Superseded 7/1/2023)
Superseded 7/1/2023
77-11b-401. Disposition and allocation of forfeited property.
| (1) |
If a court finds that property is forfeited under this chapter, the court shall order the property forfeited to the state. |
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Terms Used In Utah Code 77-11b-401
- Agency: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11b-101
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Commission: means the State Commission on Criminal and Juvenile Justice created in Section 63M-7-201. See Utah Code 77-11b-101
- Legal costs: means the costs and expenses incurred by a party in a forfeiture action. See Utah Code 77-11b-101
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- 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
- 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
| (2) |
| (a) |
If the property is not currency, the agency shall authorize a public or otherwise commercially reasonable sale of that property if the property is not required by law to be destroyed and is not harmful to the public. |
| (b) |
If the property forfeited is an alcoholic product as defined in Section 32B-1-102, the property shall be disposed of as follows:
| (i) |
an alcoholic product shall be sold if the alcoholic product is:
| (A) |
unadulterated, pure, and free from any crude, unrectified, or impure form of ethylic alcohol, or any other deleterious substance or liquid; and |
| (B) |
otherwise in saleable condition; or |
|
| (ii) |
an alcoholic product and the alcoholic product’s package shall be destroyed if the alcoholic product is impure, adulterated, or otherwise unfit for sale. |
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| (c) |
If the property forfeited is a cigarette or other tobacco product as defined in Section 59-14-102, the property shall be destroyed, except that the lawful holder of the trademark rights in the cigarette or tobacco product brand is permitted to inspect the cigarette before the destruction of the cigarette or tobacco product. |
| (d) |
The proceeds of the sale of forfeited property shall remain segregated from other property, equipment, or assets of the agency until transferred in accordance with this chapter. |
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| (3) |
Before transferring currency and the proceeds or revenue from the sale of the property in accordance with this chapter, the agency shall:
| (a) |
deduct the agency’s direct costs, expense of reporting under Section 77-11b-404, and expense of obtaining and maintaining the property pending a forfeiture proceeding; and |
| (b) |
if the prosecuting agency that employed the prosecuting attorney has met the requirements of Subsection 77-11b-105(3), pay the prosecuting attorney the legal costs associated with the litigation of the forfeiture proceeding, and up to 20% of the value of the forfeited property in attorney fees. |
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| (4) |
If the forfeiture arises from a violation relating to wildlife resources, the agency shall deposit any remaining currency and the proceeds or revenue from the sale of the property into the Wildlife Resources Account created in Section 23-14-13. |
| (5) |
The agency shall transfer any remaining currency, the proceeds, or revenue from the sale of the property to the commission and deposited into the Criminal Forfeiture Restricted Account created in Section 77-11b-402. |
Renumbered and Amended by Chapter 448, 2023 General Session
