Senator Todd Weiler proposes the following substitute bill:


1     
ASSET FORFEITURE AMENDMENTS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Todd Weiler

5     
House Sponsor: Karianne Lisonbee

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions related to asset forfeiture.
10     Highlighted Provisions:
11          This bill:
12          ▸     addresses grounds for seizing property;
13          ▸     addresses custody and control of property, including removing a retention
14     requirement for interviews of a minor;
15          ▸     requires a court to make certain findings before the court can order property be
16     returned to a person claiming property;
17          ▸     addresses jurisdiction in state court;
18          ▸     addresses voiding a forfeiture;
19          ▸     addresses civil forfeiture;
20          ▸     provides for release of property held for forfeiture on certain grounds;
21          ▸     changes interest requirements;
22          ▸     modifies transfer and sharing procedures;
23          ▸     modifies grant provisions under the State Asset Forfeiture Grant Program;
24          ▸     addresses forfeiture reporting requirements; and
25          ▸     makes technical and conforming amendments.
26     Money Appropriated in this Bill:
27          None
28     Other Special Clauses:
29          None
30     Utah Code Sections Affected:
31     AMENDS:
32          24-2-102, as enacted by Laws of Utah 2013, Chapter 394
33          24-2-103, as last amended by Laws of Utah 2017, Chapter 362
34          24-3-104, as enacted by Laws of Utah 2013, Chapter 394
35          24-4-103, as enacted by Laws of Utah 2013, Chapter 394
36          24-4-104, as last amended by Laws of Utah 2017, Chapter 362
37          24-4-108, as enacted by Laws of Utah 2013, Chapter 394
38          24-4-109, as enacted by Laws of Utah 2013, Chapter 394
39          24-4-114, as last amended by Laws of Utah 2015, Chapter 134
40          24-4-117, as last amended by Laws of Utah 2015, Chapter 134
41          24-4-118, as last amended by Laws of Utah 2017, Chapter 303
42     

43     Be it enacted by the Legislature of the state of Utah:
44          Section 1. Section 24-2-102 is amended to read:
45          24-2-102. Grounds for seizing property.
46          (1) Property may be seized by a peace officer or any other person authorized by law
47     upon process issued by a court having jurisdiction over the property in accordance with the
48     Utah Rules of Criminal Procedure relating to search warrants or administrative warrants.
49          (2) Property may be seized under this chapter when:
50          [(a) the seizure is incident to an arrest;]
51          [(b)] (a) the property seized is the subject of a prior judgment in favor of the state in a
52     criminal injunction or forfeiture proceeding under this title; or
53          [(c)] (b) the peace officer or other person authorized by law has probable cause to
54     believe that the property:
55          (i) is directly or indirectly dangerous to health or safety;
56          (ii) is evidence of a crime;
57          (iii) has been used or was intended to be used to commit a crime; or
58          (iv) is proceeds of a crime.
59          Section 2. Section 24-2-103 is amended to read:
60          24-2-103. Property seized by a peace officer -- Custody and control of property.
61          (1) (a) When property is seized by a peace officer, the peace officer or the peace
62     officer's employing agency shall provide a receipt to the person from whom the property was
63     seized.
64          (b) The receipt shall describe the:
65          (i) property seized;
66          (ii) date of seizure; and
67          (iii) name and contact information of the peace officer's employing agency.
68          (c) In addition to the receipt, the person from whom the property [was] is seized shall
69     be provided with information regarding the forfeiture process, including:
70          (i) important time periods in the forfeiture process;
71          (ii) what happens to the property upon conviction or acquittal; and
72          (iii) how to make a claim for the return of the property.
73          (d) A copy of the receipt shall be maintained by the agency.
74          (e) If custody of the property is transferred to another agency, a copy of the receipt
75     under Subsection (1)(a) shall be provided with the property.
76          (2) The agency responsible for maintaining the property shall:
77          (a) hold all seized property in safe physical custody until [it] the seized property can be
78     disposed of as provided in this title; and
79          (b) maintain a record of the property that includes:
80          (i) a detailed inventory of all property seized;
81          (ii) the name of the person from whom [it was] the property is seized; and
82          (iii) the agency's case number.
83          (3) Property seized under this title is not recoverable by replevin, but is considered in
84     the agency's physical custody subject only to the orders of the court or the official having
85     jurisdiction.
86          (4) [All controlled] Controlled substances or other contraband that is seized by a peace
87     officer may be processed for evidentiary or investigative purposes, including sampling or other
88     preservation procedure [prior to] before disposal or destruction.
89          (5) (a) An agency shall deposit property in the form of cash or other readily negotiable
90     instruments into a separate, restricted, interest-bearing account maintained by the agency solely
91     for the purpose of managing and protecting the property from commingling, loss, or
92     devaluation.
93          (b) [Each] An agency shall have written policies for the identification, tracking,
94     management, and safekeeping of seized property, which shall include a prohibition against the
95     transfer, sale, or auction of seized property to any employee of the agency.
96          [(6) If a peace officer or the officer's employing agency records an interview of a minor
97     child during an investigation of a violation of Section 76-5-402.1, 76-5-402.3, 76-5-403.1, or
98     76-5-404.1, the agency shall retain a copy of the recording for 18 years following the date of
99     the last recording unless the prosecuting attorney requests in writing that the recording be
100     retained for an additional period of time.]
101          [(7)] (6) Title 13, Chapter 32a, Pawnshop and Secondhand Merchandise Transaction
102     Information Act, governs the disposition of property held by a pawn or secondhand business in
103     the course of [its] the pawn or secondhand's business.
104          Section 3. Section 24-3-104 is amended to read:
105          24-3-104. Petition to return property held as evidence.
106          (1) (a) A person claiming ownership of property held as evidence may file a petition
107     with the court for the return of the property.
108          (b) The petition may be filed in:
109          (i) the court in which criminal proceedings have commenced regarding the conduct for
110     which the property is held as evidence; or
111          (ii) the district court of the jurisdiction where the property was seized, if there [are] is
112     no pending criminal [proceedings] proceeding.
113          (c) A copy of the petition shall be served on the prosecuting attorney and the agency
114     [which] that has possession of the property.
115          (2) The court shall provide an opportunity for an expedited hearing. After the
116     opportunity for an expedited hearing, the court may order that the property be:
117          (a) returned to the rightful owner as determined by the court;
118          (b) applied directly or by proceeds of the sale of the property toward restitution, fines,
119     or fees owed by the rightful owner in an amount set by the court;
120          (c) converted to a public interest use;
121          (d) held for further legal action;
122          (e) sold at public auction and the proceeds of the sale applied to a public interest use;
123     or
124          (f) destroyed.
125          (3) Before the court can order property be returned to a person claiming ownership of
126     property, the [person shall establish] court shall enter findings establishing by clear and
127     convincing evidence that the person:
128          (a) is the rightful owner; and
129          (b) may lawfully possess the property.
130          (4) If the court orders the property to be returned, the agency that possesses the
131     property shall return the property to the claimant as expeditiously as possible.
132          Section 4. Section 24-4-103 is amended to read:
133          24-4-103. Initiating forfeiture proceedings -- Notice of intent to seek forfeiture.
134          (1) (a) Property held for forfeiture is immediately subject to the legal custody and sole
135     in rem jurisdiction of the state court of competent jurisdiction.
136          (b) The state court of competent jurisdiction is the state district court:
137          (i) where a forfeiture proceeding is initiated; or
138          (ii) in the jurisdiction where the property is seized, if no criminal or forfeiture
139     proceeding is commenced or initiated.
140          [(1)] (2) (a) Within 30 days from the date that property is seized, an agency seeking to
141     forfeit property shall serve a notice of intent to seek forfeiture upon any [claimants] claimant
142     known to the agency.
143          (b) The notice of intent to seek forfeiture shall describe the:
144          (i) date of the seizure;
145          (ii) property seized;
146          (iii) claimant's rights and obligations under this chapter, including the availability of
147     hardship relief in appropriate circumstances; and
148          (iv) statutory basis for the forfeiture, including the judicial proceedings by which
149     property may be forfeited under this chapter.
150          (c) The notice of intent to seek forfeiture shall be served by:
151          (i) certified mail, return receipt requested, to the claimant's known address; or
152          (ii) personal service.
153          (d) The court [may void any] shall void a forfeiture made without notice under
154     Subsection [(1)] (2)(a), unless the agency demonstrates:
155          (i) good cause for the failure to give notice to the claimant; or
156          (ii) that the claimant had actual notice of the seizure.
157          [(2)] (3) (a) Once the agency has served each claimant with a notice of intent to seek
158     forfeiture, but no later than 60 days from the date that property is seized, the agency shall
159     present a written request for forfeiture to the prosecuting attorney.
160          (b) The written request shall:
161          (i) describe the property to be forfeited; and
162          (ii) include a copy of [all] the reports, supporting documents, and other evidence
163     necessary for the prosecuting attorney to determine the legal sufficiency for filing a forfeiture
164     action.
165          Section 5. Section 24-4-104 is amended to read:
166          24-4-104. Civil forfeiture procedure.
167          (1) (a) The law enforcement agency shall promptly return seized property, and the
168     prosecuting attorney may take no further action to effect the forfeiture of the property, unless
169     within 75 days after the property is seized the prosecuting attorney:
170          (i) files a criminal indictment or information under Subsection 24-4-105(2);
171          (ii) obtains a restraining order under Subsection 24-4-105(3);
172          (iii) files a petition under Subsection 24-4-114(1); or
173          (iv) files a civil forfeiture complaint.
174          (b) A complaint for civil forfeiture shall describe with reasonable particularity the:
175          (i) property that is the subject of the forfeiture proceeding;
176          (ii) date and place of seizure; and
177          (iii) factual allegations that constitute a basis for forfeiture.
178          (2) (a) After a complaint is filed, the prosecuting attorney shall serve a copy of the
179     complaint and summons upon each claimant known to the prosecuting attorney within 30 days.
180          (b) The prosecuting attorney is not required to serve a copy of the complaint or the
181     summons upon any claimant who has disclaimed, in writing, an ownership interest in the
182     seized property.
183          (c) Service of the complaint and summons shall be by:
184          (i) personal service;
185          (ii) certified mail, return receipt requested, to the claimant's known address; or
186          (iii) service by publication, if the prosecuting attorney demonstrates to the court that
187     service cannot reasonably be made by personal service or certified mail.
188          (d) Service by publication shall be by publication of two notices, in two successive
189     weeks, of the forfeiture proceeding:
190          (i) in a newspaper of general circulation in the county in which the seizure occurred;
191     and
192          (ii) on Utah's Public Legal Notice Website established in Subsection 45-1-101(2)(b).
193          (e) Service is effective upon the earlier of:
194          (i) personal service;
195          (ii) mailing of a written notice; or
196          (iii) publication.
197          (f) Upon motion of the prosecuting attorney and a showing of good cause, the court
198     may extend the period to complete service under this section for an additional 60 days.
199          (3) (a) In any case where the prosecuting attorney files a complaint for forfeiture, a
200     claimant may file an answer to the complaint.
201          (b) The answer shall be filed within 30 days after the complaint is served upon the
202     claimant as provided in Subsection (2)(b).
203          (c) When the property subject to forfeiture is valued at less than $10,000, the agency
204     that has custody of the property shall return the property to the claimant if:
205          (i) (A) the prosecuting attorney has filed a forfeiture complaint, and the claimant has
206     filed an answer through an attorney or pro se, in accordance with Subsections (3)(a) and (b);
207     and
208          (B) the prosecuting attorney has not filed an information or indictment for criminal
209     conduct giving rise to the forfeiture within 60 days after the date that service of the forfeiture
210     complaint on the claimant was completed, or has not timely moved a court of competent
211     jurisdiction and demonstrated reasonable cause for an extension of time to file such an
212     information or indictment; or
213          (ii) the information or indictment for criminal conduct giving rise to the forfeiture was
214     dismissed and the prosecuting attorney has not refiled the information or indictment within
215     seven days of the dismissal.
216          (d) The return of property to the claimant under Subsection (3)(c) does not include any
217     expenses, costs, or attorney fees.
218          (e) The time limitations in Subsection (3)(c)(i) may be extended for up to 15 days if a
219     claimant timely seeks to recover possession of seized property pursuant to Subsection
220     24-4-107(8), but shall resume immediately upon the seizing agency's or prosecuting attorney's
221     timely denial of the claim on the merits.
222          (4) Except as otherwise provided in this chapter, forfeiture proceedings are governed
223     by the Utah Rules of Civil Procedure.
224          (5) The court shall take all reasonable steps to expedite civil forfeiture proceedings and
225     shall give these proceedings the same priority as is given to criminal cases.
226          (6) In [all suits or actions] a suit or action brought under this section for the civil
227     forfeiture of any property, the burden of proof is on the prosecuting attorney to establish by
228     clear and convincing evidence that [the claimant engaged in conduct giving rise to the]
229     property is subject to forfeiture.
230          (7) A claimant may file an answer to a complaint for civil forfeiture without posting
231     bond with respect to the property subject to forfeiture.
232          (8) Property is subject to forfeiture under this chapter if the prosecuting attorney
233     establishes that:
234          (a) (i) the claimant has engaged in conduct giving rise to forfeiture;
235          [(b)] (ii) the property [was] is acquired by the claimant during that portion of the
236     conduct that gives rise to forfeiture, or within a reasonable time after that conduct is
237     committed; and
238          [(c)] (iii) there is no likely source for the purchase or acquisition of the property other
239     than the conduct that gives rise to forfeiture[.]; or
240          (b) (i) there is no known claimant;
241          (ii) there is cause to believe that the property has been used to commit a crime or is
242     proceeds of a crime; and
243          (iii) the prosecuting attorney has complied with the notice requirements of Subsection
244     (2)(d).
245          (9) A finding by the court that property is the proceeds of conduct giving rise to
246     forfeiture does not require proof that the property was the proceeds of any particular exchange
247     or transaction.
248          (10) If the prosecutor establishes that the property is subject to forfeiture, but the
249     claimant is subsequently criminally charged with the conduct giving rise to the forfeiture and is
250     acquitted of that charge on the merits:
251          (a) the property subject to the forfeiture or the open market value of the property, if the
252     property has been disposed of under Subsection 24-4-108(13), shall be returned to the
253     claimant; and
254          (b) any payments required under this chapter regarding the costs of holding the
255     property shall be paid to the claimant.
256          Section 6. Section 24-4-108 is amended to read:
257          24-4-108. Release of property held for forfeiture on certain grounds.
258          (1) After [the] a seizing agency gives notice [that the property is to be held for
259     forfeiture] pursuant to Subsection 24-4-103(2), a person [or entity] may not alienate, convey,
260     sequester, or attach that property until the court issues a final order of dismissal or an order of
261     forfeiture regarding the property.
262          (2) The seizing agency or the prosecuting attorney may authorize the release of
263     property held for forfeiture to a claimant if retention of actual custody is unnecessary.
264          (3) [With] Subject to Subsection 24-4-114(1)(c), with the consent of a court of
265     competent jurisdiction, the prosecuting attorney may discontinue forfeiture proceedings and
266     transfer the action to another state or federal agency that has initiated forfeiture proceedings
267     involving the same property.
268          (4) Property held for forfeiture is [considered to be in the custody of the district court
269     and] subject only to:
270          (a) the orders and decrees of the state court [having jurisdiction over the property or the
271     forfeiture proceedings] identified in Subsection 24-4-103(1); and
272          (b) the acts of the agency that possesses the property or the prosecuting attorney
273     pursuant to this chapter.
274          (5) (a) A claimant may obtain release of property held for forfeiture by posting with the
275     district court a surety bond or cash in an amount equal to the current fair market value of the
276     property as determined by the court or by the parties' stipulation.
277          (b) The district court may refuse to order the release of the property if:
278          (i) the bond tendered is inadequate;
279          (ii) the property is contraband or is retained as evidence; or
280          (iii) the property is particularly altered or designed for use in conduct giving cause for
281     forfeiture.
282          (c) If a surety bond or cash is posted and the court later determines that the property is
283     subject to forfeiture, the court shall order the forfeiture of the surety bond or cash in lieu of the
284     property.
285          (6) A claimant is entitled to the immediate release of property held for forfeiture
286     pending the final determination of forfeiture if:
287          (a) the claimant had a possessory interest in the property at the time of seizure;
288          (b) continued possession by the agency or the state pending the final disposition of the
289     forfeiture proceedings will cause substantial hardship to the claimant, such as:
290          (i) preventing the functioning of a legitimate business;
291          (ii) preventing any individual from working;
292          (iii) preventing any child from attending elementary or secondary school;
293          (iv) preventing or hindering any person from receiving necessary medical care;
294          (v) hindering the care of an elderly or disabled dependent child or adult;
295          (vi) leaving any individual homeless; or
296          (vii) any other condition that the court determines causes a substantial hardship;
297          (c) the hardship from the continued possession of the property by the agency outweighs
298     the risk that the property will be destroyed, damaged, lost, concealed, or transferred if it is
299     returned to the claimant during the pendency of the proceeding; and
300          (d) determination of substantial hardship under this Subsection (6) is based upon the
301     property's use [prior to] before the seizure.
302          (7) After the seizing agency gives notice that the property is to be held for forfeiture, a
303     claimant may file a motion for hardship release:
304          (a) in the court in which forfeiture proceedings have commenced; or
305          (b) in any district court having jurisdiction over the property, if forfeiture proceedings
306     have not yet commenced.
307          (8) The motion for hardship release shall also be served upon the prosecuting attorney
308     or the seizing agency within 10 days after filing the motion.
309          (9) The court shall render a decision on a motion for hardship filed under this section
310     not later than 20 days after the date of filing, or 10 days after service upon the prosecuting
311     attorney or seizing agency, whichever is earlier, unless this period is extended by the agreement
312     of both parties or by the court for good cause shown.
313          (10) (a) If the claimant demonstrates substantial hardship pursuant to this section, the
314     court shall order the property immediately released to the claimant pending completion of
315     proceedings by the government to obtain forfeiture of the property.
316          (b) The court may place conditions on release of the property as it finds necessary and
317     appropriate to preserve the availability of the property or its equivalent for forfeiture.
318          (11) The hardship release under this section does not apply to:
319          (a) contraband;
320          (b) currency or other monetary instrument or electronic funds; or
321          (c) property that is likely to be used to commit additional illegal acts if returned to the
322     claimant.
323          (12) (a) The court may order property that is held for forfeiture to be sold, as allowed
324     by Subsection (13), leased, rented, or operated to satisfy a specified interest of any claimant, or
325     to preserve the interests of any party on motion of that party.
326          (b) The court may enter orders under Subsection (12)(a) after written notice to persons
327     known to have an interest in the property, and after an opportunity for a hearing.
328          (13) (a) A sale may be ordered under Subsection (12) when the property is liable to
329     perish, waste, or be significantly reduced in value, or when the expenses of maintaining the
330     property are disproportionate to its value.
331          (b) A third party designated by the court shall dispose of the property by commercially
332     reasonable public sale and distribute the proceeds in the following order of priority:
333          (i) first, for the payment of reasonable expenses incurred in connection with the sale;
334          (ii) second, for the satisfaction of any interests, including those of interest holders, in
335     the order of their priority as determined by Title 70A, Uniform Commercial Code; and
336          (iii) third, any balance of the proceeds shall be preserved in the actual or constructive
337     custody of the court, in an interest-bearing account, subject to further proceedings under this
338     chapter.
339          Section 7. Section 24-4-109 is amended to read:
340          24-4-109. Postseizure interest.
341          In [any] a proceeding to forfeit currency or other negotiable instruments under this
342     chapter, the court shall award a prevailing party [postjudgment] postseizure interest on the
343     currency or negotiable instruments at the interest rate established under Section 15-1-4.
344          Section 8. Section 24-4-114 is amended to read:
345          24-4-114. Transfer and sharing procedures.
346          (1) (a) [Seizing agencies or prosecuting attorneys] A seizing agency or prosecuting
347     attorney who is authorized to bring forfeiture proceedings under this chapter may not directly
348     or indirectly transfer property held for forfeiture and not already named in a criminal
349     indictment to any federal agency or any governmental entity not created under and subject to
350     state law unless the court enters an order, upon petition of the prosecuting attorney, authorizing
351     the property to be transferred.
352          (b) If the commission is aware that an agency has been found by a court to have
353     intentionally violated the transfer provisions of this chapter, the agency is ineligible to
354     participate in the program during the following fiscal year.
355          [(b) The] (c) A court may not enter an order authorizing a transfer under Subsection
356     (1)(a) unless:
357          (i) the conduct giving rise to the investigation or seizure is interstate in nature and
358     sufficiently complex to justify the transfer;
359          (ii) the property may only be forfeited under federal law; or
360          (iii) pursuing forfeiture under state law would unreasonably burden a prosecuting
361     [attorneys] attorney or state law enforcement [agencies] agency.
362          [(c)] (d) A petition to transfer property to a federal agency under this section shall
363     include:
364          (i) a detailed description of the property seized;
365          (ii) the location where the property was seized;
366          (iii) the date the property was seized;
367          (iv) the case number assigned by the seizing law enforcement agency; and
368          (v) a declaration that:
369          (A) states the basis for relinquishing jurisdiction to a federal agency;
370          (B) contains the [names and addresses of any claimants] name and address of any
371     claimant then known; and
372          (C) is signed by the prosecutor.
373          [(d)] (e) The court may not authorize the transfer of property to the federal government
374     if the transfer would circumvent the protections of the Utah Constitution or of this chapter that
375     would otherwise be available to the property owner.
376          [(e) (i) Prior to] (f) (i) Before granting [any] an order to transfer pursuant to this
377     section, the court shall give any claimant the right to be heard with regard to the transfer by the
378     mailing of a notice to each address contained in the declaration.
379          (ii) If no claimant objects to the petition to transfer property within 10 days of the
380     mailing of the notice, the court shall issue its order under this section.
381          (iii) If the declaration does not include an address for a claimant, the court shall delay
382     its order under this section for 20 days to allow time for the claimant to appear and make an
383     objection.
384          [(f)] (g) (i) If a claimant contests a petition to transfer property to a federal agency, the
385     court shall promptly set the matter for hearing.
386          (ii) (A) The court shall determine whether the state may relinquish jurisdiction by a
387     standard of preponderance of the evidence.
388          (B) In making the determination, the court shall consider evidence regarding hardship,
389     complexity, judicial and law enforcement resources, and any other matter the court determines
390     to be relevant.
391          (2) [All] The property, money, or other things of value received by an agency pursuant
392     to federal law, which authorizes the sharing or transfer of all or a portion of forfeited property
393     or the proceeds of the sale of forfeited property to an agency:
394          (a) shall be used in compliance with federal laws and regulations relating to equitable
395     sharing;
396          (b) may be used for [those] the law enforcement purposes [specified] described in
397     Subsection 24-4-117[(9)] (10); and
398          (c) may not be used for [those] the law enforcement purposes prohibited in Subsection
399     24-4-117[(10)] (11).
400          (3) A state or local law enforcement agency awarded any equitable share of property
401     forfeited by the federal government:
402          (a) may only use the award money after approval of the use by the agency's legislative
403     body[.]; and
404          (b) shall report the date on which the award money was received and the amount of the
405     award money to the commission.
406          (4) An agency that receives an equitable share of property forfeited by the federal
407     government is ineligible to participate in the program the following fiscal year.
408          (5) Before transferring any property under Subsection (1), an agency shall adopt and
409     comply with a written policy governing the transfer of property that is consistent with the
410     provisions of this section.
411          Section 9. Section 24-4-117 is amended to read:
412          24-4-117. State Asset Forfeiture Grant Program.
413          (1) There is created the State Asset Forfeiture Grant Program.
414          (2) The program shall fund crime prevention, crime victim reparations, and law
415     enforcement activities that have the purpose of:
416          (a) deterring crime by depriving [criminals] a criminal of the profits and proceeds of
417     [their] the criminal's illegal activities;
418          (b) weakening criminal enterprises by removing the instrumentalities of crime;
419          (c) reducing crimes involving substance abuse by supporting the creation,
420     administration, or operation of drug court programs throughout the state;
421          (d) encouraging cooperation between local, state, and multijurisdictional law
422     enforcement agencies;
423          (e) allowing the costs and expenses of law enforcement to be defrayed by the forfeited
424     proceeds of crime;
425          (f) increasing the equitability and accountability of the use of forfeited property used to
426     assist law enforcement in reducing and preventing crime; and
427          (g) providing aid to victims of criminally injurious conduct, as defined in Section
428     63M-7-502, who may be eligible for assistance under Title 63M, Chapter 7, Part 5, Utah Office
429     for Victims of Crime.
430          (3) (a) When property is forfeited under this chapter and transferred to the account,
431     upon appropriation the commission shall allocate and administer grants to state agencies, local
432     law enforcement agencies, multijurisdictional law enforcement agencies, or political
433     subdivisions of the state in compliance with this section and to further the program purposes
434     under Subsection (2).
435          (b) The commission may retain up to [3%] 5% of the annual appropriation from the
436     account to pay for administrative costs incurred by the commission, including salary and
437     benefits, equipment, supplies, or travel costs that are directly related to the administration of
438     the program.
439          (4) [Agencies or political subdivisions] An agency or political subdivision shall apply
440     for an award from the program by completing and submitting forms specified by the
441     commission.
442          (5) In granting [the awards] an award, the commission shall ensure that the amount of
443     each award takes into consideration the:
444          (a) demonstrated needs of the agency;
445          (b) demonstrated ability of the agency to appropriately use the award; and
446          [(c) degree to which the agency's need is offset through the agency's participation in
447     federal equitable sharing or through other federal and state grant programs; and]
448          [(d)] (c) agency's cooperation with other state and local agencies and task forces.
449          (6) The commission may not disqualify an agency from being awarded a grant based
450     on the agency's participation in state or federal forfeiture.
451          [(6) Applying agencies or political subdivisions]
452          (7) (a) An applying agency or political subdivision shall demonstrate compliance with
453     [all] the reporting and policy requirements applicable under this chapter and under Title 63M,
454     Chapter 7, Criminal Justice and Substance Abuse, [in order] to qualify as a potential award
455     recipient.
456          (b) A law enforcement agency that fails to provide a report of its forfeiture activities
457     may not be awarded a grant during the following calendar year.
458          [(7)] (8) (a) [Recipient] A recipient law enforcement [agencies] agency may only use
459     award money after approval by the agency's legislative body.
460          (b) The award money is nonlapsing.
461          [(8)] (9) A recipient state agency, local law enforcement agency, multijurisdictional
462     law enforcement agency, or political subdivision shall use awards only for law enforcement
463     purposes as described in this section or for victim reparations as described in Subsection (2)(g),
464     and only as these purposes are specified by the agency or political subdivision in its application
465     for the award.
466          [(9)] (10) Permissible law enforcement purposes for which award money may be used
467     include:
468          (a) controlled substance interdiction and enforcement activities;
469          (b) drug court programs;
470          (c) activities calculated to enhance future law enforcement investigations;
471          (d) law enforcement training that includes:
472          (i) implementation of the Fourth Amendment to the United States Constitution and
473     Utah Constitution, Article I, Section 7, and that addresses the protection of the individual's
474     right of due process;
475          (ii) protection of the rights of innocent property holders; and
476          (iii) the Tenth Amendment to the United States Constitution regarding states'
477     sovereignty and the states' reserved rights;
478          (e) law enforcement or detention facilities;
479          (f) law enforcement operations or equipment that are not routine costs or operational
480     expenses;
481          (g) drug, gang, or crime prevention education programs that are sponsored in whole or
482     in part by the law enforcement agency or its legislative body;
483          (h) matching funds for other state or federal law enforcement grants; and
484          (i) the payment of legal costs, attorney fees, and postjudgment interest in forfeiture
485     actions.
486          [(10)] (11) Law enforcement purposes for which award money may not be granted or
487     used include:
488          (a) payment of salaries, retirement benefits, or bonuses to any person;
489          (b) payment of expenses not related to law enforcement;
490          (c) uses not specified in the agency's award application;
491          (d) uses not approved by the agency's legislative body;
492          (e) payments, transfers, or pass-through funding to [entities] an entity other than a law
493     enforcement [agencies] agency; or
494          (f) uses, payments, or expenses that are not within the scope of the agency's functions.
495          Section 10. Section 24-4-118 is amended to read:
496          24-4-118. Forfeiture reporting requirements.
497          (1) [On and after January 1, 2016, every] A state, county, municipal, or other law
498     enforcement agency shall provide [all] the reasonably available data described in Subsection
499     (5), along with the transfer of any applicable forfeited property:
500          (a) when [transferring the forfeited property resulting from] the final disposition [of
501     any] has been made for a civil or criminal forfeiture matter [to the Commission on Criminal
502     and Juvenile Justice as required under Subsection 24-4-115(5)]; or
503          (b) when the agency has been awarded any equitable share of property forfeited by the
504     federal government.
505          (2) The [Commission on Criminal and Juvenile Justice] commission shall develop a
506     standardized report format that each agency shall use in reporting the data required under this
507     section.
508          (3) The [Commission on Criminal and Juvenile Justice] commission shall annually, on
509     or before April 30, prepare a summary report of the case data submitted by each agency under
510     Subsection (1) during the prior calendar year.
511          (4) (a) If an agency does not comply with the reporting requirements under this section,
512     the [Commission on Criminal and Juvenile Justice] commission shall contact the agency and
513     request that the agency comply with the required reporting provisions.
514          (b) If an agency fails to comply with the reporting requirements under this section
515     within 30 days after receiving the request to comply, the [Commission on Criminal and
516     Juvenile Justice] commission shall report the noncompliance to the Utah attorney general, the
517     speaker of the House of Representatives, and the president of the Senate.
518          (5) The data for any civil or criminal forfeiture matter for which final disposition has
519     been made under Subsection (1) shall include:
520          (a) the agency that conducted the seizure;
521          (b) the case number or other identification;
522          (c) the date or dates on which the seizure was conducted;
523          (d) the number of individuals having a known property interest in each seizure of
524     property;
525          (e) the type of property seized;
526          (f) the alleged offense that was the cause for seizure of the property;
527          (g) whether any criminal charges were filed regarding the alleged offense, and if so, the
528     final disposition of each charge, including the conviction, acquittal, or dismissal, or whether
529     action on a charge is pending;
530          (h) the type of enforcement action that resulted in the seizure, including an
531     enforcement stop, a search warrant, or an arrest warrant;
532          (i) whether the forfeiture procedure was civil or criminal;
533          (j) the value of the property seized, including currency and the estimated market value
534     of any tangible property;
535          (k) the final disposition of the matter, including whether final disposition was entered
536     by stipulation of the parties, including the amount of property returned to any claimant, by
537     default, by summary judgment, by jury award, or by guilty plea or verdict in a criminal
538     forfeiture;
539          (l) if the property was forfeited by the federal government, the amount of forfeited
540     money awarded to the agency;
541          (m) the agency's direct costs, expense of reporting under this section, and expenses for
542     obtaining and maintaining the seized property, as described in Subsection 24-4-115(3)(a);
543          (n) the legal costs and attorney fees paid to the prosecuting attorney, as described in
544     Subsection 24-4-115(3)(b); and
545          (o) if the property was transferred to a federal agency or any governmental entity not
546     created under and subject to state law:
547          (i) the date of the transfer;
548          (ii) the name of the federal agency or entity to which the property was transferred;
549          (iii) a reference to which reason under Subsection 24-4-114(1)(a) justified the transfer;
550          (iv) the court or agency where the forfeiture case was heard;
551          (v) the date of the order of transfer of the property; and
552          (vi) the value of the property transferred to the federal agency, including currency and
553     the estimated market value of any tangible property.
554          (6) On and after January 1, 2016, [every] a state, county, municipal, or other law
555     enforcement agency shall annually on or before April 30 submit a report for the prior calendar
556     year to the [Commission on Criminal and Juvenile Justice which] commission that states:
557          (a) whether the agency received an award from the [State Asset Forfeiture Grant
558     Program] program under Section 24-4-117 and, if so, the following information for each
559     award:
560          (i) the amount of the award;
561          (ii) the date of the award;
562          (iii) how the award was used or is planned to be used; and
563          (iv) a statement signed by both the agency's executive officer or designee and by the
564     agency's legal counsel, that:
565          (A) the agency has complied with [all] the inventory, policy, and reporting
566     requirements under Section 24-4-117; and
567          (B) [all] the awards were used for crime reduction or law enforcement purposes as
568     specified in the application and that the awards were used only upon approval by the agency's
569     legislative body; and
570          (b) whether the agency received any property, money, or other things of value pursuant
571     to federal law as described in Subsection 24-4-114(2) and, if so, the following information for
572     each piece of property, money, or other thing of value:
573          (i) the case number or other case identification;
574          (ii) the value of the award and the property, money, or other things of value received by
575     the agency;
576          (iii) the date of the award;
577          (iv) the identity of any federal agency involved in the forfeiture;
578          (v) how the awarded property has been used or is planned to be used; and
579          (vi) a statement signed by both the agency's executive officer or designee and by the
580     agency's legal counsel, that the agency has only used the award for crime reduction or law
581     enforcement purposes authorized under Section 24-4-117, and that the award was used only
582     upon approval by the agency's legislative body.
583          (7) (a) On or before July 1 of each year, the [Commission on Criminal and Juvenile
584     Justice] commission shall submit notice of the annual reports in Subsection (3) and Subsection
585     (6), in electronic format, to:
586          (i) the Utah attorney general;
587          (ii) the speaker of the House of Representatives, for referral to any House standing or
588     interim committees with oversight over law enforcement and criminal justice;
589          (iii) the president of the Senate, for referral to any Senate standing or interim
590     committees with oversight over law enforcement and criminal justice; and
591          (iv) each law enforcement agency.
592          (b) The reports described in Subsection (3) and Subsection (6), as well as the
593     individual case data described in Subsection (1) for the previous calendar year, shall be
594     published on the Utah Open Government website at open.utah.gov on or before July 15 of each
595     year.