Utah Code 77-11b-301. Forfeiture of seized property through the criminal case
Current as of: 2023 | Check for updates
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77-11b-301. Forfeiture of seized property through the criminal case.
(1) | As used in this section, “defendant” means a claimant who is criminally prosecuted for the offense subjecting the property to forfeiture under Subsection 77-11b-102(1). |
(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 |
(2) | A prosecuting attorney may seek forfeiture of the defendant‘s interest in seized property through the criminal case. |
(3) | If the prosecuting attorney seeks forfeiture of a defendant’s interest in seized property through the criminal case, the prosecuting attorney shall state in the information or indictment the grounds for which the agency seeks to forfeit the property. |
(5) | Upon conviction of a defendant for the offense subjecting the property to forfeiture, a court or jury shall find property forfeited to the state if the prosecuting attorney establishes, beyond a reasonable doubt, that:
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(6) |
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(7) |
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(8) | If a defendant is acquitted of the offense subjecting the property to forfeiture under this section on the merits:
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(9) | Except as provided under Subsection (4) or (12), a claimant claiming an interest in property that is being forfeited under this section:
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(10) | A court that has jurisdiction of a case under this part may enter orders under this section without regard to the location of any property that is or has been ordered forfeited under this section. |
(11) | To facilitate the identification or location of property forfeited under this section, and to facilitate the disposition of a petition for remission or mitigation of forfeiture after the entry of an order declaring property forfeited to the agency, the court may, upon application of the prosecuting attorney, order:
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(12) |
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(13) |
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(14) | The petition under Subsection (13) shall:
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(15) |
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(16) | The court shall amend the order of forfeiture in accordance with the court’s determination, if after the trial or hearing under Subsection (15), the court or jury determines that the claimant has established, by a preponderance of the evidence, that:
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(17) | An agency has clear title to the property and may transfer title to a purchaser or transferee if:
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(18) | If the prosecuting attorney seeks to discontinue a forfeiture proceeding under this section and transfer the action to another state or federal agency that has initiated a civil or criminal proceeding involving the same property, the prosecuting attorney shall file a petition to transfer the property in accordance with Section 77-11a-205. |
Renumbered and Amended by Chapter 448, 2023 General Session