Utah Code 77-11a-402. Disposition of seized property and contraband — Return of seized property
Current as of: 2024 | Check for updates
|
Other versions
(1)
Terms Used In Utah Code 77-11a-402
- Agency: includes a law enforcement agency or a multijurisdictional task force. See Utah Code 77-11a-101
- Contraband: includes :(4)(b)(i) a controlled substance that is possessed, transferred, distributed, or offered for distribution in violation of Title 58, Chapter 37, Utah Controlled Substances Act; or(4)(b)(ii) a computer that:(4)(b)(ii)(A) contains or houses child sexual abuse material, or is used to create, download, transfer, upload to a storage account, or store any electronic or digital files containing child sexual abuse material; or(4)(b)(ii)(B) contains the personal identifying information of another individual, as defined in Section 76-6-1101, whether that individual is alive or deceased, and the personal identifying information has been used to create false or fraudulent identification documents or financial transaction cards in violation of Title 76, Chapter 6, Part 5, Fraud. See Utah Code 77-11a-101
- Court: means a municipal, county, or state court. See Utah Code 77-11a-101
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Evidence: means the same as that term is defined in Section 77-11c-101. See Utah Code 77-11a-101
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Legislative body: means :
(12)(a)(12)(a)(i) the Legislature, county commission, county council, city commission, city council, or town council that has fiscal oversight and budgetary approval authority over an agency; or(12)(a)(ii) the agency's governing political subdivision; or(12)(b) the lead governmental entity of a multijurisdictional task force, as designated in a memorandum of understanding executed by the agencies participating in the task force. See Utah Code 77-11a-101- Owner: means an individual or entity, other than an interest holder, that possesses a bona fide legal or equitable interest in property. See Utah Code 77-11a-101
- Pawn or secondhand business: means the same as that term is defined in Section 13-32a-102. See Utah Code 77-11a-101
- Peace officer: means an employee:
(16)(a) of an agency;(16)(b) whose duties consist primarily of the prevention and detection of violations of laws of this state or a political subdivision of this state; and(16)(c) who is authorized by the agency to seize property. See Utah Code 77-11a-101- Proceeds: includes any property of any kind without reduction for expenses incurred in the acquisition, maintenance, or production of that property, or any other purpose regarding property under Subsection (17)(a)(i). See Utah Code 77-11a-101
- Property: means all property, whether real or personal, tangible or intangible. See Utah Code 77-11a-101
- Prosecuting attorney: means :
(19)(a) the attorney general and an assistant attorney general;(19)(b) a district attorney or deputy district attorney;(19)(c) a county attorney or assistant county attorney; and(19)(d) an attorney authorized to commence an action on behalf of the state. See Utah Code 77-11a-101- Public interest use: means a:
(20)(a) use by a government agency as determined by the legislative body of the agency's jurisdiction; or(20)(b) donation of the property to a nonprofit charity registered with the state. See Utah Code 77-11a-101- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Seized property: includes property that the agency seeks to forfeit under Chapter 11b, Forfeiture of Seized Property. See Utah Code 77-11a-101
(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:(1)(a)(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;(1)(a)(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 Section77-11a-403 if the owner:(1)(a)(ii)(A) is the individual who committed the offense for which the weapon was seized; or(1)(a)(ii)(B) may not lawfully possess the weapon; or(1)(a)(iii) notify the agency with custody of the property or contraband that:(1)(a)(iii)(A) the property may be returned to the owner in accordance with Section77-11a-301 if the owner may lawfully possess the property; or(1)(a)(iii)(B) the contraband may be disposed of or destroyed.(1)(b) If a prosecuting attorney determines that a firearm seized from an individual as a result of an offense committed under Subsection76-10-529 (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)(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:(3)(a)(i) apply the property to a public interest use;(3)(a)(ii) sell the property at public auction and apply the proceeds of the sale to a public interest use; or(3)(a)(iii) destroy the property if the property is unfit for a public interest use or for sale.(3)(b) If the property described in Subsection (3)(a) is a firearm, the agency shall dispose of the firearm in accordance with Section77-11a-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:(4)(a) permission to apply the property or the proceeds to public interest use; and(4)(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 Section13-32a-116 shall apply to the disposition of the property.