Section 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 or forfeited property:
  • (a) at the discretion of the prosecuting attorney; or
  • (b) until all direct appeals and retrials are final.

• (3) If the prosecuting attorney decides to retain control over the seized or forfeited property under Subsection (2)(a) in anticipation of possible collateral attacks upon the judgment or for use in a potential prosecution, the prosecuting attorney may decline to authorize the disposal of the property.

Amended by Chapter 120, 2022 General Session