Section 108 – Recovery of seized property by innocent owner or interest holder.

Effective 5/4/2022
24-2-108. Recovery of seized property by innocent owner or interest holder.

• (1)
  • (a) Subject to Title 53, Chapter 20, Forensic Biological Evidence Preservation, a claimant alleged to be an innocent owner or an interest holder may recover possession of seized property by:
    • (i) submitting a written request with the seizing agency before the later of:
      • (A) the commencement of a civil asset forfeiture proceeding; or
      • (B) 30 days after the day on which the property was seized; and
    • (ii) providing the seizing agency with:
      • (A) evidence that establishes proof of ownership; and
      • (B) a brief description of the date, time, and place that the claimant mislaid or relinquished possession of the seized property, or any evidence that the claimant is an innocent owner or an interest holder.
  • (b) If a seizing agency receives a claim under Subsection (1)(a), the seizing agency shall issue a written response to the claimant within 30 days after the day on which the seizing agency receives the claim.
  • (c) A response under Subsection (1)(b) from the seizing agency shall indicate whether the claim has been granted, denied on the merits, or denied for failure to provide the information required by Subsection (1)(a)(ii).
  • (d)
    • (i) If a seizing agency denies a claim for failure to provide the information required by Subsection (1)(a)(ii), the claimant has 15 days after the day on which the claim is denied to submit additional information.
    • (ii) If a prosecuting attorney has not filed a civil action seeking to forfeit the property and a seizing agency has denied a claim for failure to provide the information required by Subsection (1)(a)(ii), the prosecuting attorney may not commence a civil action until:
      • (A) the claimant has submitted information under Subsection (1)(d)(i); or
      • (B) the deadline for the claimant to submit information under Subsection (1)(d)(i) has passed.
  • (e) If a seizing agency fails to issue a written response within 30 days after the day on which the seizing agency receives the response, the seizing agency shall return the property.

• (2) If a claim under Subsection (1)(a) is granted, or the property is returned because the seizing agency fails to respond within 30 days, a claimant may not receive any expenses, costs, or attorney fees for the returned property.

• (3) A claimant may collect reasonable attorney fees and court costs if:
  • (a) a claimant filed a claim under Subsection (1)(a);
  • (b) the seizing agency denies the claim on the merits; and
  • (c) a court determines that the claimant is an innocent owner or an interest holder in a civil asset forfeiture proceeding.

• (4) If a court grants reasonable attorney fees and court costs, the amount of the attorney fees begins to accrue from the day on which the seizing agency denied the claim.

• (5) If the court grants reasonable attorney fees and court costs under Subsection (3), the attorney fees and court costs are not subject to the 50% cap under Subsection 24-4-110(2).

• (6) A communication between parties regarding a claim submitted under Subsection (3) and any evidence provided to the parties in connection with a claim is subject to the Utah Rules of Evidence, Rules 408 and 410.

• (7) An agency and the prosecuting attorney may not forfeit the seized property of an innocent owner or an interest holder.

Amended by Chapter 120, 2022 General Session
Amended by Chapter 179, 2022 General Session