Court May Order Release: Who May Make Motion; Notice

(a) In the course of a criminal action the trial court may order the release of any property received into evidence or held in connection with the criminal action by a law enforcement agency when it is possible to do so without prejudice to any party. (b) A motion for the release of property may be made by either of the following: (1) The person from whose possession the property was taken. (2) Any other person asserting the right to possession of the property. (c) The trial court shall give notice and an opportunity to be heard to the Attorney General and to the person from whom the property was taken when the application for release is filed by another person. NOTE: Section 150.40 replaces and expands former §§ 1408 through 1410. The section applies to all types of property, rather than only to stolen or embezzled property, as did the former sections. Return is particularly appropriate where photographs and testimony can just as well be used as the actual property and the property is of a type which is bulky or perishable. Of course, nothing in this Section limits the authority to return property pursuant to § 35.45 (return to property unlawfully seized).