§ 77-11a-203 — Procedure after seizure of property or contraband.

(1) If a peace officer seizes property or contraband under Section 77-11a-201, the property and contraband:

(1)(a) is not recoverable by replevin; and
(1)(b) is considered in the custody of the agency that employed the peace officer.
(2) If a peace officer seizes property under Section 77-11a-201, the peace officer or the peace officer's employing agency shall provide a receipt to the person from which the property is seized.
(3) The receipt shall describe the:

(3)(a) property seized;
(3)(b) date of seizure; and
(3)(c) name and contact information of the peace officer's employing agency.
(4) In addition to the receipt, the peace officer or agency shall provide the person with:

(4)(a) information on:
(4)(a)(i) the time periods for the forfeiture of property; and
(4)(a)(ii) what happens to property upon a conviction or acquittal of the offense subjecting the property to seizure; and
(4)(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.
(5) The agency shall maintain a copy of the receipt provided in accordance with Subsection (2).
(6) If a peace officer seizes property that, at the time of seizure, is held by a pawn or secondhand business in the course of the pawn or secondhand business's business, the provisions of Section 13-32a-109.5 shall apply to the seizure of the property.
(7) If custody of the property is transferred to another agency, 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.

Legislative History

Renumbered and Amended by Chapter 448, 2023 General Session