287.1119 Motion by owner for return of large carnivore; hearing; establishment of probable cause; burden of proof; admissibility of testimony in criminal prosecution.
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287.1119 Motion by owner for return of large carnivore; hearing; establishment of probable cause; burden of proof; admissibility of testimony in criminal prosecution.
Sec. 19.
(1)The owner of a large carnivore may file a motion with the court having jurisdiction to return the large carnivore on the grounds that the large carnivore was illegally seized or that the large carnivore is not subject to forfeiture under this act. The court shall hear the motion within 30 days after the motion is filed.
(2)At the hearing on the motion filed under subsection (1), the attorney general, or the attorney for the local unit in which the large carnivore was seized, shall establish probable cause to believe that the large carnivore is subject to forfeiture under this act and, if the owner claims the large carnivore was illegally seized, that the large carnivore was properly seized.
(3)If the attorney general or the attorney for the local unit in which the large carnivore was seized fails to sustain his or her burden of proof under subsection (2), the court shall order the return of the large carnivore.
(4)The testimony of a person at a hearing held under this section is not admissible against him or her in any criminal proceeding except in a criminal prosecution for perjury. The testimony of a person at a hearing held under this section does not waive the person's constitutional right against self-incrimination.
History: 2000, Act 274 , Imd. Eff. July 7, 2000