2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 11b - Forfeiture of Seized Property › Part 3 - Forfeiture Proceedings › Section 302 - Civil forfeiture of seized property.

Effective 5/3/2023
77-11b-302.
Civil forfeiture of seized property.
(1)
(a) A prosecuting attorney may commence a civil action to forfeit seized property by filing a complaint.
(b) The complaint under Subsection (1)(a) shall describe with reasonable particularity:
(i) the property that the agency is seeking to forfeit;
(ii) the date and place of seizure; and
(iii) the factual allegations that constitute a basis for forfeiture.
(2)
(a) After a complaint is filed, the prosecuting attorney shall serve a copy of the complaint and summons upon each claimant known to the prosecuting attorney within 30 days after the day on which the complaint is filed.
(b) The prosecuting attorney is not required to serve a copy of the complaint or the summons upon a claimant which has disclaimed, in writing, an ownership interest in the seized property.
(c) Service of the complaint and summons shall be by:
(i) personal service;
(ii) certified mail, with a return receipt requested, to the claimant's known address; or
(iii) service by publication, if the prosecuting attorney demonstrates to the court that service cannot reasonably be made by personal service or certified mail.
(d) Service by publication shall be by publication of two notices, in two successive weeks, of the forfeiture proceeding:
(i) in a newspaper of general circulation in the county in which the seizure occurred; and
(ii) on Utah's Public Legal Notice Website established in Subsection 45-1-101(2)(b).
(e) Service is effective upon the earlier of:
(i) personal service;
(ii) certified mail; or
(iii) publication in accordance with Subsection (2)(d).
(f) The court may extend the period to complete service under this section for an additional 60 days if the prosecuting attorney:
(i) moves the court to extend the period to complete service; and
(ii) has shown good cause for extending service.
(3)
(a) If a prosecuting attorney files a complaint for forfeiture as described in Subsection (1), a claimant may file an answer to the complaint.
(b) If a claimant files an answer in accordance with Subsection (3)(a), the claimant shall file the answer within 30 days after the day on which the complaint is served upon the claimant.
(c) If an agency is seeking to forfeit property that is valued at less than $10,000, the agency shall return the property to the claimant if:
(i)
(A) the prosecuting attorney has filed a forfeiture complaint, and the claimant has filed an answer, in accordance with Subsections (3)(a) and (b); and
(B) the prosecuting attorney has not filed an information or indictment for the offense for which the property is seized within 60 days after the day on which the prosecuting attorney served the claimant with the complaint, or the prosecuting attorney has not timely moved a court and demonstrated reasonable cause for extending the time to file the information or indictment; or
(ii) the information or indictment for the offense for which the property was seized was dismissed and the prosecuting attorney has not refiled the information or indictment within seven days after the day on which the information or indictment was dismissed.
(d) A claimant is not entitled to any expenses, costs, or attorney fees for the return of property to the claimant under Subsection (3)(c).
(e)
(i) The time limitations in Subsection (3)(c)(i) may be extended for up to 15 days if a claimant timely seeks to recover possession of seized property in accordance with Section 77-11a-304.
(ii) If the time limitations are extended under Subsection (3)(c)(i), the time limitations in Subsection (3)(c)(i) shall resume immediately upon the agency's or prosecuting attorney's timely denial of a claim under Section 77-11a-304 on the merits.
(4) Except as otherwise provided in this chapter, a civil action for a forfeiture proceeding is governed by the Utah Rules of Civil Procedure.
(5) The court shall:
(a) take all reasonable steps to expedite a civil forfeiture proceeding; and
(b) give a civil forfeiture proceeding the same priority as a criminal case.
(6) A claimant may file an answer to a complaint for civil forfeiture without posting bond with respect to the property that the agency seeks to forfeit.
(7) A court shall grant an agency's request to forfeit property if the prosecuting attorney establishes, by clear and convincing evidence, that:
(a) the claimant:
(i) committed the offense subjecting the property to forfeiture under Subsection 77-11b-102(1);
(ii) knew of the offense subjecting the property to forfeiture under Subsection 77-11b-102(1)(a) and allowed the property to be used in furtherance of the offense; or
(iii) acquired the property at the time of the offense subjecting the property to forfeiture under Subsection 77-11b-102(1), or within a reasonable time after the offense occurred; or
(b) there is no likely source for the purchase or acquisition of the property other than the commission of the offense subjecting the property to forfeiture under Subsection 77-11b-102(1).
(8) If a court finds that the property is the proceeds of an offense that subjects the proceeds to forfeiture under Subsection 77-11b-102(1), the prosecuting attorney does not need to prove that the property was the proceeds of a particular exchange or transaction.
(9) If a claimant is acquitted of the offense subjecting the property to forfeiture under this section:
(a)
(i) the property for which forfeiture is sought shall be returned to the claimant; or
(ii) the open market value of the property for the property for which forfeiture is sought shall be awarded to the claimant if the property has been disposed of under Section 77-11b-202; and
(b) any payment requirement under this chapter related to the holding of property shall be paid to the claimant.
(10) If the prosecuting attorney seeks to discontinue a forfeiture proceeding under this section and transfer the action to another state or federal agency that has initiated a civil or criminal proceeding involving the same property, the prosecuting attorney shall file a petition to transfer the property in accordance with Section 77-11a-205.
(11) A civil forfeiture action under this section may be converted to a criminal forfeiture action at any time after a prosecuting attorney files a criminal complaint, information, or indictment for the offense subjecting the property to forfeiture under Subsection 77-11b-102(1).
Renumbered and Amended by Chapter 448, 2023 General Session