Senator Howard A. Stephenson
proposes the following amendments:
1. Page
1, Lines 19 through 20
:
19
. provides that if the prosecuting attorney does not
{
file a forfeiture complaint
}
take
specified action regarding forfeiture of the property
within
20
{
60
}
75
days after the seizure, the property shall be promptly returned and no further
2. Page
1, Line 27 through Page 2, Line 28
:
27
fees to 20% of the value of the property
{
or the actual amount of attorney fees,
28
whichever is less
}
.
3. Page
2, Lines 36 through 37
:
36
24-4-104
, as enacted by Laws of Utah 2013, Chapter 394
37
24-4-105
, as enacted by Laws of Utah 2013, Chapter 394
4. Page
5, Lines 144 through 146
:
144
(1) (a)
{
Within [90] 60 days from the date the property is seized, the prosecuting
145
attorney [may elect to] shall file a complaint for civil forfeiture in the appropriate district court.
}
The law enforcement agency shall promptly return seized property, and the prosecuting
attorney may take no further action to effect the forfeiture of the property, unless within 75
days after the property is seized the prosecuting attorney:
(i) files a criminal forfeiture indictment or information under Subsection 24-4-105(2);
(ii) obtains a restraining order under Subsection 24-4-105(3);
(iii) files a petition under Subsection 24-4-114(1); or
(iv) files a civil forfeiture complaint.
146
(b)
{
The
}
A
complaint
for civil forfeiture
shall describe with reasonable particularity the:
5. Page
5a, Line 150
:
150
(2) (a) After
{
the
}
a
complaint is filed, the prosecuting attorney shall serve a copy of the
6. Page
7, Lines 184 through 189
:
184
bond with respect to the property subject to forfeiture.
185
{
(8) If the prosecuting attorney does not file a civil complaint for forfeiture within 60
186
days of the seizure of the property, as required by Subsection
24-4-104
(1):
187
(a) the seizing agency shall promptly return the property to the claimant; and
188
(b) the prosecuting attorney may take no further action to effect the forfeiture of the
189
property.
}
7. Page
14, Line 422
:
422
{
seized
}
forfeited
property in attorney fees
{
or the actual amount of the attorney fees,
whichever is less
}
.