2010 Utah Code
Title 24 - Forfeiture Procedures
Chapter 01 - Utah Uniform Forfeiture Procedures Act
24-1-3 - Definitions.

24-1-3. Definitions.
As used in this section:
(1) "Account" means the Criminal Forfeiture Restricted Account created in Section 24-1-18.
(2) "Agency" means any agency of municipal, county, or state government, including law enforcement agencies, law enforcement personnel, and multi-jurisdictional task forces.
(3) "Claimant" means:
(a) any owner of property as defined in this section;
(b) any interest holder as defined in this section; and
(c) any other person or entity who asserts a claim to any property seized for forfeiture under this section.
(4) "Complaint" means a civil complaint seeking the forfeiture of any real or personal property pursuant to this chapter.
(5) "Constructive seizure" means a seizure of property where the property is left in the control of the owner and the seizing agency posts the property with notice of seizure by that agency for forfeiture.
(6) "Contraband" means any property, item, or substance which is unlawful to produce or to possess under state or federal law.
(7) (a) "Innocent owner" means an owner or interest holder who held an ownership
interest in property at the time the conduct subjecting the property to seizure occurred, and:
(i) did not have actual knowledge of the conduct subjecting the property to seizure; or
(ii) upon learning of the conduct subjecting the property to seizure, took reasonable steps to prohibit the illegal use of the property.
(b) "Innocent owner" means an owner or interest holder who acquired an ownership interest in the property and who had no knowledge that the illegal conduct subjecting the property to seizure had occurred or that the property had been seized for forfeiture, and:
(i) acquired the property in a bona fide transaction for value;
(ii) was a person, including a minor child, who acquired an interest in the property through probate or inheritance; or
(iii) was a spouse who acquired an interest in property through dissolution of marriage or by operation of law.
(8) (a) "Interest holder" means a secured party as defined in Section 70A-9a-102, a mortgagee, lien creditor, or the beneficiary of a security interest or encumbrance pertaining to an interest in property, whose interest would be perfected against a good faith purchaser for value.
(b) "Interest holder" does not mean a person who holds property for the benefit of or as an agent or nominee for another person, or who is not in substantial compliance with any statute requiring an interest in property to be recorded or reflected in public records in order to perfect the interest against a good faith purchaser for value.
(9) "Legal costs" means the costs and expenses incurred by the prosecuting agency, not to exceed 20% of the net value of the forfeited property.
(10) "Legislative body" means:
(a) (i) the state Legislature, county commission, county council, city commission, city council, or town council that has fiscal oversight and budgetary approval authority over a seizing agency; or
(ii) the seizing agency's governing political subdivision; or

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(b) the lead governmental entity of a multijurisdictional task force, as designated in a memorandum of understanding executed by the agencies participating in the task force.
(11) "Multijurisdictional task force" means a law enforcement task force or other agency comprised of persons who are employed by or acting under the authority of different governmental authorities, including federal, state, county or municipal governments, or any combination of these agencies.
(12) "Owner" means any person or entity, other than an interest holder as defined in this section, that possesses a bona fide legal or equitable interest in real or personal property.
(13) "Program" means the Crime Reduction Assistance Program created in Section 24-1-19.
(14) "Property" means all property, whether real or personal, tangible or intangible.
(15) "Prosecuting attorney" means:
(a) the state attorney general and any assistant attorney general;
(b) any district attorney or deputy district attorney;
(c) any county attorney or assistant county attorney; and
(d) any other attorney authorized to commence an action on behalf of the state under this chapter or other provisions of state law.
(16) "Seize for forfeiture" means seizure of property:
(a) by a law enforcement officer or law enforcement agency, including a constructive seizure; and
(b) accompanied by an assertion by the officer or agency or by a prosecuting attorney that the property is seized for forfeiture in accordance with this chapter.

Amended by Chapter 272, 2007 General Session