Section 28.35.036. Forfeiture of vehicle, aircraft, or watercraft.

   (a) After conviction of an offense under AS 28.15.291(b), AS 28.35.030, or 28.35.032, a motor vehicle, aircraft, or watercraft involved in the commission of the offense is subject to forfeiture as provided under AS 28.15.291(b), AS 28.35.030, and 28.35.032.
   (b) Before forfeiture of a motor vehicle, aircraft, or watercraft, the court shall schedule a hearing on the matter and shall notify the state and the convicted person of the time and place set for the hearing. Except for a motor vehicle, aircraft, or watercraft that is required to be forfeited under AS 28.35.030 or 28.35.032, the court may order the forfeiture of the motor vehicle if the court, sitting without a jury, determines, by a preponderance of the evidence, that the forfeiture of the motor vehicle, aircraft, or watercraft will serve one or more of the following purposes:
        (1) deterrence of the convicted person from the commission of future offenses under AS 28.15.291(b), AS 28.35.030, or 28.35.032;
        (2) protection of the safety and welfare of the public;
        (3) deterrence of other persons who are potential offenders under AS 28.15.291(b), AS 28.35.030, or 28.35.032; or
        (4) expression of public condemnation of the serious or aggravated nature of the convicted person's conduct.
   (c) Upon forfeiture of a motor vehicle, aircraft, or watercraft, the court shall require the
        (1) surrender of the registration and certificate of title of that motor vehicle; the registration and certificate of title shall be delivered to the department;
        (2) convicted person to pay all administrative costs incurred by the state in forfeiting the motor vehicle, aircraft, or watercraft, including costs incurred by the department, law enforcement personnel, or the court system.
   (d) If not released under AS 28.35.037, a motor vehicle, aircraft, or watercraft forfeited under this section may be disposed of at the discretion of the Department of Public Safety.
   (e) Disposal under this subsection includes
        (1) sale, as a unit or in parts, including sale at an auction, and the proceeds deposited into the general fund;
        (2) transfer to a state or municipal law enforcement agency;
        (3) being declared surplus and transferred to the Department of Administration;
        (4) being destroyed; or
        (5) transfer to a charitable organization; in this paragraph, "charitable organization" means a charity that is exempt from taxation under 26 U.S.C. 501(c)(3) (Internal Revenue Code).

Authorities

28.35.030;28.35.032;28.35.037

Notes

Recent Bills that will modify this

SB 35 2015 REVISOR'S BILL

References

AS 28.35.030 Operating a vehicle, aircraft, or watercraft while under the influence of an alcoholic beverage, inhalant, or controlled substance.
AS 28.35.032 Refusal to submit to chemical test.
AS 28.35.037 Remission of forfeitures.

History

(Sec. 23 ch 77 SLA 1983; am Sec. 30 ch 119 SLA 1990; am Sec. 14 ch 55 SLA 1994; am E.O. No. 99 Sec. 56 (1997); am Sec. 48 ch 60 SLA 2002; am Sec. 26 ch 22 SLA 2015)