§ 77-11a-305 — Release of seized property to claimant when seized property is retained as evidence.

(1) (1)(a) A claimant may file a petition with the court for the return of the property that is being retained as evidence in accordance with Chapter 11c, Retention of Evidence.
(1)(b) The claimant may file the petition in:
(1)(b)(i) the court in which criminal proceedings have commenced regarding the offense for which the property is being retained as evidence; or
(1)(b)(ii) the district court with venue under Section 77-11a-102 if there are no pending criminal proceedings.
(1)(c) A claimant shall serve a copy of the petition on the prosecuting attorney or federal prosecutor and the agency with custody of the property.
(2) (2)(a) The court shall provide an opportunity for an expedited hearing.
(2)(b) After the opportunity for an expedited hearing, the court may order that the property is:
(2)(b)(i) returned to the claimant if the claimant is the owner as determined by the court;
(2)(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 claimant in an amount set by the court;
(2)(b)(iii) converted to a public interest use;
(2)(b)(iv) held for further legal action;
(2)(b)(v) sold at public auction and the proceeds of the sale applied to a public interest use; or
(2)(b)(vi) destroyed.
(3) Before the court can order property be returned to a claimant, the claimant shall establish, by clear and convincing evidence, that the claimant:
(3)(a) is the owner of the property; and
(3)(b) may lawfully possess the property.
(4) If the court orders the property to be returned to the claimant, the agency with custody of the property shall return the property to the claimant as expeditiously as possible.

Legislative History

Amended by Chapter 150, 2024 General Session