§ 50-11-740 — Confiscation, forfeiture, and sale of property used in hunting of deer, bear, or turkey at night; procedures.

(A) Every vehicle, boat, trailer, other means of conveyance, animal, firearm, or device used in the hunting of deer, bear, or turkey at night is forfeited to the State and must be seized by any peace officer who shall forthwith deliver it to the department. (B) "Hunting" as used in this section in reference to a vehicle, boat, or other means of conveyance includes the transportation of a hunter to or from the place of hunting or the transportation of the carcass, or any part of the carcass, of a deer, bear, or turkey which has been unlawfully killed at night. (C)(1) For purposes of this section, a conviction for unlawfully hunting deer, bear, or turkey at night is conclusive as against any owner of the above mentioned property. (2) In all other instances, forfeiture must be accomplished by the initiation by the State of an action in the circuit court in the county in which the property was seized giving notice to owners of record and lienholders of record or other persons having claimed an interest in the property subject to forfeiture and an opportunity to appear and show, if they can, why the property should not be forfeited and disposed of as provided for by this section. Failure of any person claiming an interest in the property to appear at the above proceeding after having been given notice of the proceeding constitutes a waiver of his claim and the property must be immediately forfeited to the State. (3) Notice of the above proceedings must be accomplished by: (a) personal service of the owner of record or lienholder of record by certified copy of the petition or notice of hearing; or (b) in the case of property for which there is no owner or lienholder of record, publication of notice in a newspaper of local circulation in the county where the property was seized for at least two successive weeks before the hearing. (D) The department shall sell any confiscated device at public auction for cash to the highest bidder in front of the county courthouse in the county where it is confiscated, after having given ten days' public notice of the sale by posting advertisement thereof on the door or bulletin board of the county courthouse or by publishing the advertisement at least once in a newspaper of general circulation in the county. (E)(1) If an individual is apprehended for a first offense and the device is of greater value than two thousand five hundred dollars, the owner may at any time before sale redeem it by paying to the department the sum of two thousand five hundred dollars. When the device is of lesser value than two thousand five hundred dollars, the owner may at any time before sale redeem it by paying to the department the retail market value. (2) If an individual is apprehended for a second offense and the device is of greater value than five thousand dollars, the owner may, at any time before sale, redeem it by paying to the department the sum of five thousand dollars. When the device is of lesser value than five thousand dollars, the owner may, at any time before sale, redeem it by paying to the department the retail market value. (3) If an individual is apprehended for a third or subsequent offense, the device must be forfeited to the State. (F) Upon sale or redemption of a confiscated device, the department shall pay over the net proceeds, after payment of any proper costs and expenses of the seizure, advertisement, and sale, including any proper expense incurred for the storage of the confiscated device, to the State Treasurer for deposit in the County Game and Fish Fund.

Legislative History

HISTORY: [Derived from former SECTIONS 50-11-2090 (1962 Code SECTION 28-457; 1952 Code SECTION 28-457; 1943 (43) 184; 1952 (47) 2179; 1982 Act No. 462, SECTION 3; 1984 Act No. 328, SECTION 3); 50-11-2100 (1962 Code SECTION 28-458; 1952 Code SECTION 28-458; 1943 (43) 184; 1952 (47) 2179)]; 1988 Act No. 561, SECTION 1; 1993 Act No. 181, SECTION 1262; 2012 Act No. 228, SECTION 2, eff June 18, 2012; 2013 Act No. 54, SECTION 1, eff June 7, 2013; 2017 Act No. 88 (S.443), SECTION 3, eff May 19, 2017. Code Commissioner's Note 2009 Act No. 79, SECTION 2.B provides as follows: "The name of the 'Game Protection Fund' as contained in Title 50 is hereby changed to the 'Fish and Wildlife Protection Fund'. Wherever the term 'Game Protection Fund' appears in the 1976 Code, it shall mean the 'Fish and Wildlife Protection Fund' and the Code Commissioner is directed to change this reference at a time and in a manner that is timely and cost effective." Effect of Amendment The 2012 amendment rewrote the first three paragraphs. The 2013 amendment rewrote the section. 2017 Act No. 88, SECTION 3, in (A), (B), and (C)(1), substituted "deer, bear, or turkey" for "deer or bear".