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Utah Code
2021 Utah Code
Title 24 - Forfeiture and Disposition of Property Act
Chapter 4 - Forfeiture of Seized Property
Section 103 - Initiating forfeiture proceedings -- Notice of intent to seek forfeiture.
Universal Citation:
UT Code § 24-4-103 (2021)
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Effective 5/5/2021
24-4-103. Initiating forfeiture proceedings -- Notice of intent to seek forfeiture.
Amended by Chapter 230, 2021 General Session
24-4-103. Initiating forfeiture proceedings -- Notice of intent to seek forfeiture.
- (1)
- (a) If an agency seeks to forfeit property seized under this title, the agency shall serve a notice of intent to seek forfeiture to any known claimant within 30 days after the day on which the property is seized.
- (b) The notice of intent to seek forfeiture shall describe:
- (i) the date of the seizure;
- (ii) the property seized;
- (iii) the claimant's rights and obligations under this chapter, including the availability of hardship relief in appropriate circumstances; and
- (iv) the statutory basis for the forfeiture, including the judicial proceedings by which the property may be forfeited under this chapter.
- (c) The agency shall serve the notice of intent to seek forfeiture by:
- (i) certified mail, with a return receipt requested, to the claimant's known address; or
- (ii) personal service.
- (d) A court may void a forfeiture made without notice under Subsection (1)(a), unless the agency demonstrates:
- (i) good cause for the failure to give notice to the claimant; or
- (ii) that the claimant had actual notice of the seizure.
- (2) If an agency sends a notice of intent to forfeit seized property under Subsection 24-4-103(1), an individual or entity may not alienate, convey, sequester, or attach the property until a court:
- (a) issues a final order to dismiss an action under this title; or
- (b) orders the forfeiture of the property.
- (3)
- (a)
- (i) If an agency has served each claimant with a notice of intent to seek forfeiture, the agency shall present a written request for forfeiture to the prosecuting attorney of the municipality or county where the property is seized.
- (ii) The agency shall provide the request under Subsection (3)(a)(i) no later than 45 days after the day on which the property is seized.
- (b) The written request described in Subsection (3)(a) shall:
- (i) describe the property that the agency is seeking to forfeit; and
- (ii) include a copy of all reports, supporting documents, and other evidence that is necessary for the prosecuting attorney to determine the legal sufficiency for filing a forfeiture action.
- (c) The prosecuting attorney shall:
- (i) review the written request described in Subsection (3)(a)(i); and
- (ii) within 75 days after the day on which the property is seized, decline or accept, in writing, the agency's written request for the prosecuting attorney to initiate a proceeding to forfeit the property.
- (a)
Amended by Chapter 230, 2021 General Session
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