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Utah Code
2021 Utah Code
Title 24 - Forfeiture and Disposition of Property Act
Chapter 2 - Seizure of Property
Section 106 - Retention of property.
Universal Citation:
UT Code § 24-2-106 (2021)
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on the American Association of Law Libraries Universal Citation Guide and is not
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Effective 5/5/2021
24-2-106. Retention of property.
Renumbered and Amended by Chapter 230, 2021 General Session
24-2-106. Retention of property.
- (1) If seized property is admitted into evidence during a court proceeding, the clerk of the court shall:
- (a) retain the property; or
- (b) return the property to the custody of the agency.
- (2) The agency shall retain seized or forfeited property:
- (a) at the discretion of the prosecuting attorney; or
- (b) until all direct appeals and retrials are final.
- (3) If the prosecuting attorney decides to retain control over the seized or forfeited property under Subsection (2)(a) in anticipation of possible collateral attacks upon the judgment or for use in a potential prosecution, the prosecuting attorney may decline to authorize the disposal of the property.
Renumbered and Amended by Chapter 230, 2021 General Session
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