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CSSB 297(JUD): "An Act providing for the release of certain property in the custody of a law enforcement agency to the owner under certain conditions."

00 CS FOR SENATE BILL NO. 297(JUD) 01 "An Act providing for the release of certain property in the custody of a law 02 enforcement 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) Within 10 days after receipt of a request under (a) of this section and 09 following reasonable notice to the prosecution, defense, and other interested parties, 10 the agency shall request a hearing before the court to determine if the property shall be 11 released to the owner. 12 (c) After a hearing, the court may order the return of the property in the 13 custody of a law enforcement agency to the owner if 14 (1) the owner provides satisfactory proof of ownership; and

01 (2) the law enforcement agency fails to prove that the agency or 02 another interested party is authorized to retain possession of the property. 03 (d) The court may impose reasonable conditions on an owner claiming 04 property under this section.