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Utah Code
2021 Utah Code
Title 24 - Forfeiture and Disposition of Property Act
Chapter 3 - Disposal of Property
Section 104 - Petition to return property.
Universal Citation:
UT Code § 24-3-104 (2021)
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Effective 5/5/2021
24-3-104. Petition to return property.
Amended by Chapter 230, 2021 General Session
24-3-104. Petition to return property.
- (1)
- (a) A claimant may file a petition with the court for the return of the property that is being retained as evidence.
- (b) The claimant may file the petition in:
- (i) the court in which criminal proceedings have commenced regarding the offense for which the property is being retained as evidence; or
- (ii) the district court with venue under Section 24-1-103 if there are no pending criminal proceedings.
- (c) A claimant shall serve a copy of the petition on the prosecuting attorney and the agency with custody of the property.
- (2)
- (a) The court shall provide an opportunity for an expedited hearing.
- (b) After the opportunity for an expedited hearing, the court may order that the property is:
- (i) returned to the rightful owner as determined by the court;
- (ii) if the offense subjecting the property to seizure results in a conviction, applied directly or by proceeds of the sale of the property toward restitution, fines, or fees owed by the rightful owner in an amount set by the court;
- (iii) converted to a public interest use;
- (iv) held for further legal action;
- (v) sold at public auction and the proceeds of the sale applied to a public interest use; or
- (vi) destroyed.
- (3) Before the court can order property be returned to a claimant, the claimant shall establish, by clear and convincing evidence, that the claimant:
- (a) is the rightful owner; and
- (b) may lawfully possess the property.
- (4) If the court orders the property to be returned to the claimant, the agency with custody of the property shall return the property to the claimant as expeditiously as possible.
Amended by Chapter 230, 2021 General Session
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