Releasing confiscated property to innocent owner or lienholder; failure to recover property.

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(A) Notwithstanding another provision of law, the Department of Natural Resources may administratively release any vehicle, boat, trailer, other means of conveyance, animal, firearm, or device confiscated from a person charged with hunting of deer, bear, or turkey at night to an innocent owner or lienholder of the property.

(B) Notwithstanding another provision of law, if an innocent owner or lienholder of property contained in subsection (A) fails to recover property contained in that subsection, then the Department of Natural Resources may maintain or dispose of the property.

(C) Before confiscated property is released to an innocent owner or lienholder, he shall provide the department with:

(1) proof of ownership or a lienholder interest in the confiscated property;

(2) certification that he will not release the property to a person who has been charged with a violation of this chapter which resulted in the confiscation of the property to be released.

HISTORY: 1997 Act No. 18, Section 1; 2013 Act No. 54, Section 2, eff June 7, 2013; 2017 Act No. 88 (S.443), Section 4, eff May 19, 2017.

Effect of Amendment

The 2013 amendment inserted "trailer, other means of conveyance, animal,", deleted "hunting" preceding "device", and substituted "hunting of deer or bear at night" for "a violation of this chapter" in paragraph (A).

2017 Act No. 88, Section 4, in (A), substituted "deer, bear, or turkey" for "deer or bear".


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