| (1) |
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Terms Used In Utah Code 77-11b-201- Agency: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11b-101
- Claimant: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11b-101
- 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.
- Forfeit: means to divest a claimant of an ownership interest in property seized under Section 77-11a-201. See Utah Code 77-11b-101
- Interest holder: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11b-101
- 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. 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
- Sequester: To separate. Sometimes juries are sequestered from outside influences during their deliberations.
- 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
- Writing: includes :Utah Code 68-3-12.5
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| (a) |
If an agency seeks to forfeit seized property, the agency shall serve a notice of intent to seek forfeiture to any known claimant within 30 days after the day on which the property is seized. |
| (b) |
The notice of intent to seek forfeiture shall describe:
| (i) |
the date of the seizure; |
| (ii) |
the property seized; |
| (iv) |
the statutory basis for the forfeiture, including the judicial proceedings by which the property may be forfeited under this chapter. |
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| (c) |
The agency shall serve the notice of intent to seek forfeiture by:
| (i) |
certified mail, with a return receipt requested, to the claimant’s known address; or |
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| (d) |
A court may void a forfeiture made without notice under Subsection (1)(a), unless the agency demonstrates:
| (i) |
good cause for the failure to give notice to the claimant; or |
| (ii) |
that the claimant had actual notice of the seizure. |
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| (2) |
Before an agency serves a notice of intent to forfeit seized property under Subsection (1)(a), the agency shall conduct a search of public records applicable to the seized property, including county records or records of the Division of Corporations and Commercial Code, the Division of Motor Vehicles, or other state or federal licensing agencies, in order to obtain the name and address of each interest holder of the property. |
| (3) |
If an agency serves a notice of intent to forfeit seized property under Subsection (1)(a), an individual or entity may not alienate, convey, sequester, or attach the property until a court:
| (a) |
issues a final order to dismiss an action under this chapter; or |
| (b) |
orders the forfeiture of the property. |
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| (4) |
| (a) |
| (i) |
If an agency has served each claimant with a notice of intent to seek forfeiture, the agency shall present a written request for forfeiture to the prosecuting attorney of the municipality or county where the property is seized. |
| (ii) |
The agency shall provide the request under Subsection (4)(a)(i) no later than 45 days after the day on which the property is seized. |
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| (b) |
The written request described in Subsection (4)(a) shall:
| (i) |
describe the property that the agency is seeking to forfeit; and |
| (ii) |
include a copy of all reports, supporting documents, and other evidence that is necessary for the prosecuting attorney to determine the legal sufficiency for filing a forfeiture action. |
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| (c) |
The prosecuting attorney shall:
| (i) |
review the written request described in Subsection (4)(a)(i); and |
| (ii) |
within 75 days after the day on which the property is seized, decline or accept, in writing, the agency’s written request for the prosecuting attorney to initiate a proceeding to forfeit the property. |
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Renumbered and Amended by Chapter 448, 2023 General Session
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