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 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 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 […]