HB 42 — An Act relating to seizure of property; 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.

0425 * Sec.

8.

AS 12.35 is amended by adding new sections to read:

26 Article 2.

Seizure of Property.

27 Sec.

12.35.200.

Issuance of an order to seize property subject to forfeiture.

28 (a) Except as provided in AS 12.35.020, a court may issue an order to seize property 29 that is subject to forfeiture if the court finds that 30 (1) the property is subject to forfeiture;

and 31 (2) there is probable cause to believe that (A) the state will prevail on the issue of forfeiture;

02 (B) failure to enter the order will result in the property being 03 destroyed, removed from the state, or otherwise made unavailable for 04 forfeiture;

or 05 (C) the item to be seized is otherwise illegal to possess.

06 (b) Real property subject to forfeiture under this section may be seized after 07 notice to the property owner and a hearing to determine the sufficiency of probable 08 cause for the seizure.

Nothing in this subsection prohibits the court from issuing an ex 09 parte order to prohibit the sale or destruction of the real property.

In this subsection, 10 "real property" has the meaning given in AS 29.71.800.

11 (c) Property subject to forfeiture under this section may be seized at any time, 12 without a prior court order, if the 13 (1) seizure is incident to a lawful arrest for an offense or to a search 14 lawfully conducted under a search warrant and the law enforcement officer making the 15 arrest or executing the search has probable cause to believe the property is subject to 16 forfeiture;

17 (2) property subject to forfeiture is the subject of a previous judgment 18 in favor of the state;

or 19 (3) law enforcement officer making the seizure has probable cause to 20 believe the property is subject to forfeiture and that the delay occasioned by the need 21 to obtain a court order would result in the removal or destruction of the property or 22 otherwise frustrate the seizure.

23 Sec.

12.35.210.

Seized property.

Seized property shall be kept by the 24 custodian in a manner to protect it from theft or damage and, if ordered by the court, 25 insured against those risks.

26 Sec.

12.35.220.

Post-seizure hearing.

(a) Following the seizure of property, 27 the defendant in the related criminal matter or another person who claims an interest in 28 seized property may request return of seized property.

The request must be made to 29 the court, identify the court case or search warrant number, and include facts to 30 support the person's interest in the property.

Except upon a showing of good cause, the 31 post-seizure hearing shall occur within 45 days after the moving party's request.

(b) The moving party has the burden of proving by a preponderance of the 02 evidence that the moving party is the lawful owner of the property, the property is not 03 subject to forfeiture under AS 12.36.300, and the property is not otherwise illegal to 04 possess.

If the moving party meets the burden, the court shall order the property 05 returned to the moving party, unless the party opposing return of the property proves 06 by a preponderance of the evidence that the property must be retained for evidentiary 07 purposes related to a criminal offense.

08 (c) Before ordering the return of seized property subject to forfeiture, the court 09 (1) must find that 10 (A) the item has no evidentiary value;

or 11 (B) the parties have reached an agreement or stipulation that 12 preserves the evidentiary value of the property or maintains the evidentiary 13 integrity of the property;

and 14 (2) may require the property owner to post cash or a secured monetary 15 bond in an amount up to the fair market value of the property.

16 * Sec.

0517 (a) A law enforcement agency may 0618 (1) not return property in its custody to the owner or the agent of the 0719 owner, except as provided in AS 12.36.20012.35.220, orAS 12.36.30012.36.200, -or 12.36.490,12.36.320, if 0820 (A) the property is in custody in connection with a children's 0921 court proceeding, a criminal proceeding, or an official investigation of a crime;

1022 or 1123 (B) the property in custody is subject to forfeiture under the 1224 laws of the 1325 (i) state;

or 1426 (ii) United States, and the United States has commenced 1527 forfeiture proceedings against the property or has requested the transfer 1628 of the property for the commencement of forfeiture proceedings;

and 1729 (2) with the approval of the court, transfer the property to another state 1830 or federal law enforcement agency for forfeiture proceedings by that agency;

the court 1931 having jurisdiction shall grant the approval under this paragraph if the property 20 (A) will be retained within the jurisdiction of the court by the 2102 agency to which the property is being transferred;

or 2203 (B) is 2304 (i) not needed as evidence;

or 2405 (ii) needed as evidence, and the property is fungible or 2506 the property's evidentiary value can otherwise be preserved without 2607 retaining the property within the jurisdiction of the court.

2708 * Sec.

2809 (a) A deadly weapon, other than a firearm or ammunition, forfeited to the state 2910 under AS 12.36.300 - 12.36.490 [AS 12.55.015(a)(9), UNLESSunless REMITTEDremitted UNDERunder 30 AS 12.36.050,]12.36.320 [AS 12.36.050], shall 11 be disposed of by the commissioner of public safety under this 31 section.

Under this 12 subsection, the commissioner of public safety 13 (1) may declare a weapon surplus and transfer it to the commissioner 0214 of administration;

0315 (2) may, if the weapon is suitable for law enforcement purposes, 0416 training, or identification, retain the weapon for use by the Department of Public 0517 Safety or transfer the weapon to the municipal law enforcement agency making the 0618 arrest that led to the forfeiture;

0719 (3) shall destroy a weapon that is unsafe or unlawful.

0820 * Sec.

0921 (c) A firearm or ammunition forfeited to the state under AS 12.36.30012.55.015(a)(9), -22 10unless 12.36.490remitted [ASunder 12.55.015(a)(9),AS UNLESS12.36.320 REMITTED[AS UNDER12.36.050], AS 12.36.050,] shall 11 be disposed of as provided 23 in AS 18.65.340.

1224 * Sec.

1325 Article 03.3.

1426 Sec.

(a) A person's property is 1527 subject to forfeiture to the state if the 1628 (1) person is arrestedconvicted forof an offense listedthat inprovides ASfor 12.36.310;forfeiture by 29 law, regulation, or ordinance;

17and 30 (2) personstate establishes by clear and convincing evidence that the property 31 is convictedsubject to forfeiture under (b) of thethis offense;section.

and(b) 18Following (3)conviction statefor establishesan offense that provides for forfeiture by clearlaw, and02 convincingregulation, evidenceor thatordinance, thea propertycourt 19may isorder subjecta person to forfeitureforfeit under03 (c)(1) property the person acquired through commission of thisthe section.offense;

2004 (b)(2) Aproperty courtdirectly maytraceable waiveto theproperty convictionacquired requirementthrough in (a)(2) of this section if 21 the state05 provescommission byof clear and convincing evidence that the personoffense; has been arrested 22 and charged with a criminal offense listed in AS 12.36.310 and the person wilfully 23 fails to appear as required, intentionally flees to evade prosecution, or is deceased.

Theor 2406 property(3) remainsany subjectinstrumentality tothe claimsperson byused innocentin owners,the creditors,commission andof otherthe third07 25offense. parties as provided under AS 12.36.300 - 12.36.490.

2608 (c) FollowingAny convictionproperty forthat anis offenseotherwise listedillegal into ASpossess 12.36.310,is asubject courtto mayforfeiture 27 order a person to forfeit09 28 (1) property the personstate. acquired through commission of the offense;

2910 (2)(d) propertyNothing directlyin traceablethis tosection prevents property acquiredfrom throughbeing forfeited by the 30terms commission11 of a plea agreement that is approved by a court or by other agreement of the offense;parties to 12 a criminal proceeding.

3113 (3)(e) anyIn instrumentalityaccordance thewith personAS used09.55.700, nothing in thethis commissionsection limits or prevents 14 civil forfeiture under other state law or authority outside of thecriminal offense;proceedings.

0215 (4)Sec. any item set out in AS 04.16.220, AS 17.30.110, AS 43.50.620, or 03 43.50.625.

04 (d) Notwithstanding (c) of this section, the following property is exempt from 05 forfeiture:

06 (1) homestead real property;

07 (2) a motor vehicle worth less than $10,000 market value;

and 08 (3) United States currency totaling $1,000 or less.

09 (e) Nothing in this section prevents property from being forfeited by the terms 10 of a plea agreement that is approved by a court or by other agreement of the parties to 11 a criminal proceeding.

12 (f) The state may not seek a personal money judgment or other remedy against 13 a person not provided for under AS 12.36.300 - 12.36.490.

14 (g) Except as provided in (h) of this section, at any time, at the request of the 15 state, a court may issue a preliminary order to seize property that is subject to 16 forfeiture and for which forfeiture is sought and to provide for the custody of the 17 property.

Before granting an order to seize property under this subsection, the court 18 shall give any putative interest holder in the property the right to be heard with regard 19 to the seizure.

The execution on the order to seize the property and the return of the 20 property, if applicable, are subject to this chapter and other state laws.

Before issuing 21 an order under this subsection, the court shall make a finding that 22 (1) there is a substantial probability that the 23 (A) property is subject to forfeiture;

24 (B) state will prevail on the issue of forfeiture;

and 25 (C) failure to enter the order will result in the property being 26 destroyed, removed from the state, or otherwise made unavailable for 27 forfeiture;

and 28 (2) the need to preserve the availability of the property through the 29 entry of the requested order outweighs the hardship to the owner and other parties 30 known to be claiming interests in the property.

31 (h) Personal property subject to forfeiture under this section may be seized at any time, without a previous court order, if the 02 (1) seizure is incident to a lawful arrest for an offense or to a search 03 lawfully conducted under a search warrant and the law enforcement officer making the 04 arrest or executing the search has probable cause to believe the property is subject to 05 forfeiture and that the subject of the arrest or search warrant is an owner of the 06 property;

07 (2) property subject to forfeiture is the subject of a previous judgment 08 in favor of the state;

or 09 (3) law enforcement officer making the seizure has probable cause to 10 believe the property is subject to forfeiture and that the delay occasioned by the need 11 to obtain a court order would result in the removal or destruction of the property or 12 otherwise frustrate the seizure.

13 (i) The mere presence or possession of United States currency, without 14 evidence of criminal conduct, is not probable cause for seizure under (h) of this 15 section.

16 (j) A court may issue an order to seize or secure real property for which 17 forfeiture is sought only after notice and a hearing for the property owner to determine 18 the sufficiency of probable cause for the seizure.

Nothing in this subsection prohibits 19 the state from seeking a court order to prohibit the sale or destruction of the real 20 property.

21 Sec.

12.36.310.

Offenses subject to forfeiture.

(a) Forfeiture to the state is 22 permitted following the conviction of a criminal offense under 23 (1) AS 04.11.010, 04.11.499, 04.11.501, or an ordinance adopted 24 under AS 04.11.501;

25 (2) AS 04.16.205;

26 (3) AS 04.21.060;

27 (4) AS 08.54;

28 (5) AS 11.41, AS 11.46, AS 11.56, or AS 11.61, if a deadly weapon 29 was in the actual possession of or used by the defendant during the commission of the 30 offense;

31 (6) AS 11.41.410 - 11.41.458, as set out in AS 11.41.468;

(7) AS 11.46.460, 11.46.462, or 11.46.484(a)(5), if personal property, 02 other than a motor vehicle, is used in aid of the offense;

03 (8) AS 11.61.123 - 11.61.128, as set out in AS 11.61.129;

04 (9) AS 11.61.140;

05 (10) AS 11.66.100(e) or 11.66.110 - 11.66.135, as set out in 06 AS 11.66.145;

07 (11) AS 11.66.200 - 11.66.280, as set out in AS 11.66.270;

08 (12) AS 11.71;

09 (13) AS 11.73;

10 (14) AS 16.05;

11 (15) AS 16.43.140(a), as set out in AS 16.43.970(g);

12 (16) an ordinance adopted under AS 28.01.015;

13 (17) AS 28.35.030 or 28.35.032;

14 (18) AS 43.50.640;

15 (19) any applicable law if a motor vehicle, weapon, electronic 16 communication device, or money or other valuable was used in or obtained through an 17 offense that was committed for the benefit of, at the direction of, or in association with 18 a criminal street gang;

or 19 (20) any applicable law if a deadly weapon was in the actual 20 possession of or used by the defendant during the commission of a crime involving 21 domestic violence.

22 (b) In this section, 23 (1) "criminal street gang" has the meaning given in AS 11.81.900;

24 (2) "deadly weapon" has the meaning given in AS 11.81.900.

25 Sec.

SeizureRemission of property;forfeited property.

motion(a) forA returnperson seeking 16 remission of property.the person's interest in property forfeited under AS 12.36.300 - 12.36.340 17 shall prove to the court by a preponderance of the evidence that the person 18 (1) holds a legal right, title, or interest in the property seized, acquired 19 in good faith;

(a)20 26(2) Whendid anot lawknowingly enforcementparticipate officer seizes property that is subject to forfeiture to the 27 state, the officer shall provide an itemized receipt to the person possessing the 28 property or, in the absencecommission of a person to whom the receiptcrime could be given, shall leave 29 the receipt in the21 placewhich where the property was found,used; if possible.

3022 (b)(3) Followingdid thenot seizureknow of property, the defendant in the related criminal 31 matter or anotherhave personreasonable whocause claimsto anbelieve interestthat inthe seized property may,23 notwas laterused than 60 days before a related criminal trial, claim an interest in seized property or requestwould 02be returnused ofto seizedcommit property by a motioncrime; to the court.

Aand motion24 filed(4) underobtained thisthe subsectionproperty 0325 must(A) includeas factsa tobona supportfide thepurchaser person'sfor allegedfair interestmarket invalue; the property.

0426 (c)(B) Ifby ainheritance personbefore makes a timely motion under this section, the courtdate shall hold a 05 hearing on the motion within 30 days of the dateoffense onresulting whichin the27 motionforfeiture; is filed, or 06 before the resolution of any related criminal matter or forfeiture proceeding, 07 whichever is earlier.

0828 (d)(C) Atas least 10 days before a hearinggift onfrom a motionperson filedother underthan this section, the 09defendant; state shall file an answer or responsive motion that shows probable cause for the 10 seizure.

11or (e)29 A(D) courtlawfully shallin grant a claimant'smanner motion if the court findsconsiders thatjust. 12 (1) it is likely that the final judgment will require the state to return the 13 property to the claimant;

1430 (2)(b) Upon a showing that the propertyperson is notentitled reasonablyto requiredrelief under (a) of this 31 section, the court may order that an amount equal to the value of the person's interest be heldpaid forto investigatorythe 15person reasons;or that the property be released to the person.

or02 16(c) (3)A theclaim propertymay isnot thebe onlyfiled reasonableunder meansthis forsection amore defendantthan to120 paydays forafter 17the legal03 representationentry of the final judgment in athe relatedcase criminalin orwhich forfeiturethe proceeding.property was ordered forfeited.

1804 (f)The In its discretion, the court may orderextend the return120-day ofperiod fundsupon ora propertyshowing 19of sufficientgood tocause. obtain legal counsel but less than the total amount seized, and the court 20 may require an accounting.

2105 (g)Sec. In lieu of ordering the return of funds or property, a court may order 22 (1) the state to give security or written assurance for satisfaction of any 23 judgment, including damages, that may be rendered in a related forfeiture action;

or 24 (2) any other relief the court considers to be just.

25 (h) When a claimant is not represented by an attorney, any inculpatory 26 statements made or inculpatory evidence presented to support the claim in a motion or 27 during a hearing under this section may not be admitted as evidence against the 28 claimant in a subsequent criminal proceeding.

29 Sec.

AncillaryForfeiture forfeiture.of substitute property.

(a)Following Withina 30person's days06 afterconviction, makingthe state may make a 30motion seizurefor forfeiture of substitute property orowned simultaneouslyby upon07 filingthe aperson relatedthat criminalis indictment,equal theto 31but statedoes shallnot fileexceed athe complaintvalue of ancillaryproperty forfeiturethat proceedingsis orsubject returnto the08 propertyforfeiture tobut that the personstate fromis whomunable itto wasseize. seized.

AThe complaintcourt shall order the forfeiture of ancillary09 substitute property only if the state proves by clear and convincing evidence that the 10 person intentionally transferred, sold, or deposited property with a third party to avoid 11 the court's jurisdiction and the forfeiture proceedingsof 02the shallproperty, includeand the following:substitute property is 12 owned in full by the convicted person.

0313 (1)Sec. a description of the property seized;

04 (2) the date and place of seizure of the property;

05 (3) the name and address of the law enforcement agency making the 06 seizure;

07 (4) the specific statutory and factual grounds for the seizure;

08 (5) whether the property was seized under an order of seizure or 09 forfeiture, and, if the property was seized without an order of seizure or forfeiture, an 10 affidavit from a law enforcement officer stating the legal and factual grounds for why 11 an order of seizure or forfeiture was not required;

and 12 (6) in the complaint caption and in the complaint, the names of persons 13 known to the state who may claim an interest in the property and the basis for each 14 person's alleged interest.

15 (b) The complaint shall be served on the person from whom the property was 16 seized, the person's attorney of record, and all persons known or reasonably believed 17 by the state to claim an interest in the property.

If some or all of those persons cannot 18 be served, a copy of the complaint must also be published at least three times in a 19 newspaper of general circulation in the district of the court having jurisdiction until the 20 forfeiture proceeding is resolved.

21 Sec.

ForfeitureDisposition proceedings.of seized property.

(a) AWithin person30 whodays claimsafter an14 interestreceipt 22of ina seizedcourt propertyorder shalldirecting filethe anreturn answerof toproperty or of notification of the complaint15 declination, acquittal, or dismissal of forfeiturecriminal withincharges, 30a dayslaw 23enforcement afteragency that 16 holds seized property shall return the dateseized ofproperty serviceto the owner of the complaint.property.

The answer17 mustcourt includemay factsextend to support the 2430-day claimant'speriod allegedupon interesta inshowing theof property.good cause.

2518 (b) JurisdictionThe andDepartment venueof forLaw aor forfeiturethe proceedinglaw areenforcement inagency that holds the same19 courtseized inproperty 26may whichpetition jurisdictionthe andcourt venueto liereturn foror thedispose criminalof matterseized relatedproperty toat theany seized20 property.time.

2721 (c)Sec. A forfeiture proceeding shall begin after the conclusion of the trial for the 28 related criminal matter in an ancillary proceeding that relates to a defendant's property 29 before the same judge and jury, if applicable, and the court, and the jury, if applicable, 30 may consider the forfeiture of property seized from other persons at the same time or 31 in a later proceeding.

If the criminal defendant in the related criminal matter is represented by a public defender, conflict counsel, or other appointed counsel for 02 indigent defendants, the chief public defender, the district public defender, or the court 03 shall authorize representation of the defendant in the forfeiture proceeding.

04 (d) Discovery conducted in an ancillary forfeiture proceeding is subject to the 05 Alaska Rules of Criminal Procedure.

06 (e) An ancillary forfeiture proceeding that relates to the forfeiture of property 07 valued at less than $20,000 shall be held before a court sitting without a jury.

08 (f) If the state fails to prove, by clear and convincing evidence, that the 09 property is subject to forfeiture, 10 (1) the forfeiture proceeding shall be dismissed and the property shall 11 be delivered to the owner, unless the owner is unknown or the owner's possession of 12 the property is illegal;

and 13 (2) the owner is not subject to any charges by the state for storage of 14 the property or expenses incurred in the preservation of the property.

15 (g) The court shall enter a judgment of forfeiture, and the seized property shall 16 be forfeited to the state, if the state proves by clear and convincing evidence that the 17 (1) property is subject to forfeiture;

18 (2) criminal prosecution of the owner of the seized property resulted in 19 a conviction;

and 20 (3) value of the property to be forfeited does not unreasonably exceed 21 the 22 (A) pecuniary gain derived or sought to be derived by the 23 offense;

24 (B) pecuniary loss caused or sought to be caused by the 25 offense;

or 26 (C) value of the convicted owner's interest in the property.

27 (h) In determining the value of property subject to forfeiture, the court may 28 consider relevant factors, including the 29 (1) fair market value of the property;

30 (2) value of the property to the defendant, including hardship that the 31 defendant will suffer if the forfeiture is realized;

and (3) hardship from the loss of a primary residence, motor vehicle, or 02 other property to the defendant's family members or others if the property is forfeited.

03 Sec.

Forfeiture of property to another state or the federal 04 government.

A law enforcement agency may transfer property in custody that is 05 subject to forfeiture to another state or federal law enforcement agency for forfeiture 06 proceedings by that agency upon approval of a court.

The court having jurisdiction 07 shall grant the approval under this section if the person is convicted of a crime with 08 elements similar to the crimes listed in AS 12.36.310 and the property 09 (1) will be retained within the jurisdiction of the court by the agency to 10 which the property is being transferred;

11 (2) is 12 (A) not needed as evidence;

or 13 (B) needed as evidence, and the property is fungible or the 14 property's evidentiary value may otherwise be preserved without retaining 15 property within the jurisdiction of the court.

16 Sec.

12.36.360.

Forfeiture of substitute property.

Following a person's 17 conviction, the state may make a motion for forfeiture of substitute property owned by 18 the person that is equal to but does not exceed the value of property that is subject to 19 forfeiture but that the state is unable to seize.

The court shall order the forfeiture of 20 substitute property only if the state proves by clear and convincing evidence that the 21 person intentionally transferred, sold, or deposited property with a third party to avoid 22 the court's jurisdiction and the forfeiture of the property, and the substitute property is 23 owned in full by the convicted person.

24 Sec.

12.36.370.

Joint and several liability prohibited.

A person is not jointly 25 and severally liable for orders for forfeiture of another person's property.

When 26 ownership of property is unclear, a court may order each person to forfeit the person's 27 property on a pro rata basis or by another means the court considers to be equitable.

28 Sec.

12.36.380.

Petition for unconstitutionally excessive forfeiture.

(a) At 29 any time following the conclusion of a forfeiture proceeding, the person whose 30 property was forfeited may petition the court to determine whether the forfeiture was 31 unconstitutionally excessive under the state or federal constitution.

(b) At a hearing on the petition, the petitioner has the burden of establishing 02 by a preponderance of the evidence that the forfeiture was disproportionate to the 03 seriousness of the criminal offense for which the person was convicted.

The hearing 04 shall be held before a court sitting without a jury.

05 (c) In determining whether the forfeiture is unconstitutionally excessive under 06 (a) of this section or disproportionate under (b) of this section, the court may consider 07 all relevant factors, including 08 (1) the seriousness of the criminal offense and of its effect on the 09 community, the duration of the criminal activity, and the harm caused by the 10 defendant;

11 (2) the extent to which the defendant participated in the offense;

12 (3) the extent to which the property was used in committing the 13 offense;

14 (4) the sentence imposed for the commission of the offense that relates 15 to the property that is subject to forfeiture;

and 16 (5) whether the criminal offense was completed or attempted.

17 (d) The court may not consider the value of the property to the state when it 18 determines whether the forfeiture of property is unconstitutionally excessive under (a) 19 of this section or disproportionate under (b) of this section.

20 Sec.

12.36.390.

Appeal.

A party to a forfeiture proceeding under this chapter 21 may appeal an order regarding the seizure, forfeiture, or distribution of property under 22 AS 22.07.020 or AS 22.15.240.

23 Sec.

12.36.400.

Forfeited property.

(a) The state acquires provisional title to 24 seized property at the time the property was seized or a restraining order was entered 25 in connection with an offense that subjects the property to forfeiture.

Provisional title 26 authorizes the state to hold and protect the property.

Title to the property vests with 27 the state when a trier of fact renders a final forfeiture verdict, and the title relates back 28 to the time when the state acquired provisional title, if the title is subject to claims by 29 third parties that are adjudicated under this chapter.

30 (b) Unless possession of the property is illegal, or a different disposition is 31 specifically provided for by law, except as provided in this section, forfeited property that is not currency shall be delivered along with any abandoned property to the state 02 treasurer for disposition at a public auction.

All forfeited currency and all sale 03 proceeds of the sale of forfeited or abandoned property shall be deposited in the 04 general fund.

05 (c) Proceeds from the sale of forfeited property received by the state from 06 another jurisdiction shall be deposited in the general fund.

If federal law prohibits 07 compliance with this section, law enforcement agencies may not seek forfeited 08 property or proceeds from the sale of forfeited property shared or transferred under 09 federal law.

10 (d) A property interest forfeited to the state under AS 12.36.300 - 12.36.490 is 11 subject to the interest of a secured party, unless, in the forfeiture proceeding, the state 12 proves by clear and convincing evidence that the secured party consented to the use of 13 the property with knowledge that it would be used in connection with the offense that 14 relates to the seizure of the property.

15 (e) When forfeiting property under AS 12.36.300 - 12.36.490, a court may 16 award to a municipal law enforcement agency that participated in the arrest or 17 conviction of the defendant, the seizure of property, or the identification of property 18 for seizure, (1) the property if the property is worth $5,000 or less and is not money or 19 some other thing that is divisible, or (2) up to 75 percent of the property or the value of 20 the property if the property is worth more than $5,000 or is money or some other thing 21 that is divisible.

In determining the percentage a municipal law enforcement agency 22 may receive under this subsection, the court shall consider the municipal law 23 enforcement agency's total involvement in the case relative to the involvement of the 24 state.

25 Sec.

12.36.410.

Innocent owner.

(a) The property of an innocent owner may 26 not be forfeited to the state.

27 (b) A person is an innocent owner if the person 28 (1) holds a legal right, title, or interest in the property seized and held 29 the ownership interest in the seized property at the time the illegal conduct that gave 30 rise to the seizure of the property occurred;

or 31 (2) was a bona fide purchaser for fair value.

(c) A person claiming to be an innocent owner has the burden to prove the 02 facts set out in (b) of this section.

03 (d) The state shall return property immediately to an established innocent 04 owner who has an interest in homesteaded property, a motor vehicle valued at less 05 than $10,000, or a conveyance that is encumbered by a security interest that was 06 perfected under state law or that is subject to a lease or rental agreement, unless the 07 secured party or lessor consented to the use of the property with knowledge that it 08 would be used for a purpose for which forfeiture is permitted.

09 (e) If a person establishes that the person is an innocent owner under this 10 section, and the state pursues a forfeiture proceeding against the person's property, the 11 state shall prove by clear and convincing evidence that the innocent owner consented 12 to the use of the property with knowledge that it would be used for a purpose for 13 which forfeiture is permitted.

14 (f) A person who acquired an ownership interest in property subject to 15 forfeiture after the commission of an offense that gave rise to the forfeiture, and who 16 claims to be an innocent owner, has the burden of production to show that the person 17 is an innocent owner under (b) of this section.

18 (g) If a person establishes that the person is an innocent owner under (f) of this 19 section, and the state pursues a forfeiture proceeding against the person's property, the 20 state shall prove by clear and convincing evidence that, at the time the person acquired 21 the property, the person had 22 (1) actual knowledge that the property was subject to forfeiture;

or 23 (2) notice of a defect in title.

24 (h) If the state fails to meet its burdens as provided in (e) and (g) of this 25 section, the court shall find that the person is an innocent owner and shall order the 26 state to relinquish all claims of title to the innocent owner's property.

27 Sec.

12.36.420.

Seized property.

(a) Seized currency alleged to be subject to 28 forfeiture shall be deposited with the clerk of the court in an interest-bearing account.

29 (b) Seized property, other than currency or real property, that is not required 30 by federal or state law to be destroyed shall be 31 (1) placed under seal and removed to a place designated by the court;

or 02 (2) held in the custody of a law enforcement agency.

03 (c) Seized property shall be kept by the custodian in a manner to protect it 04 from theft or damage and, if ordered by the district court, insured against those risks.

05 (d) A law enforcement agency may not retain forfeited or abandoned property.

06 Sec.

12.36.430.

(a) EveryBy February 1 of each year, each law 22 enforcement agency that 07initiates engageda incase forfeituresresulting in theitems previousbeing yearforfeited under 23 AS 12.36.300 - 12.36.340 shall prepare ana annualreport, reportin ofthe form required by the 0824 agency'sDepartment forfeituresof conductedPublic underSafety, ASitemizing 12.36.300property -that 12.36.490has andbeen underforfeited federalto 09that forfeiturelaw law,25 enforcement agency and transmit the report mustto include the following:Department of Public Safety.

10The (1)26 thereport totalmust numberinclude ofall seizuresitems offorfeited currencyas andthey theare totallisted amountin ofthe 11judgment. currency forfeited;

1227 (2)(b) theBy totalApril number1 of seizureseach year, the Department of propertyPublic andSafety shall compile the number28 andreports typessubmitted 13by each law enforcement agency under (a) of itemsthis forfeited;section and 29 publish an aggregate report on the department's Internet website.

1430 (3)* theSec. market value of each item of forfeited property;

15 (4) aggregate demographic information about the persons whose 16 property has been forfeited, including race, ethnicity, and sex;

and 17 (5) the total number of occurrences of each class of offenses that 18 resulted in the forfeiture of property.

19 (b) A law enforcement agency shall submit its annual report to the Department 20 of Public Safety and to the district attorney's office in the law enforcement agency's 21 district.

A law enforcement agency that did not engage in forfeiture under 22 AS 12.36.300 - 12.36.490 or federal forfeiture law, or both, shall report that fact in its 23 annual report.

24 (c) The Department of Public Safety shall compile the reports submitted by 25 each law enforcement agency and issue an aggregate report of all forfeitures in the 26 state.

27 (d) By April 1 of each year, the Department of Public Safety shall publish on 28 its Internet website the department's aggregate report and individual law enforcement 29 agency reports submitted for the previous year.

30 Sec.

12.36.440.

Holding seized property.

(a) A law enforcement agency that 31 holds seized property shall return the seized property to the owner of the property within a reasonable time that does not exceed five days after 02 (1) a court finds that a person had a bona fide security interest in the 03 property;

04 (2) a court finds that the owner is an innocent owner;

05 (3) the acquittal of or dismissal of related criminal charges against the 06 owner of the property;

or 07 (4) dismissal of the criminal charge that was the basis of the forfeiture 08 proceedings by abandonment of the prosecution.

09 (b) A law enforcement agency that holds seized property is responsible for any 10 damage, storage fees, and related costs applicable to property that is returned to an 11 owner under this section.

12 Sec.

12.36.450.

Property transfer;

joint investigations.

(a) A law 13 enforcement agency may not refer or otherwise transfer property seized under state 14 law to a federal agency seeking the adoption of the seized property by the federal 15 agency.

Nothing in this section shall be construed to prohibit the federal government, 16 or any of its agencies, from seeking federal forfeiture.

17 (b) A law enforcement agency participating in a joint investigation or task 18 force with a federal agency may not transfer property to the federal government unless 19 the court enters an order, upon petition of the prosecuting attorney, authorizing the 20 property to be transferred.

The court may enter an order authorizing a transfer to the 21 federal government if the transfer is actually necessary for an active criminal case or 22 criminal investigation brought by the federal government.

The court may enter an 23 order declining the transfer if the transfer would circumvent the protections provided 24 under AS 12.36.300 - 12.36.490 or that would otherwise be available to a putative 25 interest holder in the property.

26 (c) In the event of an intended transfer of seized property to the federal 27 government, the state or local agency intending to facilitate the transfer shall provide 28 all property owners with notice of the intended transfer at least 60 days before the 29 transfer is to take place.

30 (d) A property owner who believes that the intended transfer of property under 31 this section is in violation of (a) of this section may file a request for a hearing with the court having jurisdiction over the underlying property under AS 12.36.340(b) at 02 least five days before the date of the intended transfer as stated in the notice required 03 under (c) of this section.

04 (e) Property may not be transferred under this section until the state court 05 having jurisdiction over the underlying property under AS 12.36.340(b) determines 06 that the transfer will not circumvent the protections provided under AS 12.36.300 - 07 12.36.490 or that would otherwise be available to a putative interest holder in the 08 property and that the transfer is actually necessary for an active criminal case or 09 criminal investigation brought by the federal government.

10 (f) A transfer to the Alaska Wing, Civil Air Patrol, of a forfeited aircraft is 11 subject to the conditions specified in AS 18.60.148(a).

12 Sec.

12.36.490.

Definitions.

In AS 12.36.300 - 12.36.490, 13 (1) "abandoned property" means personal property the rights to which 14 and the control of which an owner has intentionally relinquished;

15 (2) "actual knowledge" means a direct and clear awareness of 16 information, a fact or a condition;

17 (3) "conveyance" means a motor vehicle, trailer, snowmobile, airplane, 18 vessel, or any other equipment or device used for transportation, but does not include 19 property that is stolen or taken in violation of a law;

20 (4) "conviction" or "convicted" means that a person has been found 21 guilty of an offense in a trial court, whether by a plea of guilty or nolo contendere or 22 otherwise, and whether the sentence is deferred or suspended;

23 (5) "instrumentality" means land, a building, a container, a 24 conveyance, equipment, materials, a product, a computer, computer software, a 25 telecommunications device, a firearm, ammunition, a tool, money, a security, a 26 negotiable instrument, other devices used for exchange of property, or other property 27 lawful to possess that is used in the furtherance or commission of an offense to which 28 forfeiture applies;

29 (6) "law enforcement agency" has the meaning given in AS 12.36.090;

30 (7) "law enforcement officer" 31 (A) means a state or municipal peace officer or another person granted the powers of a peace officer under state law to enforce criminal 02 statutes;

03 (B) does not mean a correctional officer;

04 (8) "owner" means a person who has a legal or equitable ownership 05 interest in property;

06 (9) "property" means tangible or intangible personal property or real 07 property;

08 (10) "property subject to forfeiture" means property or an 09 instrumentality described and declared to be subject to forfeiture under AS 12.36.300 - 10 12.36.490 or other state law;

and 11 (11) "secured party" means a person with a security or other protected 12 interest in property, whether the interest arose by mortgage, security agreement, lien, 13 lease, or otherwise, the purpose of which security or interest is to secure the payment 14 of a debt or protect a potential debt owed to the secured party.

15 * Sec.

1631 Sec.

Guns, traps, nets, 17 fishing tackle, boats, aircraft, automobiles or other vehicles, sleds, and other 1802 paraphernalia used in or in aid of a violation of this chapter or a regulation of the 1903 department may be seized under a valid search, and all fish and game, or parts of fish 2004 and game, or nests or eggs of birds, taken, transported, or possessed contrary to the 2105 provisions of this chapter or a regulation of the department shall be seized under 2206 AS 12.35.200 - 12.35.220 and AS 12.36.300 - 12.36.49012.36.350 by any peace officer 07 designated in AS 16.05.150.

Upon 23 conviction of the offender or upon judgment of the 08 court having jurisdiction that the 24 item was taken, transported, or possessed in violation 09 of this chapter or a regulation of 25 the department, all fish and game, or parts of them are 10 forfeited to the state under 26AS 12.35.200 - 12.35.220 and AS 12.36.300 - 12.36.49012.36.350 11 and shall be disposed of as directed by the court.

[IF SOLD, 27 THE PROCEEDS OF 12 THE SALE SHALL BE TRANSMITTED TO THE PROPER 28 STATE OFFICER FOR 13 DEPOSIT IN THE GENERAL FUND.] Guns, traps, nets, 29 fishing tackle, boats, 14 aircraft, or other vehicles, sleds, and other paraphernalia seized 30 under the provisions of 15 this chapter or a regulation of the department, unless forfeited 31 by order of the court, 16 shall be returned as provided under AS 12.35.200 - 12.35.220 and AS 12.36.300 - 12.36.490,17 12.36.350, after completion of the case and payment of the fine, if any.

0218 * Sec.

0319 (b) In addition, the court shall order forfeiture to the state under 0420 AS 12.35.200 - 12.35.220 and AS 12.36.300 - 12.36.49012.36.350 of any fish, or its fair market 21 value, taken or retained as a 05 result of the commission of the violation.

For purposes of 22 this subsection, it is a 06 rebuttable presumption that all fish found on board a fishing 23 vessel used in or in aid of 07 a violation, or found at the fishing site, were taken or 24 retained in violation of 08 AS 16.05.440 - 16.05.690 or a commercial fisheries regulation 25 of the Board of 09 Fisheries or the department.

It is the defendant's burden to show by a 26 preponderance of 10 the evidence that fish on board or at the site were lawfully taken and 27 retained.

1128 * Sec.

1229 (a) A person who negligently violates AS 16.05.440 - 16.05.690, or a 1330 regulation of the Board of Fisheries or the department governing commercial fishing, 1431 is guilty of a misdemeanor and in addition to punishment under other provisions in 15 this title, including AS 16.05.71016.05.195, [AS[AND] 16.05.19516.05.710, ANDand 16.05.710],the procedure required 02 under AS 12.35.200 - 12.35.220 and AS 12.36.300 - 12.36.350 is punishable upon 1603 conviction by a fine of not more than $15,000 or by imprisonment for not more than 1704 one year, or by both.

In addition, the court shall order forfeiture to the state under 1805 AS 16.05.195 and the procedure required under AS 12.35.200 - 12.35.220 and 06 AS 12.36.300 - 12.36.49012.36.350 of any fish, or its fair market value, taken or retained as a 1907 result of the commission of the violation, and the court may order forfeiture to the 2008 state of [FORFEIT] any vessel and any fishing gear under AS 16.05.195 and the 09 procedure required under AS 12.35.200 - 12.35.220 and AS 12.36.300 - 12.36.490,12.36.350, 2110 including any net, pot, tackle, or other device designed or employed to take fish 2211 commercially, that was used in or in aid of the violation.

[ANYAny FISH,fish, ORor ITSits FAIRfair 23market MARKET12 VALUE,value, FORFEITEDforfeited UNDERunder THIS SUBSECTION MAY NOT ALSO 24 BE FORFEITED UNDER AS 16.05.195.] For purposes of this subsection,subsection itmay isnot aalso 25be rebuttableforfeited presumptionunder that all fish found on board a fishing vessel used in or in aid of 26 a violation, or found at the fishing site, were taken or retained in violation of 27 AS 16.05.44016.05.195. - 16.05.690 or a commercial fisheries regulation of the Board of 28 Fisheries or the department, and it is the defendant's burden to show by a 29 preponderance of the evidence that fish on board or at the site were lawfully taken and 30 retained.

3113 *For Sec.purposes of this subsection, it is a rebuttable presumption that all fish found on 14 board a fishing vessel used in or in aid of a violation, or found at the fishing site, were 15 taken or retained in violation of AS 16.05.440 - 16.05.690 or a commercial fisheries 16 regulation of the Board of Fisheries or the department, and it is the defendant's burden 17 to show by a preponderance of the evidence that fish on board or at the site were 18 lawfully taken and retained.

19 * Sec.

20 (b) In addition to the penalty imposed by law under (a) of this section, the 0221 court shall order forfeiture to the state under AS 16.05.195 and the procedure 22 required under AS 12.35.200 - 12.35.220 and AS 12.36.300 - 12.36.49012.36.350 of the hide 0323 and skull of the bear, but if the hide and skull are not salvaged and delivered to the 0424 department then the court shall impose an additional fine of up to $10,000.

0525 * Sec.

0626 (c) A person who violates this section is guilty of a misdemeanor, and upon 0727 conviction is punishable by a fine of not more than $5,000, or by imprisonment for not 0828 more than one year, or by both.

In addition, the court may order the aircraft and 0929 equipment used in or in aid of a violation of this section to be forfeited to the state 1030 under AS 16.05.195 and the procedure required under AS 12.35.200 - 12.35.220 31 and AS 12.36.300 - 12.36.490.12.36.350.

11 * Sec.

1202 (b) An alien person who violates (a) of this section is guilty of a misdemeanor, 1303 and upon conviction is punishable by a confiscation and forfeiture to the state under 1404 AS 16.05.195 and the procedure required under AS 12.35.200 - 12.35.220 and 05 AS 12.36.300 - 12.36.49012.36.350 of the fishing vessel used in the violation, or by 1506 imprisonment for not more than one year, or by fine of not more than $10,000, or by 1607 all or any two of the foregoing punishments.

1708 * Sec.

1809 (g) A person who violates the provisions of AS 16.43.140(a) is 1910 (1) upon a first conviction, guilty of a class B misdemeanor and may 2011 be sentenced to a definite term of imprisonment of not more than 90 days, or forfeiture 2112 to the state under AS 16.05.195 and the procedure required under AS 12.35.200 - 13 12.35.220 and AS 12.36.300 - 12.36.49012.36.350 of the person's fishing vessel, or both, 22 and 14 shall be sentenced to a fine of not less than $5,000 nor more than $10,000 and loss 23 of 15 commercial fishing privileges under (i) of this section;

2416 (2) upon a second conviction, guilty of a class A misdemeanor and 2517 may be sentenced to a definite term of imprisonment of not more than one year, and 2618 shall be sentenced to a fine of not less than $10,000 nor more than $20,000, forfeiture 2719 to the state under AS 16.05.195 and the procedure required under AS 12.35.200 - 20 12.35.220 and AS 12.36.300 - 12.36.49012.36.350 of the person's fishing vessel, and loss of 2821 commercial fishing privileges under (i) of this section;

2922 (3) upon a third or subsequent conviction, guilty of a class A 3023 misdemeanor and may be sentenced to a definite term of imprisonment of not more 3124 than one year, and shall be sentenced to a fine of not less than $20,000 nor more than 25 $50,000, forfeiture to the state under AS 16.05.195 and the procedure required 26 under AS 12.35.200 - 12.35.220 and AS 12.36.300 - 12.36.49012.36.350 of the person's 02 fishing 27 vessel, and loss of commercial fishing privileges under (i) of this section.

0328 * Sec.

0429 Sec.

The following may be forfeited to 0530 the state under AS 12.35.200 - 12.35.220 and AS 12.36.300 - 12.36.490:12.36.350:

0631 (1) a controlled substance that has been manufactured, distributed, 07 dispensed, acquired, or possessed in violation of this chapter or AS 11.71;

0802 (2) raw materials, products, and equipment that are used or intended 0903 for use in manufacturing, distributing, compounding, processing, delivering, 1004 importing, or exporting a controlled substance that is a felony under this chapter or 1105 AS 11.71;

1206 (3) property that is used or intended for use as a container for property 1307 described in (1) or (2) of this section;

1408 (4) a conveyance, including but not limited to aircraft, vehicles, or 1509 vessels, that has been used or is intended for use in transporting or in any manner in 1610 facilitating the transportation, sale, receipt, possession, or concealment of property 1711 described in (1) or (2) of this section in violation of a felony offense under this chapter 1812 or AS 11.71;

however, 1913 (A) a conveyance may not be forfeited under this paragraph if 2014 the owner of the conveyance establishes, by a preponderance of the evidence, 2115 at a hearing before the court as the trier of fact, that use of the conveyance in 2216 violation of this chapter or AS 11.71 was committed by another person and 2317 that the owner was neither a consenting party nor privy to the violation;

2418 (B) a forfeiture of a conveyance encumbered by a valid security 2519 interest at the time of seizure is subject to the interest of the secured party if the 2620 secured party establishes, by a preponderance of the evidence, at a hearing 2721 before the court as the trier of fact, that use of the conveyance in violation of 2822 this chapter or AS 11.71 was committed by another person and that the secured 2923 party was neither a consenting party nor privy to the violation;

3024 (5) books, records, and research products and materials, including 3125 formulas, microfilm, tapes, and data, that are used in violation of this chapter or 26 AS 11.71;

0227 (6) money, securities, negotiable instruments, or other things of value 0328 used in financial transactions derived from activity prohibited by this chapter or 0429 AS 11.71;

and 0530 (7) a firearm that is visible, carried during, or used in furtherance of a 0631 violation of this chapter or AS 11.71.

07 * Sec.

0802 (a) A transfer to the Alaska Wing, Civil Air Patrol, of a forfeited aircraft under 0903 AS 12.36.30016.05.195(f), AS 17.30.122, the procedure required under AS 12.35.200 - 12.36.49004 [AS12.35.220 16.05.195(f),and AS 17.30.122,]12.36.300 - 12.36.350, or another state law or 10 regulation is subject 05 to the following conditions:

1106 (1) the transfer shall be made without cost to the Civil Air Patrol;

1207 (2) the aircraft becomes a corporate Civil Air Patrol aircraft;

1308 (3) the aircraft may only be used for Civil Air Patrol search and rescue, 1409 civil defense, and training purposes;

1510 (4) the aircraft may not be transferred to another wing of the Civil Air 1611 Patrol unless 1712 (A) the aircraft has been corporate aircraft of the Alaska Wing, 1813 Civil Air Patrol for at least 36 months after the date of transfer to the Alaska 1914 Wing;

or 2015 (B) the aircraft is being exchanged for another Civil Air Patrol 2116 corporate aircraft of equivalent or greater value;

2217 (5) if the Civil Air Patrol determines that the aircraft should be 2318 disposed of as surplus property, the disposition shall first be approved by the 2419 Department of Administration.

2520 * Sec.

2621 (a) The court of appeals has appellate jurisdiction in actions and proceedings 2722 commenced in the superior court involving 2823 (1) criminal prosecution;

2924 (2) post-conviction relief;

3025 (3) matters under AS 47.12, including waiver of jurisdiction over a 3126 minor under AS 47.12.100;

27 (4) extradition;

0228 (5) habeas corpus;

0329 (6) probation and parole;

[AND] 0430 (7) bail;

0531 (8) forfeiture proceedings under AS 12.35.200 - 12.35.220 and AS 12.36.300 - 12.36.490.12.36.350.

0602 * Sec.

0703 (e) Any party may appeal to the superior court a judgment of the district court 0804 in a forfeiture proceeding under AS 12.35.200 - 12.35.220 and AS 12.36.300 - 12.36.490.05 12.36.350.

0906 * Sec.

1007 (b) Except as provided under (n) of this section, driving while under the 1108 influence of an alcoholic beverage, inhalant, or controlled substance is a class A 1209 misdemeanor.

Upon conviction, 1310 (1) the court shall impose a minimum sentence of imprisonment of 1411 (A) not less than 72 consecutive hours, require the person to 1512 use an ignition interlock device after the person regains the privilege, including 1613 any limited privilege, to operate a motor vehicle for a minimum of six months, 1714 and impose a fine of not less than $1,500 if the person has not been previously 1815 convicted;

1916 (B) not less than 20 days, require the person to use an ignition 2017 interlock device after the person regains the privilege, including any limited 2118 privilege, to operate a motor vehicle for a minimum of 12 months, and impose 2219 a fine of not less than $3,000 if the person has been previously convicted once;

2320 (C) not less than 60 days, require the person to use an ignition 2421 interlock device after the person regains the privilege, including any limited 2522 privilege, to operate a motor vehicle for a minimum of 18 months, and impose 2623 a fine of not less than $4,000 if the person has been previously convicted twice 2724 and is not subject to punishment under (n) of this section;

2825 (D) not less than 120 days, require the person to use an ignition 2926 interlock device after the person regains the privilege, including any limited 3027 privilege, to operate a motor vehicle for a minimum of 24 months, and impose 3128 a fine of not less than $5,000 if the person has been previously convicted three 29 times and is not subject to punishment under (n) of this section;

0230 (E) not less than 240 days, require the person to use an ignition 0331 interlock device after the person regains the privilege, including any limited 04 privilege, to operate a motor vehicle for a minimum of 30 months, and impose 0502 a fine of not less than $6,000 if the person has been previously convicted four 0603 times and is not subject to punishment under (n) of this section;

0704 (F) not less than 360 days, require the person to use an ignition 0805 interlock device after the person regains the privilege, including any limited 0906 privilege, to operate a motor vehicle for a minimum of 36 months, and impose 1007 a fine of not less than $7,000 if the person has been previously convicted more 1108 than four times and is not subject to punishment under (n) of this section;

1209 (2) the court may not 1310 (A) suspend execution of sentence or grant probation except on 1411 condition that the person 1512 (i) serve the minimum imprisonment under (1) of this 1613 subsection;

1714 (ii) pay the minimum fine required under (1) of this 1815 subsection;

1916 (B) suspend imposition of sentence;

or 2017 (C) suspend the requirement for an ignition interlock device for 2118 a violation of (a)(1) of this section involving an alcoholic beverage or 2219 intoxicating liquor, singly or in combination, or a violation of (a)(2) of this 2320 section;

2421 (3) the court shall revoke the person's driver's license, privilege to 2522 drive, or privilege to obtain a license under AS 28.15.181, and may order that the 2623 motor vehicle, aircraft, or watercraft that was used in commission of the offense be 2724 forfeited under AS 12.36.30028.35.036 and the procedure required under AS 12.35.200 - 12.36.49025 [AS12.35.220 28.35.036];and AS 12.36.300 - 12.36.350;

and 2826 (4) the court may order that the person, while incarcerated or as a 2927 condition of probation or parole, take a drug or combination of drugs intended to 3028 prevent the consumption of an alcoholic beverage;

a condition of probation or parole 3129 imposed under this paragraph is in addition to any other condition authorized under 30 another provision of law.

0231 * Sec.

03 (n) A person is guilty of a class C felony if the person is convicted under (a) of 0402 this section and either has been previously convicted two or more times since 0503 January 1, 1996, and within the 10 years preceding the date of the present offense, or 0604 punishment under this subsection or under AS 28.35.032(p) was previously imposed 0705 within the last 10 years.

For purposes of determining minimum sentences based on 0806 previous convictions, the provisions of (u)(4) of this section apply.

Upon conviction, 0907 the court 1008 (1) shall impose a fine of not less than $10,000, require the person to 1109 use an ignition interlock device after the person regains the privilege to operate a 1210 motor vehicle for a minimum of 60 months, and impose a minimum sentence of 1311 imprisonment of not less than 1412 (A) 120 days if the person has been previously convicted twice;

1513 (B) 240 days if the person has been previously convicted three 1614 times;

1715 (C) 360 days if the person has been previously convicted four 1816 or more times;

1917 (2) may not 2018 (A) suspend execution of sentence or grant probation except on 2119 condition that the person 2220 (i) serve the minimum imprisonment under (1) of this 2321 subsection;

24 (ii) pay the minimum fine required under (1) of this 25 subsection;

26 (B) suspend imposition of sentence;

or 27 (C) suspend the requirement for an ignition interlock device for 28 a violation of (a)(1) of this section involving an alcoholic beverage or 29 intoxicating liquor, singly or in combination, or a violation of (a)(2) of this 30 section;

31 (3) shall permanently revoke the person's driver's license, privilege to drive, or privilege to obtain a license subject to restoration of the license under (o) of 02 this section;

03 (4) may order that the person, while incarcerated or as a condition of 04 probation or parole, take a drug or combination of drugs intended to prevent the 05 consumption of an alcoholic beverage;

a condition of probation or parole imposed 06 under this paragraph is in addition to any other condition authorized under another 07 provision of law;

08 (5) shall order forfeiture under AS 12.36.300 - 12.36.490 09 [AS 28.35.036] of the vehicle, watercraft, or aircraft used in the commission of the 10 offense [, SUBJECT TO REMISSION UNDER AS 28.35.037];

and 11 (6) shall order the department to revoke the registration for any vehicle 12 registered by the department in the name of the person convicted under this 13 subsection;

if a person convicted under this subsection is a registered co-owner of a 14 vehicle or is registered as a co-owner under a business name, the department shall 15 reissue the vehicle registration and omit the name of the person convicted under this 16 subsection.

17 * Sec.

26.

AS 28.35.032(g) is amended to read:

18 (g) Upon conviction under this section, 19 (1) the court shall impose a minimum sentence of imprisonment of 20 (A) not less than 72 consecutive hours, require the person to 21 use an ignition interlock device after the person regains the privilege to operate 22 a motor vehicle for a minimum of six months, and impose a fine of not less 23 than $1,500 if the person has not been previously convicted;

24 (B) not less than 20 days, require the person to use an ignition 25 interlock device after the person regains the privilege to operate a motor 26 vehicle for a minimum of 12 months, and impose a fine of not less than $3,000 27 if the person has been previously convicted once;

28 (C) not less than 60 days, require the person to use an ignition 29 interlock device after the person regains the privilege to operate a motor 30 vehicle for a minimum of 18 months, and impose a fine of not less than $4,000 31 if the person has been previously convicted twice and is not subject to punishment under (p) of this section;

02 (D) not less than 120 days, require the person to use an ignition 03 interlock device after the person regains the privilege to operate a motor 04 vehicle for a minimum of 24 months, and impose a fine of not less than $5,000 05 if the person has been previously convicted three times and is not subject to 06 punishment under (p) of this section;

07 (E) not less than 240 days, require the person to use an ignition 08 interlock device after the person regains the privilege to operate a motor 09 vehicle for a minimum of 30 months, and impose a fine of not less than $6,000 10 if the person has been previously convicted four times and is not subject to 11 punishment under (p) of this section;

12 (F) not less than 360 days, require the person to use an ignition 13 interlock device after the person regains the privilege to operate a motor 14 vehicle for a minimum of 36 months, and impose a fine of not less than $7,000 15 if the person has been previously convicted more than four times and is not 16 subject to punishment under (p) of this section;

17 (2) the court may not 18 (A) suspend execution of the sentence required by (1) of this 19 subsection or grant probation, except on condition that the person 20 (i) serve the minimum imprisonment under (1) of this 21 subsection;

or 25 (C) suspend the requirement for an ignition interlock device;device for 26 a violation of (a)(1) of this section involving an alcoholic beverage or 27 intoxicating liquor, singly or in combination, or a violation of (a)(2) of this 28 section;

2629 (3) the court shall permanently revoke the person's driver's license, privilege to 2730 drive, or privilege to obtain a license undersubject ASto 28.15.181,restoration and may order that the 28 motor vehicle, aircraft, or watercraft that was used in commission of the offenselicense be 29 forfeited under AS(o) 12.36.300of -31 12.36.490this [ASsection; 28.35.036];

(4) may order that the person, while incarcerated or as a condition of 02 probation or parole, take a drug or combination of drugs intended to prevent the 03 consumption of an alcoholic beverage;

a condition of probation or parole imposed 04 under this paragraph is in addition to any other condition authorized under another 05 provision of law;

06 (5) shall order forfeiture under AS 28.35.036 and the procedure 07 required under AS 12.35.200 - 12.35.220 and AS 12.36.300 - 12.36.350 of the 08 vehicle, watercraft, or aircraft used in the commission of the offense, subject to 09 remission under AS 28.35.037;

and 10 (6) shall order the department to revoke the registration for any vehicle 11 registered by the department in the name of the person convicted under this 12 subsection;

if a person convicted under this subsection is a registered co-owner of a 13 vehicle or is registered as a co-owner under a business name, the department shall 14 reissue the vehicle registration and omit the name of the person convicted under this 15 subsection.

16 * Sec.

26.

AS 28.35.032(g) is amended to read:

17 (g) Upon conviction under this section, 18 (1) the court shall impose a minimum sentence of imprisonment of 19 (A) not less than 72 consecutive hours, require the person to 20 use an ignition interlock device after the person regains the privilege to operate 21 a motor vehicle for a minimum of six months, and impose a fine of not less 22 than $1,500 if the person has not been previously convicted;

23 (B) not less than 20 days, require the person to use an ignition 24 interlock device after the person regains the privilege to operate a motor 25 vehicle for a minimum of 12 months, and impose a fine of not less than $3,000 26 if the person has been previously convicted once;

27 (C) not less than 60 days, require the person to use an ignition 28 interlock device after the person regains the privilege to operate a motor 29 vehicle for a minimum of 18 months, and impose a fine of not less than $4,000 30 if the person has been previously convicted twice and is not subject to 31 punishment under (p) of this section;

(D) not less than 120 days, require the person to use an ignition 02 interlock device after the person regains the privilege to operate a motor 03 vehicle for a minimum of 24 months, and impose a fine of not less than $5,000 04 if the person has been previously convicted three times and is not subject to 05 punishment under (p) of this section;

06 (E) not less than 240 days, require the person to use an ignition 07 interlock device after the person regains the privilege to operate a motor 08 vehicle for a minimum of 30 months, and impose a fine of not less than $6,000 09 if the person has been previously convicted four times and is not subject to 10 punishment under (p) of this section;

11 (F) not less than 360 days, require the person to use an ignition 12 interlock device after the person regains the privilege to operate a motor 13 vehicle for a minimum of 36 months, and impose a fine of not less than $7,000 14 if the person has been previously convicted more than four times and is not 15 subject to punishment under (p) of this section;

16 (2) the court may not 17 (A) suspend execution of the sentence required by (1) of this 18 subsection or grant probation, except on condition that the person 19 (i) serve the minimum imprisonment under (1) of this 20 subsection;

21 (ii) pay the minimum fine required under (1) of this 22 subsection;

23 (B) suspend imposition of sentence;

or 24 (C) suspend the requirement for an ignition interlock device;

25 (3) the court shall revoke the person's driver's license, privilege to 26 drive, or privilege to obtain a license under AS 28.15.181, and may order that the 27 motor vehicle, aircraft, or watercraft that was used in commission of the offense be 28 forfeited under AS 28.35.036 and the procedure required under AS 12.35.200 - 29 12.35.220 and AS 12.36.300 - 12.36.350;

10 (6) the court shall order forfeiture tounder AS 28.35.036 and the state11 procedure required under AS 12.36.30012.35.200 - 1112.35.220 12.36.490and [UNDER AS 28.35.036,]12.36.300 - 12.36.350 12 [,] of the motor vehicle, aircraft, or watercraft used 12 in the commission of the offenseoffense, [,13 SUBJECTsubject TOto REMISSIONremission UNDERunder 13 AS 28.35.037];28.35.037;

Cigarettes 21 seized under AS 43.50.500 - 43.50.700 are forfeited to the state under this chapter 22 and the procedure required under AS 12.35.200 - 12.35.220 and AS 12.36.300 - 2223 12.36.490.12.36.350.

After notice and an opportunity for a hearing, the commissioner shall 2324 destroy the cigarettes forfeited under this section.

2425 * Sec.

2526 (a) Upon a showing of probable cause that a person has committed the crime 2627 of misconduct involving unstamped cigarettes or stamps in the first degree under 2728 AS 43.50.640, the following are subject to forfeiture to the state under this chapter 29 and the procedure required under AS 12.36.30012.35.200 28- 12.35.220 and AS 12.36.300 - 12.36.490:30 12.36.350:

2931 (1) material and equipment used in the manufacture, sale, offering for 30 sale, or possession for sale of cigarettes in this state in violation of AS 43.50.500 - 3102 43.50.640 or 43.50.660 - 43.50.700;

03 (2) aircraft, vehicles, or vessels used to transport or facilitate the 0204 transportation of cigarettes manufactured, sold, offered for sale, or possessed for sale 0305 in this state in violation of AS 43.50.500 - 43.50.640 or 43.50.660 - 43.50.700;

0406 (3) money, securities, negotiable instruments, or other things of value 0507 used in financial transactions derived from activity prohibited under AS 43.50.500 - 0608 43.50.640 or 43.50.660 - 43.50.700.

0709 * Sec.

0810 (d) Property subject to forfeiture under (a) of this section may be forfeited to 0911 the state under this chapter and the procedure required under AS 12.36.30012.35.200 - 12.36.49012 1012.35.220 [(1)and UPONAS CONVICTION12.36.300 OF- A12.36.350 PERSON13 FOR(1) Aupon VIOLATIONconviction OFof 11a person for a violation of AS 43.50.640;

ORor 1214 (2) UPONupon JUDGMENTjudgment BYby THEthe SUPERIORsuperior COURTcourt INin Aa 13proceeding PROCEEDINGin INrem REMthat THATthe THE15 PROPERTYproperty WASwas USEDused INin Aa MANNERmanner 14subjecting SUBJECTINGit ITto TOforfeiture FORFEITUREunder UNDER (a) OFof THISthis SECTION].section.

1516 * Sec.

AS 04.16.220(c),12.36.050 04.16.220(d),is 04.16.220(e),repealed. 04.16.220(f), 04.16.220(g), 16 04.16.220(h), 04.16.220(i), 04.16.220(j), 04.16.220(k);

AS17 11.73.060(b);* Sec.

AS 12.36.050;

17 AS 12.55.015(a)(9), 12.55.015(a)(11), 12.55.015(f);

AS 16.05.195;

AS 17.30.112, 17.30.114, 18 17.30.116, 17.30.118, 17.30.120, 17.30.122, 17.30.124, 17.30.126;

AS 28.35.036, 28.35.037;

19 AS 43.50.625(b), 43.50.625(c), 43.50.625(e), 43.50.625(f), 43.50.625(g), 43.50.625(h), 20 43.50.625(i), and 43.50.625(j) are repealed.

21 * Sec.

The uncodified law of the State of Alaska is amended by adding a new section to 2218 read:

2319 INDIRECTAPPLICABILITY. COURT RULE AMENDMENTS.

TheThis provisionsAct ofapplies ASto 12.36.300forfeitures -occurring 24on 12.36.490,or addedafter bythe sec.effective 20 date of this Act.

1221 of* thisSec. Act, have the effect of changing Rules 3, 4, 11, 12, 16, 32, 25 32.2, 32.3, 39, 39.1, and 42, Alaska Rules of Criminal Procedure, Rules 501, 801, and 803, 26 Alaska Rules of Evidence, and Rules 202, 209, and 217, Alaska Rules of Appellate 27 Procedure, by establishing requirements for forfeiture proceedings and appeals and relating to 28 admissible evidence in those proceedings and appeals.

29 * Sec.

The uncodified law of the State of Alaska is amended by adding a new section to 30 read:

31 APPLICABILITY.

This Act applies to offenses, seizures, or forfeitures occurring on or after the effective date of this Act.

02 * Sec.

34.

The uncodified law of the State of Alaska is amended by adding a new section to 03 read:

04 CONDITIONAL EFFECT.

This Act takes effect only if sec.

32 of this Act receives 05 the two-thirds majority vote of each house required by art.

IV, sec.

15, Constitution of the 06 State of Alaska.

07 * Sec.

35.