Section 103 – Property seized by a peace officer.

• (1) To disclaim an ownership interest in property at the time of seizure, an individual’s disclaimer of the property shall be knowing and voluntary.

• (2) If property is seized, the peace officer or the peace officer’s employing agency shall provide a receipt to the person from which the property is seized.

• (3) The receipt shall describe the:
  • (a) property seized;
  • (b) date of seizure; and
  • (c) name and contact information of the peace officer’s employing agency.

• (4) In addition to the receipt, the peace officer or agency shall provide the person with:
  • (a) information on:
    • (i) the time periods for the forfeiture of property; and
    • (ii) what happens to property upon a conviction or acquittal of the offense subjecting the property to seizure; and
  • (b) a web link or referral to the self-help webpage of the Utah Courts’ website for resources that may assist the person in making a claim for the return of seized property.

• (5) The agency shall maintain a copy of the receipt provided in accordance with Subsection (2).

• (6) If custody of the property is transferred to another agency, the transferring agency shall provide the other agency a copy of the receipt under Subsection (2) and the name of the person from which the property was seized.

Amended by Chapter 230, 2021 General Session