Title 77, Criminal Procedure

77-11b-105. Training requirements. (1) As used in this section: (a) "Council" means the Utah Prosecution Council created in Section 67-5a-1. (b) "Division" means the Peace Officer Standards and Training Division created in Section 53-6-103. (2) To participate in the program, an a…

77-11b-201. Initiating forfeiture proceedings -- Notice of intent to seek forfeiture. (1)(a) If an agency seeks to forfeit seized property, the agency shall serve a notice of intent to seek forfeiture to any known claimant within 30 days after the day on which the property is sei…

77-11b-202. Sale of seized property subject to forfeiture. (1)(a) Except for property that is required to be retained or preserved under Chapter 11c, Retention of Evidence, the court may order seized property for which a forfeiture proceeding is pending to: (i) be sold, leased, r…

77-11b-203. Mandatory return of seized property subject to forfeiture. (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 tak…

77-11b-204. Compensation for damaged property subject to forfeiture. (1) As used in this section: (a) "Damage or other injury" does not mean normal depreciation, deterioration, or ordinary wear and tear of the property. (b) "Wildlife" means the same as that term is defined in Sec…

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). (2) A prosecuting attorney may seek fo…

77-11b-302. Civil forfeiture of seized property. (1)(a) A prosecuting attorney may commence a civil action to forfeit seized property by filing a complaint. (b) The complaint under Subsection (1)(a) shall describe with reasonable particularity: (i) the property that the agency is…

77-11b-303. Proportionality of forfeiture. (1)(a) A claimant's interest in property that is used to facilitate an offense may not be forfeited under any provision of state law if the forfeiture is substantially disproportionate to the use of the property in committing or facilita…

77-11b-304. Postjudgment interest to prevailing party in forfeiture proceeding. In a proceeding to forfeit currency or other negotiable instruments under this chapter, the court shall award postjudgment interest to a prevailing party on the currency or negotiable instruments at t…

77-11b-305. Attorney fees and costs for forfeiture proceeding. (1) In a forfeiture proceeding under this chapter, a court shall award reasonable legal costs and attorney fees to a prevailing claimant. (2) If a court awards legal costs and attorney fees to a prevailing claimant un…

77-11b-306. Limitation on fees for holding seized property subject to forfeiture. In any civil or criminal proceeding under this part in which a judgment is entered in favor of a claimant, or where a forfeiture proceeding against a claimant is voluntarily dismissed by the prosecu…

77-11b-401. Disposition and allocation of forfeited property. (1) If a court finds that property is forfeited under this chapter, the court shall order the property forfeited to the state. (2)(a) If the property is not currency, the agency shall authorize a public or otherwise co…

77-11b-402. Criminal Forfeiture Restricted Account. (1) There is created within the General Fund a restricted account known as the "Criminal Forfeiture Restricted Account." (2) Except as provided in Section 77-11b-401, the department shall deposit any proceeds from property forfe…

77-11b-403. State Asset Forfeiture Grant Program. (1) There is created the State Asset Forfeiture Grant Program. (2) The program shall fund crime prevention, crime victim compensation, and law enforcement activities that have the purpose of: (a) deterring crime by depriving crimi…

77-11b-404. Forfeiture reporting requirements. (1) An agency shall provide all reasonably available data described in Subsection (5): (a) if transferring the forfeited property resulting from the final disposition of any civil or criminal forfeiture matter to the department as re…