Utah Code 77-11b-101. Definitions

77-11b-101. Definitions.
As used in this chapter:

(1)

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Agency: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11b-101
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
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.
Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. ^Source:
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
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
Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Verdict: The decision of a petit jury or a judge.

(a)	“Acquitted” means a finding by a jury or a judge at trial that a claimant is not guilty.

(b)

“Acquitted” does not include:

(i)	a verdict of guilty on a lesser or reduced charge;

(ii)	a plea of guilty to a lesser or reduced charge; or

(iii)

dismissal of a charge as a result of a negotiated plea agreement.

(2)	“Agency” means the same as that term is defined in Section 77-11a-101.

(3)	“Claimant” means the same as that term is defined in Section 77-11a-101.

(4)	“Commission” means the State Commission on Criminal and Juvenile Justice created in Section 63M-7-201.

(5)	“Complaint” means a civil or criminal complaint seeking the forfeiture of any property under this chapter.

(6)	“Forfeit” means to divest a claimant of an ownership interest in property seized under Section 77-11a-201.

(7)	“Innocent owner” means the same as that term is defined in Section 77-11a-101.

(8)	“Interest holder” means the same as that term is defined in Section 77-11a-101.

(9)

“Known address” means:

(a)	any address provided by a claimant to the peace officer or agency at the time the property is seized; or

(b)	the claimant’s most recent address on record with a governmental entity if no address was provided at the time of the seizure.

(10)	“Legal costs” means the costs and expenses incurred by a party in a forfeiture action.

(11)	“Legislative body” means the same as that term is defined in Section 77-11a-101.

(12)	“Peace officer” means the same as that term is defined in Section 77-11a-101.

(13)	“Proceeds” means the same as that term is defined in Section 77-11a-101.

(14)	“Program” means the State Asset Forfeiture Grant Program created in Section 77-11b-403.

(15)	“Property” means the same as that term is defined in Section 77-11a-101.

(16)	“Prosecuting attorney” means the same as that term is defined in Section 77-11a-101.

(17)	“Seized property” means the same as that term is defined in Section 77-11a-101.

Enacted by Chapter 448, 2023 General Session