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
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
maintain a record of the property or contraband, including:
(i)
a detailed inventory of all property or contraband seized;
(ii)
the name of the person from which the property or contraband was seized; and
(iii)
the agency’s case number.
(2)
(a)
Except as provided in Subsection (2)(b), no later than 30 days after the day on which a peace officer seizes property in the form of cash or other readily negotiable instruments, an agency shall deposit the property into a separate, restricted, interest-bearing account maintained by the agency solely for the purpose of managing and protecting the property from commingling, loss, or devaluation.
(b)
A prosecuting attorney may authorize one or more written extensions of the 30-day period under Subsection (2)(a) if the property needs to maintain the form in which the property was seized for evidentiary purposes or other good cause.
(3)
An agency shall:
(a)
have written policies for the identification, tracking, management, and safekeeping of seized property and contraband; and
(b)
shall have a written policy that prohibits the transfer, sale, or auction of seized property and contraband to an employee of the agency.
Renumbered and Amended by Chapter 448, 2023 General Session
