CSHB 295(2D JUD): "An Act relating to forfeitures of property; and relating to the custody and disposition of property in the custody of municipal law enforcement agencies."
00CS FOR HOUSE BILL NO. 295(2d JUD) 01 "An Act relating to forfeitures of property; and relating to the custody and 02 disposition of property in the custody of municipal law enforcement agencies." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 12.36.020(a) is amended to read: 05 (a) A law enforcement agency may 06 (1) not return property in its custody to the owner or the agent of the 07 owner if 08 (A) [(1)] the property is [NOT] in custody in connection with 09 a children's court proceeding, a criminal proceeding, or an official investigation 10 of a crime; or 11 (B) [AND (2)] the property in custody is [NOT] subject to 12 forfeiture under the laws of the 13 (i) state; or 14 (ii) United States, and the United States has
01 commenced forfeiture proceedings against the property or has 02 requested the transfer of the property for the commencement of 03 forfeiture proceedings; and 04 (2) with the approval of the court, transfer the property to another 05 state or federal law enforcement agency for forfeiture proceedings by that agency; 06 the court having jurisdiction shall grant the approval under this paragraph if the 07 property 08 (A) will be retained within the jurisdiction of the court by 09 the agency to which the property is being transferred; or 10 (B) is 11 (i) not needed as evidence; or 12 (ii) needed as evidence, and the property is fungible 13 or the property's evidentiary value can otherwise be preserved 14 without retaining the property within the jurisdiction of the court. 15 * Sec. 2. AS 12.36.030 is amended by adding a new subsection to read: 16 (c) This section does not apply to property that comes into the custody of a 17 law enforcement agency of a municipality if the municipality has adopted an ordinance 18 providing for the custody and disposition of the property and if the ordinance requires 19 that 20 (1) property held or collected as evidence in a children's court 21 proceeding, a criminal proceeding, or an official investigation of a crime is to be held 22 until at least 30 days after final disposition of the case to which the evidence pertains; 23 and 24 (2) the municipality make reasonable attempts to identify and locate the 25 owner of the property that is unclaimed. 26 * Sec. 3. AS 12.36.040 is amended by adding a new subsection to read: 27 (b) This section does not apply to property that comes into the custody of a 28 law enforcement agency of a municipality that has adopted an ordinance providing for 29 the custody and disposition of property that meets the requirements specified in 30 AS 12.36.030(c). 31 * Sec. 4. AS 12.36.060(a) is amended to read:
01 (a) A deadly weapon forfeited to the state under AS 12.55.015(a)(9), unless 02 remitted under AS 12.36.050, shall be disposed of by the commissioner of public 03 safety under this section. The commissioner of public safety may declare a weapon 04 surplus and transfer it to the commissioner of administration. A weapon suitable for 05 law enforcement purposes, ballistics testing, training, or identification may be retained 06 by the Department of Public Safety or transferred to the municipal law enforcement 07 agency making the arrest that led to the forfeiture. A weapon that is unsafe or 08 unlawful shall be destroyed. 09 * Sec. 5. AS 12.55.015(a) is amended to read: 10 (a) Except as limited by AS 12.55.125 - 12.55.175, the court, in imposing 11 sentence on a defendant convicted of an offense, may singly or in combination 12 (1) impose a 13 (A) fine when authorized by law and as provided in 14 AS 12.55.035; or 15 (B) [A] day fine when authorized by law and as provided in 16 AS 12.55.036, if the court does not impose a term of periodic or continuous 17 imprisonment or place the defendant on probation; 18 (2) order the defendant to be placed on probation under conditions 19 specified by the court that may include provision for active supervision; 20 (3) impose a definite term of periodic imprisonment; 21 (4) impose a definite term of continuous imprisonment; 22 (5) order the defendant to make restitution under AS 12.55.045; 23 (6) order the defendant to carry out a continuous or periodic program of 24 community work under AS 12.55.055; 25 (7) suspend execution of all or a portion of the sentence imposed under 26 AS 12.55.080; 27 (8) suspend imposition of sentence under AS 12.55.085; 28 (9) order the forfeiture to the commissioner of public safety or a 29 municipal law enforcement agency of a deadly weapon that was in the actual 30 possession of or used by the defendant during the commission of an offense described 31 in AS 11.41, AS 11.46, AS 11.56, or AS 11.61;
01 (10) order the defendant, while incarcerated, to participate in or comply 02 with the treatment plan of a rehabilitation program that is related to the defendant's 03 offense or to the defendant's rehabilitation if the program is made available to the 04 defendant by the Department of Corrections. 05 * Sec. 6. AS 12.55.015(c) is amended to read: 06 (c) In addition to the penalties authorized by this section, the court may invoke 07 any authority conferred by law to order a forfeiture of property, suspend or revoke a 08 license, remove a person from office, or impose any other civil penalty. When 09 forfeiting property under this subsection, a court may award to a municipal law 10 enforcement agency that participated in the arrest or conviction of the defendant, 11 the seizure of property, or the identification of property for seizure, (1) the property 12 if the property is worth $5,000 or less and is not money or some other thing that 13 is divisible, (2) up to 75 percent of the property or the value of the property if the 14 property is worth more than $5,000 or is money or some other thing that is 15 divisible. In determining the percentage a municipal law enforcement agency may 16 receive under this subsection, the court shall consider the municipal law 17 enforcement agency's total involvement in the case relative to the involvement of the 18 state. 19 * Sec. 7. AS 17.30.112 is amended by adding a new subsection to read: 20 (c) When forfeiting property under (a) of this section, a court may award to a 21 municipal law enforcement agency that participated in the arrest or conviction of the 22 defendant, the seizure of property, or the identification of property for seizure, (1) the 23 property if the property is worth $5,000 or less and is not money or some other thing 24 that is divisible, (2) up to 75 percent of the property or the value of the property if the 25 property is worth more than $5,000 or is money or some other thing that is divisible. 26 In determining the percentage a municipal law enforcement agency may receive under 27 this subsection, the court shall consider the municipal law enforcement agency's total 28 involvement in the case relative to the involvement of the state. 29 * Sec. 8. AS 17.30.114(b) is amended to read: 30 (b) Property taken or detained under (a) of this section shall be held in the 31 custody of either the commissioner of public safety or a municipal law enforcement
01 agency authorized by the commissioner of public safety to retain custody of property 02 listed in AS 17.30.110 subject only to the orders and decrees of the court having 03 jurisdiction over any forfeiture proceedings. If property is seized under this chapter, the 04 commissioner of public safety or an authorized municipal law enforcement agency may 05 (1) place the property under seal; 06 (2) remove the property to a place designated by the court; [OR] 07 (3) take custody of the property and remove it to an appropriate location 08 for disposition in accordance with law; or 09 (4) with court approval, transfer the property to another state or 10 federal law enforcement agency for forfeiture proceedings by that agency; the court 11 having jurisdiction shall grant the approval under this paragraph if the property 12 (A) will be retained within the jurisdiction of the court by the 13 agency to which the property is being transferred; or 14 (B) is 15 (i) not needed as evidence; or 16 (ii) needed as evidence, and the property is fungible or 17 the property's evidentiary value can otherwise be preserved without 18 retaining the property within the jurisdiction of the court. 19 * Sec. 9. AS 34.45.230 is amended to read: 20 Sec. 34.45.230. PROPERTY HELD BY COURTS AND PUBLIC AGENCIES. 21 Except as provided by AS 34.45.720(d), intangible [INTANGIBLE] property held for 22 the owner by a court, state, municipality or other government, governmental subdivision, 23 or agency, public corporation, or public authority, that remains unclaimed by the owner 24 for more than one year after becoming payable or distributable, is presumed abandoned. 25 * Sec. 10. AS 34.45.720 is amended by adding a new subsection to read: 26 (d) Checks, drafts, currency, and tangible property that are found and turned over 27 to, or found and recovered by, a law enforcement agency of a municipality are not 28 subject to AS 34.45.110 - 34.45.780 if the municipality has adopted an ordinance 29 providing for the custody and disposition of the property.