Title 44, Title 44

In any case or controversy involving performance or interpretation of or liability under a mutual aid agreement entered into between one or more law enforcement agencies of political subdivisions of this state and one or more law enforcement agencies of another state or of the Un…

No agreement made under this part may relieve any law enforcement agency of this state of any duty imposed upon it by law. Timely performance of such a duty by a joint board or other legal or administrative entity created by a mutual aid agreement may be offered in satisfaction o…

Except for the right granted by this part to jointly exercise powers, this part does not authorize any law enforcement agency of this state to exercise any power that it is not otherwise authorized to exercise.

Within 20 days after the final approval by the governing bodies of all parties to the agreement, an agreement made pursuant to this part must be filed in the office of: (1) each clerk and recorder of each county of this state where the principal office of one of the parties to th…

Any law enforcement agency of this state may appropriate funds for and may sell, lease, or otherwise supply material to any entity created for the purpose of performance of an agreement and may provide such personnel or services therefor as are within its authority to furnish.

The procedures and remedies provided in this part apply to the exclusion of those remedies and procedures for interlocal agreements generally under Title 7, chapter 11, part 1.

As used in this chapter, the following definitions apply: (1) "Actual knowledge" means direct and clear awareness of information. (2) "Controlled substance" means any substance designated as a dangerous drug pursuant to Title 50, chapter 32, parts 1 and 2.

(1) A court may order, as part of the sentence imposed upon conviction, that the following property be forfeited as provided in 44-12-207 through 44-12-211: (a) all controlled substances that have been manufactured, distributed, prepared, cultivated, compounded, processed, or pos…

(1) A peace officer who has probable cause to make an arrest for a violation of Title 45, chapter 9, probable cause to believe that a conveyance has been used or is intended to be used to unlawfully transport a controlled substance, or probable cause to believe that a conveyance …

Controlled substances that are possessed, transferred, offered for transfer, manufactured, prepared, cultivated, compounded, or processed in violation of Title 45, chapter 9, and that are seized under the provisions of this chapter are contraband and shall be summarily forfeited …

(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…

There is an account in the federal special revenue fund defined in 17-2-102 to be known as the special law enforcement assistance account.

Except as provided in 46-23-1032, property and money forfeited under federal law and provided to the state by the federal government to support state and local law enforcement programs must be deposited to the special law enforcement assistance account established in 44-13-101. A…

(1) After property is credited to the account, the attorney general may: (a) transfer the property to any local or state law enforcement agency to be used for criminal investigation purposes; (b) sell the property by public sale; (c) destroy any illegal or controlled substances a…

(1) A state agency that employs a public safety officer may adopt administrative rules to provide for the care, restitution, sale, donation, return, or destruction of unclaimed tangible personal property that may come into the possession of the agency or a public safety officer e…

This part may be cited as the "Facial Recognition for Government Use Act".

(1) Except as provided in subsection (2), the purpose of this part is to prohibit the use of facial recognition technology for continuous facial surveillance or facial identification by state and local government agencies and law enforcement agencies. (2) It is the intent of the …

As used in this part, unless the context clearly indicates otherwise, the following definitions apply: (1) "Affirmative authorization" means an action that demonstrates the intentional decision by an individual to opt into the retention of the individual's facial biometric data b…

(1) A state or local government agency, law enforcement agency, public employee, or public official may not obtain, retain, possess, access, request, contract for, or use continuous facial surveillance. (2) The use of facial recognition technology for facial verification, includi…

(1) Except as provided in 44-15-106 and 44-15-108, a state or local government agency, law enforcement agency, public employee, or public official may not: (a) obtain, retain, possess, access, request, or use facial recognition technology or information derived from a search usin…

(1) The department of justice and local law enforcement agencies are authorized to use facial recognition technology for criminal investigations. (2) The department of justice or a local law enforcement agency may perform a search using facial recognition technology and may obtai…

(1) A law enforcement agency or the department shall disclose the use of facial recognition technology on a criminal defendant to that defendant in a timely manner prior to trial. (2) Discovery of an application, affidavit, or court order relating to the use of facial recognition…

(1) A state or local government agency may use, or contract with a third-party vendor for the use of, facial verification if the state or local government agency first provides a written use and privacy policy regarding facial recognition technology. The written policy must inclu…

(1) On capturing an image of an individual when the individual interacts with a state or local government agency, the state or local government agency shall notify the individual that the individual's image may be used in conjunction with a facial recognition service. (2) A third…

A state or local government agency using a facial recognition service without a third-party vendor shall establish a policy that: (1) ensures best quality results by following all guidance provided by the developer of the facial recognition service; and (2) outlines training prot…

(1) The criminal intelligence information section shall adopt an audit process to ensure that facial recognition technology is only used for legitimate law enforcement purposes, including audits of uses or requests made by law enforcement agencies. (2) By June 30 of each year, a …

(1) A violation of this part constitutes an injury and a person may institute proceedings for injunctive relief, declaratory relief, or writ of mandate in a court of competent jurisdiction to enforce this part. (2) A person who has been subjected to facial recognition technology …