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: […]
Section 104 – Civil forfeiture procedure.
Effective 5/5/2021 24-4-104. Civil forfeiture procedure. (1) (a) A prosecuting attorney may commence a civil action to forfeit seized property by filing a complaint. (b) The complaint under Subsection (1)(a) shall describe with reasonable particularity: (i) the property that the agency is seeking to forfeit; (ii) the date and place of seizure; and (iii) the […]
Section 105 – Criminal forfeiture procedure.
Effective 5/4/2022 24-4-105. Criminal forfeiture procedure. (1) As used in this section, “defendant” means a claimant who is criminally prosecuted for the offense subjecting the property to forfeiture under Subsection 24-4-102(1). (2) A prosecuting attorney may seek forfeiture of the defendant’s interest in seized property through the criminal case. (3) If the prosecuting attorney seeks […]
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 104 – Custody of seized property and contraband.
Effective 5/4/2022 24-2-104. Custody of seized property and contraband. (1) If a peace officer seizes property or contraband under Section 24-2-102, the property and contraband: (a) is not recoverable by replevin; and (b) is considered in the custody of the agency that employed the peace officer. (2) An agency with custody of seized property shall: […]
Section 105 – Transfer and sharing procedures.
Effective 5/4/2022 24-2-105. Transfer and sharing procedures. (1) Except as provided in Subsections (3)(a), (b), and (c), upon the seizure of property by a peace officer under this title, the property is subject to the exclusive jurisdiction of a district court of this state. (2) Except as provided in Subsection (3), a peace officer, agency, […]
Section 106 – Retention of property.
Effective 5/4/2022 24-2-106. Retention of property. (1) If seized property is admitted into evidence during a court proceeding, the clerk of the court shall: (a) retain the property; or (b) return the property to the custody of the agency. (2) Subject to Title 53, Chapter 20, Forensic Biological Evidence Preservation, the agency shall retain seized […]