77-11a-302. Return of seized property to claimant by surety bond or cash.
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/ut/title-77/chapter-11a/77-11a-302A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 5/1/2024
77-11a-302. Return of seized property to claimant by surety bond or cash.
(1)Except as provided in Subsection (2), a claimant may obtain the return of seized property by posting a surety bond or cash with the court that is in an amount equal to the current fair market value of the property as determined by the court or a stipulation by the parties.
(2)A court may refuse to order the return of property under Subsection
(1)if:
(a)the bond tendered for the property is inadequate;
(b)the property is subject to the retention or preservation requirements under Chapter 11c, Retention of Evidence;
(c)the property is particularly altered or designed for use in the commission of the offense subjecting the property to forfeiture under Section 77-11b-102 ; or
(d)the property is contraband.
(3)If a surety bond or cash is posted and the court later determines that the property is forfeited, the court shall order the forfeiture of the surety bond or cash in lieu of the property.
Amended by Chapter 150 , 2024 General Session