Legislature(2015 - 2016)GRUENBERG 120

04/04/2016 01:00 PM JUDICIARY

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 194 AK SECURITIES ACT; PENALTIES; CRT. RULES TELECONFERENCED
Heard & Held
-- Public & Invited Testimony --
+= HB 205 CRIMINAL LAW/PROCEDURE; DRIV LIC; PUB AID TELECONFERENCED
Scheduled but Not Heard
-- Testimony <Invitation Only> --
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HJR 29 CALL FED. CONSTITUTIONAL CONV:TERM LIMITS TELECONFERENCED
Moved HJR 29 Out of Committee
+= HB 317 FORFEITURE:NO CIVIL IN REM; ONLY CRIMINAL TELECONFERENCED
Moved CSHB 317(JUD) Out of Committee
       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.                                                                                                   

Document Name Date/Time Subjects
HB 194 - Summary of Changes.pdf HJUD 4/4/2016 1:00:00 PM
HB 194
HB 194 - Sectional Analysis Version N.pdf HJUD 4/4/2016 1:00:00 PM
HB 194
HB 194 - Supporting Documents - Snowbird Exemptions.pdf HJUD 4/4/2016 1:00:00 PM
HB 194
HB 194 - Supporting Documents - Crosswalk.pdf HJUD 4/4/2016 1:00:00 PM
HB 194
HB 194 - Supporting Documents - Table of Contents Version N.pdf HJUD 4/4/2016 1:00:00 PM
HB 194
HB 194 - Transmittal Letter.pdf HJUD 4/4/2016 1:00:00 PM
HB 194
HB 194 - Version N.PDF HJUD 4/4/2016 1:00:00 PM
HB 194
HB 194 - Fiscal Note-DOA-PDA-02-05-16.pdf HJUD 4/4/2016 1:00:00 PM
HB 194
HB 194 - Fiscal Note-DCCED-DBS-01-25-16.pdf HJUD 4/4/2016 1:00:00 PM
HB 194
HB 194 - Supporting Documents - Whitepaper.pdf HJUD 4/4/2016 1:00:00 PM
HB 194
HB 194 - Letter of Support - ACLI.pdf HJUD 4/4/2016 1:00:00 PM
HB 194
HJR 29 - Sponsor Statement.pdf HJUD 4/4/2016 1:00:00 PM
HJR 29
HJR 29 - Written Testimony - Received after 3.24.16.pdf HJUD 4/4/2016 1:00:00 PM
HJR 29
HB 317 - Supporting Documents - Kevin Fitzgerald Letter of Support 04.01.16.pdf HJUD 4/4/2016 1:00:00 PM
HB 317
HB 317 - Letter of Opposition - Alaska Association of Chiefs of Police 04.01.16.pdf HJUD 4/4/2016 1:00:00 PM
HB 317
HB 317 - Letter of Opposition - Jesse Davis 03.31.16.pdf HJUD 4/4/2016 1:00:00 PM
HB 317
HJR 29 - Fiscal Note -LEG-SESS-04-04-16.pdf HJUD 4/4/2016 1:00:00 PM
HJR 29
HB 317-CS ver H 4-4-16.pdf HJUD 4/4/2016 1:00:00 PM
HB 317
HB 317- CS ver H Explanation of Changes 4-4-16 (2).pdf HJUD 4/4/2016 1:00:00 PM
HB 317