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The Vermont Statutes Online



Title

10

:
Conservation and Development






Chapter

109

:
PENALTIES AND ENFORCEMENT






Subchapter

001
:
GENERAL PROVISIONS










 

§

4522. Unclaimed evidence

(a)

Notwithstanding chapter 14 of Title 27, upon final disposition of a charge

relating to a violation of this part, a person shall reclaim and remove his or

her property seized as evidence of the violation from the fish and wildlife

warden or officer in possession of the property, or risk forfeiture of the

property as provided in this section.

(b) At any time

after the final disposition of a charge relating to a violation of this part,

the commissioner may serve notice upon the defendant, stating that the property

shall be forfeited unless the defendant reclaims and removes the property

within 60 days of receipt of written notice.

(c) Written

notice may be delivered personally or by certified mail. If notice is provided

by mail, notice shall be deemed received three days after mailing by the

department. Written notice that is mailed shall be sent to the defendant at the

address indicated on the citation on which the seizure was based.

(d) Property

unclaimed after 60 days from the date of receipt of notice shall be forfeited

to the state and, at the discretion of the commissioner, may be destroyed, sold

or donated to a governmental entity, nonprofit organization or children's camp.

(e) If the state

has knowledge that the seized property is owned by a person other than the

defendant and the state wishes to dispose of the property, the state shall make

a reasonable attempt to identify the owner and provide notice to that person in

accordance with subsections (b) and (c) of this section.

(f) A person

claiming to be the bona fide owner of the seized property who is not the

defendant may provide evidence of ownership to the fish and wildlife warden or

officer in possession of the property, and, if satisfied that the person is the

bona fide owner, the warden or officer shall release the property to such

person.

(g) After final

disposition of a charge related to the seizure of the property, if the owner of

the seized property is unknown, the commissioner may publish notice twice, 14

days apart, in a newspaper of general circulation in the county where the

evidence was seized. The notice shall include a description of the property,

and if known, the date when the property was seized and the place where the

property was seized. The notice shall state that the property is in the

possession of the commissioner, and that claims should be directed to the

commissioner. If no person claims the property within 60 days of the date of

the first publication of notice, the property shall be forfeited to the

commissioner. At the discretion of the commissioner, the property may be

destroyed, sold or donated to a governmental entity, nonprofit organization or

children's camp.

(h) This section

shall not apply to property seized as evidence of a violation of sections 4304,

4513, 4606, or 4747 of this title.

(i) Proceeds

realized from property that the commissioner has sold under this section shall

be deposited in the fish and wildlife fund. (Added 2001, No. 80 (Adj. Sess.), §

1, eff. April 17, 2002.)