70-6-202 - Property used in violation of §§ 70-4-116 70-4-118 declared contraband Seizure and sale.
70-6-202. Property used in violation of §§ 70-4-116 70-4-118 declared contraband Seizure and sale.
(a) Any firearm, equipment, appliance or conveyance used in violation of the provisions of §§ 70-4-116 70-4-118, including any truck, automobile, boat, airplane, or other vehicle, other than a common carrier, and in which any deer, bear, or wild boar is located, or that is used in transporting such animals in violation of the provisions of this title, is hereby declared contraband property and shall be confiscated and forfeited to the state upon seizure.
(b) Any motor vehicle that is seized as contraband property, that has been finally forfeited to the state of Tennessee, and that has not been ordered by any court or competent authority to be returned to any claimant shall be sold at public sale by the commissioner of general services when the same has been turned over to the commissioner by the executive director as now authorized by law; provided, that, nothwithstanding any other provision of the law to the contrary, any truck, automobile, boat, airplane or other vehicle seized and forfeited under the provisions of subsection (a) may be used, with the approval of the executive director, by wildlife officers, to enforce the fish and wildlife laws, for a period not to exceed two (2) years; and provided further, that the seized item is similar in kind and not substantially greater in value than like equipment that is procured and used by the wildlife resources agency in its operations.
(c) When any seizure results in an arrest and the person charged is found to be not guilty by a court of competent jurisdiction, such property shall be returned by the trial court. When the verdict of not guilty is rendered by a court of general sessions, the executive director shall have the right to appeal to the circuit court of the county where such verdict was rendered for a hearing de novo solely on the question of the propriety of the seizure of any property so seized as contraband and make disposition accordingly.
(d) The court or jury determining whether a violation of § 70-4-116, § 70-4-117, or § 70-4-118, occurred shall also determine, in the same manner as provided in § 70-6-201, whether property seized pursuant to this section is contraband and should be forfeited to the state.
[Acts 1951, ch. 115, § 45 (Williams, § 5178.74); 1959, ch. 300, § 1; impl. am. Acts 1961, ch. 97, § 5; Acts 1963, ch. 105, § 1; impl. am. Acts 1972, ch. 543, § 7; impl. am. Acts 1974, ch. 481, §§ 6, 7; Acts 1975, ch. 41, § 1; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 51-707; Acts 1998, ch. 909, § 3; 1999, ch. 91, § 3; 2009, ch. 213, § 2.]