Utah Code Ann. § 77-11a-203

Procedure after seizure of property or contraband.

Effective May 3, 2023Renumbered and Amended by Chapter 448, 2023 General Session
  1. (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
    2. (b) is considered in the custody of the agency that employed the peace officer.
  2. (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. (3) The receipt shall describe the:

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

    1. (a) information on:

      1. (i) the time periods for the forfeiture of property; and
      2. (ii) what happens to property upon a conviction or acquittal of the offense subjecting the property to seizure; and
    2. (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. (5) The agency shall maintain a copy of the receipt provided in accordance with Subsection (2).
  6. (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. (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.

Renumbered and Amended by Chapter 448, 2023 General Session

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