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 […]
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 […]
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 […]
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: […]
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 […]
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 […]
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
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
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 […]
Effective 5/5/2021 24-4-111. Compensation for damaged property. (1) As used in this section, “damage or other injury” does not mean normal depreciation, deterioration, or ordinary wear and tear of the property. (2) If seized property is returned under this chapter, a claimant has a civil right of action against an agency for a claim based […]
Effective 5/5/2021 24-4-112. Limitation on fees for holding seized property. In any civil or criminal proceeding under this chapter in which a judgment is entered in favor of a claimant, or where a forfeiture proceeding against a claimant is voluntarily dismissed by the prosecuting attorney, an agency may not charge a claimant any fee or […]
Effective 5/5/2021 24-4-113. Proportionality. (1) (a) A claimant’s interest in property that is used to facilitate an offense may not be forfeited under any provision of state law if the forfeiture is substantially disproportionate to the use of the property in committing or facilitating an offense that is a violation of state law and the […]
Effective 5/4/2022 24-4-115. Disposition and allocation of forfeited property. (1) If a court finds that property is forfeited under this chapter, the court shall order the property forfeited to the state. (2) (a) If the property is not currency, the agency shall authorize a public or otherwise commercially reasonable sale of that property if the […]
Effective 5/5/2021 24-4-116. Criminal Forfeiture Restricted Account. (1) There is created within the General Fund a restricted account known as the “Criminal Forfeiture Restricted Account.” (2) Except as provided in Section 24-4-115, the commission shall deposit any proceeds from forfeited property and forfeited money through a forfeiture proceeding under this chapter into the account. (3) […]
Effective 5/5/2021 24-4-117. State Asset Forfeiture Grant Program. (1) There is created the State Asset Forfeiture Grant Program. (2) The program shall fund crime prevention, crime victim reparations, and law enforcement activities that have the purpose of: (a) deterring crime by depriving criminals of the profits and proceeds of their illegal activities; (b) weakening criminal […]
Effective 5/4/2022 24-4-118. Forfeiture reporting requirements. (1) An agency shall provide all reasonably available data described in Subsection (5): (a) if transferring the forfeited property resulting from the final disposition of any civil or criminal forfeiture matter to the commission as required under Subsection 24-4-115(5); or (b) if the agency has been awarded an equitable […]
Effective 5/5/2021 24-4-119. Training requirements. (1) As used in this section: (a) “Council” means the Utah Prosecution Council created in Section 67-5a-1. (b) “Division” means the Peace Officers Standards and Training Division created in Section 53-6-103. (2) To participate in the program, an agency shall have at least one employee who is certified by the […]
