77-11b-404. Forfeiture reporting requirements.
| (1) |
An agency shall provide all reasonably available data described in Subsection (5):
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Terms Used In Utah Code 77-11b-404- Acquittal:
- Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
- A verdict of "not guilty."
- Agency: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11b-101
- Arrest: Taking physical custody of a person by lawful authority.
- 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
- Conviction: A judgement of guilt against a criminal defendant.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Legal costs: means the costs and expenses incurred by a party in a forfeiture action. See Utah Code 77-11b-101
- Legislative body: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11b-101
- Oversight: Committee review of the activities of a Federal agency or program.
- 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.
- 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
- 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
- Verdict: The decision of a petit jury or a judge.
| (a) |
if transferring the forfeited property resulting from the final disposition of any civil or criminal forfeiture matter to the commission as required under Subsection 77-11b-401(5); or |
| (b) |
if the agency has been awarded an equitable share of property forfeited by the federal government. |
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| (2) |
The commission shall develop a standardized report format that each agency shall use in reporting the data required under this section. |
| (3) |
The commission shall annually, on or before April 30, prepare a summary report of the case data submitted by each agency under Subsection (1) during the prior calendar year. |
| (4) |
| (a) |
If an agency does not comply with the reporting requirements under this section, the commission shall contact the agency and request that the agency comply with the required reporting provisions. |
| (b) |
If an agency fails to comply with the reporting requirements under this section within 30 days after receiving the request to comply, the commission shall report the noncompliance to the attorney general, the speaker of the House of Representatives, and the president of the Senate. |
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| (5) |
The data for any civil or criminal forfeiture matter for which final disposition has been made under Subsection (1) shall include:
| (a) |
the agency that conducted the seizure; |
| (b) |
the case number or other identification; |
| (c) |
the date or dates on which the seizure was conducted; |
| (d) |
the number of individuals having a known property interest in each seizure of property; |
| (e) |
the type of property seized; |
| (f) |
the alleged offense that was the cause for seizure of the property; |
| (g) |
whether any criminal charges were filed regarding the alleged offense, and if so, the final disposition of each charge, including the conviction, acquittal, or dismissal, or whether action on a charge is pending; |
| (h) |
the type of enforcement action that resulted in the seizure, including an enforcement stop, a search warrant, or an arrest warrant; |
| (i) |
whether the forfeiture procedure was civil or criminal; |
| (j) |
the value of the property seized, including currency and the estimated market value of any tangible property; |
| (k) |
the final disposition of the matter, including whether final disposition was entered by stipulation of the parties, including the amount of property returned to any claimant, by default, by summary judgment, by jury award, or by guilty plea or verdict in a criminal forfeiture; |
| (l) |
if the property was forfeited by the federal government, the amount of forfeited money awarded to the agency; |
| (m) |
the agency’s direct costs, expense of reporting under this section, and expenses for obtaining and maintaining the seized property, as described in Subsection 77-11b-401(3)(a); |
| (n) |
the legal costs and attorney fees paid to the prosecuting attorney, as described in Subsection 77-11b-401(3)(b); and |
| (o) |
if the property was transferred to a federal agency or any governmental entity not created under and subject to state law:
| (i) |
the date of the transfer; |
| (ii) |
the name of the federal agency or entity to which the property was transferred; |
| (iii) |
a reference to which reason under Subsection 77-11a-205(3) justified the transfer; |
| (iv) |
the court or agency where the forfeiture case was heard; |
| (v) |
the date of the order of transfer of the property; and |
| (vi) |
the value of the property transferred to the federal agency, including currency and the estimated market value of any tangible property. |
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| (6) |
An agency shall annually on or before April 30 submit a report for the prior calendar year to the commission that states:
| (a) |
whether the agency received an award from the State Asset Forfeiture Grant Program under Section 77-11b-403 and, if so, the following information for each award:
| (i) |
the amount of the award; |
| (ii) |
the date of the award; |
| (iii) |
how the award was used or is planned to be used; and |
| (iv) |
a statement signed by both the agency’s executive officer or designee and by the agency’s legal counsel, that:
| (A) |
the agency has complied with all inventory, policy, and reporting requirements under Section 77-11b-403; and |
| (B) |
all awards were used for crime reduction or law enforcement purposes as specified in the application and that the awards were used only upon approval by the agency’s legislative body; and |
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| (b) |
whether the agency received any property, money, or other things of value in accordance with federal law as described in Subsection 77-11a-205(7) and, if so, the following information for each piece of property, money, or other thing of value:
| (i) |
the case number or other case identification; |
| (ii) |
the value of the award and the property, money, or other things of value received by the agency; |
| (iii) |
the date of the award; |
| (iv) |
the identity of any federal agency involved in the forfeiture; |
| (v) |
how the awarded property has been used or is planned to be used; and |
| (vi) |
a statement signed by both the agency’s executive officer or designee and by the agency’s legal counsel, that the agency has only used the award for crime reduction or law enforcement purposes authorized under Section 77-11b-403, and that the award was used only upon approval by the agency’s legislative body. |
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| (7) |
| (a) |
On or before July 1 of each year, the commission shall submit notice of the annual reports in Subsection (3) and Subsection (6), in electronic format, to:
| (i) |
the attorney general; |
| (ii) |
the speaker of the House of Representatives, for referral to any House standing or interim committees with oversight over law enforcement and criminal justice; |
| (iii) |
the president of the Senate, for referral to any Senate standing or interim committees with oversight over law enforcement and criminal justice; and |
| (iv) |
each law enforcement agency. |
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| (b) |
The reports described in Subsection (3) and Subsection (6), as well as the individual case data described in Subsection (1) for the previous calendar year, shall be published on the Utah Open Government website at open.utah.gov on or before July 15 of each year. |
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Renumbered and Amended by Chapter 448, 2023 General Session
