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H.B. 384 Enrolled
7 LONG TITLE
8 General Description:
9 This bill modifies the Utah Code regarding forfeiture provisions and consolidates
10 provisions regarding forfeiture and disposition of property, including mislaid property.
11 Highlighted Provisions:
12 This bill:
13 . repeals the current Title 24, Forfeiture Procedures, and enacts a new Title 24,
14 Forfeiture of Property Act, which reinstates forfeiture provisions and also includes
15 various forfeiture provisions previously located in other sections of the Utah Code;
16 . provides that the provisions regarding attorney fees and costs are modified to
17 establish that the prevailing party in a forfeiture action may not claim fees and costs
18 in excess of 20% of the value of the property;
19 . renames the Crime Reduction Assistance Program to the State Asset Forfeiture
20 Grant Program;
21 . provides that the Commission on Criminal and Juvenile Justice may retain up to 3%
22 of the State Asset Forfeiture Grant Program appropriated funds to pay for
23 administrative costs;
24 . amends sections of the code that include various forfeiture provisions by moving
25 those sections into Title 24, Forfeiture of Property Act;
26 . repeals the State Law Enforcement Forfeiture Account and addresses distribution of
27 money in the account;
28 . includes tobacco products, in addition to cigarettes, in the tobacco forfeiture
30 . amends Title 77, Chapter 24a, regarding unclaimed personal property, to address
31 lost or mislaid personal property and procedures regarding turning found property to
32 law enforcement, the claiming of the property by a rightful owner, and disposition
33 of unclaimed property;
34 . provides that all property that has been used to facilitate the commission of a crime
35 and any proceeds of criminal activity are subject to forfeiture unless a specific law
36 addresses forfeiture, such as DUI and wildlife offense issues; and
37 . amends affected references in other sections.
38 Money Appropriated in this Bill:
40 Other Special Clauses:
41 This bill takes effect on July 1, 2013.
42 This bill coordinates with H.B. 287, Return of Weapons Recovered by Law
43 Enforcement, by providing for a July 1, 2013 effective date.
44 Utah Code Sections Affected:
46 23-20-1, as last amended by Laws of Utah 2011, Chapter 297
47 32B-4-206, as last amended by Laws of Utah 2011, Chapters 307 and 334
48 41-6a-527, as last amended by Laws of Utah 2012, Chapter 81
49 53-7-406, as enacted by Laws of Utah 2007, Chapter 362
50 63J-1-602.1, as last amended by Laws of Utah 2012, Chapter 332
51 76-6-903, as last amended by Laws of Utah 1999, Chapter 51
52 76-10-1603.5, as last amended by Laws of Utah 2007, Chapters 129 and 180
53 77-24a-2, as enacted by Laws of Utah 1986, Chapter 131
54 77-24a-3, as enacted by Laws of Utah 1986, Chapter 131
55 77-24a-4, as enacted by Laws of Utah 1986, Chapter 131
56 77-24a-5, as last amended by Laws of Utah 2009, Chapter 388
58 24-1-101, Utah Code Annotated 1953
59 24-1-102, Utah Code Annotated 1953
60 24-1-103, Utah Code Annotated 1953
61 24-2-101, Utah Code Annotated 1953
62 24-2-102, Utah Code Annotated 1953
63 24-2-103, Utah Code Annotated 1953
64 24-3-101, Utah Code Annotated 1953
65 24-3-102, Utah Code Annotated 1953
66 24-3-103, Utah Code Annotated 1953
67 24-3-104, Utah Code Annotated 1953
68 24-4-101, Utah Code Annotated 1953
69 24-4-102, Utah Code Annotated 1953
70 24-4-103, Utah Code Annotated 1953
71 24-4-104, Utah Code Annotated 1953
72 24-4-105, Utah Code Annotated 1953
73 24-4-106, Utah Code Annotated 1953
74 24-4-107, Utah Code Annotated 1953
75 24-4-108, Utah Code Annotated 1953
76 24-4-109, Utah Code Annotated 1953
77 24-4-110, Utah Code Annotated 1953
78 24-4-111, Utah Code Annotated 1953
79 24-4-112, Utah Code Annotated 1953
80 24-4-113, Utah Code Annotated 1953
81 24-4-114, Utah Code Annotated 1953
82 24-4-115, Utah Code Annotated 1953
83 24-4-116, Utah Code Annotated 1953
84 24-4-117, Utah Code Annotated 1953
85 REPEALS AND REENACTS:
86 77-24a-1, as last amended by Laws of Utah 2005, Chapter 126
88 24-1-1, as last amended by Laws of Utah 2002, Chapter 185
89 24-1-2, as last amended by Laws of Utah 2004, Chapter 296
90 24-1-3, as last amended by Laws of Utah 2007, Chapter 272
91 24-1-3.5, as last amended by Laws of Utah 2008, Chapter 3
92 24-1-4, as last amended by Laws of Utah 2009, Chapter 388
93 24-1-5, as enacted by Statewide Initiative B, Nov. 7, 2000
94 24-1-6, as last amended by Laws of Utah 2004, Chapter 296
95 24-1-7, as last amended by Laws of Utah 2011, Chapter 366
96 24-1-8, as last amended by Laws of Utah 2011, Chapter 297
97 24-1-9, as enacted by Statewide Initiative B, Nov. 7, 2000
98 24-1-10, as last amended by Laws of Utah 2004, Chapter 296
99 24-1-11, as last amended by Laws of Utah 2004, Chapter 296
100 24-1-12, as last amended by Laws of Utah 2004, Chapter 296
101 24-1-13, as enacted by Statewide Initiative B, Nov. 7, 2000
102 24-1-14, as last amended by Laws of Utah 2004, Chapter 296
103 24-1-15, as last amended by Laws of Utah 2007, Chapter 180
104 24-1-17, as enacted by Laws of Utah 2004, Chapter 296
105 24-1-18, as enacted by Laws of Utah 2004, Chapter 296
106 24-1-19, as last amended by Laws of Utah 2011, Chapter 342
107 24-1-20, as last amended by Laws of Utah 2011, Chapter 342
108 41-6a-211, as renumbered and amended by Laws of Utah 2005, Chapter 2
109 58-37-13, as last amended by Laws of Utah 2002, Chapter 185
110 76-3-501, as last amended by Laws of Utah 2002, Chapter 185
111 76-10-525, as enacted by Laws of Utah 1973, Chapter 196
112 76-10-1107, as last amended by Laws of Utah 2007, Chapter 180
113 76-10-1908, as last amended by Laws of Utah 2002, Chapter 185
114 77-24-1, as last amended by Laws of Utah 2005, Chapter 126
115 77-24-1.5, as last amended by Laws of Utah 2011, Chapter 130
116 77-24-2, as last amended by Laws of Utah 2012, Chapters 47 and 284
117 77-24-3, as enacted by Laws of Utah 1980, Chapter 15
118 77-24-4, as last amended by Laws of Utah 2005, Chapter 126
119 77-24-5, as last amended by Laws of Utah 2005, Chapter 126
120 Utah Code Sections Affected by Coordination Clause:
121 77-24-2, as last amended by Laws of Utah 2012, Chapters 47 and 284
122 Uncodified Material Affected:
123 ENACTS UNCODIFIED MATERIAL
125 Be it enacted by the Legislature of the state of Utah:
126 Section 1. Section 23-20-1 is amended to read:
127 23-20-1. Enforcement authority of conservation officers -- Seizure and disposition
128 of property.
129 (1) Conservation officers of the division shall enforce the provisions of this title with
130 the same authority and following the same procedures as other law enforcement officers.
131 (2) (a) Conservation officers shall seize any protected wildlife illegally taken or held.
132 (b) (i) Upon determination of a defendant's guilt by the court, the protected wildlife
133 shall be confiscated by the court and sold or otherwise disposed of by the division.
134 (ii) Proceeds of the sales shall be deposited in the Wildlife Resources Account.
135 (iii) Migratory wildfowl may not be sold, but shall be given to a charitable institution
136 or used for other charitable purposes.
143 unlawful taking or possessing of protected wildlife for any of the following purposes:
144 (i) to provide for the safekeeping of the vehicle, if the owner or operator is arrested;
145 (ii) to search the vehicle as provided in Subsection (2)(a) or as provided by a search
146 warrant; or
147 (iii) to inspect the vehicle for evidence that protected wildlife was unlawfully taken or
149 (b) The division shall store any seized vehicle in a public or private garage, state
150 impound lot, or other secured storage facility.
152 date the vehicle is seized, unless the vehicle was used for the unlawful taking or possessing of
153 wildlife by a person who is charged with committing a felony under this title.
159 if the owner used the vehicle for the unlawful taking or possessing of wildlife and is found by a
160 court to be guilty of a violation of this title.
162 or, if the fees have been paid, is entitled to reimbursement of the fees paid, if:
163 (i) no charges are filed or all charges are dropped which involve the use of the vehicle
164 for the unlawful taking or possessing of wildlife;
165 (ii) the person charged with using the vehicle for the unlawful taking or possessing of
166 wildlife is found by a court to be not guilty; or
167 (iii) the owner did not consent to a use of the vehicle which violates this chapter.
168 Section 2. Section 24-1-101 is enacted to read:
171 24-1-101. Title.
172 (1) This title is known as the "Forfeiture and Disposition of Property Act."
173 (2) This chapter is known as "General Provisions."
174 Section 3. Section 24-1-102 is enacted to read:
175 24-1-102. Definitions.
176 As used in this title:
177 (1) "Account" means the Criminal Forfeiture Restricted Account created in Section
178 24-4-116 .
179 (2) (a) "Acquittal" means a finding by a jury or a judge at trial that a claimant is not
181 (b) An acquittal does not include:
182 (i) a verdict of guilty on a lesser or reduced charge;
183 (ii) a plea of guilty to a lesser or reduced charge; or
184 (iii) dismissal of a charge as a result of a negotiated plea agreement.
185 (3) "Agency" means any agency of municipal, county, or state government, including
186 law enforcement agencies, law enforcement personnel, and multijurisdictional task forces.
187 (4) (a) "Claimant" means any:
188 (i) owner of property as defined in this section;
189 (ii) interest holder as defined in this section; or
190 (iii) person from whom property is seized for forfeiture.
191 (b) A claimant does not include a person or entity who disclaims in writing ownership
192 of or interest in property.
193 (5) "Commission" means the Utah Commission on Criminal and Juvenile Justice.
194 (6) "Complaint" means a civil in rem complaint seeking the forfeiture of any real or
195 personal property under this title.
196 (7) "Constructive seizure" means a seizure of property where the property is left in the
197 control of the owner and the seizing agency posts the property with a notice of intent to seek
199 (8) (a) "Contraband" means any property, item, or substance that is unlawful to
200 produce or to possess under state or federal law.
201 (b) All controlled substances that are possessed, transferred, distributed, or offered for
202 distribution in violation of Title 58, Chapter 37, Utah Controlled Substances Act, are
204 (9) "Innocent owner" means a claimant who:
205 (a) held an ownership interest in property at the time the conduct subjecting the
206 property to forfeiture occurred, and:
207 (i) did not have actual knowledge of the conduct subjecting the property to forfeiture;
209 (ii) upon learning of the conduct subjecting the property to forfeiture, took reasonable
210 steps to prohibit the illegal use of the property; or
211 (b) acquired an ownership interest in the property and who had no knowledge that the
212 illegal conduct subjecting the property to forfeiture had occurred or that the property had been
213 seized for forfeiture, and:
214 (i) acquired the property in a bona fide transaction for value;
215 (ii) was a person, including a minor child, who acquired an interest in the property
216 through probate or inheritance; or
217 (iii) was a spouse who acquired an interest in property through dissolution of marriage
218 or by operation of law.
219 (10) (a) "Interest holder" means a secured party as defined in Section 70A-9a-102 , a
220 mortgagee, lien creditor, or the beneficiary of a security interest or encumbrance pertaining to
221 an interest in property, whose interest would be perfected against a good faith purchaser for
223 (b) "Interest holder" does not mean a person who holds property for the benefit of or as
224 an agent or nominee for another person, or who is not in substantial compliance with any
225 statute requiring an interest in property to be recorded or reflected in public records in order to
226 perfect the interest against a good faith purchaser for value.
227 (11) "Known address" means any address provided by a claimant to the agency at the
228 time the property was seized, or the claimant's most recent address on record with a
229 governmental entity if no address was provided at the time of the seizure.
230 (12) "Legal costs" means the costs and expenses incurred by a party in a forfeiture
232 (13) "Legislative body" means:
233 (a) (i) the Legislature, county commission, county council, city commission, city
234 council, or town council that has fiscal oversight and budgetary approval authority over an
235 agency; or
236 (ii) the agency's governing political subdivision; or
237 (b) the lead governmental entity of a multijurisdictional task force, as designated in a
238 memorandum of understanding executed by the agencies participating in the task force.
239 (14) "Multijurisdictional task force" means a law enforcement task force or other
240 agency comprised of persons who are employed by or acting under the authority of different
241 governmental entities, including federal, state, county or municipal governments, or any
242 combination of these agencies.
243 (15) "Owner" means any person or entity, other than an interest holder, that possesses a
244 bona fide legal or equitable interest in real or personal property.
245 (16) (a) "Proceeds" means:
246 (i) property of any kind that is obtained directly or indirectly as a result of the
247 commission of an offense that gives rise to forfeiture; or
248 (ii) any property acquired directly or indirectly from, produced through, realized
249 through, or caused by an act or omission regarding property under Subsection (16)(a)(i).
250 (b) "Proceeds" includes any property of any kind without reduction for expenses
251 incurred in the acquisition, maintenance, or production of that property, or any other purpose
252 regarding property under Subsection (16)(a)(i).
253 (c) "Proceeds" is not limited to the net gain or profit realized from the offense that
254 gives rise to forfeiture.
255 (17) "Program" means the State Asset Forfeiture Grant Program established in Section
256 24-4-117 .
257 (18) "Property" means all property, whether real or personal, tangible or intangible, but
258 does not include contraband.
259 (19) "Prosecuting attorney" means:
260 (a) the attorney general and any assistant attorney general;
261 (b) any district attorney or deputy district attorney;
262 (c) any county attorney or assistant county attorney; and
263 (d) any other attorney authorized to commence an action on behalf of the state under
264 this title.
265 (20) "Public interest use" means a:
266 (a) use by a government agency as determined by the legislative body of the agency's
267 jurisdiction; or
268 (b) donation of the property to a nonprofit charity registered with the state.
269 (21) "Real property" means land and includes any building, fixture, improvement,
270 appurtenance, structure, or other development that is affixed permanently to land.
271 Section 4. Section 24-1-103 is enacted to read:
272 24-1-103. Jurisdiction and venue.
273 (1) A state district court has jurisdiction over any action filed in accordance with this
274 title regarding:
275 (a) all interests in property if the property is within this state at the time the action is
276 filed; and
277 (b) a claimant's interests in the property, if the claimant is subject to the personal
278 jurisdiction of the district court.
279 (2) (a) In addition to the venue provided for under Title 78B, Chapter 3, Part 3, Place
280 of Trial - Venue, or any other provisions of law, a proceeding for forfeiture under this title may
281 be maintained in the judicial district in which:
282 (i) any part of the property is found; or
283 (ii) a civil or criminal action could be maintained against a claimant for the conduct
284 alleged to constitute grounds for forfeiture.
285 (b) A claimant may obtain a change of venue under Section 78B-3-309 .
286 Section 5. Section 24-2-101 is enacted to read:
288 24-2-101. Title.
289 This chapter is known as "Seizure of Property."
290 Section 6. Section 24-2-102 is enacted to read:
291 24-2-102. Grounds for seizing property.
292 (1) Property may be seized by a peace officer or any other person authorized by law
293 upon process issued by a court having jurisdiction over the property in accordance with the
294 Utah Rules of Criminal Procedure relating to search warrants or administrative warrants.
295 (2) Property may be seized under this chapter when:
296 (a) the seizure is incident to an arrest;
297 (b) the property seized is the subject of a prior judgment in favor of the state in a
298 criminal injunction or forfeiture proceeding under this title; or
299 (c) the peace officer or other person authorized by law has probable cause to believe
300 that the property:
301 (i) is directly or indirectly dangerous to health or safety;
302 (ii) is evidence of a crime;
303 (iii) has been used or was intended to be used to commit a crime; or
304 (iv) is proceeds of a crime.
305 Section 7. Section 24-2-103 is enacted to read:
306 24-2-103. Property seized by a peace officer -- Custody and control of property.
307 (1) (a) When property is seized by a peace officer, the peace officer or the officer's
308 employing agency shall provide a receipt to the person from whom the property was seized.
309 (b) The receipt shall describe the:
310 (i) property seized;
311 (ii) date of seizure; and
312 (iii) name and contact information of the officer's employing agency.
313 (c) A copy of the receipt shall be maintained by the agency.
314 (d) If custody of the property is transferred to another agency, a copy of the receipt
315 under Subsection (1)(a) shall be provided with the property.
316 (2) The agency responsible for maintaining the property shall:
317 (a) hold all seized property in safe custody until it can be disposed of as provided in
318 this title; and
319 (b) maintain a record of the property that includes:
320 (i) a detailed inventory of all property seized;
321 (ii) the name of the person from whom it was seized; and
322 (iii) the agency's case number.
323 (3) Property seized under this title is not recoverable by replevin, but is considered in
324 the agency's custody subject only to the orders of the court or the official having jurisdiction.
325 (4) All controlled substances or other contraband that is seized by a peace officer may
326 be processed for evidentiary or investigative purposes, including sampling or other preservation
327 procedure prior to disposal or destruction.
328 (5) (a) An agency shall deposit property in the form of cash or other readily negotiable
329 instruments into a separate, restricted, interest-bearing account maintained by the agency solely
330 for the purpose of managing and protecting the property from commingling, loss, or
332 (b) Each agency shall have written policies for the identification, tracking,
333 management, and safekeeping of seized property, which shall include a prohibition against the
334 transfer, sale, or auction of seized property to any employee of the agency.
335 (6) If a peace officer or the officer's employing agency records an interview of a minor
336 child during an investigation of a violation of Section 76-5-402.1 , 76-5-402.3 , 76-5-403.1 , or
337 76-5-404.1 , the agency shall retain a copy of the recording for 18 years following the date of
338 the last recording unless the prosecuting attorney requests in writing that the recording be
339 retained for an additional period of time.
340 (7) Title 13, Chapter 32a, Pawnshop and Secondhand Merchandise Transaction
341 Information Act, governs the disposition of property held by a pawn or secondhand business in
342 the course of its business.
343 Section 8. Section 24-3-101 is enacted to read:
345 24-3-101. Title.
346 This chapter is known as "Property Held as Evidence."
347 Section 9. Section 24-3-102 is enacted to read:
348 24-3-102. Property received in evidence.
349 (1) When property is received in evidence by the court, the clerk of the court shall
350 retain the property or the clerk shall return the property to the custody of the peace officer or
351 the agency employing the peace officer.
352 (2) The property shall be retained by the clerk or the officer or the officer's agency until
353 all direct appeals and retrials are final, at which time the property shall be disposed of in
354 accordance with this title.
355 (3) If the prosecuting attorney considers it necessary to retain control over the evidence
356 in anticipation of possible collateral attacks upon the judgment or for use in a potential
357 prosecution, the prosecutor may decline to authorize the disposal of the property under this
359 Section 10. Section 24-3-103 is enacted to read:
360 24-3-103. Property no longer needed as evidence -- Disposition of property.
361 (1) When the prosecuting attorney determines that property no longer needs to be held
362 as evidence, the prosecuting attorney may:
363 (a) petition the court to apply any property that is money towards restitution, fines,
364 fees, or monetary judgments owed by the owner of the property;
365 (b) petition the court for an order transferring ownership of any weapons to the seizing
366 agency for its use and disposal as the seizing agency determines, if the owner:
367 (i) is the person who committed the crime for which the weapon was seized; or
368 (ii) may not lawfully possess the weapon; or
369 (c) notify the agency that has possession of the property that the property may be:
370 (i) returned to the rightful owner, if the rightful owner may lawfully possess it; or
371 (ii) disposed of, if the property is contraband.
372 (2) The agency shall exercise due diligence in attempting to notify the rightful owner of
373 the property to advise the owner that the property is to be returned.
374 (3) (a) Before the agency may release property to a person claiming ownership of the
375 property, the person shall establish to the agency pursuant to Subsection (3)(b) that the person:
376 (i) is the rightful owner; and
377 (ii) may lawfully possess the property.
378 (b) The person shall establish ownership under Subsection (3)(a) by providing to the
380 (i) identifying proof or documentation of ownership of the property; or
381 (ii) a notarized statement, if proof or documentation is not available.
382 (4) (a) When property is returned to the owner, a receipt listing in detail the property
383 returned shall be signed by the owner.
384 (b) The receipt shall be retained by the agency and a copy shall be provided to the
386 (5) If the agency is unable to locate the rightful owner of the property or if the rightful
387 owner is not entitled to lawfully possess the property, the agency may:
388 (a) apply the property to a public interest use;
389 (b) sell the property at public auction and apply the proceeds of the sale to a public
390 interest use; or
391 (c) destroy the property if it is unfit for a public interest use or for sale.
392 (6) Before applying the property or the proceeds from the sale of the property to a
393 public interest use, the agency shall obtain from the legislative body of its jurisdiction:
394 (a) permission to apply the property or the proceeds to public interest use; and
395 (b) the designation and approval of the public interest use of the property or the
397 Section 11. Section 24-3-104 is enacted to read:
398 24-3-104. Petition to return property held as evidence.
399 (1) (a) A person claiming ownership of property held as evidence may file a petition
400 with the court for the return of the property.
401 (b) The petition may be filed in:
402 (i) the court in which criminal proceedings have commenced regarding the conduct for
403 which the property is held as evidence; or
404 (ii) the district court of the jurisdiction where the property was seized, if there are no
405 pending criminal proceedings.
406 (c) A copy of the petition shall be served on the prosecuting attorney and the agency
407 which has possession of the property.
408 (2) The court shall provide an opportunity for an expedited hearing. After the
409 opportunity for an expedited hearing, the court may order that the property be:
410 (a) returned to the rightful owner as determined by the court;
411 (b) applied directly or by proceeds of the sale of the property toward restitution, fines,
412 or fees owed by the rightful owner in an amount set by the court;
413 (c) converted to a public interest use;
414 (d) held for further legal action;
415 (e) sold at public auction and the proceeds of the sale applied to a public interest use;
417 (f) destroyed.
418 (3) Before the court can order property be returned to a person claiming ownership of
419 property, the person shall establish by clear and convincing evidence that the person:
420 (a) is the rightful owner; and
421 (b) may lawfully possess the property.
422 (4) If the court orders the property to be returned, the agency that possesses the
423 property shall return the property to the claimant as expeditiously as possible.
424 Section 12. Section 24-4-101 is enacted to read:
426 24-4-101. Title.
427 This chapter is known as "Property Held for Forfeiture."
428 Section 13. Section 24-4-102 is enacted to read:
429 24-4-102. Property subject to forfeiture.
430 (1) Except as provided in Subsection (3), all property that has been used to facilitate
431 the commission of a federal or state offense and any proceeds of criminal activity may be
432 forfeited under this chapter, including:
433 (a) real property, including things growing on, affixed to, and found in land; and
434 (b) tangible and intangible personal property, including money, rights, privileges,
435 interests, claims, and securities of any kind.
436 (2) If the property is used to facilitate a violation of Section 76-10-1204 , 76-10-1205 ,
437 76-10-1206 , or 76-10-1222 , the property subject to forfeiture under this section is limited to
438 property, the seizure or forfeiture of which would not constitute a prior restraint on the exercise
439 of an affected party's rights under the First Amendment to the Constitution of the United States
440 or Utah Constitution, Article I, Section 15, or would not otherwise unlawfully interfere with the
441 exercise of those rights.
442 (3) A motor vehicle used in a violation of Section 41-6a-502 , 41-6a-517 , a local
443 ordinance that complies with the requirements of Subsection 41-6a-510 (1), Subsection
444 58-37-8 (2)(g), or Section 76-5-207 may not be forfeited unless:
445 (a) the operator of the vehicle has previously been convicted of a violation, committed
446 after May 12, 2009, of:
447 (i) a felony driving under the influence violation under Section 41-6a-502 ;
448 (ii) a felony violation under Subsection 58-37-8 (2)(g); or
449 (iii) automobile homicide under Section 76-5-207 ; or
450 (b) the operator of the vehicle was driving on a denied, suspended, revoked, or
451 disqualified license; and
452 (i) the denial, suspension, revocation, or disqualification under Subsection (3)(c) was
453 imposed because of a violation under:
454 (A) Section 41-6a-502 ;
455 (B) Section 41-6a-517 ;
456 (C) a local ordinance that complies with the requirements of Subsection 41-6a-510 (1);
457 (D) Section 41-6a-520 ;
458 (E) Subsection 58-37-8 (2)(g);
459 (F) Section 76-5-207 ; or
460 (G) a criminal prohibition that the person was charged with violating as a result of a
461 plea bargain after having been originally charged with violating one or more of the sections or
462 ordinances described in Subsections (3)(b)(i)(A) through (F); or
463 (ii) the denial, suspension, revocation, or disqualification described in Subsections
464 (3)(b)(i)(A) through (G):
465 (A) is an extension imposed under Subsection 53-3-220 (2) of a denial, suspension,
466 revocation, or disqualification; and
467 (B) the original denial, suspension, revocation, or disqualification was imposed
468 because of a violation described in Subsections (3)(b)(i)(A) through (G).
469 Section 14. Section 24-4-103 is enacted to read:
470 24-4-103. Initiating forfeiture proceedings -- Notice of intent to seek forfeiture.
471 (1) (a) Within 30 days from the date that property is seized, an agency seeking to forfeit
472 property shall serve a notice of intent to seek forfeiture upon any claimants known to the
474 (b) The notice of intent to seek forfeiture shall describe the:
475 (i) date of the seizure;
476 (ii) property seized;
477 (iii) claimant's rights and obligations under this chapter, including the availability of
478 hardship relief in appropriate circumstances; and
479 (iv) statutory basis for the forfeiture, including the judicial proceedings by which
480 property may be forfeited under this chapter.
481 (c) The notice of intent to seek forfeiture shall be served by:
482 (i) certified mail, return receipt requested, to the claimant's known address; or
483 (ii) personal service.
484 (d) The court may void any forfeiture made without notice under Subsection (1)(a),
485 unless the agency demonstrates:
486 (i) good cause for the failure to give notice to the claimant; or
487 (ii) that the claimant had actual notice of the seizure.
488 (2) (a) Once the agency has served each claimant with a notice of intent to seek
489 forfeiture, but no later than 60 days from the date that property is seized, the agency shall
490 present a written request for forfeiture to the prosecuting attorney.
491 (b) The written request shall:
492 (i) describe the property to be forfeited; and
493 (ii) include a copy of all reports, supporting documents, and other evidence necessary
494 for the prosecuting attorney to determine the legal sufficiency for filing a forfeiture action.
495 Section 15. Section 24-4-104 is enacted to read:
496 24-4-104. Civil forfeiture procedure.
497 (1) (a) Within 90 days from the date the property is seized, the prosecuting attorney
498 may elect to file a complaint for civil forfeiture in the appropriate district court.
499 (b) The complaint shall describe with reasonable particularity the:
500 (i) property that is the subject of the forfeiture proceeding;
501 (ii) date and place of seizure; and
502 (iii) factual allegations that constitute a basis for forfeiture.
503 (2) (a) After the complaint is filed, the prosecuting attorney shall serve a copy of the
504 complaint and summons upon each claimant known to the prosecuting attorney within 30 days.
505 (b) Service of the complaint and summons shall be by:
506 (i) personal service;
507 (ii) certified mail, return receipt requested, to the claimant's known address; or
508 (iii) if the prosecuting attorney demonstrates to the court that service cannot reasonably
509 be made by personal service or certified mail, the court may then allow service by electronic
510 publication on Utah's Public Legal Notice Website established in Subsection 45-1-101 (2)(b).
511 (c) Service is effective upon the earlier of:
512 (i) personal service;
513 (ii) mailing of a written notice; or
514 (iii) electronic publication.
515 (d) Upon motion of the prosecuting attorney and a showing of good cause, the court
516 may extend the period to complete service under this section for an additional 60 days.
517 (3) (a) In any case where the prosecuting attorney files a complaint for forfeiture, a
518 claimant may file an answer to the complaint.
519 (b) The answer shall be filed within 30 days after the complaint is served upon the
520 claimant as provided in Subsection (2)(b).
521 (4) Except as otherwise provided in this chapter, forfeiture proceedings are governed
522 by the Utah Rules of Civil Procedure.
523 (5) The court shall take all reasonable steps to expedite civil forfeiture proceedings and
524 shall give these proceedings the same priority as is given to criminal cases.
525 (6) In all suits or actions brought under this section for the civil forfeiture of any
526 property, the burden of proof is on the prosecuting attorney to establish by clear and convincing
527 evidence the extent to which, if any, the property is subject to forfeiture.
528 (7) A claimant may file an answer to a complaint for civil forfeiture without posting
529 bond with respect to the property subject to forfeiture.
530 Section 16. Section 24-4-105 is enacted to read:
531 24-4-105. Criminal forfeiture procedure.
532 (1) If a claimant is criminally prosecuted for conduct giving rise to the forfeiture, the
533 prosecuting attorney may elect to seek forfeiture of the claimant's interest in the property
534 through the criminal case.
535 (2) If the prosecuting attorney elects to seek forfeiture of the claimant's interest in the
536 property through the criminal case, the information or indictment shall state that the claimant's
537 interest in the property is subject to forfeiture and the basis for the forfeiture.
538 (3) (a) Upon application of the prosecuting attorney, the court may enter restraining
539 orders or injunctions, or take other reasonable actions to preserve for forfeiture under this
540 section, any property subject to forfeiture if, after notice to known claimants and claimants who
541 can be identified after due diligence and who are known to have an interest in the property, and
542 after affording those persons an opportunity for a hearing, the court determines that:
543 (i) there is a substantial probability that the state will prevail on the issue of forfeiture
544 and that failure to enter the order will result in the property being sold, transferred, destroyed,
545 or removed from the jurisdiction of the court or otherwise made unavailable for forfeiture; and
546 (ii) the need to preserve the availability of the property or prevent its sale, transfer,
547 destruction, or removal through the entry of the requested order outweighs the hardship against
548 any party against whom the order is to be entered.
549 (b) A temporary restraining order may be entered ex parte upon application of the
550 prosecuting attorney before or after an information or indictment has been filed with respect to
551 the property, if the prosecuting attorney demonstrates that:
552 (i) there is probable cause to believe that the property with respect to which the order is
553 sought would, in the event of a conviction, be subject to forfeiture under this section; and
554 (ii) provision of notice would jeopardize the availability of the property for forfeiture
555 or would jeopardize an ongoing criminal investigation.
556 (c) The temporary order expires not more than 10 days after entry unless extended for
557 good cause shown or unless the party against whom it is entered consents to an extension.
558 (d) After service of the temporary order upon any claimants known to the prosecuting
559 attorney, a hearing concerning the order entered under this section shall be held as soon as
560 practicable and prior to the expiration of the temporary order.
561 (e) The court is not bound by the Utah Rules of Evidence regarding evidence it may
562 receive and consider at any hearing under this section.
563 (4) (a) Upon conviction of a claimant for conduct giving rise to criminal forfeiture, the
564 prosecutor shall ask the finder of fact to make a specific finding as to whether the property or
565 any part of it is subject to forfeiture.
566 (b) A determination of whether property is subject to forfeiture under this section shall
567 be proven beyond a reasonable doubt.
568 (5) (a) Upon conviction of a claimant for violating any provision of state law
569 subjecting a claimant's property to forfeiture and a finding by the trier of fact that the property
570 is subject to forfeiture, the court shall enter a judgment and order the property forfeited to the
571 state upon the terms stated by the court in its order.
572 (b) Following the entry of an order declaring property forfeited, the court may, upon
573 application of the prosecuting attorney, enter appropriate restraining orders or injunctions,
574 require the execution of satisfactory performance bonds, appoint receivers, conservators,
575 appraisers, accountants, or trustees, or take any other action to protect the interest of the state in
576 property ordered forfeited.
577 (6) (a) (i) After property is ordered forfeited under this section, the seizing agency shall
578 direct the disposition of the property under Section 24-4-115 .
579 (ii) Any property right or interest under this Subsection (6)(a) not exercisable by or
580 transferable for value to the state expires and does not revert to the defendant.
581 (iii) The defendant or any person acting in concert with or on behalf of the defendant is
582 not eligible to purchase forfeited property at any sale held by the seizing agency unless
583 approved by the judge.
584 (b) The court may stay the sale or disposition of the property pending the conclusion of
585 any appeal of the criminal case giving rise to the forfeiture if the defendant demonstrates that
586 proceeding with the sale or disposition of the property may result in irreparable injury, harm, or
588 (7) Except as provided under Subsection (3) or (10), a party claiming an interest in
589 property subject to forfeiture under this section:
590 (a) may not intervene in a trial or appeal of a criminal case involving the forfeiture of
591 property under this section; and
592 (b) may not commence an action at law or equity concerning the validity of the party's
593 alleged interests in the property subsequent to the filing of an indictment or an information
594 alleging that the property is subject to forfeiture under this section.
595 (8) The district court that has jurisdiction of a case under this part may enter orders
596 under this section without regard to the location of any property that may be subject to
597 forfeiture under this section or that has been ordered forfeited under this section.
598 (9) To facilitate the identification or location of property declared forfeited and to
599 facilitate the disposition of petitions for remission or mitigation of forfeiture after the entry of
600 an order declaring property forfeited to the state, the court may, upon application of the
601 prosecuting attorney, order that the testimony of any witness relating to the forfeited property
602 be taken by deposition, and that any book, paper, document, record, recording, or other
603 material shall be produced as provided for depositions and discovery under the Utah Rules of
604 Civil Procedure.
605 (10) (a) (i) Following the entry of an order of forfeiture under this section, the
606 prosecuting attorney shall publish notice of the order's intent to dispose of the property by
607 electronic publication on Utah's Public Legal Notice Website established in Subsection
608 45-1-101 (2)(b).
609 (ii) The prosecuting attorney shall also send written notice to any claimants, other than
610 the defendant, known to the prosecuting attorney to have an interest in the property, at the
611 claimant's known address.
612 (b) (i) Any claimant, other than the defendant, asserting a legal interest in property that
613 has been ordered forfeited to the state under this section may, within 30 days after the notice
614 has been published or the claimant receives the written notice under Subsection (10)(a),
615 whichever is earlier, petition the court for a hearing to adjudicate the validity of the claimant's
616 alleged interest in the property.
617 (ii) Any genuine issue of material fact, including issues of standing, may be tried to a
618 jury upon demand of any party.
619 (c) The petition shall:
620 (i) be in writing and signed by the claimant under penalty of perjury;
621 (ii) set forth the nature and extent of the claimant's right, title, or interest in the
622 property, the time and circumstances of the claimant's acquisition of the right, title, or interest
623 in the property; and
624 (iii) set forth any additional facts supporting the claimant's claim and the relief sought.
625 (d) The trial or hearing on the petition shall be expedited to the extent practicable. The
626 court may consolidate a trial or hearing on the petition and any petition filed by any claimant
627 other than the defendant under this section. The court shall permit the parties to conduct
628 pretrial discovery pursuant to the Utah Rules of Civil Procedure.
629 (e) (i) At the trial or hearing, the claimant may testify and present evidence and
630 witnesses on the claimant's own behalf and cross-examine witnesses who appear at the hearing.
631 The prosecuting attorney may present evidence and witnesses in rebuttal and in defense of the
632 claim to the property and cross-examine witnesses who appear.
633 (ii) In addition to testimony and evidence presented at the trial or hearing, the court
634 may consider the relevant portion of the record of the criminal case that resulted in the order of
636 (iii) Any trial or hearing shall be conducted pursuant to the Utah Rules of Evidence.
637 (f) The court shall amend the order of forfeiture in accordance with its determination, if
638 after the trial or hearing, the court or jury determines that the petitioner has established by a
639 preponderance of the evidence that:
640 (i) the claimant has a legal right, title, or interest in the property, and the right, title, or
641 interest renders the order of forfeiture invalid in whole or in part because the right, title, or
642 interest was vested in the claimant rather than the defendant or was superior to any right, title,
643 or interest of the defendant at the time of the commission of the acts or conduct that gave rise
644 to the forfeiture of the property under this section; or
645 (ii) the claimant acquired the right, title, or interest in the property in a bona fide
646 transaction for value, and, at the time of acquisition, the claimant did not know that the
647 property was subject to forfeiture.
648 (g) Following the court's disposition of all petitions filed under this Subsection (10), or
649 if no petitions are filed following the expiration of the period provided in Subsection (10)(b)
650 for the filing of petitions, the state has clear title to property subject to the order of forfeiture
651 and may warrant good title to any subsequent purchaser or transferee.
652 Section 17. Section 24-4-106 is enacted to read:
653 24-4-106. Trial by jury.
654 The right to trial by jury applies to forfeiture proceedings under this chapter.
655 Section 18. Section 24-4-107 is enacted to read:
656 24-4-107. Innocent owners.
657 (1) An innocent owner's interest in property may not be forfeited.
658 (2) In a forfeiture proceeding under this chapter, the prosecuting attorney has the
659 burden of establishing evidence that a claimant:
660 (a) is responsible for the conduct giving rise to the forfeiture, subject to Subsection (4);
661 (b) knew of the conduct giving rise to the forfeiture, and allowed the property to be
662 used in furtherance of the conduct;
663 (c) acquired the property with notice of its actual or constructive seizure for forfeiture
664 under this chapter;
665 (d) acquired the property knowing the property was subject to forfeiture under this
666 chapter; or
667 (e) acquired the property in an effort to conceal, prevent, hinder, or delay its lawful
668 seizure or forfeiture under any provision of state law.
669 (3) (a) A claimant under this chapter is not required to take steps to prevent illegal use
670 or criminal activity regarding the property that the claimant reasonably believes would be likely
671 to result in physical harm or danger to any person.
672 (b) A claimant may demonstrate that the claimant took reasonable action to prohibit the
673 illegal use of the property by:
674 (i) making a timely notification to a law enforcement agency of information that led the
675 claimant to know that conduct subjecting the property to seizure would occur, was occurring,
676 or has occurred;
677 (ii) timely revoking or attempting to revoke permission to use the property regarding
678 those engaging in the illegal conduct; or
679 (iii) taking reasonable actions to discourage or prevent the illegal use of the property.
680 (4) If the state relies on Subsection (2)(a) to establish that a claimant is not an innocent
681 owner, and if the claimant is criminally charged with the conduct giving rise to the forfeiture
682 and is acquitted of that charge on the merits:
683 (a) the property subject to the forfeiture or the open market value of the property, if the
684 property has been disposed of under Subsection 24-4-108 (13), shall be returned to the
685 claimant; and
686 (b) any payments required under this chapter regarding holding the property shall be
687 paid to the claimant.
688 (5) A person may not assert under this chapter an ownership interest in contraband.
689 (6) Property is presumed to be subject to forfeiture under this chapter if the prosecuting
690 attorney establishes that:
691 (a) the claimant has engaged in conduct giving cause for forfeiture;
692 (b) the property was acquired by the claimant during that period of the conduct giving
693 cause for forfeiture or within a reasonable time after that period; and
694 (c) there was no likely source for the purchase or acquisition of the property other than
695 the conduct giving cause for forfeiture.
696 (7) A finding that property is the proceeds of conduct giving cause for forfeiture does
697 not require proof that the property was the proceeds of any particular exchange or transaction.
698 Section 19. Section 24-4-108 is enacted to read:
699 24-4-108. Release of property held for forfeiture on certain grounds.
700 (1) After the seizing agency gives notice that the property is to be held for forfeiture, a
701 person or entity may not alienate, convey, sequester, or attach that property until the court
702 issues a final order of dismissal or an order of forfeiture regarding the property.
703 (2) The seizing agency or the prosecuting attorney may authorize the release of
704 property held for forfeiture to a claimant if retention of actual custody is unnecessary.
705 (3) With the consent of a court of competent jurisdiction, the prosecuting attorney may
706 discontinue forfeiture proceedings and transfer the action to another state or federal agency that
707 has initiated forfeiture proceedings involving the same property.
708 (4) Property held for forfeiture is considered to be in the custody of the district court
709 and subject only to:
710 (a) the orders and decrees of the court having jurisdiction over the property or the
711 forfeiture proceedings; and
712 (b) the acts of the agency that possesses the property or the prosecuting attorney
713 pursuant to this chapter.
714 (5) (a) A claimant may obtain release of property held for forfeiture by posting with the
715 district court a surety bond or cash in an amount equal to the current fair market value of the
716 property as determined by the court or by the parties' stipulation.
717 (b) The district court may refuse to order the release of the property if:
718 (i) the bond tendered is inadequate;
719 (ii) the property is contraband or is retained as evidence; or
720 (iii) the property is particularly altered or designed for use in conduct giving cause for
722 (c) If a surety bond or cash is posted and the court later determines that the property is
723 subject to forfeiture, the court shall order the forfeiture of the surety bond or cash in lieu of the
725 (6) A claimant is entitled to the immediate release of property held for forfeiture
726 pending the final determination of forfeiture if:
727 (a) the claimant had a possessory interest in the property at the time of seizure;
728 (b) continued possession by the agency or the state pending the final disposition of the
729 forfeiture proceedings will cause substantial hardship to the claimant, such as:
730 (i) preventing the functioning of a legitimate business;
731 (ii) preventing any individual from working;
732 (iii) preventing any child from attending elementary or secondary school;
733 (iv) preventing or hindering any person from receiving necessary medical care;
734 (v) hindering the care of an elderly or disabled dependent child or adult;
735 (vi) leaving any individual homeless; or
736 (vii) any other condition that the court determines causes a substantial hardship;
737 (c) the hardship from the continued possession of the property by the agency outweighs
738 the risk that the property will be destroyed, damaged, lost, concealed, or transferred if it is
739 returned to the claimant during the pendency of the proceeding; and
740 (d) determination of substantial hardship under this Subsection (6) is based upon the
741 property's use prior to the seizure.
742 (7) After the seizing agency gives notice that the property is to be held for forfeiture, a
743 claimant may file a motion for hardship release:
744 (a) in the court in which forfeiture proceedings have commenced; or
745 (b) in any district court having jurisdiction over the property, if forfeiture proceedings
746 have not yet commenced.
747 (8) The motion for hardship release shall also be served upon the prosecuting attorney
748 or the seizing agency within 10 days after filing the motion.
749 (9) The court shall render a decision on a motion for hardship filed under this section
750 not later than 20 days after the date of filing, or 10 days after service upon the prosecuting
751 attorney or seizing agency, whichever is earlier, unless this period is extended by the agreement
752 of both parties or by the court for good cause shown.
753 (10) (a) If the claimant demonstrates substantial hardship pursuant to this section, the
754 court shall order the property immediately released to the claimant pending completion of
755 proceedings by the government to obtain forfeiture of the property.
756 (b) The court may place conditions on release of the property as it finds necessary and
757 appropriate to preserve the availability of the property or its equivalent for forfeiture.
758 (11) The hardship release under this section does not apply to:
759 (a) contraband;
760 (b) currency or other monetary instrument or electronic funds; or
761 (c) property that is likely to be used to commit additional illegal acts if returned to the
763 (12) (a) The court may order property that is held for forfeiture to be sold, as allowed
764 by Subsection (13), leased, rented, or operated to satisfy a specified interest of any claimant, or
765 to preserve the interests of any party on motion of that party.
766 (b) The court may enter orders under Subsection (12)(a) after written notice to persons
767 known to have an interest in the property, and after an opportunity for a hearing.
768 (13) (a) A sale may be ordered under Subsection (12) when the property is liable to
769 perish, waste, or be significantly reduced in value, or when the expenses of maintaining the
770 property are disproportionate to its value.
771 (b) A third party designated by the court shall dispose of the property by commercially
772 reasonable public sale and distribute the proceeds in the following order of priority:
773 (i) first, for the payment of reasonable expenses incurred in connection with the sale;
774 (ii) second, for the satisfaction of any interests, including those of interest holders, in
775 the order of their priority as determined by Title 70A, Uniform Commercial Code; and
776 (iii) third, any balance of the proceeds shall be preserved in the actual or constructive
777 custody of the court, in an interest-bearing account, subject to further proceedings under this
779 Section 20. Section 24-4-109 is enacted to read:
780 24-4-109. Postjudgment interest.
781 In any proceeding to forfeit currency or other negotiable instruments under this chapter,
782 the court shall award a prevailing party postjudgment interest on the currency or negotiable
783 instruments at the interest rate established under Section 15-1-4 .
784 Section 21. Section 24-4-110 is enacted to read:
785 24-4-110. Attorney fees and costs.
786 (1) In any forfeiture proceeding under this chapter, the court may award a prevailing
787 party reasonable:
788 (a) legal costs; and
789 (b) attorney fees.
790 (2) The legal costs and attorney fees awarded by the court to the prevailing party may
791 not exceed 20% of the value of the property.
792 (3) A party that prevails only in part is entitled to recover reasonable legal costs and
793 attorney fees only on those issues on which the party prevailed.
794 Section 22. Section 24-4-111 is enacted to read:
795 24-4-111. Compensation for damaged property.
796 (1) If property seized for forfeiture is returned by operation of this chapter, a claimant
797 has a civil right of action against a seizing agency for any claim based upon the negligent
798 destruction, loss, damage, or other injury to seized property while in the possession or custody
799 of the agency.
800 (2) As used in this section, "damage or other injury" does not include normal
801 depreciation, deterioration, or ordinary wear and tear.
802 Section 23. Section 24-4-112 is enacted to read:
803 24-4-112. Limitation on fees for holding seized property.
804 In any civil or criminal proceeding under this chapter in which a judgment is entered in
805 favor of a claimant, or where a forfeiture proceeding against a claimant is voluntarily dismissed
806 by the prosecuting attorney, the seizing agency may not charge that claimant any fee or cost for
807 holding seized property.
808 Section 24. Section 24-4-113 is enacted to read:
809 24-4-113. Proportionality.
810 (1) (a) A claimant's interest in property that is used to facilitate a crime, excluding
811 contraband, is not subject to forfeiture under any provision of state law if the forfeiture is
812 substantially disproportionate to the use of the property in committing or facilitating a violation
813 of state law and the value of the property.
814 (b) Forfeiture of property used solely in a manner that is merely incidental and not
815 instrumental to the commission or facilitation of a violation of law is not proportional.
816 (2) (a) In determining proportionality, the court shall consider:
817 (i) the conduct giving cause for the forfeiture;
818 (ii) what portion of the forfeiture, if any, is remedial in nature;
819 (iii) the gravity of the conduct for which the claimant is responsible in light of the
820 offense; and
821 (iv) the value of the property.
822 (b) If the court finds that the forfeiture is substantially disproportional to the conduct
823 for which the claimant is responsible, it shall reduce or eliminate the forfeiture, as it finds
825 (3) The prosecuting attorney has the burden to demonstrate that any forfeiture is
826 proportional to the conduct giving rise to the forfeiture.
827 (4) In all cases the court shall decide questions of proportionality.
828 (5) Forfeiture of any proceeds is proportional.
829 Section 25. Section 24-4-114 is enacted to read:
830 24-4-114. Transfer and sharing procedures.
831 (1) (a) Seizing agencies or prosecuting attorneys authorized to bring forfeiture
832 proceedings under this chapter may not directly or indirectly transfer property held for
833 forfeiture and not already named in a criminal indictment to any federal agency or any
834 governmental entity not created under and subject to state law unless:
835 (i) the conduct giving rise to the investigation or seizure is interstate in nature and
836 sufficiently complex to justify the transfer;
837 (ii) the property may only be forfeited under federal law; or
838 (iii) pursuing forfeiture under state law would unreasonably burden prosecuting
839 attorneys or state law enforcement agencies.
840 (b) In making a determination under this section, a court may conduct an in camera
841 inspection of evidence provided by the prosecuting attorney or seizing agency.
842 (2) All property, money, or other things of value received by an agency pursuant to
843 federal law, which authorizes the sharing or transfer of all or a portion of forfeited property or
844 the proceeds of the sale of forfeited property to an agency:
845 (a) shall be used in compliance with federal laws and regulations relating to equitable
847 (b) may be used for those law enforcement purposes specified in Subsection
848 24-4-117 (9); and
849 (c) may not be used for those law enforcement purposes prohibited in Subsection
850 24-4-117 (10).
851 (3) A state or local law enforcement agency awarded any equitable share of property
852 forfeited by the federal government may only use the award money after approval of the use by
853 the agency's legislative body.
854 (4) Each year, every agency awarded any equitable share of property forfeited by the
855 federal government shall file with the commission:
856 (a) a copy of that agency's federal equitable sharing certification; and
857 (b) information, on a form provided by the commission, that details all awards received
858 from the federal government during the preceding reporting period, including:
859 (i) the agency's case number or other identification;
860 (ii) the amount of the award;
861 (iii) the date of the award;
862 (iv) the identity of any federal agency involved in the forfeiture;
863 (v) how the awarded property has been used; and
864 (vi) a statement signed by both the agency's executive officer or designee and by the
865 agency's legal counsel confirming that the agency has only used the awarded property for crime
866 reduction or law enforcement purposes authorized under Section 24-4-117 , and only upon
867 approval by the agency's legislative body.
868 Section 26. Section 24-4-115 is enacted to read:
869 24-4-115. Disposition and allocation of forfeiture property.
870 (1) Upon finding that property is subject to forfeiture under this chapter, the court shall
871 order the property forfeited to the state.
872 (2) (a) If the property is not currency, the seizing agency shall authorize a public or
873 otherwise commercially reasonable sale of that property that is not required by law to be
874 destroyed and that is not harmful to the public.
875 (b) If the property forfeited is an alcoholic product as defined in Section 32B-1-102 , it
876 shall be disposed of as follows:
877 (i) an alcoholic product shall be sold if the alcoholic product is:
878 (A) unadulterated, pure, and free from any crude, unrectified, or impure form of ethylic
879 alcohol, or any other deleterious substance or liquid; and
880 (B) otherwise in saleable condition; or
881 (ii) an alcoholic product and its package shall be destroyed if the alcoholic product is
882 impure, adulterated, or otherwise unfit for sale.
883 (c) If the property forfeited is a cigarette or other tobacco product as defined in Section
884 59-14-102 , it shall be destroyed, except that prior to the destruction of any cigarette or other
885 tobacco product seized pursuant to this part, the lawful holder of the trademark rights in the
886 cigarette or tobacco product brand shall be permitted to inspect the cigarette.
887 (d) The proceeds of the sale of forfeited property shall remain segregated from other
888 property, equipment, or assets of the seizing agency until transferred to the state in accordance
889 with this chapter.
890 (3) From the forfeited property, both currency and the proceeds or revenue from the
891 sale of the property, the seizing agency shall:
892 (a) deduct the seizing agency's direct costs and expenses of obtaining and maintaining
893 the property pending forfeiture; and
894 (b) pay the legal costs and attorney fees associated with the litigation of the forfeiture
896 (4) If the forfeiture arises from any violation relating to wildlife resources, the
897 remaining currency and the proceeds or revenue from the sale of the property shall be deposited
898 in the Wildlife Resources Account created in Section 23-14-13 .
899 (5) The remaining currency and the proceeds or revenue from the sale of the property
900 shall then be transferred to the commission and deposited into the account.
901 Section 27. Section 24-4-116 is enacted to read:
902 24-4-116. Criminal Forfeiture Restricted Account.
903 (1) There is created within the General Fund a restricted account known as the
904 "Criminal Forfeiture Restricted Account."
905 (2) Proceeds from forfeited property and forfeited money through state forfeitures shall
906 be deposited into the account.
907 (3) Money in the account shall be appropriated to the commission for implementing the
908 program under Section 24-4-117 .
909 Section 28. Section 24-4-117 is enacted to read:
910 24-4-117. State Asset Forfeiture Grant Program.
911 (1) There is created the State Asset Forfeiture Grant Program.
912 (2) The program shall fund crime prevention and law enforcement activities that have
913 the purpose of:
914 (a) deterring crime by depriving criminals of the profits and proceeds of their illegal
916 (b) weakening criminal enterprises by removing the instrumentalities of crime;
917 (c) reducing crimes involving substance abuse by supporting the creation,
918 administration, or operation of drug court programs throughout the state;
919 (d) encouraging cooperation between local, state, and multijurisdictional law
920 enforcement agencies;
921 (e) allowing the costs and expenses of law enforcement to be defrayed by the forfeited
922 proceeds of crime; and
923 (f) increasing the equitability and accountability of the use of forfeited property used to
924 assist law enforcement in reducing and preventing crime.
925 (3) (a) When property is forfeited under this chapter and transferred to the account,
926 upon appropriation the commission shall allocate and administer grants to state, local, or
927 multijurisdictional law enforcement agencies or political subdivisions of the state in
928 compliance with this section and to further the program purposes under Subsection (2).
929 (b) The commission may retain up to 3% of the annual appropriation from the account
930 to pay for administrative costs incurred by the commission, including salary and benefits,
931 equipment, supplies, or travel costs that are directly related to the administration of the
933 (4) Agencies or political subdivisions shall apply for an award from the program by
934 completing and submitting forms specified by the commission.
935 (5) In granting the awards, the commission shall ensure that the amount of each award
936 takes into consideration the:
937 (a) demonstrated needs of the agency;
938 (b) demonstrated ability of the agency to appropriately use the award;
939 (c) degree to which the agency's need is offset through the agency's participation in
940 federal equitable sharing or through other federal and state grant programs; and
941 (d) agency's cooperation with other state and local agencies and task forces.
942 (6) Applying agencies or political subdivisions shall demonstrate compliance with all
943 reporting and policy requirements applicable under this chapter and under Title 63M, Chapter
944 7, Criminal Justice and Substance Abuse, in order to qualify as a potential award recipient.
945 (7) (a) Recipient law enforcement agencies may only use award money after approval
946 by the agency's legislative body.
947 (b) The award money is nonlapsing.
948 (8) A recipient law enforcement agency or political subdivision shall use awards only
949 for law enforcement purposes as described in this section, and only as these purposes are
950 specified by the agency or political subdivision in its application for the award.
951 (9) Permissible law enforcement purposes for which award money may be used
953 (a) controlled substance interdiction and enforcement activities;
954 (b) drug court programs;
955 (c) activities calculated to enhance future law enforcement investigations;
956 (d) law enforcement training that includes:
957 (i) implementation of the Fourth Amendment to the United States Constitution and
958 Utah Constitution, Article I, Section 7, and that addresses the protection of the individual's
959 right of due process;
960 (ii) protection of the rights of innocent property holders; and
961 (iii) the Tenth Amendment to the United States Constitution regarding states'
962 sovereignty and the states' reserved rights;
963 (e) law enforcement or detention facilities;
964 (f) law enforcement operations or equipment that are not routine costs or operational
966 (g) drug, gang, or crime prevention education programs that are sponsored in whole or
967 in part by the law enforcement agency or its legislative body;
968 (h) matching funds for other state or federal law enforcement grants; and
969 (i) the payment of legal costs, attorney fees, and postjudgment interest in forfeiture
971 (10) Law enforcement purposes for which award money may not be granted or used
973 (a) payment of salaries, retirement benefits, or bonuses to any person;
974 (b) payment of expenses not related to law enforcement;
975 (c) uses not specified in the agency's award application;
976 (d) uses not approved by the agency's legislative body;
977 (e) payments, transfers, or pass-through funding to entities other than law enforcement
978 agencies; or
979 (f) uses, payments, or expenses that are not within the scope of the agency's functions.
980 (11) (a) For each fiscal year, any state, local, or multijurisdictional agency or political
981 subdivision that received an award shall prepare, and file with the commission, a report in a
982 form specified by the commission.
983 (b) The report shall include the following regarding each award:
984 (i) the agency's name;
985 (ii) the amount of the award;
986 (iii) the date of the award;
987 (iv) how the award has been used; and
988 (v) a statement signed by both the agency's or political subdivision's executive officer
989 or designee and by the agency's legal counsel, that:
990 (A) the agency or political subdivision has complied with all inventory, policy, and
991 reporting requirements of this chapter; and
992 (B) all awards were used for crime reduction or law enforcement purposes as specified
993 in the application and only upon approval by the agency's or political subdivision's legislative
995 (12) (a) The commission shall report in writing to the legislative Law Enforcement and
996 Criminal Justice Interim Committee annually regarding the forfeited property transferred to the
997 account, awards made by the program, uses of program awards, and any equitable share of
998 property forfeited by the federal government as reported by agencies pursuant to Subsection
999 24-4-114 (4).
1000 (b) The report shall be submitted annually on or before November 1.
1001 Section 29. Section 32B-4-206 is amended to read:
1002 32B-4-206. Searches, seizures, and fines.
1075 be paid to the county treasurer of the county in which the prosecution occurred.
1076 Section 30. Section 41-6a-527 is amended to read:
1077 41-6a-527. Seizure and impoundment of vehicles by peace officers -- Impound
1078 requirements -- Removal of vehicle by owner.
1079 (1) If a peace officer arrests, cites, or refers for administrative action the operator of a
1080 vehicle for violating Section 41-6a-502 , 41-6a-517 , 41-6a-518.2 , 41-6a-520 , 41-6a-530 ,
1081 41-6a-606 , 53-3-231 , 53-3-232 , Subsections 53-3-227 (3)(a)(i) through (vi), Subsection
1082 53-3-227 (3)(a)(ix), or a local ordinance similar to Section 41-6a-502 which complies with
1083 Subsection 41-6a-510 (1), the peace officer shall seize and impound the vehicle in accordance
1084 with Section 41-6a-1406 , except as provided under Subsection (2).
1085 (2) If a registered owner of the vehicle, other than the operator, is present at the time of
1086 arrest, the peace officer may release the vehicle to that registered owner, but only if:
1087 (a) the registered owner:
1088 (i) requests to remove the vehicle from the scene; and
1089 (ii) presents to the peace officer sufficient identification to prove ownership of the
1090 vehicle or motorboat;
1091 (b) the registered owner identifies a driver with a valid operator's license who:
1092 (i) complies with all restrictions of his operator's license; and
1093 (ii) would not, in the judgment of the officer, be in violation of Section 41-6a-502 ,
1094 41-6a-517 , 41-6a-518.2 , 41-6a-520 , 41-6a-530 , 53-3-231 , 53-3-232 , or a local ordinance
1095 similar to Section 41-6a-502 which complies with Subsection 41-6a-510 (1) if permitted to
1096 operate the vehicle; and
1097 (c) the vehicle itself is legally operable.
1098 (3) If necessary for transportation of a motorboat for impoundment under this section,
1099 the motorboat's trailer may be used to transport the motorboat.
1130 Section 31. Section 53-7-406 is amended to read:
1131 53-7-406. Penalties.
1132 (1) (a) Except as provided in Subsection (1)(b), a manufacturer, wholesale dealer,
1133 agent, or any other person or entity who knowingly sells or offers to sell cigarettes, other than
1134 through retail sale, in violation of Section 53-7-403 :
1135 (i) for a first offense shall be liable for a civil penalty not to exceed $10,000 per each
1136 sale of cigarettes; and
1137 (ii) for a subsequent offense shall be liable for a civil penalty not to exceed $25,000 per
1138 each sale of such cigarettes.
1139 (b) A penalty imposed under Subsection (1)(a) may not exceed $100,000 during any
1140 30-day period against any one entity described in Subsection (1).
1141 (2) (a) Except as provided in Subsection (2)(b), a retail dealer who knowingly sells
1142 cigarettes in violation of Section 53-7-403 shall:
1143 (i) for a first offense for each sale or offer for sale of cigarettes, if the total number of
1144 cigarettes sold or offered for sale:
1145 (A) does not exceed 1,000 cigarettes, be liable for a civil penalty not to exceed $500
1146 for each sale or offer of sale; and
1147 (B) does exceed 1,000 cigarettes, be liable for a civil penalty not to exceed $1,000 for
1148 each sale or offer of sale; and
1149 (ii) for a subsequent offense, if the total number of cigarettes sold or offered for sale:
1150 (A) does not exceed 1,000 cigarettes, be liable for a civil penalty not to exceed $2,000
1151 for each sale or offer of sale; and
1152 (B) does exceed 1,000 cigarettes, be liable for a civil penalty not to exceed $5,000 for
1153 each sale or offer of sale.
1154 (b) A penalty imposed under Subsection (2)(a) against any retail dealer shall not
1155 exceed $25,000 during a 30-day period.
1156 (3) In addition to any penalty prescribed by law, any corporation, partnership, sole
1157 proprietor, limited partnership, or association engaged in the manufacture of cigarettes that
1158 knowingly makes a false certification pursuant to Section 53-7-404 shall, for each false
1160 (a) for a first offense, be liable for a civil penalty of at least $75,000; and
1161 (b) for a subsequent offense, be liable for a civil penalty not to exceed $250,000.
1162 (4) Any person violating any other provision in this part shall be liable for a civil
1163 penalty for each violation:
1164 (a) for a first offense, not to exceed $1,000; and
1165 (b) for a subsequent offense, not to exceed $5,000.
1173 attorney general may file an action in district court for a violation of this part, including
1174 petitioning for injunctive relief or to recover any costs or damages suffered by the state because
1175 of a violation of this part, including enforcement costs relating to the specific violation and
1176 attorney fees. Each violation of this part or of rules or regulations adopted under this part
1177 constitutes a separate civil violation for which the state fire marshal or attorney general may
1178 obtain relief.
1179 Section 32. Section 63J-1-602.1 is amended to read:
1180 63J-1-602.1. List of nonlapsing accounts and funds -- General authority and Title
1181 1 through Title 30.
1182 (1) Appropriations made to the Legislature and its committees.
1183 (2) The Percent-for-Art Program created in Section 9-6-404 .
1184 (3) The Martin Luther King, Jr. Civil Rights Support Restricted Account created in
1185 Section 9-18-102 .
1186 (4) The LeRay McAllister Critical Land Conservation Program created in Section
1187 11-38-301 .
1188 (5) An appropriation made to the Division of Wildlife Resources for the appraisal and
1189 purchase of lands under the Pelican Management Act, as provided in Section 23-21a-6 .
1190 (6) Award money under the [
1191 Forfeiture Grant Program, as provided under Section [
1192 (7) Funds collected from the emergency medical services grant program, as provided in
1193 Section 26-8a-207 .
1194 (8) The Prostate Cancer Support Restricted Account created in Section 26-21a-303 .
1195 (9) State funds appropriated for matching federal funds in the Children's Health
1196 Insurance Program as provided in Section 26-40-108 .
1197 (10) The Utah Health Care Workforce Financial Assistance Program created in Section
1198 26-46-102 .
1199 Section 33. Section 76-6-903 is amended to read:
1200 76-6-903. Penalties.
1201 (1) A person is guilty of a class B misdemeanor if that person:
1202 (a) violates this part; or
1203 (b) counsels, procures, solicits, or employs any other person to violate this part.
1204 (2) A person is guilty of a third degree felony if:
1205 (a) that person commits a second or subsequent violation described in Subsection (1);
1207 (b) the amount calculated under Subsection (3) for a violation described in Subsection
1208 (1) exceeds $500.
1209 (3) The amount described in Subsection (2)(b) is calculated by adding the:
1210 (a) commercial or archaeological value of the antiquities involved in the violation; and
1211 (b) cost of the restoration and repair of the antiquities involved in the violation.
1215 or exchange shall be surrendered to the landowner.
1216 Section 34. Section 76-10-1603.5 is amended to read:
1217 76-10-1603.5. Violation a felony -- Costs -- Fines -- Divestiture -- Restrictions --
1218 Dissolution or reorganization -- Prior restraint.
1219 (1) A person who violates any provision of Section 76-10-1603 is guilty of a second
1220 degree felony. In addition to penalties prescribed by law, the court may order the person found
1221 guilty of the felony to pay to the state, if the attorney general brought the action, or to the
1222 county, if the county attorney or district attorney brought the action, the costs of investigating
1223 and prosecuting the offense and the costs of securing the forfeitures provided for in this
1224 section. [
1243 76-10-1603 , a defendant who derives net proceeds from a conduct prohibited by Section
1244 76-10-1603 may be fined not more than twice the amount of the net proceeds.
1254 addition to any penalty prescribed by law [
1256 (a) order restitution to any victim or rightful owner of property obtained, directly or
1257 indirectly, from:
1258 (i) the conduct constituting the pattern of unlawful activity; or
1259 (ii) any act or conduct constituting the pattern of unlawful activity that is proven as part
1260 of the violation of any provision of Section 76-10-1603 ;
1261 (b) order the person to divest himself of any interest in or any control, direct or
1262 indirect, of any enterprise;
1263 (c) impose reasonable restrictions on the future activities or investments of any person,
1264 including prohibiting the person from engaging in the same type of endeavor as the enterprise
1265 engaged in, to the extent the Utah Constitution and the Constitution of the United States
1266 permit; or
1267 (d) order the dissolution or reorganization of any enterprise.
1269 consisting of acts or conduct in violation of Section 76-10-1204 , 76-10-1205 , 76-10-1206 , or
1270 76-10-1222 , the court may not enter any order that would amount to a prior restraint on the
1271 exercise of an affected party's rights under the First Amendment to the Constitution of the
1272 United States or Utah Constitution Article I, Section 15.
1277 acquired as a result of the violation minus the direct costs of acquiring the property.
1278 Section 35. Section 77-24a-1 is repealed and reenacted to read:
1280 77-24a-1. Definition.
1281 (1) "Lost or mislaid property":
1282 (a) means any property that comes into the possession of a peace officer or law
1283 enforcement agency:
1284 (i) that is not claimed by anyone who is identified as the owner of the property; or
1285 (ii) for which no owner or interest holder can be found after a reasonable and diligent
1287 (b) includes any property received by a peace officer or law enforcement agency from a
1288 person claiming to have found the property; and
1289 (c) does not include property seized by a peace officer pursuant to Title 24, Forfeiture
1290 and Disposition of Property Act.
1291 (2) "Public interest use" means:
1292 (a) use by a governmental agency as determined by the agency's legislative body; or
1293 (b) donation to a nonprofit charity registered with the state.
1294 Section 36. Section 77-24a-2 is amended to read:
1295 77-24a-2. Disposition by police agency.
1296 All [
1297 or law enforcement agency shall be turned over to, held, and disposed of only by the local law
1298 enforcement agency whose authority extends to the area where the item was found.
1299 Section 37. Section 77-24a-3 is amended to read:
1300 77-24a-3. Statement of finder of property.
1301 (1) A person [
1302 delivers it to a local law enforcement agency shall sign a statement included in a form provided
1303 by the agency, stating [
1304 (a) the manner in which the property came into [
1305 the time, date, and place[
1306 (b) that the person does not know who [
1307 (c) that, to the person's knowledge, the property was not [
1309 (d) that the person's possession of [
1310 (e) any information [
1311 the owner. [
1312 (2) Additional information may be requested by the agency receiving the [
1313 property, as necessary.
1314 Section 38. Section 77-24a-4 is amended to read:
1315 77-24a-4. Locating owner of property.
1316 (1) The local law enforcement agency shall take reasonable steps to determine the
1317 identity and location of the owner, and notify [
1318 (2) The owner may obtain the property only by [
1320 the agency, including costs for advertising or storage.
1321 Section 39. Section 77-24a-5 is amended to read:
1322 77-24a-5. Disposition of unclaimed property.
1323 (1) (a) If the owner of any [
1324 notified, or if [
1325 claim the property after three months of its receipt by the local law enforcement agency, the
1326 agency shall:
1327 (i) publish [
1328 Utah's Public Legal Notice Website established in Subsection 45-1-101 (2)(b);
1331 (ii) post a similar notice on the public website of the political subdivision within which
1332 the law enforcement agency is located; and
1334 enforcement agency.
1335 (b) The notice shall:
1336 (i) give a general description of the item; and
1337 (ii) the date of intended disposition.
1338 (c) The agency may not dispose of the [
1339 least eight days after the date of publication and posting.
1340 (2) (a) If no claim is made for the [
1341 of publication and posting, the agency shall notify the person who turned the property over to
1342 the local law enforcement agency, if it was turned over by a person under Section 77-24a-3 .
1343 (b) Except as provided in Subsection (4), if that person has complied with the
1344 provisions of this chapter, the person may take the [
1346 (i) pays the costs incurred for advertising and storage; and
1347 (ii) signs a receipt for the item.
1348 (3) If the person who found the [
1349 property under the provisions of this chapter, the agency shall [
1351 (a) apply the property to a public interest use as provided in Subsection (4);
1352 (b) sell the property at public auction and apply the proceeds of the sale to a public
1353 interest use; or
1354 (c) destroy the property if it is unfit for a public interest use or sale.
1355 (4) Before applying the lost or mislaid property to a public interest use, the agency
1356 having possession of the property shall obtain from the agency's legislative body:
1357 (a) permission to apply the property to a public interest use; and
1358 (b) the designation and approval of the public interest use of the property.
1360 not claim or receive property under this section.
1361 Section 40. Repealer.
1362 This bill repeals:
1363 Section 24-1-1, Title.
1364 Section 24-1-2, Purpose.
1365 Section 24-1-3, Definitions.
1366 Section 24-1-3.5, Jurisdiction and venue.
1367 Section 24-1-4, Civil Procedures.
1368 Section 24-1-5, No bond required in civil cases.
1369 Section 24-1-6, Innocent owners.
1370 Section 24-1-7, Hardship release of seized property.
1371 Section 24-1-8, Criminal procedures.
1372 Section 24-1-9, Appointment of counsel for indigent claimants in civil and criminal
1373 forfeiture proceedings.
1374 Section 24-1-10, Prejudgment and postjudgment interest.
1375 Section 24-1-11, Attorneys' fees and costs.
1376 Section 24-1-12, Compensation for damaged property.
1377 Section 24-1-13, Limitation on fees for holding seized property.
1378 Section 24-1-14, Proportionality.
1379 Section 24-1-15, Transfer and sharing procedures.
1380 Section 24-1-17, Disposition and allocation of forfeiture property.
1381 Section 24-1-18, Criminal Forfeiture Restricted Account.
1382 Section 24-1-19, Crime Reduction Assistance Program.
1383 Section 24-1-20, State Law Enforcement Forfeiture Account created -- Revenue
1384 sources -- Use of account designated.
1385 Section 41-6a-211, Vehicle subject to forfeiture -- Seizure -- Procedure.
1386 Section 58-37-13, Property subject to forfeiture -- Seizure -- Procedure.
1387 Section 76-3-501, Vehicle subject to forfeiture -- Seizure -- Procedure.
1388 Section 76-10-525, Disposition of weapons after use for court purposes.
1389 Section 76-10-1107, Seizure and sale of devices or equipment used for gambling.
1390 Section 76-10-1908, Forfeiture -- Grounds -- Procedure -- Disposition of property
1392 Section 77-24-1, Definitions.
1393 Section 77-24-1.5, Safekeeping by officer pending disposition -- Records required.
1394 Section 77-24-2, Property not needed as evidence -- Child interview retention --
1395 Return procedure -- Conflict resolution for secondhand merchandise.
1396 Section 77-24-3, Receipt from owner of returned property.
1397 Section 77-24-4, Disposition of property.
1398 Section 77-24-5, Property seized from person -- Duplicate receipts.
1399 Section 41. Transfer of funding from repealed account to enacted account.
1400 On July 1, 2013, all money in the Criminal Forfeiture Restricted Account created in
1401 Section 24-1-18 , which is repealed by this bill on July 1, 2013, shall be transferred by the
1402 Division of Finance to the Criminal Forfeiture Restricted Account created in this bill by
1403 Section 24-4-116 and which has the same purpose as the repealed account.
1404 Section 42. Transfer of any remaining funds in repealed account.
1405 On July 1, 2013, the Division of Finance is authorized to distribute appropriations for
1406 FY 2013 and 2014 from the State Law Enforcement Forfeiture Account, which is repealed by
1407 this bill. The Division of Finance shall transfer any money that remains in this account after
1408 these distributions to the Criminal Forfeiture Restricted Account created in this bill by Section
1409 24-4-116 .
1410 Section 43. Effective date.
1411 This bill takes effect on July 1, 2013.
1412 Section 44. Coordinating H.B. 384 with H.B. 287 -- Providing an effective date.
1413 If this H.B. 384 and H.B. 287, Return of Weapons Recovered by Law Enforcement,
1414 both pass and become law, it is the intent of the Legislature that the Office of Legislative
1415 Research and General Counsel, in preparing the Utah Code database for publication, provide
1416 that H.B. 287 takes effect on July 1, 2013.
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