77-11a-301. Release of seized property to claimant — Generally.
(1)
Terms Used In Utah Code 77-11a-301
Agency: includes a law enforcement agency or a multijurisdictional task force. See Utah Code 77-11a-101
Claimant: means :
(a)
an owner of property;
(b)
an interest holder; or
(c)
an individual or entity who asserts a claim to any property for which an agency seeks to forfeit. See Utah Code 77-11a-101
Computer: includes any device that is used for the storage of digital or electronic files, flash memory, software, or other electronic information. See Utah Code 77-11a-101
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
(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 5. 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.
held an ownership interest in property at the time of the commission of an offense subjecting the property to seizure, and:
(i)
did not have actual knowledge of the offense subjecting the property to seizure; or
(ii)
upon learning of the commission of the offense, took reasonable steps to prohibit the use of the property in the commission of the offense; or
(b)
acquired an ownership interest in the property and had no knowledge that the commission of the offense subjecting the property to seizure had occurred or that the property had been seized, and:
(i)
acquired the property in a bona fide transaction for value;
(ii)
was an individual, including a minor child, who acquired an interest in the property through probate or inheritance; or
(iii)
was a spouse who acquired an interest in property through dissolution of marriage or by operation of law. See Utah Code 77-11a-101
Interest holder: means a secured party as defined in Section 70A-9a-102, a party with a right-of-offset, a mortgagee, lien creditor, or the beneficiary of a security interest or encumbrance pertaining to an interest in property, whose interest would be perfected against a good faith purchaser for value. 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
Peace officer: means an employee:
(a)
of an agency;
(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
An agency with custody of seized property, or the prosecuting attorney, may release the property to a claimant if the agency or the prosecuting attorney:
seeks to return the property to the claimant because the agency or prosecuting attorney determines that the claimant is an innocent owner or an interest holder.
(b)
An agency with custody of seized property, or the prosecuting attorney, may not release property under this Subsection (1) if the property is subject to retention or preservation under Chapter 11c, Retention of Evidence.
(2)
An agency with custody of the seized property, or the prosecuting attorney, shall release the property to a claimant if:
(a)
the claimant posts a surety bond or cash with the court in accordance with Section 77-11a-302;
(b)
the court orders the release of property to the claimant for hardship purposes under Section 77-11a-303;
(c)
a claimant establishes that the claimant is an innocent owner or an interest holder under Section 77-11a-304; or
(d)
the court orders property retained as evidence to be released to the claimant under Section 77-11a-305.
(3)
(a)
For a computer determined to be contraband, a court may order the reasonable extraction and return of specifically described personal digital data to the owner of the computer.
(b)
The agency shall determine a reasonable cost to extract the data.
(c)
At the time of the request to extract the data, the owner of the computer shall pay the agency the cost to extract the data.
(4)
If a peace officer for the Division of Wildlife Resources seizes a vehicle, the Division of Wildlife Resources shall release the vehicle to a claimant in accordance with Section 23A-5-201.
(5)
If an agency is not required, or is no longer required, to retain or preserve property as evidence under Chapter 11c, Retention of Evidence, and the agency seeks to release or dispose of the property, the agency shall exercise due diligence in attempting to notify the claimant of the property to advise the claimant that the property is to be returned.
(6)
(a)
Before an agency may release seized property to a person claiming ownership of the property, the person shall establish that the person:
(i)
is the owner of the property; and
(ii)
may lawfully possess the property.
(b)
The person shall establish ownership under Subsection (6)(a) by providing to the agency:
(i)
identifying proof or documentation of ownership of the property; or
(ii)
a notarized statement if proof or documentation is not available.
(c)
When seized property is returned to the owner, the owner shall sign a receipt listing in detail the property that is returned.
(d)
The agency shall:
(i)
retain a copy of the receipt; and
(ii)
provide a copy of the receipt to the owner.
Renumbered and Amended by Chapter 448, 2023 General Session
