Title 44, Title 44

(1) Except for controlled substances as provided in 44-12-104, a court may not order forfeiture of real or personal property of any kind pursuant to this chapter, including money, vehicles and other conveyances, and tangible and intangible personal property, unless: (a) the owner…

(1) Upon seizure of property, a peace officer shall: (a) provide an itemized receipt of seized property pursuant to 44-12-103; and (b) notify all persons known to have an interest in the property in the same manner as provided in 44-12-210(2). (2) Property subject to forfeiture p…

(1) Following the seizure of property in a proceeding under this chapter, a defendant who has been charged with a criminal offense providing for forfeiture of property upon conviction or a person claiming an interest in the property allegedly used in or derived from the commissio…

(1) Upon conviction of a defendant for a criminal offense providing for forfeiture of property upon conviction and upon notice to all persons known to have an interest in the property pursuant to subsection (2), the court shall hold a hearing to determine whether the property mus…

(1) The property of an innocent owner is not subject to forfeiture under 44-12-207 through 44-12-210. (2) A property owner or person with an ownership interest in property subject to forfeiture must be declared an innocent owner if: (a) the property owner or person with an owners…

(1) If the provisions of 44-12-207 are not established or the property owner is an innocent owner as provided in 44-12-211, the court shall order that the property be released to the owner of record as of the date of the seizure. (2) If the provisions of 44-12-207 are established…

(1) Whenever property is seized, forfeited, and sold under the provisions of this chapter, the net proceeds of the sale must be distributed as follows: (a) to the holders of security interests who have presented proper proof of their claims, if any, up to the amount of their inte…