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
Section 110 – Attorney fees and costs.
Effective 5/5/2021 24-4-110. Attorney fees and costs. (1) In a forfeiture proceeding under this chapter, a court shall award reasonable legal costs and attorney fees to a prevailing claimant. (2) If a court awards legal costs and attorney fees to a prevailing claimant under Subsection (1), the award may not exceed 50% of the value […]
Section 102 – Property subject to forfeiture.
Effective 5/4/2022 24-4-102. Property subject to forfeiture. (1) Except as provided in Subsection (2), (3), or (4), an agency may seek to forfeit: (a) seized property that was used to facilitate the commission of an offense that is a violation of federal or state law; and (b) seized proceeds. (2) If seized property is used […]
Section 103 – Initiating forfeiture proceedings — Notice of intent to seek forfeiture.
Effective 5/4/2022 24-4-103. Initiating forfeiture proceedings — Notice of intent to seek forfeiture. (1) (a) If an agency seeks to forfeit property seized under this title, the agency shall serve a notice of intent to seek forfeiture to any known claimant within 30 days after the day on which the property is seized. (b) The […]
Section 103.3 – Sale of seized property.
Effective 5/4/2022 24-4-103.3. Sale of seized property. (1) (a) Subject to Subsection (2) and Title 53, Chapter 20, Forensic Biological Evidence Preservation, the court may order seized property, for which a forfeiture proceeding is pending, to: (i) be sold, leased, rented, or operated to satisfy a specified interest of any claimant; or (ii) preserve the […]
Section 103.5 – Mandatory return of seized property.
Effective 5/4/2022 24-4-103.5. Mandatory return of seized property. (1) Subject to Title 53, Chapter 20, Forensic Biological Evidence Preservation, an agency shall promptly return property seized under this title, and the prosecuting attorney may take no further action to forfeit the property, unless within 75 days after the day on which the property is seized: […]