00                     CS FOR SENATE BILL NO. 30(2d 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)  At the hearing, a party that objects to the return of the property shall state                          
07       the reason on the record. After a hearing, the court may order the return of the                                  
08       property in the custody of a law enforcement agency to the crime victim if                                        
09                 (1)  the crime victim by a preponderance of the evidence provides                                       
10       satisfactory proof of ownership; and                                                                              
11                 (2)  the party that objects to the return of the property fails to prove by                             
12       a preponderance of the evidence that the property must be retained by the agency for                              
13       evidentiary purposes under the provisions of this chapter or another law.                                         
14            (d)  If the court orders the return of the property to the crime victim, the court                           
15       may impose reasonable conditions on the return. Those conditions may include an                                   
16       order that the crime victim retain and store the property so that the property is                                 
17       available for future court hearings, requiring photographs of the property to be taken,                           
18       or any other condition the court considers necessary to maintain the evidentiary                                  
19       integrity of the property.                                                                                        
20            (e)  In this section, "crime victim" has the meaning given to "victim" in                                    
21       AS 12.55.185.                                                                                                     
22    * Sec. 2. AS 24.65 is amended by adding a new section to read:                                                     
23            Sec. 24.65.115. Authority to request return of property on behalf of                                       
24       certain persons. Notwithstanding another provision of this chapter, the victims'                                
25       advocate may file a request under AS 12.36.070 with a law enforcement agency for                                  
26       the return of property to a crime victim after having conducted an investigation and                              
27       determining that the crime victim is entitled to the return of the property under the                             
28       factors listed in AS 12.36.070(c). In fulfilling the requirements of this section, the                            
29       victims' advocate may use any of the powers granted to the advocate under this                                    
30       chapter.