Title 77, Title 77: Criminal Procedure

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) If the property is not currency, the agency shall authorize a public or otherwise comme…

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, the department shall deposit any proceeds from property forfeited throug…

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: deterring crime by depriving criminals…

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

77-11c-101. Definitions. As used in this chapter: (1) "Acquitted" means the same as that term is defined in Section. 77-11b-101 (2) "Adjudicated" means that: a judgment of conviction by plea or verdict of an offense has been entered by a court; and a sentence has been imposed by …

77-11c-102. Retention of evidence as an exhibit. (1) If evidence is admitted as an exhibit for a court proceeding, the clerk of the court shall: retain the evidence; or return the evidence to the custody of the agency. (2) Rule 4-206 of the Utah Code of Judicial Administration ap…

77-11c-103. Disposal or return of evidence. When evidence is no longer subject to retention under this chapter, the agency shall: (1) return evidence that is property to a claimant under Chapter 11a, Part 3, Return of Seized Property to Claimant; or (2) dispose of evidence that i…

77-11c-201. Retention of evidence of misdemeanor offenses. (1) An agency shall retain evidence of a misdemeanor offense for the longer of: the length of the statute of limitations for the offense if: no charges are filed for the offense; or the offense remains unsolved; 60 days a…

77-11c-202. Requirements for not retaining evidence of a misdemeanor offense -- Preservation of sufficient evidence. (1) An agency is not required to retain evidence of a misdemeanor offense under Sectionif: 77-11c-201 the agency determines that: the size, bulk, or physical chara…

77-11c-203. Request to prosecuting attorney by agency -- Notification to defendant. (1) If an agency determines that the agency is not required to retain evidence of a misdemeanor offense under Subsectionand the agency seeks to return or dispose of the evidence, the agency shall …

77-11c-301. Retention of evidence for felony offenses. (1) Except as provided in Subsection, an agency shall retain evidence of a felony offense: (4) for the longer of: the length of the statute of limitations for the felony offense if: charges are not filed for the felony offens…

77-11c-302. Requirements for not retaining evidence of felony offense -- Preservation of sufficient evidence. (1) An agency is not required to retain evidence of a felony offense under Sectionif: 77-11c-301 the agency determines that: the size, bulk, or physical character of the …

77-11c-303. Procedure for authorizing the return or disposal of evidence of a felony offense. (1) If an agency determines that the agency is not required to retain evidence of a felony offense under Subsection, and the agency seeks to return or dispose of the evidence, the agency…

77-11c-401. Preservation of biological evidence -- Procedures -- Inventory request. (1) Except as provided in Section, an evidence collecting or retaining entity shall preserve biological evidence of a violent felony offense in accordance with this part. 77-11c-402 (2) An evidenc…

77-11c-402. Exceptions to preservation of biological evidence. (1) As used in this section, "offense concerning driving under the influence" means: Section; 41-6a-502 Section; 41-6a-502.5 Section; 41-6a-517 Section; 41-6a-530 Section; 76-5-102.1 Section; and 76-5-207 a local ordi…

77-11c-403. Remedies for failure to preserve biological evidence. (1) Except as provided in Subsectionsand, if a court finds that biological evidence that reasonably could have been found to be exculpatory in a defendant's criminal case was not preserved in accordance with this c…

77-11d-101. Definitions. As used in this chapter: (1) "Interest holder" means the same as that term is defined in Section. 77-11a-101 (2) "Lost or mislaid property": means any property that comes into the possession of a peace officer or law enforcement agency: that is not claime…

77-11d-102. Disposition by police agency. (1) Except as described in Subsection, a peace officer or law enforcement agency that receives lost or mislaid property shall give the property to, hold the property, and dispose of the property through the local law enforcement agency wh…

77-11d-103. Statement of finder of property. (1) A person who finds lost or mislaid property and delivers it to a local law enforcement agency shall sign a statement included in a form provided by the agency, stating: the manner in which the property came into the person's posses…

77-11d-104. Locating owner of property. (1) The local law enforcement agency shall take reasonable steps to determine the identity and location of the owner, and notify the owner that the property is in custody. (2) The owner may obtain the property only by providing personal ide…

77-11d-105. Disposition of unclaimed property. (1) Except as provided in Subsection, if the owner of any lost or mislaid property cannot be determined or notified, or if the owner of the property is determined and notified, and fails to appear and claim the property after three m…

77-13-1. Kinds of pleas. (1) There are five kinds of pleas to an indictment or information: not guilty; guilty; no contest; not guilty by reason of insanity; and guilty with a mental condition at the time of the offense. (2) An alternative plea of not guilty or not guilty by reas…

77-13-2. Record of plea -- Effect of each kind of plea. Every plea shall be entered upon the record of the court and shall have the following effect: (1) A plea of not guilty is a denial of the guilt of the accused and puts in issue every material allegation of the information or…

77-13-3. Court approval of no contest plea required. A plea of no contest may be entered by the accused only upon approval of the court and only after due consideration of the views of the parties and the interest of the public in the effective administration of justice.

77-13-4. Felonies -- Entry in open court. All pleas in felony cases shall be entered by the defendant in open court and the proceedings recorded.

77-13-5. Failure to plead -- Not guilty entered. When a defendant does not enter a plea, the court shall enter a plea of not guilty for the defendant.

77-13-6. Withdrawal of a plea. (1) A defendant may withdraw a plea of not guilty at any time before conviction. (2) A defendant may only withdraw a plea of guilty or no contest upon: a leave of the court; and a showing that the defendant did not knowingly or voluntarily make the …

77-14-1. Time and place of alleged offense -- Specification. The prosecuting attorney, on timely written demand of the defendant, shall within 10 days, or such other time as the court may allow, specify in writing as particularly as is known to the prosecuting attorney the place,…

77-14-2. Alibi -- Notice requirements -- Witness lists. (1) A defendant, whether or not written demand has been made, who intends to offer evidence of an alibi shall, not less than 10 days before trial or at such other time as the court may allow, file and serve on the prosecutin…

77-14-3. Testimony regarding mental state of defendant or another -- Notice requirements -- Right to examination. (1) If the prosecution or the defense intends to call any expert to testify at trial or at any hearing regarding the mental state of the defendant or another, the par…

77-14-4. Insanity or diminished mental capacity -- Notice requirement. (1) If a defendant intends to offer evidence that the defendant is not guilty as a result of insanity or that the defendant had diminished mental capacity, or intends to offer evidence in mitigation of a crimi…

77-14-6. Entrapment -- Notice of claim required. Notice of a claim of entrapment shall be given by the defendant in accord with Section.

77-15-1. Incompetent individual not to be tried for public offense. An individual who is incompetent to proceed may not be tried for a public offense.

77-15-10. Involuntary medication order portability. (1) As used in this section: "Covered individual" means an individual subject to an involuntary medication order. "Facility" means: a county jail; the Utah State Hospital established in Section; or 26B-5-302 a facility where a c…

77-15-2. Definitions. As used in this chapter: (1) "Competency evaluation" means an evaluation conducted by a forensic evaluator to determine if an individual is competent to stand trial. (2) "Competent to stand trial" means that a defendant has: a rational and factual understand…

77-15-3. Petition for inquiry regarding defendant -- Filing -- Contents. (1) When a defendant charged with a public offense is incompetent to proceed, an individual described in Subsection (2)(b) may file a petition in the district court of the county where the charge is pending …

77-15-3.5. Incompetent to proceed in misdemeanor cases. (1) When a defendant charged with a misdemeanor may be incompetent to proceed, any petition shall be filed in accordance with Section. 77-15-3 (2) If the most severe charge against a defendant is a misdemeanor and the defend…

77-15-4. Court may raise issue of competency at any time. The court in which a charge is pending may raise the issue of a defendant's competency at any time. If raised by the court, the court shall permit counsel for each party to address the issue of competency.

77-15-5. Order for hearing -- Stay of other proceedings -- Examinations of defendant -- Scope of examination and report. (1) A court in which criminal proceedings are pending shall stay all criminal proceedings, if: a petition is filed under Sectionor; or 77-15-3 77-15-3.5 the co…

77-15-6. Commitment on finding of incompetency to stand trial -- Subsequent hearings -- Notice to prosecuting attorneys. (1) Except as provided in Subsection, if after a hearing a court finds a defendant to be incompetent to proceed, the court shall order the defendant committed …

77-15-6.5. Petition for involuntary medication of incompetent defendant. (1) As used in this section, "final order" means a court order that determines the rights of the parties and concerning which appellate remedies have been exhausted or the time for appeal has expired. (2) At…

77-15-7. Statute of limitations and speedy trial -- Effect of incompetency of defendant. (1) The statute of limitations is tolled during any period in which the defendant is adjudicated incompetent to proceed. (2) Any period of time during which the defendant has been adjudicated…

77-15-8. Bail exonerated on commitment of defendant. When a defendant awaiting trial is committed to a mental health facility, bail shall be exonerated.