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Show ri maintaining and storing Ihe forfeited property: (M administering the forfeiture proceeding: () appointed counsel under Section 24-1-9: and frt payment of money to compensate victims of conduct g iving rise to or related m the forfeiture, or of conduct which is part of the same scheme that led to the forfeiture under this chapter. p No property either seized or forfeited, whether civilly or criminally, nor any revenues or proceeds therefrom shall be paid to. appropriated for, or used for the benefit, directly or indirectly, of law enforcement officers, law enforcement agencies or agencies performing law enforcement functions. ffl No property either seized or forfeited, whether civilly or criminally, nor any revenue or proceeds therefrom shall be. directly or indirectly, paid to. appropriated for, or used for the benefit of persons acting as: Irt informants in any law enforcement function: fhi witnesses in any administrative or judicial forum: or (ci prosecutors in any state or federal actions. ffl The state treasurer shall maintain an accounting of all properties which are either civilly or criminally forfeited and subsequently sold and all proceeds therefrom, and the state auditorshall perform an annual audit of such proceeds and communicate the results of the audit to the state treasurer and to the legislature. All accounting and audit records generated underthis subparagraph shall be available and open to the public. Section 17. Section 23-20-1 is amended to read: 23-20-1. Enforcement authority or conservation officers -- Seizure and disposition or property. ( 1 ) Conservation officers of Ihe division shall enforce the provisions of this title with the same authority and following the same procedures as other law enforcement officers. (2) (a) Conservation officers shall seize any protected wildlife illegally taken or held. (b) (i) Upon determination of a defendants guilt by Ihe court, the protected wildlife shall be confiscated by the court and sold or otherwise disposed of by the division. (ii) Proceeds of the sales shall be deposited in the Wildlife Resources Account. (iii) Migratory wildfowl may not be sold, but must be given to a charitable institution or used for other charitable purposes. (3) (a) Materials and devices used for the unlawful taking or possessing of protected wildlife shall be seized, and upon a finding by Ihe court that they were used in the unlawful taking or possessing of protected wildlife, the materials and devices shall be; (i) tonfiacaud by lha cnurtj (ii) cownyid lo lha di"icionj and (in) upon iha axpiralion af lima for appaal, told al a public auction er othaiwifa dispocad of by tha division, subject to criminal or civil forfeiture under the procedures and substantive protections established in the Utah Jniform Forfti'Mrt Procedures Act. Title 24. Chapter 1 of the Utah Code. IM Any Brocaadr from tha gala of iha material or daviea shall ba dapntiud into tha Wiltllifa Pwourras Aiow(1)(a)(i)AandinSu,Btaclinn(1),"o"'nar" niaant apamnniOlharthan i parson with asaearily inlaracl, having a proparly interact in or lilli lo a vahiiria and anliilad to lha uoa and poaaaasian of a vahirla (ii) "Oner" includic a rantar or f4i (a) Conservation office'rs may seize and impound a vehicle used for the unlawful taking or possessing of protected wildlife for any of the following purposes: 1(A) fji to provide for the safekeeping of the vehicle, if the owner or operator is arrested; (8)(jiitosearchthe vehicle as provided in Subsection(2Xa)or as provided bya search warrant: or (C) (jij) to inspect the vehicle for evidence that protected wildlife was unlawfully taken or possessed. (ii) (bjThe division shall store any seized vehicle in a public or private garage, state impound lot, or other secured storage facility. (iii) 51 A seized vehicle shall be released to Ihe owner no later than 30 days after the dale the vehicle is seized, unless the vehicle was used for the unlawful taking or possessing of wildlife by a person who is charged with committing a felony under this title. (Hi) (6UaUpon a finding by a court that the person who used the vehicle for the unlawful taking or possessing of wildlife is guilty of a felony underthis title, Ihe vehicle may bei (A) confiscated by tha courtj (B) conveyed lo lha divitienj and (C) uponaxpiraiion af lima far appaal, sold al a public auction er otherwise dicpoted at by lha division, (ii) Any proceeds from lha sale shall ba dapoiitad into lha Wildlifa Ricoiirrttr Awm-m (iii) If " '"'-' " mnfirrnarl hi. tha court, it shall ba ,.i.t.H m lha mn suhieel to criminal or civil forfeiture under the procedures and substantive protections established in the Utah Uniform Forfeiture Procedures Act. Title 24. Chanter 1. of ihe Utah Code. (d)-(i) (b) The owner of a seized vehicle is liable for the payment of any impound fee if he lha parson whe used the vehicle for the unlawful taking or possessing of wildlife aM is found by a court to be guilty of a violation of this title. (ii) (cJThe 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: (A) fj) no charges are filed or all charges are dropped which involve Ihe use of the vehicle for Ihe unlawful taking or possessing of wildlife; or (8)1 tiil lne person charged with using the vehicle for the unlawful taking or possessing of wildlife is found by a court lo be not guilty!-! f .in the ownerdid not consent to a use of the vehicle which violates this chapter. Section 18. Section 32A-13-103 is amended to read: 32A-13-103. Searches, seizures, and forfeitures. (l)The following are subject lo forfeiture and no proparly right eaistt in lham pursuant to the procedures and substantive protections established in the Utah Uniform Forfeiture Procedures Act. Title 24. Chanter 1. of the Utah Code: (a) all alcoholic products possessed, used, offered forsale, sold, given, furnished, supplied, received, purchased, stored, warehoused, manufactured, adulterated, shipped, carried, transported, or distributed in violation of this title or commission rules; (b) all packages or property used or intended for use as a container for an alcoholic product in violation of this title or commission-rules; (c) all raw materials, products, and equipment used, or intended for use, in manufacturing, processing, adulterating, delivering, importing, or exporting any alcoholic product in violation of this title or commission rules; (d) all implements, furniture, fixtures, or other personal property used or kept for any violation of this title or commission rules; (e) all conveyances including aircraft, vehicles, or vessels used or intended for use, to transport or in any manner facilitate the transportation, sale, receipt, possession, or concealment of property described in Subsection (a), (b), (c), or(d)T axcipl that: (i) a mnvtyanTt vr"f y ny parr"" " rnmmnn fin-jar in lha trancif ti"n T?f rnmmnn nrrlar m-iy nni ha fnrfaitari undar Ihit taclion UnltCC it ippf-r nrnlharpnrrnn in rhirfja nf lha Ctinvavanca Wat a coiMtntingr'r'Y''''r""S''"'''H1,"r'" lHC""f"i'lll'i"nnf'h'f l''l'"rrnmm'"'nn rulac; (ii) ren"fy""- ""y ""' h" nintarihir tnriinn hy ranrnn nf inn int or omitrion ectirtliiiht i by Iht y" " ' nminari mithnni tha Qivntr'i hlV"'fAS,' - (") "")' fnrfaitiira nf rnmiajnnra rilhjarl 10 I Ptm flllf T-""'y ' '"hjtrl inlararl nf lha tar-lirad purty upon iht plrty'f 'i-""""gil"i p'y nM nm hn Irnnuinrlirt' nnl ifnnm in lha anarcitt rf -""'l"l'rj"''' uinlninn n.-milrl ntra plira in tha lira nf lha eenveyance; and (f) all books, records, receipts, ledgers, or other documents used or intended for use in violation of this tille or commission rules. 55 |