Senator Wayne A. Harper proposes the following substitute bill:


1     
PROPERTY AND CONTRABAND AMENDMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Wayne A. Harper

5     
House Sponsor: Ken Ivory

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions regarding property and contraband.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     amends provisions regarding the seizure of property and contraband by a
14     conservation officer for the Division of Wildlife Resources;
15          ▸     recodifies Title 24, Forfeiture and Disposition of Property Act, to Title 77, Chapter
16     11a, Seizure of Property and Contraband, Title 77, Chapter 11b, Forfeiture of
17     Seized Property, and Title 77, Chapter 11c, Retention of Evidence;
18          ▸     recodifies Title 53, Chapter 20, Forensic Biological Evidence Preservation, to Title
19     77, Chapter 11c, Retention of Evidence;
20          ▸     recodifies Title 77, Chapter 24a, Lost or Mislaid Personal Property, to Title 77,
21     Chapter 11d, Lost or Mislaid Property;
22          ▸     defines terms;
23          ▸     amends provisions related to the seizure of property and contraband;
24          ▸     amends provisions related to the release of property to an owner, an interest holder,
25     or a person who asserts a claim to property that the agency seeks to forfeit;

26          ▸     amends provisions related to the disposal of seized property and contraband;
27          ▸     amends provisions related to the forfeiture of seized property;
28          ▸     addresses the retention of evidence as an exhibit;
29          ▸     establishes the requirements for retaining evidence of a misdemeanor offense,
30     including the time periods for retention;
31          ▸     provides the requirements for not retaining evidence of a misdemeanor offense,
32     including the preservation of sufficient evidence for a prosecution;
33          ▸     addresses the retention of evidence for felony offenses;
34          ▸     provides the procedure for an agency to request the release or disposal of evidence
35     of a misdemeanor offense from a prosecuting attorney; and
36          ▸     makes technical and conforming changes.
37     Money Appropriated in this Bill:
38          None
39     Other Special Clauses:
40          None
41     Utah Code Sections Affected:
42     AMENDS:
43          13-32a-104, as last amended by Laws of Utah 2022, Chapter 201
44          13-32a-109, as last amended by Laws of Utah 2022, Chapters 201, 274
45          13-32a-116.5, as last amended by Laws of Utah 2022, Chapters 201, 274
46          17-18a-405, as last amended by Laws of Utah 2014, Chapter 189
47          23-20-1, as last amended by Laws of Utah 2013, Chapter 394
48          41-6a-606, as last amended by Laws of Utah 2022, Chapter 176
49          53-5c-201, as last amended by Laws of Utah 2021, Chapter 137
50          53-5c-202, as last amended by Laws of Utah 2021, Chapter 137
51          58-37a-6, as last amended by Laws of Utah 2015, Chapter 258
52          58-37c-15, as last amended by Laws of Utah 2015, Chapter 258
53          58-37d-7, as last amended by Laws of Utah 2015, Chapter 258
54          63A-16-1002, as enacted by Laws of Utah 2022, Chapter 390 and last amended by
55     Coordination Clause, Laws of Utah 2022, Chapter 390
56          63I-1-263, as last amended by Laws of Utah 2022, Chapters 23, 34, 68, 153, 218, 236,

57     249, 274, 296, 313, 361, 362, 417, 419, and 472
58          63J-1-602.1, as last amended by Laws of Utah 2022, Chapters 48, 191, 255, 335, 415,
59     and 451
60          76-5-109.3, as enacted by Laws of Utah 2022, Chapter 181
61          76-6-111, as last amended by Laws of Utah 2021, Chapters 57, 260
62          76-6-501, as last amended by Laws of Utah 2016, Chapter 117
63          76-6-1303, as last amended by Laws of Utah 2015, Chapter 258
64          76-10-503, as last amended by Laws of Utah 2021, Chapter 262
65          76-10-1108, as last amended by Laws of Utah 2015, Chapter 258
66          76-10-1112, as enacted by Laws of Utah 2020, Chapter 291
67          77-37-3, as last amended by Laws of Utah 2022, Chapter 430
68          78B-9-104, as last amended by Laws of Utah 2022, Chapter 120
69     ENACTS:
70          77-11a-302, Utah Code Annotated 1953
71          77-11a-303, Utah Code Annotated 1953
72          77-11b-101, Utah Code Annotated 1953
73          77-11b-104, Utah Code Annotated 1953
74          77-11c-102, Utah Code Annotated 1953
75          77-11c-103, Utah Code Annotated 1953
76          77-11c-201, Utah Code Annotated 1953
77          77-11c-202, Utah Code Annotated 1953
78          77-11c-203, Utah Code Annotated 1953
79     RENUMBERS AND AMENDS:
80          77-11a-101, (Renumbered from 24-1-102, as last amended by Laws of Utah 2022,
81     Chapter 179)
82          77-11a-102, (Renumbered from 24-1-103, as last amended by Laws of Utah 2021,
83     Chapter 230)
84          77-11a-201, (Renumbered from 24-2-102, as last amended by Laws of Utah 2021,
85     Chapter 230)
86          77-11a-202, (Renumbered from 24-2-102.5, as enacted by Laws of Utah 2021, Chapter
87     230)

88          77-11a-203, (Renumbered from 24-2-103, as last amended by Laws of Utah 2021,
89     Chapter 230)
90          77-11a-204, (Renumbered from 24-2-104, as last amended by Laws of Utah 2022,
91     Chapters 120, 274)
92          77-11a-205, (Renumbered from 24-2-105, as last amended by Laws of Utah 2022,
93     Chapter 179)
94          77-11a-301, (Renumbered from 24-2-107, as last amended by Laws of Utah 2022,
95     Chapters 120, 179)
96          77-11a-304, (Renumbered from 24-2-108, as last amended by Laws of Utah 2022,
97     Chapters 120, 179)
98          77-11a-305, (Renumbered from 24-3-104, as last amended by Laws of Utah 2021,
99     Chapter 230)
100          77-11a-401, (Renumbered from 24-3-101.5, as last amended by Laws of Utah 2022,
101     Chapters 120, 274)
102          77-11a-402, (Renumbered from 24-3-103, as last amended by Laws of Utah 2021,
103     Chapter 230)
104          77-11a-403, (Renumbered from 24-3-103.5, as enacted by Laws of Utah 2017, Chapter
105     334)
106          77-11b-102, (Renumbered from 24-4-102, as last amended by Laws of Utah 2022,
107     Chapters 116, 274)
108          77-11b-103, (Renumbered from 24-4-106, as enacted by Laws of Utah 2013, Chapter
109     394)
110          77-11b-105, (Renumbered from 24-4-119, as enacted by Laws of Utah 2021, Chapter
111     230)
112          77-11b-201, (Renumbered from 24-4-103, as last amended by Laws of Utah 2022,
113     Chapter 179)
114          77-11b-202, (Renumbered from 24-4-103.3, as last amended by Laws of Utah 2022,
115     Chapter 120)
116          77-11b-203, (Renumbered from 24-4-103.5, as last amended by Laws of Utah 2022,
117     Chapter 120)
118          77-11b-204, (Renumbered from 24-4-111, as last amended by Laws of Utah 2021,

119     Chapter 230)
120          77-11b-301, (Renumbered from 24-4-105, as last amended by Laws of Utah 2022,
121     Chapter 179)
122          77-11b-302, (Renumbered from 24-4-104, as last amended by Laws of Utah 2021,
123     Chapter 230)
124          77-11b-303, (Renumbered from 24-4-113, as last amended by Laws of Utah 2021,
125     Chapter 230)
126          77-11b-304, (Renumbered from 24-4-109, as last amended by Laws of Utah 2021,
127     Chapter 230)
128          77-11b-305, (Renumbered from 24-4-110, as last amended by Laws of Utah 2021,
129     Chapter 230)
130          77-11b-306, (Renumbered from 24-4-112, as last amended by Laws of Utah 2021,
131     Chapter 230)
132          77-11b-401, (Renumbered from 24-4-115, as last amended by Laws of Utah 2022,
133     Chapter 179)
134          77-11b-402, (Renumbered from 24-4-116, as last amended by Laws of Utah 2021,
135     Chapter 230)
136          77-11b-403, (Renumbered from 24-4-117, as last amended by Laws of Utah 2021,
137     Chapter 230)
138          77-11b-404, (Renumbered from 24-4-118, as last amended by Laws of Utah 2022,
139     Chapter 274)
140          77-11c-101, (Renumbered from 53-20-101, as enacted by Laws of Utah 2022, Chapter
141     120)
142          77-11c-301, (Renumbered from 24-2-106, as last amended by Laws of Utah 2022,
143     Chapter 120)
144          77-11c-401, (Renumbered from 53-20-102, as enacted by Laws of Utah 2022, Chapter
145     120)
146          77-11c-402, (Renumbered from 53-20-103, as enacted by Laws of Utah 2022, Chapter
147     120)
148          77-11c-403, (Renumbered from 53-20-104, as enacted by Laws of Utah 2022, Chapter
149     120)

150          77-11d-101, (Renumbered from 77-24a-1, as repealed and reenacted by Laws of Utah
151     2013, Chapter 394)
152          77-11d-102, (Renumbered from 77-24a-2, as last amended by Laws of Utah 2013,
153     Chapter 394)
154          77-11d-103, (Renumbered from 77-24a-3, as last amended by Laws of Utah 2013,
155     Chapter 394)
156          77-11d-104, (Renumbered from 77-24a-4, as last amended by Laws of Utah 2013,
157     Chapter 394)
158          77-11d-105, (Renumbered from 77-24a-5, as last amended by Laws of Utah 2013,
159     Chapter 394)
160     REPEALS:
161          24-1-101, as enacted by Laws of Utah 2013, Chapter 394
162          24-2-101, as enacted by Laws of Utah 2013, Chapter 394
163          24-3-101, as last amended by Laws of Utah 2021, Chapter 230
164          24-4-101, as last amended by Laws of Utah 2021, Chapter 230
165     

166     Be it enacted by the Legislature of the state of Utah:
167          Section 1. Section 13-32a-104 is amended to read:
168          13-32a-104. Tickets required to be maintained -- Contents -- Identification of
169     items -- Exceptions -- Prohibition against pawning or selling certain property.
170          (1) A pawn or secondhand business shall keep a ticket for property a person pawns or
171     sells to the pawn or secondhand business. A pawn or secondhand business shall document on
172     the ticket the following information regarding the property:
173          (a) the date and time of the transaction;
174          (b) whether the transaction is a pawn or purchase;
175          (c) the ticket number;
176          (d) the date by which the property must be redeemed, if the property is pawned;
177          (e) the following information regarding the individual who pawns or sells the property:
178          (i) the individual's full name and date of birth as they appear on the individual's
179     identification and the individual's residence address and telephone number;
180          (ii) the unique number and type of identification presented to the pawn or secondhand

181     business;
182          (iii) the individual's signature; and
183          (iv) (A) subject to any rule made under Subsection (8), an electronic or tangible legible
184     fingerprint of the individual's right index finger, or if the right index finger cannot be
185     fingerprinted, a legible fingerprint of the individual with a notation identifying the fingerprint
186     and the reason why the right index fingerprint was unavailable; and
187          (B) notwithstanding the other provisions of this Subsection (1), an electronic legible
188     fingerprint is not required to be documented on the ticket;
189          (f) the amount loaned on, paid for, or value for trade-in of each article of property;
190          (g) the full name of the individual conducting the pawn transaction or secondhand
191     merchandise transaction on behalf of the pawn or secondhand business or the initials or a
192     unique identifying number of the individual, if the pawn or secondhand business maintains a
193     record of the initials or unique identifying number of the individual; and
194          (h) an accurate description of each article of property, with available identifying marks,
195     including:
196          (i) (A) names, brand names, numbers, serial numbers, model numbers, IMEI numbers,
197     color, manufacturers' names, and size;
198          (B) metallic composition, and any jewels, stones, or glass;
199          (C) any other marks of identification or indicia of ownership on the property;
200          (D) the weight of the property, if the payment is based on weight;
201          (E) any other unique identifying feature; and
202          (F) gold content, if indicated; or
203          (ii) if multiple articles of property of a similar nature are delivered together in one
204     transaction and the articles of property do not bear serial or model numbers and do not include
205     precious metals or gemstones, such as musical or video recordings, books, or hand tools, the
206     description of the articles is adequate if it includes the quantity of the articles and a description
207     of the type of articles delivered.
208          (2) (a) A pawn or secondhand business may not accept property if, upon inspection, it
209     is apparent that:
210          (i) a serial number or another form of indicia of ownership has been removed, altered,
211     defaced, or obliterated;

212          (ii) the property is not a numismatic item and has indicia of being new, but is not
213     accompanied by a written receipt or other satisfactory proof of ownership other than the seller's
214     own statement; or
215          (iii) except as provided in Subsection 13-32a-103.1(3), the property is a gift card,
216     transaction card, or other physical or digital card or certificate evidencing store credit.
217          (b) A pawn or secondhand business is not subject to Subsection (2)(a)(ii) if the pawn or
218     secondhand business is the original seller of the property and is accepting a return of the
219     property as provided by the pawn or secondhand business' established return policy.
220          (c) Property is presumed to have had indicia of being new at the time of a transaction if
221     the property is subsequently advertised by the pawn or secondhand business as being new.
222          (3) (a) An individual may not pawn or sell any property to a business regulated under
223     this chapter if the property is subject to being turned over to a law enforcement agency in
224     accordance with [Title 77, Chapter 24a, Lost or Mislaid Personal Property] Title 77, Chapter
225     11d, Lost or Mislaid Property.
226          (b) If an individual attempts to sell or pawn property to a business regulated under this
227     chapter and the employee or owner of the business knows or has reason to know that the
228     property is subject to [Title 77, Chapter 24a, Lost or Mislaid Personal Property] Title 77,
229     Chapter 11d, Lost or Mislaid Property, the employee or owner shall advise the individual of the
230     requirements of [Title 77, Chapter 24a, Lost or Mislaid Personal Property] Title 77, Chapter
231     11d, Lost or Mislaid Property, and may not receive the property in pawn or sale.
232          (4) A coin dealer is subject to Section 13-32a-104.5 and not subject to this section.
233          (5) An automated recyling kiosk operator is subject to Section 13-32a-104.6 and is not
234     subject to this section.
235          (6) A catalytic converter purchaser is subject to Section 13-32a-104.7 and is not subject
236     to this section.
237          (7) A violation of this section is a class B misdemeanor and is also subject to civil
238     penalties under Section 13-32a-110.
239          (8) The division shall establish standards and criteria for fingerprint legibility by rule
240     made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
241          (9) (a) As used in this Subsection (9), "jewelry" means:
242          (i) any jewelry purchased by the pawn or secondhand business, including scrap jewelry

243     and watches; or
244          (ii) any jewelry pawned to a pawnbroker and the contract period between the
245     pawnbroker and the pledgor has expired, including scrap jewelry and watches.
246          (b) On and after January 1, 2020, a pawn or secondhand business shall obtain:
247          (i) a color digital photograph clearly and accurately depicting:
248          (A) each item of jewelry; and
249          (B) if an item of jewelry has one or more engravings, an additional color digital
250     photograph specifically depicting any engraving; and
251          (ii) a color digital photograph of an item that bears an identifying mark, including:
252          (A) a serial number, engraving, owner label, or similar identifying mark; and
253          (B) an additional photograph that clearly depicts the identifying mark described in
254     Subsection (9)(b)(ii)(A).
255          Section 2. Section 13-32a-109 is amended to read:
256          13-32a-109. Holding period for property -- Return of property -- Penalty.
257          (1) (a) A pawnbroker may sell property pawned to the pawnbroker if:
258          (i) 15 calendar days have passed after the day on which the pawnbroker submits the
259     information and any required photograph to the central database;
260          (ii) the contract period between the pawnbroker and the pledgor expires; and
261          (iii) the pawnbroker has complied with Sections 13-32a-104 and 13-32a-106.
262          (b) If property, including scrap jewelry, is purchased by a pawn or secondhand business
263     or catalytic converter purchaser, the pawn or secondhand business or catalytic converter
264     purchaser may sell the property if the pawn or secondhand business or catalytic converter
265     purchaser has held the property for 15 calendar days after the day on which the pawn or
266     secondhand business or catalytic converter purchaser submits the information to the central
267     database, and complied with Sections 13-32a-104, 13-32a-104.6, 13-32a-104.7, and
268     13-32a-106, except that the pawn or secondhand business is not required to hold precious
269     metals or numismatic items under this Subsection (1)(b).
270          (c) (i) This Subsection (1) does not preclude a law enforcement agency from requiring
271     a pawn or secondhand business or catalytic converter purchaser to hold property if necessary in
272     the course of an investigation.
273          (ii) If the property is pawned, the law enforcement agency may require the property be

274     held beyond the terms of the contract between the pledgor and the pawnbroker.
275          (iii) If the property is sold to the pawn or secondhand business or catalytic converter
276     purchaser, the law enforcement agency may require the property be held if the pawn or
277     secondhand business or catalytic converter purchaser has not sold the article.
278          (d) If the law enforcement agency requesting a hold on property under this Subsection
279     (1) is not the local law enforcement agency, the requesting law enforcement agency shall notify
280     the local law enforcement agency of the request and also the pawn or secondhand business or
281     catalytic converter purchaser.
282          (2) If a law enforcement agency requires the pawn or secondhand business or catalytic
283     converter purchaser to hold property as part of an investigation, the law enforcement agency
284     shall provide to the pawn or secondhand business or catalytic converter purchaser a hold form
285     issued by the law enforcement agency, that:
286          (a) states the active case number;
287          (b) confirms the date of the hold request and the property to be held; and
288          (c) facilitates the ability of the pawn or secondhand business or catalytic converter
289     purchaser to track the property when the prosecution takes over the case.
290          (3) If property is not seized by a law enforcement agency that has placed a hold on the
291     property, the property shall remain in the custody of the pawn or secondhand business or
292     catalytic converter purchaser until further disposition by the law enforcement agency, and in
293     accordance with this chapter.
294          (4) (a) The initial hold by a law enforcement agency is for a period of 90 days.
295          (b) If the property is not seized by the law enforcement agency, the property shall
296     remain in the custody of the pawn or secondhand business or catalytic converter purchaser and
297     is subject to the hold unless exigent circumstances require the property to be seized by the law
298     enforcement agency.
299          (5) (a) A law enforcement agency may extend any hold for up to an additional 90 days
300     if circumstances require the extension.
301          (b) If there is an extension of a hold under Subsection (5)(a), the requesting law
302     enforcement agency shall notify the pawn or secondhand business or catalytic converter
303     purchaser that is subject to the hold before the expiration of the initial 90 days.
304          (c) A law enforcement agency may not hold an item for more than the 180 days

305     allowed under Subsections (5)(a) and (b) without obtaining a court order authorizing the hold.
306          (6) A hold on property under Subsection (2) takes precedence over any request to claim
307     or purchase the property subject to the hold.
308          (7) If an original victim who has complied with Section 13-32a-115 has not been
309     identified and the hold or seizure of the property is terminated, the law enforcement agency
310     requiring the hold or seizure shall within 15 business days after the day on which the
311     termination occurs:
312          (a) notify the pawn or secondhand business or catalytic converter purchaser in writing
313     that the hold or seizure has been terminated;
314          (b) return the property subject to the seizure to the pawn or secondhand business or
315     catalytic converter purchaser; or
316          (c) if the property is not returned to the pawn or secondhand business or catalytic
317     converter purchaser, advise the pawn or secondhand business or catalytic converter purchaser
318     either in writing or electronically of the specific alternative disposition of the property.
319          (8) (a) If the original victim who has complied with Section 13-32a-115 has been
320     identified and the hold or seizure of property is terminated, the law enforcement agency
321     requiring the hold or seizure shall:
322          (i) document the original victim who has positively identified the property; and
323          (ii) provide the documented information concerning the original victim to the
324     prosecuting agency to determine whether continued possession of the property is necessary for
325     purposes of prosecution[, as provided in Section 24-3-103] in accordance with Section
326     77-11a-301.
327          (b) If the prosecuting agency determines that continued possession of the property is
328     not necessary for purposes of prosecution[, as provided in Section 24-3-103], the prosecuting
329     agency shall provide a written or electronic notification to the law enforcement agency that
330     authorizes the return of the property to an original victim who has complied with Section
331     13-32a-115.
332          (c) (i) A law enforcement agency shall promptly provide notice to the pawn or
333     secondhand business or catalytic converter purchaser of the authorized return of the property
334     under this Subsection (8).
335          (ii) The notice shall identify the original victim, advise the pawn or secondhand

336     business or catalytic converter purchaser that the original victim has identified the property,
337     and direct the pawn or secondhand business or catalytic converter purchaser to release the
338     property to the original victim at no cost to the original victim.
339          (iii) If the property was seized, the notice shall advise that the property will be returned
340     to the original victim within 15 days after the day on which the pawn or secondhand business
341     or catalytic converter purchaser receives the notice, except as provided under Subsection (8)(d).
342          (d) The pawn or secondhand business or catalytic converter purchaser shall release
343     property under Subsection (8)(c) unless within 15 days after the day on which the notice is
344     received the pawn or secondhand business or catalytic converter purchaser complies with
345     Section 13-32a-116.5.
346          (9) (a) If the law enforcement agency does not notify the pawn or secondhand business
347     or catalytic converter purchaser that a hold on the property has expired, the pawn or
348     secondhand business or catalytic converter purchaser shall send a letter by registered or
349     certified mail to the law enforcement agency that ordered the hold and inform the agency that
350     the holding period has expired.
351          (b) The law enforcement agency shall respond within 30 days by:
352          (i) confirming that the hold period has expired and that the pawn or secondhand
353     business or catalytic converter purchaser may manage the property as if acquired in the
354     ordinary course of business; or
355          (ii) providing written notice to the pawn or secondhand business or catalytic converter
356     purchaser that a court order has continued the period of time for which the item shall be held.
357          (10) The written notice under Subsection (9)(b)(ii) is considered provided when:
358          (a) personally delivered to the pawn or secondhand business or catalytic converter
359     purchaser with a signed receipt of delivery;
360          (b) delivered to the pawn or secondhand business or catalytic converter purchaser by
361     registered or certified mail; or
362          (c) delivered by any other means with the mutual assent of the law enforcement agency
363     and the pawn or secondhand business or catalytic converter purchaser.
364          (11) If the law enforcement agency does not respond within 30 days under Subsection
365     (9), the pawn or secondhand business or catalytic converter purchaser may manage the property
366     as if acquired in the ordinary course of business.

367          (12) A violation of this section is a class B misdemeanor and is also subject to civil
368     penalties under Section 13-32a-110.
369          Section 3. Section 13-32a-116.5 is amended to read:
370          13-32a-116.5. Contested disposition of property - Procedure.
371          (1) If a pawn or secondhand business or catalytic converter purchaser receives notice
372     from a law enforcement agency under Section 13-32a-109 that property that is the subject of a
373     hold or seizure shall be returned to an identified original victim, the pawn or secondhand
374     business or catalytic converter purchaser may contest the determination and seek a specific
375     alternative disposition if within 15 business days after the day on which the pawn or
376     secondhand business or catalytic converter purchaser receives the notice:
377          (a) the pawn or secondhand business or catalytic converter purchaser gives notice to
378     the identified original victim, by certified mail, that the pawn or secondhand business or
379     catalytic converter purchaser contests the determination to return the property to the original
380     victim; and
381          (b) the pawn or secondhand business or catalytic converter purchaser files a petition in
382     a court having jurisdiction over the matter to determine rightful ownership of the property as
383     provided in Section [24-3-104] 77-11a-305.
384          (2) A pawn or secondhand business or catalytic converter purchaser is guilty of a class
385     B misdemeanor if the pawn or secondhand business or catalytic converter purchaser:
386          (a) holds or sells property in violation of a notification from a law enforcement agency
387     that the property is to be returned to an original victim; and
388          (b) does not comply with the requirements of this section within the time periods
389     specified.
390          Section 4. Section 17-18a-405 is amended to read:
391          17-18a-405. Civil responsibilities of public prosecutors.
392          A public prosecutor may act as legal counsel to the state, county, government agency,
393     or government entity regarding the following matters of civil law:
394          (1) bail bond forfeiture actions;
395          (2) actions for the forfeiture of property or contraband, as provided in [Title 24,
396     Forfeiture and Disposition of Property Act] Title 77, Chapter 11b, Forfeiture of Seized
397     Property;

398          (3) civil actions incidental to or appropriate to supplement a public prosecutor's duties,
399     including an injunction, a habeas corpus, a declaratory action, or an extraordinary writ action,
400     in which the interests of the state may be affected; and
401          (4) any other civil duties related to criminal prosecution that are otherwise provided by
402     statute.
403          Section 5. Section 23-20-1 is amended to read:
404          23-20-1. Enforcement authority of conservation officers -- Seizure and disposition
405     of property.
406          [(1) Conservation officers of the division shall enforce the provisions of this title with
407     the same authority and following the same procedures as other law enforcement officers.]
408          [(2) (a) Conservation officers shall seize any protected wildlife illegally taken or held.]
409          [(b) (i) Upon determination of a defendant's guilt by the court, the protected wildlife
410     shall be confiscated by the court and sold or otherwise disposed of by the division.]
411          [(ii) Proceeds of the sales shall be deposited in the Wildlife Resources Account.]
412          [(iii) Migratory wildfowl may not be sold, but shall be given to a charitable institution
413     or used for other charitable purposes.]
414          [(3) (a) Conservation officers may seize and impound a vehicle used for the unlawful
415     taking or possessing of protected wildlife for any of the following purposes:]
416          [(i) to provide for the safekeeping of the vehicle, if the owner or operator is arrested;]
417          [(ii) to search the vehicle as provided in Subsection (2)(a) or as provided by a search
418     warrant; or]
419          [(iii) to inspect the vehicle for evidence that protected wildlife was unlawfully taken or
420     possessed.]
421          [(b) The division shall store any seized vehicle in a public or private garage, state
422     impound lot, or other secured storage facility.]
423          [(4) A seized vehicle shall be released]
424          (1) A conservation officer shall enforce the provisions of this title in accordance with
425     the same procedures and requirements for a law enforcement officer of this state.
426          (2) (a) Except as provided in Subsection (2)(b), a conservation officer may seize
427     property or contraband in accordance with Title 77, Chapter 11a, Seizure of Property and
428     Contraband, and Title 77, Chapter 11b, Forfeiture of Seized Property.

429          (b) A conservation officer shall seize protected wildlife illegally taken or held.
430          (3) (a) If a conservation officer seizes wildlife as part of an investigation or prosecution
431     of an offense and the wildlife may reasonably be used to incriminate or exculpate a person for
432     the offense, the division is not required to retain the wildlife under Title 77, Chapter 11c,
433     Retention of Evidence.
434          (b) If the division does not retain wildlife under Subsection (3)(a), the division is
435     required to preserve sufficient evidence from the wildlife for use as evidence in the prosecution
436     of a person for the offense.
437          (4) (a) If a conservation officer seizes wildlife and the wildlife or parts of the wildlife
438     are perishable, the division may donate the wildlife or parts of the wildlife to be used for
439     charitable purposes.
440          (b) If wildlife or parts of the wildlife are perishable and are not fit to be donated for
441     charitable purposes under Subsection (4)(a), the division may dispose of the wildlife or parts of
442     the wildlife in a reasonable manner.
443          (5) (a) The court may order the division to sell or dispose of protected wildlife that is
444     seized by a conservation officer if the division is permitted by law to sell or dispose of the
445     wildlife.
446          (b) The division may not sell migratory wildfowl but the division shall donate the
447     migratory wildfowl to be used for charitable purposes.
448          (c) The division shall deposit the proceeds from the sale of protected wildlife into the
449     Wildlife Resources Account.
450          (6) If the division disposes of wildlife, the court may order the division to:
451          (a) provide the owner of the disposed wildlife with wildlife that is reasonably
452     equivalent in value to the disposed wildlife within 180 days after the day on which the court
453     enters the order; or
454          (b) if the division is unable to obtain wildlife that is reasonably equivalent in value to
455     the disposed wildlife, pay the owner of the disposed wildlife for the non-trophy value of the
456     disposed wildlife in accordance with Subsection 23-20-4.5(2) within 180 days after the day on
457     which the court enters the order.
458          (7) (a) If a conservation officer seizes a vehicle under Section 77-11a-201, the division
459     shall store the seized vehicle in a public or private garage, state impound lot, or any other

460     secured storage facility.
461          (b) The division shall release a seized vehicle to the owner no later than 30 days after
462     the [date] day on which the vehicle is seized, unless the vehicle was used for the unlawful
463     taking or possessing of wildlife by a person [who is charged with committing a felony under
464     this title] charged with a felony under this title.
465          [(5)] (c) [(a)] The owner of a seized vehicle is liable for the payment of any impound
466     fee if:
467          (i) the owner used the vehicle for the unlawful taking or possessing of wildlife [and is
468     found by a court to be guilty of a violation of this title.]; and
469          (ii) the owner is convicted of an offense under this title.
470          [(b)] (d) The owner of a seized vehicle is not liable for the payment of any impound fee
471     or, if the fees have been paid, is entitled to reimbursement of the fees paid, if:
472          (i) no charges are filed or all charges are dropped [which] that involve the use of the
473     vehicle for the unlawful taking or possessing of wildlife;
474          (ii) the person charged with using the vehicle for the unlawful taking or possessing of
475     wildlife is found by a court to be not guilty; or
476          (iii) the owner did not consent to a use of the vehicle [which] that violates this chapter.
477          Section 6. Section 41-6a-606 is amended to read:
478          41-6a-606. Speed contest or exhibition on highway -- Barricade or obstruction --
479     -- Spectators of a speed contest -- Seizure of non-street legal vehicles.
480          (1) A person may not engage in any motor vehicle speed contest or exhibition of speed
481     on a highway.
482          (2) A person may not, in any manner, obstruct or place any barricade or obstruction or
483     assist or participate in placing any barricade or obstruction upon any highway for any purpose
484     prohibited under Subsection (1).
485          (3) (a) A person who violates Subsection (1) is guilty of a class A misdemeanor.
486          (b) A person who violates Subsection (2) is guilty of a class B misdemeanor.
487          (4) (a) In addition to the penalty provided under this section or any other section, a
488     person who violates Subsection (1) shall have the person's driver license suspended under
489     Subsection 53-3-220(1)(a)(xv) for a period of:
490          (i) 60 days for a first offense; and

491          (ii) 90 days for a second offense within three years of a prior offense.
492          (b) The court shall forward the report of the conviction to the Driver License Division
493     in accordance with Section 53-3-218.
494          (5) A motor vehicle that is not street legal that is operated or used in a manner that
495     violates this section is subject to seizure in accordance with [Title 24, Chapter 2, Seizure of
496     Property] Title 77, Chapter 11a, Part 2, Seizure of Property and Contraband.
497          Section 7. Section 53-5c-201 is amended to read:
498          53-5c-201. Voluntary commitment of a firearm by cohabitant -- Law enforcement
499     to hold firearm.
500          (1) As used in this section:
501          (a) "Cohabitant" means any individual 18 years old or older residing in the home who:
502          (i) is living as if a spouse of the owner cohabitant;
503          (ii) is related by blood or marriage to the owner cohabitant;
504          (iii) has one or more children in common with the owner cohabitant; or
505          (iv) has an interest in the safety and well-being of the owner cohabitant.
506          (b) "Owner cohabitant" means an individual:
507          (i) in relation to a cohabitant as described in Subsection (1)(a); and
508          (ii) who owns a firearm.
509          (2) (a) A cohabitant or owner cohabitant may voluntarily commit a firearm to a law
510     enforcement agency or request that a law enforcement officer receive a firearm for safekeeping
511     if the owner cohabitant or cohabitant believes that the owner cohabitant or another cohabitant
512     with access to the firearm is an immediate threat to:
513          (i) himself or herself;
514          (ii) the owner cohabitant; or
515          (iii) any other person.
516          (b) If the owner of a firearm requests return of the firearm in person at the law
517     enforcement agency's office, the law enforcement agency:
518          (i) may not hold the firearm under this section; and
519          (ii) shall return the firearm to the owner.
520          (3) Unless a firearm is an illegal firearm subject to Section 53-5c-202, a law
521     enforcement agency that receives a firearm in accordance with this chapter shall:

522          (a) record:
523          (i) the owner cohabitant's name, address, and phone number;
524          (ii) the firearm serial number and the make and model of each firearm committed; and
525          (iii) the date that the firearm was voluntarily committed;
526          (b) require the cohabitant to sign a document attesting that the cohabitant resides in the
527     home;
528          (c) hold the firearm in safe custody for 60 days after the day on which the firearm is
529     voluntarily committed; and
530          (d) upon proof of identification, return the firearm to:
531          (i) (A) the owner cohabitant after the expiration of the 60-day period; or
532          (B) if the owner cohabitant requests return of the firearm before the expiration of the
533     60-day period, at the time of the request; or
534          (ii) an owner other than the owner cohabitant in accordance with Section 53-5c-202.
535          (4) The law enforcement agency shall hold the firearm for an additional 60 days:
536          (a) if the initial 60-day period expires; and
537          (b) the cohabitant or owner cohabitant requests that the law enforcement agency hold
538     the firearm for an additional 60 days.
539          (5) A law enforcement agency may not request or require that the owner cohabitant
540     provide the name or other information of the cohabitant who poses an immediate threat or any
541     other cohabitant.
542          (6) Notwithstanding an ordinance or policy to the contrary adopted in accordance with
543     Section 63G-2-701, a law enforcement agency shall destroy a record created under Subsection
544     (3), Subsection 53-5c-202(3)(b)(iii), or any other record created in the application of this
545     chapter immediately, if practicable, but no later than five days after immediately upon the:
546          (a) return of a firearm in accordance with Subsection (3)(d); or
547          (b) disposal of the firearm in accordance with Section 53-5c-202.
548          (7) Unless otherwise provided, the provisions of [Title 77, Chapter 24a, Lost or
549     Mislaid Personal Property] Title 77, Chapter 11d, Lost or Mislaid Property, do not apply to a
550     firearm received by a law enforcement agency in accordance with this chapter.
551          (8) A law enforcement agency shall adopt a policy for the safekeeping of a firearm held
552     in accordance with this chapter.

553          Section 8. Section 53-5c-202 is amended to read:
554          53-5c-202. Illegal firearms confiscated -- Disposition of unclaimed firearm.
555          (1) If a law enforcement agency receives a firearm in accordance with Section
556     53-5c-201, and the firearm is an illegal firearm, the law enforcement agency shall:
557          (a) notify the owner cohabitant attempting to voluntarily commit the firearm that the
558     firearm is an illegal firearm; and
559          (b) confiscate the firearm and dispose of the firearm in accordance with Section
560     [24-3-103.5] 77-11a-403.
561          (2) (a) If a law enforcement agency cannot, after a reasonable attempt, locate an owner
562     cohabitant to return a firearm in accordance with Section 53-5c-201, the law enforcement
563     agency shall dispose of the firearm in accordance with Section [24-3-103.5] 77-11a-403.
564          (b) A law enforcement agency may not dispose of a firearm under Subsection (2)(a)
565     before one year after the day on which the cohabitant initially voluntarily committed the
566     firearm in accordance with Section 53-5c-201.
567          (3) (a) If a person other than an owner cohabitant claims ownership of the firearm, the
568     person may:
569          (i) request that the law enforcement agency return the firearm in accordance with
570     Subsection (3)(b); or
571          (ii) petition the court for the firearm's return in accordance with Subsection (3)(c).
572          (b) Except as provided in Section 53-5c-201, the law enforcement agency shall return a
573     firearm to a person other than an owner cohabitant who claims ownership of the firearm if:
574          (i) the 60-day period described in Section 53-5c-201 has expired;
575          (ii) the person provides identification; and
576          (iii) the person signs a document attesting that the person has an ownership interest in
577     the firearm.
578          (c) After sufficient notice is given to the prosecutor, the court may order that the
579     firearm be:
580          (i) returned to the rightful owner as determined by the court; or
581          (ii) disposed of in accordance with Section [24-3-103.5] 77-11a-403.
582          (d) A law enforcement agency shall return a firearm ordered returned to the rightful
583     owner as expeditiously as possible after a court determination.

584          Section 9. Section 58-37a-6 is amended to read:
585          58-37a-6. Seizure -- Forfeiture -- Property rights.
586          Drug paraphernalia is subject to seizure and forfeiture in accordance with the
587     procedures and substantive protections of [Title 24, Forfeiture and Disposition of Property Act]
588     Title 77, Chapter 11a, Seizure of Property and Contraband, and Title 77, Chapter 11b,
589     Forfeiture of Seized Property.
590          Section 10. Section 58-37c-15 is amended to read:
591          58-37c-15. Civil forfeiture.
592          The following shall be subject to forfeiture in accordance with the procedures and
593     substantive protections of [Title 24, Forfeiture and Disposition of Property Act] Title 77,
594     Chapter 11b, Forfeiture of Seized Property:
595          (1) all listed controlled substance precursor chemicals regulated under the provisions of
596     this chapter which have been distributed, possessed, or are intended to be distributed or
597     otherwise transferred in violation of any felony provision of this chapter; and
598          (2) all property used by any person to facilitate, aid, or otherwise cause the unlawful
599     distribution, transfer, possession, or intent to distribute, transfer, or possess a listed controlled
600     substance precursor chemical in violation of any felony provision of this chapter.
601          Section 11. Section 58-37d-7 is amended to read:
602          58-37d-7. Seizure and forfeiture.
603          Chemicals, equipment, supplies, vehicles, aircraft, vessels, and personal and real
604     property used in furtherance of a clandestine laboratory operation are subject to seizure and
605     forfeiture under the procedures and substantive protections of [Title 24, Forfeiture and
606     Disposition of Property Act] Title 77, Chapter 11a, Seizure of Property and Contraband, and
607     Title 77, Chapter 11b, Forfeiture of Seized Property.
608          Section 12. Section 63A-16-1002 is amended to read:
609          63A-16-1002. Criminal Justice Database.
610          (1) The commission shall oversee the creation and management of a Criminal Justice
611     Database for information and data required to be reported to the commission, organized by
612     county, and accessible to all criminal justice agencies in the state.
613          (2) The division shall assist with the development and management of the database.
614          (3) The division, in collaboration with the commission, shall create:

615          (a) master standards and formats for information submitted to the database;
616          (b) a portal, bridge, website, or other method for reporting entities to provide the
617     information;
618          (c) a master data management index or system to assist in the retrieval of information
619     in the database;
620          (d) a protocol for accessing information in the database that complies with state
621     privacy regulations; and
622          (e) a protocol for real-time audit capability of all data accessed through the portal by
623     participating data source, data use entities, and regulators.
624          (4) Each criminal justice agency charged with reporting information to the commission
625     shall provide the data or information to the database in a form prescribed by the commission.
626          (5) The database shall be the repository for the statutorily required data described in:
627          (a) Section 13-53-111, recidivism reporting requirements;
628          (b) Section 17-22-32, county jail reporting requirements;
629          (c) Section 17-55-201, Criminal Justice Coordinating Councils reporting;
630          (d) Section [24-4-118] 77-11b-404, forfeiture reporting requirements;
631          (e) Section 41-6a-511, courts to collect and maintain data;
632          (f) Section 63M-7-214, law enforcement agency grant reporting;
633          (g) Section 63M-7-216, prosecutorial data collection;
634          (h) Section 64-13-21, supervision of sentenced offenders placed in community;
635          (i) Section 64-13-25, standards for programs;
636          (j) Section 64-13-45, department reporting requirements;
637          (k) Section 64-13e-104, housing of state probationary inmates or state parole inmates;
638          (l) Section 77-7-8.5, use of tactical groups;
639          (m) Section 77-20-103, release data requirements;
640          (n) Section 77-22-2.5, court orders for criminal investigations;
641          (o) Section 78A-2-109.5, court demographics reporting; and
642          (p) any other statutes which require the collection of specific data and the reporting of
643     that data to the commission.
644          (6) The commission shall report:
645          (a) progress on the database, including creation, configuration, and data entered, to the

646     Law Enforcement and Criminal Justice Interim Committee not later than November 2022; and
647          (b) all data collected as of December 31, 2022, to the Law Enforcement and Criminal
648     Justice Interim Committee, the House Law Enforcement and Criminal Justice Standing
649     Committee, and the Senate Judiciary, Law Enforcement and Criminal Justice Standing
650     Committee not later than January 16, 2023.
651          Section 13. Section 63I-1-263 is amended to read:
652          63I-1-263. Repeal dates: Titles 63A to 63N.
653          (1) Subsection 63A-5b-405(5), relating to prioritizing and allocating capital
654     improvement funding, is repealed July 1, 2024.
655          (2) Section 63A-5b-1003, State Facility Energy Efficiency Fund, is repealed July 1,
656     2023.
657          (3) Sections 63A-9-301 and 63A-9-302, related to the Motor Vehicle Review
658     Committee, are repealed July 1, 2023.
659          (4) In relation to the Utah Transparency Advisory Board, on January 1, 2025:
660          (a) Section 63A-18-102 is repealed;
661          (b) Section 63A-18-201 is repealed; and
662          (c) Section 63A-18-202 is repealed.
663          (5) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July
664     1, 2028.
665          (6) Title 63C, Chapter 6, Utah Seismic Safety Commission, is repealed January 1,
666     2025.
667          (7) Title 63C, Chapter 12, Snake Valley Aquifer Advisory Council, is repealed July 1,
668     2024.
669          (8) Title 63C, Chapter 17, Point of the Mountain Development Commission Act, is
670     repealed July 1, 2023.
671          (9) Title 63C, Chapter 18, Behavioral Health Crisis Response Commission, is repealed
672     July 1, 2023.
673          (10) Title 63C, Chapter 23, Education and Mental Health Coordinating Council, is
674     repealed July 1, 2026.
675          (11) Title 63C, Chapter 27, Cybersecurity Commission, is repealed July 1, 2032.
676          (12) Title 63C, Chapter 28, Ethnic Studies Commission, is repealed July 1, 2026.

677          (13) Section 63G-6a-805, which creates the Purchasing from Persons with Disabilities
678     Advisory Board, is repealed July 1, 2026.
679          (14) Title 63G, Chapter 21, Agreements to Provide State Services, is repealed July 1,
680     2028.
681          (15) Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed July 1,
682     2024.
683          (16) Title 63H, Chapter 8, Utah Housing Corporation Act, is repealed July 1, 2026.
684          (17) Subsection [63J-1-602.1(17)] 63J-1-602.1(16), relating to the Nurse Home
685     Visiting Restricted Account, is repealed July 1, 2026.
686          (18) Subsection 63J-1-602.2(6), referring to dedicated credits to the Utah Marriage
687     Commission, is repealed July 1, 2023.
688          (19) Subsection 63J-1-602.2(7), referring to the Trip Reduction Program, is repealed
689     July 1, 2022.
690          (20) Subsection 63J-1-602.2(26), related to the Utah Seismic Safety Commission, is
691     repealed January 1, 2025.
692          (21) Title 63L, Chapter 11, Part 4, Resource Development Coordinating Committee, is
693     repealed July 1, 2027.
694          (22) In relation to the Utah Substance Use and Mental Health Advisory Council, on
695     January 1, 2033:
696          (a) Sections 63M-7-301, 63M-7-302, 63M-7-303, 63M-7-304, and 63M-7-306 are
697     repealed;
698          (b) Section 63M-7-305, the language that states "council" is replaced with
699     "commission";
700          (c) Subsection 63M-7-305(1)(a) is repealed and replaced with:
701          "(1) "Commission" means the Commission on Criminal and Juvenile Justice."; and
702          (d) Subsection 63M-7-305(2) is repealed and replaced with:
703          "(2) The commission shall:
704          (a) provide ongoing oversight of the implementation, functions, and evaluation of the
705     Drug-Related Offenses Reform Act; and
706          (b) coordinate the implementation of Section 77-18-104 and related provisions in
707     Subsections 77-18-103(2)(c) and (d).".

708          (23) The Crime Victim Reparations and Assistance Board, created in Section
709     63M-7-504, is repealed July 1, 2027.
710          (24) Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1, 2026.
711          (25) Title 63N, Chapter 1b, Part 4, Women in the Economy Subcommittee, is repealed
712     January 1, 2025.
713          (26) Title 63N, Chapter 2, Part 2, Enterprise Zone Act, is repealed July 1, 2028.
714          (27) Section 63N-2-512, related to the Hotel Impact Mitigation Fund, is repealed July
715     1, 2028.
716          (28) Title 63N, Chapter 3, Part 9, Strategic Innovation Grant Pilot Program, is repealed
717     July 1, 2027.
718          (29) Title 63N, Chapter 3, Part 11, Manufacturing Modernization Grant Program, is
719     repealed July 1, 2025.
720          (30) In relation to the Rural Employment Expansion Program, on July 1, 2023:
721          (a) Title 63N, Chapter 4, Part 4, Rural Employment Expansion Program, is repealed;
722     and
723          (b) Subsection 63N-4-805(5)(b), referring to the Rural Employment Expansion
724     Program, is repealed.
725          (31) In relation to the Board of Tourism Development, on July 1, 2025:
726          (a) Subsection 63N-2-511(1)(b), which defines "tourism board," is repealed;
727          (b) Subsections 63N-2-511(3)(a) and (5), the language that states "tourism board" is
728     repealed and replaced with "Utah Office of Tourism";
729          (c) Subsection 63N-7-101(1), which defines "board," is repealed;
730          (d) Subsection 63N-7-102(3)(c), which requires the Utah Office of Tourism to receive
731     approval from the Board of Tourism Development, is repealed; and
732          (e) Title 63N, Chapter 7, Part 2, Board of Tourism Development, is repealed.
733          (32) Subsection 63N-8-103(3)(c), which allows the Governor's Office of Economic
734     Opportunity to issue an amount of tax credit certificates only for rural productions, is repealed
735     on July 1, 2024.
736          Section 14. Section 63J-1-602.1 is amended to read:
737          63J-1-602.1. List of nonlapsing appropriations from accounts and funds.
738          Appropriations made from the following accounts or funds are nonlapsing:

739          (1) The Utah Intracurricular Student Organization Support for Agricultural Education
740     and Leadership Restricted Account created in Section 4-42-102.
741          (2) The Native American Repatriation Restricted Account created in Section 9-9-407.
742          (3) The Martin Luther King, Jr. Civil Rights Support Restricted Account created in
743     Section 9-18-102.
744          (4) The National Professional Men's Soccer Team Support of Building Communities
745     Restricted Account created in Section 9-19-102.
746          (5) Funds collected for directing and administering the C-PACE district created in
747     Section 11-42a-106.
748          (6) Money received by the Utah Inland Port Authority, as provided in Section
749     11-58-105.
750          (7) The "Latino Community Support Restricted Account" created in Section 13-1-16.
751          (8) The Clean Air Support Restricted Account created in Section 19-1-109.
752          (9) The Division of Air Quality Oil, Gas, and Mining Restricted Account created in
753     Section 19-2a-106.
754          (10) The Division of Water Quality Oil, Gas, and Mining Restricted Account created in
755     Section 19-5-126.
756          (11) The "Support for State-Owned Shooting Ranges Restricted Account" created in
757     Section 23-14-13.5.
758          [(12) Award money under the State Asset Forfeiture Grant Program, as provided under
759     Section 24-4-117.]
760          [(13)] (12) Funds collected from the program fund for local health department
761     expenses incurred in responding to a local health emergency under Section 26-1-38.
762          [(14)] (13) The Children with Cancer Support Restricted Account created in Section
763     26-21a-304.
764          [(15)] (14) State funds for matching federal funds in the Children's Health Insurance
765     Program as provided in Section 26-40-108.
766          [(16)] (15) The Children with Heart Disease Support Restricted Account created in
767     Section 26-58-102.
768          [(17)] (16) The Technology Development Restricted Account created in Section
769     31A-3-104.

770          [(18)] (17) The Criminal Background Check Restricted Account created in Section
771     31A-3-105.
772          [(19)] (18) The Captive Insurance Restricted Account created in Section 31A-3-304,
773     except to the extent that Section 31A-3-304 makes the money received under that section free
774     revenue.
775          [(20)] (19) The Title Licensee Enforcement Restricted Account created in Section
776     31A-23a-415.
777          [(21)] (20) The Health Insurance Actuarial Review Restricted Account created in
778     Section 31A-30-115.
779          [(22)] (21) The Insurance Fraud Investigation Restricted Account created in Section
780     31A-31-108.
781          [(23)] (22) The Underage Drinking Prevention Media and Education Campaign
782     Restricted Account created in Section 32B-2-306.
783          [(24)] (23) The Drinking While Pregnant Prevention Media and Education Campaign
784     Restricted Account created in Section 32B-2-308.
785          [(25)] (24) The School Readiness Restricted Account created in Section 35A-15-203.
786          [(26)] (25) Money received by the Utah State Office of Rehabilitation for the sale of
787     certain products or services, as provided in Section 35A-13-202.
788          [(27)] (26) The Oil and Gas Administrative Penalties Account created in Section
789     40-6-11.
790          [(28)] (27) The Oil and Gas Conservation Account created in Section 40-6-14.5.
791          [(29)] (28) The Division of Oil, Gas, and Mining Restricted account created in Section
792     40-6-23.
793          [(30)] (29) The Electronic Payment Fee Restricted Account created by Section
794     41-1a-121 to the Motor Vehicle Division.
795          [(31)] (30) The Motor Vehicle Enforcement Division Temporary Permit Restricted
796     Account created by Section 41-3-110 to the State Tax Commission.
797          [(32)] (31) The Utah Law Enforcement Memorial Support Restricted Account created
798     in Section 53-1-120.
799          [(33)] (32) The State Disaster Recovery Restricted Account to the Division of
800     Emergency Management, as provided in Section 53-2a-603.

801          [(34)] (33) The Post Disaster Recovery and Mitigation Restricted Account created in
802     Section 53-2a-1302.
803          [(35)] (34) The Department of Public Safety Restricted Account to the Department of
804     Public Safety, as provided in Section 53-3-106.
805          [(36)] (35) The Utah Highway Patrol Aero Bureau Restricted Account created in
806     Section 53-8-303.
807          [(37)] (36) The DNA Specimen Restricted Account created in Section 53-10-407.
808          [(38)] (37) The Canine Body Armor Restricted Account created in Section 53-16-201.
809          [(39)] (38) The Technical Colleges Capital Projects Fund created in Section
810     53B-2a-118.
811          [(40)] (39) The Higher Education Capital Projects Fund created in Section
812     53B-22-202.
813          [(41)] (40) A certain portion of money collected for administrative costs under the
814     School Institutional Trust Lands Management Act, as provided under Section 53C-3-202.
815          [(42)] (41) The Public Utility Regulatory Restricted Account created in Section
816     54-5-1.5, subject to Subsection 54-5-1.5(4)(d).
817          [(43)] (42) Funds collected from a surcharge fee to provide certain licensees with
818     access to an electronic reference library, as provided in Section 58-3a-105.
819          [(44)] (43) Certain fines collected by the Division of Professional Licensing for
820     violation of unlawful or unprofessional conduct that are used for education and enforcement
821     purposes, as provided in Section 58-17b-505.
822          [(45)] (44) Funds collected from a surcharge fee to provide certain licensees with
823     access to an electronic reference library, as provided in Section 58-22-104.
824          [(46)] (45) Funds collected from a surcharge fee to provide certain licensees with
825     access to an electronic reference library, as provided in Section 58-55-106.
826          [(47)] (46) Funds collected from a surcharge fee to provide certain licensees with
827     access to an electronic reference library, as provided in Section 58-56-3.5.
828          [(48)] (47) Certain fines collected by the Division of Professional Licensing for use in
829     education and enforcement of the Security Personnel Licensing Act, as provided in Section
830     58-63-103.
831          [(49)] (48) The Relative Value Study Restricted Account created in Section 59-9-105.

832          [(50)] (49) The Cigarette Tax Restricted Account created in Section 59-14-204.
833          [(51)] (50) Funds paid to the Division of Real Estate for the cost of a criminal
834     background check for a mortgage loan license, as provided in Section 61-2c-202.
835          [(52)] (51) Funds paid to the Division of Real Estate for the cost of a criminal
836     background check for principal broker, associate broker, and sales agent licenses, as provided
837     in Section 61-2f-204.
838          [(53)] (52) Certain funds donated to the Department of Health and Human Services, as
839     provided in Section 26B-1-202.
840          [(54)] (53) The National Professional Men's Basketball Team Support of Women and
841     Children Issues Restricted Account created in Section 26B-1-302.
842          [(55)] (54) Certain funds donated to the Division of Child and Family Services, as
843     provided in Section 80-2-404.
844          [(56)] (55) The Choose Life Adoption Support Restricted Account created in Section
845     80-2-502.
846          [(57)] (56) Funds collected by the Office of Administrative Rules for publishing, as
847     provided in Section 63G-3-402.
848          [(58)] (57) The Immigration Act Restricted Account created in Section 63G-12-103.
849          [(59)] (58) Money received by the military installation development authority, as
850     provided in Section 63H-1-504.
851          [(60)] (59) The Computer Aided Dispatch Restricted Account created in Section
852     63H-7a-303.
853          [(61)] (60) The Unified Statewide 911 Emergency Service Account created in Section
854     63H-7a-304.
855          [(62)] (61) The Utah Statewide Radio System Restricted Account created in Section
856     63H-7a-403.
857          [(63)] (62) The Utah Capital Investment Restricted Account created in Section
858     63N-6-204.
859          [(64)] (63) The Motion Picture Incentive Account created in Section 63N-8-103.
860          [(65)] (64) Certain money payable for expenses of the Pete Suazo Utah Athletic
861     Commission, as provided under Section 63N-10-301.
862          [(66)] (65) Funds collected by the housing of state probationary inmates or state parole

863     inmates, as provided in Subsection 64-13e-104(2).
864          [(67)] (66) Certain forestry and fire control funds utilized by the Division of Forestry,
865     Fire, and State Lands, as provided in Section 65A-8-103.
866          [(68)] (67) The Amusement Ride Safety Restricted Account, as provided in Section
867     72-16-204.
868          [(69)] (68) Certain funds received by the Office of the State Engineer for well drilling
869     fines or bonds, as provided in Section 73-3-25.
870          [(70)] (69) The Water Resources Conservation and Development Fund, as provided in
871     Section 73-23-2.
872          (70) Award money under the State Asset Forfeiture Grant Program, as provided under
873     Section 77-11b-403.
874          (71) Funds donated or paid to a juvenile court by private sources, as provided in
875     Subsection 78A-6-203(1)(c).
876          (72) Fees for certificate of admission created under Section 78A-9-102.
877          (73) Funds collected for adoption document access as provided in Sections 78B-6-141,
878     78B-6-144, and 78B-6-144.5.
879          (74) Funds collected for indigent defense as provided in Title 78B, Chapter 22, Part 4,
880     Utah Indigent Defense Commission.
881          (75) The Utah Geological Survey Oil, Gas, and Mining Restricted Account created in
882     Section 79-3-403.
883          (76) Revenue for golf user fees at the Wasatch Mountain State Park, Palisades State
884     Park, and Green River State Park, as provided under Section 79-4-403.
885          (77) Funds donated as described in Section 41-1a-422 for the State Park Fees
886     Restricted Account created in Section 79-4-402 for support of the Division of State Parks' dark
887     sky initiative.
888          (78) Certain funds received by the Division of State Parks from the sale or disposal of
889     buffalo, as provided under Section 79-4-1001.
890          Section 15. Section 76-5-109.3 is amended to read:
891          76-5-109.3. Child abandonment.
892          (1) (a) As used in this section:
893          (i) "Child" means the same as that term is defined in Section 76-5-109.

894          (ii) "Enterprise" means the same as that term is defined in Section 76-10-1602.
895          (iii) "Serious physical injury" means the same as that term is defined in Section
896     76-5-109.
897          (b) Terms defined in Section 76-1-101.5 apply to this section.
898          (2) (a) Except as provided in Subsection (4), an actor commits child abandonment if
899     the actor:
900          (i) is a parent or legal guardian of a child, and:
901          (A) intentionally ceases to maintain physical custody of the child;
902          (B) intentionally fails to make reasonable arrangements for the safety, care, and
903     physical custody of the child; and
904          (C) (I) intentionally fails to provide the child with food, shelter, or clothing;
905          (II) manifests an intent to permanently not resume physical custody of the child; or
906          (III) for a period of at least 30 days, intentionally fails to resume physical custody of
907     the child and fails to manifest a genuine intent to resume physical custody of the child; or
908          (ii) encourages or causes the parent or legal guardian of a child to violate Subsection
909     (2)(a)(i).
910          (b) Except as provided in Subsection (4), an enterprise commits child abandonment if
911     the enterprise encourages, commands, or causes another to violate Subsection (2)(a).
912          (3) (a) (i) A violation of Subsection (2) is a third degree felony.
913          (ii) Notwithstanding Subsection (3)(a)(i), a violation of Subsection (2) is a second
914     degree felony if, as a result of the child abandonment:
915          (A) the child suffers a serious physical injury; or
916          (B) the actor or enterprise receives, directly or indirectly, any benefit.
917          (b) (i) In addition to the penalty described in Subsection (3)(a)(ii), the court may order
918     the actor or enterprise described in Subsection (3)(a)(ii)(B) to pay the costs of investigating and
919     prosecuting the offense and the costs of securing any forfeiture provided for under Subsection
920     (3)(b)(ii).
921          (ii) Any tangible or pecuniary benefit received under Subsection (3)(a)(ii)(B) is subject
922     to criminal or civil forfeiture pursuant to [Title 24, Forfeiture and Disposition of Property Act]
923     Title 77, Chapter 11b, Forfeiture of Seized Property.
924          (4) (a) A parent or legal guardian who provides a child with treatment by spiritual

925     means alone through prayer, in lieu of medical treatment, in accordance with the tenets and
926     practices of an established church or religious denomination of which the parent or legal
927     guardian is a member or adherent may not, for that reason alone, be considered to have
928     committed an offense under this section.
929          (b) An actor is not guilty of an offense under this section for conduct that constitutes:
930          (i) the safe relinquishment of a child pursuant to the provisions of Section 62A-4a-802;
931          (ii) giving legal consent to a court order for termination of parental rights:
932          (A) in a legal adoption proceeding; or
933          (B) in a case in which a petition for the termination of parental rights, or the
934     termination of a guardianship, has been filed;
935          (iii) reasonable discipline or management of a child, including withholding privileges;
936     or
937          (iv) conduct described in Section 76-2-401.
938          Section 16. Section 76-6-111 is amended to read:
939          76-6-111. Wanton destruction of livestock -- Penalties -- Restitution criteria --
940     Seizure and disposition of property.
941          (1) As used in this section:
942          (a) "Law enforcement officer" means the same as that term is defined in Section
943     53-13-103.
944          (b) "Livestock" means a domestic animal or fur bearer raised or kept for profit or as an
945     asset, including:
946          (i) cattle;
947          (ii) sheep;
948          (iii) goats;
949          (iv) swine;
950          (v) horses;
951          (vi) mules;
952          (vii) poultry;
953          (viii) domesticated elk as defined in Section 4-39-102; and
954          (ix) livestock guardian dogs.
955          (c) "Livestock guardian dog" means a dog that is being used to live with and guard

956     livestock, other than itself, from predators.
957          (2) Unless authorized by Section 4-25-201, 4-25-202, 4-25-401, 4-39-401, or 18-1-3, a
958     person is guilty of wanton destruction of livestock if that person:
959          (a) injures, physically alters, releases, or causes the death of livestock; and
960          (b) does so:
961          (i) intentionally or knowingly; and
962          (ii) without the permission of the owner of the livestock.
963          (3) For purposes of this section, a livestock guardian dog is presumed to belong to an
964     owner of the livestock with which the livestock guardian dog was living at the time of an
965     alleged violation of Subsection (2).
966          (4) Wanton destruction of livestock is punishable as a:
967          (a) class B misdemeanor if the aggregate value of the livestock is $250 or less;
968          (b) class A misdemeanor if the aggregate value of the livestock is more than $250, but
969     does not exceed $750;
970          (c) third degree felony if the aggregate value of the livestock is more than $750, but
971     does not exceed $5,000; and
972          (d) second degree felony if the aggregate value of the livestock is more than $5,000.
973          (5) When a court orders a person who is convicted of wanton destruction of livestock
974     to pay restitution under Title 77, Chapter 38b, Crime Victims Restitution Act, the court shall
975     consider the restitution guidelines in Subsection (6) when setting the amount of restitution
976     under Section 77-38b-205.
977          (6) The minimum restitution value for cattle and sheep is the sum of the following,
978     unless the court states on the record why it finds the sum to be inappropriate:
979          (a) the fair market value of the animal, using as a guide the market information
980     obtained from the Department of Agriculture and Food created under Section 4-2-102; and
981          (b) 10 years times the average annual value of offspring, for which average annual
982     value is determined using data obtained from the National Agricultural Statistics Service within
983     the United States Department of Agriculture, for the most recent 10-year period available.
984          (7) A material, device, or vehicle used in violation of Subsection (2) is subject to
985     forfeiture under the procedures and substantive protections established in [Title 24, Forfeiture
986     and Disposition of Property Act] Title 77, Chapter 11b, Forfeiture of Seized Property.

987          (8) A peace officer may seize a material, device, or vehicle used in violation of
988     Subsection (2):
989          (a) upon notice and service of process issued by a court having jurisdiction over the
990     property; or
991          (b) without notice and service of process if:
992          (i) the seizure is incident to an arrest under:
993          (A) a search warrant; or
994          (B) an inspection under an administrative inspection warrant;
995          (ii) the material, device, or vehicle has been the subject of a prior judgment in favor of
996     the state in a criminal injunction or forfeiture proceeding under this section; or
997          (iii) the peace officer has probable cause to believe that the property has been used in
998     violation of Subsection (2).
999          (9) (a) A material, device, or vehicle seized under this section is not repleviable but is
1000     in custody of the law enforcement agency making the seizure, subject only to the orders and
1001     decrees of a court or official having jurisdiction.
1002          (b) A peace officer who seizes a material, device, or vehicle under this section may:
1003          (i) place the property under seal;
1004          (ii) remove the property to a place designated by the warrant under which it was seized;
1005     or
1006          (iii) take custody of the property and remove it to an appropriate location for
1007     disposition in accordance with law.
1008          Section 17. Section 76-6-501 is amended to read:
1009          76-6-501. Forgery and producing false identification -- Elements of offense --
1010     Definitions.
1011          (1) As used in this part:
1012          (a) "Authentication feature" means any hologram, watermark, certification, symbol,
1013     code, image, sequence of numbers or letters, or other feature that either individually or in
1014     combination with another feature is used by the issuing authority on an identification
1015     document, document-making implement, or means of identification to determine if the
1016     document is counterfeit, altered, or otherwise falsified.
1017          (b) "Document-making implement" means any implement, impression, template,

1018     computer file, computer disc, electronic device, computer hardware or software, or scanning,
1019     printing, or laminating equipment that is specifically configured or primarily used for making
1020     an identification document, a false identification document, or another document-making
1021     implement.
1022          (c) "False authentication feature" means an authentication feature that:
1023          (i) is genuine in origin but that, without the authorization of the issuing authority, has
1024     been tampered with or altered for purposes of deceit;
1025          (ii) is genuine, but has been distributed, or is intended for distribution, without the
1026     authorization of the issuing authority and not in connection with a lawfully made identification
1027     document, document-making implement, or means of identification to which the authentication
1028     feature is intended to be affixed or embedded by the issuing authority; or
1029          (iii) appears to be genuine, but is not.
1030          (d) "False identification document" means a document of a type intended or commonly
1031     accepted for the purposes of identification of individuals, and that:
1032          (i) is not issued by or under the authority of a governmental entity or was issued under
1033     the authority of a governmental entity but was subsequently altered for purposes of deceit; and
1034          (ii) appears to be issued by or under the authority of a governmental entity.
1035          (e) "Governmental entity" means the United States government, a state, a political
1036     subdivision of a state, a foreign government, a political subdivision of a foreign government, an
1037     international governmental organization, or a quasi-governmental organization.
1038          (f) "Identification document" means a document made or issued by or under the
1039     authority of a governmental entity, which, when completed with information concerning a
1040     particular individual, is of a type intended or commonly accepted for the purpose of
1041     identification of individuals.
1042          (g) "Issuing authority" means:
1043          (i) any governmental entity that is authorized to issue identification documents, means
1044     of identification, or authentication features; or
1045          (ii) a business organization or financial institution or its agent that issues a financial
1046     transaction card as defined in Section 76-6-506.
1047          (h) "Means of identification" means any name or number that may be used, alone or in
1048     conjunction with any other information, to identify a specific individual, including:

1049          (i) name, social security number, date of birth, government issued driver license or
1050     identification number, alien registration number, government passport number, or employer or
1051     taxpayer identification number;
1052          (ii) unique biometric data, such as fingerprint, voice print, retina or iris image, or other
1053     unique physical representation; or
1054          (iii) unique electronic identification number, address, or routing code.
1055          (i) "Personal identification card" means an identification document issued by a
1056     governmental entity solely for the purpose of identification of an individual.
1057          (j) "Produce" includes altering, authenticating, or assembling.
1058          (k) "State" includes any state of the United States, the District of Columbia, the
1059     Commonwealth of Puerto Rico, and any other commonwealth, possession, or territory of the
1060     United States.
1061          (l) "Traffic" means to:
1062          (i) transport, transfer, or otherwise dispose of an item to another, as consideration for
1063     anything of value; or
1064          (ii) make or obtain control of with intent to transport, transfer, or otherwise dispose of
1065     an item to another.
1066          (m) "Writing" includes printing, electronic storage or transmission, or any other
1067     method of recording valuable information including forms such as:
1068          (i) checks, tokens, stamps, seals, credit cards, badges, trademarks, money, and any
1069     other symbols of value, right, privilege, or identification;
1070          (ii) a security, revenue stamp, or any other instrument or writing issued by a
1071     government or any agency; or
1072          (iii) a check, an issue of stocks, bonds, or any other instrument or writing representing
1073     an interest in or claim against property, or a pecuniary interest in or claim against any person or
1074     enterprise.
1075          (2) A person is guilty of forgery if, with purpose to defraud anyone, or with knowledge
1076     that the person is facilitating a fraud to be perpetrated by anyone, the person:
1077          (a) alters any writing of another without his authority or utters the altered writing; or
1078          (b) makes, completes, executes, authenticates, issues, transfers, publishes, or utters any
1079     writing so that the writing or the making, completion, execution, authentication, issuance,

1080     transference, publication, or utterance:
1081          (i) purports to be the act of another, whether the person is existent or nonexistent;
1082          (ii) purports to be an act on behalf of another party with the authority of that other
1083     party; or
1084          (iii) purports to have been executed at a time or place or in a numbered sequence other
1085     than was in fact the case, or to be a copy of an original when an original did not exist.
1086          (3) It is not a defense to a charge of forgery under Subsection (2)(b)(ii) if an actor signs
1087     his own name to the writing if the actor does not have authority to make, complete, execute,
1088     authenticate, issue, transfer, publish, or utter the writing on behalf of the party for whom the
1089     actor purports to act.
1090          (4) A person is guilty of producing or transferring any false identification document
1091     who:
1092          (a) knowingly and without lawful authority produces, attempts, or conspires to produce
1093     an identification document, authentication feature, or a false identification document that is or
1094     appears to be issued by or under the authority of an issuing authority;
1095          (b) transfers, or possesses with intent to transfer, an identification document,
1096     authentication feature, or a false identification document knowing that the document or feature
1097     was stolen or produced without lawful authority;
1098          (c) produces, transfers, or possesses a document-making implement or authentication
1099     feature with the intent that the document-making implement or the authentication feature be
1100     used in the production of a false identification document or another document-making
1101     implement or authentication feature; or
1102          (d) traffics in false or actual authentication features for use in false identification
1103     documents, document-making implements, or means of identification.
1104          (5) A person who violates:
1105          (a) Subsection (2) is guilty of a third degree felony; and
1106          (b) Subsection (4) is guilty of a second degree felony.
1107          (6) This part may not be construed to impose criminal or civil liability on any law
1108     enforcement officer acting within the scope of a criminal investigation.
1109          (7) The forfeiture of property under this part, including any seizure and disposition of
1110     the property and any related judicial or administrative proceeding, shall be conducted in

1111     accordance with [Title 24, Forfeiture and Disposition of Property Act] Title 77, Chapter 11b,
1112     Forfeiture of Seized Property.
1113          (8) The court shall order, in addition to the penalty prescribed for any person convicted
1114     of a violation of this section, the forfeiture and destruction or other disposition of all illicit
1115     authentication features, identification documents, false transaction cards, document-making
1116     implements, or means of identification.
1117          Section 18. Section 76-6-1303 is amended to read:
1118          76-6-1303. Possession, sale, or use of automated sales suppression device unlawful
1119     -- Penalties.
1120          (1) It is a third degree felony to willfully or knowingly sell, purchase, install, transfer,
1121     use, or possess in this state any automated sales suppression device or phantomware with the
1122     intent to defraud, except that any second or subsequent violation of this Subsection (1) is a
1123     second degree felony.
1124          (2) Notwithstanding Section 76-3-301, any person convicted of violating Subsection
1125     (1) may be fined not more than twice the amount of the applicable taxes that would otherwise
1126     be due, but for the use of the automated sales suppression device or phantomware.
1127          (3) Any person convicted of a violation of Subsection (1):
1128          (a) is liable for all applicable taxes, penalties under Section 59-1-401, and interest
1129     under Section 59-1-402 that would otherwise be due, but for the use of the automated sales
1130     suppression device or phantomware to evade the payment of taxes; and
1131          (b) shall disgorge all profits associated with the sale or use of an automated sales
1132     suppression device or phantomware.
1133          (4) An automated sales suppression device and any device containing an automated
1134     sales suppression device is contraband and subject to forfeiture under [Title 24, Forfeiture and
1135     Disposition of Property Act] Title 77, Chapter 11b, Forfeiture of Seized Property.
1136          Section 19. Section 76-10-503 is amended to read:
1137          76-10-503. Restrictions on possession, purchase, transfer, and ownership of
1138     dangerous weapons by certain persons -- Exceptions.
1139          (1) For purposes of this section:
1140          (a) A Category I restricted person is a person who:
1141          (i) has been convicted of any violent felony as defined in Section 76-3-203.5;

1142          (ii) is on probation or parole for any felony;
1143          (iii) is on parole from secure care, as defined in Section 80-1-102;
1144          (iv) within the last 10 years has been adjudicated under Section 80-6-701 for an offense
1145     which if committed by an adult would have been a violent felony as defined in Section
1146     76-3-203.5;
1147          (v) is an alien who is illegally or unlawfully in the United States; or
1148          (vi) is on probation for a conviction of possessing:
1149          (A) a substance classified in Section 58-37-4 as a Schedule I or II controlled substance;
1150          (B) a controlled substance analog; or
1151          (C) a substance listed in Section 58-37-4.2.
1152          (b) A Category II restricted person is a person who:
1153          (i) has been convicted of any felony;
1154          (ii) within the last seven years has been adjudicated delinquent for an offense which if
1155     committed by an adult would have been a felony;
1156          (iii) is an unlawful user of a controlled substance as defined in Section 58-37-2;
1157          (iv) is in possession of a dangerous weapon and is knowingly and intentionally in
1158     unlawful possession of a Schedule I or II controlled substance as defined in Section 58-37-2;
1159          (v) has been found not guilty by reason of insanity for a felony offense;
1160          (vi) has been found mentally incompetent to stand trial for a felony offense;
1161          (vii) has been adjudicated as mentally defective as provided in the Brady Handgun
1162     Violence Prevention Act, Pub. L. No. 103-159, 107 Stat. 1536 (1993), or has been committed
1163     to a mental institution;
1164          (viii) has been dishonorably discharged from the armed forces;
1165          (ix) has renounced the individual's citizenship after having been a citizen of the United
1166     States;
1167          (x) is a respondent or defendant subject to a protective order or child protective order
1168     that is issued after a hearing for which the respondent or defendant received actual notice and at
1169     which the respondent or defendant has an opportunity to participate, that restrains the
1170     respondent or defendant from harassing, stalking, threatening, or engaging in other conduct that
1171     would place an intimate partner, as defined in 18 U.S.C. Sec. 921, or a child of the intimate
1172     partner, in reasonable fear of bodily injury to the intimate partner or child of the intimate

1173     partner, and that:
1174          (A) includes a finding that the respondent or defendant represents a credible threat to
1175     the physical safety of an individual who meets the definition of an intimate partner in 18 U.S.C.
1176     Sec. 921 or the child of the individual; or
1177          (B) explicitly prohibits the use, attempted use, or threatened use of physical force that
1178     would reasonably be expected to cause bodily harm against an intimate partner or the child of
1179     an intimate partner; or
1180          (xi) has been convicted of the commission or attempted commission of assault under
1181     Section 76-5-102 or aggravated assault under Section 76-5-103 against a current or former
1182     spouse, parent, guardian, individual with whom the restricted person shares a child in common,
1183     individual who is cohabitating or has cohabitated with the restricted person as a spouse, parent,
1184     or guardian, or against an individual similarly situated to a spouse, parent, or guardian of the
1185     restricted person.
1186          (c) As used in this section, a conviction of a felony or adjudication of delinquency for
1187     an offense which would be a felony if committed by an adult does not include:
1188          (i) a conviction or an adjudication under Section 80-6-701 for an offense pertaining to
1189     antitrust violations, unfair trade practices, restraint of trade, or other similar offenses relating to
1190     the regulation of business practices not involving theft or fraud; or
1191          (ii) a conviction or an adjudication under Section 80-6-701 which, according to the law
1192     of the jurisdiction in which it occurred, has been expunged, set aside, reduced to a
1193     misdemeanor by court order, pardoned or regarding which the person's civil rights have been
1194     restored unless the pardon, reduction, expungement, or restoration of civil rights expressly
1195     provides that the person may not ship, transport, possess, or receive firearms.
1196          (d) It is the burden of the defendant in a criminal case to provide evidence that a
1197     conviction or an adjudication under Section 80-6-701 is subject to an exception provided in
1198     Subsection (1)(c), after which it is the burden of the state to prove beyond a reasonable doubt
1199     that the conviction or the adjudication is not subject to that exception.
1200          (2) A Category I restricted person who intentionally or knowingly agrees, consents,
1201     offers, or arranges to purchase, transfer, possess, use, or have under the person's custody or
1202     control, or who intentionally or knowingly purchases, transfers, possesses, uses, or has under
1203     the person's custody or control:

1204          (a) any firearm is guilty of a second degree felony; or
1205          (b) any dangerous weapon other than a firearm is guilty of a third degree felony.
1206          (3) A Category II restricted person who intentionally or knowingly purchases, transfers,
1207     possesses, uses, or has under the person's custody or control:
1208          (a) any firearm is guilty of a third degree felony; or
1209          (b) any dangerous weapon other than a firearm is guilty of a class A misdemeanor.
1210          (4) A person may be subject to the restrictions of both categories at the same time.
1211          (5) If a higher penalty than is prescribed in this section is provided in another section
1212     for one who purchases, transfers, possesses, uses, or has under this custody or control any
1213     dangerous weapon, the penalties of that section control.
1214          (6) It is an affirmative defense to a charge based on the definition in Subsection
1215     (1)(b)(iv) that the person was:
1216          (a) in possession of a controlled substance pursuant to a lawful order of a practitioner
1217     for use of a member of the person's household or for administration to an animal owned by the
1218     person or a member of the person's household; or
1219          (b) otherwise authorized by law to possess the substance.
1220          (7) (a) It is an affirmative defense to transferring a firearm or other dangerous weapon
1221     by a person restricted under Subsection (2) or (3) that the firearm or dangerous weapon:
1222          (i) was possessed by the person or was under the person's custody or control before the
1223     person became a restricted person;
1224          (ii) was not used in or possessed during the commission of a crime or subject to
1225     disposition under [Section 24-3-103] Title 77, Chapter 11a, Part 4, Disposal of Seized Property
1226     and Contraband;
1227          (iii) is not being held as evidence by a court or law enforcement agency;
1228          (iv) was transferred to a person not legally prohibited from possessing the weapon; and
1229          (v) unless a different time is ordered by the court, was transferred within 10 days of the
1230     person becoming a restricted person.
1231          (b) Subsection (7)(a) is not a defense to the use, purchase, or possession on the person
1232     of a firearm or other dangerous weapon by a restricted person.
1233          (8) (a) A person may not sell, transfer, or otherwise dispose of any firearm or
1234     dangerous weapon to any person, knowing that the recipient is a person described in

1235     Subsection (1)(a) or (b).
1236          (b) A person who violates Subsection (8)(a) when the recipient is:
1237          (i) a person described in Subsection (1)(a) and the transaction involves a firearm, is
1238     guilty of a second degree felony;
1239          (ii) a person described in Subsection (1)(a) and the transaction involves any dangerous
1240     weapon other than a firearm, and the transferor has knowledge that the recipient intends to use
1241     the weapon for any unlawful purpose, is guilty of a third degree felony;
1242          (iii) a person described in Subsection (1)(b) and the transaction involves a firearm, is
1243     guilty of a third degree felony; or
1244          (iv) a person described in Subsection (1)(b) and the transaction involves any dangerous
1245     weapon other than a firearm, and the transferor has knowledge that the recipient intends to use
1246     the weapon for any unlawful purpose, is guilty of a class A misdemeanor.
1247          (9) (a) A person may not knowingly solicit, persuade, encourage or entice a dealer or
1248     other person to sell, transfer or otherwise dispose of a firearm or dangerous weapon under
1249     circumstances which the person knows would be a violation of the law.
1250          (b) A person may not provide to a dealer or other person any information that the
1251     person knows to be materially false information with intent to deceive the dealer or other
1252     person about the legality of a sale, transfer or other disposition of a firearm or dangerous
1253     weapon.
1254          (c) "Materially false information" means information that portrays an illegal transaction
1255     as legal or a legal transaction as illegal.
1256          (d) A person who violates this Subsection (9) is guilty of:
1257          (i) a third degree felony if the transaction involved a firearm; or
1258          (ii) a class A misdemeanor if the transaction involved a dangerous weapon other than a
1259     firearm.
1260          Section 20. Section 76-10-1108 is amended to read:
1261          76-10-1108. Seizure and disposition of gambling debts or proceeds.
1262          Any gambling bets or gambling proceeds which are reasonably identifiable as having
1263     been used or obtained in violation of this part may be seized and are subject to forfeiture
1264     proceedings in accordance with [Title 24, Forfeiture and Disposition of Property Act] Title 77,
1265     Chapter 11b, Forfeiture of Seized Property.

1266          Section 21. Section 76-10-1112 is amended to read:
1267          76-10-1112. Local control.
1268          (1) Nothing in this part preempts or otherwise limits the authority of a county or
1269     municipality to enact a local ordinance related to gambling or fringe gambling.
1270          (2) In accordance with [Title 24, Forfeiture and Disposition of Property Act] Title 77,
1271     Chapter 11a, Seizure of Property and Contraband, a county or municipality may seize gambling
1272     debts, gambling proceeds, or fringe gaming devices that are reasonably identifiable as being
1273     obtained or provided in violation of this part or a local ordinance.
1274          Section 22. Section 77-11a-101, which is renumbered from Section 24-1-102 is
1275     renumbered and amended to read:
1276     
CHAPTER 11a. SEIZURE OF PROPERTY AND CONTRABAND

1277     
Part 1. General Provisions

1278          [24-1-102].      77-11a-101. Definitions.
1279          As used in this [title] chapter:
1280          [(1) "Account" means the Criminal Forfeiture Restricted Account created in Section
1281     24-4-116.]
1282          [(2) (a) "Acquitted" means a finding by a jury or a judge at trial that a claimant is not
1283     guilty.]
1284          [(b) "Acquitted" does not include:]
1285          [(i) a verdict of guilty on a lesser or reduced charge;]
1286          [(ii) a plea of guilty to a lesser or reduced charge; or]
1287          [(iii) dismissal of a charge as a result of a negotiated plea agreement.]
1288          [(3)] (1) (a) "Agency" means an agency of this state or a political subdivision of this
1289     state.
1290          (b) "Agency" includes a law enforcement agency or a multijurisdictional task force.
1291          [(4)] (2) "Claimant" means:
1292          (a) an owner of property [as defined in this section];
1293          (b) an interest holder [as defined in this section]; or
1294          (c) an individual or entity who asserts a claim to any property [seized for forfeiture
1295     under this title] for which an agency seeks to forfeit.
1296          [(5) "Commission" means the State Commission on Criminal and Juvenile Justice

1297     created in Section 63M-7-201.]
1298          [(6) "Complaint" means a civil or criminal complaint seeking the forfeiture of any real
1299     or personal property under this title.]
1300          [(7)] (3) (a) "Computer" means, except as provided in Subsection (3)(c), an electronic,
1301     magnetic, optical, electrochemical, or other high-speed data processing device that performs
1302     logical, arithmetic, and storage functions.
1303          (b) "Computer" includes any device that is used for the storage of digital or electronic
1304     files, flash memory, software, or other electronic information.
1305          (c) "Computer" does not mean a computer server of an Internet or electronic service
1306     provider, or the service provider's employee, if used to comply with the requirements under 18
1307     U.S.C. Sec. 2258A.
1308          [(8) "Constructive seizure" means a seizure of property where the property is left in the
1309     control of the owner and an agency posts the property with a notice of intent to seek forfeiture.]
1310          [(9)] (4) (a) "Contraband" means any property, item, or substance that is unlawful to
1311     produce or to possess under state or federal law.
1312          (b) "Contraband" includes:
1313          (i) a controlled substance that is possessed, transferred, distributed, or offered for
1314     distribution in violation of Title 58, Chapter 37, Utah Controlled Substances Act; or
1315          (ii) a computer that:
1316          (A) contains or houses child pornography, or is used to create, download, transfer,
1317     upload to a storage account, or store any electronic or digital files containing child
1318     pornography; or
1319          (B) contains the personal identifying information of another individual, as defined in
1320     Subsection 76-6-1102(1), whether that individual is alive or deceased, and the personal
1321     identifying information has been used to create false or fraudulent identification documents or
1322     financial transaction cards in violation of Title 76, Chapter 6, Part 5, Fraud.
1323          (5) "Controlled substance" means the same as that term is defined in Section 58-37-2.
1324          (6) "Court" means a municipal, county, or state court.
1325          (7) "Evidence" means the same as that term is defined in Section 77-11c-101.
1326          [(10)] (8) "Forfeit" means to divest a claimant of an ownership interest in property
1327     seized [under this title] by a peace officer or agency.

1328          [(11)] (9) "Innocent owner" means a claimant who:
1329          (a) held an ownership interest in property at the time of the commission of an offense
1330     subjecting the property to [forfeiture under this title] seizure, and:
1331          (i) did not have actual knowledge of the offense subjecting the property to [forfeiture]
1332     seizure; or
1333          (ii) upon learning of the commission of the offense, took reasonable steps to prohibit
1334     the use of the property in the commission of the offense; or
1335          (b) acquired an ownership interest in the property and had no knowledge that the
1336     commission of the offense subjecting the property to [forfeiture under this title] seizure had
1337     occurred or that the property had been seized [for forfeiture], and:
1338          (i) acquired the property in a bona fide transaction for value;
1339          (ii) was an individual, including a minor child, who acquired an interest in the property
1340     through probate or inheritance; or
1341          (iii) was a spouse who acquired an interest in property through dissolution of marriage
1342     or by operation of law.
1343          [(12)] (10) (a) "Interest holder" means a secured party as defined in Section
1344     70A-9a-102, a party with a right-of-offset, a mortgagee, lien creditor, or the beneficiary of a
1345     security interest or encumbrance pertaining to an interest in property, whose interest would be
1346     perfected against a good faith purchaser for value.
1347          (b) "Interest holder" does not mean a person:
1348          (i) who holds property for the benefit of or as an agent or nominee for another person;
1349     or
1350          (ii) who is not in substantial compliance with any statute requiring an interest in
1351     property to be:
1352          (A) recorded or reflected in public records in order to perfect the interest against a good
1353     faith purchaser for value; or
1354          (B) held in control by a secured party, as defined in Section 70A-9a-102, in accordance
1355     with Section 70A-9a-314 in order to perfect the interest against a good faith purchaser for
1356     value.
1357          (11) "Law enforcement agency" means:
1358          (a) a municipal, county, state institution of higher education, or state police force or

1359     department;
1360          (b) a sheriff's office; or
1361          (c) a municipal, county, or state prosecuting authority.
1362          [(13) "Known address" means any address provided by a claimant to the peace officer
1363     or agency at the time the property is seized, or the claimant's most recent address on record
1364     with a governmental entity if no address was provided at the time of the seizure.]
1365          [(14) "Legal costs" means the costs and expenses incurred by a party in a forfeiture
1366     action.]
1367          [(15)] (12) "Legislative body" means:
1368          (a) (i) the Legislature, county commission, county council, city commission, city
1369     council, or town council that has fiscal oversight and budgetary approval authority over an
1370     agency; or
1371          (ii) the agency's governing political subdivision; or
1372          (b) the lead governmental entity of a multijurisdictional task force, as designated in a
1373     memorandum of understanding executed by the agencies participating in the task force.
1374          [(16)] (13) "Multijurisdictional task force" means a law enforcement task force or other
1375     agency comprised of individuals who are employed by or acting under the authority of different
1376     governmental entities, including federal, state, county, or municipal governments, or any
1377     combination of federal, state, county, or municipal agencies.
1378          [(17)] (14) "Owner" means an individual or entity, other than an interest holder, that
1379     possesses a bona fide legal or equitable interest in [real or personal] property.
1380          (15) "Pawn or secondhand business" means the same as that term is defined in Section
1381     13-32a-102.
1382          [(18)] (16) "Peace officer" means an employee:
1383          (a) of an agency;
1384          (b) whose duties consist primarily of the prevention and detection of violations of laws
1385     of this state or a political subdivision of this state; and
1386          (c) who is authorized by the agency to seize property [under this title].
1387          [(19)] (17) (a) "Proceeds" means:
1388          (i) property of any kind that is obtained directly or indirectly as a result of the
1389     commission of an offense; or

1390          (ii) any property acquired directly or indirectly from, produced through, realized
1391     through, or caused by an act or omission regarding property under Subsection [(19)(a)(i)]
1392     (17)(a)(i).
1393          (b) "Proceeds" includes any property of any kind without reduction for expenses
1394     incurred in the acquisition, maintenance, or production of that property, or any other purpose
1395     regarding property under Subsection [(19)(a)(i)] (17)(a)(i).
1396          (c) "Proceeds" is not limited to the net gain or profit realized from the offense that
1397     subjects the property to [forfeiture] seizure.
1398          [(20) "Program" means the State Asset Forfeiture Grant Program created in Section
1399     24-4-117.]
1400          [(21)] (18) (a) "Property" means all property, whether real or personal, tangible or
1401     intangible.
1402          (b) "Property" does not include contraband.
1403          [(22)] (19) "Prosecuting attorney" means:
1404          (a) the attorney general and an assistant attorney general;
1405          (b) a district attorney or deputy district attorney;
1406          (c) a county attorney or assistant county attorney; and
1407          (d) an attorney authorized to commence an action on behalf of the state [under this
1408     title].
1409          [(23)] (20) "Public interest use" means a:
1410          (a) use by a government agency as determined by the legislative body of the agency's
1411     jurisdiction; or
1412          (b) donation of the property to a nonprofit charity registered with the state.
1413          [(24)] (21) "Real property" means land, including any building, fixture, improvement,
1414     appurtenance, structure, or other development that is affixed permanently to land.
1415          (22) (a) "Seized property" means property seized by a peace officer or agency in
1416     accordance with Section 77-11a-201.
1417          (b) "Seized property" includes property that the agency seeks to forfeit under Chapter
1418     11b, Forfeiture of Seized Property.
1419          Section 23. Section 77-11a-102, which is renumbered from Section 24-1-103 is
1420     renumbered and amended to read:

1421          [24-1-103].      77-11a-102. Venue.
1422          (1) In addition to [the venue provided for under] Title 78B, Chapter 3, Part 3, Place of
1423     Trial -- Venue, or any other [provisions of law, a proceeding under this title may be
1424     maintained] provision of law, a person may bring an action or proceeding under this chapter in
1425     the judicial district in which:
1426          (a) the property is seized; or
1427          (b) any part of the property is found[; or].
1428          [(c) a civil or criminal action could be maintained against a claimant for the offense
1429     subjecting the property to forfeiture under this title.]
1430          (2) A claimant may obtain a change of venue under Section 78B-3-309.
1431          Section 24. Section 77-11a-201, which is renumbered from Section 24-2-102 is
1432     renumbered and amended to read:
1433     
Part 2. Seizure of Property and Contraband

1434          [24-2-102].      77-11a-201. Grounds for seizing property and contraband.
1435          [(1)] A peace officer may seize property [and] or contraband:
1436          (1) upon a search warrant or administrative warrant that is issued in accordance with
1437     the Utah Code and the Utah Rules of Criminal Procedure[.];
1438          [(2) A peace officer may seize property and contraband under this chapter when:]
1439          [(a)] (2) when the seizure is incident to an arrest;
1440          [(b)] (3) when the property seized is the subject of a prior judgment in favor of the state
1441     in a criminal injunction or forfeiture proceeding under [this title] Chapter 11b, Forfeiture of
1442     Seized Property; or
1443          [(c)] (4) when the peace officer has probable cause to believe that the property or
1444     contraband:
1445          [(i)] (a) is directly or indirectly dangerous to health or safety;
1446          [(ii)] (b) is evidence of an offense;
1447          [(iii)] (c) has been used or was intended to be used to commit an offense; or
1448          [(iv)] (d) is proceeds of an offense.
1449          Section 25. Section 77-11a-202, which is renumbered from Section 24-2-102.5 is
1450     renumbered and amended to read:
1451          [24-2-102.5].      77-11a-202. Ownership interest in property or contraband

1452     seized by a peace officer.
1453          (1) To disclaim an ownership interest in property at the time of seizure, a person's
1454     disclaimer of the property must be knowing and voluntary.
1455          (2) [If a peace officer seizes contraband, a] A person may not assert an ownership
1456     interest in [the contraband under this title] contraband seized by a peace officer.
1457          Section 26. Section 77-11a-203, which is renumbered from Section 24-2-103 is
1458     renumbered and amended to read:
1459          [24-2-103].      77-11a-203. Procedure after seizure of property or contraband.
1460          [(1) To disclaim an ownership interest in property at the time of seizure, an individual's
1461     disclaimer of the property shall be knowing and voluntary.]
1462          (1) If a peace officer seizes property or contraband under Section 77-11a-201, the
1463     property and contraband:
1464          (a) is not recoverable by replevin; and
1465          (b) is considered in the custody of the agency that employed the peace officer.
1466          (2) If [property is seized] a peace officer seizes property under Section 77-11a-201, the
1467     peace officer or the peace officer's employing agency shall provide a receipt to the person from
1468     which the property is seized.
1469          (3) The receipt shall describe the:
1470          (a) property seized;
1471          (b) date of seizure; and
1472          (c) name and contact information of the peace officer's employing agency.
1473          (4) In addition to the receipt, the peace officer or agency shall provide the person with:
1474          (a) information on:
1475          (i) the time periods for the forfeiture of property; and
1476          (ii) what happens to property upon a conviction or acquittal of the offense subjecting
1477     the property to seizure; and
1478          (b) a web link or referral to the self-help webpage of the Utah Courts' website for
1479     resources that may assist the person in making a claim for the return of seized property.
1480          (5) The agency shall maintain a copy of the receipt provided in accordance with
1481     Subsection (2).
1482          (6) If a peace officer seizes property that, at the time of seizure, is held by a pawn or

1483     secondhand business in the course of the pawn or secondhand business's business, the
1484     provisions of Section 13-32a-109.5 shall apply to the seizure of the property.
1485          [(6)] (7) If custody of the property is transferred to another agency, the transferring
1486     agency shall provide the other agency a copy of the receipt under Subsection (2) and the name
1487     of the person from which the property was seized.
1488          Section 27. Section 77-11a-204, which is renumbered from Section 24-2-104 is
1489     renumbered and amended to read:
1490          [24-2-104].      77-11a-204. Custody of seized property and contraband.
1491          [(1) If a peace officer seizes property or contraband under Section 24-2-102, the
1492     property and contraband:]
1493          [(a) is not recoverable by replevin; and]
1494          [(b) is considered in the custody of the agency that employed the peace officer.]
1495          [(2)] (1) An agency with custody of seized property or contraband shall:
1496          (a) hold the property or contraband in safe custody until the property or contraband is
1497     released or disposed of in accordance with:
1498          (i) [this title] this chapter; and
1499          (ii) [Title 53, Chapter 20, Forensic Biological Evidence Preservation] Chapter 11c,
1500     Retention of Evidence; and
1501          (b) maintain a record of the property or contraband, including:
1502          (i) a detailed inventory of all property or contraband seized;
1503          (ii) the name of the person from which the property or contraband was seized; and
1504          (iii) the agency's case number.
1505          [(3) In accordance with Title 53, Chapter 20, Forensic Biological Evidence
1506     Preservation, an agency may process property or contraband that is seized by a peace officer for
1507     evidentiary or investigative purposes, including sampling or other preservation procedure,
1508     before disposal or destruction.]
1509          [(4)] (2) (a) Except as provided in Subsection [(4)(b)] (2)(b), no later than 30 days after
1510     the day on which a peace officer seizes property in the form of cash or other readily negotiable
1511     instruments [under Section 24-2-102], an agency shall deposit the property into a separate,
1512     restricted, interest-bearing account maintained by the agency solely for the purpose of
1513     managing and protecting the property from commingling, loss, or devaluation.

1514          (b) A prosecuting attorney may authorize one or more written extensions of the 30-day
1515     period under Subsection [(4)(a)] (2)(a) if the property needs to maintain the form in which the
1516     property was seized for evidentiary purposes or other good cause.
1517          [(c)] (3) An agency shall:
1518          [(i)] (a) have written policies for the identification, tracking, management, and
1519     safekeeping of seized property and contraband; and
1520          [(ii)] (b) shall have a written policy that prohibits the transfer, sale, or auction of seized
1521     property and contraband to an employee of the agency.
1522          Section 28. Section 77-11a-205, which is renumbered from Section 24-2-105 is
1523     renumbered and amended to read:
1524          [24-2-105].      77-11a-205. Transfer or release of seized property to another
1525     governmental entity -- Requirements.
1526          (1) Except as provided in Subsections [(3)(a), (b), and (c),] (3)(a) through (c), upon the
1527     seizure of property by a peace officer [under this title], the property is subject to the exclusive
1528     jurisdiction of a district court of this state.
1529          (2) Except as provided in Subsection (3), a peace officer, agency, or prosecuting
1530     attorney may not directly or indirectly transfer or release [property seized under this title]
1531     seized property to a federal agency or to a governmental entity not created or subject to the
1532     laws of this state.
1533          (3) An agency or prosecuting attorney may transfer or release seized property to a
1534     federal agency or to a governmental entity not created or subject to the laws of this state if:
1535          (a) (i) the property is cash or another readily negotiable instrument; and
1536          (ii) the property is evidence in, or subject to, a federal criminal indictment, a federal
1537     criminal information, or a federal criminal complaint that is filed before the property is seized;
1538          (b) (i) the property is not cash or another readily negotiable instrument; and
1539          (ii) the property is evidence in, or subject to, a federal criminal indictment, a federal
1540     criminal information, or a federal criminal complaint that is filed before the day on which the
1541     agency with custody of the property is required to return the property if no criminal or civil
1542     action is filed by the prosecuting attorney or a federal prosecutor in accordance with Section
1543     [24-4-103.5] 77-11b-203;
1544          (c) (i) the property was used in the commission of an offense in another state; and

1545          (ii) an agency of that state requests the transfer of the property before the day on which
1546     the agency with custody of the property is required to return the property if no criminal or civil
1547     action is filed by the prosecuting attorney or a federal prosecutor in accordance with Section
1548     [24-4-103.5] 77-11b-203; or
1549          (d) a district court authorizes, in accordance with Subsection (5), the transfer or release
1550     of the property to an agency of another state or a federal agency upon a petition by a
1551     prosecuting attorney or a federal prosecutor.
1552          (4) (a) A prosecuting attorney, or a federal prosecutor, may file a petition in the district
1553     court for the transfer or release of seized property.
1554          (b) If a prosecuting attorney, or a federal prosecutor, files a petition under Subsection
1555     (4)(a), the petition shall include:
1556          (i) a detailed description of the property seized;
1557          (ii) the location where the property was seized;
1558          (iii) the date the property was seized;
1559          (iv) the case number assigned by the agency; and
1560          (v) a declaration that:
1561          (A) states the basis for relinquishing jurisdiction to a federal agency or an agency of
1562     another state;
1563          (B) contains the names and addresses of any known claimant; and
1564          (C) is signed by the prosecuting attorney or federal prosecutor.
1565          (5) A district court may not authorize the transfer or release of seized property under
1566     Subsection (3)(d), unless the district court finds, by a preponderance of the evidence:
1567          (a) the property is evidence in, or subject to, a federal criminal indictment, a federal
1568     criminal information, or a federal criminal complaint after the property is seized;
1569          (b) the property may only be forfeited under federal law;
1570          (c) forfeiting the property under state law would unreasonably burden the prosecuting
1571     attorney or agency; or
1572          (d) the property was subject to a federal criminal investigation before the property was
1573     seized.
1574          (6) (a) Before a district court may order the transfer of seized property in accordance
1575     with this section, the court, the prosecuting attorney, or the federal prosecutor shall mail a

1576     notice to:
1577          (i) each address contained in the declaration under Subsection (4)(b)(v) to give a
1578     claimant the right to be heard with regard to the transfer; and
1579          (ii) (A) if a federal prosecutor files the petition under Subsection (4), the prosecuting
1580     attorney that is representing the agency with custody of the property; or
1581          (B) if a prosecuting attorney files the petition under Subsection (4), the federal
1582     prosecutor who will receive the property upon the transfer or release of the property.
1583          (b) If a claimant, or the party under Subsection (6)(a)(i), does not object to the petition
1584     to transfer the property within 10 days after the day on which the notice is mailed, the district
1585     court shall issue the district court's order in accordance with this section.
1586          (c) If the declaration does not include an address for a claimant, the district court shall
1587     delay the district court's order under this section for 20 days to allow time for the claimant to
1588     appear and make an objection.
1589          (d) (i) If a claimant, or a party under Subsection (6)(a)(i), contests a petition to transfer
1590     the property to a federal agency or to another governmental entity not created or subject to the
1591     laws of this state, the district court shall promptly set the matter for hearing.
1592          (ii) In making a determination under Subsection (5), the district court shall consider
1593     evidence regarding hardship, complexity, judicial and law enforcement resources, protections
1594     afforded under state and federal law, pending state or federal investigations, and any other
1595     relevant matter.
1596          (7) If an agency receives property, money, or other things of value under a federal law
1597     that authorizes the sharing or transfer of all or a portion of forfeited property, or the proceeds
1598     from the sale of forfeited property, the agency:
1599          (a) shall use the property, money, or other things of value in compliance with federal
1600     laws and regulations relating to equitable sharing;
1601          (b) may use the property, money, or other things of value for a law enforcement
1602     purpose described in Subsection [24-4-117(10)] 77-11b-403(10); and
1603          (c) may not use the property, money, or other thing of value for a law enforcement
1604     purpose prohibited in Subsection [24-4-117(11)] 77-11b-403(11).
1605          (8) An agency awarded an equitable share of property forfeited by the federal
1606     government may use the award money only after approval of the use by the agency's legislative

1607     body.
1608          (9) If a district court exercises exclusive jurisdiction over seized property, the district
1609     court's exclusive jurisdiction is terminated if the property is released by the agency with
1610     custody of the property to a claimant under:
1611          (a) Part 3, Release of Seized Property to Claimant; or
1612          (b) Section 77-11b-203.[:]
1613          [(a) a claimant under Subsection 24-2-107(1)(a), Section 24-3-104, or Section
1614     24-4-103.5;]
1615          [(b) a rightful owner under Section 24-3-103; or]
1616          [(c) an innocent owner or an interest holder under Section 24-2-108.]
1617          Section 29. Section 77-11a-301, which is renumbered from Section 24-2-107 is
1618     renumbered and amended to read:
1619     
Part 3. Release of Seized Property to Claimant

1620          [24-2-107].      77-11a-301. Release of seized property to claimant -- Generally.
1621          [(1) (a) Subject to Title 53, Chapter 20, Forensic Biological Evidence Preservation, an]
1622          (1) (a) An agency with custody of seized property, or the prosecuting attorney, may
1623     release the property to a claimant if the agency or the prosecuting attorney:
1624          (i) determines that [retention of the property is unnecessary] the agency does not need
1625     to retain or preserve the property as evidence under Chapter 11c, Retention of Evidence; or
1626          (ii) seeks to return the property to the claimant because the agency or prosecuting
1627     attorney determines that the claimant is an innocent owner or an interest holder.
1628          (b) An agency with custody of seized property, or the prosecuting attorney, may not
1629     release property under this Subsection (1) if the property is subject to retention or preservation
1630     under Chapter 11c, Retention of Evidence.
1631          [(b)] (2) An agency with custody of the seized property, or the prosecuting attorney,
1632     shall release the property to a claimant if:
1633          [(i)] (a) the claimant posts a surety bond or cash with the court in accordance with
1634     [Subsection (2)] Section 77-11a-302;
1635          [(ii)] (b) the court orders the release of property to the claimant for hardship purposes
1636     under [Subsection (3)] Section 77-11a-303;
1637          [(iii)] (c) a claimant establishes that the claimant is an innocent owner or an interest

1638     holder under [Section 24-2-108] Section 77-11a-304; or
1639          [(iv)] (d) the court orders property retained as evidence to be released to [a rightful
1640     owner] the claimant under [Section 24-3-104] Section 77-11a-305.
1641          (3) (a) For a computer determined to be contraband, a court may order the reasonable
1642     extraction and return of specifically described personal digital data to the owner of the
1643     computer.
1644          (b) The agency shall determine a reasonable cost to extract the data.
1645          (c) At the time of the request to extract the data, the owner of the computer shall pay
1646     the agency the cost to extract the data.
1647          (4) If a peace officer for the Division of Wildlife Resources seizes a vehicle, the
1648     Division of Wildlife Resources shall release the vehicle to a claimant in accordance with
1649     Section 23-20-1.
1650          (5) If an agency is not required, or is no longer required, to retain or preserve property
1651     as evidence under Chapter 11c, Retention of Evidence, and the agency seeks to release or
1652     dispose of the property, the agency shall exercise due diligence in attempting to notify the
1653     claimant of the property to advise the claimant that the property is to be returned.
1654          (6) (a) Before an agency may release seized property to a person claiming ownership of
1655     the property, the person shall establish that the person:
1656          (i) is the owner of the property; and
1657          (ii) may lawfully possess the property.
1658          (b) The person shall establish ownership under Subsection (6)(a) by providing to the
1659     agency:
1660          (i) identifying proof or documentation of ownership of the property; or
1661          (ii) a notarized statement if proof or documentation is not available.
1662          (c) When seized property is returned to the owner, the owner shall sign a receipt listing
1663     in detail the property that is returned.
1664          (d) The agency shall:
1665          (i) retain a copy of the receipt; and
1666          (ii) provide a copy of the receipt to the owner.
1667          [(2) (a) Except as provided in Subsection (2)(b), a claimant may obtain release of
1668     seized property by posting a surety bond or cash with the court that is in an amount equal to the

1669     current fair market value of the property as determined by the court or a stipulation by the
1670     parties.]
1671          [(b) A court may refuse to order the release under Subsection (2)(a) of:]
1672          [(i) the property if:]
1673          [(A) the bond tendered is inadequate;]
1674          [(B) the property is retained as evidence or is subject to retention under Title 53,
1675     Chapter 20, Forensic Biological Evidence Preservation; or]
1676          [(C) the property is particularly altered or designed for use in the commission of the
1677     offense subjecting the property to forfeiture; or]
1678          [(ii) contraband.]
1679          [(c) If a surety bond or cash is posted and the court later determines that the property is
1680     forfeited, the court shall order the forfeiture of the surety bond or cash in lieu of the property.]
1681          [(3) A claimant is entitled to the immediate release of seized property for which the
1682     agency has filed a notice of intent to forfeit under Section 24-4-103 if:]
1683          [(a) the claimant had a possessory interest in the property at the time of seizure;]
1684          [(b) continued possession by the agency pending a forfeiture proceeding will cause
1685     substantial hardship to the claimant, including:]
1686          [(i) preventing the functioning of a legitimate business;]
1687          [(ii) preventing any individual from working;]
1688          [(iii) preventing any child from attending elementary or secondary school;]
1689          [(iv) preventing or hindering an individual from receiving necessary medical care;]
1690          [(v) preventing the care of a dependent child or adult who is elderly or disabled;]
1691          [(vi) leaving an individual homeless; or]
1692          [(vii) any other condition that the court determines causes a substantial hardship;]
1693          [(c) the hardship from the continued possession of the property by the agency
1694     outweighs the risk that the property will be destroyed, damaged, lost, concealed, or transferred
1695     if the property is returned to the claimant during the pendency of the proceeding; and]
1696          [(d) the determination of substantial hardship under this Subsection (3) is based upon
1697     the property's use before the seizure.]
1698          [(4) A claimant may file a motion or petition for hardship release under Subsection
1699     (3):]

1700          [(a) in the court in which forfeiture proceedings have commenced; or]
1701          [(b) in a district court where there is venue if a forfeiture proceeding has not yet
1702     commenced.]
1703          [(5) The motion or petition for hardship release shall be served upon the agency with
1704     custody of the property within five days after the day on which the motion or petition is filed.]
1705          [(6) The court shall:]
1706          [(a) schedule a hearing on the motion or petition within 14 days after the day on which
1707     the motion or petition is filed; and]
1708          [(b) render a decision on a motion or petition for hardship filed under this section no
1709     later than 20 days after the day of the hearing, unless this period is extended by the agreement
1710     of both parties or by the court for good cause shown.]
1711          [(7) (a) If the claimant demonstrates substantial hardship under Subsection (3), the
1712     court shall order the property immediately released to the claimant pending completion of any
1713     forfeiture proceeding.]
1714          [(b) The court may place conditions on release of the property as the court finds
1715     necessary and appropriate to preserve the availability of the property or the property's
1716     equivalent for forfeiture.]
1717          [(8) The hardship release under this section does not apply to:]
1718          [(a) contraband; or]
1719          [(b) property that is:]
1720          [(i) subject to retention under Title 53, Chapter 20, Forensic Biological Evidence
1721     Preservation; or]
1722          [(ii) likely to be used to commit additional offenses if returned to the claimant.]
1723          Section 30. Section 77-11a-302 is enacted to read:
1724          77-11a-302. Release of seized property to claimant by surety bond or cash.
1725          (1) Except as provided in Subsection (2), a claimant may obtain release of seized
1726     property by posting a surety bond or cash with the court that is in an amount equal to the
1727     current fair market value of the property as determined by the court or a stipulation by the
1728     parties.
1729          (2) A court may refuse to order the release of property under Subsection (1) if:
1730          (a) the bond tendered for the property is inadequate;

1731          (b) the property is subject to the retention or preservation requirements under Chapter
1732     11c, Retention of Evidence;
1733          (c) the property is particularly altered or designed for use in the commission of the
1734     offense subjecting the property to forfeiture under Section 77-11b-102; or
1735          (d) the property is contraband.
1736          (3) If a surety bond or cash is posted and the court later determines that the property is
1737     forfeited, the court shall order the forfeiture of the surety bond or cash in lieu of the property.
1738          Section 31. Section 77-11a-303 is enacted to read:
1739          77-11a-303. Release of seized property subject to forfeiture to claimant for
1740     hardship.
1741          (1) A claimant is entitled to the immediate release of seized property for which the
1742     agency has filed a notice of intent to forfeit under Section 77-11b-201 if:
1743          (a) the claimant had a possessory interest in the property at the time of seizure;
1744          (b) continued possession by the agency pending a forfeiture proceeding will cause
1745     substantial hardship to the claimant, including:
1746          (i) preventing the functioning of a legitimate business;
1747          (ii) preventing any individual from working;
1748          (iii) preventing any child from attending elementary or secondary school;
1749          (iv) preventing or hindering an individual from receiving necessary medical care;
1750          (v) preventing the care of a dependent child or adult who is elderly or disabled;
1751          (vi) leaving an individual homeless; or
1752          (vii) any other condition that the court determines causes a substantial hardship;
1753          (c) the hardship from the continued possession of the property by the agency outweighs
1754     the risk that the property will be destroyed, damaged, lost, concealed, or transferred if the
1755     property is returned to the claimant during the pendency of the proceeding; and
1756          (d) the determination of substantial hardship under this Subsection (1) is based upon
1757     the property's use before the seizure.
1758          (2) A claimant may file a motion or petition for hardship release under this section:
1759          (a) in the court in which forfeiture proceedings have commenced; or
1760          (b) in a district court where there is venue under Section 77-11a-102 if a forfeiture
1761     proceeding has not yet commenced.

1762          (3) The motion or petition for hardship release shall be served upon the agency with
1763     custody of the property within five days after the day on which the motion or petition is filed.
1764          (4) The court shall:
1765          (a) schedule a hearing on the motion or petition within 14 days after the day on which
1766     the motion or petition is filed; and
1767          (b) render a decision on a motion or petition for hardship filed under this section no
1768     later than 20 days after the day of the hearing, unless this period is extended by the agreement
1769     of both parties or by the court for good cause shown.
1770          (5) If the claimant demonstrates substantial hardship under Subsection (1), the court
1771     shall order the property immediately released to the claimant pending completion of any
1772     forfeiture proceeding.
1773          (6) The court may place conditions on release of the property as the court finds
1774     necessary and appropriate to preserve the availability of the property or the property's
1775     equivalent for forfeiture.
1776          (7) The hardship release under this section does not apply to:
1777          (a) contraband;
1778          (b) property that is subject to the retention or preservation requirements under Chapter
1779     11c, Retention of Evidence; or
1780          (c) property that is likely to be used to commit additional offenses if returned to the
1781     claimant.
1782          Section 32. Section 77-11a-304, which is renumbered from Section 24-2-108 is
1783     renumbered and amended to read:
1784          [24-2-108].      77-11a-304. Release of seized property to innocent owner or interest
1785     holder.
1786          (1) (a) [Subject to Title 53, Chapter 20, Forensic Biological Evidence Preservation, a]
1787     Except for property required to be retained or preserved under Chapter 11c, Retention of
1788     Evidence, a claimant alleged to be an innocent owner or an interest holder may recover
1789     possession of seized property by:
1790          (i) submitting a written request with the seizing agency before the later of:
1791          (A) the commencement of a civil [asset] forfeiture proceeding under Section
1792     77-11b-302; or

1793          (B) 30 days after the day on which the property was seized; and
1794          (ii) providing the seizing agency with:
1795          (A) evidence that establishes proof of ownership; and
1796          (B) a brief description of the date, time, and place that the claimant mislaid or
1797     relinquished possession of the seized property, or any evidence that the claimant is an innocent
1798     owner or an interest holder.
1799          (b) If a seizing agency receives a claim under Subsection (1)(a), the seizing agency
1800     shall issue a written response to the claimant within 30 days after the day on which the seizing
1801     agency receives the claim.
1802          (c) A response under Subsection (1)(b) from the seizing agency shall indicate whether
1803     the claim has been granted, denied on the merits, or denied for failure to provide the
1804     information required by Subsection (1)(a)(ii).
1805          (d) (i) If a seizing agency denies a claim for failure to provide the information required
1806     by Subsection (1)(a)(ii), the claimant has 15 days after the day on which the claim is denied to
1807     submit additional information.
1808          (ii) If a prosecuting attorney has not filed a civil action seeking to forfeit the property
1809     under Section 77-11b-302, and a seizing agency has denied a claim for failure to provide the
1810     information required by Subsection (1)(a)(ii), the prosecuting attorney may not commence a
1811     civil action until:
1812          (A) the claimant has submitted information under Subsection (1)(d)(i); or
1813          (B) the deadline for the claimant to submit information under Subsection (1)(d)(i) has
1814     passed.
1815          (e) If a seizing agency fails to issue a written response within 30 days after the day on
1816     which the seizing agency receives the response, the seizing agency shall return the property.
1817          (2) If a claim under Subsection (1)(a) is granted, or the property is returned because the
1818     seizing agency fails to respond within 30 days, a claimant may not receive any expenses, costs,
1819     or attorney fees for the returned property.
1820          (3) A claimant may collect reasonable attorney fees and court costs if:
1821          (a) a claimant filed a claim under Subsection (1)(a);
1822          (b) the seizing agency denies the claim on the merits; and
1823          (c) a court determines that the claimant is an innocent owner or an interest holder in a

1824     civil asset forfeiture proceeding.
1825          (4) If a court grants reasonable attorney fees and court costs, the amount of the attorney
1826     fees begins to accrue from the day on which the seizing agency denied the claim.
1827          (5) If the court grants reasonable attorney fees and court costs under Subsection (3), the
1828     attorney fees and court costs are not subject to the 50% cap under Subsection [24-4-110(2)]
1829     77-11b-305(2).
1830          (6) A communication between parties regarding a claim submitted under Subsection
1831     (3) and any evidence provided to the parties in connection with a claim is subject to the Utah
1832     Rules of Evidence, Rules 408 and 410.
1833          [(7) An agency and the prosecuting attorney may not forfeit the seized property of an
1834     innocent owner or an interest holder.]
1835          Section 33. Section 77-11a-305, which is renumbered from Section 24-3-104 is
1836     renumbered and amended to read:
1837          [24-3-104].      77-11a-305. Release of seized property to claimant when seized
1838     property is retained as evidence.
1839          (1) (a) A claimant may file a petition with the court for the return of the property that is
1840     being retained as evidence in accordance with Chapter 11c, Retention of Evidence.
1841          (b) The claimant may file the petition in:
1842          (i) the court in which criminal proceedings have commenced regarding the offense for
1843     which the property is being retained as evidence; or
1844          (ii) the district court with venue under Section [24-1-103] 77-11a-102 if there are no
1845     pending criminal proceedings.
1846          (c) A claimant shall serve a copy of the petition on the prosecuting attorney and the
1847     agency with custody of the property.
1848          (2) (a) The court shall provide an opportunity for an expedited hearing.
1849          (b) After the opportunity for an expedited hearing, the court may order that the property
1850     is:
1851          (i) returned to the [rightful owner] claimant if the claimant is the owner as determined
1852     by the court;
1853          (ii) if the offense subjecting the property to seizure results in a conviction, applied
1854     directly or by proceeds of the sale of the property toward restitution, fines, or fees owed by the

1855     [rightful owner] claimant in an amount set by the court;
1856          (iii) converted to a public interest use;
1857          (iv) held for further legal action;
1858          (v) sold at public auction and the proceeds of the sale applied to a public interest use;
1859     or
1860          (vi) destroyed.
1861          (3) Before the court can order property be returned to a claimant, the claimant shall
1862     establish, by clear and convincing evidence, that the claimant:
1863          (a) is the [rightful owner] owner of the property; and
1864          (b) may lawfully possess the property.
1865          (4) If the court orders the property to be returned to the claimant, the agency with
1866     custody of the property shall return the property to the claimant as expeditiously as possible.
1867          Section 34. Section 77-11a-401, which is renumbered from Section 24-3-101.5 is
1868     renumbered and amended to read:
1869     
Part 4. Disposal of Seized Property and Contraband

1870          [24-3-101.5].      77-11a-401. Applicability of this part.
1871          The provisions of this [chapter] part do not apply to property or contraband:
1872          [(1) that is subject to the retention requirements under Title 53, Chapter 20, Forensic
1873     Biological Evidence Preservation; or]
1874          [(2)] (1) for which an agency has filed a notice of intent to seek forfeiture under
1875     [Section 24-4-103.] Chapter 11b, Forfeiture of Seized Property; or
1876          (2) until the property or contraband is no longer subject to the retention or preservation
1877     requirements under Chapter 11c, Retention of Evidence.
1878          Section 35. Section 77-11a-402, which is renumbered from Section 24-3-103 is
1879     renumbered and amended to read:
1880          [24-3-103].      77-11a-402. Disposition of seized property and contraband --
1881     Return of seized property.
1882          (1) If a prosecuting attorney determines that seized property no longer needs to be
1883     retained [for court proceedings] as evidence under Chapter 11c, Retention of Evidence, the
1884     prosecuting attorney may:
1885          (a) petition the court to apply the property that is money towards restitution, fines, fees,

1886     or monetary judgments owed by the owner of the property;
1887          (b) petition the court for an order transferring ownership of any weapons to the agency
1888     with custody for the agency's use and disposal in accordance with Section [24-3-103.5,]
1889     77-11a-403 if the owner:
1890          (i) is the individual who committed the offense for which the weapon was seized; or
1891          (ii) may not lawfully possess the weapon; or
1892          (c) notify the agency with custody of the property or contraband that:
1893          (i) the property may be returned to the [rightful] owner in accordance with Section
1894     77-11a-301 if the [rightful] owner may lawfully possess the property; or
1895          (ii) the contraband may be disposed of or destroyed.
1896          [(2) The agency shall exercise due diligence in attempting to notify the rightful owner
1897     of the property to advise the owner that the property is to be returned.]
1898          [(3) (a) For a computer determined to be contraband, a court may order the reasonable
1899     extraction and return of specifically described personal digital data to the rightful owner.]
1900          [(b) The law enforcement agency shall determine a reasonable cost to extract the data.]
1901          [(c) At the time of the request to extract the data, the owner of the computer shall pay
1902     the agency the cost to extract the data.]
1903          [(4) (a) Before an agency may release seized property to a person claiming ownership
1904     of the property, the person shall establish in accordance with Subsection (4)(b) that the
1905     person:]
1906          [(i) is the rightful owner; and]
1907          [(ii) may lawfully possess the property.]
1908          [(b) The person shall establish ownership under Subsection (4)(a) by providing to the
1909     agency:]
1910          [(i) identifying proof or documentation of ownership of the property; or]
1911          [(ii) a notarized statement if proof or documentation is not available.]
1912          [(5) (a) When seized property is returned to the owner, the owner shall sign a receipt
1913     listing in detail the property that is returned.]
1914          [(b) The agency shall:]
1915          [(i) retain a copy of the receipt; and]
1916          [(ii) provide a copy of the receipt to the owner.]

1917          [(6)] (2) (a) Except as provided in Subsection [(6)(b)] (2)(b), if the agency is unable to
1918     locate the [rightful] owner of the property or the [rightful] owner is not entitled to lawfully
1919     possess the property, the agency may:
1920          (i) apply the property to a public interest use;
1921          (ii) sell the property at public auction and apply the proceeds of the sale to a public
1922     interest use; or
1923          (iii) destroy the property if the property is unfit for a public interest use or for sale.
1924          (b) If the property described in Subsection [(6)(a)] (2)(a) is a firearm, the agency shall
1925     dispose of the firearm in accordance with Section [24-3-103.5] 77-11a-403.
1926          [(7)] (3) Before applying the property or the proceeds from the sale of the property to a
1927     public interest use, the agency shall obtain from the legislative body of the agency's
1928     jurisdiction:
1929          (a) permission to apply the property or the proceeds to public interest use; and
1930          (b) the designation and approval of the public interest use of the property or the
1931     proceeds.
1932          [(8)] (4) If a peace officer seizes property that at the time of seizure is held by a pawn
1933     or secondhand business in the course of the pawn or secondhand business's business, the
1934     provisions of Section 13-32a-116 shall apply to the disposition of the property.
1935          Section 36. Section 77-11a-403, which is renumbered from Section 24-3-103.5 is
1936     renumbered and amended to read:
1937          [24-3-103.5].      77-11a-403. Disposition of firearms no longer needed as
1938     evidence.
1939          (1) As used in this section:
1940          (a) "Confiscated or unclaimed firearm" means a firearm that is subject to disposal by
1941     an agency under Section [24-3-103 or] 53-5c-202 or 77-11a-402.
1942          (b) "Department" means the Department of Public Safety created in Section 53-1-103.
1943          (c) "Federally licensed firearms dealer" means a person:
1944          (i) licensed as a dealer under 18 U.S.C. Sec. 923; and
1945          (ii) engaged in the business of selling firearms.
1946          (d) "State-approved dealer" means the federally licensed firearms dealer that contracts
1947     with the department under Subsection (4).

1948          (2) An agency shall dispose of a confiscated or unclaimed firearm by:
1949          (a) selling or destroying the confiscated or unclaimed firearm in accordance with
1950     Subsection (3);
1951          (b) giving the confiscated or unclaimed firearm to the state-approved dealer to sell or
1952     destroy in accordance with Subsection (4) and the agreement between the state-approved dealer
1953     and the department; or
1954          (c) after the agency obtains approval from the legislative body of the agency's
1955     jurisdiction, transferring the confiscated or unclaimed firearm to the Bureau of Forensic
1956     Services, created in Section 53-10-401, or another public forensic laboratory for testing.
1957          (3) (a) An agency that elects to dispose of a confiscated or unclaimed firearm under
1958     Subsection (2)(a) shall:
1959          (i) sell the confiscated or unclaimed firearm to a federally licensed firearms dealer and
1960     apply the proceeds from the sale to a public interest use; or
1961          (ii) destroy the firearm, if the agency determines that:
1962          (A) the condition of a confiscated or unclaimed firearm makes the firearm unfit for
1963     sale; or
1964          (B) the confiscated or unclaimed firearm is associated with a notorious crime.
1965          (b) Before an agency applies the proceeds of a sale of a confiscated or unclaimed
1966     firearm to a public interest use, the agency shall obtain from the legislative body of the agency's
1967     jurisdiction:
1968          (i) permission to apply the proceeds of the sale to a public interest use; and
1969          (ii) the designation and approval of the public interest use to which the agency applies
1970     the proceeds.
1971          (4) (a) (i) The department shall, in accordance with Title 63G, Chapter 6a, Utah
1972     Procurement Code, contract with a federally licensed firearms dealer to sell or destroy all
1973     confiscated or unclaimed firearms in the state.
1974          (ii) The term of an agreement executed in accordance with this Subsection (4) may not
1975     exceed five years.
1976          (iii) Nothing in this Subsection (4) prevents the department from contracting with the
1977     same federally licensed firearms dealer more than once.
1978          (b) An agreement executed in accordance with Subsection (4)(a) shall:

1979          (i) address the amount of money that the federally licensed firearms dealer is entitled to
1980     retain from the sale of each confiscated or unclaimed firearm as compensation for the federally
1981     licensed firearms dealer's performance under the agreement;
1982          (ii) require the federally licensed firearms dealer to donate, on behalf of the state, all
1983     proceeds from the sale of a confiscated or unclaimed firearm, except the amount described in
1984     Subsection (4)(b)(i), to an organization that:
1985          (A) is exempt from taxation under Section 501(c)(3), Internal Revenue Code;
1986          (B) complies with any applicable licensing or registration requirements in the state;
1987          (C) primarily helps the families of law enforcement officers in the state who die in the
1988     line of duty;
1989          (D) gives financial assistance to the families of law enforcement officers in the state
1990     who die in the line of duty; and
1991          (E) provides other assistance to children of active law enforcement officers, including
1992     scholarships;
1993          (iii) state that if the federally licensed firearms dealer determines that the condition of a
1994     confiscated or unclaimed firearm makes the firearm unfit for sale, the federally licensed
1995     firearms dealer shall destroy the firearm; and
1996          (iv) provide a procedure by which the department can ensure that the federally licensed
1997     firearms dealer complies with the provisions of the agreement and applicable law.
1998          Section 37. Section 77-11b-101 is enacted to read:
1999     
CHAPTER 11b. FORFEITURE OF SEIZED PROPERTY

2000     
Part 1. General Provisions

2001          77-11b-101. Definitions.
2002          As used in this chapter:
2003          (1) (a) "Acquitted" means a finding by a jury or a judge at trial that a claimant is not
2004     guilty.
2005          (b) "Acquitted" does not include:
2006          (i) a verdict of guilty on a lesser or reduced charge;
2007          (ii) a plea of guilty to a lesser or reduced charge; or
2008          (iii) dismissal of a charge as a result of a negotiated plea agreement.
2009          (2) "Agency" means the same as that term is defined in Section 77-11a-101.

2010          (3) "Claimant" means the same as that term is defined in Section 77-11a-101.
2011          (4) "Commission" means the State Commission on Criminal and Juvenile Justice
2012     created in Section 63M-7-201.
2013          (5) "Complaint" means a civil or criminal complaint seeking the forfeiture of any
2014     property under this chapter.
2015          (6) "Forfeit" means to divest a claimant of an ownership interest in property seized
2016     under Section 77-11a-201 .
2017          (7) "Innocent owner" means the same as that term is defined in Section 77-11a-101.
2018          (8) "Interest holder" means the same as that term is defined in Section 77-11a-101.
2019          (9) "Known address" means:
2020          (a) any address provided by a claimant to the peace officer or agency at the time the
2021     property is seized; or
2022          (b) the claimant's most recent address on record with a governmental entity if no
2023     address was provided at the time of the seizure.
2024          (10) "Legal costs" means the costs and expenses incurred by a party in a forfeiture
2025     action.
2026          (11) "Legislative body" means the same as that term is defined in Section 77-11a-101.
2027          (12) "Peace officer" means the same as that term is defined in Section 77-11a-101.
2028          (13) "Proceeds" means the same as that term is defined in Section 77-11a-101.
2029          (14) "Program" means the State Asset Forfeiture Grant Program created in Section
2030     77-11b-403.
2031          (15) "Property" means the same as that term is defined in Section 77-11a-101.
2032          (16) "Prosecuting attorney" means the same as that term is defined in Section
2033     77-11a-101.
2034          (17) "Seized property" means the same as that term is defined in Section 77-11a-101.
2035          Section 38. Section 77-11b-102, which is renumbered from Section 24-4-102 is
2036     renumbered and amended to read:
2037          [24-4-102].      77-11b-102. Property subject to forfeiture.
2038          (1) (a) Except as provided in Subsection (2), (3), or (4), an agency may seek to forfeit:
2039          [(a)] (i) seized property that was used to facilitate the commission of an offense that is
2040     a violation of federal or state law; [and] or

2041          [(b)] (ii) seized proceeds.
2042          (b) An agency, or the prosecuting attorney, may not forfeit the seized property of an
2043     innocent owner or an interest holder.
2044          (2) If seized property is used to facilitate an offense that is a violation of Section
2045     76-10-1204, 76-10-1205, 76-10-1206, or 76-10-1222, an agency may not forfeit the property if
2046     the forfeiture would constitute a prior restraint on the exercise of an affected party's rights
2047     under the First Amendment to the Constitution of the United States or Utah Constitution,
2048     Article I, Section 15, or would otherwise unlawfully interfere with the exercise of the party's
2049     rights under the First Amendment to the Constitution of the United States or Utah Constitution,
2050     Article I, Section 15.
2051          (3) If a motor vehicle is used in an offense that is a violation of Section 41-6a-502,
2052     41-6a-517, a local ordinance that complies with the requirements of Subsection 41-6a-510(1),
2053     Subsection 76-5-102.1(2)(b), or Section 76-5-207, an agency may not seek forfeiture of the
2054     motor vehicle, unless:
2055          (a) the operator of the vehicle has previously been convicted of an offense committed
2056     after May 12, 2009, that is:
2057          (i) a felony driving under the influence violation under Section 41-6a-502 or
2058     Subsection 76-5-102.1(2)(a);
2059          (ii) a felony violation under Subsection 76-5-102.1(2)(b);
2060          (iii) a violation under Section 76-5-207; or
2061          (iv) operating a motor vehicle with any amount of a controlled substance in an
2062     individual's body and causing serious bodily injury or death, as codified before May 4, 2022,
2063     Laws of Utah 2021, Chapter 236, Section 1, Subsection 58-37-8(2)(g); or
2064          (b) the operator of the vehicle was driving on a denied, suspended, revoked, or
2065     disqualified license and:
2066          (i) the denial, suspension, revocation, or disqualification under Subsection (3)(b)(ii)
2067     was imposed because of a violation under:
2068          (A) Section 41-6a-502;
2069          (B) Section 41-6a-517;
2070          (C) a local ordinance that complies with the requirements of Subsection 41-6a-510(1);
2071          (D) Section 41-6a-520;

2072          (E) operating a motor vehicle with any amount of a controlled substance in an
2073     individual's body and causing serious bodily injury or death, as codified before May 4, 2022,
2074     Laws of Utah 2021, Chapter 236, Section 1, Subsection 58-37-8(2)(g);
2075          (F) Section 76-5-102.1;
2076          (G) Section 76-5-207; or
2077          (H) a criminal prohibition as a result of a plea bargain after having been originally
2078     charged with violating one or more of the sections or ordinances described in Subsections
2079     (3)(b)(i)(A) through (G); or
2080          (ii) the denial, suspension, revocation, or disqualification described in [Subsections
2081     (3)(b)(i)(A) through (H)] Subsection (3)(b)(i):
2082          (A) is an extension imposed under Subsection 53-3-220(2) of a denial, suspension,
2083     revocation, or disqualification; and
2084          (B) the original denial, suspension, revocation, or disqualification was imposed
2085     because of a violation described in [Subsections (3)(b)(i)(A) through (H)] Subsection (3)(b)(i).
2086          (4) If a peace officer seizes property incident to an arrest solely for possession of a
2087     controlled substance under Subsection 58-37-8(2)(a)(i) but not Subsection 58-37-8(2)(b)(i), an
2088     agency may not seek to forfeit the property that was seized in accordance with the arrest.
2089          Section 39. Section 77-11b-103, which is renumbered from Section 24-4-106 is
2090     renumbered and amended to read:
2091          [24-4-106].      77-11b-103. Trial by jury.
2092          The right to trial by jury applies to forfeiture proceedings under this chapter.
2093          Section 40. Section 77-11b-104 is enacted to read:
2094          77-11b-104. Venue.
2095          Notwithstanding Title 78B, Chapter 3, Part 3, Place of Trial -- Venue, or any other
2096     provision of law, a person may bring an action or proceeding under this chapter in the judicial
2097     district in which:
2098          (1) the property is seized;
2099          (2) any part of the property is found; or
2100          (3) a civil or criminal action could be maintained against a claimant for the offense
2101     subjecting the property to forfeiture under this chapter.
2102          Section 41. Section 77-11b-105, which is renumbered from Section 24-4-119 is

2103     renumbered and amended to read:
2104          [24-4-119].      77-11b-105. Training requirements.
2105          (1) As used in this section:
2106          (a) "Council" means the Utah Prosecution Council created in Section 67-5a-1.
2107          (b) "Division" means the Peace Officers Standards and Training Division created in
2108     Section 53-6-103.
2109          (2) To participate in the program, an agency shall have at least one employee who is
2110     certified by the division as an asset forfeiture specialist through the completion of an online
2111     asset forfeiture course by the division.
2112          (3) The division shall:
2113          (a) develop an online asset forfeiture specialist course that is available to an agency for
2114     certification purposes;
2115          (b) certify an employee of an agency who meets the course requirements to be an asset
2116     forfeiture specialist;
2117          (c) recertify, every 36 months, an employee who is designated as an asset forfeiture
2118     specialist by an agency;
2119          (d) submit annually a report to the commission no later than April 30 that contains a
2120     list of the names of the employees and agencies participating in the certification courses;
2121          (e) review and update the asset forfeiture specialist course each year to comply with
2122     state and federal law; and
2123          (f) provide asset forfeiture training to all peace officers in basic training programs.
2124          (4) To be reimbursed for costs under Subsection [24-4-115(3)(b)] 77-11b-401(3)(b), a
2125     prosecuting agency shall have at least one employee who is certified by the council as an asset
2126     forfeiture specialist through the completion of an online asset forfeiture course.
2127          (5) The council shall:
2128          (a) develop an online asset forfeiture specialist course that is available to a prosecuting
2129     agency for certification purposes;
2130          (b) certify an employee of a prosecuting agency who meets the course requirements to
2131     be an asset forfeiture specialist;
2132          (c) submit annually a report to the commission no later than April 30 that contains a
2133     list of the names of the employees and prosecuting agencies participating in certification

2134     courses by the council; and
2135          (d) review and update the asset forfeiture specialist course each year to comply with
2136     state and federal law.
2137          Section 42. Section 77-11b-201, which is renumbered from Section 24-4-103 is
2138     renumbered and amended to read:
2139     
Part 2. Initiating Forfeiture of Seized Property

2140          [24-4-103].      77-11b-201. Initiating forfeiture proceedings -- Notice of intent to
2141     seek forfeiture.
2142          (1) (a) If an agency seeks to forfeit [property seized under this title] seized property, the
2143     agency shall serve a notice of intent to seek forfeiture to any known claimant within 30 days
2144     after the day on which the property is seized.
2145          (b) The notice of intent to seek forfeiture shall describe:
2146          (i) the date of the seizure;
2147          (ii) the property seized;
2148          (iii) the claimant's rights and obligations under this chapter and Chapter 11a, Seizure of
2149     Property and Contraband, including the availability of hardship relief in appropriate
2150     circumstances; and
2151          (iv) the statutory basis for the forfeiture, including the judicial proceedings by which
2152     the property may be forfeited under this chapter.
2153          (c) The agency shall serve the notice of intent to seek forfeiture by:
2154          (i) certified mail, with a return receipt requested, to the claimant's known address; or
2155          (ii) personal service.
2156          (d) A court may void a forfeiture made without notice under Subsection (1)(a), unless
2157     the agency demonstrates:
2158          (i) good cause for the failure to give notice to the claimant; or
2159          (ii) that the claimant had actual notice of the seizure.
2160          (2) Before an agency serves a notice of intent to forfeit seized property under
2161     Subsection (1)(a), the agency shall conduct a search of public records applicable to the seized
2162     property, including county records or records of the Division of Corporations and Commercial
2163     Code, the Division of Motor Vehicles, or other state or federal licensing agencies, in order to
2164     obtain the name and address of each interest holder of the property.

2165          (3) If an agency serves a notice of intent to forfeit seized property under Subsection
2166     (1)(a), an individual or entity may not alienate, convey, sequester, or attach the property until a
2167     court:
2168          (a) issues a final order to dismiss an action under this [title] chapter; or
2169          (b) orders the forfeiture of the property.
2170          (4) (a) (i) If an agency has served each claimant with a notice of intent to seek
2171     forfeiture, the agency shall present a written request for forfeiture to the prosecuting attorney of
2172     the municipality or county where the property is seized.
2173          (ii) The agency shall provide the request under Subsection (4)(a)(i) no later than 45
2174     days after the day on which the property is seized.
2175          (b) The written request described in Subsection (4)(a) shall:
2176          (i) describe the property that the agency is seeking to forfeit; and
2177          (ii) include a copy of all reports, supporting documents, and other evidence that is
2178     necessary for the prosecuting attorney to determine the legal sufficiency for filing a forfeiture
2179     action.
2180          (c) The prosecuting attorney shall:
2181          (i) review the written request described in Subsection (4)(a)(i); and
2182          (ii) within 75 days after the day on which the property is seized, decline or accept, in
2183     writing, the agency's written request for the prosecuting attorney to initiate a proceeding to
2184     forfeit the property.
2185          Section 43. Section 77-11b-202, which is renumbered from Section 24-4-103.3 is
2186     renumbered and amended to read:
2187          [24-4-103.3].      77-11b-202. Sale of seized property subject to forfeiture.
2188          (1) (a) [Subject to Subsection (2) and Title 53, Chapter 20, Forensic Biological
2189     Evidence Preservation] Except for property that is required to be retained or preserved under
2190     Chapter 11c, Retention of Evidence, the court may order seized property[,] for which a
2191     forfeiture proceeding is pending[,] to:
2192          (i) be sold, leased, rented, or operated to satisfy a specified interest of any claimant; or
2193          (ii) preserve the interests of any party on motion of that party.
2194          (b) The court may only enter an order under Subsection (1)(a) after:
2195          (i) written notice to any person known to have an interest in the property has been

2196     given; and
2197          (ii) an opportunity for a hearing for any person known to have an interest in the
2198     property has occurred.
2199          (2) (a) A court may order a sale of property under Subsection (1) when:
2200          (i) the property is liable to perish, waste, or be significantly reduced in value; or
2201          (ii) the expenses of maintaining the property are disproportionate to the property's
2202     value.
2203          (b) A third party designated by the court shall:
2204          (i) dispose of the property by a commercially reasonable public sale; and
2205          (ii) distribute the proceeds in the following order of priority:
2206          (A) first, for the payment of reasonable expenses incurred in connection with the sale;
2207          (B) second, for the satisfaction of an interest, including an interest of an interest holder,
2208     in the order of an interest holder's priority as determined by Title 70A, Uniform Commercial
2209     Code; and
2210          (C) third, any balance of the proceeds shall be preserved in the actual or constructive
2211     custody of the court, in an interest-bearing account, subject to further proceedings under this
2212     chapter.
2213          Section 44. Section 77-11b-203, which is renumbered from Section 24-4-103.5 is
2214     renumbered and amended to read:
2215          [24-4-103.5].      77-11b-203. Mandatory return of seized property subject to
2216     forfeiture.
2217          (1) [Subject to Title 53, Chapter 20, Forensic Biological Evidence Preservation]
2218     Except for property that is required to be retained or preserved under Chapter 11c, Retention of
2219     Evidence, an agency shall promptly return [property seized under this title,] seized property to a
2220     claimant and the prosecuting attorney may take no further action to forfeit the property, unless
2221     within 75 days after the day on which the property is seized:
2222          (a) the prosecuting attorney:
2223          (i) files a criminal indictment or information under Subsection [24-4-105(3)]
2224     77-11b-301(3);
2225          (ii) files a petition to transfer the property to another agency in accordance with Section
2226     [24-2-105] 77-11a-205; or

2227          (iii) files a civil forfeiture complaint under Section [24-4-104] 77-11b-302; or
2228          (b) the prosecuting attorney or a federal prosecutor obtains a restraining order under
2229     Subsection [24-4-105(4)] 77-11b-301(4).
2230          (2) (a) The prosecuting attorney may file a petition to extend the deadline under
2231     Subsection (1) by 21 days.
2232          (b) If a prosecuting attorney files a petition under Subsection (2)(a)[,] and the
2233     prosecuting attorney provides good cause for extending the deadline, a court shall grant the
2234     petition.
2235          (c) The prosecuting attorney may not file more than one petition under this Subsection
2236     (2).
2237          (3) If a prosecuting attorney is unable to file a civil forfeiture complaint under
2238     Subsection (1)(a)(iii) because a claimant has filed a claim under Section [24-2-108] 77-11a-304
2239     and the claimant has an extension to provide additional information on the claim under
2240     Subsection [24-2-108(1)(d)] 77-11a-304(1)(d), the deadline under Subsection (1) may be
2241     extended by 15 days.
2242          Section 45. Section 77-11b-204, which is renumbered from Section 24-4-111 is
2243     renumbered and amended to read:
2244          [24-4-111].      77-11b-204. Compensation for damaged property subject to
2245     forfeiture.
2246          (1) As used in this section[,]:
2247          (a) ["damage] "Damage or other injury" does not mean normal depreciation,
2248     deterioration, or ordinary wear and tear of the property.
2249          (b) "Wildlife" means the same as that term is defined in Section 23-13-2.
2250          (2) If seized property is returned under this chapter, a claimant has a civil right of
2251     action against an agency for a claim based upon the negligent destruction, loss, or damage or
2252     other injury to seized property while in the possession or custody of the agency.
2253          (3) This section does not apply to wildlife or parts of wildlife that are seized for an
2254     offense under Title 23, Wildlife Resources Code of Utah.
2255          Section 46. Section 77-11b-301, which is renumbered from Section 24-4-105 is
2256     renumbered and amended to read:
2257     
Part 3. Forfeiture Proceedings


2258          [24-4-105].      77-11b-301. Forfeiture of seized property through the criminal case.
2259          (1) As used in this section, "defendant" means a claimant who is criminally prosecuted
2260     for the offense subjecting the property to forfeiture under Subsection [24-4-102(1)]
2261     77-11b-102(1).
2262          (2) A prosecuting attorney may seek forfeiture of the defendant's interest in seized
2263     property through the criminal case.
2264          (3) If the prosecuting attorney seeks forfeiture of a defendant's interest in seized
2265     property through the criminal case, the prosecuting attorney shall state in the information or
2266     indictment the grounds for which the agency seeks to forfeit the property.
2267          (4) (a) (i) A court may enter a restraining order or injunction or take any other
2268     reasonable action to preserve property being forfeited under this section.
2269          (ii) Before a court's decision under Subsection (4)(a)(i), a known claimant, who can be
2270     identified after due diligence, shall be:
2271          (A) provided notice; and
2272          (B) given an opportunity for a hearing.
2273          (iii) A court shall grant an order under Subsection (4)(a)(i) if:
2274          (A) there is a substantial probability that the state will prevail on the issue of forfeiture
2275     and that failure to enter the order will result in the property being sold, transferred, destroyed,
2276     or removed from the jurisdiction of the court or otherwise made unavailable for forfeiture; and
2277          (B) the need to preserve the availability of the property or prevent the property's sale,
2278     transfer, destruction, or removal through the entry of the requested order outweighs the
2279     hardship against a claimant against which the order is to be entered.
2280          (b) A court may enter a temporary restraining order ex parte upon application of the
2281     prosecuting attorney or a federal prosecutor before or after an information or indictment has
2282     been filed, with respect to the property, if the prosecuting attorney or federal prosecutor
2283     demonstrates that:
2284          (i) there is probable cause to believe that the property with respect to which the order is
2285     sought would, in the event of a conviction, be forfeited under this section; and
2286          (ii) providing notice to a claimant would jeopardize the availability of the property for
2287     forfeiture or would jeopardize an ongoing criminal investigation.
2288          (c) The temporary order expires no more than 10 days after the day on which the order

2289     is entered unless extended for good cause shown or unless the claimant against whom the
2290     temporary order is entered consents to an extension.
2291          (d) After service of the temporary order upon a claimant known to the prosecuting
2292     attorney or federal prosecutor, the court shall hold a hearing on the order as soon as practicable
2293     and before the expiration of the temporary order.
2294          (e) The court is not bound by the Utah Rules of Evidence regarding evidence the court
2295     may receive and consider at a hearing under this section.
2296          (5) Upon conviction of a defendant for the offense subjecting the property to forfeiture,
2297     a court or jury shall find property forfeited to the state if the prosecuting attorney establishes,
2298     beyond a reasonable doubt, that:
2299          (a) the defendant:
2300          (i) committed the offense subjecting the property to forfeiture under Subsection
2301     [24-4-102(1)] 77-11b-102(1);
2302          (ii) knew of the offense subjecting the property to forfeiture under Subsection
2303     [24-4-102(1)] 77-11b-102(1) and allowed the property to be used in furtherance of the offense;
2304     or
2305          (iii) acquired the property at the time of the offense subjecting the property to forfeiture
2306     under Subsection [24-4-102(1)] 77-11b-102(1), or within a reasonable time after the offense
2307     occurred; or
2308          (b) there is no likely source for the purchase or acquisition of the property other than
2309     the commission of the offense subjecting the property to forfeiture under Subsection
2310     [24-4-102(1)] 77-11b-102(1).
2311          (6) (a) Upon conviction of a defendant for the offense subjecting the property to
2312     forfeiture and a finding by a court or jury that the property is forfeited, the court shall enter a
2313     judgment and order the property forfeited to the state upon the terms stated by the court in the
2314     court's order.
2315          (b) Following the entry of an order declaring the property forfeited under Subsection
2316     (6)(a), and upon application by the prosecuting attorney, the court may:
2317          (i) enter a restraining order or injunction;
2318          (ii) require the execution of satisfactory performance bonds;
2319          (iii) appoint a receiver, conservator, appraiser, accountant, or trustee; or

2320          (iv) take any other action to protect the state's interest in property ordered forfeited.
2321          (7) (a) (i) After property is ordered forfeited under this section, the agency shall direct
2322     the disposition of the property under Section [24-4-115] 77-11b-401.
2323          (ii) If property under Subsection (7)(a)(i) is not transferrable for value to the agency, or
2324     the agency is not able to exercise an ownership interest in the property, the property may not
2325     revert to the defendant.
2326          (iii) A defendant, or a person acting in concert with or on behalf of the defendant, is
2327     not eligible to purchase forfeited property at any sale held by the agency unless approved by the
2328     judge.
2329          (b) A court may stay the sale or disposition of the property pending the conclusion of
2330     any appeal of the offense subjecting the property to forfeiture if the claimant demonstrates that
2331     proceeding with the sale or disposition of the property may result in irreparable injury, harm, or
2332     loss.
2333          (8) If a defendant is acquitted of the offense subjecting the property to forfeiture under
2334     this section on the merits:
2335          (a) (i) the property for which forfeiture is sought shall be returned to the claimant; or
2336          (ii) the open market value of the property for the property for which forfeiture is sought
2337     shall be awarded to the claimant if the property has been disposed of under Section
2338     [24-4-103.3] 77-11b-202; and
2339          (b) any payment requirement under this chapter related to the holding of property shall
2340     be paid to the claimant.
2341          (9) Except as provided under Subsection (4) or (12), a claimant claiming an interest in
2342     property that is being forfeited under this section:
2343          (a) may not intervene in a trial or appeal of a criminal case involving the forfeiture of
2344     the property; and
2345          (b) may not commence an action at law or equity concerning the validity of the
2346     claimant's alleged interests in the property subsequent to the filing of an indictment or an
2347     information alleging that the property is being forfeited under this section.
2348          (10) A court that has jurisdiction of a case under this part may enter orders under this
2349     section without regard to the location of any property that is or has been ordered forfeited under
2350     this section.

2351          (11) To facilitate the identification or location of property forfeited under this section,
2352     and to facilitate the disposition of a petition for remission or mitigation of forfeiture after the
2353     entry of an order declaring property forfeited to the agency, the court may, upon application of
2354     the prosecuting attorney, order:
2355          (a) the testimony of any witness relating to the forfeited property be taken by
2356     deposition; and
2357          (b) any book, paper, document, record, recording, or other material is produced in
2358     accordance with the Utah Rules of Civil Procedure.
2359          (12) (a) If a court orders property forfeited under this section, the prosecuting attorney
2360     shall publish notice of the intent to dispose of the property.
2361          (b) Service by publication shall be by publication of two notices, in two successive
2362     weeks, of the forfeiture proceeding:
2363          (i) in a newspaper of general circulation in the county in which the seizure of the
2364     property occurred; and
2365          (ii) on Utah's Public Legal Notice Website established in Subsection 45-1-101(2)(b).
2366          (c) The prosecuting attorney shall also send written notice to any claimants, other than
2367     the defendant, known to the prosecuting attorney to have an interest in the property, at the
2368     claimant's known address.
2369          (13) (a) A claimant, other than the defendant, may petition the court for a hearing to
2370     adjudicate the validity of the claimant's alleged interest in property forfeited under this section.
2371          (b) A claimant shall file a petition within 30 days after the earlier of the day on which a
2372     notice is published or the day on which the claimant receives written notice under Subsection
2373     (12)(a).
2374          (14) The petition under Subsection (13) shall:
2375          (a) be in writing and signed by the claimant under penalty of perjury;
2376          (b) set forth the nature and extent of the claimant's right, title, or interest in the
2377     property, the time and circumstances of the claimant's acquisition of the right, title, or interest
2378     in the property; and
2379          (c) set forth any additional facts supporting the claimant's claim and the relief sought.
2380          (15) (a) The court shall expedite the trial or hearing under this Subsection (15) to the
2381     extent practicable.

2382          (b) Any party may request a jury to decide any genuine issue of material fact.
2383          (c) The court may consolidate a trial or hearing on the petition under Subsection
2384     (11)(b) and any other petition filed by a claimant, other than the defendant, under this section.
2385          (d) For a petition under this section, the court shall permit the parties to conduct
2386     pretrial discovery in accordance with the Utah Rules of Civil Procedure.
2387          (e) (i) At the trial or hearing, the claimant may testify and present evidence and
2388     witnesses on the claimant's own behalf and cross-examine witnesses who appear at the hearing.
2389          (ii) The prosecuting attorney may present evidence and witnesses in rebuttal and in
2390     defense of the claim to the property and cross-examine witnesses who appear.
2391          (f) In addition to testimony and evidence presented at the trial or hearing, the court may
2392     consider the relevant portion of the record of the criminal case that resulted in the order of
2393     forfeiture.
2394          (g) A trial or hearing shall be conducted in accordance with the Utah Rules of
2395     Evidence.
2396          (16) The court shall amend the order of forfeiture in accordance with the court's
2397     determination, if after the trial or hearing under Subsection (15), the court or jury determines
2398     that the claimant has established, by a preponderance of the evidence, that:
2399          (a) (i) the claimant has a legal right, title, or interest in the property; and
2400          (ii) the claimant's right, title, or interest renders the order of forfeiture invalid in whole
2401     or in part because the right, title, or interest was vested in the claimant rather than the
2402     defendant, or was superior to any right, title, or interest of the defendant at the time of the
2403     commission of the offense subjecting the property to forfeiture under Subsection [24-4-102(1)]
2404     77-11b-102(1); or
2405          (b) the claimant acquired the right, title, or interest in the property in a bona fide
2406     transaction for value, and, at the time of acquisition, the claimant did not know that the
2407     property could be forfeited under this chapter.
2408          (17) An agency has clear title to the property and may transfer title to a purchaser or
2409     transferee if:
2410          (a) the court issued a disposition on all petitions under Subsection (13) denying any
2411     claimant's right, title, or interest to the property; or
2412          (b) a petition was not filed under the timelines provided in Subsection (13)(b).

2413          (18) If the prosecuting attorney seeks to discontinue a forfeiture proceeding under this
2414     section and transfer the action to another state or federal agency that has initiated a civil or
2415     criminal proceeding involving the same property, the prosecuting attorney shall file a petition
2416     to transfer the property in accordance with Section [24-2-105] 77-11a-205.
2417          Section 47. Section 77-11b-302, which is renumbered from Section 24-4-104 is
2418     renumbered and amended to read:
2419          [24-4-104].      77-11b-302. Civil forfeiture of seized property.
2420          (1) (a) A prosecuting attorney may commence a civil action to forfeit seized property
2421     by filing a complaint.
2422          (b) The complaint under Subsection (1)(a) shall describe with reasonable particularity:
2423          (i) the property that the agency is seeking to forfeit;
2424          (ii) the date and place of seizure; and
2425          (iii) the factual allegations that constitute a basis for forfeiture.
2426          (2) (a) After a complaint is filed, the prosecuting attorney shall serve a copy of the
2427     complaint and summons upon each claimant known to the prosecuting attorney within 30 days
2428     after the day on which the complaint is filed.
2429          (b) The prosecuting attorney is not required to serve a copy of the complaint or the
2430     summons upon a claimant which has disclaimed, in writing, an ownership interest in the seized
2431     property.
2432          (c) Service of the complaint and summons shall be by:
2433          (i) personal service;
2434          (ii) certified mail, with a return receipt requested, to the claimant's known address; or
2435          (iii) service by publication, if the prosecuting attorney demonstrates to the court that
2436     service cannot reasonably be made by personal service or certified mail.
2437          (d) Service by publication shall be by publication of two notices, in two successive
2438     weeks, of the forfeiture proceeding:
2439          (i) in a newspaper of general circulation in the county in which the seizure occurred;
2440     and
2441          (ii) on Utah's Public Legal Notice Website established in Subsection 45-1-101(2)(b).
2442          (e) Service is effective upon the earlier of:
2443          (i) personal service;

2444          (ii) certified mail; or
2445          (iii) publication in accordance with Subsection (2)(d).
2446          (f) The court may extend the period to complete service under this section for an
2447     additional 60 days if the prosecuting attorney:
2448          (i) moves the court to extend the period to complete service; and
2449          (ii) has shown good cause for extending service.
2450          (3) (a) If a prosecuting attorney files a complaint for forfeiture as described in
2451     Subsection (1), a claimant may file an answer to the complaint.
2452          (b) If a claimant files an answer in accordance with Subsection (3)(a), the claimant
2453     shall file the answer within 30 days after the day on which the complaint is served upon the
2454     claimant.
2455          (c) If an agency is seeking to forfeit property [under Section 24-4-103 and the property]
2456     that is valued at less than $10,000, the agency shall return the property to the claimant if:
2457          (i) (A) the prosecuting attorney has filed a forfeiture complaint, and the claimant has
2458     filed an answer, in accordance with Subsections (3)(a) and (b); and
2459          (B) the prosecuting attorney has not filed an information or indictment for the offense
2460     for which the property is seized within 60 days after the day on which the prosecuting attorney
2461     served the claimant with the complaint, or the prosecuting attorney has not timely moved a
2462     court and demonstrated reasonable cause for extending the time to file the information or
2463     indictment; or
2464          (ii) the information or indictment for the offense for which the property was seized was
2465     dismissed and the prosecuting attorney has not refiled the information or indictment within
2466     seven days after the day on which the information or indictment was dismissed.
2467          (d) A claimant is not entitled to any expenses, costs, or attorney fees for the return of
2468     property to the claimant under Subsection (3)(c).
2469          (e) (i) The time limitations in Subsection (3)(c)(i) may be extended for up to 15 days if
2470     a claimant timely seeks to recover possession of seized property in accordance with Section
2471     [24-2-108] 77-11a-304.
2472          (ii) If the time limitations are extended under Subsection (3)(c)(i), the time limitations
2473     in Subsection (3)(c)(i) shall resume immediately upon the agency's or prosecuting attorney's
2474     timely denial of a claim under Section [24-2-108] 77-11a-304 on the merits.

2475          (4) Except as otherwise provided in this chapter, a civil action for a forfeiture
2476     proceeding is governed by the Utah Rules of Civil Procedure.
2477          (5) The court shall:
2478          (a) take all reasonable steps to expedite a civil forfeiture proceeding; and
2479          (b) give a civil forfeiture proceeding the same priority as a criminal case.
2480          (6) A claimant may file an answer to a complaint for civil forfeiture without posting
2481     bond with respect to the property that the agency seeks to forfeit.
2482          (7) A court shall grant an agency's request to forfeit property if the prosecuting attorney
2483     establishes, by clear and convincing evidence, that:
2484          (a) the claimant:
2485          (i) committed the offense subjecting the property to forfeiture under Subsection
2486     [24-4-102(1)] 77-11b-102(1);
2487          (ii) knew of the offense subjecting the property to forfeiture under Subsection
2488     24-4-102(1) and allowed the property to be used in furtherance of the offense; or
2489          (iii) acquired the property at the time of the offense subjecting the property to forfeiture
2490     under Subsection [24-4-102(1)] 77-11b-102(1), or within a reasonable time after the offense
2491     occurred; or
2492          (b) there is no likely source for the purchase or acquisition of the property other than
2493     the commission of the offense subjecting the property to forfeiture under Subsection
2494     [24-4-102(1)] 77-11a-102(1).
2495          (8) If a court finds that the property is the proceeds of an offense that subjects the
2496     proceeds to forfeiture under Subsection [24-4-102(1)] 77-11b-102(1), the prosecuting attorney
2497     does not need to prove that the property was the proceeds of a particular exchange or
2498     transaction.
2499          (9) If a claimant is acquitted of the offense subjecting the property to forfeiture under
2500     this section:
2501          (a) (i) the property for which forfeiture is sought shall be returned to the claimant; or
2502          (ii) the open market value of the property for the property for which forfeiture is sought
2503     shall be awarded to the claimant if the property has been disposed of under Section
2504     [24-4-103.3] 77-11b-202; and
2505          (b) any payment requirement under this chapter related to the holding of property shall

2506     be paid to the claimant.
2507          (10) If the prosecuting attorney seeks to discontinue a forfeiture proceeding under this
2508     section and transfer the action to another state or federal agency that has initiated a civil or
2509     criminal proceeding involving the same property, the prosecuting attorney shall file a petition
2510     to transfer the property in accordance with Section [24-2-105] 77-11a-205.
2511          (11) A civil forfeiture action under this section may be converted to a criminal
2512     forfeiture action at any time after a prosecuting attorney files a criminal complaint, information,
2513     or indictment for the offense subjecting the property to forfeiture under Subsection
2514     [24-4-102(1)] 77-11b-102(1).
2515          Section 48. Section 77-11b-303, which is renumbered from Section 24-4-113 is
2516     renumbered and amended to read:
2517          [24-4-113].      77-11b-303. Proportionality of forfeiture.
2518          (1) (a) A claimant's interest in property that is used to facilitate an offense may not be
2519     forfeited under any provision of state law if the forfeiture is substantially disproportionate to
2520     the use of the property in committing or facilitating an offense that is a violation of state law
2521     and the value of the property.
2522          (b) If property is used solely in a manner that is merely incidental and not instrumental
2523     to the commission or facilitation of an offense, a forfeiture of the property is not proportional.
2524          (2) (a) In determining proportionality, the court shall consider:
2525          (i) the offense subjecting the property to forfeiture under Subsection [24-4-102(1)]
2526     77-11b-102(1);
2527          (ii) what portion of the forfeiture, if any, is remedial in nature;
2528          (iii) the gravity of the conduct for which the claimant is responsible in light of the
2529     offense; and
2530          (iv) the value of the property.
2531          (b) If the court finds that the forfeiture is substantially disproportional to an offense for
2532     which the claimant is responsible, the court shall reduce or eliminate the forfeiture as the court
2533     finds appropriate.
2534          (3) A prosecuting attorney has the burden of demonstrating that a forfeiture is
2535     proportional to the offense subjecting the property to forfeiture under Subsection [24-4-102(1)]
2536     77-11b-102(1).

2537          (4) In all cases, the court shall decide questions of proportionality.
2538          (5) A forfeiture of any proceeds used to facilitate the commission of an offense that is a
2539     violation of federal or state law is proportional.
2540          Section 49. Section 77-11b-304, which is renumbered from Section 24-4-109 is
2541     renumbered and amended to read:
2542          [24-4-109].      77-11b-304. Postjudgment interest to prevailing party in forfeiture
2543     proceeding.
2544          In a proceeding to forfeit currency or other negotiable instruments under this chapter,
2545     the court shall award postjudgment interest to a prevailing party on the currency or negotiable
2546     instruments at the interest rate established under Section 15-1-4.
2547          Section 50. Section 77-11b-305, which is renumbered from Section 24-4-110 is
2548     renumbered and amended to read:
2549          [24-4-110].      77-11b-305. Attorney fees and costs for forfeiture proceeding.
2550          (1) In a forfeiture proceeding under this chapter, a court shall award reasonable legal
2551     costs and attorney fees to a prevailing claimant.
2552          (2) If a court awards legal costs and attorney fees to a prevailing claimant under
2553     Subsection (1), the award may not exceed 50% of the value of the seized property.
2554          (3) A claimant who prevails only in part is entitled to recover reasonable legal costs
2555     and attorney fees only on an issue on which the party prevailed.
2556          Section 51. Section 77-11b-306, which is renumbered from Section 24-4-112 is
2557     renumbered and amended to read:
2558          [24-4-112].      77-11b-306. Limitation on fees for holding seized property subject
2559     to forfeiture.
2560          In any civil or criminal proceeding under this [chapter] part in which a judgment is
2561     entered in favor of a claimant, or where a forfeiture proceeding against a claimant is voluntarily
2562     dismissed by the prosecuting attorney, an agency may not charge a claimant any fee or cost for
2563     holding seized property.
2564          Section 52. Section 77-11b-401, which is renumbered from Section 24-4-115 is
2565     renumbered and amended to read:
2566     
Part 4. Disposal and Allocation of Forfeited Property

2567          [24-4-115].      77-11b-401. Disposition and allocation of forfeited property.

2568          (1) If a court finds that property is forfeited under this chapter, the court shall order the
2569     property forfeited to the state.
2570          (2) (a) If the property is not currency, the agency shall authorize a public or otherwise
2571     commercially reasonable sale of that property if the property is not required by law to be
2572     destroyed and is not harmful to the public.
2573          (b) If the property forfeited is an alcoholic product as defined in Section 32B-1-102,
2574     the property shall be disposed of as follows:
2575          (i) an alcoholic product shall be sold if the alcoholic product is:
2576          (A) unadulterated, pure, and free from any crude, unrectified, or impure form of ethylic
2577     alcohol, or any other deleterious substance or liquid; and
2578          (B) otherwise in saleable condition; or
2579          (ii) an alcoholic product and the alcoholic product's package shall be destroyed if the
2580     alcoholic product is impure, adulterated, or otherwise unfit for sale.
2581          (c) If the property forfeited is a cigarette or other tobacco product as defined in Section
2582     59-14-102, the property shall be destroyed, except that the lawful holder of the trademark rights
2583     in the cigarette or tobacco product brand is permitted to inspect the cigarette before the
2584     destruction of the cigarette or tobacco product.
2585          (d) The proceeds of the sale of forfeited property shall remain segregated from other
2586     property, equipment, or assets of the agency until transferred in accordance with this chapter.
2587          (3) Before transferring currency and the proceeds or revenue from the sale of the
2588     property in accordance with this chapter, the agency shall:
2589          (a) deduct the agency's direct costs, expense of reporting under Section [24-4-118]
2590     77-11b-404, and expense of obtaining and maintaining the property pending a forfeiture
2591     proceeding; and
2592          (b) if the prosecuting agency that employed the prosecuting attorney has met the
2593     requirements of Subsection [24-4-119(3)] 77-11b-105(3), pay the prosecuting attorney the legal
2594     costs associated with the litigation of the forfeiture proceeding, and up to 20% of the value of
2595     the forfeited property in attorney fees.
2596          (4) If the forfeiture arises from a violation relating to wildlife resources, the agency
2597     shall deposit any remaining currency and the proceeds or revenue from the sale of the property
2598     into the Wildlife Resources Account created in Section 23-14-13.

2599          (5) The agency shall transfer any remaining currency, the proceeds, or revenue from the
2600     sale of the property to the commission and deposited into the [account] Criminal Forfeiture
2601     Restricted Account created in Section 77-11b-402.
2602          Section 53. Section 77-11b-402, which is renumbered from Section 24-4-116 is
2603     renumbered and amended to read:
2604          [24-4-116].      77-11b-402. Criminal Forfeiture Restricted Account.
2605          (1) There is created within the General Fund a restricted account known as the
2606     "Criminal Forfeiture Restricted Account."
2607          (2) Except as provided in Section [24-4-115] 77-11b-401, the commission shall deposit
2608     any proceeds from [forfeited property and forfeited money] property forfeited through a
2609     forfeiture proceeding under this chapter into the [account] Criminal Forfeiture Restricted
2610     Account.
2611          (3) [Money in the account shall be appropriated] The Legislature shall appropriate
2612     money in the Criminal Forfeiture Restricted Account to the commission for the purpose of
2613     implementing the [program under Section 24-4-117] State Asset Forfeiture Grant Program
2614     described in Section 77-11b-403.
2615          Section 54. Section 77-11b-403, which is renumbered from Section 24-4-117 is
2616     renumbered and amended to read:
2617          [24-4-117].      77-11b-403. State Asset Forfeiture Grant Program.
2618          (1) There is created the State Asset Forfeiture Grant Program.
2619          (2) The program shall fund crime prevention, crime victim reparations, and law
2620     enforcement activities that have the purpose of:
2621          (a) deterring crime by depriving criminals of the profits and proceeds of their illegal
2622     activities;
2623          (b) weakening criminal enterprises by removing the instrumentalities of crime;
2624          (c) reducing crimes involving substance abuse by supporting the creation,
2625     administration, or operation of drug court programs throughout the state;
2626          (d) encouraging cooperation between agencies;
2627          (e) allowing the costs and expenses of law enforcement to be defrayed by the forfeited
2628     proceeds of crime;
2629          (f) increasing the equitability and accountability of the use of forfeited property used to

2630     assist agencies in reducing and preventing crime; and
2631          (g) providing aid to victims of criminally injurious conduct, as defined in Section
2632     63M-7-502, who may be eligible for assistance under Title 63M, Chapter 7, Part 5, Utah Office
2633     for Victims of Crime.
2634          (3) (a) Upon appropriation of funds from the [account] Criminal Forfeiture Restricted
2635     Account, the commission shall allocate and administer grants to an agency or political
2636     subdivision of the state in compliance with this section and Subsection [24-4-119(2)]
2637     77-11b-105(2) and to further the program purposes under Subsection (2).
2638          (b) The commission may retain up to 3% of the annual appropriation from the
2639     [account] Criminal Forfeiture Restricted Account to pay for administrative costs incurred by
2640     the commission, including salary and benefits, equipment, supplies, or travel costs that are
2641     directly related to the administration of the program.
2642          (4) An agency or political subdivision shall apply for an award from the program by
2643     completing and submitting forms specified by the commission.
2644          (5) In granting the awards, the commission shall ensure that the amount of each award
2645     takes into consideration the:
2646          (a) demonstrated needs of the agency or political subdivision;
2647          (b) demonstrated ability of the agency or political subdivision to appropriately use the
2648     award;
2649          (c) degree to which the agency's or political subdivision's need is offset through the
2650     agency's or political subdivision's participation in federal equitable sharing or through other
2651     federal and state grant programs; and
2652          (d) agency's or political subdivision's cooperation with other state and local agencies
2653     and task forces.
2654          (6) The commission may award a grant to any agency or political subdivision engaged
2655     in activities associated with Subsection (2) even if the agency has not contributed to the fund.
2656          (7) An applying agency or political subdivision shall demonstrate compliance with all
2657     reporting and policy requirements applicable under this chapter and under Title 63M, Chapter
2658     7, Criminal Justice and Substance Abuse, in order to qualify as a potential award recipient.
2659          (8) (a) A recipient agency may only use award money after approval by the agency's
2660     legislative body.

2661          (b) The award money is nonlapsing.
2662          (9) A recipient agency or political subdivision shall use an award:
2663          (a) only for law enforcement purposes described in this section, or for victim
2664     reparations as described in Subsection (2)(g); and
2665          (b) for the purposes specified by the agency or political subdivision in the agency's or
2666     political subdivision's application for the award.
2667          (10) A permissible law enforcement purpose for which award money may be used
2668     includes:
2669          (a) controlled substance interdiction and enforcement activities;
2670          (b) drug court programs;
2671          (c) activities calculated to enhance future law enforcement investigations;
2672          (d) law enforcement training that includes:
2673          (i) implementation of the Fourth Amendment to the United States Constitution and
2674     Utah Constitution, Article I, Section 7, and that addresses the protection of the individual's
2675     right of due process;
2676          (ii) protection of the rights of innocent property holders; and
2677          (iii) the Tenth Amendment to the United States Constitution regarding states'
2678     sovereignty and the states' reserved rights;
2679          (e) law enforcement or detention facilities;
2680          (f) law enforcement operations or equipment that are not routine costs or operational
2681     expenses;
2682          (g) drug, gang, or crime prevention education programs that are sponsored in whole or
2683     in part by the law enforcement agency or its legislative body;
2684          (h) matching funds for other state or federal law enforcement grants; and
2685          (i) the payment of legal costs, attorney fees, and postjudgment interest in forfeiture
2686     actions.
2687          (11) A law enforcement purpose for which award money may not be granted or used
2688     includes:
2689          (a) payment of salaries, retirement benefits, or bonuses to any individual;
2690          (b) payment of expenses not related to law enforcement;
2691          (c) uses not specified in the agency's award application;

2692          (d) uses not approved by the agency's legislative body;
2693          (e) payments, transfers, or pass-through funding to an entity other than an agency; or
2694          (f) uses, payments, or expenses that are not within the scope of the agency's functions.
2695          Section 55. Section 77-11b-404, which is renumbered from Section 24-4-118 is
2696     renumbered and amended to read:
2697          [24-4-118].      77-11b-404. Forfeiture reporting requirements.
2698          (1) An agency shall provide all reasonably available data described in Subsection (5):
2699          (a) if transferring the forfeited property resulting from the final disposition of any civil
2700     or criminal forfeiture matter to the commission as required under Subsection [24-4-115(5)]
2701     77-11b-401(5); or
2702          (b) if the agency has been awarded an equitable share of property forfeited by the
2703     federal government.
2704          (2) The commission shall develop a standardized report format that each agency shall
2705     use in reporting the data required under this section.
2706          (3) The commission shall annually, on or before April 30, prepare a summary report of
2707     the case data submitted by each agency under Subsection (1) during the prior calendar year.
2708          (4) (a) If an agency does not comply with the reporting requirements under this section,
2709     the commission shall contact the agency and request that the agency comply with the required
2710     reporting provisions.
2711          (b) If an agency fails to comply with the reporting requirements under this section
2712     within 30 days after receiving the request to comply, the commission shall report the
2713     noncompliance to the attorney general, the speaker of the House of Representatives, and the
2714     president of the Senate.
2715          (5) The data for any civil or criminal forfeiture matter for which final disposition has
2716     been made under Subsection (1) shall include:
2717          (a) the agency that conducted the seizure;
2718          (b) the case number or other identification;
2719          (c) the date or dates on which the seizure was conducted;
2720          (d) the number of individuals having a known property interest in each seizure of
2721     property;
2722          (e) the type of property seized;

2723          (f) the alleged offense that was the cause for seizure of the property;
2724          (g) whether any criminal charges were filed regarding the alleged offense, and if so, the
2725     final disposition of each charge, including the conviction, acquittal, or dismissal, or whether
2726     action on a charge is pending;
2727          (h) the type of enforcement action that resulted in the seizure, including an
2728     enforcement stop, a search warrant, or an arrest warrant;
2729          (i) whether the forfeiture procedure was civil or criminal;
2730          (j) the value of the property seized, including currency and the estimated market value
2731     of any tangible property;
2732          (k) the final disposition of the matter, including whether final disposition was entered
2733     by stipulation of the parties, including the amount of property returned to any claimant, by
2734     default, by summary judgment, by jury award, or by guilty plea or verdict in a criminal
2735     forfeiture;
2736          (l) if the property was forfeited by the federal government, the amount of forfeited
2737     money awarded to the agency;
2738          (m) the agency's direct costs, expense of reporting under this section, and expenses for
2739     obtaining and maintaining the seized property, as described in Subsection [24-4-115(3)(a)]
2740     77-11b-401(3)(a);
2741          (n) the legal costs and attorney fees paid to the prosecuting attorney, as described in
2742     Subsection [24-4-115(3)(b)] 77-11b-401(3)(b); and
2743          (o) if the property was transferred to a federal agency or any governmental entity not
2744     created under and subject to state law:
2745          (i) the date of the transfer;
2746          (ii) the name of the federal agency or entity to which the property was transferred;
2747          (iii) a reference to which reason under Subsection [24-2-106(3)] 77-11a-205(3)
2748     justified the transfer;
2749          (iv) the court or agency where the forfeiture case was heard;
2750          (v) the date of the order of transfer of the property; and
2751          (vi) the value of the property transferred to the federal agency, including currency and
2752     the estimated market value of any tangible property.
2753          (6) An agency shall annually on or before April 30 submit a report for the prior

2754     calendar year to the commission that states:
2755          (a) whether the agency received an award from the State Asset Forfeiture Grant
2756     Program under Section [24-4-117] 77-11b-403 and, if so, the following information for each
2757     award:
2758          (i) the amount of the award;
2759          (ii) the date of the award;
2760          (iii) how the award was used or is planned to be used; and
2761          (iv) a statement signed by both the agency's executive officer or designee and by the
2762     agency's legal counsel, that:
2763          (A) the agency has complied with all inventory, policy, and reporting requirements
2764     under Section [24-4-117] 77-11b-403; and
2765          (B) all awards were used for crime reduction or law enforcement purposes as specified
2766     in the application and that the awards were used only upon approval by the agency's legislative
2767     body; and
2768          (b) whether the agency received any property, money, or other things of value in
2769     accordance with federal law as described in Subsection [24-2-105(7)] 77-11a-205(7) and, if so,
2770     the following information for each piece of property, money, or other thing of value:
2771          (i) the case number or other case identification;
2772          (ii) the value of the award and the property, money, or other things of value received by
2773     the agency;
2774          (iii) the date of the award;
2775          (iv) the identity of any federal agency involved in the forfeiture;
2776          (v) how the awarded property has been used or is planned to be used; and
2777          (vi) a statement signed by both the agency's executive officer or designee and by the
2778     agency's legal counsel, that the agency has only used the award for crime reduction or law
2779     enforcement purposes authorized under Section [24-4-117] 77-11b-403, and that the award was
2780     used only upon approval by the agency's legislative body.
2781          (7) (a) On or before July 1 of each year, the commission shall submit notice of the
2782     annual reports in Subsection (3) and Subsection (6), in electronic format, to:
2783          (i) the attorney general;
2784          (ii) the speaker of the House of Representatives, for referral to any House standing or

2785     interim committees with oversight over law enforcement and criminal justice;
2786          (iii) the president of the Senate, for referral to any Senate standing or interim
2787     committees with oversight over law enforcement and criminal justice; and
2788          (iv) each law enforcement agency.
2789          (b) The reports described in Subsection (3) and Subsection (6), as well as the
2790     individual case data described in Subsection (1) for the previous calendar year, shall be
2791     published on the Utah Open Government website at open.utah.gov on or before July 15 of each
2792     year.
2793          Section 56. Section 77-11c-101, which is renumbered from Section 53-20-101 is
2794     renumbered and amended to read:
2795     
CHAPTER 11c. RETENTION OF EVIDENCE

2796     
Part 1. General Provisions

2797          [53-20-101].      77-11c-101. Definitions.
2798          As used in this chapter:
2799          (1) "Acquitted" means the same as that term is defined in Section 77-11b-101.
2800          (2) "Adjudicated" means that:
2801          (a) (i) a judgment of conviction by plea or verdict of an offense has been entered by a
2802     court; and
2803          (ii) a sentence has been imposed by the court; or
2804          (b) a judgment has been entered for an adjudication of an offense by a juvenile court
2805     under Section 80-6-701.
2806          (3) "Adjudication" means:
2807          (a) a judgment of conviction by plea or verdict of an offense; or
2808          (b) an adjudication for an offense by a juvenile court under Section 80-6-701.
2809          (4) "Agency" means the same as that term is defined in Section 77-11a-101.
2810          (5) "Appellate court" means the Utah Court of Appeals, the Utah Supreme Court, or
2811     the United States Supreme Court.
2812          [(1)] (6) (a) "Biological evidence" means an item that contains blood, semen, hair,
2813     saliva, epithelial cells, latent fingerprint evidence that may contain biological material suitable
2814     for DNA testing, or other identifiable human biological material that:
2815          (i) is collected as part of an investigation or prosecution of a violent felony offense;

2816     and
2817          (ii) may reasonably be used to incriminate or exculpate a person for the violent felony
2818     offense.
2819          (b) "Biological evidence" includes:
2820          (i) material that is catalogued separately, including:
2821          (A) on a slide or swab; or
2822          (B) inside a test tube, if the evidentiary sample that previously was inside the test tube
2823     has been consumed by testing;
2824          (ii) material that is present on other evidence, including clothing, a ligature, bedding, a
2825     drinking cup, a cigarette, or a weapon, from which a DNA profile may be obtained;
2826          (iii) the contents of a sexual assault examination kit; and
2827          (iv) for a violent felony offense, material described in this Subsection [(1)] (6) that is in
2828     the custody of an evidence collecting or retaining entity on May 4, 2022.
2829          (7) "Claimant" means the same as that term is defined in Section 77-11a-101.
2830          (8) "Computer" means the same as that term is defined in Section 77-11a-101.
2831          [(2)] (9) "Continuous chain of custody" means:
2832          (a) for a law enforcement agency or a court, that legal standards regarding a continuous
2833     chain of custody are maintained; and
2834          (b) for an entity that is not a law enforcement agency or a court, that the entity
2835     maintains a record in accordance with legal standards required of the entity.
2836          (10) "Contraband" means the same as that term is defined in Section 77-11a-101.
2837          (11) "Controlled substance" means the same as that term is defined in Section 58-37-2.
2838          [(3)] (12) "Court" means a municipal, county, or state court.
2839          [(4)] (13) "DNA" means deoxyribonucleic acid.
2840          [(5)] (14) "DNA profile" means a unique identifier of an individual derived from DNA.
2841          (15) "Drug paraphernalia" means the same as that term is defined in Section 58-37a-3.
2842          (16) "Evidence" means property, contraband, or an item or substance that:
2843          (a) is seized or collected as part of an investigation or prosecution of an offense; and
2844          (b) may reasonably be used to incriminate or exculpate an individual for an offense.
2845          [(6)] (17) (a) "Evidence collecting or retaining entity" means an entity within the state
2846     that collects, stores, or retrieves biological evidence.

2847          (b) "Evidence collecting or retaining entity" includes:
2848          (i) a medical or forensic entity;
2849          (ii) a law enforcement agency;
2850          (iii) a court; and
2851          (iv) an official, employee, or agent of an entity or agency described in this [Subsection
2852     (6)] Subsection (17).
2853          (18) "Exhibit" means property, contraband, or an item or substance that is admitted
2854     into evidence for a court proceeding.
2855          [(7)] (19) "In custody" means an individual who:
2856          (a) is incarcerated, civilly committed, on parole, or on probation; or
2857          (b) is required to register under Title 77, Chapter 41, Sex and Kidnap Offender
2858     Registry.
2859          [(8) "Law enforcement agency" means:]
2860          [(a) a municipal, county, state institution of higher education, or state police force or
2861     department;]
2862          [(b) a sheriff's office; or]
2863          [(c) a municipal, county, or state prosecuting authority.]
2864          (20) "Law enforcement agency" means the same as that term is defined in Section
2865     77-11a-101.
2866          [(9)] (21) "Medical or forensic entity" means a private or public hospital, medical
2867     facility, or other entity that secures biological evidence or conducts forensic examinations
2868     related to criminal investigations.
2869          [(10)] (22) "Physical evidence" includes evidence that:
2870          (a) is related to:
2871          (i) an investigation;
2872          (ii) an arrest; or
2873          (iii) a prosecution that resulted in a judgment of conviction; and
2874          (b) is in the actual or constructive possession of a law enforcement agency or a court or
2875     an agent of a law enforcement agency or a court.
2876          (23) "Property" means the same as that term is defined in Section 77-11a-101.
2877          (24) "Prosecuting attorney" means the same as that term is defined in Section

2878     77-11a-101.
2879          (25) "Violent felony offense" means the same as the term "violent felony" is defined in
2880     Section 76-3-203.5.
2881          (26) "Wildlife" means the same as that term is defined in Section 23-13-2.
2882          [(11) "Violent felony" means the same as that term is defined in Section 76-3-203.5.]
2883          Section 57. Section 77-11c-102 is enacted to read:
2884          77-11c-102. Retention of evidence as an exhibit.
2885          (1) If evidence is admitted as an exhibit for a court proceeding, the clerk of the court
2886     shall:
2887          (a) retain the evidence; or
2888          (b) return the evidence to the custody of the agency.
2889          (2) Rule 4-206 of the Utah Code of Judicial Administration applies to evidence that is
2890     admitted as an exhibit in a court proceeding.
2891          Section 58. Section 77-11c-103 is enacted to read:
2892          77-11c-103. Disposal or return of evidence.
2893          When evidence is no longer subject to retention under this chapter, the agency shall:
2894          (1) return evidence that is property to a claimant under Title 77, Chapter 11a, Part 3,
2895     Release of Seized Property to Claimant; or
2896          (2) dispose of evidence that is property or contraband in accordance with Title 77,
2897     Chapter 11a, Part 4, Disposal of Seized Property and Contraband.
2898          Section 59. Section 77-11c-201 is enacted to read:
2899     
Part 2. Retention of Evidence for Misdemeanor Offenses

2900          77-11c-201. Retention of evidence of misdemeanor offenses.
2901          (1) An agency shall retain evidence of a misdemeanor offense for the longer of:
2902          (a) the length of the statute of limitations for the offense if:
2903          (i) no charges are filed for the offense; or
2904          (ii) the offense remains unsolved;
2905          (b) 60 days after the day on which any individual charged with the offense is acquitted
2906     if each individual charged with the offense is acquitted;
2907          (c) 90 days after the day on which any individual is adjudicated for the offense if:
2908          (i) each individual charged with the offense has been adjudicated;

2909          (ii) there is no appeal pending in:
2910          (A) an appellate court for any individual adjudicated for the offense; or
2911          (B) the district court for a trial de novo for any individual adjudicated by a justice court
2912     for the offense; and
2913          (iii) there is no post-trial motion pending in the court:
2914          (A) for a new trial under Rule 24 of the Utah Rules of Criminal Procedure;
2915          (B) to amend or make additional findings of fact under Rule 52(b) of the Utah Rules of
2916     Civil Procedure; or
2917          (C) for relief under Rule 60(b) of the Utah Rules of Civil Procedure;
2918          (d) 30 days after the day on which any individual is adjudicated by a district court for
2919     the offense on a trial de novo from the justice court if:
2920          (i) each individual charged with the offense has been adjudicated by a justice court or a
2921     district court on a trial de novo from the justice court; and
2922          (ii) there is no appeal pending in:
2923          (A) an appellate court for any individual adjudicated for the offense; or
2924          (B) the district court for a trial de novo for any individual adjudicated by a justice court
2925     for the offense; or
2926          (e) 30 days after the day on which an appellate court issues a remittitur for an appeal of
2927     any individual adjudicated for the offense if:
2928          (i) the appellate court's final decision upholds the individual's adjudication;
2929          (ii) each individual charged with the offense has been adjudicated; and
2930          (iii) there is no appeal pending in:
2931          (A) an appellate court for any individual adjudicated for the offense; or
2932          (B) the district court for a trial de novo for any individual adjudicated by a justice court
2933     for the offense.
2934          (2) Subsection (1) does not require an agency to return or dispose of evidence of a
2935     misdemeanor offense.
2936          (3) An agency shall ensure that evidence of a misdemeanor offense is subject to a
2937     continuous chain of custody.
2938          Section 60. Section 77-11c-202 is enacted to read:
2939          77-11c-202. Requirements for not retaining evidence -- Preservation of sufficient

2940     evidence.
2941          (1) An agency is not required to retain evidence of a misdemeanor offense under
2942     Section 77-11c-201 if:
2943          (a) (i) the agency determines that:
2944          (A) the size, bulk, or physical character of the evidence renders retention
2945     impracticable; or
2946          (B) the evidence poses a security or safety problem for the agency;
2947          (ii) the agency preserves sufficient evidence of the property, contraband, item, or
2948     substance for use as evidence in a prosecution of the offense in accordance with this section;
2949          (iii) the agency sends a written request under Subsection 77-11c-203(1) to the
2950     prosecuting attorney for permission to release or dispose of the evidence; and
2951          (iv) the prosecuting attorney grants the agency's written request in accordance with
2952     Section 77-11c-203;
2953          (b) a court orders the agency to return evidence that is property to a claimant under
2954     Section 77-11a-305; or
2955          (c) the evidence is wildlife or parts of wildlife.
2956          (2) (a) Subsection (1) does not require an agency to return or dispose of evidence of a
2957     misdemeanor offense.
2958          (b) Subsection (1)(a) does not apply when the release or disposal of evidence of a
2959     misdemeanor offense is in compliance with a memorandum of understanding between the
2960     agency and the prosecuting attorney.
2961          (3) If evidence is a controlled substance, an agency shall preserve sufficient evidence
2962     under Subsection (1)(a)(ii) of the controlled substance by:
2963          (a) collecting and preserving a sample of the controlled substance and a sample of
2964     biological evidence from the controlled substance for independent testing and use as evidence;
2965          (b) taking a photographic or video record of the controlled substance with identifying
2966     case numbers;
2967          (c) completing a written report of a chemical analysis of the controlled substance; and
2968          (d) if the controlled substance exceeds 10 pounds, retain at least one pound of the
2969     controlled substance that is randomly selected from the controlled substance.
2970          (4) If evidence is drug paraphernalia, an agency shall preserve sufficient evidence

2971     under Subsection (1)(a)(ii) of the drug paraphernalia by:
2972          (a) collecting and preserving a sample of the controlled substance from the drug
2973     paraphernalia for independent testing and use as evidence;
2974          (b) maintaining a written report of a chemical analysis of the drug paraphernalia if a
2975     chemical analysis was performed by the agency; and
2976          (c) taking a photographic or video record of the drug paraphernalia with identifying
2977     case numbers.
2978          (5) If evidence is a computer, the agency shall preserve sufficient evidence under
2979     Subsection (1)(a)(ii) of the computer by:
2980          (a) extracting all data from the computer that would be evidence in a prosecution of an
2981     individual for the offense;
2982          (b) collecting a sample of biological evidence from the computer for independent
2983     testing and use as evidence; and
2984          (c) taking a photographic or video record of the computer with identifying case
2985     numbers.
2986          (6) For any other type of evidence, the agency shall preserve sufficient evidence under
2987     Subsection (1)(a)(ii) of the property, contraband, item, or substance by:
2988          (a) collecting and preserving a sample of biological evidence from the property,
2989     contraband, item, or substance for independent testing and use as evidence; and
2990          (b) taking a photographic or video record of the property, contraband, item, or
2991     substance with identifying case numbers.
2992          Section 61. Section 77-11c-203 is enacted to read:
2993          77-11c-203. Request to prosecuting attorney by agency -- Notification to
2994     defendant.
2995          (1) If an agency determines that the agency is not required to retain evidence of a
2996     misdemeanor offense under Subsection 77-11c-202(1)(a)(i) and the agency seeks to release or
2997     dispose of the evidence, the agency shall send a written request to the prosecuting attorney that:
2998          (a) identifies the evidence;
2999          (b) explains the reason for which the agency is not required to retain the evidence
3000     under Subsection 77-11c-202(1)(a)(i); and
3001          (c) explains the steps that the agency will take, or has taken, to preserve sufficient

3002     evidence of the property, contraband, item, or substance for use as evidence in a prosecution of
3003     the offense.
3004          (2) If the prosecuting attorney receives a written request under Subsection (1) and
3005     determines that the agency needs to retain the evidence for a prosecution of the misdemeanor
3006     offense, the prosecuting attorney shall send a written notification to the agency that explains
3007     the reason for which the prosecuting attorney is denying the agency's request.
3008          (3) If the prosecuting attorney receives a written request under Subsection (1) and
3009     determines that the agency does not need to retain the evidence for a prosecution of the
3010     misdemeanor offense, the prosecuting attorney shall provide written notice of the intent to not
3011     retain the evidence that:
3012          (a) is sent by certified mail, return receipt requested, or a delivery service that provides
3013     proof of delivery, to:
3014          (i) any individual charged with or adjudicated for the offense; and
3015          (ii) the individual's most recent attorney of record; and
3016          (b) explains that the individual receiving the notice may submit a written objection to
3017     the prosecuting attorney.
3018          (4) (a) An individual, who is charged with or adjudicated for the offense, may submit a
3019     written objection to the disposal or release of the evidence by the agency no later than 30 days
3020     after the day on which the prosecuting attorney receives proof of delivery under Subsection (3).
3021          (b) If an individual submits a written objection under Subsection (4)(a), the prosecuting
3022     attorney shall send a written notification to the agency that explains the reason for which the
3023     prosecuting attorney is denying the agency's request.
3024          (c) If the prosecuting attorney does not receive a written objection within the time
3025     period described in Subsection (4)(a), the prosecuting attorney shall send a written notification
3026     to the agency that grants the agency's request to release or dispose of the evidence.
3027          (5) (a) If a prosecuting attorney receives a written request from an agency seeking to
3028     release or dispose of evidence, the prosecuting attorney shall:
3029          (i) provide a notice of receipt to the agency within 15 days after the day on which the
3030     prosecuting attorney receives the written request; and
3031          (ii) send a written notification to the agency of the prosecuting attorney's decision to
3032     deny or grant an agency's written request within 60 days after the day on which the prosecuting

3033     attorney receives the agency's written request.
3034          (b) If an agency does not receive a notice of receipt under Subsection (5)(a)(i) or a
3035     written notification under Subsection (5)(a)(ii), the agency may send the written request to the
3036     district attorney, county attorney, attorney general, or other prosecuting attorney who directly
3037     oversees and supervises the prosecuting attorney.
3038          (6) If a prosecuting attorney denies an agency's written request to release or dispose of
3039     evidence under this section, the agency shall retain the evidence in accordance with Section
3040     77-11c-201.
3041          (7) The requirements of this section do not apply when the release or disposal of
3042     evidence of a misdemeanor offense is in compliance with a memorandum of understanding
3043     between the agency and the prosecuting attorney.
3044          Section 62. Section 77-11c-301, which is renumbered from Section 24-2-106 is
3045     renumbered and amended to read:
3046     
Part 3. Retention of Evidence for Felony Offenses

3047          [24-2-106].      77-11c-301. Retention of evidence for felony offenses.
3048          [(1) If seized property is admitted into evidence during a court proceeding, the clerk of
3049     the court shall:]
3050          [(a) retain the property; or]
3051          [(b) return the property to the custody of the agency.]
3052          [(2) Subject to Title 53, Chapter 20, Forensic Biological Evidence Preservation, the
3053     agency shall retain seized or forfeited property:]
3054          (1) Except as provided in Subsection (4) and Subsection 23-20-1(3), an agency shall
3055     retain evidence of a felony offense:
3056          (a) at the discretion of the prosecuting attorney; or
3057          (b) until all direct appeals and retrials are final.
3058          [(3)] (2) If the prosecuting attorney decides to retain control over the [seized or
3059     forfeited property under Subsection (2)(a)] evidence of the felony offense in anticipation of
3060     possible collateral attacks upon the judgment or for use in a potential prosecution, the
3061     prosecuting attorney may decline to authorize the disposal of the [property] evidence.
3062          (3) An agency shall ensure that evidence of a felony offense is subject to a continuous
3063     chain of custody.

3064          (4) An agency shall retain and preserve biological evidence of a violent felony offense
3065     in accordance with Part 4, Preservation of Biological Evidence for Violent Felony Offenses.
3066          Section 63. Section 77-11c-401, which is renumbered from Section 53-20-102 is
3067     renumbered and amended to read:
3068     
Part 4. Preservation of Biological Evidence for Violent Felony Offenses

3069          [53-20-102].      77-11c-401. Preservation of biological evidence -- Procedures
3070     -- Inventory request.
3071          (1) Except as provided in Section [53-20-103] 77-11c-402, an evidence collecting or
3072     retaining entity shall preserve biological evidence[:] of a violent felony offense in accordance
3073     with this part.
3074          (2) An evidence collecting or retaining entity shall preserve biological evidence of a
3075     violent felony offense:
3076          (a) for the longer of:
3077          (i) the length of the statute of limitations for the violent felony offense if:
3078          (A) no charges are filed for the violent felony offense; or
3079          (B) the violent felony offense remains unsolved;
3080          (ii) the length of time that the individual convicted of the violent felony offense or any
3081     lesser included violent offense remains in custody; or
3082          (iii) the length of time that a co-defendant remains in custody;
3083          (b) in an amount and manner sufficient to:
3084          (i) develop a DNA profile; and
3085          (ii) if practicable, allow for independent testing of the biological evidence by a
3086     defendant; and
3087          (c) subject to a continuous chain of custody.
3088          [(2)] (3) (a) Upon request by a defendant under Title 63G, Chapter 2, Government
3089     Records Access and Management Act, the evidence collecting or retaining entity shall prepare
3090     an inventory of the biological evidence preserved in connection with the defendant's criminal
3091     case.
3092          (b) If the evidence collecting or retaining entity cannot locate biological evidence
3093     requested under Subsection [(2)(a)] (3)(a), the custodian for the entity shall provide a sworn
3094     affidavit to the defendant that:

3095          (i) describes the efforts taken to locate the biological evidence; and
3096          (ii) affirms that the biological evidence could not be located.
3097          [(3)] (4) The evidence collecting or retaining entity may dispose of biological evidence
3098     before the day on which the period described in Subsection [(1)(a)] (2)(a) expires if:
3099          (a) no other provision of federal or state law requires the evidence collecting or
3100     retaining entity to preserve the biological evidence;
3101          (b) the evidence collecting or retaining entity sends notice in accordance with
3102     Subsection [(4)] (5); and
3103          (c) an individual notified under Subsection [(4)(a)] (5)(a) does not within 180 days
3104     after the day on which the evidence collecting or retaining entity receives proof of delivery
3105     under Subsection [(4)] (5):
3106          (i) file a motion for testing of the biological evidence under Section 78B-9-301; or
3107          (ii) submit a written request under Subsection [(4)(b)(ii)] (5)(b)(ii).
3108          [(4)] (5) If the evidence collecting or retaining entity intends to dispose of the
3109     biological evidence before the day on which the period described in Subsection [(1)(a)] (2)(a)
3110     expires, the evidence collecting or retaining entity shall send a notice of intent to dispose of the
3111     biological evidence that:
3112          (a) is sent by certified mail, return receipt requested, or a delivery service that provides
3113     proof of delivery, to:
3114          (i) an individual who remains in custody based on a criminal conviction related to the
3115     biological evidence;
3116          (ii) the private attorney or public defender of record for each individual described in
3117     Subsection [(4)(a)(i)] (5)(a)(i);
3118          (iii) if applicable, the prosecuting agency responsible for the prosecution of each
3119     individual described in Subsection [(4)(a)(i)] (5)(a)(i); and
3120          (iv) the Utah attorney general; and
3121          (b) explains that the party receiving the notice may:
3122          (i) file a motion for testing of biological evidence under Section 78B-9-301; or
3123          (ii) submit a written request that the evidence collecting or retaining entity retain the
3124     biological evidence.
3125          [(5)] (6) (a) Subject to Subsections [(5)(b) and (c)] (6)(b) and (c), if the evidence

3126     collecting or retaining entity receives a written request to retain the biological evidence under
3127     Subsection [(4)(b)(ii)] (5)(b)(ii), the evidence collecting or retaining entity shall retain the
3128     biological evidence while the defendant remains in custody.
3129          (b) Subject to Subsection [(5)(c)] (6)(c), the evidence collecting or retaining entity is
3130     not required to preserve physical evidence that may contain biological evidence if the physical
3131     evidence's size, bulk, or physical character renders retention impracticable.
3132          (c) If the evidence collecting or retaining entity determines that retention is
3133     impracticable, before returning or disposing of the physical evidence, the evidence collecting or
3134     retaining entity shall:
3135          (i) remove the portions of the physical evidence likely to contain biological evidence
3136     related to the violent felony offense; and
3137          (ii) preserve the removed biological evidence in a quantity sufficient to permit future
3138     DNA testing.
3139          [(6)] (7) To comply with the preservation requirements described in this section, a law
3140     enforcement agency or a court may:
3141          (a) retain the biological evidence; or
3142          (b) if a continuous chain of custody can be maintained, return the biological evidence
3143     to the custody of the other law enforcement agency that originally provided the biological
3144     evidence to the law enforcement agency.
3145          Section 64. Section 77-11c-402, which is renumbered from Section 53-20-103 is
3146     renumbered and amended to read:
3147          [53-20-103].      77-11c-402. Exceptions to preservation of biological
3148     evidence.
3149          (1) As used in this section, "offense concerning driving under the influence" means:
3150          (a) Section 41-6a-502;
3151          (b) Section 41-6a-502.5;
3152          (c) Section 41-6a-517;
3153          (d) Section 41-6a-530;
3154          (e) Section 76-5-102.1;
3155          (f) Section 76-5-207; and
3156          (g) a local ordinance similar to the offenses described in this Subsection (1).

3157          (2) Section [53-20-102] 77-11c-402 does not apply to biological evidence obtained
3158     during an investigation or prosecution for an offense concerning driving under the influence
3159     solely for toxicology purposes.
3160          Section 65. Section 77-11c-403, which is renumbered from Section 53-20-104 is
3161     renumbered and amended to read:
3162          [53-20-104].      77-11c-403. Remedies for failure to preserve biological
3163     evidence.
3164          (1) (a) Except as provided in Subsections (1)(b) and (2), if a court finds that biological
3165     evidence that reasonably could have been found to be exculpatory in a defendant's criminal
3166     case was not preserved in accordance with this chapter, the court may impose sanctions and
3167     remedies at the court's discretion, including:
3168          (i) the grant of a new trial;
3169          (ii) an instruction to the jury that evidence was not preserved as required by law;
3170          (iii) the reduction of the sentence;
3171          (iv) the dismissal of the criminal charge;
3172          (v) the vacation of the conviction; or
3173          (vi) the entry of a finding that because the evidence was not preserved in accordance
3174     with this chapter, a presumption exists that the evidence would have been exculpatory to the
3175     defendant.
3176          (b) The provisions in Subsection (1)(a) apply only if:
3177          (i) a defendant's appeal has not concluded;
3178          (ii) a defendant's time for appeal has not expired; or
3179          (iii) a defendant has received a new trial in accordance with Subsection (2)(b).
3180          (2) (a) A defendant shall seek relief under Title 78B, Chapter 9, Postconviction
3181     Remedies Act, if:
3182          (i) the defendant alleges that the biological evidence that is the basis for the defendant's
3183     claim was not preserved in accordance with this chapter; and
3184          (ii) (A) the defendant's appeal has concluded; or
3185          (B) the time for the defendant's appeal has expired.
3186          (b) If a defendant obtains relief under Title 78B, Chapter 9, Postconviction Remedies
3187     Act, the provisions in Subsection (1) apply to the defendant's new trial.

3188          Section 66. Section 77-11d-101, which is renumbered from Section 77-24a-1 is
3189     renumbered and amended to read:
3190     
CHAPTER 11d. LOST OR MISLAID PROPERTY

3191          [77-24a-1].      77-11d-101. Definitions.
3192          As used in this chapter:
3193          (1) "Interest holder" means the same as that term is defined in Section 77-11a-101.
3194          [(1)] (2) "Lost or mislaid property":
3195          (a) means any property that comes into the possession of a peace officer or law
3196     enforcement agency:
3197          (i) that is not claimed by anyone who is identified as the owner of the property; or
3198          (ii) for which no owner or interest holder can be found after a reasonable and diligent
3199     search;
3200          (b) includes any property received by a peace officer or law enforcement agency from a
3201     person claiming to have found the property; and
3202          (c) does not include property seized by a peace officer [pursuant to Title 24, Forfeiture
3203     and Disposition of Property Act] in accordance with Chapter 11a, Seizure of Property and
3204     Contraband.
3205          (3) "Owner" means the same as that term is defined in Section 77-11a-101.
3206          [(2)] (4) "Public interest use" means:
3207          (a) use by a governmental agency as determined by the agency's legislative body; or
3208          (b) donation to a nonprofit charity registered with the state.
3209          Section 67. Section 77-11d-102, which is renumbered from Section 77-24a-2 is
3210     renumbered and amended to read:
3211          [77-24a-2].      77-11d-102. Disposition by police agency.
3212          All lost or mislaid property coming into the possession of a peace officer or law
3213     enforcement agency shall be turned over to, held, and disposed of only by the local law
3214     enforcement agency whose authority extends to the area where the item was found.
3215          Section 68. Section 77-11d-103, which is renumbered from Section 77-24a-3 is
3216     renumbered and amended to read:
3217          [77-24a-3].      77-11d-103. Statement of finder of property.
3218          (1) A person who finds lost or mislaid property and delivers it to a local law

3219     enforcement agency shall sign a statement included in a form provided by the agency, stating:
3220          (a) the manner in which the property came into the person's possession, including the
3221     time, date, and place;
3222          (b) that the person does not know who owns the property;
3223          (c) that, to the person's knowledge, the property was not stolen;
3224          (d) that the person's possession of the property is not unlawful; and
3225          (e) any information the person is aware of which could lead to a determination of the
3226     owner.
3227          (2) Additional information may be requested by the agency receiving the property, as
3228     necessary.
3229          Section 69. Section 77-11d-104, which is renumbered from Section 77-24a-4 is
3230     renumbered and amended to read:
3231          [77-24a-4].      77-11d-104. Locating owner of property.
3232          (1) The local law enforcement agency shall take reasonable steps to determine the
3233     identity and location of the owner, and notify the owner that the property is in custody.
3234          (2) The owner may obtain the property only by providing personal identification,
3235     identifying the property, and paying any costs incurred by the agency, including costs for
3236     advertising or storage.
3237          Section 70. Section 77-11d-105, which is renumbered from Section 77-24a-5 is
3238     renumbered and amended to read:
3239          [77-24a-5].      77-11d-105. Disposition of unclaimed property.
3240          (1) (a) If the owner of any lost or mislaid property cannot be determined or notified, or
3241     if the owner of the property is determined and notified, and fails to appear and claim the
3242     property after three months of [its] the property's receipt by the local law enforcement agency,
3243     the agency shall:
3244          (i) publish notice of the intent to dispose of the unclaimed property on Utah's Public
3245     Legal Notice Website established in Subsection 45-1-101(2)(b);
3246          (ii) post a similar notice on the public website of the political subdivision within which
3247     the law enforcement agency is located; and
3248          (iii) post a similar notice in a public place designated for notice within the law
3249     enforcement agency.

3250          (b) The notice shall:
3251          (i) give a general description of the item; and
3252          (ii) the date of intended disposition.
3253          (c) The agency may not dispose of the lost or mislaid property until at least eight days
3254     after the date of publication and posting.
3255          (2) (a) If no claim is made for the lost or mislaid property within nine days of
3256     publication and posting, the agency shall notify the person who turned the property over to the
3257     local law enforcement agency, if it was turned over by a person under Section [77-24a-3]
3258     77-11d-103.
3259          (b) Except as provided in Subsection (4), if that person has complied with the
3260     provisions of this chapter, the person may take the lost or mislaid property if the person:
3261          (i) pays the costs incurred for advertising and storage; and
3262          (ii) signs a receipt for the item.
3263          (3) If the person who found the lost or mislaid property fails to take the property under
3264     the provisions of this chapter, the agency shall:
3265          (a) apply the property to a public interest use as provided in Subsection (4);
3266          (b) sell the property at public auction and apply the proceeds of the sale to a public
3267     interest use; or
3268          (c) destroy the property if it is unfit for a public interest use or sale.
3269          (4) Before applying the lost or mislaid property to a public interest use, the agency
3270     having possession of the property shall obtain from the agency's legislative body:
3271          (a) permission to apply the property to a public interest use; and
3272          (b) the designation and approval of the public interest use of the property.
3273          (5) Any person employed by a law enforcement agency who finds property may not
3274     claim or receive property under this section.
3275          Section 71. Section 77-37-3 is amended to read:
3276          77-37-3. Bill of rights.
3277          (1) The bill of rights for victims and witnesses is:
3278          (a) Victims and witnesses have a right to be informed as to the level of protection from
3279     intimidation and harm available to them, and from what sources, as they participate in criminal
3280     justice proceedings as designated by Section 76-8-508, regarding witness tampering, and

3281     Section 76-8-509, regarding threats against a victim. Law enforcement, prosecution, and
3282     corrections personnel have the duty to timely provide this information in a form which is useful
3283     to the victim.
3284          (b) Victims and witnesses, including children and their guardians, have a right to be
3285     informed and assisted as to their role in the criminal justice process. All criminal justice
3286     agencies have the duty to provide this information and assistance.
3287          (c) Victims and witnesses have a right to clear explanations regarding relevant legal
3288     proceedings; these explanations shall be appropriate to the age of child victims and witnesses.
3289     All criminal justice agencies have the duty to provide these explanations.
3290          (d) Victims and witnesses should have a secure waiting area that does not require them
3291     to be in close proximity to defendants or the family and friends of defendants. Agencies
3292     controlling facilities shall, whenever possible, provide this area.
3293          (e) Victims may seek restitution or reparations, including medical costs, as provided in
3294     Title 63M, Chapter 7, Criminal Justice and Substance Abuse, Title 77, Chapter 38b, Crime
3295     Victims Restitution Act, and Section 80-6-710. State and local government agencies that serve
3296     victims have the duty to have a functional knowledge of the procedures established by the
3297     Crime Victim Reparations Board and to inform victims of these procedures.
3298          (f) Victims and witnesses have a right to have any personal property returned as
3299     provided in [Sections 77-24a-1 through 77-24a-5] Chapter 11a, Seizure of Property and
3300     Contraband, and Chapter 11d, Lost or Mislaid Property. Criminal justice agencies shall
3301     expeditiously return the property when it is no longer needed for court law enforcement or
3302     prosecution purposes.
3303          (g) Victims and witnesses have the right to reasonable employer intercession services,
3304     including pursuing employer cooperation in minimizing employees' loss of pay and other
3305     benefits resulting from their participation in the criminal justice process. Officers of the court
3306     shall provide these services and shall consider victims' and witnesses' schedules so that
3307     activities which conflict can be avoided. Where conflicts cannot be avoided, the victim may
3308     request that the responsible agency intercede with employers or other parties.
3309          (h) Victims and witnesses, particularly children, should have a speedy disposition of
3310     the entire criminal justice process. All involved public agencies shall establish policies and
3311     procedures to encourage speedy disposition of criminal cases.

3312          (i) Victims and witnesses have the right to timely notice of judicial proceedings they
3313     are to attend and timely notice of cancellation of any proceedings. Criminal justice agencies
3314     have the duty to provide these notifications. Defense counsel and others have the duty to
3315     provide timely notice to prosecution of any continuances or other changes that may be required.
3316          (j) Victims of sexual offenses have the following rights:
3317          (i) the right to request voluntary testing for themselves for HIV infection as provided in
3318     Section 53-10-803 and to request mandatory testing of the alleged sexual offender for HIV
3319     infection as provided in Section 53-10-802;
3320          (ii) the right to be informed whether a DNA profile was obtained from the testing of
3321     the rape kit evidence or from other crime scene evidence;
3322          (iii) the right to be informed whether a DNA profile developed from the rape kit
3323     evidence or other crime scene evidence has been entered into the Utah Combined DNA Index
3324     System;
3325          (iv) the right to be informed whether there is a match between a DNA profile
3326     developed from the rape kit evidence or other crime scene evidence and a DNA profile
3327     contained in the Utah Combined DNA Index System, provided that disclosure would not
3328     impede or compromise an ongoing investigation; and
3329          (v) the right to designate a person of the victim's choosing to act as a recipient of the
3330     information provided under this Subsection (1)(j) and under Subsections (2) and (3).
3331          (k) Subsections (1)(j)(ii) through (iv) do not require that the law enforcement agency
3332     communicate with the victim or the victim's designee regarding the status of DNA testing,
3333     absent a specific request received from the victim or the victim's designee.
3334          (2) The law enforcement agency investigating a sexual offense may:
3335          (a) release the information indicated in Subsections (1)(j)(ii) through (iv) upon the
3336     request of a victim or the victim's designee and is the designated agency to provide that
3337     information to the victim or the victim's designee;
3338          (b) require that the victim's request be in writing; and
3339          (c) respond to the victim's request with verbal communication, written communication,
3340     or by email, if an email address is available.
3341          (3) The law enforcement agency investigating a sexual offense has the following
3342     authority and responsibilities:

3343          (a) If the law enforcement agency determines that DNA evidence will not be analyzed
3344     in a case where the identity of the perpetrator has not been confirmed, the law enforcement
3345     agency shall notify the victim or the victim's designee.
3346          (b) (i) If the law enforcement agency intends to destroy or dispose of rape kit evidence
3347     or other crime scene evidence from an unsolved sexual assault case, the law enforcement
3348     agency shall provide written notification of that intention and information on how to appeal the
3349     decision to the victim or the victim's designee of that intention.
3350          (ii) Written notification under this Subsection (3) shall be made not fewer than 60 days
3351     prior to the destruction or disposal of the rape kit evidence or other crime scene evidence.
3352          (c) A law enforcement agency responsible for providing information under Subsections
3353     (1)(j)(ii) through (iv), (2), and (3) shall do so in a timely manner and, upon request of the
3354     victim or the victim's designee, shall advise the victim or the victim's designee of any
3355     significant changes in the information of which the law enforcement agency is aware.
3356          (d) The law enforcement agency investigating the sexual offense is responsible for
3357     informing the victim or the victim's designee of the rights established under Subsections
3358     (1)(j)(ii) through (iv) and (2), and this Subsection (3).
3359          (4) Informational rights of the victim under this chapter are based upon the victim
3360     providing the current name, address, telephone number, and email address, if an email address
3361     is available, of the person to whom the information should be provided to the criminal justice
3362     agencies involved in the case.
3363          Section 72. Section 78B-9-104 is amended to read:
3364          78B-9-104. Grounds for relief -- Retroactivity of rule.
3365          (1) Unless precluded by Section 78B-9-106 or 78B-9-107, an individual who has been
3366     convicted and sentenced for a criminal offense may file an action in the district court of
3367     original jurisdiction for postconviction relief to vacate or modify the conviction or sentence
3368     upon the following grounds:
3369          (a) the conviction was obtained or the sentence was imposed in violation of the United
3370     States Constitution or Utah Constitution;
3371          (b) the conviction was obtained or the sentence was imposed under a statute that is in
3372     violation of the United States Constitution or Utah Constitution, or the conduct for which the
3373     petitioner was prosecuted is constitutionally protected;

3374          (c) the sentence was imposed or probation was revoked in violation of the controlling
3375     statutory provisions;
3376          (d) the petitioner had ineffective assistance of counsel in violation of the United States
3377     Constitution or Utah Constitution;
3378          (e) newly discovered material evidence exists that requires the court to vacate the
3379     conviction or sentence, because:
3380          (i) neither the petitioner nor petitioner's counsel knew of the evidence at the time of
3381     trial or sentencing or in time to include the evidence in any previously filed post-trial motion or
3382     postconviction proceeding, and the evidence could not have been discovered through the
3383     exercise of reasonable diligence;
3384          (ii) the material evidence is not merely cumulative of evidence that was known;
3385          (iii) the material evidence is not merely impeachment evidence; and
3386          (iv) viewed with all the other evidence, the newly discovered material evidence
3387     demonstrates that no reasonable trier of fact could have found the petitioner guilty of the
3388     offense or subject to the sentence received;
3389          (f) the petitioner can prove that:
3390          (i) biological evidence, as that term is defined in Section [53-20-101] 77-11c-101,
3391     relevant to the petitioner's conviction was not preserved in accordance with [Title 53, Chapter
3392     20, Forensic Biological Evidence Preservation] Title 77, Chapter 11c, Part 4, Preservation of
3393     Biological Evidence for Violent Felony Offenses;
3394          (ii) (A) the biological evidence described in Subsection (1)(f)(i) was not tested
3395     previously; or
3396          (B) if the biological evidence described in Subsection (1)(f)(i) was tested previously,
3397     there is a material change in circumstance, including a scientific or technological advance, that
3398     would make it plausible that a test of the biological evidence described in Subsection (1)(f)(i)
3399     would produce a favorable test result for the petitioner; and
3400          (iii) a favorable result described in Subsection (1)(f)(ii), which is presumed for
3401     purposes of the petitioner's action under this section, when viewed with all the other evidence,
3402     demonstrates a reasonable probability of a more favorable outcome at trial for the petitioner;
3403          (g) the petitioner can prove entitlement to relief under a rule announced by the United
3404     States Supreme Court, the Utah Supreme Court, or the Utah Court of Appeals after conviction

3405     and sentence became final on direct appeal, and that:
3406          (i) the rule was dictated by precedent existing at the time the petitioner's conviction or
3407     sentence became final; or
3408          (ii) the rule decriminalizes the conduct that comprises the elements of the crime for
3409     which the petitioner was convicted; or
3410          (h) the petitioner committed any of the following offenses while subject to force, fraud,
3411     or coercion, as defined in Section 76-5-308:
3412          (i) Section 58-37-8, possession of a controlled substance;
3413          (ii) Section 76-10-1304, aiding prostitution;
3414          (iii) Section 76-6-206, criminal trespass;
3415          (iv) Section 76-6-413, theft;
3416          (v) Section 76-6-502, possession of forged writing or device for writing;
3417          (vi) Sections 76-6-602 through 76-6-608, retail theft;
3418          (vii) Subsection 76-6-1105(2)(a)(i)(A), unlawful possession of another's identification
3419     document;
3420          (viii) Section 76-9-702, lewdness;
3421          (ix) Section 76-10-1302, prostitution; or
3422          (x) Section 76-10-1313, sexual solicitation.
3423          (2) The court may not grant relief from a conviction or sentence unless in light of the
3424     facts proved in the postconviction proceeding, viewed with the evidence and facts introduced at
3425     trial or during sentencing:
3426          (a) the petitioner establishes that there would be a reasonable likelihood of a more
3427     favorable outcome; or
3428          (b) if the petitioner challenges the conviction or the sentence on grounds that the
3429     prosecutor knowingly failed to correct false testimony at trial or at sentencing, the petitioner
3430     establishes that the false testimony, in any reasonable likelihood, could have affected the
3431     judgment of the fact finder.
3432          (3) (a) The court may not grant relief from a conviction based on a claim that the
3433     petitioner is innocent of the crime for which convicted except as provided in Part 3,
3434     Postconviction Testing of DNA, or Part 4, Postconviction Determination of Factual Innocence.
3435          (b) Claims under Part 3, Postconviction Testing of DNA, or Part 4, Postconviction

3436     Determination of Factual Innocence, of this chapter may not be filed as part of a petition under
3437     this part, but shall be filed separately and in conformity with the provisions of Part 3,
3438     Postconviction Testing of DNA, or Part 4, Postconviction Determination of Factual Innocence.
3439          Section 73. Repealer.
3440          This bill repeals:
3441          Section 24-1-101, Title.
3442          Section 24-2-101, Title.
3443          Section 24-3-101, Title.
3444          Section 24-4-101, Title.