1     
ASSET FORFEITURE AMENDMENTS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Todd D. Weiler

5     
House Sponsor: Karianne Lisonbee

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to asset forfeiture.
10     Highlighted Provisions:
11          This bill:
12          ▸     clarifies provisions related to the seizure and forfeiture of property and contraband;
13          ▸     addresses jurisdiction of a district court over seized property;
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          ▸     allows an agency or prosecuting attorney to release property to an innocent owner;
26          ▸     prohibits the forfeiture of property seized upon the sole offense of possession of a
27     controlled substance;
28          ▸     permits grants to any agency involved in forfeiture activities regardless of whether
29     the agency contributed to the State Asset Forfeiture Fund;
30          ▸     requires certification of asset forfeiture specialists by Peace Officers Standards and
31     Training or Utah Prosecution Council; and
32          ▸     makes technical and conforming changes.
33     Money Appropriated in this Bill:
34          None
35     Other Special Clauses:
36          None
37     Utah Code Sections Affected:
38     AMENDS:
39          24-1-102, as last amended by Laws of Utah 2017, Chapters 285 and 362
40          24-1-103, as enacted by Laws of Utah 2013, Chapter 394
41          24-2-102, as enacted by Laws of Utah 2013, Chapter 394
42          24-2-103, as last amended by Laws of Utah 2017, Chapter 362
43          24-3-101, as enacted by Laws of Utah 2013, Chapter 394
44          24-3-103, as last amended by Laws of Utah 2017, Chapters 285 and 334
45          24-3-104, as enacted by Laws of Utah 2013, Chapter 394
46          24-4-101, as enacted by Laws of Utah 2013, Chapter 394
47          24-4-102, as last amended by Laws of Utah 2017, Chapter 362
48          24-4-103, as enacted by Laws of Utah 2013, Chapter 394
49          24-4-104, as last amended by Laws of Utah 2017, Chapter 362
50          24-4-105, as last amended by Laws of Utah 2014, Chapter 112
51          24-4-109, as enacted by Laws of Utah 2013, Chapter 394
52          24-4-110, as last amended by Laws of Utah 2017, Chapter 362
53          24-4-111, as enacted by Laws of Utah 2013, Chapter 394
54          24-4-112, as enacted by Laws of Utah 2013, Chapter 394
55          24-4-113, as enacted by Laws of Utah 2013, Chapter 394
56          24-4-115, as last amended by Laws of Utah 2017, Chapter 303
57          24-4-116, as enacted by Laws of Utah 2013, Chapter 394
58          24-4-117, as last amended by Laws of Utah 2015, Chapter 134
59          24-4-118, as last amended by Laws of Utah 2017, Chapter 303
60     ENACTS:
61          24-2-102.5, Utah Code Annotated 1953
62          24-2-104, Utah Code Annotated 1953
63          24-2-107, Utah Code Annotated 1953
64          24-2-108, Utah Code Annotated 1953
65          24-3-101.5, Utah Code Annotated 1953
66          24-4-103.3, Utah Code Annotated 1953
67          24-4-103.5, Utah Code Annotated 1953
68          24-4-119, Utah Code Annotated 1953
69          53-13-110.5, Utah Code Annotated 1953
70     RENUMBERS AND AMENDS:
71          24-2-105, (Renumbered from 24-4-114, as last amended by Laws of Utah 2015,
72     Chapter 134)
73          24-2-106, (Renumbered from 24-3-102, as enacted by Laws of Utah 2013, Chapter 394)
74     REPEALS:
75          24-4-107, as last amended by Laws of Utah 2017, Chapter 362
76          24-4-108, as enacted by Laws of Utah 2013, Chapter 394
77     

78     Be it enacted by the Legislature of the state of Utah:
79          Section 1. Section 24-1-102 is amended to read:
80          24-1-102. Definitions.
81          As used in this title:
82          (1) "Account" means the Criminal Forfeiture Restricted Account created in Section
83     24-4-116.
84          (2) (a) "Acquitted" means a finding by a jury or a judge at trial that a claimant is not
85     guilty.
86          (b) "Acquitted" does not include:
87          (i) a verdict of guilty on a lesser or reduced charge;
88          (ii) a plea of guilty to a lesser or reduced charge; or
89          (iii) dismissal of a charge as a result of a negotiated plea agreement.
90          (3) (a) "Agency" means [any] an agency of [municipal, county, or state government,
91     including law enforcement agencies, law enforcement personnel, and multijurisdictional task
92     forces] this state or a political subdivision of this state.
93          (b) "Agency" includes a law enforcement agency or a multijurisdictional task force.
94          (4) "Claimant" means [any]:
95          (a) an owner of property as defined in this section;
96          (b) an interest holder as defined in this section; or
97          (c) [person] an individual or entity who asserts a claim to any property seized for
98     forfeiture under this title.
99          (5) "Commission" means the [Utah] State Commission on Criminal and Juvenile
100     Justice created in Section 63M-7-201.
101          (6) "Complaint" means a civil [in rem] or criminal complaint seeking the forfeiture of
102     any real or personal property under this title.
103          (7) (a) "Computer" means an electronic, magnetic, optical, electrochemical, or other
104     high-speed data processing device that performs logical, arithmetic, and storage functions[,
105     and].
106          (b) "Computer" includes any device that is used for the storage of digital or electronic
107     files, flash memory, software, or other electronic information.
108          [(b)] (c) "Computer" does not mean a computer server of an Internet or [an] electronic
109     service provider, or the service provider's employee, if used [for the purpose of compliance
110     with obligations pursuant to] to comply with the requirements under 18 U.S.C. Sec. 2258A.
111          (8) "Constructive seizure" means a seizure of property where the property is left in the
112     control of the owner and [the seizing] an agency posts the property with a notice of intent to
113     seek forfeiture.
114          (9) (a) "Contraband" means any property, item, or substance that is unlawful to
115     produce or to possess under state or federal law.
116          [(b) All controlled substances that are]
117          (b) "Contraband" includes:
118          (i) a controlled substance that is possessed, transferred, distributed, or offered for
119     distribution in violation of Title 58, Chapter 37, Utah Controlled Substances Act[, are
120     contraband.]; or
121          [(c) A computer is contraband if it:]
122          (ii) a computer that:
123          [(i)] (A) contains or houses child pornography, or is used to create, download, transfer,
124     upload to a storage account, or store any electronic or digital files containing child
125     pornography; or
126          [(ii)] (B) contains the personal identifying information of another [person] individual,
127     as defined in Subsection 76-6-1102(1), whether that [person] individual is alive or deceased,
128     and the personal identifying information has been used to create false or fraudulent
129     identification documents or financial transaction cards in violation of Title 76, Chapter 6, Part
130     5, Fraud.
131          (10) "Forfeit" means to divest a claimant of an ownership interest in property seized
132     under this title.
133          [(10)] (11) "Innocent owner" means a claimant who:
134          (a) held an ownership interest in property at the time [the conduct subjecting the
135     property to forfeiture occurred] of the commission of an offense subjecting the property to
136     forfeiture under this title, and:
137          (i) did not have actual knowledge of the [conduct] offense subjecting the property to
138     forfeiture; or
139          (ii) upon learning of the [conduct subjecting the property to forfeiture] commission of
140     the offense, took reasonable steps to prohibit the [illegal] use of the property in the commission
141     of the offense; or
142          (b) acquired an ownership interest in the property and had no knowledge that the
143     [illegal conduct subjecting the property to forfeiture] commission of the offense subjecting the
144     property to forfeiture under this title had occurred or that the property had been seized for
145     forfeiture, and:
146          (i) acquired the property in a bona fide transaction for value;
147          (ii) was [a person] an individual, including a minor child, who acquired an interest in
148     the property through probate or inheritance; or
149          (iii) was a spouse who acquired an interest in property through dissolution of marriage
150     or by operation of law.
151          [(11)] (12) (a) "Interest holder" means a secured party as defined in Section
152     70A-9a-102, a party with a right-of-offset, a mortgagee, lien creditor, or the beneficiary of a
153     security interest or encumbrance pertaining to an interest in property, whose interest would be
154     perfected against a good faith purchaser for value.
155          (b) "Interest holder" does not mean a person:
156          (i) who holds property for the benefit of or as an agent or nominee for another
157     person[,]; or
158          (ii) who is not in substantial compliance with any statute requiring an interest in
159     property to be recorded or reflected in public records in order to perfect the interest against a
160     good faith purchaser for value.
161          [(12)] (13) "Known address" means any address provided by a claimant to the peace
162     officer or agency at the time the property [was] is seized, or the claimant's most recent address
163     on record with a governmental entity if no address was provided at the time of the seizure.
164          [(13)] (14) "Legal costs" means the costs and expenses incurred by a party in a
165     forfeiture action.
166          [(14)] (15) "Legislative body" means:
167          (a) (i) the Legislature, county commission, county council, city commission, city
168     council, or town council that has fiscal oversight and budgetary approval authority over an
169     agency; or
170          (ii) the agency's governing political subdivision; or
171          (b) the lead governmental entity of a multijurisdictional task force, as designated in a
172     memorandum of understanding executed by the agencies participating in the task force.
173          [(15)] (16) "Multijurisdictional task force" means a law enforcement task force or other
174     agency comprised of [persons] individuals who are employed by or acting under the authority
175     of different governmental entities, including federal, state, county or municipal governments,
176     or any combination of [these] federal, state, county, or municipal agencies.
177          [(16)] (17) "Owner" means [any person] an individual or entity, other than an interest
178     holder, that possesses a bona fide legal or equitable interest in real or personal property.
179          (18) "Peace officer" means an employee:
180          (a) of an agency;
181          (b) whose duties consist primarily of the prevention and detection of violations of laws
182     of this state or a political subdivision of this state; and
183          (c) who is authorized by the agency to seize property under this title.
184          [(17)] (19) (a) "Proceeds" means:
185          (i) property of any kind that is obtained directly or indirectly as a result of the
186     commission of an offense [that gives rise to forfeiture]; or
187          (ii) any property acquired directly or indirectly from, produced through, realized
188     through, or caused by an act or omission regarding property under Subsection [(17)] (19)(a)(i).
189          (b) "Proceeds" includes any property of any kind without reduction for expenses
190     incurred in the acquisition, maintenance, or production of that property, or any other purpose
191     regarding property under Subsection [(17)] (19)(a)(i).
192          (c) "Proceeds" is not limited to the net gain or profit realized from the offense that
193     [gives rise to forfeiture] subjects the property to forfeiture.
194          [(18)] (20) "Program" means the State Asset Forfeiture Grant Program [established]
195     created in Section 24-4-117.
196          [(19)] (21) (a) "Property" means all property, whether real or personal, tangible or
197     intangible[, but].
198          (b) "Property" does not include contraband.
199          [(20)] (22) "Prosecuting attorney" means:
200          (a) the attorney general and [any] an assistant attorney general;
201          (b) [any] a district attorney or deputy district attorney;
202          (c) [any] a county attorney or assistant county attorney; and
203          (d) [any other] an attorney authorized to commence an action on behalf of the state
204     under this title.
205          [(21)] (23) "Public interest use" means a:
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          [(22)] (24) "Real property" means land [and includes], including any building, fixture,
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          [(1) A state district court has jurisdiction over any action filed in accordance with this
215     title regarding:]
216          [(a) all interests in property if the property is within this state at the time the action is
217     filed; and]
218          [(b) a claimant's interests in the property, if the claimant is subject to the personal
219     jurisdiction of the district court.]
220          [(2) (a)] (1) In addition to the venue provided for under Title 78B, Chapter 3, Part 3,
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          (a) the property is seized;
224          [(i)] (b) any part of the property is found; or
225          [(ii)] (c) a civil or criminal action could be maintained against a claimant for the
226     [conduct alleged to constitute grounds for forfeiture] offense subjecting the property to
227     forfeiture under this title .
228          [(b)] (2) A claimant may obtain a change of venue under Section 78B-3-309.
229          Section 3. Section 24-2-102 is amended to read:
230          24-2-102. Grounds for seizing property.
231          [(1) Property may be seized by a peace officer or any other person authorized by law
232     upon process issued by a court having jurisdiction over the property in accordance with the
233     Utah Rules of Criminal Procedure relating to search warrants or administrative warrants.]
234          (1) A peace officer may seize property and contraband upon a search warrant or
235     administrative warrant that is issued in accordance with the Utah Rules of Criminal Procedure.
236          (2) [Property may be seized] A peace officer may seize property and contraband under
237     this chapter when:
238          (a) the seizure is incident to an arrest;
239          (b) the property seized is the subject of a prior judgment in favor of the state in a
240     criminal injunction or forfeiture proceeding under this title; or
241          (c) the peace officer [or other person authorized by law] has probable cause to believe
242     that the property:
243          (i) is directly or indirectly dangerous to health or safety;
244          (ii) is evidence of [a crime] an offense;
245          (iii) has been used or was intended to be used to commit [a crime] an offense; or
246          (iv) is proceeds of [a crime] an offense.
247          Section 4. Section 24-2-102.5 is enacted to read:
248          24-2-102.5. Seizure of contraband.
249          If a peace officer seizes contraband, a person may not assert an ownership interest in the
250     contraband under this title.
251          Section 5. Section 24-2-103 is amended to read:
252          24-2-103. Property seized by a peace officer.
253          (1) To disclaim an ownership interest in property at the time of seizure, an individual's
254     disclaimer of the property shall be knowing and voluntary.
255          [(1) (a) When] (2) If property is seized [by a peace officer], the peace officer or the
256     peace officer's employing agency shall provide a receipt to the person from [whom] which the
257     property [was] is seized.
258          [(b)] (3) The receipt shall describe the:
259          [(i)] (a) property seized;
260          [(ii)] (b) date of seizure; and
261          [(iii)] (c) name and contact information of the peace officer's employing agency.
262          [(c)] (4) In addition to the receipt, [the person from whom the property was seized shall
263     be provided with information regarding the forfeiture process, including:] the peace officer or
264     agency shall provide the person with:
265          (a) information on:
266          (i) the time periods for the forfeiture of property; and
267          (ii) what happens to property upon a conviction or acquittal of the offense subjecting
268     the property to seizure; and
269          (b) a web link or referral to the self-help webpage of the Utah Courts' website for
270     resources that may assist the person in making a claim for the return of seized property.
271          [(i) important time periods in the forfeiture process;]
272          [(ii) what happens to the property upon conviction or acquittal; and]
273          [(iii) how to make a claim for the return of the property.]
274          [(d) A copy of the receipt shall be maintained by the agency.]
275          (5) The agency shall maintain a copy of the receipt provided in accordance with
276     Subsection (2).
277          [(e)] (6) If custody of the property is transferred to another agency, [a copy of the
278     receipt under Subsection (1)(a) shall be provided with the property] the transferring agency
279     shall provide the other agency a copy of the receipt under Subsection (2) and the name of the
280     person from which the property was seized.
281          [(2) The agency responsible for maintaining the property shall:]
282          [(a) hold all seized property in safe custody until it can be disposed of as provided in
283     this title; and]
284          [(b) maintain a record of the property that includes:]
285          [(i) a detailed inventory of all property seized;]
286          [(ii) the name of the person from whom it was seized; and]
287          [(iii) the agency's case number.]
288          [(3) Property seized under this title is not recoverable by replevin, but is considered in
289     the agency's custody subject only to the orders of the court or the official having jurisdiction.]
290          [(4) All controlled substances or other contraband that is seized by a peace officer may
291     be processed for evidentiary or investigative purposes, including sampling or other preservation
292     procedure prior to disposal or destruction.]
293          [(5) (a) An agency shall deposit property in the form of cash or other readily negotiable
294     instruments into a separate, restricted, interest-bearing account maintained by the agency solely
295     for the purpose of managing and protecting the property from commingling, loss, or
296     devaluation.]
297          [(b) Each agency shall have written policies for the identification, tracking,
298     management, and safekeeping of seized property, which shall include a prohibition against the
299     transfer, sale, or auction of seized property to any employee of the agency.]
300          [(6) If a peace officer or the officer's employing agency records an interview of a minor
301     child during an investigation of a violation of Section 76-5-402.1, 76-5-402.3, 76-5-403.1, or
302     76-5-404.1, the agency shall retain a copy of the recording for 18 years following the date of
303     the last recording unless the prosecuting attorney requests in writing that the recording be
304     retained for an additional period of time.]
305          [(7) Title 13, Chapter 32a, Pawnshop and Secondhand Merchandise Transaction
306     Information Act, governs the disposition of property held by a pawn or secondhand business in
307     the course of its business.]
308          Section 6. Section 24-2-104 is enacted to read:
309          24-2-104. Custody of seized property and contraband.
310          (1) If a peace officer seizes property or contraband under Section 24-2-102, the
311     property and contraband:
312          (a) is not recoverable by replevin; and
313          (b) is considered in the custody of the agency that employed the peace officer.
314          (2) An agency with custody of seized property shall:
315          (a) hold the property in safe custody until the property is released or disposed of in
316     accordance with this title; and
317          (b) maintain a record of the property, including:
318          (i) a detailed inventory of all property seized;
319          (ii) the name of the person from whom the property was seized; and
320          (iii) the agency's case number.
321          (3) An agency may process property or contraband that is seized by a peace officer for
322     evidentiary or investigative purposes, including sampling or other preservation procedure,
323     before disposal or destruction.
324          (4) (a) Except as provided in Subsection (4)(b), no later than 30 days after the day on
325     which a peace officer seizes property in the form of cash or other readily negotiable
326     instruments under Section 24-2-102, an agency shall deposit the property into a separate,
327     restricted, interest-bearing account maintained by the agency solely for the purpose of
328     managing and protecting the property from commingling, loss, or devaluation.
329          (b) A prosecuting attorney may authorize one or more written extensions of the 30-day
330     period under Subsection (4)(a) if the property needs to maintain the form in which the property
331     was seized for evidentiary purposes or other good cause.
332          (c) An agency shall:
333          (i) have written policies for the identification, tracking, management, and safekeeping
334     of seized property; and
335          (ii) shall have a written policy that prohibits the transfer, sale, or auction of seized
336     property to an employee of the agency.
337          Section 7. Section 24-2-105, which is renumbered from Section 24-4-114 is
338     renumbered and amended to read:
339          [24-4-114].      24-2-105. Transfer and sharing procedures.
340          [(1) (a) Seizing agencies or prosecuting attorneys authorized to bring forfeiture
341     proceedings under this chapter may not directly or indirectly transfer property held for
342     forfeiture and not already named in a criminal indictment to any federal agency or any
343     governmental entity not created under and subject to state law unless the court enters an order,
344     upon petition of the prosecuting attorney, authorizing the property to be transferred.]
345          [(b) The court may not enter an order authorizing a transfer under Subsection (1)(a)
346     unless:]
347          [(i) the conduct giving rise to the investigation or seizure is interstate in nature and
348     sufficiently complex to justify the transfer;]
349          [(ii) the property may only be forfeited under federal law; or]
350          [(iii) pursuing forfeiture under state law would unreasonably burden prosecuting
351     attorneys or state law enforcement agencies.]
352          [(c) A petition to transfer property to a federal agency under this section shall include:]
353          [(i) a detailed description of the property seized;]
354          [(ii) the location where the property was seized;]
355          [(iii) the date the property was seized;]
356          [(iv) the case number assigned by the seizing law enforcement agency; and]
357          [(v) a declaration that:]
358          [(A) states the basis for relinquishing jurisdiction to a federal agency;]
359          [(B) contains the names and addresses of any claimants then known; and]
360          [(C) is signed by the prosecutor.]
361          [(d) The court may not authorize the transfer of property to the federal government if
362     the transfer would circumvent the protections of the Utah Constitution or of this chapter that
363     would otherwise be available to the property owner.]
364          (1) Except as provided in Subsections (3)(a), (b), and (c), upon the seizure of property
365     by a peace officer under this title, the property is subject to the exclusive jurisdiction of a
366     district court of this state.
367          (2) Except as provided in Subsection (3), a peace officer, agency, or prosecuting
368     attorney may not directly or indirectly transfer or release property seized under this title to a
369     federal agency or to a governmental entity not created or subject to the laws of this state.
370          (3) An agency or prosecuting attorney may transfer or release seized property to a
371     federal agency or to a governmental entity not created or subject to the laws of this state if:
372          (a) (i) the property is cash or another readily negotiable instrument; and
373          (ii) the property is evidence in, or subject to, a federal criminal indictment, a federal
374     criminal information, or a federal criminal complaint before the property is seized;
375          (b) (i) the property is not cash or another readily negotiable instrument; and
376          (ii) the property is evidence in, or subject to, a federal criminal indictment, federal
377     criminal information, or federal criminal complaint before the day on which the agency with
378     custody of the property is required to return the property if no criminal or civil action is filed by
379     the prosecuting attorney or a federal prosecutor in accordance with Section 24-4-103.5;
380          (c) (i) the property was used in the commission of an offense in another state; and
381          (ii) an agency of that state requests the transfer of the property before the day on which
382     the agency with custody of the property is required to return the property if no criminal or civil
383     action is filed by the prosecuting attorney or a federal prosecutor in accordance with Section
384     24-4-103.5; or
385          (d) a district court authorizes, in accordance with Subsection (5), the transfer or release
386     of the property to an agency of another state or a federal agency upon a petition by a
387     prosecuting attorney or a federal prosecutor.
388          (4) (a) A prosecuting attorney, or a federal prosecutor, may file a petition in the district
389     court for the transfer or release of seized property.
390          (b) If a prosecuting attorney, or a federal prosecutor, files a petition under Subsection
391     (4)(a), the petition shall include:
392          (i) a detailed description of the property seized;
393          (ii) the location where the property was seized;
394          (iii) the date the property was seized;
395          (iv) the case number assigned by the agency; and
396          (v) a declaration that:
397          (A) states the basis for relinquishing jurisdiction to a federal agency or an agency of
398     another state;
399          (B) contains the names and addresses of any known claimant; and
400          (C) is signed by the prosecuting attorney or federal prosecutor.
401          (5) A district court may not authorize the transfer or release of seized property under
402     Subsection (3)(d), unless the district court finds, by a preponderance of the evidence:
403          (a) the property is evidence in, or subject to, a federal criminal indictment, a federal
404     criminal information, or a federal criminal complaint after the property is seized;
405          (b) the property may only be forfeited under federal law;
406          (c) forfeiting the property under state law would unreasonably burden the prosecuting
407     attorney or agency; or
408          (d) the property was subject to a federal criminal investigation before the property was
409     seized.
410          [(e) (i) Prior to granting any order to transfer pursuant to this section, the court shall
411     give any]
412          (6) (a) Before a district court may order the transfer of seized property in accordance
413     with this section, the court, the prosecuting attorney, or the federal prosecutor shall mail a
414     notice to:
415          (i) each address contained in the declaration under Subsection (4)(b)(v) to give a
416     claimant the right to be heard with regard to the transfer [by the mailing of a notice to each
417     address contained in the declaration.]; and
418          (ii)(A) if a federal prosecutor files the petition under Subsection (4), the prosecuting
419     attorney that is representing the agency with custody of the property; or
420          (B) if a prosecuting attorney files the petition under Subsection (4), the federal
421     prosecutor who will receive the property upon the transfer or release of the property.
422          [(ii) If no claimant objects to the petition to transfer property within 10 days of the
423     mailing of the notice,]
424          (b) If a claimant, or the party under Subsection (6)(a)(i), does not object to the petition
425     to transfer the property within 10 days after the day on which the notice is mailed, the court
426     shall issue [its] the court's order [under] in accordance with this section.
427          [(iii)] (c) If the declaration does not include an address for a claimant, the court shall
428     delay [its] the court's order under this section for 20 days to allow time for the claimant to
429     appear and make an objection.
430          [(f)] (d) (i) If a claimant, or a party under Subsection (6)(a)(i), contests a petition to
431     transfer the property to a federal agency or to another governmental entity not created or
432     subject to the laws of this state, the district court shall promptly set the matter for hearing.
433          [(ii) (A) The court shall determine whether the state may relinquish jurisdiction by a
434     standard of preponderance of the evidence.]
435          [(B)] (ii) In making [the] a determination under Subsection (5), the district court shall
436     consider evidence regarding hardship, complexity, judicial and law enforcement resources,
437     protections afforded under state and federal law, pending state or federal investigations, and
438     any other relevant matter [the court determines to be relevant].
439          [(2) All property, money, or other things of value received by an agency pursuant to
440     federal law, which authorizes the sharing or transfer of all or a portion of forfeited property or
441     the proceeds of the sale of forfeited property to an agency:]
442          (7) If an agency receives property, money, or other things of value under a federal law
443     that authorizes the sharing or transfer of all or a portion of forfeited property, or the proceeds
444     from the sale of forfeited property, the agency:
445          (a) shall [be used] use the property, money, or other things of value in compliance with
446     federal laws and regulations relating to equitable sharing;
447          (b) may [be used for those law enforcement purposes specified] use the property,
448     money, or other things of value for a law enforcement purpose described in Subsection
449     24-4-117[(9)](10); and
450          (c) may not [be used for those law enforcement purposes] use the property, money, or
451     other thing of value for a law enforcement purpose prohibited in Subsection
452     24-4-117[(10)](11).
453          [(3)] (8) [A state or local law enforcement] An agency awarded [any] an equitable
454     share of property forfeited by the federal government may [only] use the award money only
455     after approval of the use by the agency's legislative body.
456          (9) If a district court exercises exclusive control over seized property, the district
457     court's exclusive control is terminated if the property is released by the agency with custody of
458     the property to:
459          (a) a claimant under Subsection 24-2-107(1)(a), Section 24-3-104, or Section
460     24-4-103.5;
461          (b) a rightful owner under Section 24-3-103; or
462          (c) an innocent owner under Section 24-2-108.
463          Section 8. Section 24-2-106, which is renumbered from Section 24-3-102 is
464     renumbered and amended to read:
465          [24-3-102].      24-2-106. Retention of property.
466          (1) [When property is received in evidence by the court] If seized property is admitted
467     into evidence during a court proceeding, the clerk of the court shall:
468          (a) retain the property; or [the clerk shall]
469          (b) return the property to the custody [of the peace officer or the agency employing the
470     peace officer] of the agency.
471          [(2) The property shall be retained by the clerk or the officer or the officer's agency]
472          (2) (a) The agency shall retain seized or forfeited property:
473          (i) at the discretion of the prosecuting attorney; or
474          (ii) until all direct appeals and retrials are final[, at which time the property shall be
475     disposed of in accordance with this title].
476          (3) If the prosecuting attorney [considers it necessary] decides to retain control over the
477     [evidence] seized or forfeited property under Subsection (2)(a) in anticipation of possible
478     collateral attacks upon the judgment or for use in a potential prosecution, the [prosecutor]
479     prosecuting attorney may decline to authorize the disposal of the property [under this chapter].
480          Section 9. Section 24-2-107 is enacted to read:
481          24-2-107. Release of seized property to a claimant -- Release by surety bond or
482     cash - Release for hardship.
483          (1) (a) An agency with custody of seized property or the prosecuting attorney may
484     release the property to a claimant if the agency or the prosecuting attorney:
485          (i) determines that retention of the property is unnecessary; or
486          (ii) seeks to return the property to the claimant because the agency or prosecuting
487     attorney determines that the claimant is an innocent owner.
488          (b) An agency with custody of the seized property, or the prosecuting attorney, shall
489     release the property to a claimant if:
490          (i) the claimant posts a surety bond or cash with the court in accordance with
491     Subsection (2);
492          (ii) the court orders the release of property for hardship purposes under Subsection (3);
493          (iii) a claimant establishes that the claimant is an innocent owner under Section
494     24-2-107; or
495          (iv) the court orders property retained as evidence to be released to a rightful owner
496     under Section 24-3-104.
497          (2) (a) Except as provided in Subsection (2)(b), a claimant may obtain release of seized
498     property by posting a surety bond or cash with the court that is in an amount equal to the
499     current fair market value of the property as determined by the court or a stipulation by the
500     parties.
501          (b) A court may refuse to order the release under Subsection (2)(a) of:
502          (i) the property if:
503          (A) the bond tendered is inadequate;
504          (B) the property is retained as evidence; or
505          (C) the property is particularly altered or designed for use in the commission of the
506     offense subjecting the property to forfeiture; or
507          (ii) contraband.
508          (c) If a surety bond or cash is posted and the court later determines that the property is
509     forfeited, the court shall order the forfeiture of the surety bond or cash in lieu of the property.
510          (3) A claimant is entitled to the immediate release of seized property for which the
511     agency has filed a notice of intent to forfeit under Section 24-4-103 if:
512          (a) the claimant had a possessory interest in the property at the time of seizure;
513          (b) continued possession by the agency pending a forfeiture proceeding will cause
514     substantial hardship to the claimant, including:
515          (i) preventing the functioning of a legitimate business;
516          (ii) preventing any individual from working;
517          (iii) preventing any child from attending elementary or secondary school;
518          (iv) preventing or hindering an individual from receiving necessary medical care;
519          (v) preventing the care of a dependent child or adult who is elderly or disabled;
520          (vi) leaving an individual homeless; or
521          (vii) any other condition that the court determines causes a substantial hardship;
522          (c) the hardship from the continued possession of the property by the agency outweighs
523     the risk that the property will be destroyed, damaged, lost, concealed, or transferred if the
524     property is returned to the claimant during the pendency of the proceeding; and
525          (d) the determination of substantial hardship under this Subsection (3) is based upon
526     the property's use before the seizure.
527          (4) A claimant may file a motion or petition for hardship release under Subsection (3):
528          (a) in the court in which forfeiture proceedings have commenced; or
529          (b) in a district court where there is venue if a forfeiture proceeding has not yet
530     commenced.
531          (5) The motion or petition for hardship release shall be served upon the agency with
532     custody of the property within five days after the day on which the motion or petition is filed.
533          (6) The court shall:
534          (a) schedule a hearing on the motion or petition within 14 days after the day on which
535     the motion or petition is filed; and
536          (b) render a decision on a motion or petition for hardship filed under this section no
537     later than 20 days after the day of the hearing, unless this period is extended by the agreement
538     of both parties or by the court for good cause shown.
539          (7) (a) If the claimant demonstrates substantial hardship under Subsection (3), the court
540     shall order the property immediately released to the claimant pending completion of any
541     forfeiture proceeding.
542          (b) The court may place conditions on release of the property as the court finds
543     necessary and appropriate to preserve the availability of the property or the property's
544     equivalent for forfeiture.
545          (8) The hardship release under this section does not apply to:
546          (a) contraband; or
547          (b) property that is likely to be used to commit additional offenses if returned to the
548     claimant.
549          Section 10. Section 24-2-108 is enacted to read:
550          24-2-108. Innocent owners.
551          (1) (a) A claimant alleged to be an innocent owner may recover possession of seized
552     property by:
553          (i) submitting a written request with the seizing agency before the later of:
554          (A) the commencement of a civil asset forfeiture proceeding; or
555          (B) 30 days after the day on which the property was seized; and
556          (ii) providing the seizing agency with:
557          (A) evidence that establishes proof of ownership; and
558          (B) a brief description of the date, time, and place that the claimant mislaid or
559     relinquished possession of the seized property, or any evidence that the claimant is an innocent
560     owner.
561          (b) If a seizing agency receives a claim under Subsection (1)(a), the seizing agency
562     shall issue a written response to the claimant within 30 days after the day on which the seizing
563     agency receives the claim.
564          (c) A response under Subsection (1)(b) from the seizing agency shall indicate whether
565     the claim has been granted, denied on the merits, or denied for failure to provide the
566     information required by Subsection (1)(a)(ii).
567          (d) (i) If a seizing agency denies a claim for failure to provide the information required
568     by Subsection (1)(a)(ii), the claimant has 15 days after the day on which the claim is denied to
569     submit additional information.
570          (ii) If a prosecuting attorney has not filed a civil action seeking to forfeit the property
571     and a seizing agency has denied a claim for failure to provide the information required by
572     Subsection (1)(a)(ii), the prosecuting attorney may not commence a civil action until:
573          (A) the claimant has submitted information under Subsection (1)(d)(i); or
574          (B) the deadline for the claimant to submit information under Subsection (1)(d)(i) has
575     passed.
576          (e) If a seizing agency fails to issue a written response within 30 days after the day on
577     which the seizing agency receives the response, the seizing agency shall return the property.
578          (2) If a claim under Subsection (1)(a) is granted, or the property is returned because the
579     seizing agency fails to respond within 30 days, a claimant may not receive any expenses, costs,
580     or attorney fees for the returned property.
581          (3) A claimant may collect reasonable attorney fees and court costs if:
582          (a) a claimant filed a claim under Subsection (1)(a);
583          (b) the seizing agency denies the claim on the merits; and
584          (c) a court determines that the claimant is an innocent owner in a civil asset forfeiture
585     proceeding.
586          (4) If a court grants reasonable attorney fees and court costs, the amount of the attorney
587     fees begins to accrue from the day on which the seizing agency denied the claim.
588          (5) If the court grants reasonable attorney fees and court costs under Subsection (3), the
589     attorney fees and court costs are not subject to the 50% cap under Subsection 24-4-110(2).
590          (6) A communication between parties regarding a claim submitted under Subsection
591     (3) and any evidence provided to the parties in connection with a claim is subject to the Utah
592     Rules of Evidence, Rules 408 and 410.
593          (7) An agency and the prosecuting attorney may not forfeit the seized property of an
594     innocent owner.
595          Section 11. Section 24-3-101 is amended to read:
596     
CHAPTER 3. DISPOSAL OF PROPERTY

597          24-3-101. Title.
598          This chapter is known as ["Property Held as Evidence."] "Disposal of Property."
599          Section 12. Section 24-3-101.5 is enacted to read:
600          24-3-101.5. Application of this chapter.
601          The provisions of this chapter do not apply to property for which an agency has filed a
602     notice of intent to seek forfeiture under Section 23-4-103.
603          Section 13. Section 24-3-103 is amended to read:
604          24-3-103. Disposition of property.
605          (1) [When the] If a prosecuting attorney determines that seized property no longer
606     needs to be [held as evidence] retained for court proceedings, the prosecuting attorney may:
607          (a) petition the court to apply [any] the property that is money towards restitution,
608     fines, fees, or monetary judgments owed by the owner of the property;
609          (b) petition the court for an order transferring ownership of any weapons to the
610     [seizing] agency with custody for the agency's use and disposal in accordance with [applicable
611     law ] Section 24-3-103.5, if the owner:
612          (i) is the [person] individual who committed the [crime] offense for which the weapon
613     was seized; or
614          (ii) may not lawfully possess the weapon; or
615          (c) notify the agency [that has possession] with custody of the property [that the
616     property may be:] or contraband that:
617          (i) the property may be returned to the rightful owner[,] if the rightful owner may
618     lawfully possess [it] the property; or
619          (ii) the contraband may be disposed of or destroyed[, if the property is contraband].
620          (2) The agency shall exercise due diligence in attempting to notify the rightful owner of
621     the property to advise the owner that the property is to be returned.
622          (3) (a) For a computer determined to be contraband, a court may order the reasonable
623     extraction and return of specifically described personal digital data to the rightful owner.
624          (b) The law enforcement agency shall determine a reasonable cost to [provide] extract
625     the data[, which shall be paid by the owner at the time of the request to extract the data].
626          (c) At the time of the request to extract the data, the owner of the computer shall pay
627     the agency the cost to extract the data.
628          (4) (a) Before [the] an agency may release seized property to a person claiming
629     ownership of the property, the person shall establish in accordance with Subsection (4)(b) that
630     the person:
631          (i) is the rightful owner; and
632          (ii) may lawfully possess the property.
633          (b) The person shall establish ownership under Subsection (4)(a) by providing to the
634     agency:
635          (i) identifying proof or documentation of ownership of the property; or
636          (ii) a notarized statement[,] if proof or documentation is not available.
637          (5) (a) When seized property is returned to the owner, the owner shall sign a receipt
638     listing in detail the property that is returned [shall be signed by the owner].
639          [(b) The receipt shall be retained by the agency and a copy shall be provided to the
640     owner.]
641          (b) The agency shall:
642          (i) retain a copy of the receipt; and
643          (ii) provide a copy of the receipt to the owner.
644          (6) (a) Except as provided in Subsection (6)(b), if the agency is unable to locate the
645     rightful owner of the property or [if] the rightful owner is not entitled to lawfully possess the
646     property, the agency may:
647          (i) apply the property to a public interest use;
648          (ii) sell the property at public auction and apply the proceeds of the sale to a public
649     interest use; or
650          (iii) destroy the property if the property is unfit for a public interest use or for sale.
651          (b) If the property described in Subsection (6)(a) is a firearm, the agency shall dispose
652     of the firearm in accordance with Section 24-3-103.5.
653          (7) Before applying the property or the proceeds from the sale of the property to a
654     public interest use, the agency shall obtain from the legislative body of [its] the agency's
655     jurisdiction:
656          (a) permission to apply the property or the proceeds to public interest use; and
657          (b) the designation and approval of the public interest use of the property or the
658     proceeds.
659          (8) If a peace officer seizes property that at the time of seizure is held by a pawn or
660     secondhand business in the course of the pawn or secondhand business's business, the
661     provisions of Section 13-32a-116 shall apply to the disposition of the property.
662          Section 14. Section 24-3-104 is amended to read:
663          24-3-104. Petition to return property.
664          (1) (a) A [person claiming ownership of property held as evidence] claimant may file a
665     petition with the court for the return of the property that is being retained as evidence.
666          [(b) The petition may be filed in:]
667          (b) The claimant may file the petition in:
668          (i) the court in which criminal proceedings have commenced regarding the [conduct]
669     offense for which the property is [held as] being retained as evidence; or
670          (ii) the district court [of the jurisdiction where the property was seized,] with venue
671     under Section 24-1-103 if there are no pending criminal proceedings.
672          (c) [A copy of the petition shall be served] A claimant shall serve a copy of the petition
673     on the prosecuting attorney and the agency [which has possession] with custody of the
674     property.
675          (2) (a) The court shall provide an opportunity for an expedited hearing.
676          (b) After the opportunity for an expedited hearing, the court may order that the property
677     [be] is:
678          [(a)] (i) returned to the rightful owner as determined by the court;
679          [(b)] (ii) if the offense subjecting the property to seizure results in a conviction, applied
680     directly or by proceeds of the sale of the property toward restitution, fines, or fees owed by the
681     rightful owner in an amount set by the court;
682          [(c)] (iii) converted to a public interest use;
683          [(d)] (iv) held for further legal action;
684          [(e)] (v) sold at public auction and the proceeds of the sale applied to a public interest
685     use; or
686          [(f)] (vi) destroyed.
687          (3) Before the court can order property be returned to a [person claiming ownership of
688     property, the person] claimant, the claimant shall establish, by clear and convincing evidence,
689     that the [person] claimant:
690          (a) is the rightful owner; and
691          (b) may lawfully possess the property.
692          (4) If the court orders the property to be returned to the claimant, the agency [that
693     possesses] with custody of the property shall return the property to the claimant as
694     expeditiously as possible.
695          Section 15. Section 24-4-101 is amended to read:
696     
CHAPTER 4. FORFEITURE OF SEIZED PROPERTY

697          24-4-101. Title.
698          This chapter is known as ["Property Held for Forfeiture."] "Forfeiture of Seized
699     Property."
700          Section 16. Section 24-4-102 is amended to read:
701          24-4-102. Property subject to forfeiture.
702          [(1) Except as provided in Subsection (3), property that has been used to facilitate the
703     commission of a federal or state criminal offense and any proceeds of criminal activity may be
704     forfeited under this chapter, including:]
705          [(a) real property, including things growing on, affixed to, and found in land; and]
706          [(b) tangible and intangible personal property, including money, rights, privileges,
707     interests, claims, and securities of any kind.]
708          (1) Except as provided in Subsection (2), (3), or (4), an agency may seek to forfeit:
709          (a) seized property that was used to facilitate the commission of an offense that is a
710     violation of federal or state law; and
711          (b) seized proceeds.
712          (2) If [the] seized property is used to facilitate [a] an offense that is a violation of
713     Section 76-10-1204, 76-10-1205, 76-10-1206, or 76-10-1222, [the property subject to
714     forfeiture under this section is limited to property, the seizure or forfeiture of which would not]
715     an agency may not forfeit the property if the forfeiture would constitute a prior restraint on the
716     exercise of an affected party's rights under the First Amendment to the Constitution of the
717     United States or Utah Constitution, Article I, Section 15, or would [not] otherwise unlawfully
718     interfere with the exercise of [those] the party's rights under the First Amendment to the
719     Constitution of the United States or Utah Constitution, Article I, Section 15.
720          (3) [A] If a motor vehicle is used in [a] an offense that is a violation of Section
721     41-6a-502, 41-6a-517, a local ordinance that complies with the requirements of Subsection
722     41-6a-510(1), Subsection 58-37-8(2)(g), or Section 76-5-207 [may not be forfeited unless], an
723     agency may not seek forfeiture of the motor vehicle, unless:
724          (a) the operator of the vehicle has previously been convicted of [a violation,] an
725     offense committed after May 12, 2009, [of] that is:
726          (i) a felony driving under the influence violation under Section 41-6a-502;
727          (ii) a felony violation under Subsection 58-37-8(2)(g); or
728          (iii) automobile homicide under Section 76-5-207; or
729          (b) the operator of the vehicle was driving on a denied, suspended, revoked, or
730     disqualified license[;] and:
731          (i) the denial, suspension, revocation, or disqualification under Subsection (3)(b)(ii)
732     was imposed because of a violation under:
733          (A) Section 41-6a-502;
734          (B) Section 41-6a-517;
735          (C) a local ordinance that complies with the requirements of Subsection 41-6a-510(1);
736          (D) Section 41-6a-520;
737          (E) Subsection 58-37-8(2)(g);
738          (F) Section 76-5-207; or
739          (G) a criminal prohibition [that the person was charged with violating] as a result of a
740     plea bargain after having been originally charged with violating one or more of the sections or
741     ordinances described in Subsections (3)(b)(i)(A) through (F); or
742          (ii) the denial, suspension, revocation, or disqualification described in Subsections
743     (3)(b)(i)(A) through (G):
744          (A) is an extension imposed under Subsection 53-3-220(2) of a denial, suspension,
745     revocation, or disqualification; and
746          (B) the original denial, suspension, revocation, or disqualification was imposed
747     because of a violation described in Subsections (3)(b)(i)(A) through (G).
748          (4) If a peace officer seizes property incident to an arrest solely for possession of a
749     controlled substance under Subsection 58-37-8(2)(a)(i) but not Subsection 53-37-8(2)(b)(i), an
750     agency may not seek to forfeit the property that was seized in accordance with the arrest.
751          Section 17. Section 24-4-103 is amended to read:
752          24-4-103. Initiating forfeiture proceedings -- Notice of intent to seek forfeiture.
753          [(1) (a) Within 30 days from the date that property is seized, an agency seeking to
754     forfeit property shall serve a notice of intent to seek forfeiture upon any claimants known to the
755     agency.]
756          (1) (a) If an agency seeks to forfeit property seized under this title, the agency shall
757     serve a notice of intent to seek forfeiture to any known claimant within 30 days after the day on
758     which the property is seized.
759          (b) The notice of intent to seek forfeiture shall describe [the]:
760          (i) the date of the seizure;
761          (ii) the property seized;
762          (iii) the claimant's rights and obligations under this chapter, including the availability
763     of hardship relief in appropriate circumstances; and
764          (iv) the statutory basis for the forfeiture, including the judicial proceedings by which
765     the property may be forfeited under this chapter.
766          [(c) The notice of intent to seek forfeiture shall be served by:]
767          (c) The agency shall serve the notice of intent to seek forfeiture by:
768          (i) certified mail, with a return receipt requested, to the claimant's known address; or
769          (ii) personal service.
770          (d) [The] A court may void [any] a forfeiture made without notice under Subsection
771     (1)(a), unless the agency demonstrates:
772          (i) good cause for the failure to give notice to the claimant; or
773          (ii) that the claimant had actual notice of the seizure.
774          [(2) (a) Once the agency has served each claimant with a notice of intent to seek
775     forfeiture, but no later than 60 days from the date that property is seized, the agency shall
776     present a written request for forfeiture to the prosecuting attorney.]
777          (2) If an agency sends a notice of intent to forfeit seized property under Subsection
778     24-4-103(1), an individual or entity may not alienate, convey, sequester, or attach the property
779     until a court:
780          (a) issues a final order to dismiss an action under this title; or
781          (b) orders the forfeiture of the property.
782          (3) (a) (i) If an agency has served each claimant with a notice of intent to seek
783     forfeiture, the agency shall present a written request for forfeiture to the prosecuting attorney of
784     the municipality or county where the property is seized.
785          (ii) The agency shall provide the request under Subsection (3)(a)(i) no later than 45
786     days after the day on which the property is seized.
787          (b) The written request described in Subsection (3)(a) shall:
788          (i) describe the property [to be forfeited] that the agency is seeking to forfeit; and
789          (ii) include a copy of all reports, supporting documents, and other evidence that is
790     necessary for the prosecuting attorney to determine the legal sufficiency for filing a forfeiture
791     action.
792          (c) The prosecuting attorney shall:
793          (i) review the written request described in Subsection (3)(a)(i); and
794          (ii) within 75 days after the day on which the property is seized, decline or accept, in
795     writing, the agency's written request for the prosecuting attorney to initiate a proceeding to
796     forfeit the property.
797          Section 18. Section 24-4-103.3 is enacted to read:
798          24-4-103.3. Sale of seized property.
799          (1) (a) Subject to Subsection (2), the court may order seized property, for which a
800     forfeiture proceeding is pending, to:
801          (i) be sold, leased, rented, or operated to satisfy a specified interest of any claimant; or
802          (ii) preserve the interests of any party on motion of that party.
803          (b) The court may enter an order under Subsection (1)(a) after:
804          (i) written notice to any person known to have an interest in the property has been
805     given; and
806          (ii) an opportunity for a hearing for any person known to have an interest in the
807     property has occurred.
808          (2) (a) A court may order a sale of property under Subsection (1) when:
809          (i) the property is liable to perish, waste, or be significantly reduced in value; or
810          (ii) the expenses of maintaining the property are disproportionate to the property's
811     value.
812          (b) A third party designated by the court shall:
813          (i) dispose of the property by a commercially reasonable public sale; and
814          (ii) distribute the proceeds in the following order of priority:
815          (A) first, for the payment of reasonable expenses incurred in connection with the sale;
816          (B) second, for the satisfaction of an interest, including an interest of an interest holder,
817     in the order of an interest holder's priority as determined by Title 70A, Uniform Commercial
818     Code; and
819          (C) third, any balance of the proceeds shall be preserved in the actual or constructive
820     custody of the court, in an interest-bearing account, subject to further proceedings under this
821     chapter.
822          Section 19. Section 24-4-103.5 is enacted to read:
823          24-4-103.5. Mandatory return of seized property.
824          (1) An agency shall promptly return property seized under this title, and the
825     prosecuting attorney may take no further action to forfeit the property, unless within 75 days
826     after the day on which the property is seized:
827          (a) the prosecuting attorney:
828          (i) files a criminal indictment or information under Subsection 24-4-105(3);
829          (ii) files a petition to transfer the property to another agency in accordance with Section
830     24-2-105;
831          (iii) files a civil forfeiture complaint under Section 24-4-104; or
832          (b) the prosecuting attorney or a federal prosecutor obtains a restraining order under
833     Subsection 24-4-105(4).
834          (2) (a) The prosecuting attorney may file a petition to extend the deadline under
835     Subsection (1) by 21 days.
836          (b) If a prosecuting attorney files a petition under Subsection (2)(a), and the
837     prosecuting attorney provides good cause for extending the deadline, a court shall grant the
838     petition.
839          (c) The prosecuting attorney may not file more than one petition under this Subsection
840     (2).
841          (3) If a prosecuting attorney is unable to file a civil forfeiture complaint under
842     Subsection (1)(a)(iii) because a claimant has filed a claim under Section 24-2-108 and the
843     claimant has an extension to provide additional information on the claim under Subsection
844     24-2-108(1)(d), the deadline under Subsection (1) may be extended by 15 days.
845          Section 20. Section 24-4-104 is amended to read:
846          24-4-104. Civil forfeiture procedure.
847          [(1) (a) The law enforcement agency shall promptly return seized property, and the
848     prosecuting attorney may take no further action to effect the forfeiture of the property, unless
849     within 75 days after the property is seized the prosecuting attorney:]
850          [(i) files a criminal indictment or information under Subsection 24-4-105(2);]
851          [(ii) obtains a restraining order under Subsection 24-4-105(3);]
852          [(iii) files a petition under Subsection 24-4-114(1); or]
853          [(iv) files a civil forfeiture complaint.]
854          (1) (a) A prosecuting attorney may commence a civil action to forfeit seized property
855     by filing a complaint.
856          (b) [A complaint for civil forfeiture] The complaint under Subsection (1)(a) shall
857     describe with reasonable particularity [the]:
858          (i) the property that [is the subject of the forfeiture proceeding] the agency is seeking to
859     forfeit;
860          (ii) the date and place of seizure; and
861          (iii) the factual allegations that constitute a basis for forfeiture.
862          (2) (a) After a complaint is filed, the prosecuting attorney shall serve a copy of the
863     complaint and summons upon each claimant known to the prosecuting attorney within 30 days
864     after the day on which the complaint is filed.
865          (b) The prosecuting attorney is not required to serve a copy of the complaint or the
866     summons upon [any] a claimant [who] which has disclaimed, in writing, an ownership interest
867     in the seized property.
868          (c) Service of the complaint and summons shall be by:
869          (i) personal service;
870          (ii) certified mail, with a return receipt requested, to the claimant's known address; or
871          (iii) service by publication, if the prosecuting attorney demonstrates to the court that
872     service cannot reasonably be made by personal service or certified mail.
873          (d) Service by publication shall be by publication of two notices, in two successive
874     weeks, of the forfeiture proceeding:
875          (i) in a newspaper of general circulation in the county in which the seizure occurred;
876     and
877          (ii) on Utah's Public Legal Notice Website established in Subsection 45-1-101(2)(b).
878          (e) Service is effective upon the earlier of:
879          (i) personal service;
880          [(ii) mailing of a written notice; or]
881          (ii) certified mail; or
882          (iii) publication in accordance with Subsection (2)(d).
883          (f) [Upon motion of the prosecuting attorney and a showing of good cause, the] The
884     court may extend the period to complete service under this section for an additional 60 days[.]
885     if the prosecuting attorney:
886          (i) moves the court to extend the period to complete service; and
887          (ii) has shown good cause for extending service.
888          (3) (a) [In any case where the] If a prosecuting attorney files a complaint for forfeiture
889     as described in Subsection (1), a claimant may file an answer to the complaint.
890          [(b) The answer shall be filed within 30 days after the complaint is served upon the
891     claimant as provided in Subsection (2)(b).]
892          (b) If a claimant files an answer in accordance with Subsection (3)(a), the claimant
893     shall file the answer within 30 days after the day on which the complaint is served upon the
894     claimant.
895          (c) [When the property subject to forfeiture] If an agency is seeking to forfeit property
896     under Section 24-4-103 and the property is valued at less than $10,000, the agency [that has
897     custody of the property] shall return the property to the claimant if:
898          (i) (A) the prosecuting attorney has filed a forfeiture complaint, and the claimant has
899     filed an answer [through an attorney or pro se], in accordance with Subsections (3)(a) and (b);
900     and
901          (B) the prosecuting attorney has not filed an information or indictment for [criminal
902     conduct giving rise to the forfeiture] the offense for which the property is seized within 60 days
903     after the [date that service of the forfeiture complaint on the claimant was completed] day on
904     which the prosecuting attorney served the claimant with the complaint, or the prosecuting
905     attorney has not timely moved a court [of competent jurisdiction] and demonstrated reasonable
906     cause for [an extension of time to file such an] extending the time to file the information or
907     indictment; or
908          (ii) the information or indictment for [criminal conduct giving rise to the forfeiture] the
909     offense for which the property was seized was dismissed and the prosecuting attorney has not
910     refiled the information or indictment within seven days [of the dismissal] after the day on
911     which the information or indictment was dismissed.
912          (d) [The] A claimant is not entitled to any expenses, costs, or attorney fees for the
913     return of property to the claimant under Subsection (3)(c) [does not include any expenses,
914     costs, or attorney fees].
915          (e) (i) The time limitations in Subsection (3)(c)(i) may be extended for up to 15 days if
916     a claimant timely seeks to recover possession of seized property [pursuant to Subsection
917     24-4-107(8), but] in accordance with Section 24-2-108.
918          (ii) If the time limitations are extended under Subsection (3)(c)(i), the time limitations
919     in Subsection (3)(c)(i) shall resume immediately upon the [seizing] agency's or prosecuting
920     attorney's timely denial of [the] a claim under Section 24-2-108 on the merits.
921          (4) Except as otherwise provided in this chapter, [forfeiture proceedings are] a civil
922     action for a forfeiture proceeding is governed by the Utah Rules of Civil Procedure.
923          (5) The court shall:
924          (a) take all reasonable steps to expedite [civil forfeiture proceedings and shall] a civil
925     forfeiture proceeding; and
926          (b) give [these proceedings] a civil forfeiture proceeding the same priority as [is given
927     to criminal cases] a criminal case.
928          [(6) In all suits or actions brought under this section for the civil forfeiture of any
929     property, the burden of proof is on the prosecuting attorney to establish by clear and convincing
930     evidence that the claimant engaged in conduct giving rise to the forfeiture.]
931          [(7)] (6) A claimant may file an answer to a complaint for civil forfeiture without
932     posting bond with respect to the property [subject to forfeiture] that the agency seeks to forfeit.
933          [(8)] (7) [Property is subject to forfeiture under this chapter] A court shall grant an
934     agency's request to forfeit property if the prosecuting attorney establishes, by clear and
935     convincing evidence, that:
936          (a) the claimant [has engaged in conduct giving rise to forfeiture;]:
937          [(b) the property was acquired by the claimant during that portion of the conduct that
938     gives rise to forfeiture, or within a reasonable time after that conduct is committed; and]
939          (i) committed the offense subjecting the property to forfeiture under Subsection
940     24-4-102(1);
941          (ii) knew of the offense subjecting the property to forfeiture under Subsection
942     24-4-102(1) and allowed the property to be used in furtherance of the offense; or
943          (iii) acquired the property at the time of the offense subjecting the property to forfeiture
944     under Subsection 24-4-102(1), or within a reasonable time after the offense occurred; or
945          [(c)] (b) there is no likely source for the purchase or acquisition of the property other
946     than [the conduct that gives rise to forfeiture] the commission of the offense subjecting the
947     property to forfeiture under Subsection 24-4-102(1).
948          [(9) A finding by the court that property is the proceeds of conduct giving rise to
949     forfeiture does not require proof that the property was the proceeds of any particular exchange
950     or transaction.]
951          [(10) If the prosecutor establishes that the property is subject to forfeiture, but the
952     claimant is subsequently criminally charged with the conduct giving rise to the forfeiture and is
953     acquitted of that charge on the merits:]
954          [(a) the property subject to the forfeiture or the open market value of the property, if
955     the property has been disposed of under Subsection 24-4-108(13), shall be returned to the
956     claimant; and]
957          [(b) any payments required under this chapter regarding the costs of holding the
958     property shall be paid to the claimant.]
959          (8) If a court finds that the property is the proceeds of an offense that subjects the
960     proceeds to forfeiture under Subsection 24-4-102(1), the prosecuting attorney does not need to
961     prove that the property was the proceeds of a particular exchange or transaction.
962          (9) If a claimant is acquitted of the offense subjecting the property to forfeiture under
963     this section:
964          (a) (i) the property for which forfeiture is sought shall be returned to the claimant; or
965          (ii) the open market value of the property for the property for which forfeiture is sought
966     shall be awarded to the claimant if the property has been disposed of under Section 24-4-103.3;
967     and
968          (b) any payment requirement under this chapter related to the holding of property shall
969     be paid to the claimant.
970          (10) If the prosecuting attorney seeks to discontinue a forfeiture proceeding under this
971     section and transfer the action to another state or federal agency that has initiated a civil or
972     criminal proceeding involving the same property, the prosecuting attorney shall file a petition
973     to transfer the property in accordance with Section 24-2-105.
974          (11) A civil forfeiture action under this section may be converted to a criminal
975     forfeiture action at any time after a prosecuting attorney files a criminal complaint, information,
976     or indictment for the offense subjecting the property to forfeiture under Subsection
977     24-4-102(1).
978          Section 21. Section 24-4-105 is amended to read:
979          24-4-105. Criminal forfeiture procedure.
980          (1) As used in this section, "defendant" means a claimant who is criminally prosecuted
981     for the offense subjecting the property to forfeiture under Subsection 24-4-102(1).
982          [(1)] (2) [If a claimant is criminally prosecuted for conduct giving rise to the forfeiture,
983     the] A prosecuting attorney may [elect to] seek forfeiture of [the claimant's] the defendant's
984     interest in [the property] seized property through the criminal case.
985          [(2)] (3) If the prosecuting attorney [elects to seek] seeks forfeiture of [the claimant's] a
986     defendant's interest in [the property] seized property through the criminal case, [the information
987     or indictment shall state that the claimant's interest in the property is subject to forfeiture and
988     the basis for the forfeiture] the prosecuting attorney shall state in the information or indictment
989     the grounds for which the agency seeks to forfeit the property.
990          [(3) (a) Upon application of the prosecuting attorney, the court may enter restraining
991     orders or injunctions, or take other reasonable actions to preserve for forfeiture under this
992     section, any property subject to forfeiture if, after notice to known claimants and claimants who
993     can be identified after due diligence and who are known to have an interest in the property, and
994     after affording those persons an opportunity for a hearing, the court determines that:]
995          (4) (a) (i) A court may enter a restraining order or injunction or take any other
996     reasonable action to preserve property being forfeited under this section.
997          (ii) Before a court's decision under Subsection (4)(a)(i), a known claimant, who can be
998     identified after due diligence, shall be:
999          (A) provided notice; and
1000          (B) given an opportunity for a hearing.
1001          (iii) A court shall grant an order under Subsection (4)(a)(i) if:
1002          [(i)] (A) there is a substantial probability that the state will prevail on the issue of
1003     forfeiture and that failure to enter the order will result in the property being sold, transferred,
1004     destroyed, or removed from the jurisdiction of the court or otherwise made unavailable for
1005     forfeiture; and
1006          [(ii)] (B) the need to preserve the availability of the property or prevent [its] the
1007     property's sale, transfer, destruction, or removal through the entry of the requested order
1008     outweighs the hardship against [any party] a claimant against [whom] which the order is to be
1009     entered.
1010          (b) A [temporary restraining order may be entered] court may enter a temporary
1011     restraining order ex parte upon application of the prosecuting attorney or a federal prosecutor
1012     before or after an information or indictment has been filed, with respect to the property, if the
1013     prosecuting attorney or federal prosecutor demonstrates that:
1014          (i) there is probable cause to believe that the property with respect to which the order is
1015     sought would, in the event of a conviction, be [subject to forfeiture] forfeited under this
1016     section; and
1017          (ii) [provision of notice] providing notice to a claimant would jeopardize the
1018     availability of the property for forfeiture or would jeopardize an ongoing criminal investigation.
1019          (c) The temporary order expires [not] no more than 10 days after [entry] the day on
1020     which the order is entered unless extended for good cause shown or unless the [party] claimant
1021     against whom [it] the temporary order is entered consents to an extension.
1022          (d) After service of the temporary order upon [any claimants] a claimant known to the
1023     prosecuting attorney[, a hearing concerning the order entered under this section shall be held]
1024     or federal prosecutor, the court shall hold a hearing on the order as soon as practicable and
1025     [prior to] before the expiration of the temporary order.
1026          (e) The court is not bound by the Utah Rules of Evidence regarding evidence [it] the
1027     court may receive and consider at [any] a hearing under this section.
1028          [(4) (a) Upon conviction of a claimant for conduct giving rise to criminal forfeiture, the
1029     prosecutor shall ask the finder of fact to make a specific finding as to whether the property or
1030     any part of it is subject to forfeiture.]
1031          [(b) A determination of whether property is subject to forfeiture under this section shall
1032     be proven beyond a reasonable doubt.]
1033          (5) Upon conviction of a defendant for the offense subjecting the property to forfeiture,
1034     a court or jury shall find property forfeited to the agency if the prosecuting attorney establishes,
1035     beyond a reasonable doubt, that:
1036          (a) the defendant:
1037          (i) committed the offense subjecting the property to forfeiture under Subsection
1038     24-4-102(1);
1039          (ii) knew of the offense subjecting the property to forfeiture under Subsection
1040     24-4-102(1) and allowed the property to be used in furtherance of the offense; or
1041          (iii) acquired the property at the time of the offense subjecting the property to forfeiture
1042     under Subsection 24-4-102(1), or within a reasonable time after the offense occurred; or
1043          (b) there is no likely source for the purchase or acquisition of the property other than
1044     the commission of the offense subjecting the property to forfeiture under Subsection
1045     24-4-102(1).
1046          [(5)] (6) (a) Upon conviction of a [claimant for violating any provision of state law
1047     subjecting a claimant's property to forfeiture] defendant for the offense subjecting the property
1048     to forfeiture and a finding by [the trier of fact] a court or jury that the property [is subject to
1049     forfeiture] is forfeited, the court shall enter a judgment and order the property forfeited to the
1050     [state] agency upon the terms stated by the court in [its] the court's order.
1051          (b) Following the entry of an order declaring the property forfeited under Subsection
1052     (6)(a), and upon application by the prosecuting attorney, the court may[, upon application of
1053     the prosecuting attorney,]:
1054          (i) enter [appropriate restraining orders or injunctions,] a restraining order or
1055     injunction;
1056          (ii) require the execution of satisfactory performance bonds[,];
1057          (iii) appoint [receivers, conservators, appraisers, accountants, or trustees,] a receiver,
1058     conservator, appraiser, accountant, or trustee; or
1059          (iv) take any other action to protect the [interest of the state] the agency's interest in
1060     property ordered forfeited.
1061          [(6)] (7) (a) (i) After property is ordered forfeited under this section, the [seizing]
1062     agency shall direct the disposition of the property under Section 24-4-115.
1063          [(ii) Any property right or interest under this Subsection (6)(a) not exercisable by or
1064     transferable for value to the state expires and does not revert to the defendant.]
1065          (ii) If property under Subsection (7)(a)(i) is not transferrable for value to the agency, or
1066     the agency is not able to exercise an ownership interest in the property, the property may not
1067     revert to the defendant.
1068          (iii) [The defendant or any person] A defendant, or a person acting in concert with or
1069     on behalf of the defendant, is not eligible to purchase forfeited property at any sale held by the
1070     [seizing] agency unless approved by the judge.
1071          (b) [The] A court may stay the sale or disposition of the property pending the
1072     conclusion of any appeal of [the criminal case giving rise to the forfeiture] the offense
1073     subjecting the property to forfeiture if the [defendant] claimant demonstrates that proceeding
1074     with the sale or disposition of the property may result in irreparable injury, harm, or loss.
1075          (8) If a defendant is acquitted of the offense subjecting the property to forfeiture under
1076     this section on the merits:
1077          (a) (i) the property for which forfeiture is sought shall be returned to the claimant; or
1078          (ii) the open market value of the property for the property for which forfeiture is sought
1079     shall be awarded to the claimant if the property has been disposed of under Section 24-4-103.3;
1080     and
1081          (b) any payment requirement under this chapter related to the holding of property shall
1082     be paid to the claimant.
1083          [(7)] (9) Except as provided under Subsection [(3) or (10)] (4) or (12), a [party]
1084     claimant claiming an interest in property [subject to forfeiture] that is being forfeited under this
1085     section:
1086          (a) may not intervene in a trial or appeal of a criminal case involving the forfeiture of
1087     the property [under this section]; and
1088          (b) may not commence an action at law or equity concerning the validity of the
1089     [party's] claimant's alleged interests in the property subsequent to the filing of an indictment or
1090     an information alleging that the property is [subject to forfeiture] being forfeited under this
1091     section.
1092          [(8) The district] (10) A court that has jurisdiction of a case under this part may enter
1093     orders under this section without regard to the location of any property that [may be subject to
1094     forfeiture] is or has been ordered forfeited under this section [or that has been ordered forfeited
1095     under this section].
1096          [(9)] (11) To facilitate the identification or location of property [declared forfeited]
1097     forfeited under this section, and to facilitate the disposition of [petitions] a petition for
1098     remission or mitigation of forfeiture after the entry of an order declaring property forfeited to
1099     the [state] agency, the court may, upon application of the prosecuting attorney, order [that]:
1100          (a) the testimony of any witness relating to the forfeited property be taken by
1101     deposition[,]; and [that]
1102          (b) any book, paper, document, record, recording, or other material [shall be] is
1103     produced [as provided for depositions and discovery under] in accordance with the Utah Rules
1104     of Civil Procedure.
1105          [(10)] (12) (a) [(i) Following the entry of an order of forfeiture under this section] If a
1106     court orders property forfeited under this section, the prosecuting attorney shall publish notice
1107     of the [order's] intent to dispose of the property [by publication].
1108          (b) Service by publication shall be by publication of two notices, in two successive
1109     weeks, of the forfeiture proceeding:
1110          [(A)] (i) in a newspaper of general circulation in the county in which the seizure of the
1111     property occurred; and
1112          [(B)] (ii) on Utah's Public Legal Notice Website established in Subsection
1113     45-1-101(2)(b).
1114          [(ii)] (c) The prosecuting attorney shall also send written notice to any claimants, other
1115     than the defendant, known to the prosecuting attorney to have an interest in the property, at the
1116     claimant's known address.
1117          [(b) (i) Any] (13) (a) A claimant, other than the defendant, [asserting a legal interest in
1118     property that has been ordered forfeited to the state under this section may, within 30 days after
1119     the notice has been published or the claimant receives the written notice under Subsection
1120     (10)(a), whichever is earlier,] may petition the court for a hearing to adjudicate the validity of
1121     the claimant's alleged interest in [the] property forfeited under this section.
1122          [(ii) Any genuine issue of material fact, including issues of standing, may be tried to a
1123     jury upon demand of any party.]
1124          (b) A claimant shall file a petition within 30 days after the earlier of the day on which a
1125     notice is published or the day on which the claimant receives written notice under Subsection
1126     (12)(a).
1127          [(c)] (14) The petition under Subsection (13) shall:
1128          [(i)] (a) be in writing and signed by the claimant under penalty of perjury;
1129          [(ii)] (b) set forth the nature and extent of the claimant's right, title, or interest in the
1130     property, the time and circumstances of the claimant's acquisition of the right, title, or interest
1131     in the property; and
1132          [(iii)] (c) set forth any additional facts supporting the claimant's claim and the relief
1133     sought.
1134          [(d) The trial or hearing on the petition shall be expedited to the extent practicable.]
1135          (15) (a) The court shall expedite the trial or hearing under this Subsection (15) to the
1136     extent practicable.
1137          (b) Any party may request a jury to decide any genuine issue of material fact.
1138          (c) The court may consolidate a trial or hearing on the petition under Subsection
1139     (11)(b) and any other petition filed by [any] a claimant, other than the defendant, under this
1140     section.
1141          (d) [The] For a petition under this section, the court shall permit the parties to conduct
1142     pretrial discovery [pursuant to] in accordance with the Utah Rules of Civil Procedure.
1143          (e) (i) At the trial or hearing, the claimant may testify and present evidence and
1144     witnesses on the claimant's own behalf and cross-examine witnesses who appear at the hearing.
1145          (ii) The prosecuting attorney may present evidence and witnesses in rebuttal and in
1146     defense of the claim to the property and cross-examine witnesses who appear.
1147          [(ii)] (f) In addition to testimony and evidence presented at the trial or hearing, the
1148     court may consider the relevant portion of the record of the criminal case that resulted in the
1149     order of forfeiture.
1150          [(iii)] (g) [Any] A trial or hearing shall be conducted [pursuant to] in accordance with
1151     the Utah Rules of Evidence.
1152          [(f)] (16) The court shall amend the order of forfeiture in accordance with [its] the
1153     court's determination, if after the trial or hearing under Subsection (15), the court or jury
1154     determines that the [petitioner] claimant has established, by a preponderance of the evidence,
1155     that:
1156          (a) (i) the claimant has a legal right, title, or interest in the property[,]; and
1157          (ii) the claimant's right, title, or interest renders the order of forfeiture invalid in whole
1158     or in part because the right, title, or interest was vested in the claimant rather than the
1159     defendant, or was superior to any right, title, or interest of the defendant at the time [of the
1160     commission of the acts or conduct that gave rise to the forfeiture of the property under this
1161     section] of the commission of the offense subjecting the property to forfeiture under Subsection
1162     24-4-102(1); or
1163          [(ii)] (b) the claimant acquired the right, title, or interest in the property in a bona fide
1164     transaction for value, and, at the time of acquisition, the claimant did not know that the
1165     property [was subject to forfeiture] could be forfeited under this chapter.
1166          [(g) Following the court's disposition of all petitions filed under this Subsection (10),
1167     or if no petitions are filed following the expiration of the period provided in Subsection (10)(b)
1168     for the filing of petitions, the state has clear title to property subject to the order of forfeiture
1169     and may warrant good title to any subsequent purchaser or transferee.]
1170          (17) An agency has clear title to the property and may transfer title to a purchaser or
1171     transferee if:
1172          (a) the court issued a disposition on all petitions under Subsection (13) denying any
1173     claimant's right, title, or interest to the property; or
1174          (b) a petition was not filed under the timelines provided in Subsection (13)(b).
1175          (18) If the prosecuting attorney seeks to discontinue a forfeiture proceeding under this
1176     section and transfer the action to another state or federal agency that has initiated a civil or
1177     criminal proceeding involving the same property, the prosecuting attorney shall file a petition
1178     to transfer the property in accordance with Section 24-2-105.
1179          Section 22. Section 24-4-109 is amended to read:
1180          24-4-109. Postjudgment interest.
1181          In [any] a proceeding to forfeit currency or other negotiable instruments under this
1182     chapter, the court shall award postjudgment interest to a prevailing party [postjudgment
1183     interest] on the currency or negotiable instruments at the interest rate established under Section
1184     15-1-4.
1185          Section 23. Section 24-4-110 is amended to read:
1186          24-4-110. Attorney fees and costs.
1187          (1) In [any] a forfeiture proceeding under this chapter, [the] a court shall award [a
1188     prevailing claimant reasonable:] reasonable legal costs and attorney fees to a prevailing
1189     claimant.
1190          [(a) legal costs; and]
1191          [(b) attorney fees.]
1192          (2) [The legal costs and attorney fees awarded by the court to the prevailing party] If a
1193     court awards legal costs and attorney fees to a prevailing claimant under Subsection (1), the
1194     award may not exceed 50% of the value of the seized property.
1195          (3) A claimant who prevails only in part is entitled to recover reasonable legal costs
1196     and attorney fees only on [those issues] an issue on which the party prevailed[ , as determined
1197     by the court ].
1198          Section 24. Section 24-4-111 is amended to read:
1199          24-4-111. Compensation for damaged property.
1200          (1) As used in this section, "damage or other injury" does not mean normal
1201     depreciation, deterioration, or ordinary wear and tear of the property.
1202          [(1)] (2) If [property seized for forfeiture] seized property is returned [by operation of]
1203     under this chapter, a claimant has a civil right of action against [a seizing] an agency for [any] a
1204     claim based upon the negligent destruction, loss, or damage[,] or other injury to seized property
1205     while in the possession or custody of the agency.
1206          [(2) As used in this section, "damage or other injury" does not include normal
1207     depreciation, deterioration, or ordinary wear and tear.]
1208          Section 25. Section 24-4-112 is amended to read:
1209          24-4-112. Limitation on fees for holding seized property.
1210          In any civil or criminal proceeding under this chapter in which a judgment is entered in
1211     favor of a claimant, or where a forfeiture proceeding against a claimant is voluntarily dismissed
1212     by the prosecuting attorney, [the seizing] an agency may not charge [that] a claimant any fee or
1213     cost for holding seized property.
1214          Section 26. Section 24-4-113 is amended to read:
1215          24-4-113. Proportionality.
1216          (1) (a) A claimant's interest in property that is used to facilitate [a crime, excluding
1217     contraband, is not subject to forfeiture] an offense may not be forfeited under any provision of
1218     state law if the forfeiture is substantially disproportionate to the use of the property in
1219     committing or facilitating [a] an offense that is a violation of state law and the value of the
1220     property.
1221          (b) [Forfeiture of property] If property is used solely in a manner that is merely
1222     incidental and not instrumental to the commission or facilitation of [a violation of law] an
1223     offense, a forfeiture of the property is not proportional.
1224          (2) (a) In determining proportionality, the court shall consider:
1225          (i) the [conduct giving cause for the forfeiture] offense subjecting the property to
1226     forfeiture under Subsection 24-4-102(1);
1227          (ii) what portion of the forfeiture, if any, is remedial in nature;
1228          (iii) the gravity of the conduct for which the claimant is responsible in light of the
1229     offense; and
1230          (iv) the value of the property.
1231          (b) If the court finds that the forfeiture is substantially disproportional to [the conduct]
1232     an offense for which the claimant is responsible, [it] the court shall reduce or eliminate the
1233     forfeiture[,] as [it] the court finds appropriate.
1234          (3) [The] A prosecuting attorney has the burden [to demonstrate] of demonstrating that
1235     [any] a forfeiture is proportional to the [conduct giving rise to the forfeiture] offense subjecting
1236     the property to forfeiture under Subsection 24-4-102(1).
1237          (4) In all cases, the court shall decide questions of proportionality.
1238          (5) [Forfeiture] A forfeiture of any proceeds used to facilitate the commission of an
1239     offense that is a violation of federal or state law is proportional.
1240          Section 27. Section 24-4-115 is amended to read:
1241          24-4-115. Disposition and allocation of forfeiture property.
1242          (1) [Upon finding that property is subject to forfeiture under this chapter] If a court
1243     finds that property is forfeited under this chapter, the court shall order the property forfeited to
1244     the [state] agency.
1245          (2) (a) If the property is not currency, the [seizing] agency shall authorize a public or
1246     otherwise commercially reasonable sale of that property [that] if the property is not required by
1247     law to be destroyed and [that] is not harmful to the public.
1248          (b) If the property forfeited is an alcoholic product as defined in Section 32B-1-102,
1249     [it] the property shall be disposed of as follows:
1250          (i) an alcoholic product shall be sold if the alcoholic product is:
1251          (A) unadulterated, pure, and free from any crude, unrectified, or impure form of ethylic
1252     alcohol, or any other deleterious substance or liquid; and
1253          (B) otherwise in saleable condition; or
1254          (ii) an alcoholic product and [its] the alcoholic product's package shall be destroyed if
1255     the alcoholic product is impure, adulterated, or otherwise unfit for sale.
1256          (c) If the property forfeited is a cigarette or other tobacco product as defined in Section
1257     59-14-102, [it] the property shall be destroyed, except that [prior to the destruction of any
1258     cigarette or other tobacco product seized pursuant to this part,] the lawful holder of the
1259     trademark rights in the cigarette or tobacco product brand [shall be] is permitted to inspect the
1260     cigarette before the destruction of the cigarette or tobacco product.
1261          (d) The proceeds of the sale of forfeited property shall remain segregated from other
1262     property, equipment, or assets of the [seizing] agency until transferred [to the state] in
1263     accordance with this chapter.
1264          (3) [From the forfeited property, both] Before transferring currency and the proceeds or
1265     revenue from the sale of the property in accordance with this chapter, the [seizing] agency
1266     shall:
1267          (a) deduct the [seizing] agency's direct costs, expense of reporting under Section
1268     24-4-118, and [expenses] expense of obtaining and maintaining the property pending a
1269     forfeiture proceeding; and
1270          (b) if the prosecuting agency that employed the prosecuting attorney has met the
1271     requirements of Subsection 24-4-119(3), pay the [office of the] prosecuting attorney the legal
1272     costs associated with the litigation of the forfeiture proceeding, and up to 20% of the value of
1273     the forfeited property in attorney fees.
1274          (4) If the forfeiture arises from [any] a violation relating to wildlife resources, the
1275     agency shall deposit any remaining currency and the proceeds or revenue from the sale of the
1276     property [shall be deposited in] into the Wildlife Resources Account created in Section
1277     23-14-13.
1278          (5) The agency shall transfer any remaining currency, [and] the proceeds, or revenue
1279     from the sale of the property [shall then be transferred] to the commission and deposited into
1280     the account.
1281          Section 28. Section 24-4-116 is amended to read:
1282          24-4-116. Criminal Forfeiture Restricted Account.
1283          (1) There is created within the General Fund a restricted account known as the
1284     "Criminal Forfeiture Restricted Account."
1285          (2) [Proceeds] Except as provided in Section 24-4-115, the commission shall deposit
1286     any proceeds from forfeited property and forfeited money through [state forfeitures shall be
1287     deposited into the account] a forfeiture proceeding under this chapter into the account.
1288          (3) Money in the account shall be appropriated to the commission for implementing the
1289     program under Section 24-4-117.
1290          Section 29. Section 24-4-117 is amended to read:
1291          24-4-117. State Asset Forfeiture Grant Program.
1292          (1) There is created the State Asset Forfeiture Grant Program.
1293          (2) The program shall fund crime prevention, crime victim reparations, and law
1294     enforcement activities that have the purpose of:
1295          (a) deterring crime by depriving criminals of the profits and proceeds of their illegal
1296     activities;
1297          (b) weakening criminal enterprises by removing the instrumentalities of crime;
1298          (c) reducing crimes involving substance abuse by supporting the creation,
1299     administration, or operation of drug court programs throughout the state;
1300          (d) encouraging cooperation between [local, state, and multijurisdictional law
1301     enforcement] agencies;
1302          (e) allowing the costs and expenses of law enforcement to be defrayed by the forfeited
1303     proceeds of crime;
1304          (f) increasing the equitability and accountability of the use of forfeited property used to
1305     assist [law enforcement] agencies in reducing and preventing crime; and
1306          (g) providing aid to victims of criminally injurious conduct, as defined in Section
1307     63M-7-502, who may be eligible for assistance under Title 63M, Chapter 7, Part 5, Utah Office
1308     for Victims of Crime.
1309          (3) (a) [When property is forfeited under this chapter and transferred to the account,
1310     upon appropriation] Upon appropriation of funds from the account, the commission shall
1311     allocate and administer grants to [state agencies, local law enforcement agencies,
1312     multijurisdictional law enforcement agencies, or political subdivisions] an agency or political
1313     subdivision of the state in compliance with this section and Subsection 24-4-119(2) and to
1314     further the program purposes under Subsection (2).
1315          (b) The commission may retain up to 3% of the annual appropriation from the account
1316     to pay for administrative costs incurred by the commission, including salary and benefits,
1317     equipment, supplies, or travel costs that are directly related to the administration of the
1318     program.
1319          (4) [Agencies or political subdivisions] An agency or political subdivision shall apply
1320     for an award from the program by completing and submitting forms specified by the
1321     commission.
1322          (5) In granting the awards, the commission shall ensure that the amount of each award
1323     takes into consideration the:
1324          (a) demonstrated needs of the agency or political subdivision;
1325          (b) demonstrated ability of the agency or political subdivision to appropriately use the
1326     award;
1327          (c) degree to which the agency's or political subdivision's need is offset through the
1328     agency's or political subdivision's participation in federal equitable sharing or through other
1329     federal and state grant programs; and
1330          (d) agency's or political subdivision's cooperation with other state and local agencies
1331     and task forces.
1332          (6) The commission may award a grant to any agency or political subdivision engaged
1333     in activities associated with Subsection (2) even if the agency has not contributed to the fund.
1334          [(6)] (7) [Applying agencies or political subdivisions] An applying agency or political
1335     subdivision shall demonstrate compliance with all reporting and policy requirements applicable
1336     under this chapter and under Title 63M, Chapter 7, Criminal Justice and Substance Abuse, in
1337     order to qualify as a potential award recipient.
1338          [(7)] (8) (a) [Recipient law enforcement agencies] A recipient agency may only use
1339     award money after approval by the agency's legislative body.
1340          (b) The award money is nonlapsing.
1341          [(8)] (9) A recipient [state agency, local law enforcement agency, multijurisdictional
1342     law enforcement] agency[,] or political subdivision shall use [awards] an award:
1343          (a) only for law enforcement purposes [as] described in this section, or for victim
1344     reparations as described in Subsection (2)(g)[, and only as these]; and
1345          (b) for the purposes [are] specified by the agency or political subdivision in [its] the
1346     agency's or political subdivision's application for the award.
1347          [(9)] (10) [Permissible law enforcement purposes] A permissible law enforcement
1348     purpose for which award money may be used [include] includes:
1349          (a) controlled substance interdiction and enforcement activities;
1350          (b) drug court programs;
1351          (c) activities calculated to enhance future law enforcement investigations;
1352          (d) law enforcement training that includes:
1353          (i) implementation of the Fourth Amendment to the United States Constitution and
1354     Utah Constitution, Article I, Section 7, and that addresses the protection of the individual's
1355     right of due process;
1356          (ii) protection of the rights of innocent property holders; and
1357          (iii) the Tenth Amendment to the United States Constitution regarding states'
1358     sovereignty and the states' reserved rights;
1359          (e) law enforcement or detention facilities;
1360          (f) law enforcement operations or equipment that are not routine costs or operational
1361     expenses;
1362          (g) drug, gang, or crime prevention education programs that are sponsored in whole or
1363     in part by the law enforcement agency or its legislative body;
1364          (h) matching funds for other state or federal law enforcement grants; and
1365          (i) the payment of legal costs, attorney fees, and postjudgment interest in forfeiture
1366     actions.
1367          [(10)] (11) [Law enforcement purposes] A law enforcement purpose for which award
1368     money may not be granted or used [include] includes:
1369          (a) payment of salaries, retirement benefits, or bonuses to any [person] individual;
1370          (b) payment of expenses not related to law enforcement;
1371          (c) uses not specified in the agency's award application;
1372          (d) uses not approved by the agency's legislative body;
1373          (e) payments, transfers, or pass-through funding to [entities other than law enforcement
1374     agencies] an entity other than an agency; or
1375          (f) uses, payments, or expenses that are not within the scope of the agency's functions.
1376          Section 30. Section 24-4-118 is amended to read:
1377          24-4-118. Forfeiture reporting requirements.
1378          (1) [On and after January 1, 2016, every state, county, municipal, or other law
1379     enforcement] An agency shall provide all reasonably available data described in Subsection
1380     (5)[, along with the transfer of any applicable forfeited property]:
1381          (a) [when] if transferring the forfeited property resulting from the final disposition of
1382     any civil or criminal forfeiture matter to the [Commission on Criminal and Juvenile Justice]
1383     commission as required under Subsection 24-4-115(5); or
1384          (b) [when] if the agency has been awarded [any] an equitable share of property
1385     forfeited by the federal government.
1386          (2) The [Commission on Criminal and Juvenile Justice] commission shall develop a
1387     standardized report format that each agency shall use in reporting the data required under this
1388     section.
1389          (3) The [Commission on Criminal and Juvenile Justice] commission shall annually, on
1390     or before April 30, prepare a summary report of the case data submitted by each agency under
1391     Subsection (1) during the prior calendar year.
1392          (4) (a) If an agency does not comply with the reporting requirements under this section,
1393     the [Commission on Criminal and Juvenile Justice] commission shall contact the agency and
1394     request that the agency comply with the required reporting provisions.
1395          (b) If an agency fails to comply with the reporting requirements under this section
1396     within 30 days after receiving the request to comply, the [Commission on Criminal and
1397     Juvenile Justice] commission shall report the noncompliance to the [Utah] attorney general, the
1398     speaker of the House of Representatives, and the president of the Senate.
1399          (5) The data for any civil or criminal forfeiture matter for which final disposition has
1400     been made under Subsection (1) shall include:
1401          (a) the agency that conducted the seizure;
1402          (b) the case number or other identification;
1403          (c) the date or dates on which the seizure was conducted;
1404          (d) the number of individuals having a known property interest in each seizure of
1405     property;
1406          (e) the type of property seized;
1407          (f) the alleged offense that was the cause for seizure of the property;
1408          (g) whether any criminal charges were filed regarding the alleged offense, and if so, the
1409     final disposition of each charge, including the conviction, acquittal, or dismissal, or whether
1410     action on a charge is pending;
1411          (h) the type of enforcement action that resulted in the seizure, including an
1412     enforcement stop, a search warrant, or an arrest warrant;
1413          (i) whether the forfeiture procedure was civil or criminal;
1414          (j) the value of the property seized, including currency and the estimated market value
1415     of any tangible property;
1416          (k) the final disposition of the matter, including whether final disposition was entered
1417     by stipulation of the parties, including the amount of property returned to any claimant, by
1418     default, by summary judgment, by jury award, or by guilty plea or verdict in a criminal
1419     forfeiture;
1420          (l) if the property was forfeited by the federal government, the amount of forfeited
1421     money awarded to the agency;
1422          (m) the agency's direct costs, expense of reporting under this section, and expenses for
1423     obtaining and maintaining the seized property, as described in Subsection 24-4-115(3)(a);
1424          (n) the legal costs and attorney fees paid to the prosecuting attorney, as described in
1425     Subsection 24-4-115(3)(b); and
1426          (o) if the property was transferred to a federal agency or any governmental entity not
1427     created under and subject to state law:
1428          (i) the date of the transfer;
1429          (ii) the name of the federal agency or entity to which the property was transferred;
1430          (iii) a reference to which reason under Subsection [24-4-114(1)(a)] 24-2-106(3)
1431     justified the transfer;
1432          (iv) the court or agency where the forfeiture case was heard;
1433          (v) the date of the order of transfer of the property; and
1434          (vi) the value of the property transferred to the federal agency, including currency and
1435     the estimated market value of any tangible property.
1436          (6) [On and after January 1, 2016, every state, county, municipal, or other law
1437     enforcement] An agency shall annually on or before April 30 submit a report for the prior
1438     calendar year to the [Commission on Criminal and Juvenile Justice which] commission that
1439     states:
1440          (a) whether the agency received an award from the State Asset Forfeiture Grant
1441     Program under Section 24-4-117 and, if so, the following information for each award:
1442          (i) the amount of the award;
1443          (ii) the date of the award;
1444          (iii) how the award was used or is planned to be used; and
1445          (iv) a statement signed by both the agency's executive officer or designee and by the
1446     agency's legal counsel, that:
1447          (A) the agency has complied with all inventory, policy, and reporting requirements
1448     under Section 24-4-117; and
1449          (B) all awards were used for crime reduction or law enforcement purposes as specified
1450     in the application and that the awards were used only upon approval by the agency's legislative
1451     body; and
1452          (b) whether the agency received any property, money, or other things of value
1453     [pursuant to] in accordance with federal law as described in Subsection [24-4-114(2)]
1454     24-2-106(6) and, if so, the following information for each piece of property, money, or other
1455     thing of value:
1456          (i) the case number or other case identification;
1457          (ii) the value of the award and the property, money, or other things of value received by
1458     the agency;
1459          (iii) the date of the award;
1460          (iv) the identity of any federal agency involved in the forfeiture;
1461          (v) how the awarded property has been used or is planned to be used; and
1462          (vi) a statement signed by both the agency's executive officer or designee and by the
1463     agency's legal counsel, that the agency has only used the award for crime reduction or law
1464     enforcement purposes authorized under Section 24-4-117, and that the award was used only
1465     upon approval by the agency's legislative body.
1466          (7) (a) On or before July 1 of each year, the [Commission on Criminal and Juvenile
1467     Justice] commission shall submit notice of the annual reports in Subsection (3) and Subsection
1468     (6), in electronic format, to:
1469          (i) the [Utah] attorney general;
1470          (ii) the speaker of the House of Representatives, for referral to any House standing or
1471     interim committees with oversight over law enforcement and criminal justice;
1472          (iii) the president of the Senate, for referral to any Senate standing or interim
1473     committees with oversight over law enforcement and criminal justice; and
1474          (iv) each law enforcement agency.
1475          (b) The reports described in Subsection (3) and Subsection (6), as well as the
1476     individual case data described in Subsection (1) for the previous calendar year, shall be
1477     published on the Utah Open Government website at open.utah.gov on or before July 15 of each
1478     year.
1479          Section 31. Section 24-4-119 is enacted to read:
1480          24-4-119. Training requirements.
1481          (1) As used in this section:
1482          (a) "Council" means the Utah Prosecution Council created in Section 67-5a-1.
1483          (b) "Division" means the Peace Officers Standards and Training Division created in
1484     Section 53-6-103.
1485          (2) To participate in the program, an agency shall have at least one employee who is
1486     certified by the division as an asset forfeiture specialist through the completion of an online
1487     asset forfeiture course by the division.
1488          (3) The division shall:
1489          (a) develop an online asset forfeiture specialist course that is available to an agency for
1490     certification purposes;
1491          (b) certify an employee of an agency who meets the course requirements to be an asset
1492     forfeiture specialist;
1493          (c) recertify, every 36 months, an employee who is designated as an asset forfeiture
1494     specialist by an agency;
1495          (d) submit annually a report to the commission no later than April 30 that contains a
1496     list of the names of the employees and agencies participating in the certification courses;
1497          (e) review and update the asset forfeiture specialist course each year to comply with
1498     state and federal law; and
1499          (f) provide asset forfeiture training to all peace officers in basic training programs.
1500          (4) To be reimbursed for costs under Subsection 24-4-115(3)(b), a prosecuting agency
1501     shall have at least one employee who is certified by the council as an asset forfeiture specialist
1502     through the completion of an online asset forfeiture course.
1503          (5) The council shall:
1504          (a) develop an online asset forfeiture specialist course that is available to a prosecuting
1505     agency for certification purposes;
1506          (b) certify an employee of a prosecuting agency who meets the course requirements to
1507     be an asset forfeiture specialist;
1508          (c) submit annually a report to the commission no later than April 30 that contains a
1509     list of the names of the employees and prosecuting agencies participating in certification
1510     courses by the council; and
1511          (d) review and update the asset forfeiture specialist course each year to comply with
1512     state and federal law.
1513          Section 32. Section 53-13-110.5 is enacted to read:
1514          53-13-110.5. Retention of records of interviews of minors.
1515          If a peace officer, or the officer's employing agency, records an interview of a minor
1516     during an investigation of a violation of Section 76-5-402.1, 76-5-402.3, 76-5-403.1, or
1517     76-5-404.1, the agency shall retain a copy of the recording for 18 years after the day on which
1518     the last recording of the interview is made, unless the prosecuting attorney requests in writing
1519     that the recording be retained for an additional period of time.
1520          Section 33. Repealer.
1521          This bill repeals:
1522          Section 24-4-107, Innocent owners.
1523          Section 24-4-108, Release of property held for forfeiture on certain grounds.