00                       CS FOR SENATE BILL NO. 110(JUD)                                                                   
01 "An Act relating to the authority of the victims' advocate to request a hearing for the                                 
02 release to a crime victim under certain conditions of certain property in the custody of a                              
03 law enforcement agency."                                                                                                
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1. AS 12.36.070 is amended by adding a new subsection to read:                                           
06            (f)  If the agency fails to act on a request under (a) of this section within the                            
07       deadline set in (b) of this section, the victims' advocate may request a hearing under                            
08       (b) of this section. If the victims' advocate requests a hearing under this subsection, the                       
09       role of the victims' advocate in the hearing is limited to advocating for the return of the                       
10       victim's property; the victims' advocate may not participate in the case as a party or an                         
11       intervenor unless the court orders otherwise.                                                                     
12    * Sec. 2. AS 24.65.115 is amended to read:                                                                         
13            Sec. 24.65.115. Authority to request return of property on behalf of                                       
14       certain persons. (a) Notwithstanding another provision of this chapter, the victims'                          
01       advocate may                                                                                                      
02                 (1)  file a request under AS 12.36.070 with a law enforcement agency                                
03       for the return of property to a crime victim after having conducted an investigation and                          
04       determining that the crime victim is entitled to the return of the property under the                             
05       factors listed in AS 12.36.070(c);                                                                            
06                 (2)  request a hearing under AS 12.36.070(f).                                                       
07            (b)  In fulfilling the requirements of this section, the victims' advocate may use                       
08       any of the powers granted to the advocate under this chapter.