TITLE 19

CRIMINAL PROCEDURE

CHAPTER 38

DISPOSAL OF PROPERTY ILLEGALLY HELD BY DEFENDANT

19-3807.  Confiscation of firearms, explosives or contraband upon conviction. (1) At the time any person is convicted of a felony in any court of the state of Idaho, firearms, ammunition, bombs, nitroglycerin, or explosives of any nature, including illegal fireworks, or any other deadly weapons or contraband of any kind found in his possession or under his control at the time of his arrest may be confiscated and disposed of in accordance with the order of the court before which such person was tried. "Contraband" as used in this section shall mean any personal property, possession of which is illegal under the laws of the state of Idaho or the United States.

(2)  Notice of confiscation proceedings shall be given to each owner or person who is believed to have an interest in the property in question by serving a copy of the state’s motion describing the property with a notice of hearing on the motion as follows:

(a)  Upon each owner or interested party whose name and address is known, by mailing a copy of the state’s motion to confiscate and notice of hearing by certified mail to the owner or party’s last known address, or to his attorney;

(b)  Upon all other owners or interested parties whose addresses are unknown, but who are believed to have an interest in the property, by publishing one (1) notice in a newspaper of general circulation in the county where the property was seized.

(3)  Within twenty (20) days after the mailing or publication of the notice, the owner of the property in question and any other interested party may file with the court a claim to the property described in the motion to confiscate.

(4)  If one (1) or more claims are filed, the confiscation proceeding shall be set for hearing at least thirty (30) days after the last timely claim is filed.

(5)  At the confiscation hearing any person who has filed a timely claim may show by competent evidence that the property in question was not in the possession or control of the defendant at the time of his arrest or that the owner is innocent of any involvement in the acts which led to the defendant’s arrest, in which case the court may return the property to the owner or interested person or order any other disposition which is appropriate under the circumstances.

(6)  If no claim has been filed within twenty (20) days after the state’s motion to confiscate and notice of hearing has been mailed or published, the court shall hear evidence concerning the defendant’s possession and control of the property in question at the time of arrest. If it finds that the property was in the defendant’s possession and control at the time of arrest or, if pursuant to subsection (5) of this section, the court rejects any claim which has been filed, the court may direct the delivery to the law enforcement agency which apprehended the defendant, for its use or for any other disposition in its discretion or, in the case of a firearm or ammunition, the court shall direct the delivery to the law enforcement agency which apprehended the defendant for disposition in accordance with section 55-403(4), Idaho Code.

History:

[19-3807, added 1941, ch. 53, sec. 1, p. 112; am. 1984, ch. 177, sec. 1, p. 424; am. 2005, ch. 217, sec. 1, p. 690.]