Reimbursement of investigation operational expenses

(1) As used in this section: (a) "Contraband" means a property, item, or substance that is unlawful to produce or to possess under state or federal law. (b) "Operational expense" means money expended by the Division of Law Enforcement to: (i) acquire one of the following that is being used in a commercial venture: (A) a necessary service; (B) a necessary authorization; (C) contraband; or (D) property unlawfully possessed by a person; and (ii) further or sustain an ongoing investigation, including an expense for a covert activity. (2) A person shall reimburse the Division of Law Enforcement for an operational expense from an investigation when the person in a court of law: (a) is convicted of: (i) unlawful taking, unlawful possession, or wanton destruction of protected wildlife under this title; (ii) a violation of Chapter 4, Part 12, Guide and Outfitter; or (iii) a violation of Subsection 23A-5-309(1)(y); (b) enters into a plea in abeyance agreement, in which the person pleads guilty or no contest to an offense listed in Subsection (2)(a), and the plea is held in abeyance; or (c) is charged with committing an offense listed in Subsection (2)(a), and the person enters into a diversion agreement that suspends the prosecution of the offense. (3) The Division of Law Enforcement shall document an operational expense from an investigation. (4) The Division of Law Enforcement shall deposit money collected under this section into the Poaching Mitigation Fund created in Section 23A-3-217.