00                      CS FOR SENATE BILL NO. 30(JUD)                                                                    
01 "An Act providing for the release of certain property in the custody of a law                                           
02 enforcement agency to a crime victim under certain conditions and relating to requests                                  
03 for 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) A crime victim who is the                               
07       owner of property not belonging to a law enforcement agency that is in the custody of                             
08       the agency under this chapter may request that the office of victims' rights request that                         
09       the agency return the property to the crime victim. The request under this subsection                             
10       shall be filed by the office of victims' rights on behalf of the crime victim after the                           
11       office has conducted an investigation and has concluded that the crime victim is                                  
12       entitled to the return of the property under the 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 crime victim. If the property is being held in connection with a criminal                         
03       case, 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 crime victim if                                                        
08                 (1)  the crime victim by a preponderance of the evidence provides                                       
09       satisfactory 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 a crime victim claiming                                   
14       property under this section. If the court orders the return of the property to the crime                          
15       victim, the court shall impose conditions to ensure that the property is available for                            
16       future court proceedings. If the court cannot assure the availability of the property, the                        
17       court shall establish the chain of custody up to the date of the property return and the                          
18       admissibility of the property at future court proceedings.                                                        
19            (e)  In this section, "crime victim" has the meaning given to "victim" in                                    
20       AS 12.55.185.                                                                                                     
21    * Sec. 2. AS 24.65 is amended by adding a new section to read:                                                     
22            Sec. 24.65.115. Authority to request return of property on behalf of                                       
23       certain persons. Notwithstanding another provision of this chapter, the victims'                                
24       advocate may file a request under AS 12.36.070 with a law enforcement agency for                                  
25       the return of property to a crime victim after having conducted an investigation and                              
26       determining that the crime victim is entitled to the return of the property under the                             
27       factors listed in AS 12.36.070(c). In fulfilling the requirements of this section, the                            
28       victims' advocate may use any of the powers granted to the advocate under this                                    
29       chapter.