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2022 Utah Code
Title 24 - Forfeiture and Disposition of Property Act
Chapter 3 - Disposal of Property
Section 103 - Disposition of property.
Universal Citation: UT Code § 24-3-103 (2022)
Effective 5/5/2021
24-3-103. Disposition of property.
Amended by Chapter 230, 2021 General Session
24-3-103. Disposition of property.
- (1) If a prosecuting attorney determines that seized property no longer needs to be retained for court proceedings, the prosecuting attorney may:
- (a) petition the court to apply the property that is money towards restitution, fines, fees, or monetary judgments owed by the owner of the property;
- (b) petition the court for an order transferring ownership of any weapons to the agency with custody for the agency's use and disposal in accordance with Section 24-3-103.5, if the owner:
- (i) is the individual who committed the offense for which the weapon was seized; or
- (ii) may not lawfully possess the weapon; or
- (c) notify the agency with custody of the property or contraband that:
- (i) the property may be returned to the rightful owner if the rightful owner may lawfully possess the property; or
- (ii) the contraband may be disposed of or destroyed.
- (2) The agency shall exercise due diligence in attempting to notify the rightful owner of the property to advise the owner that the property is to be returned.
- (3)
- (a) For a computer determined to be contraband, a court may order the reasonable extraction and return of specifically described personal digital data to the rightful owner.
- (b) The law enforcement agency shall determine a reasonable cost to extract the data.
- (c) At the time of the request to extract the data, the owner of the computer shall pay the agency the cost to extract the data.
- (4)
- (a) Before an agency may release seized property to a person claiming ownership of the property, the person shall establish in accordance with Subsection (4)(b) that the person:
- (i) is the rightful owner; and
- (ii) may lawfully possess the property.
- (b) The person shall establish ownership under Subsection (4)(a) by providing to the agency:
- (i) identifying proof or documentation of ownership of the property; or
- (ii) a notarized statement if proof or documentation is not available.
- (a) Before an agency may release seized property to a person claiming ownership of the property, the person shall establish in accordance with Subsection (4)(b) that the person:
- (5)
- (a) When seized property is returned to the owner, the owner shall sign a receipt listing in detail the property that is returned.
- (b) The agency shall:
- (i) retain a copy of the receipt; and
- (ii) provide a copy of the receipt to the owner.
- (6)
- (a) Except as provided in Subsection (6)(b), if the agency is unable to locate the rightful owner of the property or the rightful owner is not entitled to lawfully possess the property, the agency may:
- (i) apply the property to a public interest use;
- (ii) sell the property at public auction and apply the proceeds of the sale to a public interest use; or
- (iii) destroy the property if the property is unfit for a public interest use or for sale.
- (b) If the property described in Subsection (6)(a) is a firearm, the agency shall dispose of the firearm in accordance with Section 24-3-103.5.
- (a) Except as provided in Subsection (6)(b), if the agency is unable to locate the rightful owner of the property or the rightful owner is not entitled to lawfully possess the property, the agency may:
- (7) Before applying the property or the proceeds from the sale of the property to a public interest use, the agency shall obtain from the legislative body of the agency's jurisdiction:
- (a) permission to apply the property or the proceeds to public interest use; and
- (b) the designation and approval of the public interest use of the property or the proceeds.
- (8) If a peace officer seizes property that at the time of seizure is held by a pawn or secondhand business in the course of the pawn or secondhand business's business, the provisions of Section 13-32a-116 shall apply to the disposition of the property.
Amended by Chapter 230, 2021 General Session
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