77-11a-204. Custody of seized property and contraband.

249 words·~1 min read·/ut/title-77/chapter-11a/77-11a-204

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

Effective 5/1/2024

(1)An agency with custody of seized property or contraband shall:

(a)hold the property or contraband in safe custody until the property or contraband is returned or disposed of in accordance with:

(i)this chapter; and

(ii)Chapter 11c, Retention of Evidence; and

(b)maintain a record of the property or contraband, including:

(i)a detailed inventory of all property or contraband seized;

(ii)the name of the person from which the property or contraband was seized; and

(iii)the agency's case number.

(a)Except as provided in Subsection (2)(b), no later than 30 days after the day on which a peace officer seizes property in the form of cash or other readily negotiable instruments, an agency shall deposit the property into a separate, restricted, interest-bearing account maintained by the agency solely for the purpose of managing and protecting the property from commingling, loss, or devaluation.

(b)A prosecuting attorney may authorize one or more written extensions of the 30-day period under Subsection (2)(a) if the property needs to maintain the form in which the property was seized for evidentiary purposes or other good cause.

(3)An agency shall:

(a)have written policies for the identification, tracking, management, and safekeeping of seized property and contraband; and

(b)shall have a written policy that prohibits the transfer, sale, or auction of seized property and contraband to an employee of the agency.

Amended by Chapter 150 , 2024 General Session