Section 17.30.110. Items subject to forfeiture.

The following may be forfeited to the state:
        (1) a controlled substance that has been manufactured, distributed, dispensed, acquired, or possessed in violation of this chapter or AS 11.71;
        (2) raw materials, products, and equipment that are used or intended for use in manufacturing, distributing, compounding, processing, delivering, importing, or exporting a controlled substance that is a felony under this chapter or AS 11.71;
        (3) property that is used or intended for use as a container for property described in (1) or (2) of this section;
        (4) a conveyance, including but not limited to aircraft, vehicles, or vessels, that has been used or is intended for use in transporting or in any manner in facilitating the transportation, sale, receipt, possession, or concealment of property described in (1) or (2) of this section in violation of a felony offense under this chapter or AS 11.71; however,
             (A) a conveyance may not be forfeited under this paragraph if the owner of the conveyance establishes, by a preponderance of the evidence, at a hearing before the court as the trier of fact, that use of the conveyance in violation of this chapter or AS 11.71 was committed by another person and that the owner was neither a consenting party nor privy to the violation;
             (B) a forfeiture of a conveyance encumbered by a valid security interest at the time of seizure is subject to the interest of the secured party if the secured party establishes, by a preponderance of the evidence, at a hearing before the court as the trier of fact, that use of the conveyance in violation of this chapter or AS 11.71 was committed by another person and that the secured party was neither a consenting party nor privy to the violation;
        (5) books, records, and research products and materials, including formulas, microfilm, tapes, and data, that are used in violation of this chapter or AS 11.71;
        (6) money, securities, negotiable instruments, or other things of value used in financial transactions derived from activity prohibited by this chapter or AS 11.71; and
        (7) a firearm that is visible, carried during, or used in furtherance of a violation of this chapter or AS 11.71.

Authorities

11.73.060;17.30.112;17.30.114;17.30.116;17.30.122;17.30.124

Notes

References

AS 11.73.060 Forfeitures.
AS 17.30.112 Proceedings resulting in forfeiture.
AS 17.30.114 Seizure and custody of property.
AS 17.30.116 Procedure for forfeiture action.
AS 17.30.122 State disposal of forfeited property.
AS 17.30.124 Remittance to claimant.

History

(Sec. 4 ch 45 SLA 1982)