00                      CS FOR SENATE BILL NO. 30(STA)                                                                    
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 and relating to requests for                                   
03 that release by the office of victims' rights."                                                                         
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1. AS 12.36 is amended by adding a new section to read:                                                  
06            Sec. 12.36.070. Return of property by hearing. (a) The owner of property                                   
07       not belonging to a law enforcement agency that is in the custody of the agency under                              
08       this chapter may request that the office of victims' rights request that the agency return                        
09       the property to the owner. The request under this subsection shall be filed by the office                         
10       of victims' rights on behalf of the owner after the office has conducted an investigation                         
11       and has concluded that the owner is entitled to the return of the property under the                              
12       factors listed in (c) of this section.                                                                            
13            (b)  Within 10 days after receipt of a request under (a) of this section and                                 
14       following reasonable notice to the prosecution, defense, and other interested parties,                            

01       the agency shall request a hearing before the court to determine if the property shall be                         
02       released to the owner. If the property is being held in connection with a criminal case,                          
03       the hearing shall be before the court with jurisdiction of the criminal case. If no                               
04       criminal case is pending regarding the property, the hearing shall be before a district or                        
05       superior court where the property is located.                                                                     
06            (c)  After a hearing, the court may order the return of the property in the                                  
07       custody of a law enforcement agency to the owner if                                                               
08                 (1)  the owner by a preponderance of the evidence provides satisfactory                                 
09       proof of ownership; and                                                                                           
10                 (2)  the law enforcement agency fails to prove by a preponderance of                                    
11       the evidence that the agency or another interested party is authorized to retain                                  
12       possession of the property.                                                                                       
13            (d)  The court may impose reasonable conditions on an owner claiming                                         
14       property under this section.                                                                                      
15    * Sec. 2. AS 24.65 is amended by adding a new section to read:                                                     
16            Sec. 24.65.115. Authority to request return of property on behalf of                                       
17       certain persons. (a) Notwithstanding another provision of this chapter, the victims'                            
18       advocate may file a request under AS 12.36.070 with a law enforcement agency for                                  
19       the return of property to an owner after having conducted an investigation and                                    
20       determining that the owner is entitled to the return of the property under the factors                            
21       listed in AS 12.36.070(c). In fulfilling the requirements of this section, the victims'                           
22       advocate may use any of the powers granted to the advocate under this chapter.                                  
23            (b)  In this section, "crime victim" includes any person who is the owner of                                 
24       property that is in the custody of a law enforcement agency.