Title 77, Title 77: Criminal Procedure

77-8a-1. Joinder of offenses and of defendants. (1) Two or more felonies, misdemeanors, or both, may be charged in the same indictment or information if each offense is a separate count and if the offenses charged are: based on the same conduct or are otherwise connected together…

77-9-1. Authority of peace officer of another state. A peace officer of another state or the District of Columbia who enters this state in fresh pursuit and continues in fresh pursuit of a person in order to make an arrest on the ground that the person is reasonably believed to h…

77-9-2. Procedure after arrest. An officer who has made an arrest pursuant to Sectionshall without unnecessary delay take the person arrested before a magistrate of the county in which the arrest was made. The magistrate shall conduct a hearing to determine the lawfulness of the …

77-9-3. Authority of peace officer of this state beyond normal jurisdiction. (1) Any peace officer authorized by any governmental entity of this state may exercise a peace officer's authority beyond the limits of such officer's normal jurisdiction as follows: when in fresh pursui…

77-10a-1. Definitions. As used in this chapter: (1) "Clerk of the court" means the state court administrator or the state court administrator's designee. (2) "Managing judge" means the supervising judge when the supervising judge retains authority to manage a grand jury, or the d…

77-10a-10. Charge of grand jury -- Rights and duties. Upon impanelment of each grand jury, the judge managing the grand jury shall charge the grand jury and inform it of: (1) its duty to inquire into offenses against the criminal laws alleged to have been committed within the jur…

77-10a-11. Jury foreman -- Compensation of grand jurors. (1) The managing judge shall appoint one of the jurors to be foreman and another to be deputy foreman. The foreman may administer oaths and affirmations and shall sign all indictments. The foreman or another juror designate…

77-10a-12. Representation of state -- Appointment and compensation of special prosecutor. (1) The state may be represented before any grand jury summoned in the state by: the attorney general or any assistant attorney general; a county attorney or any deputy county attorney; a di…

77-10a-13. Location -- Who may be present -- Witnesses -- Witnesses who are subjects -- Evidence -- Contempt -- Notice -- Record of proceedings -- Disclosure. (1) The managing judge shall designate the place where the grand jury meets. The grand jury may, upon request and with th…

77-10a-14. Concurrence for indictment -- Proof -- Validity -- Disclosure. (1) An indictment may be found only upon the concurrence of at least three-fourths, or the next highest whole number, of the grand jurors. (2) An indictment may not be found unless the grand jurors who vote…

77-10a-15. Return and transfer of indictment. Immediately upon the return of an indictment the managing judge shall enter an order transferring the indictment to a court with appropriate jurisdiction and proper venue under Sectionto try the matter.

77-10a-16. Return of indictment -- Warrant of arrest -- Bail. (1) The managing judge may upon return of an indictment, when the defendant is not in custody, cause a warrant to be issued for the arrest of the defendant charged and shall fix an appropriate bail. (2) Return of any w…

77-10a-17. Grand jury report on noncriminal misconduct -- Action on the report. (1) A grand jury may upon completion of its original term or each extension, with the concurrence of a majority of its members, submit to the managing judge a report concerning noncriminal misconduct,…

77-10a-18. Grand jury term of service -- Excusing a juror. (1) A grand jury shall serve until discharged by the managing judge. However, a grand jury may not serve more than 18 months unless the managing judge extends the service of the grand jury, upon determining an extension i…

77-10a-19. Compensation for special prosecutors. (1) Compensation for special prosecutors under this section shall be paid by the Judicial Council. For this purpose, there is appropriated from the General Fund to the Judicial Council $50,000 as a separate line item in the budget …

77-10a-2. Panel of judges -- Appointment -- Membership -- Ordering of grand jury. (1) The presiding officer of the Judicial Council shall appoint a panel of five judges from the district courts of the state to hear in secret all persons claiming to have information that would jus…

77-10a-20. Expenses of grand jury -- Appropriation -- Payment by state or county. (1) The expenses of operation of a grand jury summoned under this chapter shall be paid by the Judicial Council, except under Subsection. (2) Expenses include grand juror fees, rental of a facility,…

77-10a-3. Scope of grand jury inquiry. Any grand jury summoned under this chapter may inquire into and indict for any criminal activity occurring within the state.

77-10a-4. Number of members -- Number required for indictment. (1) Any grand jury summoned under this chapter shall consist of not fewer than nine or more than 15 members. (2) The grand jury may return an indictment only if at least three-fourths of the members, or the next highe…

77-10a-5. Grand jurors -- Qualification and selection -- Limits on disclosure. (1) Grand jurors shall meet the qualifications provided for jurors generally in. Grand jurors shall be selected from the prospective jury list as provided in Section. Title 78B, Chapter 1, Part 1, Jury…

77-10a-7. Selection of grand jurors -- Notice -- Examination -- Qualification -- Alternates. (1) When the supervising judge orders that a grand jury be summoned, the managing judge shall direct the clerk to select at random from the master list the number of names determined by t…

77-10a-8. Challenge of prospective grand jurors -- Failure to comply in selection of jurors -- Remedies. (1) The attorney general, county attorney, district attorney, or special prosecutor may challenge: the array of grand jurors on the ground the grand jury was not selected, dra…

77-10a-9. Oath for grand jurors. Grand jurors and those selected as alternates shall take the following oath:"Do you, and each of you, solemnly swear that you will diligently inquire into and make true presentment or indictment of all matters and things as are given you in charge…

77-11a-101. Definitions. As used in this chapter: (1) "Agency" means an agency of this state or a political subdivision of this state. "Agency" includes a law enforcement agency or a multijurisdictional task force. (2) "Apparent child sexual abuse material" means the same as that…

77-11a-102. Venue. In addition to, or any other provision of law, a person may bring an action or proceeding under this chapter in the judicial district in which: (1) the property is seized; or (2) any part of the property is found.

77-11a-201. Grounds for seizing property and contraband. A peace officer may seize property or contraband: (1) upon a search warrant or administrative warrant that is issued in accordance with the Utah Code and the Utah Rules of Criminal Procedure; (2) when the seizure is inciden…

77-11a-202. Ownership interest in property or contraband seized by a peace officer. (1) To disclaim an ownership interest in property at the time of seizure, a person's disclaimer of the property must be knowing and voluntary. (2) A person may not assert an ownership interest in …

77-11a-203. Procedure after seizure of property or contraband. (1) If a peace officer seizes property or contraband under Section, the property and contraband: 77-11a-201 is not recoverable by replevin; and is considered in the custody of the agency that employed the peace office…

77-11a-204. Custody of seized property and contraband. (1) An agency with custody of seized property or contraband shall: hold the property or contraband in safe custody until the property or contraband is returned or disposed of in accordance with: this chapter; and Chapter 11c,…

77-11a-205. Transfer or release of seized property to another governmental entity -- Requirements. (1) Except as provided in Subsections (3)(a) through (c), upon the seizure of property by a peace officer, the property is subject to the exclusive jurisdiction of a district court …

77-11a-301. Return of seized property to claimant -- Generally. (1) An agency with custody of seized property, or the prosecuting attorney, may return the property to a claimant if the agency or the prosecuting attorney: determines that the agency does not need to retain or prese…

77-11a-302. Return of seized property to claimant by surety bond or cash. (1) Except as provided in Subsection (2), a claimant may obtain the return of seized property by posting a surety bond or cash with the court that is in an amount equal to the current fair market value of t…

77-11a-303. Return of seized property subject to forfeiture to claimant for hardship. (1) A claimant is entitled to the immediate return of seized property for which the agency has filed a notice of intent to forfeit under Sectionif: 77-11b-201 the claimant had a possessory inter…

77-11a-304. Release of seized property to innocent owner or interest holder. (1) Except for property required to be retained or preserved under, a claimant alleged to be an innocent owner or an interest holder may recover possession of seized property by: Chapter 11c, Retention o…

77-11a-305. Release of seized property to claimant when seized property is retained as evidence. (1) A claimant may file a petition with the court for the return of the property that is being retained as evidence in accordance with Chapter 11c, Retention of Evidence. The claimant…

77-11a-401. Applicability of this part. The provisions of this part do not apply to property or contraband: (1) for which an agency has filed a notice of intent to seek forfeiture under; or Chapter 11b, Forfeiture of Seized Property (2) until the property or contraband is no long…

77-11a-402. Disposition of seized property and contraband -- Return of seized property. (1) Except as provided in Subsection, if a prosecuting attorney determines that seized property no longer needs to be retained as evidence under Chapter 11c, Retention of Evidence, the prosecu…

77-11a-403. Disposition of firearms no longer needed as evidence. (1) As used in this section: "Confiscated or unclaimed firearm" means a firearm that is subject to disposal by an agency under Sectionor. 53-5a-503 77-11a-402 "Department" means the Department of Public Safety crea…

77-11b-101. Definitions. As used in this chapter: (1) "Acquitted" means a finding by a jury or a judge at trial that a claimant is not guilty. "Acquitted" does not include: a verdict of guilty on a lesser or reduced charge; a plea of guilty to a lesser or reduced charge; or dismi…

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 agen…

77-11b-103. Trial by jury. The right to trial by jury applies to forfeiture proceedings under this chapter.

77-11b-104. Venue. Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, or any other provision of law, a person may bring an action or proceeding under this chapter in the judicial district in which: (1) the property is seized; (2) any part of the property is found; or…

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

77-11b-201. Initiating forfeiture proceedings -- Notice of intent to seek forfeiture. (1) 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 seized…

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

77-11b-203. Mandatory return of seized property subject to forfeiture. (1) Except for property that is required to be retained or preserved under, an agency shall promptly return seized property to a claimant and the prosecuting attorney may take no further action to forfeit the …