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H.B. 104 Enrolled
This act modifies Code of Criminal Procedure provisions regarding disposal of property
received by a peace officer by amending provisions for returning property to an owner to
reflect the role of the agency's evidence custodian in the process.
This act affects sections of Utah Code Annotated 1953 as follows:
77-24-2, as last amended by Chapter 10, Laws of Utah 1992
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 77-24-2 is amended to read:
77-24-2. Return of property not needed as evidence -- Procedure.
(1) Custodial property which is not needed as evidence shall be returned to the owner
in accordance with this chapter if [
(2) (a) When the peace officer or the officer's employing agency [
shall advise the prosecuting attorney [
needed and shall provide a description and details of ownership.
(b) When the prosecuting attorney[
otherwise becomes aware that the property is not needed as evidence, [
(c) (i) Upon proof of ownership and of lawfulness of possession satisfactory to the
shall release the property to the owner [
(ii) If the evidence custodian is unable to locate an owner of the property or if the
owner is not entitled to lawfully possess the property, the agency having custody of the
property shall dispose of the property in accordance with Section 77-24-4 .
(3) (a) When custodial property is received in evidence, [
of the court last receiving it shall retain the property or the clerk shall [
the property to the custody of the peace officer. The property shall be retained by the clerk or
the officer until all direct appeals and retrials are final, at which time the property shall be
returned to the owner in accordance with this [
(b) If the prosecuting attorney considers it necessary to retain control over the evidence,
in anticipation of possible collateral attacks upon the judgment or [
potential prosecution, he may decline to authorize return of the property to the owner.
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