Kentucky Statutes 150.120 – Seizure and sale of contraband
Current as of: 2024 | Check for updates
|
Other versions
(1) The commissioner, all conservation officers, persons appointed by the commissioner, and all peace officers and their deputies shall seize and take possession of any and all furs, wildlife, guns, dogs, instruments, boats or devices which have been taken, used, transported or possessed contrary to any law or regulation adopted under this chapter. Upon complaint showing probable cause for believing that any of the wildlife protected by any law or regulation are illegally kept in any building, car or receptacle, any court having jurisdiction may issue a search warrant and cause the same to be searched. Any wildlife, furs, guns, dogs, instruments, or devices seized in accordance with this section shall be impounded by the arresting officer and shall be taken before the court trying the person arrested.
(2) Upon conviction, the court trying the case shall have the discretion of determining whether or not any of the things seized under the provisions of subsection (1) of this section shall be declared contraband. Any wildlife, fur or dog taken, and any device used or possessed contrary to the provisions of this chapter, or any regulations adopted hereunder, is subject to being declared contraband. When any such item is declared contraband, the court shall enter an order accordingly. A copy of the order shall be forwarded to the commissioner and the contraband shall be placed in the custody of the arresting officer, to be delivered to the commissioner.
(3) The commissioner may sell to the residents of this state, at the highest market price obtainable, with the approval of the commission all contraband which comes to his or her possession under the order of any court, or which has been seized under this chapter and declared to be contraband under any law relating to fish or wildlife. All proceeds arising from the sale of contraband articles shall be paid into the game and fish fund, and shall be subject to audit by the Auditor of Public Accounts under KRS § 150.152. A record of the sale, including the name of the purchaser and the price paid, shall be kept by the commissioner.
(4) Any device or contrivance, the use of which is not expressly recognized and sanctioned by the provisions of this chapter for the taking of wildlife, is hereby declared to be an illegal device. No person shall have in his or her possession any illegal device or other thing prohibited by law or by any regulation adopted under this chapter for the taking of wildlife.
Effective: March 29, 2023
History: Amended 2023 Ky. Acts ch. 139, sec. 15, effective March 29, 2023. — Amended 1986 Ky. Acts ch. 265, sec. 4, effective July 15, 1986. — Amended 1956
Ky. Acts ch. 115, sec. 9, effective May 18, 1956. — Amended 1952 Ky. Acts ch. 200, sec. 19. — Amended 1948 Ky. Acts ch. 78, sec. 5. — Amended 1942 Ky. Acts ch. 68, sec. 12. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 1954d-21, 1954d-27.
(2) Upon conviction, the court trying the case shall have the discretion of determining whether or not any of the things seized under the provisions of subsection (1) of this section shall be declared contraband. Any wildlife, fur or dog taken, and any device used or possessed contrary to the provisions of this chapter, or any regulations adopted hereunder, is subject to being declared contraband. When any such item is declared contraband, the court shall enter an order accordingly. A copy of the order shall be forwarded to the commissioner and the contraband shall be placed in the custody of the arresting officer, to be delivered to the commissioner.
Terms Used In Kentucky Statutes 150.120
- Commission: means the Department of Fish and Wildlife Resources Commission. See Kentucky Statutes 150.010
- Commissioner: means the commissioner of the Department of Fish and Wildlife
Resources. See Kentucky Statutes 150.010 - Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Conviction: A judgement of guilt against a criminal defendant.
- Device: means any article, instrument, or equipment of whatever nature or kind which may be used to take wild animals, wild birds, or fishes. See Kentucky Statutes 150.010
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Sell: includes offering to sell, having or possessing for sale, barter, exchange, or trade. See Kentucky Statutes 150.010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Take: includes pursue, shoot, hunt, wound, catch, kill, trap, snare, or capture wildlife in any way and any lesser act designed to lure, attract, or entice for these purposes. See Kentucky Statutes 150.010
- Wildlife: means any normally undomesticated animal, alive or dead, including without limitations any wild mammal, bird, fish, reptile, amphibian, or other terrestrial or aquatic life, whether or not possessed in controlled environment, bred, hatched, or born in captivity and including any part, product, egg, or offspring thereof, protected or unprotected by this chapter. See Kentucky Statutes 150.010
(3) The commissioner may sell to the residents of this state, at the highest market price obtainable, with the approval of the commission all contraband which comes to his or her possession under the order of any court, or which has been seized under this chapter and declared to be contraband under any law relating to fish or wildlife. All proceeds arising from the sale of contraband articles shall be paid into the game and fish fund, and shall be subject to audit by the Auditor of Public Accounts under KRS § 150.152. A record of the sale, including the name of the purchaser and the price paid, shall be kept by the commissioner.
(4) Any device or contrivance, the use of which is not expressly recognized and sanctioned by the provisions of this chapter for the taking of wildlife, is hereby declared to be an illegal device. No person shall have in his or her possession any illegal device or other thing prohibited by law or by any regulation adopted under this chapter for the taking of wildlife.
Effective: March 29, 2023
History: Amended 2023 Ky. Acts ch. 139, sec. 15, effective March 29, 2023. — Amended 1986 Ky. Acts ch. 265, sec. 4, effective July 15, 1986. — Amended 1956
Ky. Acts ch. 115, sec. 9, effective May 18, 1956. — Amended 1952 Ky. Acts ch. 200, sec. 19. — Amended 1948 Ky. Acts ch. 78, sec. 5. — Amended 1942 Ky. Acts ch. 68, sec. 12. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 1954d-21, 1954d-27.