(a) Unless the property is a firearm, ammunition, or a firearm part subject to Alaska Stat. § 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.
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Terms Used In Alaska Statutes 12.36.030

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • municipality: means a political subdivision incorporated under the laws of the state that is a home rule or general law city, a home rule or general law borough, or a unified municipality. See Alaska Statutes 01.10.060
  • property: includes real and personal property. See Alaska Statutes 01.10.060
  • state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
(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 Alaska Stat. § 34.45.110 – 34.45.780, in accordance with Alaska Stat. § 34.45.110 – 34.45.780;
(B) for that part of the property that is not subject to Alaska Stat. § 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 Alaska Stat. § 18.65.340;
(B) if the property is other than a firearm or ammunition, and the property is

(i) subject to Alaska Stat. § 34.45.110 – 34.45.780, in accordance with Alaska Stat. § 34.45.110 – 34.45.780;
(ii) not subject to Alaska Stat. § 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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