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2018 Utah Code
Title 24 - Forfeiture and Disposition of Property Act
Chapter 4 - Property Held for Forfeiture
Section 104 - Civil forfeiture procedure.
Universal Citation: UT Code § 24-4-104 (2018)
Effective 5/9/2017
24-4-104. Civil forfeiture procedure.
Amended by Chapter 362, 2017 General Session
24-4-104. Civil forfeiture procedure.
- (1)
- (a) The law enforcement agency shall promptly return seized property, and the prosecuting attorney may take no further action to effect the forfeiture of the property, unless within 75 days after the property is seized the prosecuting attorney:
- (i) files a criminal indictment or information under Subsection 24-4-105(2);
- (ii) obtains a restraining order under Subsection 24-4-105(3);
- (iii) files a petition under Subsection 24-4-114(1); or
- (iv) files a civil forfeiture complaint.
- (b) A complaint for civil forfeiture shall describe with reasonable particularity the:
- (i) property that is the subject of the forfeiture proceeding;
- (ii) date and place of seizure; and
- (iii) factual allegations that constitute a basis for forfeiture.
- (a) The law enforcement agency shall promptly return seized property, and the prosecuting attorney may take no further action to effect the forfeiture of the property, unless within 75 days after the property is seized the prosecuting attorney:
- (2)
- (a) After a complaint is filed, the prosecuting attorney shall serve a copy of the complaint and summons upon each claimant known to the prosecuting attorney within 30 days.
- (b) The prosecuting attorney is not required to serve a copy of the complaint or the summons upon any claimant who has disclaimed, in writing, an ownership interest in the seized property.
- (c) Service of the complaint and summons shall be by:
- (i) personal service;
- (ii) certified mail, return receipt requested, to the claimant's known address; or
- (iii) service by publication, if the prosecuting attorney demonstrates to the court that service cannot reasonably be made by personal service or certified mail.
- (d) Service by publication shall be by publication of two notices, in two successive weeks, of the forfeiture proceeding:
- (i) in a newspaper of general circulation in the county in which the seizure occurred; and
- (ii) on Utah's Public Legal Notice Website established in Subsection 45-1-101(2)(b).
- (e) Service is effective upon the earlier of:
- (i) personal service;
- (ii) mailing of a written notice; or
- (iii) publication.
- (f) Upon motion of the prosecuting attorney and a showing of good cause, the court may extend the period to complete service under this section for an additional 60 days.
- (3)
- (a) In any case where the prosecuting attorney files a complaint for forfeiture, a claimant may file an answer to the complaint.
- (b) The answer shall be filed within 30 days after the complaint is served upon the claimant as provided in Subsection (2)(b).
- (c) When the property subject to forfeiture is valued at less than $10,000, the agency that has custody of the property shall return the property to the claimant if:
- (i)
- (A) the prosecuting attorney has filed a forfeiture complaint, and the claimant has filed an answer through an attorney or pro se, in accordance with Subsections (3)(a) and (b); and
- (B) the prosecuting attorney has not filed an information or indictment for criminal conduct giving rise to the forfeiture within 60 days after the date that service of the forfeiture complaint on the claimant was completed, or has not timely moved a court of competent jurisdiction and demonstrated reasonable cause for an extension of time to file such an information or indictment; or
- (ii) the information or indictment for criminal conduct giving rise to the forfeiture was dismissed and the prosecuting attorney has not refiled the information or indictment within seven days of the dismissal.
- (i)
- (d) The return of property to the claimant under Subsection (3)(c) does not include any expenses, costs, or attorney fees.
- (e) The time limitations in Subsection (3)(c)(i) may be extended for up to 15 days if a claimant timely seeks to recover possession of seized property pursuant to Subsection 24-4-107(8), but shall resume immediately upon the seizing agency's or prosecuting attorney's timely denial of the claim on the merits.
- (4) Except as otherwise provided in this chapter, forfeiture proceedings are governed by the Utah Rules of Civil Procedure.
- (5) The court shall take all reasonable steps to expedite civil forfeiture proceedings and shall give these proceedings the same priority as is given to criminal cases.
- (6) In all suits or actions brought under this section for the civil forfeiture of any property, the burden of proof is on the prosecuting attorney to establish by clear and convincing evidence that the claimant engaged in conduct giving rise to the forfeiture.
- (7) A claimant may file an answer to a complaint for civil forfeiture without posting bond with respect to the property subject to forfeiture.
- (8) Property is subject to forfeiture under this chapter if the prosecuting attorney establishes that:
- (a) the claimant has engaged in conduct giving rise to forfeiture;
- (b) the property was acquired by the claimant during that portion of the conduct that gives rise to forfeiture, or within a reasonable time after that conduct is committed; and
- (c) there is no likely source for the purchase or acquisition of the property other than the conduct that gives rise to forfeiture.
- (9) A finding by the court that property is the proceeds of conduct giving rise to forfeiture does not require proof that the property was the proceeds of any particular exchange or transaction.
- (10) If the prosecutor establishes that the property is subject to forfeiture, but the claimant is subsequently criminally charged with the conduct giving rise to the forfeiture and is acquitted of that charge on the merits:
- (a) the property subject to the forfeiture or the open market value of the property, if the property has been disposed of under Subsection 24-4-108(13), shall be returned to the claimant; and
- (b) any payments required under this chapter regarding the costs of holding the property shall be paid to the claimant.
Amended by Chapter 362, 2017 General Session
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