Utah Code 77-11b-101. Definitions
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As used in this chapter:
(1)
Terms Used In Utah Code 77-11b-101
- Agency: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11b-101
- Asset forfeiture: A procedure by which a person's property is seized to pay judgments levied by the court.
- Claimant: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11b-101
- Commission: means the State Commission on Criminal and Juvenile Justice created in Section 63M-7-201. See Utah Code 77-11b-101
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Peace officer: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11b-101
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source:
- Program: means the State Asset Forfeiture Grant Program created in Section 77-11b-403. See Utah Code 77-11b-101
- Property: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11b-101
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Verdict: The decision of a petit jury or a judge.
(1)(a) “Acquitted” means a finding by a jury or a judge at trial that a claimant is not guilty.
(1)(b) “Acquitted” does not include:
(1)(b)(i) a verdict of guilty on a lesser or reduced charge;
(1)(b)(ii) a plea of guilty to a lesser or reduced charge; or
(1)(b)(iii) dismissal of a charge as a result of a negotiated plea agreement.
(2) “Agency” means the same as that term is defined in Section 77-11a-101.
(3) “Claimant” means the same as that term is defined in Section 77-11a-101.
(4) “Commission” means the State Commission on Criminal and Juvenile Justice created in Section 63M-7-201.
(5) “Complaint” means a civil or criminal complaint seeking the forfeiture of any property under this chapter.
(6) “Forfeit” means to divest a claimant of an ownership interest in property seized under Section 77-11a-201.
(7) “Innocent owner” means the same as that term is defined in Section 77-11a-101.
(8) “Interest holder” means the same as that term is defined in Section 77-11a-101.
(9) “Known address” means:
(9)(a) any address provided by a claimant to the peace officer or agency at the time the property is seized; or
(9)(b) the claimant’s most recent address on record with a governmental entity if no address was provided at the time of the seizure.
(10) “Legal costs” means the costs and expenses incurred by a party in a forfeiture action.
(11) “Legislative body” means the same as that term is defined in Section 77-11a-101.
(12) “Peace officer” means the same as that term is defined in Section 77-11a-101.
(13) “Proceeds” means the same as that term is defined in Section 77-11a-101.
(15) “Property” means the same as that term is defined in Section 77-11a-101.
(16) “Prosecuting attorney” means the same as that term is defined in Section 77-11a-101.
(17) “Seized property” means the same as that term is defined in Section 77-11a-101.