1. (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. (i) files a criminal indictment or information under Subsection 77-11b-301(3);
      2. (ii) files a petition to transfer the property to another agency in accordance with Section 77-11a-205; or
      3. (iii) files a civil forfeiture complaint under Section 77-11b-302; or
   2. (b) the prosecuting attorney or a federal prosecutor obtains a restraining order under Subsection 77-11b-301(4).

2. (2)

   1. (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.
   3. (c) The prosecuting attorney may not file more than one petition under this Subsection (2).
3. (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.

Renumbered and Amended by Chapter 448, 2023 General Session