77-11b-102. Property subject to forfeiture.
(1) Except as provided in Subsection,,, or, an agency may seek to forfeit: (2) (3) (4) (5) seized property that was used to facilitate the commission of an offense that is a violation of federal or state law; or seized proceeds. An agency, or the prosecuting attorney, may not forfeit the seized property of an innocent owner or an interest holder.
(2) If seized property is used to facilitate an offense that is a violation of Section,,,,, or, an agency may not forfeit the property if the forfeiture would constitute a prior restraint on the exercise of an affected party's rights under the First Amendment to the Constitution of the United States or, or would otherwise unlawfully interfere with the exercise of the party's rights under the First Amendment to the Constitution of the United States or 76-5c-202 76-5c-203 76-5c-204 76-5c-205 76-5c-206 76-5c-305
(3) If a motor vehicle is used in an offense that is a violation of Section,, a local ordinance that complies with the requirements of Subsection, Subsection, or Section, an agency may not seek forfeiture of the motor vehicle, unless: 41-6a-502 41-6a-517 41-6a-510(1) 76-5-102.1(2)(b) 76-5-207 the operator of the vehicle has previously been convicted of an offense committed after May 12, 2009, that is: a felony driving under the influence violation under Sectionor Subsection; 41-6a-502 76-5-102.1(2)(a) a felony violation under Subsection; 76-5-102.1(2)(b) a violation under Section; or 76-5-207 operating a motor vehicle with any amount of a controlled substance in an individual's body and causing serious bodily injury or death, as codified before May 4, 2022,, Section 1, Subsection; or 58-37-8(2)(g) the operator of the vehicle was driving on a denied, suspended, revoked, or disqualified license and: the denial, suspension, revocation, or disqualification under Subsectionwas imposed because of a violation under: (3)(b)(ii) Section; 41-6a-502 Section; 41-6a-517 a local ordinance that complies with the requirements of Subsection; 41-6a-510(1) Section; 41-6a-520.1 operating a motor vehicle with any amount of a controlled substance in an individual's body and causing serious bodily injury or death, as codified before May 4, 2022,, Section 1, Subsection; 58-37-8(2)(g) Section; 76-5-102.1 Section; or 76-5-207 a criminal prohibition as a result of a plea bargain after having been originally charged with violating one or more of the sections or ordinances described in Subsectionsthrough; or (3)(b)(i)(A) (G) the denial, suspension, revocation, or disqualification described in Subsection: (3)(b)(i) is an extension imposed under Subsectionof a denial, suspension, revocation, or disqualification; and 53-3-220(2) the original denial, suspension, revocation, or disqualification was imposed because of a violation described in Subsection. (3)(b)(i)
(4) If a peace officer seizes property incident to an arrest solely for possession of a controlled substance under Sectionbut not Subsection, an agency may not seek to forfeit the property that was seized in accordance with the arrest. 76-18-207 76-18-207(3)(a)
(5) If a peace officer seizes an individual's firearm as the result of an offense under Section, an agency may not seek to forfeit the individual's firearm if the individual may lawfully possess the firearm. 76-11-218