77-11a-203. Procedure after seizure of property or contraband.

296 words·~1 min read·/ut/title-77/chapter-11a/77-11a-203

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/3/2023

(1)If a peace officer seizes property or contraband under Section 77-11a-201 , the property and contraband:

(a)is not recoverable by replevin; and

(b)is considered in the custody of the agency that employed the peace officer.

(2)If a peace officer seizes property under Section 77-11a-201 , the peace officer or the peace officer's employing agency shall provide a receipt to the person from which the property is seized.

(3)The receipt shall describe the:

(a)property seized;

(b)date of seizure; and

(c)name and contact information of the peace officer's employing agency.

(4)In addition to the receipt, the peace officer or agency shall provide the person with:

(a)information on:

(i)the time periods for the forfeiture of property; and

(ii)what happens to property upon a conviction or acquittal of the offense subjecting the property to seizure; and

(b)a web link or referral to the self-help webpage of the Utah Courts' website for resources that may assist the person in making a claim for the return of seized property.

(5)The agency shall maintain a copy of the receipt provided in accordance with Subsection

(2).

(6)If a peace officer seizes property that, at the time of seizure, is held by a pawn or secondhand business in the course of the pawn or secondhand business's business, the provisions of Section 13-32a-109.5 shall apply to the seizure of the property.

(7)If custody of the property is transferred to another agency, the transferring agency shall provide the other agency a copy of the receipt under Subsection

(2)and the name of the person from which the property was seized.

Renumbered and Amended by Chapter 448 , 2023 General Session