MARVIN MANDEL, Governor

1395

REGULATION PROMULGATED PURSUANT TO IT, MAY SEIZE EVERY
BIRD, MAMMAL, REPTILE, AND AMPHIBIAN UNLAWFULLY
CAUGHT, SOLD, OFFERED FOR SALE, TRANSPORTED, OR
POSSESSED. THE DEPARTMENT MAY DISPOSE OF ANY SEIZED
SPECIE OF WILDLIFE AT ITS DISCRETION.

REVISOR'S NOTE: This section is new language
modeled after a similar provision in Title
4, derived from Article 66C, sections 237
and 713(m) of the Code and similar
provisions of Article 66C.

This section is separated from the section
of this subtitle concerning seizure and
disposition of equipment and devices to
emphasize the different manner of
disposition. Since game is a perishable
item, immediate disposal upon seizure by
authorities is desirable.

10-1106. SEIZURE, FORFEITURE, AND DISPOSITION OF
DEVICES, EQUIPMENT, OR PROPERTY; EXCEPTIONS.

(A) SEIZURE, FORFEITURE, AND DISPOSITION OF
DEVICES, EQUIPMENT, OR PROPERTY. - A NATURAL RESOURCES
POLICE OFFICER OR ANY LAW ENFORCEMENT OFFICER, UPON
ARRESTING ANY PERSON FOR VIOLATING ANY PROVISION OF
THIS TITLE OR ANY RULE OR REGULATION PROMULGATED
PURSUANT TO IT, MAY SEIZE ANY DEVICE, EQUIPMENT,
CONVEYANCE, OR PROPERTY UNLAWFULLY USED. IF THE OWNER
OR PERSON IN CHARGE OF THE SEIZED DEVICE, EQUIPMENT,
CONVEYANCE, OR PROPERTY IS CONVICTED, THE COURT MAY
DECLARE THE DEVICE, EQUIPMENT, CONVEYANCE, OR PROPERTY
FORFEITED, IN ADDITION TO ANY OTHER PENALTY PROVIDED
IN THIS TITLE. ANY FORFEITURE BECOMES THE PROPERTY OF
THE DEPARTMENT FOR DISPOSITION AT ITS DISCRETION. IF
THE OWNER IS NOT KNOWN, THE COURT MAY PROCEED EX PARTE
TO HEAR AND DETERMINE ANY QUESTION OF FORFEITURE. IF
THE OWNER OR PERSON CHARGED WITH THE VIOLATION IS NOT
CONVICTED, THE DEVICE, EQUIPMENT, CONVEYANCE, OR
PROPERTY SEIZED SHALL BE RELEASED AND RETURNED TO HIM.

(E) EXCEPTIONS. - THE DEVICE, CONVEYANCE, OR
PROPERTY MAY NOT BE [[SEIZED OR]] FORFEITED IF THE
OWNER WAS NOT A CONSENTING PARTY OR PRIVY TO A
VIOLATION.

REVISOR'S NOTE: Subsection (a) is new language
modeled after an identical provision in
Title 4 which is derived from Article 66C,
sections 238, 240, 241, 310, and other