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28th Legislature(2013-2014)

Bill Text 28th Legislature

00 Enrolled SB 110                                                                                                         
01 Relating to the authority of the victims' advocate to request a hearing for the release to a crime                      
02 victim under certain conditions of certain property in the custody of a law enforcement                                 
03 agency.                                                                                                                 
04                           _______________                                                                               
05    * Section 1. AS 12.36.070 is amended by adding a new subsection to read:                                           
06            (f)  If the agency fails to act on a request under (a) of this section within the                            
07       deadline set in (b) of this section, the victims' advocate may request a hearing under                            
08       (b) of this section. If the victims' advocate requests a hearing under this subsection, the                       
09       role of the victims' advocate in the hearing is limited to advocating for the return of the                       
10       victim's property. The victims' advocate may not participate in the case as a party or an                         
11       intervenor unless the court orders otherwise.                                                                     
12    * Sec. 2. AS 24.65.115 is amended to read:                                                                         
13            Sec. 24.65.115. Authority to request return of property on behalf of                                       
14       certain persons. (a) Notwithstanding another provision of this chapter, the victims'                          
01       advocate may                                                                                                      
02                 (1)  file a request under AS 12.36.070 with a law enforcement agency                                
03       for the return of property to a crime victim after having conducted an investigation and                          
04       determining that the crime victim is entitled to the return of the property under the                             
05       factors listed in AS 12.36.070(c);                                                                            
06                 (2)  request a hearing under AS 12.36.070(f).                                                       
07            (b)  In fulfilling the requirements of this section, the victims' advocate may use                       
08       any of the powers granted to the advocate under this chapter.                                                     
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