Return of Seized Property to Claimant

Utah Code tit. 77, ch. 77-11a, pt. 77-11a-P3

in effect

Utah Code § 77-11a-301 Return of seized property to claimant -- Generally.

77-11a-301. Return of seized property to claimant -- Generally. (1) (a) An agency with custody of seized property, or the prosecuting attorney, may return the property to a claimant if the agency or the prosecuting attorney: (i) determines that the agency does not need to retain or preserve the property as evidence under Chapter 11c, Retention of Evidence; or (ii) seeks to return the property to the claimant because the agency or prosecuting attorney determines that the claimant is an innocent owner or an interest holder. (b) An agency with custody of seized property, or the prosecuting attorney, may not return property under this Subsection (1) if the property is subject to retention or preservation under Chapter 11c, Retention of Evidence. (2) An agency with custody of the seized property, or the prosecuting attorney, shall return the property to a claimant if: (a) the claimant posts a surety bond or cash with the court in accordance with Section 77-11a-302; (b) the court orders the return of property to the claimant for hardship purposes under Section 77-11a-303; (c) a claimant establishes that the claimant is an innocent owner or an interest holder under Section 77-11a-304; or (d) the court orders property retained as evidence to be returned to the claimant under Section 77-11a-305. (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 owner of the computer. (b) The agency shall determine a reasonable cost 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) If a natural resources officer for the Division of Law Enforcement seizes a vehicle, the Division of Law Enforcement shall return the vehicle to a claimant in accordance with Section 23A-5-201. (5) If an agency is not required, or is no longer required, to retain or preserve property as evidence under Chapter 11c, Retention of Evidence, and the agency seeks to return or dispose of the property, the agency shall exercise due diligence in attempting to notify the claimant of the property to advise the claimant that the property is to be returned. (6) (a) Before an agency may return seized property to a person claiming ownership of the property, the person shall establish that the person: (i) is the owner of the property; and (ii) may lawfully possess the property. (b) The person shall establish ownership under Subsection (6)(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. (c) When seized property is returned to the owner, the owner shall sign a receipt listing in detail the property that is returned. (d) The agency shall: (i) retain a copy of the receipt; and (ii) provide a copy of the receipt to the owner. Amended by Chapter 80, 2024 General Session

Utah Code § 77-11a-302 Return of seized property to claimant by surety bond or cash.

77-11a-302. Return of seized property to claimant by surety bond or cash. (1) Except as provided in Subsection (2), a claimant may obtain the return 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. (2) A court may refuse to order the return of property under Subsection (1) if: (a) the bond tendered for the property is inadequate; (b) the property is subject to the retention or preservation requirements under Chapter 11c, Retention of Evidence; (c) the property is particularly altered or designed for use in the commission of the offense subjecting the property to forfeiture under Section 77-11b-102; or (d) the property is contraband. (3) 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. Amended by Chapter 150, 2024 General Session

Utah Code § 77-11a-303 Return of seized property subject to forfeiture to claimant for hardship.

77-11a-303. Return of seized property subject to forfeiture to claimant for hardship. (1) A claimant is entitled to the immediate return of seized property for which the agency has filed a notice of intent to forfeit under Section 77-11b-201 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 (1) is based upon the property's use before the seizure. (2) A claimant may file a motion or petition for hardship release under this section: (a) in the court in which forfeiture proceedings have commenced; or (b) in a district court where there is venue under Section 77-11a-102 if a forfeiture proceeding has not yet commenced. (3) 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. (4) 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. (5) If the claimant demonstrates substantial hardship under Subsection (1), the court shall order the agency to immediately return the property to the claimant pending completion of any forfeiture proceeding. (6) The court may place conditions on the return of the property as the court finds necessary and appropriate to preserve the availability of the property or the property's equivalent for forfeiture. (7) The hardship release under this section does not apply to: (a) contraband; (b) property that is subject to the retention or preservation requirements under Chapter 11c, Retention of Evidence; or (c) property that is likely to be used to commit additional offenses if returned to the claimant. Amended by Chapter 150, 2024 General Session

Utah Code § 77-11a-304 Release of seized property to innocent owner or interest holder.

77-11a-304. Release of seized property to innocent owner or interest holder. (1) (a) Except for property required to be retained or preserved under Chapter 11c, Retention of Evidence, a claimant alleged to be an innocent owner or an interest holder 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 forfeiture proceeding under Section 77-11b-302; 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 or an interest holder. (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 under Section 77-11b-302, 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 or an interest holder 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 77-11b-305(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. Renumbered and Amended by Chapter 448, 2023 General Session

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

77-11a-305. Release of seized property to claimant when seized property is retained as evidence. (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. (b) The claimant may file the petition in: (i) the court in which criminal proceedings have commenced regarding the offense for which the property is being retained as evidence; or (ii) the district court with venue under Section 77-11a-102 if there are no pending criminal proceedings. (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) (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 is: (i) returned to the claimant if the claimant is the owner as determined by the court; (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; (iii) converted to a public interest use; (iv) held for further legal action; (v) sold at public auction and the proceeds of the sale applied to a public interest use; or (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: (a) is the owner of the property; and (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. Amended by Chapter 150, 2024 General Session

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title77/Chapter11A/77-11a-P3.html?v=C77-11a-P3_2024050120240501Fetched: 10/26/2026