77-11b-203. Mandatory return of seized property subject to forfeiture.

253 words·~1 min read·/ut/title-77/chapter-11b/77-11b-203

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

Effective 5/3/2023

(1)Except for property that is required to be retained or preserved under Chapter 11c, Retention of Evidence , an agency shall promptly return seized property to a claimant and the prosecuting attorney may take no further action to forfeit the property, unless within 75 days after the day on which the property is seized:

(a)the prosecuting attorney:

(i)files a criminal indictment or information under Subsection 77-11b-301(3) ;

(ii)files a petition to transfer the property to another agency in accordance with Section 77-11a-205 ; or

(iii)files a civil forfeiture complaint under Section 77-11b-302 ; or

(b)the prosecuting attorney or a federal prosecutor obtains a restraining order under Subsection 77-11b-301(4) .

(a)The prosecuting attorney may file a petition to extend the deadline under Subsection

(1)by 21 days.

(b)If a prosecuting attorney files a petition under Subsection (2)(a) and the prosecuting attorney provides good cause for extending the deadline, a court shall grant the petition.

(c)The prosecuting attorney may not file more than one petition under this Subsection

(2).

(3)If a prosecuting attorney is unable to file a civil forfeiture complaint under Subsection (1)(a)(iii) because a claimant has filed a claim under Section 77-11a-304 and the claimant has an extension to provide additional information on the claim under Subsection 77-11a-304(1)(d) , the deadline under Subsection

(1)may be extended by 15 days.

Renumbered and Amended by Chapter 448 , 2023 General Session