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Alaska Statutes Title 12. Code of Criminal Procedure § 12.36.030. Disposal of unclaimed property used as evidence

Current as of January 01, 2025 | Updated by Findlaw Staff

(a) Unless the property is a firearm, ammunition, or a firearm part subject to AS 18.65.340, if property that is used as evidence in a criminal proceeding or a children's court proceeding, including wrongfully taken or damaged property, is not claimed by the owner within one year after the final disposition of the case, the law enforcement agency having custody of the property shall dispose of it under (b) of this section.

(b) Property referenced in (a) of this section shall be disposed of by a

(1) municipal law enforcement agency in the following manner:

(A) for that part of the property that is subject to AS 34.45.110--34.45.780, in accordance with AS 34.45.110--34.45.780;

(B) for that part of the property that is not subject to AS 34.45.110--34.45.780, by selling the property in the same manner as a sale upon execution; after paying the expenses for the preservation and sale of the property, the law enforcement agency shall dispose of the proceeds of the sale in the same manner as money collected upon a judgment;

(2) state law enforcement agency in the following manner:

(A) if the property is a firearm or ammunition, in the manner provided in AS 18.65.340;

(B) if the property is other than a firearm or ammunition, and the property is

(i) subject to AS 34.45.110--34.45.780, in accordance with AS 34.45.110--34.45.780;

(ii) not subject to AS 34.45.110--34.45.780, by selling the property in the same manner as a sale upon execution; after paying the expenses for the preservation and sale of the property, the law enforcement agency shall dispose of the proceeds of the sale in the same manner as money collected upon a judgment.

(c) This section does not apply to property that comes into the custody of a law enforcement agency of a municipality if the municipality has adopted an ordinance providing for the custody and disposition of the property and if the ordinance requires that

(1) property held or collected as evidence in a children's court proceeding, a criminal proceeding, or an official investigation of a crime is to be held until at least 30 days after final disposition of the case to which the evidence pertains; and

(2) the municipality make reasonable attempts to identify and locate the owner of the property that is unclaimed.

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Cite this article: FindLaw.com - Alaska Statutes Title 12. Code of Criminal Procedure § 12.36.030. Disposal of unclaimed property used as evidence - last updated January 01, 2025 | https://codes.findlaw.com/ak/title-12-code-of-criminal-procedure/ak-st-sect-12-36-030/

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