Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 70 (2017GS)

Sponsor

Sen. Stephenson, H.

Final action

Governor Signed 3/23/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• in addition to current reporting requirements, requires that law enforcement agencies reporting on a forfeiture action shall include:
• information on related criminal charges;
• the value of seized property;
• the agency's share of property received from a federal forfeiture case;
• the agency's costs incurred for storage of storing seized property; and
• the legal costs incurred by the prosecuting attorney; and
• amends the list of information to be provided regarding a forfeiture, and requires that the information be reported by a law enforcement agency, when:
• transferring disposition of property resulting from a forfeiture matter to the Commission on Criminal and Juvenile Justice; and
• the law enforcement agency has been awarded any share of property forfeited by the federal government.

Every vote on this bill

Bill text

ASSET FORFEITURE TRANSPARENCY AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Howard A. Stephenson
House Sponsor: 
 John Knotwell
LONG TITLE
General Description:
This bill modifies the Forfeiture and Disposition of Property Act regarding reporting
requirements.
Highlighted Provisions:
This bill:
▸ in addition to current reporting requirements, requires that law enforcement
agencies reporting on a forfeiture action shall include:
• information on related criminal charges;
• the value of seized property;
• the agency's share of property received from a federal forfeiture case;
• the agency's costs incurred for storage of storing seized property; and
• the legal costs incurred by the prosecuting attorney; and
▸ amends the list of information to be provided regarding a forfeiture, and requires
that the information be reported by a law enforcement agency, when:
• transferring disposition of property resulting from a forfeiture matter to the
Commission on Criminal and Juvenile Justice; and
• the law enforcement agency has been awarded any share of property forfeited by
the federal government.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
24-4-118
, as enacted by Laws of Utah 2015, Chapter 134
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
24-4-118
 is amended to read:
24-4-118.
Forfeiture reporting requirements.
(1) On and after January 1, 2016, every state, county, municipal, or other law
enforcement agency shall[
, when transferring the final disposition of any civil or criminal
forfeiture matter to the Commission on Criminal and Juvenile Justice as required under this
chapter,
] provide all available data described in Subsection (5), along with the transfer of any
applicable forfeited property[
.
]
:
(a) when transferring the forfeited property resulting from the final disposition of any
civil or criminal forfeiture matter to the Commission on Criminal and Juvenile Justice as
required under Subsection 
24-4-115
(5); or
(b) when the agency has been awarded any equitable share of property forfeited by the
federal government.
(2) The Commission on Criminal and Juvenile Justice shall develop a standardized
report format that each agency shall use in reporting the data required under this section.
(3) The Commission on Criminal and Juvenile Justice shall annually, on or before
April 30, prepare a summary report of the case data submitted by each agency under Subsection
(1) during the prior calendar year.
(4) (a) If an agency does not comply with the reporting requirements under this section,
the Commission on Criminal and Juvenile Justice shall contact the agency and request that the
agency comply with the required reporting provisions.
(b) If an agency fails to comply with the reporting requirements under this section
within 30 days after receiving the request to comply, the Commission on Criminal and Juvenile
Justice shall report the noncompliance to the Utah attorney general, the speaker of the House of
Representatives, and the president of the Senate.
(5) The data for any civil or criminal forfeiture matter for which final disposition has
been made under Subsection (1) shall include:
(a) the agency that conducted the seizure;
(b) the case number or other identification;
(c) the date or dates on which the seizure was conducted;
(d) the number of individuals having a known property interest in each seizure of
property;
(e) the type of property seized;
(f) the alleged offense that was the cause for seizure of the property;
(g) whether any criminal charges were filed regarding the alleged offense, and if so, the
final disposition of each charge, including the conviction, acquittal, or dismissal, or whether
action on a charge is pending;
[
(g)
] 
(h)
 the type of enforcement action that resulted in the seizure, including an
enforcement stop, a search warrant, or an arrest warrant;
[
(h)
] 
(i)
 whether the forfeiture procedure was civil or criminal;
(j) the value of the property seized, including currency and the estimated market value
of any tangible property;
[
(i)
] 
(k)
 the final disposition of the matter, including whether final disposition was
entered by stipulation of the parties, including the amount of property returned to any claimant,
by default, by summary judgment, by jury award, or by guilty plea or verdict in a criminal
forfeiture; [
and
]
(l) if the property was forfeited by the federal government, the amount of forfeited
money awarded to the agency;
(m) the agency's direct costs and expenses for obtaining and maintaining the seized
property, as described in Subsection 
24-4-115
(3)(a);
(n) the legal costs and attorney fees paid to the prosecuting attorney, as described in
Subsection 
24-4-115
(3)(b); and
[
(j)
] 
(o)
 if the property was transferred to a federal agency or any governmental entity
not created under and subject to state law:
(i) the date of the transfer;
(ii) the name of the federal agency or entity to which the property was transferred;
(iii) a reference to which reason under Subsection 
24-4-114
(1)(a) justified the transfer;
(iv) the court or agency where the forfeiture case was heard;
(v) the date of the order of transfer of the property; and
(vi) the value of the property transferred to the federal agency, including currency and
the estimated market value of any tangible property.
(6) On and after January 1, 2016, every state, county, municipal, or other law
enforcement agency shall annually on or before April 30 submit a report for the prior calendar
year to the Commission on Criminal and Juvenile Justice which states:
(a) whether the agency received an award from the State Asset Forfeiture Grant
Program under Section 
24-4-117
 and, if so, the following information for each award:
(i) the amount of the award;
(ii) the date of the award;
(iii) how the award was used or is planned to be used; and
(iv) a statement signed by both the agency's executive officer or designee and by the
agency's legal counsel, that:
(A) the agency has complied with all inventory, policy, and reporting requirements
under Section 
24-4-117
; and
(B) all awards were used for crime reduction or law enforcement purposes as specified
in the application and that the awards were used only upon approval by the agency's legislative
body; and
(b) whether the agency received any property, money, or other things of value pursuant
to federal law as described in Subsection 
24-4-114
(2) and, if so, the following information for
each piece of property, money, or other thing of value:
(i) the case number or other case identification;
(ii) the value of the award and the property, money, or other things of value received by
the agency;
(iii) the date of the award;
(iv) the identity of any federal agency involved in the forfeiture;
(v) how the awarded property has been used or is planned to be used; and
(vi) a statement signed by both the agency's executive officer or designee and by the
agency's legal counsel, that the agency has only used the award for crime reduction or law
enforcement purposes authorized under Section 
24-4-117
, and that the award was used only
upon approval by the agency's legislative body.
(7) (a) On or before July 1 of each year, the Commission on Criminal and Juvenile
Justice shall submit notice of the annual reports in Subsection (3) and Subsection (6), in
electronic format, to:
(i) the Utah attorney general;
(ii) the speaker of the House of Representatives, for referral to any House standing or
interim committees with oversight over law enforcement and criminal justice;
(iii) the president of the Senate, for referral to any Senate standing or interim
committees with oversight over law enforcement and criminal justice; and
(iv) each law enforcement agency.
(b) The reports described in Subsection (3) and Subsection (6), as well as the
individual case data described in Subsection (1) for the previous calendar year, shall be
published on the Utah Open Government website at open.utah.gov on or before July 15 of each
year.
Legislative Review Note
Office of Legislative Research and General Counsel