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6
7 LONG TITLE
8 General Description:
9 This bill amends provisions related to asset forfeiture.
10 Highlighted Provisions:
11 This bill:
12 ▸ adds and modifies definitions;
13 ▸ clarifies provisions related to the seizure and forfeiture of property and contraband;
14 ▸ provides, with certain exceptions, that seized property may not be transferred or
15 shared with a federal agency or an agency of another state;
16 ▸ requires that a disclaimer of seized property by an individual be knowing and
17 voluntary;
18 ▸ provides that law enforcement agencies have 30 days to process seized cash or
19 negotiable instruments;
20 ▸ requires the cash or negotiable instrument be deposited into an interest-bearing
21 account;
22 ▸ amends provisions related to the retention of property for court proceedings;
23 ▸ reduces the length of time for an agency to present a written request for forfeiture to
24 a prosecutor;
25 ▸ requires the attorney general's office to review written requests for forfeiture from
26 certain counties;
27 ▸ provides the attorney general's office with discretion to review any seizure of
28 $10,000 or more;
29 ▸ prohibits the forfeiture of property seized upon the sole offense of possession of a
30 controlled substance;
31 ▸ permits grants to any agency involved in forfeiture activities regardless of whether
32 the agency contributed to the State Asset Forfeiture Fund;
33 ▸ requires certification of asset forfeiture specialists by Peace Officers Standards and
34 Training or Utah Prosecution Council; and
35 ▸ makes technical and conforming changes.
36 Money Appropriated in this Bill:
37 None
38 Other Special Clauses:
39 None
40 Utah Code Sections Affected:
41 AMENDS:
42 24-1-102, as last amended by Laws of Utah 2017, Chapters 285 and 362
43 24-1-103, as enacted by Laws of Utah 2013, Chapter 394
44 24-2-102, as enacted by Laws of Utah 2013, Chapter 394
45 24-2-103, as last amended by Laws of Utah 2017, Chapter 362
46 24-3-101, as enacted by Laws of Utah 2013, Chapter 394
47 24-3-103, as last amended by Laws of Utah 2017, Chapters 285 and 334
48 24-3-104, as enacted by Laws of Utah 2013, Chapter 394
49 24-4-101, as enacted by Laws of Utah 2013, Chapter 394
50 24-4-102, as last amended by Laws of Utah 2017, Chapter 362
51 24-4-103, as enacted by Laws of Utah 2013, Chapter 394
52 24-4-104, as last amended by Laws of Utah 2017, Chapter 362
53 24-4-105, as last amended by Laws of Utah 2014, Chapter 112
54 24-4-107, as last amended by Laws of Utah 2017, Chapter 362
55 24-4-109, as enacted by Laws of Utah 2013, Chapter 394
56 24-4-110, as last amended by Laws of Utah 2017, Chapter 362
57 24-4-111, as enacted by Laws of Utah 2013, Chapter 394
58 24-4-112, as enacted by Laws of Utah 2013, Chapter 394
59 24-4-113, as enacted by Laws of Utah 2013, Chapter 394
60 24-4-115, as last amended by Laws of Utah 2017, Chapter 303
61 24-4-116, as enacted by Laws of Utah 2013, Chapter 394
62 24-4-117, as last amended by Laws of Utah 2015, Chapter 134
63 24-4-118, as last amended by Laws of Utah 2017, Chapter 303
64 ENACTS:
65 24-2-102.5, Utah Code Annotated 1953
66 24-2-104, Utah Code Annotated 1953
67 24-3-101.5, Utah Code Annotated 1953
68 24-4-103.5, Utah Code Annotated 1953
69 24-4-119, Utah Code Annotated 1953
70 53-13-110.5, Utah Code Annotated 1953
71 RENUMBERS AND AMENDS:
72 24-2-105, (Renumbered from 24-3-102, as enacted by Laws of Utah 2013, Chapter 394)
73 24-2-106, (Renumbered from 24-4-114, as last amended by Laws of Utah 2015,
74 Chapter 134)
75 24-2-107, (Renumbered from 24-4-108, as enacted by Laws of Utah 2013, Chapter 394)
76
77 Be it enacted by the Legislature of the state of Utah:
78 Section 1. Section 24-1-102 is amended to read:
79 24-1-102. Definitions.
80 As used in this title:
81 (1) "Account" means the Criminal Forfeiture Restricted Account created in Section
82 24-4-116.
83 (2) (a) "Acquitted" means a finding-by a jury or a judge at trial that a claimant is not
84 guilty.
85 (b) "Acquitted" does not include:
86 (i) a verdict of guilty on a lesser or reduced charge;
87 (ii) a plea of guilty to a lesser or reduced charge; or
88 (iii) dismissal of a charge as a result of a negotiated plea agreement.
89 (3) "Agency" means [
90
91
92 a multijurisdictional task force.
93 (4) "Claimant" means [
94 (a) an owner of property as defined in this section;
95 (b) an interest holder as defined in this section; or
96 (c) [
97 forfeiture under this title.
98 (5) "Commission" means the [
99 Justice created in Section 63M-7-201.
100 (6) "Complaint" means a civil in rem or criminal complaint seeking the forfeiture of
101 any real or personal property under this title.
102 (7) (a) "Computer" means an electronic, magnetic, optical, electrochemical, or other
103 high-speed data processing device that performs logical, arithmetic, and storage functions[
104
105 (b) "Computer" includes any device that is used for the storage of digital or electronic
106 files, flash memory, software, or other electronic information.
107 [
108 service provider, or the service provider's employee, if used [
109
110 (8) "Constructive seizure" means a seizure of property where the property is left in the
111 control of the owner and [
112 seek forfeiture.
113 (9) (a) "Contraband" means any property, item, or substance that is unlawful to
114 produce or to possess under state or federal law.
115 [
116 (b) "Contraband" includes:
117 (i) a controlled substance that is possessed, transferred, distributed, or offered for
118 distribution in violation of Title 58, Chapter 37, Utah Controlled Substances Act[
119
120 [
121 (ii) a computer that:
122 [
123 upload to a storage account, or store any electronic or digital files containing child
124 pornography; or
125 [
126 as defined in Subsection 76-6-1102(1), whether that [
127 and the personal identifying information has been used to create false or fraudulent
128 identification documents or financial transaction cards in violation of Title 76, Chapter 6, Part
129 5, Fraud.
130 (10) "Forfeit" means to divest a claimant of an ownership interest in property seized
131 under this title.
132 [
133 (a) held an ownership interest in property at the time [
134
135 forfeiture under this title, and:
136 (i) did not have actual knowledge of the [
137 forfeiture; or
138 (ii) upon learning of the [
139 the offense, took reasonable steps to prohibit the [
140 of the offense; or
141 (b) acquired an ownership interest in the property and had no knowledge that the
142 [
143 property to forfeiture under this title had occurred or that the property had been seized for
144 forfeiture, and:
145 (i) acquired the property in a bona fide transaction for value;
146 (ii) was [
147 the property through probate or inheritance; or
148 (iii) was a spouse who acquired an interest in property through dissolution of marriage
149 or by operation of law.
150 [
151 70A-9a-102, a party with a right-of-offset, a mortgagee, lien creditor, or the beneficiary of a
152 security interest or encumbrance pertaining to an interest in property, whose interest would be
153 perfected against a good faith purchaser for value.
154 (b) "Interest holder" does not mean a person:
155 (i) who holds property for the benefit of or as an agent or nominee for another
156 person[
157 (ii) who is not in substantial compliance with any statute requiring an interest in
158 property to be recorded or reflected in public records in order to perfect the interest against a
159 good faith purchaser for value.
160 [
161 officer or agency at the time the property [
162 on record with a governmental entity if no address was provided at the time of the seizure.
163 [
164 forfeiture action.
165 [
166 (a) (i) the Legislature, county commission, county council, city commission, city
167 council, or town council that has fiscal oversight and budgetary approval authority over an
168 agency; or
169 (ii) the agency's governing political subdivision; or
170 (b) the lead governmental entity of a multijurisdictional task force, as designated in a
171 memorandum of understanding executed by the agencies participating in the task force.
172 [
173 agency comprised of [
174 of different governmental entities, including federal, state, county or municipal governments,
175 or any combination of [
176 [
177 holder, that possesses a bona fide legal or equitable interest in real or personal property.
178 (18) "Peace officer" means an employee:
179 (a) of an agency;
180 (b) whose duties consist primarily of the prevention and detection of violations of laws
181 of this state or a political subdivision of this state; and
182 (c) who is authorized by the agency to seize property under this title.
183 [
184 (i) property of any kind that is obtained directly or indirectly as a result of the
185 commission of an offense [
186 (ii) any property acquired directly or indirectly from, produced through, realized
187 through, or caused by an act or omission regarding property under Subsection [
188 (b) "Proceeds" includes any property of any kind without reduction for expenses
189 incurred in the acquisition, maintenance, or production of that property, or any other purpose
190 regarding property under Subsection [
191 (c) "Proceeds" is not limited to the net gain or profit realized from the offense that
192 [
193 [
194 created in Section 24-4-117.
195 [
196 intangible[
197 (b) "Property" does not include contraband.
198 [
199 (22) Except as provided in Subsection 24-4-103(3), "prosecuting attorney" means:
200 (a) the attorney general and [
201 (b) [
202 (c) [
203 (d) [
204 under this title.
205 [
206 (a) use by a government agency as determined by the legislative body of the agency's
207 jurisdiction; or
208 (b) donation of the property to a nonprofit charity registered with the state.
209 [
210 improvement, appurtenance, structure, or other development that is affixed permanently to
211 land.
212 Section 2. Section 24-1-103 is amended to read:
213 24-1-103. Venue.
214 [
215
216 [
217
218 [
219
220 [
221 Place of Trial -- Venue, or any other provisions of law, a proceeding for forfeiture under this
222 title may be maintained in the judicial district in which:
223 [
224 [
225 [
226 forfeiture under this title .
227 [
228 Section 3. Section 24-2-102 is amended to read:
229 24-2-102. Grounds for seizing property.
230 [
231
232
233 (1) A peace officer may seize property and contraband upon a search warrant or
234 administrative warrant that is issued in accordance with the Utah Rules of Criminal Procedure.
235 (2) [
236 this chapter when:
237 (a) the seizure is incident to an arrest;
238 (b) the property seized is the subject of a prior judgment in favor of the state in a
239 criminal injunction or forfeiture proceeding under this title; or
240 (c) the peace officer [
241 that the property:
242 (i) is directly or indirectly dangerous to health or safety;
243 (ii) is evidence of [
244 (iii) has been used or was intended to be used to commit [
245 (iv) is proceeds of [
246 Section 4. Section 24-2-102.5 is enacted to read:
247 24-2-102.5. Seizure of contraband.
248 If a peace officer seizes contraband, a person may not assert an ownership interest in the
249 contraband under this title.
250 Section 5. Section 24-2-103 is amended to read:
251 24-2-103. Property seized by a peace officer.
252 (1) To disclaim an ownership interest in property at the time of seizure, an individual's
253 disclaimer of the property shall be knowing, voluntary, and in writing.
254 [
255 peace officer's employing agency shall provide a receipt to the person from [
256 property [
257 [
258 [
259 [
260 [
261 [
262
263 officer or agency shall provide the person with information on how the person may request the
264 return of seized property and the district court that has jurisdiction over the property.
265 (b) The information described in Subsection (4)(a) shall include contact information
266 for the Utah State Law Library's self-help center.
267 [
268 [
269 [
270 [
271 (5) The agency shall maintain a copy of the receipt provided in accordance with
272 Subsection (2).
273 [
274
275 shall provide the other agency a copy of the receipt under Subsection (2) and the name of the
276 person from which the property was seized.
277 [
278 [
279
280 [
281 [
282 [
283 [
284 [
285
286 [
287
288
289 [
290
291
292
293 [
294
295
296 [
297
298
299
300
301 [
302
303
304 Section 6. Section 24-2-104 is enacted to read:
305 24-2-104. Custody of seized property and contraband.
306 (1) If a peace officer seizes property or contraband under Section 24-2-102, the
307 property and contraband:
308 (a) is not recoverable by replevin; and
309 (b) is considered in the custody of the agency that employed the peace officer.
310 (2) An agency with custody of seized property shall:
311 (a) hold the property in safe custody until the property is disposed of in accordance
312 with this title; and
313 (b) maintain a record of the property, including:
314 (i) a detailed inventory of all property seized;
315 (ii) the name of the person from whom the property was seized; and
316 (iii) the agency's case number.
317 (3) An agency may process, for evidentiary or investigative purposes, property or
318 contraband that is seized by a peace officer, including sampling or other preservation
319 procedure, before disposal or destruction.
320 (4) (a) Except as provided in Subsection (4)(b), no later than 30 days after the day on
321 which a peace officer seizes property in the form of cash or other readily negotiable
322 instruments under Section 24-2-102, an agency shall deposit the property into a separate,
323 restricted, interest-bearing account maintained by the agency solely for the purpose of
324 managing and protecting the property from commingling, loss, or devaluation.
325 (b) A prosecuting attorney may authorize one or more written extensions of the 30-day
326 period under Subsection (4)(a) if the property needs to maintain the form in which the property
327 was seized for evidentiary purposes or other good cause.
328 (c) An agency shall:
329 (i) have written policies for the identification, tracking, management, and safekeeping
330 of seized property; and
331 (ii) shall have a written policy that prohibits the transfer, sale, or auction of seized
332 property to an employee of the agency.
333 Section 7. Section 24-2-105, which is renumbered from Section 24-3-102 is
334 renumbered and amended to read:
335 [
336 (1) [
337 into evidence during a court proceeding, the clerk of the court shall:
338 (a) retain the property; or [
339 (b) return the property to the custody [
340
341 [
342 (2) (a) The agency shall retain seized or forfeited property:
343 (i) at the discretion of the prosecuting attorney; or
344 (ii) until all direct appeals and retrials are final[
345
346 (3) If the prosecuting attorney [
347 [
348 collateral attacks upon the judgment or for use in a potential prosecution, the [
349 prosecuting attorney may decline to authorize the disposal of the property [
350 Section 8. Section 24-2-106, which is renumbered from Section 24-4-114 is
351 renumbered and amended to read:
352 [
353 [
354
355
356
357
358 [
359
360 [
361
362 [
363 [
364
365 [
366 [
367 [
368 [
369 [
370 [
371 [
372 [
373 [
374 [
375
376
377 (1) If a peace officer seizes property under this title, the property is subject to:
378 (a) the orders and decrees of the district court with jurisdiction over the property; and
379 (b) the acts of the agency with custody of the property and the prosecuting attorney in
380 accordance with this title.
381 (2) Except as provided in Subsection (3), a peace officer, agency, or prosecuting
382 attorney may not directly or indirectly transfer or release property seized under this title to a
383 federal agency or to a governmental entity not created or subject to the laws of this state.
384 (3) An agency or prosecuting attorney may transfer or release property to a federal
385 agency or to a governmental entity not created or subject to the laws of this state if:
386 (a) the property is named in a federal criminal indictment, criminal information, or
387 criminal complaint before the day on which the agency files a notice of intent to seek forfeiture
388 in accordance with Section 24-4-103;
389 (b) an agency of another state requests the transfer of the property to the agency of that
390 state because the property was used in the commission of an offense in that state; or
391 (c) a district court authorizes in accordance with Subsection (5) the transfer or release
392 of the property to an agency of another state or a federal agency upon a petition by a
393 prosecuting attorney or federal prosecutor.
394 (4) (a) A prosecuting attorney, or a federal prosecutor, may file a petition in the district
395 court for the transfer or release of property.
396 (b) If a prosecuting attorney, or a federal prosecutor, files a petition under Subsection
397 (4)(a), the petition shall include:
398 (i) a detailed description of the property seized;
399 (ii) the location where the property was seized;
400 (iii) the date the property was seized;
401 (iv) the case number assigned by the agency; and
402 (v) a declaration that:
403 (A) states the basis for relinquishing jurisdiction to a federal agency;
404 (B) contains the names and addresses of any known claimant; and
405 (C) is signed by the prosecuting attorney or federal prosecutor.
406 (5) (a) A district court may not authorize the transfer or release of property under
407 Subsection (3)(c), unless by a preponderance of the evidence:
408 (i) the offense giving rise to the investigation or seizure of the property is interstate in
409 nature and constitutes a felony violation of federal law;
410 (ii) the property may only be forfeited under federal law; or
411 (iii) forfeiting the property under state law would unreasonably burden the prosecuting
412 attorney or agency.
413 [
414
415 (b) (i) Before a district court may order the transfer of property in accordance with this
416 section, the court, the prosecuting attorney, or federal prosecutor shall mail a notice to each
417 address contained in the declaration under Subsection (4)(b)(v) in order to give a claimant the
418 right to be heard with regard to the transfer [
419
420 (ii) If no claimant objects to the petition to transfer the property within 10 days of the
421 mailing of the notice, the court shall issue [
422 section.
423 (iii) If the declaration does not include an address for a claimant, the court shall delay
424 [
425 make an objection.
426 [
427 or to another governmental entity not created or subject to the laws of this state, the district
428 court shall promptly set the matter for hearing.
429 [
430
431 [
432 shall consider evidence regarding hardship, complexity, judicial and law enforcement
433 resources, protections afforded under state and federal law, pending state or federal
434 investigations, and any other relevant matter [
435 [
436
437
438 (6) If an agency receives property, money, or other things of value under a federal law
439 that authorizes the sharing or transfer of all or a portion of forfeited property, or the proceeds
440 from the sale of forfeited property, the agency:
441 (a) shall [
442 federal laws and regulations relating to equitable sharing;
443 (b) may [
444 money, or other things of value for a law enforcement purpose described in Subsection
445 24-4-117[
446 (c) may not [
447 other thing of value for a law enforcement purpose prohibited in Subsection
448 24-4-117[
449 [
450 share of property forfeited by the federal government may [
451 after approval of the use by the agency's legislative body.
452 Section 9. Section 24-2-107, which is renumbered from Section 24-4-108 is
453 renumbered and amended to read:
454 [
455 (1) [
456
457 an individual or entity may not alienate, convey, sequester, or attach [
458 [
459 (a) issues a final order [
460 dismiss an action under this title; or
461 (b) orders the forfeiture of the property.
462 (2) The [
463 property [
464 [
465
466
467 [
468
469 [
470
471 [
472
473 [
474 posting [
475 to the current fair market value of the property as determined by the court or by the parties'
476 stipulation.
477 (b) [
478 (i) the property if:
479 [
480 [
481 [
482
483 (ii) contraband.
484 (c) If a surety bond or cash is posted and the court later determines that the property [
485
486 in lieu of the property.
487 [
488 seized property, at any time, pending the final determination of forfeiture if:
489 (a) the claimant had a possessory interest in the property at the time of seizure;
490 (b) continued possession by the agency or the state pending the final disposition of the
491 forfeiture proceedings will cause substantial hardship to the claimant, such as:
492 (i) preventing the functioning of a legitimate business;
493 (ii) preventing any individual from working;
494 (iii) preventing any child from attending elementary or secondary school;
495 (iv) preventing or hindering [
496 medical care;
497 (v) hindering the care of [
498 [
499 (vi) leaving [
500 (vii) any other condition that the court determines causes a substantial hardship;
501 (c) the hardship from the continued possession of the property by the agency outweighs
502 the risk that the property will be destroyed, damaged, lost, concealed, or transferred if [
503 property is returned to the claimant during the pendency of the proceeding; and
504 (d) the determination of substantial hardship under this Subsection [
505 upon the property's use prior to the seizure.
506 [
507
508 (5) A claimant may request a hardship release:
509 (a) by motion in the court in which forfeiture proceedings have commenced; or
510 (b) by motion in [
511 there is venue if forfeiture proceedings have not yet commenced.
512 [
513 prosecuting attorney or the [
514 after the day on which the motion or petition is filed.
515 [
516 (a) schedule a hearing on the motion or petition within 14 days after the day on which
517 the motion or petition is filed; and
518 (b) render a decision on a motion or petition for hardship filed under this section [
519 no later than 20 days after the date of [
520
521 the agreement of both parties or by the court for good cause shown.
522 [
523 accordance with this section, the court shall order the property immediately released to the
524 claimant pending completion of [
525
526 (b) The court may place conditions on release of the property as [
527 necessary and appropriate to preserve the availability of the property or its equivalent for
528 forfeiture.
529 [
530 (a) contraband; or
531 [
532 [
533 the claimant.
534 [
535 [
536
537 to preserve the interests of any party on motion of that party.
538 (b) The court may enter orders under Subsection [
539 (i) written notice to [
540 and [
541 (ii) an opportunity for a hearing.
542 [
543 Subsection [
544 (i) the property is liable to perish, waste, or be significantly reduced in value[
545
546 (ii) the expenses of maintaining the property are disproportionate to [
547 value.
548 (b) A third party designated by the court shall:
549 (i) dispose of the property by a commercially reasonable public sale; and
550 (ii) distribute the proceeds in the following order of priority:
551 [
552 sale;
553 [
554
555 holder's priority as determined by Title 70A, Uniform Commercial Code; and
556 [
557 constructive custody of the court, in an interest-bearing account, subject to further proceedings
558 under this chapter.
559 Section 10. Section 24-3-101 is amended to read:
560
561 24-3-101. Title.
562 This chapter is known as [
563 Section 11. Section 24-3-101.5 is enacted to read:
564 24-3-101.5. Application of this chapter.
565 The provisions of this chapter do not apply to property for which an agency has filed a
566 notice of intent to seek forfeiture under Section 23-4-103.
567 Section 12. Section 24-3-103 is amended to read:
568 24-3-103. Disposition of property.
569 (1) [
570 needs to be [
571 (a) petition the court to apply [
572 fines, fees, or monetary judgments owed by the owner of the property;
573 (b) petition the court for an order transferring ownership of any weapons to the
574 [
575
576 (i) is the [
577 was seized; or
578 (ii) may not lawfully possess the weapon; or
579 (c) notify the agency [
580
581 (i) the property may be returned to the rightful owner, if the rightful owner may
582 lawfully possess [
583 (ii) the contraband may be disposed of or destroyed[
584 (2) The agency shall exercise due diligence in attempting to notify the rightful owner of
585 the property to advise the owner that the property is to be returned.
586 (3) (a) For a computer determined to be contraband, a court may order the reasonable
587 extraction and return of specifically described personal digital data to the rightful owner.
588 (b) The law enforcement agency shall determine a reasonable cost to [
589 the data[
590 (c) At the time of the request to extract the data, the owner of the computer shall pay
591 the agency the cost to extract the data.
592 (4) (a) Before [
593 ownership of the property, the person shall establish in accordance with Subsection (4)(b) that
594 the person:
595 (i) is the rightful owner; and
596 (ii) may lawfully possess the property.
597 (b) The person shall establish ownership under Subsection (4)(a) by providing to the
598 agency:
599 (i) identifying proof or documentation of ownership of the property; or
600 (ii) a notarized statement[
601 (5) (a) When seized property is returned to the owner, the owner shall sign a receipt
602 listing in detail the property that is returned [
603 [
604
605 (b) The agency shall:
606 (i) retain a copy of the receipt; and
607 (ii) provide a copy of the receipt to the owner.
608 (6) (a) Except as provided in Subsection (6)(b), if the agency is unable to locate the
609 rightful owner of the property or [
610 property, the agency may:
611 (i) apply the property to a public interest use;
612 (ii) sell the property at public auction and apply the proceeds of the sale to a public
613 interest use; or
614 (iii) destroy the property if the property is unfit for a public interest use or for sale.
615 (b) If the property described in Subsection (6)(a) is a firearm, the agency shall dispose
616 of the firearm in accordance with Section 24-3-103.5.
617 (7) Before applying the property or the proceeds from the sale of the property to a
618 public interest use, the agency shall obtain from the legislative body of [
619 jurisdiction:
620 (a) permission to apply the property or the proceeds to public interest use; and
621 (b) the designation and approval of the public interest use of the property or the
622 proceeds.
623 (8) If a peace office seizes property that at the time of seizure is held by a pawn or
624 secondhand business in the course of the pawn or secondhand business's business, the
625 provisions of Section 13-32a-116 shall apply to the disposition of the property.
626 Section 13. Section 24-3-104 is amended to read:
627 24-3-104. Petition to return property.
628 (1) (a) A person claiming ownership of property [
629 retained as evidence may file a petition with the court for the return of the property.
630 [
631 (b) A claimant may file the petition in:
632 (i) the court in which criminal proceedings have commenced regarding the [
633 offense for which the property is [
634 (ii) the district court of the jurisdiction where [
635 if there are no pending criminal proceedings.
636 (c) [
637 on the prosecuting attorney and the agency [
638 property.
639 (2) (a) The court shall provide an opportunity for an expedited hearing.
640 (b) After the opportunity for an expedited hearing, the court may order that the property
641 [
642 [
643 [
644 directly or by proceeds of the sale of the property toward restitution, fines, or fees owed by the
645 rightful owner in an amount set by the court;
646 [
647 [
648 [
649 use; or
650 [
651 (3) Before the court can order property be returned to a [
652
653 that the [
654 (a) is the rightful owner; and
655 (b) may lawfully possess the property.
656 (4) If the court orders the property to be returned to the claimant, the agency [
657
658 expeditiously as possible.
659 Section 14. Section 24-4-101 is amended to read:
660
661 24-4-101. Title.
662 This chapter is known as [
663 Property."
664 Section 15. Section 24-4-102 is amended to read:
665 24-4-102. Property subject to forfeiture.
666 [
667
668
669 [
670 [
671
672 (1) Except as provided in Subsection (2), (3), or (4), an agency may seek to forfeit:
673 (a) seized property that was used to facilitate the commission of an offense that is a
674 violation of federal or state law; and
675 (b) seized proceeds.
676 (2) If [
677 Section 76-10-1204, 76-10-1205, 76-10-1206, or 76-10-1222, [
678
679 an agency may not forfeit the property if the forfeiture would constitute a prior restraint on the
680 exercise of an affected party's rights under the First Amendment to the Constitution of the
681 United States or Utah Constitution, Article I, Section 15, or would [
682 interfere with the exercise of [
683 Constitution of the United States or Utah Constitution, Article I, Section 15.
684 (3) [
685 41-6a-502, 41-6a-517, a local ordinance that complies with the requirements of Subsection
686 41-6a-510(1), Subsection 58-37-8(2)(g), or Section 76-5-207 [
687 agency may not seek forfeiture of the motor vehicle, unless:
688 (a) the operator of the vehicle has previously been convicted of [
689 offense committed after May 12, 2009, [
690 (i) a felony driving under the influence violation under Section 41-6a-502;
691 (ii) a felony violation under Subsection 58-37-8(2)(g); or
692 (iii) automobile homicide under Section 76-5-207; or
693 (b) the operator of the vehicle was driving on a denied, suspended, revoked, or
694 disqualified license[
695 (i) the denial, suspension, revocation, or disqualification under Subsection (3)(b)(ii)
696 was imposed because of a violation under:
697 (A) Section 41-6a-502;
698 (B) Section 41-6a-517;
699 (C) a local ordinance that complies with the requirements of Subsection 41-6a-510(1);
700 (D) Section 41-6a-520;
701 (E) Subsection 58-37-8(2)(g);
702 (F) Section 76-5-207; or
703 (G) a criminal prohibition [
704 plea bargain after having been originally charged with violating one or more of the sections or
705 ordinances described in Subsections (3)(b)(i)(A) through (F); or
706 (ii) the denial, suspension, revocation, or disqualification described in Subsections
707 (3)(b)(i)(A) through (G):
708 (A) is an extension imposed under Subsection 53-3-220(2) of a denial, suspension,
709 revocation, or disqualification; and
710 (B) the original denial, suspension, revocation, or disqualification was imposed
711 because of a violation described in Subsections (3)(b)(i)(A) through (G).
712 (4) If a peace officer seizes property incident to an arrest solely for possession of a
713 controlled substance, an agency may not seek to forfeit the property that was seized in
714 accordance with the arrest.
715 Section 16. Section 24-4-103 is amended to read:
716 24-4-103. Initiating forfeiture proceedings -- Notice of intent to seek forfeiture.
717 [
718
719
720 (1) (a) If an agency seeks to forfeit property seized under this title, the agency shall
721 serve a notice of intent to seek forfeiture to any known claimant within 30 days after the day on
722 which the property is seized.
723 (b) The notice of intent to seek forfeiture shall describe [
724 (i) the date of the seizure;
725 (ii) the property seized;
726 (iii) the claimant's rights and obligations under this chapter, including the availability
727 of hardship relief in appropriate circumstances; and
728 (iv) the statutory basis for the forfeiture, including the judicial proceedings by which
729 the property may be forfeited under this chapter.
730 [
731 (c) The agency shall serve the notice of intent to seek forfeiture by:
732 (i) certified mail, with a return receipt requested, to the claimant's known address; or
733 (ii) personal service.
734 (d) [
735 (1)(a), unless the agency demonstrates:
736 (i) good cause for the failure to give notice to the claimant; or
737 (ii) that the claimant had actual notice of the seizure.
738 [
739
740
741 (2) (a) (i) If an agency has served each claimant with a notice of intent to seek
742 forfeiture, the agency shall present a written request for forfeiture to the prosecuting attorney of
743 the municipality or county where the property is seized.
744 (ii) The agency shall provide the request under Subsection (2)(a)(i) no later than 45
745 days after the day on which the property is seized.
746 (b) The written request described in Subsection (2)(a) shall:
747 (i) describe the property [
748 (ii) include a copy of all reports, supporting documents, and other evidence that is
749 necessary for the prosecuting attorney to determine the legal sufficiency for filing a forfeiture
750 action.
751 (c) The prosecuting attorney shall:
752 (i) review the written request described in Subsection (2)(a)(i); and
753 (ii) within 75 days after the day on which the property is seized, decline or accept, in
754 writing, the agency's written request for the prosecuting attorney to initiate a proceeding to
755 forfeit the property.
756 (3) (a) As used in this Subsection (3), "prosecuting attorney" means a district attorney,
757 a deputy district attorney, a county attorney, or an assistant county attorney.
758 (b) If a prosecuting attorney from a county of the third, fourth, fifth, or sixth class
759 requests the attorney general's office to review a written request under Subsection (2)(a), the
760 attorney general's office may review the written request.
761 (c) If an agency presents a written request under Subsection (2)(b) for a seizure of
762 $10,000 or more and the request is declined by a prosecuting attorney, the attorney general's
763 office may review the request de novo within the time periods established in this section and
764 Section 24-4-103.5.
765 Section 17. Section 24-4-103.5 is enacted to read:
766 24-4-103.5. Mandatory return of seized property.
767 (1) An agency shall promptly return property seized under this title, and the
768 prosecuting attorney may take no further action to forfeit the property, unless, within 75 days
769 after the day on which the property is seized:
770 (a) the prosecuting attorney:
771 (i) files a criminal indictment or information under Subsection 24-4-105(3);
772 (ii) files a petition to transfer the property to another agency under Section 24-2-106;
773 (iii) files a civil forfeiture complaint under Section 24-4-104; or
774 (b) the prosecuting attorney or a federal prosecutor obtains a restraining order under
775 Subsection 24-4-105(4).
776 (2) (a) The prosecuting attorney may file a petition to extend the deadline under
777 Subsection (1) by 21 days.
778 (b) If a prosecuting attorney files a petition under Subsection (2)(a), and the
779 prosecuting attorney provides good cause for extending the deadline, a court shall grant the
780 petition.
781 Section 18. Section 24-4-104 is amended to read:
782 24-4-104. Civil forfeiture procedure.
783 [
784
785
786 [
787 [
788 [
789 [
790 (1) (a) A prosecuting attorney may commence a civil action to forfeit seized property
791 by filing a complaint.
792 (b) [
793 describe with reasonable particularity:
794 (i) the property that [
795 forfeit;
796 (ii) the date and place of seizure; and
797 (iii) the factual allegations that constitute a basis for forfeiture.
798 (2) (a) After a complaint is filed, the prosecuting attorney shall serve a copy of the
799 complaint and summons upon each claimant known to the prosecuting attorney within 30 days
800 after the day on which the complaint is filed.
801 (b) The prosecuting attorney is not required to serve a copy of the complaint or the
802 summons upon [
803 in the seized property.
804 (c) Service of the complaint and summons shall be by:
805 (i) personal service;
806 (ii) certified mail, with a return receipt requested, to the claimant's known address; or
807 (iii) service by publication, if the prosecuting attorney demonstrates to the court that
808 service cannot reasonably be made by personal service or certified mail.
809 (d) Service by publication shall be by publication of two notices, in two successive
810 weeks, of the forfeiture proceeding:
811 (i) in a newspaper of general circulation in the county in which the seizure occurred;
812 and
813 (ii) on Utah's Public Legal Notice Website established in Subsection 45-1-101(2)(b).
814 (e) Service is effective upon the earlier of:
815 (i) personal service;
816 [
817 (ii) certified mail; or
818 (iii) publication in accordance with Subsection (2)(d).
819 (f) [
820 court may extend the period to complete service under this section for an additional 60 days[
821 if the prosecuting attorney:
822 (i) moves the court to extend the period to complete service; and
823 (ii) has shown good cause for extending service.
824 (3) (a) [
825 as described in Subsection (1), a claimant may file an answer to the complaint.
826 [
827
828 (b) If a claimant files an answer in accordance with Subsection (3)(a), the claimant
829 shall file the answer within 30 days after the day on which the complaint is served upon the
830 claimant.
831 (c) [
832 under Section 24-4-103 and the property is valued at less than $10,000, the agency [
833
834 (i) (A) the prosecuting attorney has filed a forfeiture complaint, and the claimant has
835 filed an answer [
836 and
837 (B) the prosecuting attorney has not filed an information or indictment for [
838
839 after the [
840 which the prosecuting attorney served the claimant with the complaint, or the prosecuting
841 attorney has not timely moved a court [
842 cause for [
843 indictment; or
844 (ii) the information or indictment for [
845 offense for which the property was seized was dismissed and the prosecuting attorney has not
846 refiled the information or indictment within seven days [
847 which the information or indictment was dismissed.
848 (d) [
849 property to the claimant under Subsection (3)(c) [
850
851 (e) (i) The time limitations in Subsection (3)(c)(i) may be extended for up to 15 days if
852 a claimant timely seeks to recover possession of seized property [
853 with Subsection 24-4-107[
854 (ii) If the time limitations are extended under Subsection (3)(c)(i), the time limitations
855 in Subsection (3)(c)(i) shall resume immediately upon the [
856 attorney's timely denial of [
857 (4) Except as otherwise provided in this chapter, [
858 action for a forfeiture proceeding is governed by the Utah Rules of Civil Procedure.
859 (5) The court shall:
860 (a) take all reasonable steps to expedite [
861 forfeiture proceeding; and
862 (b) give [
863
864 [
865
866
867 [
868 posting bond with respect to the property [
869 [
870 agency's request to forfeit property if the prosecuting attorney establishes, by clear and
871 convincing evidence, that:
872 (a) the claimant [
873 [
874
875 (i) committed the offense subjecting the property to forfeiture under Subsection
876 24-4-102(1);
877 (ii) knew of the offense subjecting the property to forfeiture under Subsection
878 24-4-102(1) and allowed the property to be used in furtherance of the offense; or
879 (iii) acquired the property at the time of the offense subjecting the property to forfeiture
880 under Subsection 24-4-102(1), or within a reasonable time after the offense occurred; or
881 [
882 than [
883 property to forfeiture under Subsection 24-4-102(1).
884 [
885
886
887 [
888
889
890 (8) If a court finds that the property is the proceeds of an offense that subjects the
891 proceeds to forfeiture under Subsection 24-4-102(1), the prosecuting attorney does not need to
892 prove that the property was the proceeds of a particular exchange or transaction.
893 (9) If a court has ordered property to be forfeited under this section, and a claimant is
894 acquitted of a charge for the offense subjecting the property to forfeiture:
895 (a) the property [
896 the property has been disposed of under Subsection [
897 returned to the claimant; and
898 (b) any payments required under this chapter regarding the costs of holding the
899 property shall be paid to the claimant.
900 (10) If the prosecuting attorney seeks to discontinue a forfeiture proceeding under this
901 section and transfer the action to another state or federal agency that has initiated a forfeiture
902 proceeding involving the same property, the prosecuting attorney shall seek a transfer of the
903 property in accordance with Section 24-2-106.
904 (11) A civil forfeiture action under this section may be converted to a criminal
905 forfeiture action at any time after a prosecuting attorney files a criminal complaint, information,
906 or indictment for the offense subjecting the property to forfeiture under Subsection
907 24-4-102(1).
908 Section 19. Section 24-4-105 is amended to read:
909 24-4-105. Criminal forfeiture procedure.
910 (1) As used in this section, "defendant" means a claimant who is criminally prosecuted
911 for the offense subjecting the property to forfeiture under Subsection 24-4-102(1).
912 [
913
914 interest in [
915 [
916 defendant's interest in [
917
918
919 the grounds for which the agency seeks to forfeit the property.
920 [
921
922
923
924
925 (4) (a) (i) A court may enter a restraining order or injunction or take any other
926 reasonable action to preserve property being forfeited under this section.
927 (ii) Before a court's decision under Subsection (4)(a)(i), a known claimant, who can be
928 identified after due diligence, shall be:
929 (A) provided notice; and
930 (B) given an opportunity for a hearing.
931 (iii) A court shall grant an order under Subsection (4)(a)(i) if:
932 [
933 forfeiture and that failure to enter the order will result in the property being sold, transferred,
934 destroyed, or removed from the jurisdiction of the court or otherwise made unavailable for
935 forfeiture; and
936 [
937 property's sale, transfer, destruction, or removal through the entry of the requested order
938 outweighs the hardship against [
939 entered.
940 (b) A [
941 restraining order ex parte upon application of the prosecuting attorney or a federal prosecutor
942 before or after an information or indictment has been filed, with respect to the property, if the
943 prosecuting attorney or federal prosecutor demonstrates that:
944 (i) there is probable cause to believe that the property with respect to which the order is
945 sought would, in the event of a conviction, be [
946 section; and
947 (ii) [
948 availability of the property for forfeiture or would jeopardize an ongoing criminal investigation.
949 (c) The temporary order expires not more than 10 days after entry unless extended for
950 good cause shown or unless the [
951 entered consents to an extension.
952 (d) After service of the temporary order upon [
953 prosecuting attorney[
954 or federal prosecutor, the court shall hold a hearing on the order as soon as practicable and
955 [
956 (e) The court is not bound by the Utah Rules of Evidence regarding evidence [
957 court may receive and consider at [
958 [
959
960
961 [
962
963 (5) Upon conviction of a defendant for the offense subjecting the property to forfeiture,
964 a court or jury shall find property forfeited to the agency if the prosecuting attorney establishes,
965 beyond a reasonable doubt, that:
966 (a) the defendant:
967 (i) committed the offense subjecting the property to forfeiture under Subsection
968 24-4-102(1);
969 (ii) knew of the offense subjecting the property to forfeiture under Subsection
970 24-4-102(1) and allowed the property to be used in furtherance of the offense; or
971 (iii) acquired the property at the time of the offense subjecting the property to forfeiture
972 under Subsection 24-4-102(1), or within a reasonable time after the offense occurred; or
973 (b) there is no likely source for the purchase or acquisition of the property other than
974 the commission of the offense subjecting the property to forfeiture under Subsection
975 24-4-102(1).
976 [
977
978 to forfeiture and a finding by [
979
980 [
981 (b) Following the entry of an order declaring the property forfeited under Subsection
982 (6)(a), and upon application by the prosecuting attorney, the court may[
983
984 (i) enter [
985 injunction;
986 (ii) require the execution of satisfactory performance bonds[
987 (iii) appoint [
988 conservator, appraiser, accountant, or trustee; or
989 (iv) take any other action to protect the [
990 property ordered forfeited.
991 [
992 agency shall direct the disposition of the property under Section 24-4-115.
993 [
994
995 (ii) If property under Subsection (7)(a)(i) is not transferrable for value to the agency, or
996 the agency is not able to exercise an ownership interest in the property, the property may not
997 revert to the defendant.
998 (iii) [
999 on behalf of the defendant, is not eligible to purchase forfeited property at any sale held by the
1000 [
1001 (b) [
1002 conclusion of any appeal of [
1003 subjecting the property to forfeiture if the [
1004 with the sale or disposition of the property may result in irreparable injury, harm, or loss.
1005 [
1006 claimant claiming an interest in property [
1007 section:
1008 (a) may not intervene in a trial or appeal of a criminal case involving the forfeiture of
1009 the property [
1010 (b) may not commence an action at law or equity concerning the validity of the
1011 [
1012 an information alleging that the property is [
1013 section.
1014 [
1015 orders under this section without regard to the location of any property that [
1016
1017
1018 [
1019 forfeited under this section, and to facilitate the disposition of [
1020 remission or mitigation of forfeiture after the entry of an order declaring property forfeited to
1021 the [
1022 (a) the testimony of any witness relating to the forfeited property be taken by
1023 deposition[
1024 (b) any book, paper, document, record, recording, or other material [
1025 produced [
1026 of Civil Procedure.
1027 [
1028 court orders property forfeited under this section, the prosecuting attorney shall publish notice
1029 of the [
1030 (ii) Service by publication shall be by publication of two notices, in two successive
1031 weeks, of the forfeiture proceeding:
1032 (A) in a newspaper of general circulation in the county in which the seizure of the
1033 property occurred; and
1034 (B) on Utah's Public Legal Notice Website established in Subsection 45-1-101(2)(b).
1035 [
1036 other than the defendant, known to the prosecuting attorney to have an interest in the property,
1037 at the claimant's known address.
1038 (b) (i) (A) [
1039
1040
1041
1042 the claimant's alleged interest in [
1043 [
1044
1045 (B) A claimant shall file a petition within 30 days after the earlier of the day on which
1046 a notice is published, or the day on which the claimant receives written notice under Subsection
1047 (11)(a).
1048 (ii) Any party may request a jury to decide any genuine issue of material fact, including
1049 an issue of standing.
1050 (c) The petition under Subsection (11)(b) shall:
1051 (i) be in writing and signed by the claimant under penalty of perjury;
1052 (ii) set forth the nature and extent of the claimant's right, title, or interest in the
1053 property, the time and circumstances of the claimant's acquisition of the right, title, or interest
1054 in the property; and
1055 (iii) set forth any additional facts supporting the claimant's claim and the relief sought.
1056 [
1057 (d) (i) The court shall expedite the trial or hearing under this Subsection (11) to the
1058 extent practicable.
1059 (ii) The court may consolidate a trial or hearing on the petition under Subsection
1060 (11)(b) and any other petition filed by [
1061 section.
1062 (iii) [
1063 pretrial discovery [
1064 (e) (i) (A) At the trial or hearing, the claimant may testify and present evidence and
1065 witnesses on the claimant's own behalf and cross-examine witnesses who appear at the hearing.
1066 (B) The prosecuting attorney may present evidence and witnesses in rebuttal and in
1067 defense of the claim to the property and cross-examine witnesses who appear.
1068 (ii) In addition to testimony and evidence presented at the trial or hearing, the court
1069 may consider the relevant portion of the record of the criminal case that resulted in the order of
1070 forfeiture.
1071 (iii) [
1072 Utah Rules of Evidence.
1073 (f) The court shall amend the order of forfeiture in accordance with [
1074 determination, if after the trial or hearing, the court or jury determines that the [
1075 claimant has established, by a preponderance of the evidence, that:
1076 (i) (A) the claimant has a legal right, title, or interest in the property[
1077 (B) the claimant's right, title, or interest renders the order of forfeiture invalid in whole
1078 or in part because the right, title, or interest was vested in the claimant rather than the
1079 defendant, or was superior to any right, title, or interest of the defendant at the time [
1080
1081
1082 24-4-102(1); or
1083 (ii) the claimant acquired the right, title, or interest in the property in a bona fide
1084 transaction for value, and, at the time of acquisition, the claimant did not know that the
1085 property [
1086 [
1087
1088
1089
1090 (g) An agency has clear title to the property and may transfer title to a purchaser or
1091 transferee if:
1092 (i) the court issued a disposition on all petitions under this Subsection (11) denying any
1093 claimant's right, title, or interest to the property; or
1094 (ii) a petition was not filed under the timelines provided in Subsection (11)(b).
1095 (12) If the prosecuting attorney seeks to discontinue a forfeiture proceeding under this
1096 section and transfer the action to another state or federal agency that has initiated a forfeiture
1097 proceeding involving the same property, the prosecuting attorney shall seek a transfer of the
1098 property in accordance with Section 24-2-106.
1099 Section 20. Section 24-4-107 is amended to read:
1100 24-4-107. Innocent owners.
1101 (1) An innocent owner's interest in property may not be forfeited.
1102 (2) In a forfeiture proceeding under this chapter, the prosecuting attorney has the
1103 burden of establishing evidence that a claimant:
1104 (a) [
1105 (4), committed the offense subjecting the property to forfeiture under Subsection 24-4-102(1);
1106 (b) knew of the [
1107 forfeiture under Subsection 24-4-102(1), and allowed the property to be used in [
1108
1109 (c) acquired the property with notice of [
1110 seizure for forfeiture under this chapter;
1111 (d) acquired the property knowing the property [
1112 forfeited under this chapter; or
1113 (e) acquired the property in an effort to conceal, prevent, hinder, or delay [
1114 property's lawful seizure or forfeiture under any provision of state law.
1115 (3) (a) A claimant under this chapter is not required to take steps to prevent illegal use
1116 or criminal activity regarding the property that the claimant reasonably believes would be likely
1117 to result in physical harm or danger to [
1118 (b) A claimant may demonstrate that the claimant took reasonable action to prohibit
1119 the [
1120 violation of state or federal law by:
1121 (i) making a timely notification to a law enforcement agency of information that led the
1122 claimant to know [
1123 offense would occur, was occurring, or has occurred;
1124 (ii) timely revoking or attempting to revoke permission to use the property [
1125
1126 of state or federal law; or
1127 (iii) taking reasonable actions to discourage or prevent the [
1128 use of the property in the commission of an offense that is a violation of state or federal law.
1129 (4) If the state relies on Subsection (2)(a) to establish that a claimant is not an innocent
1130 owner, and if the claimant is criminally charged with the [
1131 the offense subjecting the property to forfeiture under Subsection 24-4-102(1) and is acquitted
1132 of that charge on the merits:
1133 (a) the property [
1134 market value of the property[
1135 [
1136 (b) any payments required under this chapter regarding holding the property shall be
1137 paid to the claimant.
1138 [
1139 [
1140
1141 [
1142 [
1143
1144 [
1145
1146 [
1147
1148 (5) A court shall presume that property may be forfeited under this chapter if the
1149 prosecuting attorney establishes that:
1150 (a) the claimant:
1151 (i) committed the offense subjecting the property to forfeiture under Subsection
1152 24-4-102(1);
1153 (ii) knew of the offense subjecting the property to forfeiture under Subsection
1154 24-4-102(1) and allowed the property to be used in furtherance of the offense; or
1155 (iii) acquired the property at the time of the offense subjecting the property to forfeiture
1156 under Subsection 24-4-102(1), or within a reasonable time after the offense occurred; or
1157 (b) there is no likely source for the purchase or acquisition of the property other than
1158 the commission of the offense subjecting the property to forfeiture under Subsection
1159 24-4-102(1).
1160 (6) If a court finds that the property is the proceeds of an offense that subjects the
1161 proceeds to forfeiture under Subsection 24-4-102(1), the prosecuting attorney does not need to
1162 prove that the property was the proceeds of a particular exchange or transaction.
1163 [
1164
1165 (i) contacting the [
1166 commencement of a civil asset forfeiture proceeding, or within 30 days of the seizure,
1167 whichever is longer[
1168 (ii) providing to the [
1169 [
1170 [
1171 relinquished possession of the seized property.
1172 (b) (i) [
1173 a claimant utilizing the procedure in Subsection [
1174 that claim within 30 days [
1175 prosecuting attorney receives the claim.
1176 (ii) The response under Subsection (7)(b) shall indicate whether the claim has been
1177 granted, denied on the merits, or denied for failure to provide the information required by
1178 statute [
1179 [
1180 statute, the claimant has 15 days [
1181 denied to submit additional information before the prosecuting attorney may commence a civil
1182 action seeking to forfeit the property[
1183 [
1184 response within 30 days after the day on which the agency or prosecuting attorney receives the
1185 response, the property shall be returned.
1186 [
1187
1188
1189 [
1190
1191
1192
1193
1194
1195
1196 (c) If a claim under Subsection (7)(b) was granted, or the agency or prosecuting
1197 attorney fails to respond within 30 days, a claimant may not receive any expenses, costs, or
1198 attorney fees for the returned property.
1199 (d) A claimant may collect reasonable attorney fees and court costs if:
1200 (i) a claimant filed a claim under Subsection (7)(a);
1201 (ii) an agency or prosecuting attorney denied the claim on the merits; and
1202 (iii) a court determines that the claimant is an innocent owner under this section in a
1203 civil forfeiture action.
1204 (e) If a court grants reasonable attorney fees and court costs, the amount of the attorney
1205 fees begins to accrue from the day on which the agency or prosecuting attorney denied the
1206 claim.
1207 (f) If the court grants reasonable attorney fees and court costs under this Subsection (7),
1208 the attorney fees and costs are not subject to the 50% cap under Subsection 24-4-110(2).
1209 [
1210 claim submitted under this Subsection (7) and any evidence provided to the parties in
1211 connection with [
1212 Utah Rules of Evidence, Rules 408 and 410.
1213 Section 21. Section 24-4-109 is amended to read:
1214 24-4-109. Postjudgment interest.
1215 In [
1216 chapter, the court shall award postjudgment interest to a prevailing party [
1217
1218 15-1-4.
1219 Section 22. Section 24-4-110 is amended to read:
1220 24-4-110. Attorney fees and costs.
1221 (1) In [
1222
1223 claimant.
1224 [
1225 [
1226 (2) [
1227 court awards legal costs and attorney fees to a prevailing claimant under Subsection (1), the
1228 award may not exceed 50% of the value of the seized property.
1229 (3) A claimant who prevails only in part is entitled to recover reasonable legal costs
1230 and attorney fees only on [
1231
1232 Section 23. Section 24-4-111 is amended to read:
1233 24-4-111. Compensation for damaged property.
1234 (1) As used in this section, "damage or other injury" does not mean normal
1235 depreciation, deterioration, or ordinary wear and tear of the property.
1236 [
1237 under this chapter, a claimant has a civil right of action against [
1238 claim based upon the negligent destruction, loss, or damage[
1239 while in the possession or custody of the agency.
1240 [
1241
1242 Section 24. Section 24-4-112 is amended to read:
1243 24-4-112. Limitation on fees for holding seized property.
1244 In any civil or criminal proceeding under this chapter in which a judgment is entered in
1245 favor of a claimant, or where a forfeiture proceeding against a claimant is voluntarily dismissed
1246 by the prosecuting attorney, [
1247 cost for holding seized property.
1248 Section 25. Section 24-4-113 is amended to read:
1249 24-4-113. Proportionality.
1250 (1) (a) A claimant's interest in property that is used to facilitate [
1251
1252 state law if the forfeiture is substantially disproportionate to the use of the property in
1253 committing or facilitating [
1254 property.
1255 (b) [
1256 incidental and not instrumental to the commission or facilitation of [
1257 offense, a forfeiture of the property is not proportional.
1258 (2) (a) In determining proportionality, the court shall consider:
1259 (i) the [
1260 forfeiture under Subsection 24-4-102(1);
1261 (ii) what portion of the forfeiture, if any, is remedial in nature;
1262 (iii) the gravity of the conduct for which the claimant is responsible in light of the
1263 offense; and
1264 (iv) the value of the property.
1265 (b) If the court finds that the forfeiture is substantially disproportional to [
1266 an offense for which the claimant is responsible, [
1267 forfeiture[
1268 (3) [
1269 [
1270 the property to forfeiture under Subsection 24-4-102(1).
1271 (4) In all cases, the court shall decide questions of proportionality.
1272 (5) [
1273 offense that is a violation of federal or state law is proportional.
1274 Section 26. Section 24-4-115 is amended to read:
1275 24-4-115. Disposition and allocation of forfeiture property.
1276 (1) [
1277 finds that property is forfeited under this chapter, the court shall order the property forfeited to
1278 the [
1279 (2) (a) If the property is not currency, the [
1280 otherwise commercially reasonable sale of that property [
1281 law to be destroyed and [
1282 (b) If the property forfeited is an alcoholic product as defined in Section 32B-1-102,
1283 [
1284 (i) an alcoholic product shall be sold if the alcoholic product is:
1285 (A) unadulterated, pure, and free from any crude, unrectified, or impure form of ethylic
1286 alcohol, or any other deleterious substance or liquid; and
1287 (B) otherwise in saleable condition; or
1288 (ii) an alcoholic product and [
1289 the alcoholic product is impure, adulterated, or otherwise unfit for sale.
1290 (c) If the property forfeited is a cigarette or other tobacco product as defined in Section
1291 59-14-102, [
1292
1293 trademark rights in the cigarette or tobacco product brand [
1294 cigarette before the destruction of the cigarette or tobacco product.
1295 (d) The proceeds of the sale of forfeited property shall remain segregated from other
1296 property, equipment, or assets of the [
1297 accordance with this chapter.
1298 (3) [
1299 revenue from the sale of the property in accordance with this chapter, the [
1300 shall:
1301 (a) deduct the [
1302 24-4-118, and [
1303 forfeiture proceeding; and
1304 (b) if the prosecuting agency that employed the prosecuting attorney has met the
1305 requirements of Subsection 24-4-119(3), pay the [
1306 costs associated with the litigation of the forfeiture proceeding, and up to 20% of the value of
1307 the forfeited property in attorney fees.
1308 (4) If the forfeiture arises from [
1309 agency shall deposit any remaining currency and the proceeds or revenue from the sale of the
1310 property [
1311 (5) The agency shall transfer any remaining currency, [
1312 from the sale of the property [
1313 the account.
1314 Section 27. Section 24-4-116 is amended to read:
1315 24-4-116. Criminal Forfeiture Restricted Account.
1316 (1) There is created within the General Fund a restricted account known as the
1317 "Criminal Forfeiture Restricted Account."
1318 (2) [
1319 any proceeds from forfeited property and forfeited money through [
1320
1321 (3) Money in the account shall be appropriated to the commission for implementing the
1322 program under Section 24-4-117.
1323 Section 28. Section 24-4-117 is amended to read:
1324 24-4-117. State Asset Forfeiture Grant Program.
1325 (1) There is created the State Asset Forfeiture Grant Program.
1326 (2) The program shall fund crime prevention, crime victim reparations, and law
1327 enforcement activities that have the purpose of:
1328 (a) deterring crime by depriving criminals of the profits and proceeds of their illegal
1329 activities;
1330 (b) weakening criminal enterprises by removing the instrumentalities of crime;
1331 (c) reducing crimes involving substance abuse by supporting the creation,
1332 administration, or operation of drug court programs throughout the state;
1333 (d) encouraging cooperation between [
1334
1335 (e) allowing the costs and expenses of law enforcement to be defrayed by the forfeited
1336 proceeds of crime;
1337 (f) increasing the equitability and accountability of the use of forfeited property used to
1338 assist [
1339 (g) providing aid to victims of criminally injurious conduct, as defined in Section
1340 63M-7-502, who may be eligible for assistance under Title 63M, Chapter 7, Part 5, Utah Office
1341 for Victims of Crime.
1342 (3) (a) [
1343
1344 allocate and administer grants to [
1345
1346 subdivision of the state in compliance with this section and Subsection 24-4-119(2) and to
1347 further the program purposes under Subsection (2).
1348 (b) The commission may retain up to 3% of the annual appropriation from the account
1349 to pay for administrative costs incurred by the commission, including salary and benefits,
1350 equipment, supplies, or travel costs that are directly related to the administration of the
1351 program.
1352 (4) [
1353 for an award from the program by completing and submitting forms specified by the
1354 commission.
1355 (5) In granting the awards, the commission shall ensure that the amount of each award
1356 takes into consideration the:
1357 (a) demonstrated needs of the agency or political subdivision;
1358 (b) demonstrated ability of the agency or political subdivision to appropriately use the
1359 award;
1360 (c) degree to which the agency's or political subdivision's need is offset through the
1361 agency's or political subdivision's participation in federal equitable sharing or through other
1362 federal and state grant programs; and
1363 (d) agency's or political subdivision's cooperation with other state and local agencies
1364 and task forces.
1365 (6) The commission may award a grant to any agency or political subdivision engaged
1366 in activities associated with Subsection (2) even if the agency has not contributed to the fund.
1367 [
1368 subdivision shall demonstrate compliance with all reporting and policy requirements applicable
1369 under this chapter and under Title 63M, Chapter 7, Criminal Justice and Substance Abuse, in
1370 order to qualify as a potential award recipient.
1371 [
1372 award money after approval by the agency's legislative body.
1373 (b) The award money is nonlapsing.
1374 [
1375
1376 (a) only for law enforcement purposes [
1377 reparations as described in Subsection (2)(g)[
1378 (b) for the purposes [
1379 agency's or political subdivision's application for the award.
1380 [
1381 purpose for which award money may be used [
1382 (a) controlled substance interdiction and enforcement activities;
1383 (b) drug court programs;
1384 (c) activities calculated to enhance future law enforcement investigations;
1385 (d) law enforcement training that includes:
1386 (i) implementation of the Fourth Amendment to the United States Constitution and
1387 Utah Constitution, Article I, Section 7, and that addresses the protection of the individual's
1388 right of due process;
1389 (ii) protection of the rights of innocent property holders; and
1390 (iii) the Tenth Amendment to the United States Constitution regarding states'
1391 sovereignty and the states' reserved rights;
1392 (e) law enforcement or detention facilities;
1393 (f) law enforcement operations or equipment that are not routine costs or operational
1394 expenses;
1395 (g) drug, gang, or crime prevention education programs that are sponsored in whole or
1396 in part by the law enforcement agency or its legislative body;
1397 (h) matching funds for other state or federal law enforcement grants; and
1398 (i) the payment of legal costs, attorney fees, and postjudgment interest in forfeiture
1399 actions.
1400 [
1401 money may not be granted or used [
1402 (a) payment of salaries, retirement benefits, or bonuses to any [
1403 (b) payment of expenses not related to law enforcement;
1404 (c) uses not specified in the agency's award application;
1405 (d) uses not approved by the agency's legislative body;
1406 (e) payments, transfers, or pass-through funding to [
1407
1408 (f) uses, payments, or expenses that are not within the scope of the agency's functions.
1409 Section 29. Section 24-4-118 is amended to read:
1410 24-4-118. Forfeiture reporting requirements.
1411 (1) [
1412
1413 (5)[
1414 (a) [
1415 any civil or criminal forfeiture matter to the [
1416 commission as required under Subsection 24-4-115(5); or
1417 (b) [
1418 forfeited by the federal government.
1419 (2) The [
1420 standardized report format that each agency shall use in reporting the data required under this
1421 section.
1422 (3) The [
1423 or before April 30, prepare a summary report of the case data submitted by each agency under
1424 Subsection (1) during the prior calendar year.
1425 (4) (a) If an agency does not comply with the reporting requirements under this section,
1426 the [
1427 request that the agency comply with the required reporting provisions.
1428 (b) If an agency fails to comply with the reporting requirements under this section
1429 within 30 days after receiving the request to comply, the [
1430
1431 speaker of the House of Representatives, and the president of the Senate.
1432 (5) The data for any civil or criminal forfeiture matter for which final disposition has
1433 been made under Subsection (1) shall include:
1434 (a) the agency that conducted the seizure;
1435 (b) the case number or other identification;
1436 (c) the date or dates on which the seizure was conducted;
1437 (d) the number of individuals having a known property interest in each seizure of
1438 property;
1439 (e) the type of property seized;
1440 (f) the alleged offense that was the cause for seizure of the property;
1441 (g) whether any criminal charges were filed regarding the alleged offense, and if so, the
1442 final disposition of each charge, including the conviction, acquittal, or dismissal, or whether
1443 action on a charge is pending;
1444 (h) the type of enforcement action that resulted in the seizure, including an
1445 enforcement stop, a search warrant, or an arrest warrant;
1446 (i) whether the forfeiture procedure was civil or criminal;
1447 (j) the value of the property seized, including currency and the estimated market value
1448 of any tangible property;
1449 (k) the final disposition of the matter, including whether final disposition was entered
1450 by stipulation of the parties, including the amount of property returned to any claimant, by
1451 default, by summary judgment, by jury award, or by guilty plea or verdict in a criminal
1452 forfeiture;
1453 (l) if the property was forfeited by the federal government, the amount of forfeited
1454 money awarded to the agency;
1455 (m) the agency's direct costs, expense of reporting under this section, and expenses for
1456 obtaining and maintaining the seized property, as described in Subsection 24-4-115(3)(a);
1457 (n) the legal costs and attorney fees paid to the prosecuting attorney, as described in
1458 Subsection 24-4-115(3)(b); and
1459 (o) if the property was transferred to a federal agency or any governmental entity not
1460 created under and subject to state law:
1461 (i) the date of the transfer;
1462 (ii) the name of the federal agency or entity to which the property was transferred;
1463 (iii) a reference to which reason under Subsection [
1464 justified the transfer;
1465 (iv) the court or agency where the forfeiture case was heard;
1466 (v) the date of the order of transfer of the property; and
1467 (vi) the value of the property transferred to the federal agency, including currency and
1468 the estimated market value of any tangible property.
1469 (6) [
1470
1471 calendar year to the [
1472 states:
1473 (a) whether the agency received an award from the State Asset Forfeiture Grant
1474 Program under Section 24-4-117 and, if so, the following information for each award:
1475 (i) the amount of the award;
1476 (ii) the date of the award;
1477 (iii) how the award was used or is planned to be used; and
1478 (iv) a statement signed by both the agency's executive officer or designee and by the
1479 agency's legal counsel, that:
1480 (A) the agency has complied with all inventory, policy, and reporting requirements
1481 under Section 24-4-117; and
1482 (B) all awards were used for crime reduction or law enforcement purposes as specified
1483 in the application and that the awards were used only upon approval by the agency's legislative
1484 body; and
1485 (b) whether the agency received any property, money, or other things of value
1486 [
1487 24-2-106(6) and, if so, the following information for each piece of property, money, or other
1488 thing of value:
1489 (i) the case number or other case identification;
1490 (ii) the value of the award and the property, money, or other things of value received by
1491 the agency;
1492 (iii) the date of the award;
1493 (iv) the identity of any federal agency involved in the forfeiture;
1494 (v) how the awarded property has been used or is planned to be used; and
1495 (vi) a statement signed by both the agency's executive officer or designee and by the
1496 agency's legal counsel, that the agency has only used the award for crime reduction or law
1497 enforcement purposes authorized under Section 24-4-117, and that the award was used only
1498 upon approval by the agency's legislative body.
1499 (7) (a) On or before July 1 of each year, the [
1500
1501 (6), in electronic format, to:
1502 (i) the [
1503 (ii) the speaker of the House of Representatives, for referral to any House standing or
1504 interim committees with oversight over law enforcement and criminal justice;
1505 (iii) the president of the Senate, for referral to any Senate standing or interim
1506 committees with oversight over law enforcement and criminal justice; and
1507 (iv) each law enforcement agency.
1508 (b) The reports described in Subsection (3) and Subsection (6), as well as the
1509 individual case data described in Subsection (1) for the previous calendar year, shall be
1510 published on the Utah Open Government website at open.utah.gov on or before July 15 of each
1511 year.
1512 Section 30. Section 24-4-119 is enacted to read:
1513 24-4-119. Training requirements.
1514 (1) As used in this section:
1515 (a) "Council" means the Utah Prosecution Council created in Section 67-5a-1.
1516 (b) "Division" means the Peace Officers Standards and Training Division created in
1517 Section 53-6-103.
1518 (2) To participate in the program, an agency shall have at least one employee who is
1519 certified by the division as an asset forfeiture specialist through the completion of an online
1520 asset forfeiture course by the division.
1521 (3) The division shall:
1522 (a) develop an online asset forfeiture specialist course that is available to an agency for
1523 certification purposes;
1524 (b) certify an employee of an agency who meets the course requirements to be an asset
1525 forfeiture specialist;
1526 (c) recertify, every 36 months, an employee who is designated as an asset forfeiture
1527 specialist by an agency;
1528 (d) submit annually a report to the commission no later than April 30 that contains a
1529 list of the names of the employees and agencies participating in the certification courses;
1530 (e) review and update the asset forfeiture specialist course each year to comply with
1531 state and federal law; and
1532 (f) provide asset forfeiture training to all peace officers in basic training programs.
1533 (4) To be reimbursed for costs under Subsection 24-4-115(3)(b), a prosecuting agency
1534 shall have at least one employee who is certified by the council as an asset forfeiture specialist
1535 through the completion of an online asset forfeiture course.
1536 (5) The council shall:
1537 (a) develop an online asset forfeiture specialist course that is available to a prosecuting
1538 agency for certification purposes;
1539 (b) certify an employee of a prosecuting agency who meets the course requirements to
1540 be an asset forfeiture specialist;
1541 (c) submit annually a report to the commission no later than April 30 that contains a
1542 list of the names of the employees and prosecuting agencies participating in certification
1543 courses by the council; and
1544 (d) review and update the asset forfeiture specialist course each year to comply with
1545 state and federal law.
1546 Section 31. Section 53-13-110.5 is enacted to read:
1547 53-13-110.5. Retention of records of interviews of minors.
1548 If a peace officer, or the officer's employing agency, records an interview of a minor
1549 during an investigation of a violation of Section 76-5-402.1, 76-5-402.3, 76-5-403.1, or
1550 76-5-404.1, the agency shall retain a copy of the recording for 18 years after the day on which
1551 the last recording of the interview is made, unless the prosecuting attorney requests in writing
1552 that the recording be retained for an additional period of time.