§ 33-13-105 — Seizure of vessels by officers - repeal

(1) (a) Every parks and
recreation officer and other peace officer of this state may seize and hold any
vessel if such officer has probable cause to believe that the vessel is not in the
lawful possession of the operator or person in charge thereof.

(b) It is the duty of any officer seizing any vessel, on being informed of any
such vessel, to immediately notify the appropriate law enforcement agencies and
the owner if known. Such notification shall contain a description of such vessel and
any other helpful facts that may assist in locating or establishing the ownership
thereof or in prosecuting any person for a violation of article 4 of title 18, C.R.S., or
other state laws.

(2) Hull identification number means any identifying number, serial
number, engine number, or other distinguishing number or mark, including letters, if
any, placed on a vessel or engine by its manufacturer or by authority of the division
or in accordance with the laws of another state or country, excluding the vessel
registration number.

(3) (a) Whenever a vessel is seized pursuant to subsection (1) of this section,
the law enforcement agency or a governmental entity may commence an action in a
court of competent jurisdiction to determine whether said vessel shall be
destroyed, sold, converted to the use of the seizing agency, or otherwise disposed
of by an order of said court.

(b) (I) Any forfeiture proceeding initiated pursuant to this section shall be
conducted in conformance with section 16-13-505, C.R.S.

(II) For purposes of applying section 16-13-505, C.R.S., to a seizure hearing
conducted pursuant to this section, contraband includes any vessel seized in
accordance with this section.

(4) Nothing in this section shall preclude the return of the seized vessel to
the owner by the seizing agency following presentation of satisfactory evidence of
ownership and, if determined necessary, requiring the owner to obtain an
assignment of a hull identification number for the vessel from the division.

(5) and (6) (Deleted by amendment, L. 96, p. 725, � 1, effective January 1,
1997.)

(7) If the court having jurisdiction orders the vessel sold by the division, the
proceeds of the sale shall be forwarded to the treasurer who shall credit such
proceeds to the general fund.

Legislative History

Source: L. 84: Entire article added, p. 899, � 2, effective January 1, 1985. L. 96: Entire section amended, p. 725, � 1, effective January 1, 1997.