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2021 Utah Code
Title 24 - Forfeiture and Disposition of Property Act
Chapter 4 - Forfeiture of Seized Property
Section 103.5 - Mandatory return of seized property.

Universal Citation:
UT Code § 24-4-103.5 (2021)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
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Effective 5/5/2021
24-4-103.5. Mandatory return of seized property.
  • (1) An agency shall promptly return property seized under this title, and the prosecuting attorney may take no further action to forfeit the property, unless within 75 days after the day on which the property is seized:
    • (a) the prosecuting attorney:
      • (i) files a criminal indictment or information under Subsection 24-4-105(3);
      • (ii) files a petition to transfer the property to another agency in accordance with Section 24-2-105;
      • (iii) files a civil forfeiture complaint under Section 24-4-104; or
    • (b) the prosecuting attorney or a federal prosecutor obtains a restraining order under Subsection 24-4-105(4).
  • (2)
    • (a) The prosecuting attorney may file a petition to extend the deadline under Subsection (1) by 21 days.
    • (b) If a prosecuting attorney files a petition under Subsection (2)(a), and the prosecuting attorney provides good cause for extending the deadline, a court shall grant the petition.
    • (c) The prosecuting attorney may not file more than one petition under this Subsection (2).
  • (3) If a prosecuting attorney is unable to file a civil forfeiture complaint under Subsection (1)(a)(iii) because a claimant has filed a claim under Section 24-2-108 and the claimant has an extension to provide additional information on the claim under Subsection 24-2-108(1)(d), the deadline under Subsection (1) may be extended by 15 days.


Enacted by Chapter 230, 2021 General Session
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