 * Sec. 3. AS 11.56.740(c) is amended to read: 12 (c) In this section, "protective order" means an order issued or filed under 13 AS 18.66.100 - 18.66.180 or issued by another state under laws substantially 14 similar to AS 18.66.100 - 18.66.180 . 15 * Sec. 4. AS 12.36 is amended by adding a new section to read: 16 Sec. 12.36.070. Property seized from pawnbroker or secondhand dealer. 17 (a) Property that a law enforcement agency has obtained from a pawnbroker or 18 secondhand dealer and that is possessed by a law enforcement agency in connection 19 with an investigation of the wrongful taking of the property shall be disposed of as 20 provided in this section. 21 (b) If the pawnbroker or secondhand dealer waives the right to notice of the 22 disposition of the property, the property may be returned to the victim of the offense 23 as provided in AS 12.36.010 - 12.36.060 and 12.36.090. 24 (c) If the pawnbroker or secondhand dealer requests notice of the disposition 25 of the property, the law enforcement agency shall provide to the pawnbroker or 26 secondhand dealer and to the victim of the offense notice of intent to dispose of the 27 property and the names and addresses of the persons notified. 28 (d) A victim who receives notice under (c) of this section may file in the 29 district court a petition for return of the property on a form provided by the court. The 30 petition must be supported by an affidavit setting out the basis for the claim to 31 ownership of the property. The petition must be filed within 30 days after receipt of
01 the notice given under (c) of this section. The victim must submit proof that a copy 02 of the petition and affidavit has been served on the pawnbroker or secondhand dealer 03 and on the law enforcement agency that possesses the property. If a petition is not 04 filed in accordance with this subsection, the property may be returned to the 05 pawnbroker or secondhand dealer. 06 (e) Within 30 days after the filing of a petition under (d) of this section, the 07 pawnbroker or secondhand dealer may file a response to the petition and a supporting 08 affidavit rebutting the victim's claim of ownership, and must include with the response 09 a copy of the records of the transaction involving the property required under 10 AS 08.76. The pawnbroker or secondhand dealer must submit proof that a copy of the 11 response, affidavit, and records has been served on the victim and on the law 12 enforcement agency that possesses the property. If a response is not filed in 13 accordance with this subsection, the property may be returned to the victim. 14 (f) In a proceeding under this section or another proceeding concerning 15 ownership of the property, if the victim claims ownership of the property in 16 accordance with (d) of this section, the pawnbroker or secondhand dealer has the 17 burden of proving by a preponderance of the evidence that the victim is not the owner 18 of the property. Good faith purchase of the property by the pawnbroker or secondhand 19 dealer from another person is not relevant to ownership of the property. For purposes 20 of this subsection, "good faith purchase" means the purchase for money or other 21 consideration without knowledge that the property was wrongfully taken or that the 22 victim claims ownership in the property. 23 (g) The district court may decide ownership based on the documents filed 24 under this section unless a party requests a hearing or the court on its own motion 25 finds that a hearing is necessary to resolve the matter. If a hearing is held, the district 26 court may treat the petition, response, and affidavits as documents in support of 27 pleadings, and the matter may be heard as a small claim under AS 22.15.040. If either 28 party claims that the value of the property exceeds the jurisdictional amount for a 29 small claim, the parties may proceed in the appropriate court under the applicable rules 30 of court. 31 (h) Filing fees may not be charged for filing a petition or a response to a
01 petition under this section. 02 (i) A person may not bring a civil action against the court, a law enforcement 03 agency, the state, or a subdivision of the state, or their officers, agents, or employees 04 concerning property disposed of under this section if the court, law enforcement 05 agency, state, subdivision of the state, or their officers, agents, or employees have in 06 good faith substantially complied with the provisions of this section. 07 (j) In this section, "pawnbroker or secondhand dealer" means a person engaged 08 in the business of buying and selling secondhand articles or lending money on 09 secondhand articles, except a bank or other financial institution. 10 * Sec. 5. AS 12.45.120 is amended to read: 11 Sec. 12.45.120. Authority to compromise misdemeanors for which victim 12 has civil action. If a defendant is held to answer on a charge of misdemeanor for 13 which the person injured by the act constituting the crime has a remedy by a civil 14 action, the crime may be compromised except when it [WAS COMMITTED] 15 (1) was committed by or upon a peace officer, judge, or magistrate 16 while in the execution of the duties of that office; 17 (2) was committed riotously; 18 (3) was committed with an intent to commit a felony; 19 (4) was committed larcenously; 20 (5) is a crime involving domestic violence [AGAINST 21 (A) A SPOUSE OR A FORMER SPOUSE OF THE 22 DEFENDANT; 23 (B) A PARENT, GRANDPARENT, CHILD, OR 24 GRANDCHILD OF THE DEFENDANT; 25 (C) A MEMBER OF THE SOCIAL UNIT COMPRISED OF 26 THOSE LIVING TOGETHER IN THE SAME DWELLING AS THE 27 DEFENDANT; OR 28 (D) A PERSON WHO IS NOT A SPOUSE OR FORMER 29 SPOUSE OF THE DEFENDANT BUT WHO PREVIOUSLY LIVED IN A 30 SPOUSAL RELATIONSHIP WITH THE DEFENDANT]. 31 * Sec. 6. AS 12.45.120 is amended by adding a new subsection to read:
01 (b) In this section, "crime involving domestic violence" has the meaning given 02 in AS 18.66.990. 03 * Sec. 7. AS 12.55.155(d) is amended by adding a new paragraph to read: 04 (18) in a conviction for an offense, the defendant reduced the effect of 05 the offense on the victim by entering a plea of guilty or no contest within 30 days after 06 being arraigned on the charge. 07 * Sec. 8. AS 18.66.140(a) is amended to read: 08 (a) A certified copy of an unexpired protective order issued in another 09 jurisdiction has the same effect and must be enforced in the same manner as a 10 protective order issued by a court of this state and may be filed with the clerk of 11 court in any judicial district in this state. 12 * Sec. 9. AS 18.66.140(b) is repealed. 13 * Sec. 10. The uncodified law of the State of Alaska is amended by adding a new section 14 to read: 15 INDIRECT COURT RULE CHANGE. (a) The provisions of sec. 4 of this Act have 16 the effect of amending Rules 10, 11, 13, 16, and 17, Alaska District Court Rules of Civil 17 Procedure, by providing procedures for small claims actions regarding property seized from 18 a pawnbroker or secondhand dealer. 19 (b) Section 4 of this Act takes effect only if (a) of this section receives the two-thirds 20 majority vote of each house required by art. IV, sec. 15, Constitution of the State of Alaska. 21 * Sec. 11. The uncodified law of the State of Alaska is amended by adding a new section 22 to read: 23 INDIRECT COURT RULE CHANGE. (a) The provisions of AS 12.36.070(h), 24 enacted by sec. 4 of this Act, have the effect of amending Rule 9, Alaska Rules of 25 Administration, by prohibiting the court from setting an administrative fee for the filing of a 26 petition or response in accordance with AS 12.36.070, enacted by sec. 4 of this Act. 27 (b) AS 12.36.070(h), enacted by sec. 4 of this Act, takes effect only if (a) of this 28 section receives the two-thirds majority vote of each house required by art. IV, sec. 15, 29 Constitution of the State of Alaska. 30 * Sec. 12. The uncodified law of the State of Alaska is amended by adding a new section 31 to read:
01 APPLICABILITY. (a) The changes made by sec. 2 of this Act apply to acts 02 committed on or after the effective date of this Act. 03 (b) Section 4 of this Act applies to property that remains in the possession of a law 04 enforcement agency and that was seized before, on, or after the effective date of this Act.