§ 18-4-606 — Confiscation and disposition of items

(1) A law enforcement
officer shall, upon discovery, confiscate all unlawfully labeled, transferred, or
recorded articles possessed for the purposes of selling or distributing in violation of
this part 6 and all equipment and components used or intended to be used to
knowingly and unlawfully transfer, manufacture, or record articles for the purposes
of selling or distributing in violation of this part 6.

(2) Notwithstanding any other provision of law, recorded articles and
equipment and components that are confiscated pursuant to subsection (1) of this
section are contraband and shall be delivered to the district attorney in the county
in which the confiscation was made. Upon conviction of the person, the district
attorney may request a court order for destruction of the recorded articles and a
court order for distribution of the equipment and components. Upon conviction of
the person and motion of the district attorney, the court shall order the recorded
articles to be destroyed or otherwise disposed of if the court finds that the person
claiming title to the recorded articles possessed the recorded articles for the
purposes of selling or distributing in violation of this part 6. The court shall order
the equipment and components distributed to a charitable or educational
organization if the court finds that the person claiming title to the equipment
possessed the equipment to record nonconforming articles for the purposes of
selling or distributing in violation of this part 6.

Legislative History

Source: L. 2009: Entire section added, (SB 09-036), ch. 185, p. 810, � 3, effective August 5.