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Utah Code § 77-11b-203

Mandatory return of seized property subject to forfeiture

Renumbered and Amended by Chapter 448, 2023 General Session

(1) Except for property that is required to be retained or preserved under Chapter 11c, Retention of Evidence, an agency shall promptly return seized property to a claimant and the prosecuting attorney may take no further action to forfeit the property, unless within 75 days after the day on which the property is seized:

(a) the prosecuting attorney:

(i) files a criminal indictment or information under Subsection 77-11b-301(3);

(ii) files a petition to transfer the property to another agency in accordance with Section 77-11a-205; or

(iii) files a civil forfeiture complaint under Section 77-11b-302; or

(b) the prosecuting attorney or a federal prosecutor obtains a restraining order under Subsection 77-11b-301(4).

(2)

(a) The prosecuting attorney may file a petition to extend the deadline under Subsection (1) by 21 days.

(b) If a prosecuting attorney files a petition under Subsection (2)(a) and the prosecuting attorney provides good cause for extending the deadline, a court shall grant the petition.

(c) The prosecuting attorney may not file more than one petition under this Subsection (2).

(3) If a prosecuting attorney is unable to file a civil forfeiture complaint under Subsection (1)(a)(iii) because a claimant has filed a claim under Section 77-11a-304 and the claimant has an extension to provide additional information on the claim under Subsection 77-11a-304(1)(d), the deadline under Subsection (1) may be extended by 15 days.

Official source: Utah State Legislature. Reproduced from public-domain Utah statutes; confirm against the official source for the current text. Not legal advice.