2005 Idaho Code - 19-3807 — CONFISCATION OF FIREARMS, EXPLOSIVES OR CONTRABAND UPON CONVICTION

                                  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.