§ 23A-5-201 — Enforcement authority of natural resources officers -- Seizure and disposition of property.

(1) A natural resources officer shall enforce the provisions of this title in accordance with the same procedures and requirements for a law enforcement officer of this state.
(2) (2)(a) Except as provided in Subsection (2)(b), a natural resources officer may seize property or contraband in accordance with Title 77, Chapter 11a, Seizure of Property and Contraband, and Title 77, Chapter 11b, Forfeiture of Seized Property.
(2)(b) A natural resources officer shall seize protected wildlife illegally taken or held.
(3) (3)(a) If a natural resources officer seizes wildlife as part of an investigation or prosecution of an offense and the wildlife may reasonably be used to incriminate or exculpate a person for the offense, the Division of Law Enforcement is not required to retain the wildlife under Title 77, Chapter 11c, Retention of Evidence.
(3)(b) If the Division of Law Enforcement does not retain wildlife under Subsection (3)(a), the Division of Law Enforcement is required to preserve sufficient evidence from the wildlife for use as evidence in the prosecution of a person for the offense.
(4) (4)(a) If a natural resources officer seizes wildlife and the wildlife or parts of the wildlife are perishable, the Division of Law Enforcement may donate the wildlife or parts of the wildlife to be used for charitable purposes.
(4)(b) If wildlife or parts of the wildlife are perishable and are not fit to be donated for charitable purposes under Subsection (4)(a), the Division of Law Enforcement may dispose of the wildlife or parts of the wildlife in a reasonable manner.
(5) (5)(a) If a defendant is convicted of the offense for which protected wildlife is seized and the Division of Law Enforcement is permitted by law to sell or dispose of the protected wildlife, the Division of Law Enforcement may sell or dispose of the protected wildlife or part of the wildlife.
(5)(b) The Division of Law Enforcement may not sell migratory wildfowl but the Division of Law Enforcement shall donate the migratory wildfowl to be used for charitable purposes.
(5)(c) The Division of Law Enforcement shall deposit the proceeds from the sale of protected wildlife into the Wildlife Resources Account.
(6) If the Division of Law Enforcement disposes of wildlife and the defendant is acquitted of the offense for which the wildlife is seized or the entire case for the offense is dismissed, the court may order the Division of Law Enforcement to:
(6)(a) provide the owner of the disposed wildlife with wildlife that is reasonably equivalent in value to the disposed wildlife within 180 days after the day on which the court enters the order; or
(6)(b) if the Division of Law Enforcement is unable to obtain wildlife that is reasonably equivalent in value to the disposed wildlife, pay the owner of the disposed wildlife for the non-trophy value of the disposed wildlife in accordance with Subsection 23A-5-312(2) within 180 days after the day on which the court enters the order.
(7) (7)(a) If a natural resources officer seizes a vehicle under Section 77-11a-201, the Division of Law Enforcement shall store the seized vehicle in a public or private garage, state impound lot, or any other secured storage facility.
(7)(b) The Division of Law Enforcement shall release a seized vehicle to the owner no later than 30 days after the day on which the vehicle is seized, unless the vehicle was used for the unlawful taking or possessing of wildlife by a person charged with a felony under this title.
(7)(c) The owner of a seized vehicle is liable for the payment of any impound fee if:
(7)(c)(i) the owner used the vehicle for the unlawful taking or possessing of wildlife; and
(7)(c)(ii) the owner is convicted of an offense under this title.
(7)(d) The owner of a seized vehicle is not liable for the payment of any impound fee or, if the fees have been paid, is entitled to reimbursement of the fees paid, if:
(7)(d)(i) no charges are filed or all charges are dropped that involve the use of the vehicle for the unlawful taking or possessing of wildlife;
(7)(d)(ii) the person charged with using the vehicle for the unlawful taking or possessing of wildlife is found by a court to be not guilty; or
(7)(d)(iii) the owner did not consent to a use of the vehicle that violates this chapter.

Legislative History

Amended by Chapter 80, 2024 General Session