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Utah Code Title 77. Utah Code of Criminal Procedure § 77-11b-203. Mandatory return of seized property subject to forfeiture

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

(1) Except for property that is required to be retained or preserved under Chapter 11c, Retention of Evidence, an agency shall promptly return seized property to a claimant 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 77-11b-301(3);

(ii) files a petition to transfer the property to another agency in accordance with Section 77-11a-205; or

(iii) files a civil forfeiture complaint under Section 77-11b-302; or

(b) the prosecuting attorney or a federal prosecutor obtains a restraining order under Subsection 77-11b-301(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 77-11a-304 and the claimant has an extension to provide additional information on the claim under Subsection 77-11a-304(1)(d), the deadline under Subsection (1) may be extended by 15 days.

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Cite this article: FindLaw.com - Utah Code Title 77. Utah Code of Criminal Procedure § 77-11b-203. Mandatory return of seized property subject to forfeiture - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-77-utah-code-of-criminal-procedure/ut-code-sect-77-11b-203/

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