Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 98 (2021GS)

Sponsor

Sen. Weiler, T.

Final action

Governor Signed 3/16/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• clarifies provisions related to the seizure and forfeiture of property and contraband;
• addresses jurisdiction of a district court over seized property;
• provides, with certain exceptions, that seized property may not be transferred or shared with a federal agency or an agency of another state;
• requires that a disclaimer of seized property by an individual be knowing and voluntary;
• provides that law enforcement agencies have 30 days to process seized cash or negotiable instruments;
• requires the cash or negotiable instrument be deposited into an interest-bearing account;
• amends provisions related to the retention of property for court proceedings;
• reduces the length of time for an agency to present a written request for forfeiture to a prosecutor;
• allows an agency or prosecuting attorney to release property to an innocent owner;
• prohibits the forfeiture of property seized upon the sole offense of possession of a controlled substance;
• permits grants to any agency involved in forfeiture activities regardless of whether the agency contributed to the State Asset Forfeiture Fund;
• requires certification of asset forfeiture specialists by Peace Officers Standards and Training or the Utah Prosecution Council; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

ASSET FORFEITURE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Todd D. Weiler
House Sponsor: 
Karianne Lisonbee
LONG TITLE
General Description:
This bill amends provisions related to asset forfeiture.
Highlighted Provisions:
This bill:
▸ clarifies provisions related to the seizure and forfeiture of property and contraband;
▸ addresses jurisdiction of a district court over seized property;
▸ provides, with certain exceptions, that seized property may not be transferred or
shared with a federal agency or an agency of another state;
▸ requires that a disclaimer of seized property by an individual be knowing and
voluntary;
▸ provides that law enforcement agencies have 30 days to process seized cash or
negotiable instruments;
▸ requires the cash or negotiable instrument be deposited into an interest-bearing
account;
▸ amends provisions related to the retention of property for court proceedings;
▸ reduces the length of time for an agency to present a written request for forfeiture to
a prosecutor;
▸ allows an agency or prosecuting attorney to release property to an innocent owner;
▸ prohibits the forfeiture of property seized upon the sole offense of possession of a
controlled substance;
▸ permits grants to any agency involved in forfeiture activities regardless of whether
the agency contributed to the State Asset Forfeiture Fund;
▸ requires certification of asset forfeiture specialists by Peace Officers Standards and
Training or the Utah Prosecution Council; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
24-1-102
, as last amended by Laws of Utah 2017, Chapters 285 and 362
24-1-103
, as enacted by Laws of Utah 2013, Chapter 394
24-2-102
, as enacted by Laws of Utah 2013, Chapter 394
24-2-103
, as last amended by Laws of Utah 2017, Chapter 362
24-3-101
, as enacted by Laws of Utah 2013, Chapter 394
24-3-103
, as last amended by Laws of Utah 2017, Chapters 285 and 334
24-3-104
, as enacted by Laws of Utah 2013, Chapter 394
24-4-101
, as enacted by Laws of Utah 2013, Chapter 394
24-4-102
, as last amended by Laws of Utah 2017, Chapter 362
24-4-103
, as enacted by Laws of Utah 2013, Chapter 394
24-4-104
, as last amended by Laws of Utah 2017, Chapter 362
24-4-105
, as last amended by Laws of Utah 2014, Chapter 112
24-4-109
, as enacted by Laws of Utah 2013, Chapter 394
24-4-110
, as last amended by Laws of Utah 2017, Chapter 362
24-4-111
, as enacted by Laws of Utah 2013, Chapter 394
24-4-112
, as enacted by Laws of Utah 2013, Chapter 394
24-4-113
, as enacted by Laws of Utah 2013, Chapter 394
24-4-115
, as last amended by Laws of Utah 2017, Chapter 303
24-4-116
, as enacted by Laws of Utah 2013, Chapter 394
24-4-117
, as last amended by Laws of Utah 2015, Chapter 134
24-4-118
, as last amended by Laws of Utah 2017, Chapter 303
ENACTS:
24-2-102.5
, Utah Code Annotated 1953
24-2-104
, Utah Code Annotated 1953
24-2-107
, Utah Code Annotated 1953
24-2-108
, Utah Code Annotated 1953
24-3-101.5
, Utah Code Annotated 1953
24-4-103.3
, Utah Code Annotated 1953
24-4-103.5
, Utah Code Annotated 1953
24-4-119
, Utah Code Annotated 1953
53-13-110.5
, Utah Code Annotated 1953
RENUMBERS AND AMENDS:
24-2-105
, (Renumbered from 24-4-114, as last amended by Laws of Utah 2015,
Chapter 134)
24-2-106
, (Renumbered from 24-3-102, as enacted by Laws of Utah 2013, Chapter 394)
REPEALS:
24-4-107
, as last amended by Laws of Utah 2017, Chapter 362
24-4-108
, as enacted by Laws of Utah 2013, Chapter 394
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
24-1-102
 is amended to read:
24-1-102.
Definitions.
As used in this title:
(1) "Account" means the Criminal Forfeiture Restricted Account created in Section
24-4-116
.
(2) (a) "Acquitted" means a finding by a jury or a judge at trial that a claimant is not
guilty.
(b) "Acquitted" does not include:
(i) a verdict of guilty on a lesser or reduced charge;
(ii) a plea of guilty to a lesser or reduced charge; or
(iii) dismissal of a charge as a result of a negotiated plea agreement.
(3) 
(a)
 "Agency" means [
any
] 
an
 agency of [
municipal, county, or state government,
including law enforcement agencies, law enforcement personnel, and multijurisdictional task
forces
] 
this state or a political subdivision of this state
.
(b) "Agency" includes a law enforcement agency or a multijurisdictional task force.
(4) "Claimant" means [
any
]:
(a) 
an
 owner of property as defined in this section;
(b) 
an
 interest holder as defined in this section; or
(c) [
person
] 
an individual
 or entity who asserts a claim to any property seized for
forfeiture under this title.
(5) "Commission" means the [
Utah
] 
State
 Commission on Criminal and Juvenile
Justice 
created in Section 
63M-7-201
.
(6) "Complaint" means a civil [
in rem
] 
or criminal
 complaint seeking the forfeiture of
any real or personal property under this title.
(7) (a) "Computer" means an electronic, magnetic, optical, electrochemical, or other
high-speed data processing device that performs logical, arithmetic, and storage functions[
,
and
]
.
(b) "Computer"
 includes any device that is used for the storage of digital or electronic
files, flash memory, software, or other electronic information.
[
(b)
] 
(c)
 "Computer" does not mean a computer server of an Internet or [
an
] electronic
service provider, or the service provider's employee, if used [
for the purpose of compliance
with obligations pursuant to
] 
to comply with the requirements under
U.S.C. 
Sec.
 2258A.
(8) "Constructive seizure" means a seizure of property where the property is left in the
control of the owner and [
the seizing
] 
an
 agency posts the property with a notice of intent to
seek forfeiture.
(9) (a) "Contraband" means any property, item, or substance that is unlawful to
produce or to possess under state or federal law.
[
(b) All controlled substances that are
]
(b) "Contraband" includes:
(i) a controlled substance that is
 possessed, transferred, distributed, or offered for
distribution in violation of Title 58, Chapter 37, Utah Controlled Substances Act[
, are
contraband.
]
; or
[
(c) A computer is contraband if it:
]
(ii) a computer that:
[
(i)
] 
(A)
 contains or houses child pornography, or is used to create, download, transfer,
upload to a storage account, or store any electronic or digital files containing child
pornography; or
[
(ii)
] 
(B)
 contains the personal identifying information of another [
person
] 
individual
,
as defined in Subsection 
76-6-1102
(1), whether that [
person
] 
individual
 is alive or deceased,
and the personal identifying information has been used to create false or fraudulent
identification documents or financial transaction cards in violation of Title 76, Chapter 6, Part
5, Fraud.
(10) "Forfeit" means to divest a claimant of an ownership interest in property seized
under this title.
[
(10)
] 
(11)
 "Innocent owner" means a claimant who:
(a) held an ownership interest in property at the time [
the conduct subjecting the
property to forfeiture occurred
] 
of the commission of an offense subjecting the property to
forfeiture under this title
, and:
(i) did not have actual knowledge of the [
conduct
] 
offense
 subjecting the property to
forfeiture; or
(ii) upon learning of the [
conduct subjecting the property to forfeiture
] 
commission of
the offense
, took reasonable steps to prohibit the [
illegal
] use of the property 
in the commission
of the offense
; or
(b) acquired an ownership interest in the property and had no knowledge that the
[
illegal conduct subjecting the property to forfeiture
] 
commission of the offense subjecting the
property to forfeiture under this title
 had occurred or that the property had been seized for
forfeiture, and:
(i) acquired the property in a bona fide transaction for value;
(ii) was [
a person
] 
an individual
, including a minor child, who acquired an interest in
the property through probate or inheritance; or
(iii) was a spouse who acquired an interest in property through dissolution of marriage
or by operation of law.
[
(11)
] 
(12)
 (a) "Interest holder" means a secured party as defined in Section
70A-9a-102
, a party with a right-of-offset, a mortgagee, lien creditor, or the beneficiary of a
security interest or encumbrance pertaining to an interest in property, whose interest would be
perfected against a good faith purchaser for value.
(b) "Interest holder" does not mean a person
:
(i)
 who holds property for the benefit of or as an agent or nominee for another
person[
,
]
;
 or
(ii)
 who is not in substantial compliance with any statute requiring an interest in
property to be recorded or reflected in public records in order to perfect the interest against a
good faith purchaser for value.
[
(12)
] 
(13)
 "Known address" means any address provided by a claimant to the 
peace
officer or
 agency at the time the property [
was
] 
is
 seized, or the claimant's most recent address
on record with a governmental entity if no address was provided at the time of the seizure.
[
(13)
] 
(14)
 "Legal costs" means the costs and expenses incurred by a party in a
forfeiture action.
[
(14)
] 
(15)
 "Legislative body" means:
(a) (i) the Legislature, county commission, county council, city commission, city
council, or town council that has fiscal oversight and budgetary approval authority over an
agency; or
(ii) the agency's governing political subdivision; or
(b) the lead governmental entity of a multijurisdictional task force, as designated in a
memorandum of understanding executed by the agencies participating in the task force.
[
(15)
] 
(16)
 "Multijurisdictional task force" means a law enforcement task force or other
agency comprised of [
persons
] 
individuals
 who are employed by or acting under the authority
of different governmental entities, including federal, state, county
,
 or municipal governments,
or any combination of [
these
] 
federal, state, county, or municipal
 agencies.
[
(16)
] 
(17)
 "Owner" means [
any person
] 
an individual
 or entity, other than an interest
holder, that possesses a bona fide legal or equitable interest in real or personal property.
(18) "Peace officer" means an employee:
(a) of an agency;
(b) whose duties consist primarily of the prevention and detection of violations of laws
of this state or a political subdivision of this state; and
(c) who is authorized by the agency to seize property under this title.
[
(17)
] 
(19)
 (a) "Proceeds" means:
(i) property of any kind that is obtained directly or indirectly as a result of the
commission of an offense [
that gives rise to forfeiture
]; or
(ii) any property acquired directly or indirectly from, produced through, realized
through, or caused by an act or omission regarding property under Subsection [
(17)
] 
(19)
(a)(i).
(b) "Proceeds" includes any property of any kind without reduction for expenses
incurred in the acquisition, maintenance, or production of that property, or any other purpose
regarding property under Subsection [
(17)
] 
(19)
(a)(i).
(c) "Proceeds" is not limited to the net gain or profit realized from the offense that
[
gives rise to forfeiture
] 
subjects the property to forfeiture
.
[
(18)
] 
(20)
 "Program" means the State Asset Forfeiture Grant Program [
established
]
created
 in Section 
24-4-117
.
[
(19)
] 
(21) (a)
 "Property" means all property, whether real or personal, tangible or
intangible[
, but
]
.
(b) "Property"
 does not include contraband.
[
(20)
] 
(22)
 "Prosecuting attorney" means:
(a) the attorney general and [
any
] 
an
 assistant attorney general;
(b) [
any
] 
a
 district attorney or deputy district attorney;
(c) [
any
] 
a
 county attorney or assistant county attorney; and
(d) [
any other
] 
an
 attorney authorized to commence an action on behalf of the state
under this title.
[
(21)
] 
(23)
 "Public interest use" means a:
(a) use by a government agency as determined by the legislative body of the agency's
jurisdiction; or
(b) donation of the property to a nonprofit charity registered with the state.
[
(22)
] 
(24)
 "Real property" means land [
and includes
]
, including
 any building, fixture,
improvement, appurtenance, structure, or other development that is affixed permanently to
land.
Section 2. Section 
24-1-103
 is amended to read:
24-1-103.
Venue.
[
(1) A state district court has jurisdiction over any action filed in accordance with this
title regarding:
]
[
(a) all interests in property if the property is within this state at the time the action is
filed; and
]
[
(b) a claimant's interests in the property, if the claimant is subject to the personal
jurisdiction of the district court.
]
[
(2) (a)
] 
(1)
 In addition to the venue provided for under Title 78B, Chapter 3, Part 3,
Place of Trial -- Venue, or any other provisions of law, a proceeding [
for forfeiture
] under this
title may be maintained in the judicial district in which:
(a) the property is seized;
[
(i)
] 
(b)
 any part of the property is found; or
[
(ii)
] 
(c)
 a civil or criminal action could be maintained against a claimant for the
[
conduct alleged to constitute grounds for forfeiture
] 
offense subjecting the property to
forfeiture under this title 
.
[
(b)
] 
(2)
 A claimant may obtain a change of venue under Section 
78B-3-309
.
Section 3. Section 
24-2-102
 is amended to read:
24-2-102.
Grounds for seizing property.
[
(1) Property may be seized by a peace officer or any other person authorized by law
upon process issued by a court having jurisdiction over the property in accordance with the
Utah Rules of Criminal Procedure relating to search warrants or administrative warrants.
]
(1) A peace officer may seize property and contraband upon a search warrant or
administrative warrant that is issued in accordance with the Utah Rules of Criminal Procedure.
(2) [
Property may be seized
] 
A peace officer may seize property and contraband
 under
this chapter when:
(a) the seizure is incident to an arrest;
(b) the property seized is the subject of a prior judgment in favor of the state in a
criminal injunction or forfeiture proceeding under this title; or
(c) the peace officer [
or other person authorized by law
] has probable cause to believe
that the property:
(i) is directly or indirectly dangerous to health or safety;
(ii) is evidence of [
a crime
] 
an offense
;
(iii) has been used or was intended to be used to commit [
a crime
] 
an offense
; or
(iv) is proceeds of [
a crime
] 
an offense
.
Section 4. Section 
24-2-102.5
 is enacted to read:
 24-2-102.5.
Seizure of contraband.
If a peace officer seizes contraband, a person may not assert an ownership interest in the
contraband under this title.
Section 5. Section 
24-2-103
 is amended to read:
24-2-103.
Property seized by a peace officer.
(1) To disclaim an ownership interest in property at the time of seizure, an individual's
disclaimer of the property shall be knowing and voluntary.
[
(1) (a) When
] 
(2) If
 property is seized [
by a peace officer
], the peace officer or the
peace
 officer's employing agency shall provide a receipt to the person from [
whom
] 
which
 the
property [
was
] 
is
 seized.
[
(b)
] 
(3)
 The receipt shall describe the:
[
(i)
] 
(a)
 property seized;
[
(ii)
] 
(b)
 date of seizure; and
[
(iii)
] 
(c)
 name and contact information of the 
peace
 officer's employing agency.
[
(c)
] 
(4)
 In addition to the receipt, [
the person from whom the property was seized shall
be provided with information regarding the forfeiture process, including:
] 
the peace officer or
agency shall provide the person with:
(a) information on:
(i) the time periods for the forfeiture of property; and
(ii) what happens to property upon a conviction or acquittal of the offense subjecting
the property to seizure; and
(b) a web link or referral to the self-help webpage of the Utah Courts' website for
resources that may assist the person in making a claim for the return of seized property.
[
(i) important time periods in the forfeiture process;
]
[
(ii) what happens to the property upon conviction or acquittal; and
]
[
(iii) how to make a claim for the return of the property.
]
[
(d) A copy of the receipt shall be maintained by the agency.
]
(5) The agency shall maintain a copy of the receipt provided in accordance with
Subsection (2).
[
(e)
] 
(6)
 If custody of the property is transferred to another agency, [
a copy of the
receipt under Subsection (1)(a) shall be provided with the property
] 
the transferring agency
shall provide the other agency a copy of the receipt under Subsection (2) and the name of the
person from which the property was seized
.
[
(2) The agency responsible for maintaining the property shall:
]
[
(a) hold all seized property in safe custody until it can be disposed of as provided in
this title; and
]
[
(b) maintain a record of the property that includes:
]
[
(i) a detailed inventory of all property seized;
]
[
(ii) the name of the person from whom it was seized; and
]
[
(iii) the agency's case number.
]
[
(3) Property seized under this title is not recoverable by replevin, but is considered in
the agency's custody subject only to the orders of the court or the official having jurisdiction.
]
[
(4) All controlled substances or other contraband that is seized by a peace officer may
be processed for evidentiary or investigative purposes, including sampling or other preservation
procedure prior to disposal or destruction.
]
[
(5) (a) An agency shall deposit property in the form of cash or other readily negotiable
instruments 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) Each agency shall have written policies for the identification, tracking,
management, and safekeeping of seized property, which shall include a prohibition against the
transfer, sale, or auction of seized property to any employee of the agency.
]
[
(6) If a peace officer or the officer's employing agency records an interview of a minor
child during an investigation of a violation of Section 
76-5-402.1
, 
76-5-402.3
, 
76-5-403.1
, or
76-5-404.1
, the agency shall retain a copy of the recording for 18 years following the date of
the last recording unless the prosecuting attorney requests in writing that the recording be
retained for an additional period of time.
]
[
(7) Title 13, Chapter 32a, Pawnshop and Secondhand Merchandise Transaction
Information Act, governs the disposition of property held by a pawn or secondhand business in
the course of its business.
]
Section 6. Section 
24-2-104
 is enacted to read:
 24-2-104.
Custody of seized property and contraband.
(1) If a peace officer seizes property or contraband under Section 
24-2-102
, the
property and contraband:
(a) is not recoverable by replevin; and
(b) is considered in the custody of the agency that employed the peace officer.
(2) An agency with custody of seized property shall:
(a) hold the property in safe custody until the property is released or disposed of in
accordance with this title; and
(b) maintain a record of the property, including:
(i) a detailed inventory of all property seized;
(ii) the name of the person from whom the property was seized; and
(iii) the agency's case number.
(3) An agency may process property or contraband that is seized by a peace officer for
evidentiary or investigative purposes, including sampling or other preservation procedure,
before disposal or destruction.
(4) (a) Except as provided in Subsection (4)(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 under Section 
24-2-102
, 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 (4)(a) if the property needs to maintain the form in which the property
was seized for evidentiary purposes or other good cause.
(c) An agency shall:
(i) have written policies for the identification, tracking, management, and safekeeping
of seized property; and
(ii) shall have a written policy that prohibits the transfer, sale, or auction of seized
property to an employee of the agency.
Section 7. Section 
24-2-105
, which is renumbered from Section 24-4-114 is
renumbered and amended to read:
[
24-4-114
].
 24-2-105.
Transfer and sharing procedures.
[
(1) (a) Seizing agencies or prosecuting attorneys authorized to bring forfeiture
proceedings under this chapter may not directly or indirectly transfer property held for
forfeiture and not already named in a criminal indictment to any federal agency or any
governmental entity not created under and subject to state law unless the court enters an order,
upon petition of the prosecuting attorney, authorizing the property to be transferred.
]
[
(b) The court may not enter an order authorizing a transfer under Subsection (1)(a)
unless:
]
[
(i) the conduct giving rise to the investigation or seizure is interstate in nature and
sufficiently complex to justify the transfer;
]
[
(ii) the property may only be forfeited under federal law; or
]
[
(iii) pursuing forfeiture under state law would unreasonably burden prosecuting
attorneys or state law enforcement agencies.
]
[
(c) A petition to transfer property to a federal agency under this section shall include:
]
[
(i) a detailed description of the property seized;
]
[
(ii) the location where the property was seized;
]
[
(iii) the date the property was seized;
]
[
(iv) the case number assigned by the seizing law enforcement agency; and
]
[
(v) a declaration that:
]
[
(A) states the basis for relinquishing jurisdiction to a federal agency;
]
[
(B) contains the names and addresses of any claimants then known; and
]
[
(C) is signed by the prosecutor.
]
[
(d) The court may not authorize the transfer of property to the federal government if
the transfer would circumvent the protections of the Utah Constitution or of this chapter that
would otherwise be available to the property owner.
]
(1) Except as provided in Subsections (3)(a), (b), and (c), upon the seizure of property
by a peace officer under this title, the property is subject to the exclusive jurisdiction of a
district court of this state.
(2) Except as provided in Subsection (3), a peace officer, agency, or prosecuting
attorney may not directly or indirectly transfer or release property seized under this title to a
federal agency or to a governmental entity not created or subject to the laws of this state.
(3) An agency or prosecuting attorney may transfer or release seized property to a
federal agency or to a governmental entity not created or subject to the laws of this state if:
(a) (i) the property is cash or another readily negotiable instrument; and
(ii) the property is evidence in, or subject to, a federal criminal indictment, a federal
criminal information, or a federal criminal complaint that is filed before the property is seized;
(b) (i) the property is not cash or another readily negotiable instrument; and
(ii) the property is evidence in, or subject to, a federal criminal indictment, a federal
criminal information, or a federal criminal complaint that is filed before the day on which the
agency with custody of the property is required to return the property if no criminal or civil
action is filed by the prosecuting attorney or a federal prosecutor in accordance with Section
24-4-103.5
;
(c) (i) the property was used in the commission of an offense in another state; and
(ii) an agency of that state requests the transfer of the property before the day on which
the agency with custody of the property is required to return the property if no criminal or civil
action is filed by the prosecuting attorney or a federal prosecutor in accordance with Section
24-4-103.5
; or
(d) a district court authorizes, in accordance with Subsection (5), the transfer or release
of the property to an agency of another state or a federal agency upon a petition by a
prosecuting attorney or a federal prosecutor.
(4) (a) A prosecuting attorney, or a federal prosecutor, may file a petition in the district
court for the transfer or release of seized property.
(b) If a prosecuting attorney, or a federal prosecutor, files a petition under Subsection
(4)(a), the petition shall include:
(i) a detailed description of the property seized;
(ii) the location where the property was seized;
(iii) the date the property was seized;
(iv) the case number assigned by the agency; and
(v) a declaration that:
(A) states the basis for relinquishing jurisdiction to a federal agency or an agency of
another state;
(B) contains the names and addresses of any known claimant; and
(C) is signed by the prosecuting attorney or federal prosecutor.
(5) A district court may not authorize the transfer or release of seized property under
Subsection (3)(d), unless the district court finds, by a preponderance of the evidence:
(a) the property is evidence in, or subject to, a federal criminal indictment, a federal
criminal information, or a federal criminal complaint after the property is seized;
(b) the property may only be forfeited under federal law;
(c) forfeiting the property under state law would unreasonably burden the prosecuting
attorney or agency; or
(d) the property was subject to a federal criminal investigation before the property was
seized.
[
(e) (i) Prior to granting any order to transfer pursuant to this section, the court shall
give any
]
(6) (a) Before a district court may order the transfer of seized property in accordance
with this section, the court, the prosecuting attorney, or the federal prosecutor shall mail a
notice to:
(i) each address contained in the declaration under Subsection (4)(b)(v) to give a
claimant the right to be heard with regard to the transfer [
by the mailing of a notice to each
address contained in the declaration.
]
; and
(ii)(A) if a federal prosecutor files the petition under Subsection (4), the prosecuting
attorney that is representing the agency with custody of the property; or
(B) if a prosecuting attorney files the petition under Subsection (4), the federal
prosecutor who will receive the property upon the transfer or release of the property.
[
(ii) If no claimant objects to the petition to transfer property within 10 days of the
mailing of the notice,
]
(b) If a claimant, or the party under Subsection (6)(a)(i), does not object to the petition
to transfer the property within 10 days after the day on which the notice is mailed,
 the court
shall issue [
its
] 
the court's
 order [
under
] 
in accordance with
 this section.
[
(iii)
] 
(c)
 If the declaration does not include an address for a claimant, the court shall
delay [
its
] 
the court's
 order under this section for 20 days to allow time for the claimant to
appear and make an objection.
[
(f)
] 
(d)
 (i) If a claimant
, or a party under Subsection (6)(a)(i),
 contests a petition to
transfer 
the
 property to a federal agency 
or to another governmental entity not created or
subject to the laws of this state
, the 
district
 court shall promptly set the matter for hearing.
[
(ii) (A) The court shall determine whether the state may relinquish jurisdiction by a
standard of preponderance of the evidence.
]
[
(B)
] 
(ii)
 In making [
the
] 
a
 determination 
under Subsection (5)
, the 
district
 court shall
consider evidence regarding hardship, complexity, judicial and law enforcement resources,
protections afforded under state and federal law, pending state or federal investigations,
 and
any other 
relevant
 matter [
the court determines to be relevant
].
[
(2) All property, money, or other things of value received by an agency pursuant to
federal law, which authorizes the sharing or transfer of all or a portion of forfeited property or
the proceeds of the sale of forfeited property to an agency:
]
(7) If an agency receives property, money, or other things of value under a federal law
that authorizes the sharing or transfer of all or a portion of forfeited property, or the proceeds
from the sale of forfeited property, the agency:
(a) shall [
be used
] 
use the property, money, or other things of value
 in compliance with
federal laws and regulations relating to equitable sharing;
(b) may [
be used for those law enforcement purposes specified
] 
use the property,
money, or other things of value for a law enforcement purpose described
 in Subsection
24-4-117
[
(9)
]
(10)
; and
(c) may not [
be used for those law enforcement purposes
] 
use the property, money, or
other thing of value for a law enforcement purpose
 prohibited in Subsection
24-4-117
[
(10)
]
(11)
.
[
(3)
] 
(8)
 [
A state or local law enforcement
] 
An
 agency awarded [
any
] 
an
 equitable
share of property forfeited by the federal government may [
only
] use the award money 
only
after approval of the use by the agency's legislative body.
(9) If a district court exercises exclusive control over seized property, the district
court's exclusive control is terminated if the property is released by the agency with custody of
the property to:
(a) a claimant under Subsection 
24-2-107
(1)(a), Section 
24-3-104
, or Section
24-4-103.5
;
(b) a rightful owner under Section 
24-3-103
; or
(c) an innocent owner under Section 
24-2-108
.
Section 8. Section 
24-2-106
, which is renumbered from Section 24-3-102 is
renumbered and amended to read:
[
24-3-102
].
 24-2-106.
Retention of property.
(1) [
When property is received in evidence by the court
] 
If seized property is admitted
into evidence during a court proceeding
, the clerk of the court shall
:
(a)
 retain the property
;
 or [
the clerk shall
]
(b)
 return the property to the custody [
of the peace officer or the agency employing the
peace officer
] 
of the agency
.
[
(2) The property shall be retained by the clerk or the officer or the officer's agency
]
(2) (a) The agency shall retain seized or forfeited property:
(i) at the discretion of the prosecuting attorney; or
(ii)
 until all direct appeals and retrials are final[
, at which time the property shall be
disposed of in accordance with this title
].
(3) If the prosecuting attorney [
considers it necessary
] 
decides
 to retain control over the
[
evidence
] 
seized or forfeited property under Subsection (2)(a)
 in anticipation of possible
collateral attacks upon the judgment or for use in a potential prosecution, the [
prosecutor
]
prosecuting attorney
 may decline to authorize the disposal of the property [
under this chapter
].
Section 9. Section 
24-2-107
 is enacted to read:
 24-2-107.
Release of seized property to a claimant -- Release by surety bond or
cash - Release for hardship.
(1) (a) An agency with custody of seized property or the prosecuting attorney may
release the property to a claimant if the agency or the prosecuting attorney:
(i) determines that retention of the property is unnecessary; or
(ii) seeks to return the property to the claimant because the agency or prosecuting
attorney determines that the claimant is an innocent owner.
(b) An agency with custody of the seized property, or the prosecuting attorney, shall
release the property to a claimant if:
(i) the claimant posts a surety bond or cash with the court in accordance with
Subsection (2);
(ii) the court orders the release of property for hardship purposes under Subsection (3);
(iii) a claimant establishes that the claimant is an innocent owner under Section
24-2-107
; or
(iv) the court orders property retained as evidence to be released to a rightful owner
under Section 
24-3-104
.
(2) (a) Except as provided in Subsection (2)(b), a claimant may obtain release 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.
(b) A court may refuse to order the release under Subsection (2)(a) of:
(i) the property if:
(A) the bond tendered is inadequate;
(B) the property is retained as evidence; or
(C) the property is particularly altered or designed for use in the commission of the
offense subjecting the property to forfeiture; or
(ii) contraband.
(c) 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.
(3) A claimant is entitled to the immediate release of seized property for which the
agency has filed a notice of intent to forfeit under Section 
24-4-103
 if:
(a) the claimant had a possessory interest in the property at the time of seizure;
(b) continued possession by the agency pending a forfeiture proceeding will cause
substantial hardship to the claimant, including:
(i) preventing the functioning of a legitimate business;
(ii) preventing any individual from working;
(iii) preventing any child from attending elementary or secondary school;
(iv) preventing or hindering an individual from receiving necessary medical care;
(v) preventing the care of a dependent child or adult who is elderly or disabled;
(vi) leaving an individual homeless; or
(vii) any other condition that the court determines causes a substantial hardship;
(c) the hardship from the continued possession of the property by the agency outweighs
the risk that the property will be destroyed, damaged, lost, concealed, or transferred if the
property is returned to the claimant during the pendency of the proceeding; and
(d) the determination of substantial hardship under this Subsection (3) is based upon
the property's use before the seizure.
(4) A claimant may file a motion or petition for hardship release under Subsection (3):
(a) in the court in which forfeiture proceedings have commenced; or
(b) in a district court where there is venue if a forfeiture proceeding has not yet
commenced.
(5) The motion or petition for hardship release shall be served upon the agency with
custody of the property within five days after the day on which the motion or petition is filed.
(6) The court shall:
(a) schedule a hearing on the motion or petition within 14 days after the day on which
the motion or petition is filed; and
(b) render a decision on a motion or petition for hardship filed under this section no
later than 20 days after the day of the hearing, unless this period is extended by the agreement
of both parties or by the court for good cause shown.
(7) (a) If the claimant demonstrates substantial hardship under Subsection (3), the court
shall order the property immediately released to the claimant pending completion of any
forfeiture proceeding.
(b) The court may place conditions on release of the property as the court finds
necessary and appropriate to preserve the availability of the property or the property's
equivalent for forfeiture.
(8) The hardship release under this section does not apply to:
(a) contraband; or
(b) property that is likely to be used to commit additional offenses if returned to the
claimant.
Section 10. Section 
24-2-108
 is enacted to read:
 24-2-108.
Innocent owners.
(1) (a) A claimant alleged to be an innocent owner may recover possession of seized
property by:
(i) submitting a written request with the seizing agency before the later of:
(A) the commencement of a civil asset forfeiture proceeding; or
(B) 30 days after the day on which the property was seized; and
(ii) providing the seizing agency with:
(A) evidence that establishes proof of ownership; and
(B) a brief description of the date, time, and place that the claimant mislaid or
relinquished possession of the seized property, or any evidence that the claimant is an innocent
owner.
(b) If a seizing agency receives a claim under Subsection (1)(a), the seizing agency
shall issue a written response to the claimant within 30 days after the day on which the seizing
agency receives the claim.
(c) A response under Subsection (1)(b) from the seizing agency shall indicate whether
the claim has been granted, denied on the merits, or denied for failure to provide the
information required by Subsection (1)(a)(ii).
(d) (i) If a seizing agency denies a claim for failure to provide the information required
by Subsection (1)(a)(ii), the claimant has 15 days after the day on which the claim is denied to
submit additional information.
(ii) If a prosecuting attorney has not filed a civil action seeking to forfeit the property
and a seizing agency has denied a claim for failure to provide the information required by
Subsection (1)(a)(ii), the prosecuting attorney may not commence a civil action until:
(A) the claimant has submitted information under Subsection (1)(d)(i); or
(B) the deadline for the claimant to submit information under Subsection (1)(d)(i) has
passed.
(e) If a seizing agency fails to issue a written response within 30 days after the day on
which the seizing agency receives the response, the seizing agency shall return the property.
(2) If a claim under Subsection (1)(a) is granted, or the property is returned because the
seizing agency fails to respond within 30 days, a claimant may not receive any expenses, costs,
or attorney fees for the returned property.
(3) A claimant may collect reasonable attorney fees and court costs if:
(a) a claimant filed a claim under Subsection (1)(a);
(b) the seizing agency denies the claim on the merits; and
(c) a court determines that the claimant is an innocent owner in a civil asset forfeiture
proceeding.
(4) If a court grants reasonable attorney fees and court costs, the amount of the attorney
fees begins to accrue from the day on which the seizing agency denied the claim.
(5) If the court grants reasonable attorney fees and court costs under Subsection (3), the
attorney fees and court costs are not subject to the 50% cap under Subsection 
24-4-110
(2).
(6) A communication between parties regarding a claim submitted under Subsection
(3) and any evidence provided to the parties in connection with a claim is subject to the Utah
Rules of Evidence, Rules 408 and 410.
(7) An agency and the prosecuting attorney may not forfeit the seized property of an
innocent owner.
Section 11. Section 
24-3-101
 is amended to read:
CHAPTER 3. DISPOSAL OF PROPERTY
24-3-101.
Title.
This chapter is known as [
"Property Held as Evidence."
] 
"Disposal of Property."
Section 12. Section 
24-3-101.5
 is enacted to read:
 24-3-101.5.
Application of this chapter.
The provisions of this chapter do not apply to property for which an agency has filed a
notice of intent to seek forfeiture under Section 
23-4-103
.
Section 13. Section 
24-3-103
 is amended to read:
24-3-103.
Disposition of property.
(1) [
When the
] 
If a
 prosecuting attorney determines that 
seized
 property no longer
needs to be [
held as evidence
] 
retained for court proceedings
, the prosecuting attorney may:
(a) petition the court to apply [
any
] 
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 any weapons to the
[
seizing
] agency 
with custody
 for the agency's use and disposal in accordance with [
applicable
law 
] 
Section 
24-3-103.5
, if the owner:
(i) is the [
person
] 
individual
 who committed the [
crime
] 
offense
 for which the weapon
was seized; or
(ii) may not lawfully possess the weapon; or
(c) notify the agency [
that has possession
] 
with custody
 of the property [
that the
property may be:
] 
or contraband that:
(i) 
the property may be
 returned to the rightful owner[
,
] if the rightful owner may
lawfully possess [
it
] 
the property
; or
(ii) 
the contraband may be
 disposed of or destroyed[
, if the property is contraband
].
(2) The agency shall exercise due diligence in attempting to notify the rightful owner of
the property to advise the owner that the property is to be returned.
(3) 
(a)
 For a computer determined to be contraband, a court may order the reasonable
extraction and return of specifically described personal digital data to the rightful owner.
(b)
 The law enforcement agency shall determine a reasonable cost to [
provide
] 
extract
the data[
, which shall be paid by the owner at the time of the request to extract the data
].
(c) At the time of the request to extract the data, the owner of the computer shall pay
the agency the cost to extract the data.
(4) (a) Before [
the
] 
an
 agency may release 
seized
 property to a person claiming
ownership of the property, the person shall establish in accordance with Subsection (4)(b) that
the person:
(i) is the rightful owner; and
(ii) may lawfully possess the property.
(b) The person shall establish ownership under Subsection (4)(a) by providing to the
agency:
(i) identifying proof or documentation of ownership of the property; or
(ii) a notarized statement[
,
] if proof or documentation is not available.
(5) (a) When 
seized
 property is returned to the owner, 
the owner shall sign
 a receipt
listing in detail the property 
that is
 returned [
shall be signed by the owner
].
[
(b) The receipt shall be retained by the agency and a copy shall be provided to the
owner.
]
(b) The agency shall:
(i) retain a copy of the receipt; and
(ii) provide a copy of the receipt to the owner.
(6) (a) Except as provided in Subsection (6)(b), if the agency is unable to locate the
rightful owner of the property or [
if
] the rightful 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 (6)(a) is a firearm, the agency shall dispose
of the firearm in accordance with Section 
24-3-103.5
. 
(7) 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 [
its
] 
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.
(8) 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.
Section 14. Section 
24-3-104
 is amended to read:
24-3-104.
Petition to return property.
(1) (a) A [
person claiming ownership of property held as evidence
] 
claimant
 may file a
petition with the court for the return of the property 
that is being retained as evidence
.
[
(b) The petition may be filed in:
]
(b) The claimant may file the petition in:
(i) the court in which criminal proceedings have commenced regarding the [
conduct
]
offense
 for which the property is [
held as
] 
being retained as
 evidence; or
(ii) the district court [
of the jurisdiction where the property was seized,
] 
with venue
under Section 
24-1-103
 if there are no pending criminal proceedings.
(c) [
A copy of the petition shall be served
] 
A claimant shall serve a copy of the petition
on the prosecuting attorney and the agency [
which has possession
] 
with custody
 of the
property.
(2) 
(a)
 The court shall provide an opportunity for an expedited hearing.
(b)
 After the opportunity for an expedited hearing, the court may order that the property
[
be
] 
is
:
[
(a)
] 
(i)
 returned to the rightful owner as determined by the court;
[
(b)
] 
(ii) if the offense subjecting the property to seizure results in a conviction,
 applied
directly or by proceeds of the sale of the property toward restitution, fines, or fees owed by the
rightful owner in an amount set by the court;
[
(c)
] 
(iii)
 converted to a public interest use;
[
(d)
] 
(iv)
 held for further legal action;
[
(e)
] 
(v)
 sold at public auction and the proceeds of the sale applied to a public interest
use; or
[
(f)
] 
(vi)
 destroyed.
(3) Before the court can order property be returned to a [
person claiming ownership of
property, the person
] 
claimant, the claimant
 shall establish
,
 by clear and convincing evidence
,
that the [
person
] 
claimant
:
(a) is the rightful owner; and
(b) may lawfully possess the property.
(4) If the court orders the property to be returned 
to the claimant
, the agency [
that
possesses
] 
with custody of
 the property shall return the property to the claimant as
expeditiously as possible.
Section 15. Section 
24-4-101
 is amended to read:
CHAPTER 4. FORFEITURE OF SEIZED PROPERTY
24-4-101.
Title.
This chapter is known as [
"Property Held for Forfeiture."
] 
"Forfeiture of Seized
Property."
Section 16. Section 
24-4-102
 is amended to read:
24-4-102.
Property subject to forfeiture.
[
(1) Except as provided in Subsection (3), property that has been used to facilitate the
commission of a federal or state criminal offense and any proceeds of criminal activity may be
forfeited under this chapter, including:
]
[
(a) real property, including things growing on, affixed to, and found in land; and
]
[
(b) tangible and intangible personal property, including money, rights, privileges,
interests, claims, and securities of any kind.
]
(1) Except as provided in Subsection (2), (3), or (4), an agency may seek to forfeit:
(a) seized property that was used to facilitate the commission of an offense that is a
violation of federal or state law; and
(b) seized proceeds.
(2) If [
the
] 
seized
 property is used to facilitate [
a
] 
an offense that is a
 violation of
Section 
76-10-1204
, 
76-10-1205
, 
76-10-1206
, or 
76-10-1222
, [
the property subject to
forfeiture under this section is limited to property, the seizure or forfeiture of which would not
]
an agency may not forfeit the property if the forfeiture would
 constitute a prior restraint on the
exercise of an affected party's rights under the First Amendment to the Constitution of the
United States or Utah Constitution, Article I, Section 15, or would [
not
] otherwise unlawfully
interfere with the exercise of [
those
] 
the party's
 rights 
under the First Amendment to the
Constitution of the United States or Utah Constitution, Article I, Section 15
.
(3) [
A
] 
If a
 motor vehicle 
is
 used in [
a
] 
an offense that is a
 violation of Section
41-6a-502
, 
41-6a-517
, a local ordinance that complies with the requirements of Subsection
41-6a-510
(1), Subsection 
58-37-8
(2)(g), or Section 
76-5-207
 [
may not be forfeited unless
]
, an
agency may not seek forfeiture of the motor vehicle, unless
:
(a) the operator of the vehicle has previously been convicted of [
a violation,
] 
an
offense
 committed after May 12, 2009, [
of
] 
that is
:
(i) a felony driving under the influence violation under Section 
41-6a-502
;
(ii) a felony violation under Subsection 
58-37-8
(2)(g); or
(iii) automobile homicide under Section 
76-5-207
; or
(b) the operator of the vehicle was driving on a denied, suspended, revoked, or
disqualified license[
;
] and
:
(i) the denial, suspension, revocation, or disqualification under Subsection (3)(b)(ii)
was imposed because of a violation under:
(A) Section 
41-6a-502
;
(B) Section 
41-6a-517
;
(C) a local ordinance that complies with the requirements of Subsection 
41-6a-510
(1);
(D) Section 
41-6a-520
;
(E) Subsection 
58-37-8
(2)(g);
(F) Section 
76-5-207
; or
(G) a criminal prohibition [
that the person was charged with violating
] as a result of a
plea bargain after having been originally charged with violating one or more of the sections or
ordinances described in Subsections (3)(b)(i)(A) through (F); or
(ii) the denial, suspension, revocation, or disqualification described in Subsections
(3)(b)(i)(A) through (G):
(A) is an extension imposed under Subsection 
53-3-220
(2) of a denial, suspension,
revocation, or disqualification; and
(B) the original denial, suspension, revocation, or disqualification was imposed
because of a violation described in Subsections (3)(b)(i)(A) through (G).
(4) If a peace officer seizes property incident to an arrest solely for possession of a
controlled substance under Subsection 
58-37-8
(2)(a)(i) but not Subsection 
53-37-8
(2)(b)(i), an
agency may not seek to forfeit the property that was seized in accordance with the arrest.
Section 17. Section 
24-4-103
 is amended to read:
24-4-103.
Initiating forfeiture proceedings -- Notice of intent to seek forfeiture.
[
(1) (a) Within 30 days from the date that property is seized, an agency seeking to
forfeit property shall serve a notice of intent to seek forfeiture upon any claimants known to the
agency.
]
(1) (a) If an agency seeks to forfeit property seized under this title, the agency shall
serve a notice of intent to seek forfeiture to any known claimant within 30 days after the day on
which the property is seized.
(b) The notice of intent to seek forfeiture shall describe [
the
]:
(i) 
the
 date of the seizure;
(ii) 
the
 property seized;
(iii) 
the
 claimant's rights and obligations under this chapter, including the availability
of hardship relief in appropriate circumstances; and
(iv) 
the
 statutory basis for the forfeiture, including the judicial proceedings by which
the
 property may be forfeited under this chapter.
[
(c) The notice of intent to seek forfeiture shall be served by:
]
(c) The agency shall serve the notice of intent to seek forfeiture by:
(i) certified mail, 
with a
 return receipt requested, to the claimant's known address; or
(ii) personal service.
(d) [
The
] 
A
 court may void [
any
] 
a
 forfeiture made without notice under Subsection
(1)(a), unless the agency demonstrates:
(i) good cause for the failure to give notice to the claimant; or
(ii) that the claimant had actual notice of the seizure.
[
(2) (a) Once the agency has served each claimant with a notice of intent to seek
forfeiture, but no later than 60 days from the date that property is seized, the agency shall
present a written request for forfeiture to the prosecuting attorney.
]
(2) If an agency sends a notice of intent to forfeit seized property under Subsection
24-4-103
(1), an individual or entity may not alienate, convey, sequester, or attach the property
until a court:
(a) issues a final order to dismiss an action under this title; or
(b) orders the forfeiture of the property.
(3) (a) (i) If an agency has served each claimant with a notice of intent to seek
forfeiture, the agency shall present a written request for forfeiture to the prosecuting attorney of
the municipality or county where the property is seized.
(ii) The agency shall provide the request under Subsection (3)(a)(i) no later than 45
days after the day on which the property is seized.
(b) The written request 
described in Subsection (3)(a)
 shall:
(i) describe the property [
to be forfeited
] 
that the agency is seeking to forfeit
; and
(ii) include a copy of all reports, supporting documents, and other evidence 
that is
necessary for the prosecuting attorney to determine the legal sufficiency for filing a forfeiture
action.
(c) The prosecuting attorney shall:
(i) review the written request described in Subsection (3)(a)(i); and
(ii) within 75 days after the day on which the property is seized, decline or accept, in
writing, the agency's written request for the prosecuting attorney to initiate a proceeding to
forfeit the property.
Section 18. Section 
24-4-103.3
 is enacted to read:
 24-4-103.3.
Sale of seized property.
(1) (a) Subject to Subsection (2), the court may order seized property, for which a
forfeiture proceeding is pending, to:
(i) be sold, leased, rented, or operated to satisfy a specified interest of any claimant; or
(ii) preserve the interests of any party on motion of that party.
(b) The court may enter an order under Subsection (1)(a) after:
(i) written notice to any person known to have an interest in the property has been
given; and
(ii) an opportunity for a hearing for any person known to have an interest in the
property has occurred.
(2) (a) A court may order a sale of property under Subsection (1) when:
(i) the property is liable to perish, waste, or be significantly reduced in value; or
(ii) the expenses of maintaining the property are disproportionate to the property's
value.
(b) A third party designated by the court shall:
(i) dispose of the property by a commercially reasonable public sale; and
(ii) distribute the proceeds in the following order of priority:
(A) first, for the payment of reasonable expenses incurred in connection with the sale;
(B) second, for the satisfaction of an interest, including an interest of an interest holder,
in the order of an interest holder's priority as determined by Title 70A, Uniform Commercial
Code; and
(C) third, any balance of the proceeds shall be preserved in the actual or constructive
custody of the court, in an interest-bearing account, subject to further proceedings under this
chapter.
Section 19. Section 
24-4-103.5
 is enacted to read:
 24-4-103.5.
Mandatory return of seized property.
(1) An agency shall promptly return property seized under this title, 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 
24-4-105
(3);
(ii) files a petition to transfer the property to another agency in accordance with Section
24-2-105
;
(iii) files a civil forfeiture complaint under Section 
24-4-104
; or
(b) the prosecuting attorney or a federal prosecutor obtains a restraining order under
Subsection 
24-4-105
(4).
(2) (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 
24-2-108
 and the
claimant has an extension to provide additional information on the claim under Subsection
24-2-108
(1)(d), the deadline under Subsection (1) may be extended by 15 days.
Section 20. Section 
24-4-104
 is amended to read:
24-4-104.
Civil forfeiture procedure.
[
(1) (a) The law enforcement agency shall promptly return seized property, and the
prosecuting attorney may take no further action to effect the forfeiture of the property, unless
within 75 days after the property is seized the prosecuting attorney:
]
[
(i) files a criminal indictment or information under Subsection 
24-4-105
(2);
]
[
(ii) obtains a restraining order under Subsection 
24-4-105
(3);
]
[
(iii) files a petition under Subsection 
24-4-114
(1); or
]
[
(iv) files a civil forfeiture complaint.
]
(1) (a) A prosecuting attorney may commence a civil action to forfeit seized property
by filing a complaint.
(b) [
A complaint for civil forfeiture
] 
The complaint under Subsection (1)(a)
 shall
describe with reasonable particularity [
the
]:
(i) 
the
 property that [
is the subject of the forfeiture proceeding
] 
the agency is seeking to
forfeit
;
(ii) 
the
 date and place of seizure; and
(iii) 
the
 factual allegations that constitute a basis for forfeiture.
(2) (a) After a complaint is filed, the prosecuting attorney shall serve a copy of the
complaint and summons upon each claimant known to the prosecuting attorney within 30 days
after the day on which the complaint is filed
.
(b) The prosecuting attorney is not required to serve a copy of the complaint or the
summons upon [
any
] 
a
 claimant [
who
] 
which
 has disclaimed, in writing, an ownership interest
in the seized property.
(c) Service of the complaint and summons shall be by:
(i) personal service;
(ii) certified mail, 
with a
 return receipt requested, to the claimant's known address; or
(iii) service by publication, if the prosecuting attorney demonstrates to the court that
service cannot reasonably be made by personal service or certified mail.
(d) Service by publication shall be by publication of two notices, in two successive
weeks, of the forfeiture proceeding:
(i) in a newspaper of general circulation in the county in which the seizure occurred;
and
(ii) on Utah's Public Legal Notice Website established in Subsection 
45-1-101
(2)(b).
(e) Service is effective upon the earlier of:
(i) personal service;
[
(ii) mailing of a written notice; or
]
(ii) certified mail; or
(iii) publication 
in accordance with Subsection (2)(d)
.
(f) [
Upon motion of the prosecuting attorney and a showing of good cause, the
] 
The
court may extend the period to complete service under this section for an additional 60 days[
.
]
if the prosecuting attorney:
(i) moves the court to extend the period to complete service; and
(ii) has shown good cause for extending service.
(3) (a) [
In any case where the
] 
If a
 prosecuting attorney files a complaint for forfeiture
as described in Subsection (1)
, a claimant may file an answer to the complaint.
[
(b) The answer shall be filed within 30 days after the complaint is served upon the
claimant as provided in Subsection (2)(b).
]
(b) If a claimant files an answer in accordance with Subsection (3)(a), the claimant
shall file the answer within 30 days after the day on which the complaint is served upon the
claimant.
(c) [
When the property subject to forfeiture
] 
If an agency is seeking to forfeit property
under Section 
24-4-103
 and the property
 is valued at less than $10,000, the agency [
that has
custody of the property
] shall return the property to the claimant if:
(i) (A) the prosecuting attorney has filed a forfeiture complaint, and the claimant has
filed an answer [
through an attorney or pro se
], in accordance with Subsections (3)(a) and (b);
and
(B) the prosecuting attorney has not filed an information or indictment for [
criminal
conduct giving rise to the forfeiture
] 
the offense for which the property is seized
 within 60 days
after the [
date that service of the forfeiture complaint on the claimant was completed
] 
day on
which the prosecuting attorney served the claimant with the complaint
, or 
the prosecuting
attorney
 has not timely moved a court [
of competent jurisdiction
] and demonstrated reasonable
cause for [
an extension of time to file such an
] 
extending the time to file the
 information or
indictment; or
(ii) the information or indictment for [
criminal conduct giving rise to the forfeiture
] 
the
offense for which the property was seized
 was dismissed and the prosecuting attorney has not
refiled the information or indictment within seven days [
of the dismissal
] 
after the day on
which the information or indictment was dismissed
.
(d) [
The
] 
A claimant is not entitled to any expenses, costs, or attorney fees for the
return of property to the claimant under Subsection (3)(c) [
does not include any expenses,
costs, or attorney fees
]. 
(e) 
(i)
 The time limitations in Subsection (3)(c)(i) may be extended for up to 15 days if
a claimant timely seeks to recover possession of seized property [
pursuant to Subsection
24-4-107
(8), but
] 
in accordance with Section 
24-2-108
.
(ii) If the time limitations are extended under Subsection (3)(c)(i), the time limitations
in Subsection (3)(c)(i)
 shall resume immediately upon the [
seizing
] agency's or prosecuting
attorney's timely denial of [
the
] 
a
 claim 
under Section 
24-2-108
 on the merits.
(4) Except as otherwise provided in this chapter, [
forfeiture proceedings are
] 
a civil
action for a forfeiture proceeding is
 governed by the Utah Rules of Civil Procedure.
(5) The court shall
:
(a)
 take all reasonable steps to expedite [
civil forfeiture proceedings and shall
] 
a civil
forfeiture proceeding; and
(b)
 give [
these proceedings
] 
a civil forfeiture proceeding
 the same priority as [
is given
to criminal cases
] 
a criminal case
.
[
(6) In all suits or actions brought under this section for the civil forfeiture of any
property, the burden of proof is on the prosecuting attorney to establish by clear and convincing
evidence that the claimant engaged in conduct giving rise to the forfeiture.
]
[
(7)
] 
(6)
 A claimant may file an answer to a complaint for civil forfeiture without
posting bond with respect to the property [
subject to forfeiture
] 
that the agency seeks to forfeit
.
[
(8)
] 
(7)
 [
Property is subject to forfeiture under this chapter
] 
A court shall grant an
agency's request to forfeit property
 if the prosecuting attorney establishes
, by clear and
convincing evidence,
 that:
(a) the claimant [
has engaged in conduct giving rise to forfeiture;
]
:
[
(b) the property was acquired by the claimant during that portion of the conduct that
gives rise to forfeiture, or within a reasonable time after that conduct is committed; and
]
(i) committed the offense subjecting the property to forfeiture under Subsection
24-4-102
(1);
(ii) knew of the offense subjecting the property to forfeiture under Subsection
24-4-102
(1) and allowed the property to be used in furtherance of the offense; or
(iii) acquired the property at the time of the offense subjecting the property to forfeiture
under Subsection 
24-4-102
(1), or within a reasonable time after the offense occurred; or
[
(c)
] 
(b)
 there is no likely source for the purchase or acquisition of the property other
than [
the conduct that gives rise to forfeiture
] 
the commission of the offense subjecting the
property to forfeiture under Subsection 
24-4-102
(1)
.
[
(9) A finding by the court that property is the proceeds of conduct giving rise to
forfeiture does not require proof that the property was the proceeds of any particular exchange
or transaction.
]
[
(10) If the prosecutor establishes that the property is subject to forfeiture, but the
claimant is subsequently criminally charged with the conduct giving rise to the forfeiture and is
acquitted of that charge on the merits:
]
[
(a) the property subject to the forfeiture or the open market value of the property, if
the property has been disposed of under Subsection 
24-4-108
(13), shall be returned to the
claimant; and
]
[
(b) any payments required under this chapter regarding the costs of holding the
property shall be paid to the claimant.
]
(8) If a court finds that the property is the proceeds of an offense that subjects the
proceeds to forfeiture under Subsection 
24-4-102
(1), the prosecuting attorney does not need to
prove that the property was the proceeds of a particular exchange or transaction.
(9) If a claimant is acquitted of the offense subjecting the property to forfeiture under
this section:
(a) (i) the property for which forfeiture is sought shall be returned to the claimant; or
(ii) the open market value of the property for the property for which forfeiture is sought
shall be awarded to the claimant if the property has been disposed of under Section 
24-4-103.3
;
and
(b) any payment requirement under this chapter related to the holding of property shall
be paid to the claimant.
(10) If the prosecuting attorney seeks to discontinue a forfeiture proceeding under this
section and transfer the action to another state or federal agency that has initiated a civil or
criminal proceeding involving the same property, the prosecuting attorney shall file a petition
to transfer the property in accordance with Section 
24-2-105
.
(11) A civil forfeiture action under this section may be converted to a criminal
forfeiture action at any time after a prosecuting attorney files a criminal complaint, information,
or indictment for the offense subjecting the property to forfeiture under Subsection
24-4-102
(1).
Section 21. Section 
24-4-105
 is amended to read:
24-4-105.
Criminal forfeiture procedure.
(1) As used in this section, "defendant" means a claimant who is criminally prosecuted
for the offense subjecting the property to forfeiture under Subsection 
24-4-102
(1).
[
(1)
] 
(2)
 [
If a claimant is criminally prosecuted for conduct giving rise to the forfeiture,
the
] 
A
 prosecuting attorney may [
elect to
] seek forfeiture of [
the claimant's
] 
the defendant's
interest in [
the property
] 
seized property
 through the criminal case.
[
(2)
] 
(3)
 If the prosecuting attorney [
elects to seek
] 
seeks
 forfeiture of [
the claimant's
] 
a
defendant's
 interest in [
the property
] 
seized property
 through the criminal case, [
the information
or indictment shall state that the claimant's interest in the property is subject to forfeiture and
the basis for the forfeiture
] 
the prosecuting attorney shall state in the information or indictment
the grounds for which the agency seeks to forfeit the property
.
[
(3) (a) Upon application of the prosecuting attorney, the court may enter restraining
orders or injunctions, or take other reasonable actions to preserve for forfeiture under this
section, any property subject to forfeiture if, after notice to known claimants and claimants who
can be identified after due diligence and who are known to have an interest in the property, and
after affording those persons an opportunity for a hearing, the court determines that:
]
(4) (a) (i) A court may enter a restraining order or injunction or take any other
reasonable action to preserve property being forfeited under this section.
(ii) Before a court's decision under Subsection (4)(a)(i), a known claimant, who can be
identified after due diligence, shall be:
(A) provided notice; and
(B) given an opportunity for a hearing.
(iii) A court shall grant an order under Subsection (4)(a)(i) if:
[
(i)
] 
(A)
 there is a substantial probability that the state will prevail on the issue of
forfeiture and that failure to enter the order will result in the property being sold, transferred,
destroyed, or removed from the jurisdiction of the court or otherwise made unavailable for
forfeiture; and
[
(ii)
] 
(B)
 the need to preserve the availability of the property or prevent [
its
] 
the
property's
 sale, transfer, destruction, or removal through the entry of the requested order
outweighs the hardship against [
any party
] 
a claimant
 against [
whom
] 
which
 the order is to be
entered.
(b) A [
temporary restraining order may be entered
] 
court may enter a temporary
restraining order
 ex parte upon application of the prosecuting attorney 
or a federal prosecutor
before or after an information or indictment has been filed
,
 with respect to the property, if the
prosecuting attorney 
or federal prosecutor
 demonstrates that:
(i) there is probable cause to believe that the property with respect to which the order is
sought would, in the event of a conviction, be [
subject to forfeiture
] 
forfeited
 under this
section; and
(ii) [
provision of notice
] 
providing notice to a claimant
 would jeopardize the
availability of the property for forfeiture or would jeopardize an ongoing criminal investigation.
(c) The temporary order expires [
not
] 
no
 more than 10 days after [
entry
] 
the day on
which the order is entered
 unless extended for good cause shown or unless the [
party
] 
claimant
against whom [
it
] 
the temporary order
 is entered consents to an extension.
(d) After service of the temporary order upon [
any claimants
] 
a claimant
 known to the
prosecuting attorney[
, a hearing concerning the order entered under this section shall be held
]
or federal prosecutor, the court shall hold a hearing on the order
 as soon as practicable and
[
prior to
] 
before
 the expiration of the temporary order.
(e) The court is not bound by the Utah Rules of Evidence regarding evidence [
it
] 
the
court
 may receive and consider at [
any
] 
a
 hearing under this section.
[
(4) (a) Upon conviction of a claimant for conduct giving rise to criminal forfeiture, the
prosecutor shall ask the finder of fact to make a specific finding as to whether the property or
any part of it is subject to forfeiture.
]
[
(b) A determination of whether property is subject to forfeiture under this section shall
be proven beyond a reasonable doubt.
]
(5) Upon conviction of a defendant for the offense subjecting the property to forfeiture,
a court or jury shall find property forfeited to the agency if the prosecuting attorney establishes,
beyond a reasonable doubt, that:
(a) the defendant:
(i) committed the offense subjecting the property to forfeiture under Subsection
24-4-102
(1);
(ii) knew of the offense subjecting the property to forfeiture under Subsection
24-4-102
(1) and allowed the property to be used in furtherance of the offense; or
(iii) acquired the property at the time of the offense subjecting the property to forfeiture
under Subsection 
24-4-102
(1), or within a reasonable time after the offense occurred; or
(b) there is no likely source for the purchase or acquisition of the property other than
the commission of the offense subjecting the property to forfeiture under Subsection
24-4-102
(1).
[
(5)
] 
(6)
 (a) Upon conviction of a [
claimant for violating any provision of state law
subjecting a claimant's property to forfeiture
] 
defendant for the offense subjecting the property
to forfeiture
 and a finding by [
the trier of fact
] 
a court or jury
 that the property [
is subject to
forfeiture
] 
is forfeited
, the court shall enter a judgment and order the property forfeited to the
[
state
] 
agency
 upon the terms stated by the court in [
its
] 
the court's
 order.
(b) Following the entry of an order declaring 
the
 property forfeited 
under Subsection
(6)(a), and upon application by the prosecuting attorney
, the court may[
, upon application of
the prosecuting attorney,
]
:
(i)
 enter [
appropriate restraining orders or injunctions,
] 
a restraining order or
injunction;
(ii)
 require the execution of satisfactory performance bonds[
,
]
;
(iii)
 appoint [
receivers, conservators, appraisers, accountants, or trustees,
] 
a receiver,
conservator, appraiser, accountant, or trustee;
 or
(iv)
 take any other action to protect the [
interest of the state
] 
the agency's interest
 in
property ordered forfeited.
[
(6)
] 
(7)
 (a) (i) After property is ordered forfeited under this section, the [
seizing
]
agency shall direct the disposition of the property under Section 
24-4-115
.
[
(ii) Any property right or interest under this Subsection (6)(a) not exercisable by or
transferable for value to the state expires and does not revert to the defendant.
]
(ii) If property under Subsection (7)(a)(i) is not transferrable for value to the agency, or
the agency is not able to exercise an ownership interest in the property, the property may not 
revert to the defendant. 
(iii) [
The defendant or any person
] 
A defendant, or a person 
 acting in concert with or
on behalf of the defendant
,
 is not eligible to purchase forfeited property at any sale held by the
[
seizing
] agency unless approved by the judge.
(b) [
The
] 
A
 court may stay the sale or disposition of the property pending the
conclusion of any appeal of [
the criminal case giving rise to the forfeiture
] 
the offense
subjecting the property to forfeiture
 if the [
defendant
] 
claimant
 demonstrates that proceeding
with the sale or disposition of the property may result in irreparable injury, harm, or loss.
(8) If a defendant is acquitted of the offense subjecting the property to forfeiture under
this section on the merits:
(a) (i) the property for which forfeiture is sought shall be returned to the claimant; or
(ii) the open market value of the property for the property for which forfeiture is sought
shall be awarded to the claimant if the property has been disposed of under Section 
24-4-103.3
;
and
(b) any payment requirement under this chapter related to the holding of property shall
be paid to the claimant.
[
(7)
] 
(9)
 Except as provided under Subsection [
(3) or (10)
] 
(4) or (12)
, a [
party
]
claimant
 claiming an interest in property [
subject to forfeiture
] 
that is being forfeited
 under this
section:
(a) may not intervene in a trial or appeal of a criminal case involving the forfeiture of
the
 property [
under this section
]; and
(b) may not commence an action at law or equity concerning the validity of the
[
party's
] 
claimant's
 alleged interests in the property subsequent to the filing of an indictment or
an information alleging that the property is [
subject to forfeiture
] 
being forfeited
 under this
section.
[
(8) The district
] 
(10) A
 court that has jurisdiction of a case under this part may enter
orders under this section without regard to the location of any property that [
may be subject to
forfeiture
] 
is or has been ordered forfeited
 under this section [
or that has been ordered forfeited
under this section
].
[
(9)
] 
(11)
 To facilitate the identification or location of property [
declared forfeited
]
forfeited under this section,
 and to facilitate the disposition of [
petitions
] 
a petition
 for
remission or mitigation of forfeiture after the entry of an order declaring property forfeited to
the [
state
] 
agency
, the court may, upon application of the prosecuting attorney, order [
that
]
:
(a)
 the testimony of any witness relating to the forfeited property be taken by
deposition[
,
]
;
 and [
that
]
(b)
 any book, paper, document, record, recording, or other material [
shall be
] 
is
produced [
as provided for depositions and discovery under
] 
in accordance with
 the Utah Rules
of Civil Procedure.
[
(10)
] 
(12)
 (a) [
(i) Following the entry of an order of forfeiture under this section
] 
If a
court orders property forfeited under this section
, the prosecuting attorney shall publish notice
of the [
order's
] intent to dispose of the property [
by publication
].
(b)
 Service by publication shall be by publication of two notices, in two successive
weeks, of the forfeiture proceeding:
[
(A)
] 
(i)
 in a newspaper of general circulation in the county in which the seizure 
of the
property
 occurred; and
[
(B)
] 
(ii)
 on Utah's Public Legal Notice Website established in Subsection
45-1-101
(2)(b).
[
(ii)
] 
(c)
 The prosecuting attorney shall also send written notice to any claimants, other
than the defendant, known to the prosecuting attorney to have an interest in the property, at the
claimant's known address.
[
(b) (i) Any
] 
(13) (a) A
 claimant, other than the defendant, [
asserting a legal interest in
property that has been ordered forfeited to the state under this section may, within 30 days after
the notice has been published or the claimant receives the written notice under Subsection
(10)(a), whichever is earlier,
] 
may
 petition the court for a hearing to adjudicate the validity of
the claimant's alleged interest in [
the
] property 
forfeited under this section
.
[
(ii) Any genuine issue of material fact, including issues of standing, may be tried to a
jury upon demand of any party.
]
(b) A claimant shall file a petition within 30 days after the earlier of the day on which a
notice is published or the day on which the claimant receives written notice under Subsection
(12)(a).
[
(c)
] 
(14)
 The petition 
under Subsection (13)
 shall:
[
(i)
] 
(a)
 be in writing and signed by the claimant under penalty of perjury;
[
(ii)
] 
(b)
 set forth the nature and extent of the claimant's right, title, or interest in the
property, the time and circumstances of the claimant's acquisition of the right, title, or interest
in the property; and
[
(iii)
] 
(c)
 set forth any additional facts supporting the claimant's claim and the relief
sought.
[
(d) The trial or hearing on the petition shall be expedited to the extent practicable.
]
(15) (a) The court shall expedite the trial or hearing under this Subsection (15) to the
extent practicable.
(b) Any party may request a jury to decide any genuine issue of material fact.
(c)
 The court may consolidate a trial or hearing on the petition 
under Subsection
(11)(b)
 and any 
other
 petition filed by [
any
] 
a
 claimant
,
 other than the defendant
,
 under this
section.
(d)
 [
The
] 
For a petition under this section, the
 court shall permit the parties to conduct
pretrial discovery [
pursuant to
] 
in accordance with
 the Utah Rules of Civil Procedure.
(e) (i) At the trial or hearing, the claimant may testify and present evidence and
witnesses on the claimant's own behalf and cross-examine witnesses who appear at the hearing.
(ii)
 The prosecuting attorney may present evidence and witnesses in rebuttal and in
defense of the claim to the property and cross-examine witnesses who appear.
[
(ii)
] 
(f)
 In addition to testimony and evidence presented at the trial or hearing, the
court may consider the relevant portion of the record of the criminal case that resulted in the
order of forfeiture.
[
(iii)
] 
(g)
 [
Any
] 
A
 trial or hearing shall be conducted [
pursuant to
] 
in accordance with
the Utah Rules of Evidence.
[
(f)
] 
(16)
 The court shall amend the order of forfeiture in accordance with [
its
] 
the
court's
 determination, if after the trial or hearing 
under Subsection (15)
, the court or jury
determines that the [
petitioner
] 
claimant
 has established
,
 by a preponderance of the evidence
,
that:
(a)
 (i) the claimant has a legal right, title, or interest in the property[
,
]
;
 and
(ii)
 the 
claimant's
 right, title, or interest renders the order of forfeiture invalid in whole
or in part because the right, title, or interest was vested in the claimant rather than the
defendant
,
 or was superior to any right, title, or interest of the defendant at the time [
of the
commission of the acts or conduct that gave rise to the forfeiture of the property under this
section
] 
of the commission of the offense subjecting the property to forfeiture under Subsection
24-4-102
(1)
; or
[
(ii)
] 
(b)
 the claimant acquired the right, title, or interest in the property in a bona fide
transaction for value, and, at the time of acquisition, the claimant did not know that the
property [
was subject to forfeiture
] 
could be forfeited under this chapter
.
[
(g) Following the court's disposition of all petitions filed under this Subsection (10),
or if no petitions are filed following the expiration of the period provided in Subsection (10)(b)
for the filing of petitions, the state has clear title to property subject to the order of forfeiture
and may warrant good title to any subsequent purchaser or transferee.
]
(17) An agency has clear title to the property and may transfer title to a purchaser or
transferee if:
(a) the court issued a disposition on all petitions under Subsection (13) denying any
claimant's right, title, or interest to the property; or
(b) a petition was not filed under the timelines provided in Subsection (13)(b).
(18) If the prosecuting attorney seeks to discontinue a forfeiture proceeding under this
section and transfer the action to another state or federal agency that has initiated a civil or
criminal proceeding involving the same property, the prosecuting attorney shall file a petition
to transfer the property in accordance with Section 
24-2-105
.
Section 22. Section 
24-4-109
 is amended to read:
24-4-109.
Postjudgment interest.
In [
any
] 
a
 proceeding to forfeit currency or other negotiable instruments under this
chapter, the court shall award 
postjudgment interest to
 a prevailing party [
postjudgment
interest
] on the currency or negotiable instruments at the interest rate established under Section
15-1-4
.
Section 23. Section 
24-4-110
 is amended to read:
24-4-110.
Attorney fees and costs.
(1) In [
any
] 
a
 forfeiture proceeding under this chapter, [
the
] 
a
 court shall award [
a
prevailing claimant reasonable:
] 
reasonable legal costs and attorney fees to a prevailing
claimant.
[
(a) legal costs; and
]
[
(b) attorney fees.
]
(2) [
The legal costs and attorney fees awarded by the court to the prevailing party
] 
If a
court awards legal costs and attorney fees to a prevailing claimant under Subsection (1), the
award
 may not exceed 50% of the value of the seized property.
(3) A claimant who prevails only in part is entitled to recover reasonable legal costs
and attorney fees only on [
those issues
] 
an issue
 on which the party prevailed[
 , as determined
by the court 
].
Section 24. Section 
24-4-111
 is amended to read:
24-4-111.
Compensation for damaged property.
(1) As used in this section, "damage or other injury" does not mean normal
depreciation, deterioration, or ordinary wear and tear of the property.
[
(1)
] 
(2)
 If [
property seized for forfeiture
] 
seized property
 is returned [
by operation of
]
under
 this chapter, a claimant has a civil right of action against [
a seizing
] 
an
 agency for [
any
] 
a
claim based upon the negligent destruction, loss, 
or
 damage[
,
] or other injury to seized property
while in the possession or custody of the agency.
[
(2) As used in this section, "damage or other injury" does not include normal
depreciation, deterioration, or ordinary wear and tear.
]
Section 25. Section 
24-4-112
 is amended to read:
24-4-112.
Limitation on fees for holding seized property.
In any civil or criminal proceeding under this chapter in which a judgment is entered in
favor of a claimant, or where a forfeiture proceeding against a claimant is voluntarily dismissed
by the prosecuting attorney, [
the seizing
] 
an
 agency may not charge [
that
] 
a
 claimant any fee or
cost for holding seized property.
Section 26. Section 
24-4-113
 is amended to read:
24-4-113.
Proportionality.
(1) (a) A claimant's interest in property that is used to facilitate [
a crime, excluding
contraband, is not subject to forfeiture
] 
an offense may not be forfeited
 under any provision of
state law if the forfeiture is substantially disproportionate to the use of the property in
committing or facilitating [
a
] 
an offense that is a
 violation of state law and the value of the
property.
(b) [
Forfeiture of property
] 
If property is
 used solely in a manner that is merely
incidental and not instrumental to the commission or facilitation of [
a violation of law
] 
an
offense, a forfeiture of the property
 is not proportional.
(2) (a) In determining proportionality, the court shall consider:
(i) the [
conduct giving cause for the forfeiture
] 
offense subjecting the property to
forfeiture under Subsection 
24-4-102
(1)
;
(ii) what portion of the forfeiture, if any, is remedial in nature;
(iii) the gravity of the conduct for which the claimant is responsible in light of the
offense; and
(iv) the value of the property.
(b) If the court finds that the forfeiture is substantially disproportional to [
the conduct
]
an offense
 for which the claimant is responsible, [
it
] 
the court
 shall reduce or eliminate the
forfeiture[
,
] as [
it
] 
the court
 finds appropriate.
(3) [
The
] 
A
 prosecuting attorney has the burden [
to demonstrate
] 
of demonstrating
 that
[
any
] 
a
 forfeiture is proportional to the [
conduct giving rise to the forfeiture
] 
offense subjecting
the property to forfeiture under Subsection 
24-4-102
(1)
.
(4) In all cases
,
 the court shall decide questions of proportionality.
(5) [
Forfeiture
] 
A forfeiture
 of any proceeds 
used to facilitate the commission of an
offense that is a violation of federal or state law
 is proportional.
Section 27. Section 
24-4-115
 is amended to read:
24-4-115.
Disposition and allocation of forfeiture property.
(1) [
Upon finding that property is subject to forfeiture under this chapter
] 
If a court
finds that property is forfeited under this chapter
, the court shall order the property forfeited to
the [
state
] 
agency
.
(2) (a) If the property is not currency, the [
seizing
] agency shall authorize a public or
otherwise commercially reasonable sale of that property [
that
] 
if the property
 is not required by
law to be destroyed and [
that
] is not harmful to the public.
(b) If the property forfeited is an alcoholic product as defined in Section 
32B-1-102
,
[
it
] 
the property
 shall be disposed of as follows:
(i) an alcoholic product shall be sold if the alcoholic product is:
(A) unadulterated, pure, and free from any crude, unrectified, or impure form of ethylic
alcohol, or any other deleterious substance or liquid; and
(B) otherwise in saleable condition; or
(ii) an alcoholic product and [
its
] 
the alcoholic product's
 package shall be destroyed if
the alcoholic product is impure, adulterated, or otherwise unfit for sale.
(c) If the property forfeited is a cigarette or other tobacco product as defined in Section
59-14-102
, [
it
] 
the property
 shall be destroyed, except that [
prior to the destruction of any
cigarette or other tobacco product seized pursuant to this part,
] the lawful holder of the
trademark rights in the cigarette or tobacco product brand [
shall be
] 
is
 permitted to inspect the
cigarette 
before the destruction of the cigarette or tobacco product
.
(d) The proceeds of the sale of forfeited property shall remain segregated from other
property, equipment, or assets of the [
seizing
] agency until transferred [
to the state
] in
accordance with this chapter.
(3) [
From the forfeited property, both
] 
Before transferring
 currency and the proceeds or
revenue from the sale of the property 
in accordance with this chapter
, the [
seizing
] agency
shall:
(a) deduct the [
seizing
] agency's direct costs, expense of reporting under Section
24-4-118
, and [
expenses
] 
expense
 of obtaining and maintaining the property pending 
a
forfeiture 
proceeding
; and
(b) 
if the prosecuting agency that employed the prosecuting attorney has met the
requirements of Subsection 
24-4-119
(3),
 pay the [
office of the
] prosecuting attorney the legal
costs associated with the litigation of the forfeiture proceeding, and up to 20% of the value of
the forfeited property in attorney fees.
(4) If the forfeiture arises from [
any
] 
a
 violation relating to wildlife resources, the
agency shall deposit any
 remaining currency and the proceeds or revenue from the sale of the
property [
shall be deposited in
] 
into
 the Wildlife Resources Account created in Section
23-14-13
.
(5) The 
agency shall transfer any
 remaining currency
,
 [
and
] the proceeds
,
 or revenue
from the sale of the property [
shall then be transferred
] to the commission and deposited into
the account.
Section 28. Section 
24-4-116
 is amended to read:
24-4-116.
Criminal Forfeiture Restricted Account.
(1) There is created within the General Fund a restricted account known as the
"Criminal Forfeiture Restricted Account."
(2) [
Proceeds
] 
Except as provided in Section 
24-4-115
, the commission shall deposit
any proceeds
 from forfeited property and forfeited money through [
state forfeitures shall be
deposited into the account
] 
a forfeiture proceeding under this chapter into the account
.
(3) Money in the account shall be appropriated to the commission for implementing the
program under Section 
24-4-117
.
Section 29. Section 
24-4-117
 is amended to read:
24-4-117.
State Asset Forfeiture Grant Program.
(1) There is created the State Asset Forfeiture Grant Program.
(2) The program shall fund crime prevention, crime victim reparations, and law
enforcement activities that have the purpose of:
(a) deterring crime by depriving criminals of the profits and proceeds of their illegal
activities;
(b) weakening criminal enterprises by removing the instrumentalities of crime;
(c) reducing crimes involving substance abuse by supporting the creation,
administration, or operation of drug court programs throughout the state;
(d) encouraging cooperation between [
local, state, and multijurisdictional law
enforcement
] agencies;
(e) allowing the costs and expenses of law enforcement to be defrayed by the forfeited
proceeds of crime;
(f) increasing the equitability and accountability of the use of forfeited property used to
assist [
law enforcement
] 
agencies
 in reducing and preventing crime; and
(g) providing aid to victims of criminally injurious conduct, as defined in Section
63M-7-502
, who may be eligible for assistance under Title 63M, Chapter 7, Part 5, Utah Office
for Victims of Crime.
(3) (a) [
When property is forfeited under this chapter and transferred to the account,
upon appropriation
] 
Upon appropriation of funds from the account,
 the commission shall
allocate and administer grants to [
state agencies, local law enforcement agencies,
multijurisdictional law enforcement agencies, or political subdivisions
] 
an agency or political
subdivision
 of the state in compliance with this section 
and Subsection 
24-4-119
(2)
 and to
further the program purposes under Subsection (2).
(b) The commission may retain up to 3% of the annual appropriation from the account
to pay for administrative costs incurred by the commission, including salary and benefits,
equipment, supplies, or travel costs that are directly related to the administration of the
program.
(4) [
Agencies or political subdivisions
] 
An agency or political subdivision
 shall apply
for an award from the program by completing and submitting forms specified by the
commission.
(5) In granting the awards, the commission shall ensure that the amount of each award
takes into consideration the:
(a) demonstrated needs of the agency 
or political subdivision
;
(b) demonstrated ability of the agency 
or political subdivision
 to appropriately use the
award;
(c) degree to which the agency's 
or political subdivision's
 need is offset through the
agency's 
or political subdivision's
 participation in federal equitable sharing or through other
federal and state grant programs; and
(d) agency's 
or political subdivision's
 cooperation with other state and local agencies
and task forces.
(6) The commission may award a grant to any agency or political subdivision engaged
in activities associated with Subsection (2) even if the agency has not contributed to the fund.
[
(6)
] 
(7)
 [
Applying agencies or political subdivisions
] 
An applying agency or political
subdivision
 shall demonstrate compliance with all reporting and policy requirements applicable
under this chapter and under Title 63M, Chapter 7, Criminal Justice and Substance Abuse, in
order to qualify as a potential award recipient.
[
(7)
] 
(8)
 (a) [
Recipient law enforcement agencies
] 
A recipient agency
 may only use
award money after approval by the agency's legislative body.
(b) The award money is nonlapsing.
[
(8)
] 
(9)
 A recipient [
state agency, local law enforcement agency, multijurisdictional
law enforcement
] agency[
,
] or political subdivision shall use [
awards
] 
an award:
(a)
 only for law enforcement purposes [
as
] described in this section
,
 or for victim
reparations as described in Subsection (2)(g)[
, and only as these
]
; and
(b) for the
 purposes [
are
] specified by the agency or political subdivision in [
its
] 
the
agency's or political subdivision's
 application for the award.
[
(9)
] 
(10)
 [
Permissible law enforcement purposes
] 
A permissible law enforcement
purpose
 for which award money may be used [
include
] 
includes
:
(a) controlled substance interdiction and enforcement activities;
(b) drug court programs;
(c) activities calculated to enhance future law enforcement investigations;
(d) law enforcement training that includes:
(i) implementation of the Fourth Amendment to the United States Constitution and
Utah Constitution, Article I, Section 7, and that addresses the protection of the individual's
right of due process;
(ii) protection of the rights of innocent property holders; and
(iii) the Tenth Amendment to the United States Constitution regarding states'
sovereignty and the states' reserved rights;
(e) law enforcement or detention facilities;
(f) law enforcement operations or equipment that are not routine costs or operational
expenses;
(g) drug, gang, or crime prevention education programs that are sponsored in whole or
in part by the law enforcement agency or its legislative body;
(h) matching funds for other state or federal law enforcement grants; and
(i) the payment of legal costs, attorney fees, and postjudgment interest in forfeiture
actions.
[
(10)
] 
(11)
 [
Law enforcement purposes
] 
A law enforcement purpose
 for which award
money may not be granted or used [
include
] 
includes
:
(a) payment of salaries, retirement benefits, or bonuses to any [
person
] 
individual
;
(b) payment of expenses not related to law enforcement;
(c) uses not specified in the agency's award application;
(d) uses not approved by the agency's legislative body;
(e) payments, transfers, or pass-through funding to [
entities other than law enforcement
agencies
] 
an entity other than an agency
; or
(f) uses, payments, or expenses that are not within the scope of the agency's functions.
Section 30. 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
] 
An
 agency shall provide all reasonably available data described in Subsection
(5)[
, along with the transfer of any applicable forfeited property
]:
(a) [
when
] 
if
 transferring the forfeited property resulting from the final disposition of
any civil or criminal forfeiture matter to the [
Commission on Criminal and Juvenile Justice
]
commission
 as required under Subsection 
24-4-115
(5); or
(b) [
when
] 
if
 the agency has been awarded [
any
] 
an
 equitable share of property
forfeited by the federal government.
(2) The [
Commission on Criminal and Juvenile Justice
] 
commission
 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
] 
commission
 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
] 
commission
 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
] 
commission
 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;
(h) the type of enforcement action that resulted in the seizure, including an
enforcement stop, a search warrant, or an arrest warrant;
(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;
(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;
(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, expense of reporting under this section, 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
(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)
] 
24-2-106
(3)
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
] 
An
 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
] 
commission that
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
] 
in accordance with
 federal law as described in Subsection 
[
24-4-114
(2)
]
24-2-106
(6)
 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
] 
commission
 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.
Section 31. Section 
24-4-119
 is enacted to read:
 24-4-119.
Training requirements.
(1) As used in this section:
(a) "Council" means the Utah Prosecution Council created in Section 
67-5a-1
.
(b) "Division" means the Peace Officers Standards and Training Division created in
Section 
53-6-103
.
(2) To participate in the program, an agency shall have at least one employee who is
certified by the division as an asset forfeiture specialist through the completion of an online
asset forfeiture course by the division.
(3) The division shall:
(a) develop an online asset forfeiture specialist course that is available to an agency for
certification purposes;
(b) certify an employee of an agency who meets the course requirements to be an asset
forfeiture specialist;
(c) recertify, every 36 months, an employee who is designated as an asset forfeiture
specialist by an agency;
(d) submit annually a report to the commission no later than April 30 that contains a
list of the names of the employees and agencies participating in the certification courses;
(e) review and update the asset forfeiture specialist course each year to comply with
state and federal law; and
(f) provide asset forfeiture training to all peace officers in basic training programs.
(4) To be reimbursed for costs under Subsection 
24-4-115
(3)(b), a prosecuting agency
shall have at least one employee who is certified by the council as an asset forfeiture specialist
through the completion of an online asset forfeiture course.
(5) The council shall:
(a) develop an online asset forfeiture specialist course that is available to a prosecuting
agency for certification purposes;
(b) certify an employee of a prosecuting agency who meets the course requirements to
be an asset forfeiture specialist;
(c) submit annually a report to the commission no later than April 30 that contains a
list of the names of the employees and prosecuting agencies participating in certification
courses by the council; and
(d) review and update the asset forfeiture specialist course each year to comply with
state and federal law.
Section 32. Section 
53-13-110.5
 is enacted to read:
 53-13-110.5.
Retention of records of interviews of minors.
If a peace officer, or the officer's employing agency, records an interview of a minor
during an investigation of a violation of Section 
76-5-402.1
, 
76-5-402.3
, 
76-5-403.1
, or
76-5-404.1
, the agency shall retain a copy of the recording for 18 years after the day on which
the last recording of the interview is made, unless the prosecuting attorney requests in writing
that the recording be retained for an additional period of time.
Section 33. 
Repealer.
This bill repeals:
Section 
24-4-107
,
Innocent owners.
Section 
24-4-108
,
Release of property held for forfeiture on certain grounds.