HB 397: "An Act providing for the release of property in the custody of a law enforcement agency to the owner under certain conditions."
00 HOUSE BILL NO. 397 01 "An Act providing for the release of property in the custody of a law enforcement 02 agency to the owner under certain conditions." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 12.36 is amended by adding a new section to read: 05 Sec. 12.36.070. Return of property by hearing. (a) The owner of property 06 not belonging to a law enforcement agency that is in the custody of the agency under 07 this chapter may request that the agency return the property to the owner. 08 (b) On receipt of a request under (a) of this section, the agency shall request a 09 hearing before the court to determine if the property shall be released to the owner. 10 (c) After a hearing, the court shall order the return of the property in the 11 custody of a law enforcement agency to the owner if 12 (1) the owner provides satisfactory proof of ownership; and 13 (2) the law enforcement agency fails to prove that the agency is 14 authorized to retain possession of the property.
01 (d) The court may impose reasonable conditions on an owner receiving 02 property under this section.