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- Alaska Statutes.
- Title 17. Food and Drugs
- Chapter 30. Controlled Substances
- Section 112. Proceedings Resulting in Forfeiture.
previous: Section 110
. Items Subject to Forfeiture.
next: Section 114
. Seizure and Custody of Property.
AS 17.30.112. Proceedings Resulting in Forfeiture.
- (a) Property listed in AS 17.30.110
may be forfeited to the state either upon conviction of the defendant of a violation of this chapter or AS 11.71, or upon judgment of a court in a separate civil proceeding in
rem. The court may order a forfeiture in the in rem proceeding if it finds that an item specified in AS 17.30.110
was used during or in aid of a violation of this chapter or AS 11.71.
- (b) It is not a defense in an in rem proceeding brought under this section that a criminal proceeding has resulted in a
conviction or conviction of a lesser offense for a violation of this chapter or AS 11.71.
- (c) When forfeiting property under (a) 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.
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