Utah Code 77-11b-203. Mandatory return of seized property subject to forfeiture
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(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:
Terms Used In Utah Code 77-11b-203
- Agency: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11b-101
- Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
- Claimant: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11b-101
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Complaint: means a civil or criminal complaint seeking the forfeiture of any property under this chapter. See Utah Code 77-11b-101
- Federal prosecutor: A lawyer appointed by the President in each judicial district to prosecute and defend cases for the federal government.
- Forfeit: means to divest a claimant of an ownership interest in property seized under Section 77-11a-201. See Utah Code 77-11b-101
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Property: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11b-101
- Prosecuting attorney: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11b-101
- Seized property: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11b-101
(1)(a) the prosecuting attorney:
(1)(a)(i) files a criminal indictment or information under Subsection 77-11b-301(3);
(1)(a)(ii) files a petition to transfer the property to another agency in accordance with Section 77-11a-205; or
(1)(b) the prosecuting attorney or a federal prosecutor obtains a restraining order under Subsection 77-11b-301(4).
(2)
(2)(a) The prosecuting attorney may file a petition to extend the deadline under Subsection (1) by 21 days.
(2)(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.
(2)(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.