Current through the 2024 Third Special Session
Section 77-11a-203 - Procedure after seizure of property or contraband(1) If a peace officer seizes property or contraband under Section 77-11a-201, the property and contraband: (a) is not recoverable by replevin; and(b) is considered in the custody of the agency that employed the peace officer.(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) The receipt shall describe the: (c) name and contact information of the peace officer's employing agency.(4) In addition to the receipt, the peace officer or agency shall provide the person with: (a) information on: (i) the time periods for the forfeiture of property; and(ii) what happens to property upon a conviction or acquittal of the offense subjecting the property to seizure; and(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) The agency shall maintain a copy of the receipt provided in accordance with Subsection (2).(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) 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 from § 24-2-103 and amended by Chapter 448, 2023 General Session ,§ 26, eff. 5/3/2023.Amended by Chapter 230, 2021 General Session ,§ 5, eff. 5/5/2021.Amended by Chapter 362, 2017 General Session ,§ 2, eff. 5/9/2017.Added by Chapter 394, 2013 General Session ,§ 7, eff. 7/1/2013.