Section 111 – Compensation for damaged property.
Effective 5/5/2021 24-4-111. Compensation for damaged property. (1) As used in this section, “damage or other injury” does not mean normal depreciation, deterioration, or ordinary wear and tear of the property. (2) If seized property is returned under this chapter, a claimant has a civil right of action against an agency for a claim based […]
Section 112 – Limitation on fees for holding seized property.
Effective 5/5/2021 24-4-112. Limitation on fees for holding seized property. In any civil or criminal proceeding under this chapter in which a judgment is entered in favor of a claimant, or where a forfeiture proceeding against a claimant is voluntarily dismissed by the prosecuting attorney, an agency may not charge a claimant any fee or […]
Section 113 – Proportionality.
Effective 5/5/2021 24-4-113. Proportionality. (1) (a) A claimant’s interest in property that is used to facilitate an offense may not be forfeited under any provision of state law if the forfeiture is substantially disproportionate to the use of the property in committing or facilitating an offense that is a violation of state law and the […]
Section 115 – Disposition and allocation of forfeited property.
Effective 5/4/2022 24-4-115. Disposition and allocation of forfeited property. (1) If a court finds that property is forfeited under this chapter, the court shall order the property forfeited to the state. (2) (a) If the property is not currency, the agency shall authorize a public or otherwise commercially reasonable sale of that property if the […]
Section 116 – Criminal Forfeiture Restricted Account.
Effective 5/5/2021 24-4-116. Criminal Forfeiture Restricted Account. (1) There is created within the General Fund a restricted account known as the “Criminal Forfeiture Restricted Account.” (2) Except as provided in Section 24-4-115, the commission shall deposit any proceeds from forfeited property and forfeited money through a forfeiture proceeding under this chapter into the account. (3) […]
Section 117 – State Asset Forfeiture Grant Program.
Effective 5/5/2021 24-4-117. State Asset Forfeiture Grant Program. (1) There is created the State Asset Forfeiture Grant Program. (2) The program shall fund crime prevention, crime victim reparations, and law enforcement activities that have the purpose of: (a) deterring crime by depriving criminals of the profits and proceeds of their illegal activities; (b) weakening criminal […]
Section 118 – Forfeiture reporting requirements.
Effective 5/4/2022 24-4-118. Forfeiture reporting requirements. (1) An agency shall provide all reasonably available data described in Subsection (5): (a) if transferring the forfeited property resulting from the final disposition of any civil or criminal forfeiture matter to the commission as required under Subsection 24-4-115(5); or (b) if the agency has been awarded an equitable […]
Section 119 – Training requirements.
Effective 5/5/2021 24-4-119. Training requirements. (1) As used in this section: (a) “Council” means the Utah Prosecution Council created in Section 67-5a-1. (b) “Division” means the Peace Officers Standards and Training Division created in Section 53-6-103. (2) To participate in the program, an agency shall have at least one employee who is certified by the […]
Section 106 – Trial by jury.
24-4-106. Trial by jury. The right to trial by jury applies to forfeiture proceedings under this chapter. Enacted by Chapter 394, 2013 General Session
Section 109 – Postjudgment interest.
Effective 5/5/2021 24-4-109. Postjudgment interest. In a proceeding to forfeit currency or other negotiable instruments under this chapter, the court shall award postjudgment interest to a prevailing party on the currency or negotiable instruments at the interest rate established under Section 15-1-4. Amended by Chapter 230, 2021 General Session