77-11a-402. Disposition of seized property and contraband -- Return of seized property.

558 words·~3 min read·/ut/title-77/chapter-11a/77-11a-402

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

Effective 5/7/2025

(1)Except as provided in Subsection

(2), if a prosecuting attorney determines that seized property no longer needs to be retained as evidence under Chapter 11c, Retention of Evidence, the prosecuting attorney may:

(a)petition the court to apply the property that is money towards restitution, fines, fees, or monetary judgments owed by the owner of the property;

(b)petition the court for an order transferring ownership of weapons to the agency with custody for the agency's use and disposal in accordance with Section 77-11a-403 if the owner:

(i)is the individual who committed the offense for which the weapon was seized; or

(ii)may not lawfully possess the weapon; or

(c)notify the agency with custody of the property or contraband that:

(i)the property may be returned to the owner in accordance with Section 77-11a-301 if the owner may lawfully possess the property; or

(ii)the contraband may be disposed of or destroyed.

(a)If an individual is charged with a crime that would not make the individual a restricted person under Section 76-11-302 or 76-11-303 or federal law if convicted and the prosecuting attorney determines that any firearm seized from the individual as a result of the offense allegedly committed by the individual no longer needs to be retained for court proceedings, the prosecuting attorney shall notify the agency with custody of the firearm that the firearm shall be returned to the individual if the individual may lawfully possess the firearm.

(b)This Subsection

(2)does not prohibit a law enforcement agency from performing a background check on an individual described in Subsection (2)(a) to determine if the individual may lawfully possess firearms.

(3)Before returning a firearm to an individual, the agency returning the firearm shall confirm, through the Bureau of Criminal Identification, that the individual is eligible to lawfully possess and receive firearms.

(a)Except as provided in Subsection (4)(b) , if the agency is unable to locate the owner of the property or the owner is not entitled to lawfully possess the property, the agency may:

(i)apply the property to a public interest use;

(ii)sell the property at public auction and apply the proceeds of the sale to a public interest use; or

(iii)destroy the property if the property is unfit for a public interest use or for sale.

(b)If the property described in Subsection (4)(a) is a firearm, the agency shall dispose of the firearm in accordance with Section 77-11a-403 .

(5)Before applying the property or the proceeds from the sale of the property to a public interest use, the agency shall obtain from the legislative body of the agency's jurisdiction:

(a)permission to apply the property or the proceeds to public interest use; and

(b)the designation and approval of the public interest use of the property or the proceeds.

(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-116 shall apply to the disposition of the property.

Amended by Chapter 173 , 2025 General Session

Amended by Chapter 208 , 2025 General Session

Amended by Chapter 431 , 2025 General Session