Section 04.16.220. Forfeitures and seizures.

   (a) The following are subject to forfeiture:
        (1) alcoholic beverages manufactured, sold, offered for sale, possessed for sale, or bartered or exchanged for goods and services in this state in violation of AS 04.11.010; alcoholic beverages possessed, stocked, warehoused, or otherwise stored in violation of AS 04.21.060; alcoholic beverages sold or offered for sale in violation of a local option adopted under AS 04.11.491; alcoholic beverages transported into the state and sold to persons not licensed under this chapter in violation of AS 04.16.170(b); alcoholic beverages transported in violation of AS 04.16.125;
        (2) materials and equipment used in the manufacture, sale, offering for sale, possession for sale, or barter or exchange of alcoholic beverages for goods and services in this state in violation of AS 04.11.010; materials and equipment used in the stocking, warehousing, or storage of alcoholic beverages in violation of AS 04.21.060; materials and equipment used in the sale or offering for sale of an alcoholic beverage in an area in violation of a local option adopted under AS 04.11.491;
        (3) aircraft, vehicles, or vessels used to transport or facilitate the transportation of
             (A) alcoholic beverages manufactured, sold, offered for sale, possessed for sale, or bartered or exchanged for goods and services in this state in violation of AS 04.11.010;
             (B) property stocked, warehoused, or otherwise stored in violation of AS 04.21.060;
             (C) alcoholic beverages imported into a municipality or established village in violation of AS 04.11.499(a);
        (4) alcoholic beverages found on licensed premises that do not bear federal excise stamps if excise stamps are required under federal law;
        (5) alcoholic beverages, materials, or equipment used in violation of AS 04.16.175;
        (6) money, securities, negotiable instruments, or other things of value used in financial transactions or items of value purchased from the proceeds derived from activity prohibited under AS 04.11.010 or in violation of a local option adopted under AS 04.11.491;
        (7) a firearm used in furtherance of a violation of this title.
   (b) Property subject to forfeiture under this section may be actually or constructively seized under an order issued by the superior court upon a showing of probable cause that the property is subject to forfeiture under this section. Constructive seizure is effected upon posting a signed notice of seizure on the item to be forfeited, stating the violation and the date and place of seizure. Seizure without a court order may be made if
        (1) the seizure is incident to a valid arrest or search;
        (2) the property subject to seizure is the subject of a prior judgment in favor of the state; or
        (3) there is probable cause to believe that the property is subject to forfeiture under (a) of this section; except for alcoholic beverages possessed on violation of AS 04.11.501 or an ordinance adopted under AS 04.11.501, property seized under this paragraph may not be held over 48 hours or until an order of forfeiture is issued by the court, whichever is earlier.
   (c) Within 30 days after a seizure under this section, the Department of Public Safety shall make reasonable efforts to ascertain the identity and whereabouts of any person holding an interest or an assignee of a person holding an interest in the property seized, including a right to possession, lien, mortgage, or conditional sales contract. The Department of Public Safety shall notify the person ascertained to have an interest in property seized of the impending forfeiture, and, before forfeiture, the Department of Law shall publish, once a week for four consecutive calendar weeks, a notice of the impending forfeiture in a newspaper of general circulation in the judicial district in which the seizure was made or, if no newspaper is published in that judicial district, in a newspaper published in the state and distributed in that judicial district. Upon service or publication of notice of commencement of a forfeiture action under this section, a person claiming an interest in the property shall file, within 30 days after the service or publication, a notice of claim setting out the nature of the interest, the date it was acquired, the consideration paid, and an answer to the state's allegations. If a claim and answer is not filed within the time specified, the property described in the state's allegation must be ordered forfeited to the state without further proceedings or showings. Questions of fact or law raised by a notice of forfeiture action and answer of a claimant in an action commenced under this section must be determined by the court sitting without a jury. This proceeding may be held in abeyance until conclusion of any pending criminal charges against the claimant under this title.
   (d) Property subject to forfeiture under (a) of this section may be forfeited
        (1) upon conviction of a person for a violation of AS 04.11.010, 04.11.499, AS 04.16.125, AS 04.21.060, or AS 04.11.501 or an ordinance adopted under AS 04.11.501; or
        (2) upon judgment by the superior court in a proceeding in rem that the property was used in a manner subjecting it to forfeiture under (a) of this section.
   (e) The owner of property subject to forfeiture under (a) or (i) of this section is entitled to relief from the forfeiture in the nature of remission of the forfeiture if, in an action under (d) of this section, the owner shows that the owner
        (1) was not a party to the violation;
        (2) had no actual knowledge or reasonable cause to believe that the property was used or was to be used in violation of the law; and
        (3) had no actual knowledge or reasonable cause to believe that the person committing the violation had
             (A) a criminal record for violating this title; or
             (B) committed other violations of this title.
   (f) A person other than the owner holding, or the assignee of, a lien, mortgage, conditional sales contract on, or the right to possession to property subject to forfeiture under (a) or (i) of this section is entitled to relief from the forfeiture in the nature of remission of the forfeiture if, in an action under (d) of this section, the person shows that the person
        (1) was not a party to the violation subjecting the property to forfeiture;
        (2) had no actual knowledge or reasonable cause to believe that the property was to be used in violation of the law; and
        (3) had no actual knowledge or reasonable cause to believe that the person committing the violation had
             (A) a criminal record for violating this title; or
             (B) committed other violations of this title.
   (g) It is no defense in an in rem forfeiture proceeding brought under (d)(2) of this section that a criminal proceeding is pending or has resulted in conviction or acquittal of a person charged with violating AS 04.11.010, 04.11.499, or AS 04.21.060.
   (h) Alcoholic beverages forfeited under (d) of this section shall be placed in the custody of a peace officer of the state and destroyed no later than 30 days after forfeiture. All other property forfeited under this section shall be placed in the custody of the commissioner of public safety for disposition according to an order entered by the court. The court shall order destroyed any property forfeited under this section that is harmful to the public and shall order any property forfeited under this section that was seized in a municipality to be transferred to the municipality in which the property was seized. Other property shall be ordered sold and the proceeds used for payment of expenses of the proceedings for forfeiture and sale, including expenses of seizure, custody, and court costs. The remainder of the proceeds shall be deposited in the general fund.
   (i) Upon conviction for a violation of AS 04.11.010 or 04.11.499(a), if an aircraft, vehicle, or watercraft is subject to forfeiture under (a) of this section, the court shall, subject to remission to innocent parties under this section,
        (1) order the forfeiture of an aircraft to the state;
        (2) order the forfeiture of a vehicle or watercraft if
             (A) the defendant has a prior felony conviction for a violation of AS 11.41 or a similar law in another jurisdiction;
             (B) the defendant is on felony probation or parole;
             (C) the defendant has a prior conviction for violating AS 04.11.010 or 04.11.499(a); or
             (D) the quantity of alcohol transported in violation of this title was twice the presumptive amounts in AS 04.11.010(c).
   (j) Notwithstanding (i) of this section, a court is not required to order the forfeiture of a vehicle or watercraft if the court determines that
        (1) the vehicle or watercraft is the sole means of transportation for a family residing in a village;
        (2) the court may impose conditions that will prevent the defendant's use of the vehicle or watercraft; and
        (3) either
             (A) a member of the family would be entitled to remission under this section if the family member were an owner of or held a security interest in the vehicle or watercraft; or
             (B) if a member of the family would not be entitled to remission, the family member was unable as a practical matter to stop the violation making the vehicle or watercraft subject to forfeiture.
   (k) When forfeiting property under (a), (d), or (i) of this section, a court may award to a municipal law enforcement agency that participated in the arrest or conviction of the defendant, the seizure of property, or the identification of property for seizure, (1) the property if the property is worth $5,000 or less and is not money or some other thing that is divisible, or (2) up to 75 percent of the property or the value of the property if the property is worth more than $5,000 or is money or some other thing that is divisible. In determining the percentage a municipal law enforcement agency may receive under this subsection, the court shall consider the municipal law enforcement agency's total involvement in the case relative to the involvement of the state.
   (l) In this section, "village" means a community of fewer than 1,000 persons located off the interconnected state road system.

Authorities

4.11.020

Notes

References

3 AAC 304.505
AS 4.11.020 .020">Sec. 04.11.020. Exceptions: License or permit not required.

History

(Sec. 3 ch 131 SLA 1980; am Sec. 5 - 8 ch 80 SLA 1986; am Sec. 45 - 49 ch 101 SLA 1995; am Sec. 8 - 11 ch 124 SLA 2004; am Sec. 2 - 4 ch 17 SLA 2006; am Sec. 16, 17 ch 25 SLA 2007)