§ 20-1-8.1 - Procedures for seizure and forfeiture.
SECTION 20-1-8.1
§ 20-1-8.1 Procedures for seizure andforfeiture. – (a) Any vessel, boat, fishing tackle, guns, shooting and hunting paraphernalia,traps, decoys, or any other implements, appliances, or equipment used inviolation of any law, rule, or regulation relating to fish and wildlife, which,by provision of any section of this title, is subject to forfeiture to thestate, shall be seized pursuant to § 20-1-8(a)(6) and forfeited under theprovisions of this section.
(b) The attorney general shall proceed pursuant to§§ 12-21-23 – 12-21-32, to show cause why the vessel, boat,fishing tackle, guns, shooting and hunting paraphernalia, traps, decoys, or anyother implements, appliances, or equipment used in the knowing and willfulviolation of any law, rule, or regulation relating to fish and wildlife which,by provision of any section of this title, is subject to forfeiture to thestate, may be forfeited to the use of or the sale of the department onproducing due proof that the vessel, fishing tackle, guns, shooting and huntingparaphernalia, traps, decoys, or any other implements, appliances, or equipmentwas used in this violation.
(c) Whenever property is forfeited under this section and thespecific provision of this title requiring forfeiture for a particular offense,the department may:
(1) Retain the property for official use; or
(2) Sell any forfeited property which is not required by thistitle to be destroyed and which is not harmful to the public; but the proceedsof this sale, after first deducting the amount sufficient for all properexpenses of the proceedings for forfeiture and sale, including expenses ofseizure, maintenance of custody, and advertising and court costs, shall be paidto the general treasurer for the use of the state.