77-11b-102.  Property subject to forfeiture.

(1) 

criminal case

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Terms Used In Utah Code 77-11b-102

  • Agency: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11b-101
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Commission: means the State Commission on Criminal and Juvenile Justice created in Section 63M-7-201. See Utah Code 77-11b-101
  • Forfeit: means to divest a claimant of an ownership interest in property seized under Section 77-11a-201. See Utah Code 77-11b-101
  • Innocent owner: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11b-101
  • Interest holder: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11b-101
  • 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.
  • Proceeds: means the same as that term is defined in Section 77-11a-101. 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
  • 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
  • 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
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(a)  Except as provided in Subsection (2), (3), (4), or (5), an agency may seek to forfeit:

(i)  seized property that was used to facilitate the commission of an offense that is a violation of federal or state law; or

(ii)  seized proceeds.

(b)  An agency, or the prosecuting attorney, may not forfeit the seized property of an innocent owner or an interest holder.

(2)  If seized property is used to facilitate an offense that is a violation of Section 76-10-1204, 76-10-1205, 76-10-1206, or 76-10-1222, an agency may not forfeit the property if the forfeiture would constitute a prior restraint on the exercise of an affected party’s rights under the First Amendment to the Constitution of the United States or Utah Constitution, Article I, Section 15, or would otherwise unlawfully interfere with the exercise of the party’s rights under the First Amendment to the Constitution of the United States or Utah Constitution, Article I, Section 15.

(3)  If a motor vehicle is used in an offense that is a violation of Section 41-6a-502, 41-6a-517, a local ordinance that complies with the requirements of Subsection 41-6a-510(1), Subsection 76-5-102.1(2)(b), or Section 76-5-207, an agency may not seek forfeiture of the motor vehicle, unless:

(a)  the operator of the vehicle has previously been convicted of an offense committed after May 12, 2009, that is:

(i)  a felony driving under the influence violation under Section 41-6a-502 or Subsection 76-5-102.1(2)(a);

(ii)  a felony violation under Subsection 76-5-102.1(2)(b);

(iii)  a violation under Section 76-5-207; or

(iv)  operating a motor vehicle with any amount of a controlled substance in an individual’s body and causing serious bodily injury or death, as codified before May 4, 2022, Laws of Utah 2021, Chapter 236, Section 1, Subsection 58-37-8(2)(g); or

(b)  the operator of the vehicle was driving on a denied, suspended, revoked, or disqualified license and:

(i)  the denial, suspension, revocation, or disqualification under Subsection (3)(b)(ii) was imposed because of a violation under:

(A)  Section 41-6a-502;

(B)  Section 41-6a-517;

(C)  a local ordinance that complies with the requirements of Subsection 41-6a-510(1);

(D)  Section 41-6a-520.1;

(E)  operating a motor vehicle with any amount of a controlled substance in an individual’s body and causing serious bodily injury or death, as codified before May 4, 2022, Laws of Utah 2021, Chapter 236, Section 1, Subsection 58-37-8(2)(g);

(F)  Section 76-5-102.1;

(G)  Section 76-5-207; or

(H)  a criminal prohibition as a result of a plea bargain after having been originally charged with violating one or more of the sections or ordinances described in Subsections (3)(b)(i)(A) through (G); or

(ii)  the denial, suspension, revocation, or disqualification described in Subsection (3)(b)(i):

(A)  is an extension imposed under Subsection 53-3-220(2) of a denial, suspension, revocation, or disqualification; and

(B)  the original denial, suspension, revocation, or disqualification was imposed because of a violation described in Subsection (3)(b)(i).

(4)  If a peace officer seizes property incident to an arrest solely for possession of a controlled substance under Subsection 58-37-8(2)(a)(i) but not Subsection 58-37-8(2)(b)(i), an agency may not seek to forfeit the property that was seized in accordance with the arrest.

(5)  If a peace officer seizes an individual’s firearm as the result of an offense under Section 76-10-529, an agency may not seek to forfeit the individual’s firearm if the individual may lawfully possess the firearm.

Amended by Chapter 415, 2023 General Session
Amended by Chapter 422, 2023 General Session
Renumbered and Amended by Chapter 448, 2023 General Session

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