Section 101.5 – Application of this chapter.
Effective 5/4/2022 24-3-101.5. Application of this chapter. The provisions of this chapter do not apply to property: (1) that is subject to the retention requirements under Title 53, Chapter 20, Forensic Biological Evidence Preservation; or (2) for which an agency has filed a notice of intent to seek forfeiture under Section 24-4-103. Amended by Chapter […]
Section 103 – Disposition of property.
Effective 5/5/2021 24-3-103. Disposition of property. (1) If a prosecuting attorney determines that seized property no longer needs to be retained for court proceedings, the prosecuting attorney may: (a) petition the court to apply the property that is money towards restitution, fines, fees, or monetary judgments owed by the owner of the property; (b) petition […]
Section 103.5 – Disposition of firearms no longer needed as evidence.
Effective 1/1/2018 24-3-103.5. Disposition of firearms no longer needed as evidence. (1) As used in this section: (a) “Confiscated or unclaimed firearm” means a firearm that is subject to disposal by an agency under Section 24-3-103 or 53-5c-202. (b) “Department” means the Department of Public Safety created in Section 53-1-103. (c) “Federally licensed firearms dealer” […]
Section 104 – Petition to return property.
Effective 5/5/2021 24-3-104. Petition to return property. (1) (a) A claimant may file a petition with the court for the return of the property that is being retained as evidence. (b) The claimant may file the petition in: (i) the court in which criminal proceedings have commenced regarding the offense for which the property is […]