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.
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
Proceeds: includes any property of any kind without reduction for expenses incurred in the acquisition, maintenance, or production of that property, or any other purpose regarding property under Subsection (17)(a)(i). See Utah Code 77-11a-101
Property: means all property, whether real or personal, tangible or intangible. See Utah Code 77-11a-101
Prosecuting attorney: means :
(a)
the attorney general and an assistant attorney general;
(b)
a district attorney or deputy district attorney;
(c)
a county attorney or assistant county attorney; and
(d)
an attorney authorized to commence an action on behalf of the state. See Utah Code 77-11a-101
Public interest use: means a:
(a)
use by a government agency as determined by the legislative body of the agency's jurisdiction; or
(b)
donation of the property to a nonprofit charity registered with the state. See Utah Code 77-11a-101
Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
Venue: The geographical location in which a case is tried.
(a)
A claimant may file a petition with the court for the return of the property that is being retained as evidence in accordance with Chapter 11c, Retention of Evidence.
(b)
The claimant may file the petition in:
(i)
the court in which criminal proceedings have commenced regarding the offense for which the property is being retained as evidence; or
(ii)
the district court with venue under Section 77-11a-102 if there are no pending criminal proceedings.
(c)
A claimant shall serve a copy of the petition on the prosecuting attorney and the agency with custody of the property.
(2)
(a)
The court shall provide an opportunity for an expedited hearing.
(b)
After the opportunity for an expedited hearing, the court may order that the property is:
(i)
returned to the claimant if the claimant is the owner as determined by the court;
(ii)
if the offense subjecting the property to seizure results in a conviction, applied directly or by proceeds of the sale of the property toward restitution, fines, or fees owed by the claimant in an amount set by the court;
(iii)
converted to a public interest use;
(iv)
held for further legal action;
(v)
sold at public auction and the proceeds of the sale applied to a public interest use; or
(vi)
destroyed.
(3)
Before the court can order property be returned to a claimant, the claimant shall establish, by clear and convincing evidence, that the claimant:
(a)
is the owner of the property; and
(b)
may lawfully possess the property.
(4)
If the court orders the property to be returned to the claimant, the agency with custody of the property shall return the property to the claimant as expeditiously as possible.
Renumbered and Amended by Chapter 448, 2023 General Session
