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

Utah Statutes

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

Utah·Title 77 Utah Code of Criminal Procedure·Ch. 77-11b Forfeiture of Seized Property·Part 77-11b-2 Initiating Forfeiture of Seized Property

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

(1)(a) the prosecuting attorney:

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

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

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

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

(2)(2)(a) The prosecuting attorney may file a petiti

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

(1)(a) the prosecuting attorney:
(1)(a)(i) files a criminal indictment or information under Subsection 77-11b-301(3);
(1)(a)(ii) files a petition to transfer the property to another agency in accordance with Section 77-11a-205; or
(1)(a)(iii) files a civil forfeiture complaint under Section 77-11b-302; or
(1)(b) the prosecuting attorney or a federal prosecutor obtains a restraining order under Subsection 77-11b-301(4).
(2) (2)(a) The prosecuting attorney may file a petition to extend the deadline under Subsection (1) by 21 days.
(2)(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.
(2)(c) The prosecuting attorney may not file more than one petition under this Subsection (2).
(3) If a prosecuting attorney is unable to file a civil forfeiture complaint under Subsection (1)(a)(iii) because a claimant has filed a claim under Section 77-11a-304 and the claimant has an extension to provide additional information on the claim under Subsection 77-11a-304(1)(d), the deadline under Subsection (1) may be extended by 15 days.

Utah § 77-11b-203 (Mandatory return of seized property subject to forfeiture.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.