CSSB 110(JUD): "An Act relating to the authority of the victims' advocate to request a hearing for the release to a crime victim under certain conditions of certain property in the custody of a law enforcement agency."
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.