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Utah Code Title 77. Utah Code of Criminal Procedure § 77-11a-402. Disposition of seized property and contraband--Return of seized property

Current as of January 01, 2025 | Updated by Findlaw Staff

(1)(a) Except as provided in Subsection (1)(b), if a prosecuting attorney determines that seized property no longer needs to be retained as evidence under Chapter 11c, Retention of Evidence, the prosecuting attorney may:

(i) petition the court to apply the property that is money towards restitution, fines, fees, or monetary judgments owed by the owner of the property;

(ii) petition the court for an order transferring ownership of weapons to the agency with custody for the agency's use and disposal in accordance with Section 77-11a-403 if the owner:

(A) is the individual who committed the offense for which the weapon was seized; or

(B) may not lawfully possess the weapon; or

(iii) notify the agency with custody of the property or contraband that:

(A) the property may be returned to the owner in accordance with Section 77-11a-301 if the owner may lawfully possess the property; or

(B) the contraband may be disposed of or destroyed.

(b) If a prosecuting attorney determines that a firearm seized from an individual as a result of an offense committed under Subsection 76-10-529(2)(a)(i) no longer needs to be retained for court proceedings, the prosecuting attorney shall notify the agency with custody of the firearm that the property shall be returned to the individual if the individual may lawfully possess the firearm.

(2) Before returning a firearm to an individual, the agency returning the firearm shall confirm, through the Bureau of Criminal Identification, that the individual is eligible to lawfully possess and receive firearms.

(3)(a) Except as provided in Subsection (3)(b), if the agency is unable to locate the owner of the property or the 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 (3)(a) is a firearm, the agency shall dispose of the firearm in accordance with Section 77-11a-403.

(4) 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.

(5) 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.

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Cite this article: FindLaw.com - Utah Code Title 77. Utah Code of Criminal Procedure § 77-11a-402. Disposition of seized property and contraband--Return of seized property - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-77-utah-code-of-criminal-procedure/ut-code-sect-77-11a-402/

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