(1) As used in this section:
(a) "Damage or other injury" does not mean normal depreciation, deterioration, or ordinary wear and tear of the property.
(b) "Wildlife" means the same as that term is defined in Section 23A-1-101.
(2) If seized property is returned under this chapter, a claimant has a civil right of action against an agency for a claim based upon the negligent destruction, loss, or damage or other injury to seized property while in the possession or custody of the agency.
(3) This section does not apply to wildlife or parts of wildlife that are seized for an offense under Title 23A, Wildlife Resources Act.