2006 Utah Code - 24-1-15 — Transfer and sharing procedures.

     24-1-15.   Transfer and sharing procedures.
     (1) For purposes of this section, property is considered to be "seized" whenever any agency takes possession of the property or exercises any degree of control over the property.
     (2) (a) Seizing agencies or prosecuting attorneys authorized to bring civil or criminal forfeiture proceedings under this chapter may not directly or indirectly transfer seized property to any federal agency or any governmental entity not created under and subject to state law unless the court enters an order, upon petition of the prosecuting attorney, authorizing the property to be transferred. The court may not enter an order authorizing a transfer unless:
     (i) the activity giving rise to the investigation or seizure is interstate in nature and sufficiently complex to justify the transfer;
     (ii) the seized property may only be forfeited under federal law; or
     (iii) pursuing forfeiture under state law would unreasonably burden prosecuting attorneys or state law enforcement agencies.
     (b) Notwithstanding Subsection (2)(a), the court may refuse to enter an order authorizing a transfer to the federal government if the transfer would circumvent the protections of the Utah Constitution or of this chapter that would otherwise be available to the property owner.
     (c) Prior to granting any order to transfer pursuant to Subsection (2)(a), the court must give any owner the right to be heard with regard to the transfer.
     (3) (a) Subject to Subsection (3)(b), all property, money, or other things of value received by an agency pursuant to federal law which authorizes the sharing or transfer of all or a portion of forfeited property or the proceeds of the sale of forfeited property to an agency:
     (i) shall be used in compliance with federal rules and regulations relating to equitable sharing;
     (ii) shall be used only for those law enforcement purposes specified in Subsection 24-1-19(8); and
     (iii) may not be used for those law enforcement purposes prohibited in Subsection 24-1-19(9).
     (b) If an agency receives forfeiture proceeds under Subsection (3)(a) that equal an amount that is more than 25% greater than the annual budget of the receiving agency, the amount of the proceeds that is in excess of 125% of the agency's annual budget shall be passed through by the agency to the Commission on Criminal and Juvenile Justice to be used for the purposes under Section 24-1-19.
     (c) Subject to Subsection (3)(a), state agencies are encouraged to seek an equitable share of property forfeited by the federal government and to cooperate with federal law enforcement agencies in all cases in which cooperation is in the interest of this state.
     (d) A law enforcement agency awarded any equitable share of property forfeited by the federal government may only use the award monies after approval or appropriation by the agency's legislative body.
     (e) Law enforcement agencies are entitled to their equitable share of property forfeited by the federal government since March 29, 2001.
     (f) (i) Each agency awarded any equitable share of property forfeited by the federal government shall file copies of all federal equitable sharing certifications, applications, and reports with the state auditor and the Commission on Criminal and Juvenile Justice at least annually.
     (ii) This information shall provide details of all awards received from the federal

government during the preceding reporting period, including for each award:
     (A) the agency's case number or other identification;
     (B) the amount of the award;
     (C) the date of the award;
     (D) the identity of the federal agency involved in the forfeiture;
     (E) how the awarded property has been used; and
     (F) a statement signed by both the agency's executive officer or designee and by the agency's legal counsel, that the agency has only used the awarded property for crime reduction or law enforcement purposes authorized under Section 24-1-19, and only upon approval or appropriation by the agency's legislative body.
     (4) (a) Any agency that violates Subsection (2) or (3) is civilly liable to the state for three times the amount of the forfeiture diverted and for costs of suit and reasonable attorneys' fees.
     (b) Any damages awarded to the state shall be paid to the Criminal Forfeiture Restricted Account created in Section 24-1-18.
     (c) Any agent, including a state law enforcement officer, detached to, deputized or commissioned by, or working in conjunction with a federal agency, who knowingly transfers or otherwise trades seized property in violation of Subsection (2)(a) or who receives property, money, or other things of value under Subsection (3)(a) and knowingly fails to transfer the property in accordance with this section is guilty of a class B misdemeanor.

Amended by Chapter 296, 2004 General Session