reglab/statecodes huggingface dataset:
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 11b - Forfeiture of Seized Property › Part 1 - General Provisions › Section 101 - Definitions.

Effective 5/3/2023
77-11b-101.
Definitions.
As used in this chapter:
(1)
(a) "Acquitted" means a finding by a jury or a judge at trial that a claimant is not guilty.
(b) "Acquitted" does not include:
(i) a verdict of guilty on a lesser or reduced charge;
(ii) a plea of guilty to a lesser or reduced charge; or
(iii) dismissal of a charge as a result of a negotiated plea agreement.
(2) "Agency" means the same as that term is defined in Section 77-11a-101.
(3) "Claimant" means the same as that term is defined in Section 77-11a-101.
(4) "Commission" means the State Commission on Criminal and Juvenile Justice created in Section 63M-7-201.
(5) "Complaint" means a civil or criminal complaint seeking the forfeiture of any property under this chapter.
(6) "Forfeit" means to divest a claimant of an ownership interest in property seized under Section 77-11a-201.
(7) "Innocent owner" means the same as that term is defined in Section 77-11a-101.
(8) "Interest holder" means the same as that term is defined in Section 77-11a-101.
(9) "Known address" means:
(a) any address provided by a claimant to the peace officer or agency at the time the property is seized; or
(b) the claimant's most recent address on record with a governmental entity if no address was provided at the time of the seizure.
(10) "Legal costs" means the costs and expenses incurred by a party in a forfeiture action.
(11) "Legislative body" means the same as that term is defined in Section 77-11a-101.
(12) "Peace officer" means the same as that term is defined in Section 77-11a-101.
(13) "Proceeds" means the same as that term is defined in Section 77-11a-101.
(14) "Program" means the State Asset Forfeiture Grant Program created in Section 77-11b-403.
(15) "Property" means the same as that term is defined in Section 77-11a-101.
(16) "Prosecuting attorney" means the same as that term is defined in Section 77-11a-101.
(17) "Seized property" means the same as that term is defined in Section 77-11a-101.
Enacted by Chapter 448, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 11b - Forfeiture of Seized Property › Part 1 - General Provisions › Section 103 - Trial by jury.

Effective 5/3/2023
77-11b-103.
Trial by jury.
The right to trial by jury applies to forfeiture proceedings under this chapter.
Renumbered and Amended by Chapter 448, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 11b - Forfeiture of Seized Property › Part 1 - General Provisions › Section 104 - Venue.

Effective 5/3/2023
77-11b-104.
Venue.
Notwithstanding Title 78B, Chapter 3, Part 3, Place of Trial -- Venue, or any other provision of law, a person may bring an action or proceeding under this chapter in the judicial district in which:
(1) the property is seized;
(2) any part of the property is found; or
(3) a civil or criminal action could be maintained against a claimant for the offense subjecting the property to forfeiture under this chapter.
Enacted by Chapter 448, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 11b - Forfeiture of Seized Property › Part 1 - General Provisions › Section 105 - Training requirements.

Effective 5/3/2023
77-11b-105.
Training requirements.
(1) As used in this section:
(a) "Council" means the Utah Prosecution Council created in Section 67-5a-1.
(b) "Division" means the Peace Officers Standards and Training Division created in Section 53-6-103.
(2) To participate in the program, an agency shall have at least one employee who is certified by the division as an asset forfeiture specialist through the completion of an online asset forfeiture course by the division.
(3) The division shall:
(a) develop an online asset forfeiture specialist course that is available to an agency for certification purposes;
(b) certify an employee of an agency who meets the course requirements to be an asset forfeiture specialist;
(c) recertify, every 36 months, an employee who is designated as an asset forfeiture specialist by an agency;
(d) submit annually a report to the commission no later than April 30 that contains a list of the names of the employees and agencies participating in the certification courses;
(e) review and update the asset forfeiture specialist course each year to comply with state and federal law; and
(f) provide asset forfeiture training to all peace officers in basic training programs.
(4) To be reimbursed for costs under Subsection 77-11b-401(3)(b), a prosecuting agency shall have at least one employee who is certified by the council as an asset forfeiture specialist through the completion of an online asset forfeiture course.
(5) The council shall:
(a) develop an online asset forfeiture specialist course that is available to a prosecuting agency for certification purposes;
(b) certify an employee of a prosecuting agency who meets the course requirements to be an asset forfeiture specialist;
(c) submit annually a report to the commission no later than April 30 that contains a list of the names of the employees and prosecuting agencies participating in certification courses by the council; and
(d) review and update the asset forfeiture specialist course each year to comply with state and federal law.
Renumbered and Amended by Chapter 448, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 11b - Forfeiture of Seized Property › Part 2 - Initiating Forfeiture of Seized Property › Section 202 - Sale of seized property subject to forfeiture.

Effective 5/3/2023
77-11b-202.
Sale of seized property subject to forfeiture.
(1)
(a) Except for property that is required to be retained or preserved under Chapter 11c, Retention of Evidence, the court may order seized property for which a forfeiture proceeding is pending to:
(i) be sold, leased, rented, or operated to satisfy a specified interest of any claimant; or
(ii) preserve the interests of any party on motion of that party.
(b) The court may only enter an order under Subsection (1)(a) after:
(i) written notice to any person known to have an interest in the property has been given; and
(ii) an opportunity for a hearing for any person known to have an interest in the property has occurred.
(2)
(a) A court may order a sale of property under Subsection (1) when:
(i) the property is liable to perish, waste, or be significantly reduced in value; or
(ii) the expenses of maintaining the property are disproportionate to the property's value.
(b) A third party designated by the court shall:
(i) dispose of the property by a commercially reasonable public sale; and
(ii) distribute the proceeds in the following order of priority:
(A) first, for the payment of reasonable expenses incurred in connection with the sale;
(B) second, for the satisfaction of an interest, including an interest of an interest holder, in the order of an interest holder's priority as determined by Title 70A, Uniform Commercial Code; and
(C) third, any balance of the proceeds shall be preserved in the actual or constructive custody of the court, in an interest-bearing account, subject to further proceedings under this chapter.
Renumbered and Amended by Chapter 448, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 11b - Forfeiture of Seized Property › Part 2 - Initiating Forfeiture of Seized Property › Section 203 - Mandatory return of seized property subject to forfeiture.

Effective 5/3/2023
77-11b-203.
Mandatory return of seized property subject to forfeiture.
(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:
(a) the prosecuting attorney:
(i) files a criminal indictment or information under Subsection 77-11b-301(3);
(ii) files a petition to transfer the property to another agency in accordance with Section 77-11a-205; or
(iii) files a civil forfeiture complaint under Section 77-11b-302; or
(b) the prosecuting attorney or a federal prosecutor obtains a restraining order under Subsection 77-11b-301(4).
(2)
(a) The prosecuting attorney may file a petition to extend the deadline under Subsection (1) by 21 days.
(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.
(c) The prosecuting attorney may not file more than one petition under this Subsection (2).
(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
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 11b - Forfeiture of Seized Property › Part 2 - Initiating Forfeiture of Seized Property › Section 204 - Compensation for damaged property subject to forfeiture.

Effective 5/3/2023
77-11b-204.
Compensation for damaged property subject to forfeiture.
(1) As used in this section:
(a) "Damage or other injury" does not mean normal depreciation, deterioration, or ordinary wear and tear of the property.
(b) "Wildlife" means the same as that term is defined in Section 23A-1-101.
(2) If seized property is returned under this chapter, a claimant has a civil right of action against an agency for a claim based upon the negligent destruction, loss, or damage or other injury to seized property while in the possession or custody of the agency.
(3) This section does not apply to wildlife or parts of wildlife that are seized for an offense under Title 23A, Wildlife Resources Act.
Renumbered and Amended by Chapter 448, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 11b - Forfeiture of Seized Property › Part 3 - Forfeiture Proceedings › Section 303 - Proportionality of forfeiture.

Effective 5/3/2023
77-11b-303.
Proportionality of forfeiture.
(1)
(a) A claimant's interest in property that is used to facilitate an offense may not be forfeited under any provision of state law if the forfeiture is substantially disproportionate to the use of the property in committing or facilitating an offense that is a violation of state law and the value of the property.
(b) If property is used solely in a manner that is merely incidental and not instrumental to the commission or facilitation of an offense, a forfeiture of the property is not proportional.
(2)
(a) In determining proportionality, the court shall consider:
(i) the offense subjecting the property to forfeiture under Subsection 77-11b-102(1);
(ii) what portion of the forfeiture, if any, is remedial in nature;
(iii) the gravity of the conduct for which the claimant is responsible in light of the offense; and
(iv) the value of the property.
(b) If the court finds that the forfeiture is substantially disproportional to an offense for which the claimant is responsible, the court shall reduce or eliminate the forfeiture as the court finds appropriate.
(3) A prosecuting attorney has the burden of demonstrating that a forfeiture is proportional to the offense subjecting the property to forfeiture under Subsection 77-11b-102(1).
(4) In all cases, the court shall decide questions of proportionality.
(5) A forfeiture of any proceeds used to facilitate the commission of an offense that is a violation of federal or state law is proportional.
Renumbered and Amended by Chapter 448, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 11b - Forfeiture of Seized Property › Part 3 - Forfeiture Proceedings › Section 304 - Postjudgment interest to prevailing party in forfeiture proceeding.

Effective 5/3/2023
77-11b-304.
Postjudgment interest to prevailing party in forfeiture proceeding.
In a proceeding to forfeit currency or other negotiable instruments under this chapter, the court shall award postjudgment interest to a prevailing party on the currency or negotiable instruments at the interest rate established under Section 15-1-4.
Renumbered and Amended by Chapter 448, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 11b - Forfeiture of Seized Property › Part 3 - Forfeiture Proceedings › Section 305 - Attorney fees and costs for forfeiture proceeding.

Effective 5/3/2023
77-11b-305.
Attorney fees and costs for forfeiture proceeding.
(1) In a forfeiture proceeding under this chapter, a court shall award reasonable legal costs and attorney fees to a prevailing claimant.
(2) If a court awards legal costs and attorney fees to a prevailing claimant under Subsection (1), the award may not exceed 50% of the value of the seized property.
(3) A claimant who prevails only in part is entitled to recover reasonable legal costs and attorney fees only on an issue on which the party prevailed.
Renumbered and Amended by Chapter 448, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 11b - Forfeiture of Seized Property › Part 3 - Forfeiture Proceedings › Section 306 - Limitation on fees for holding seized property subject to forfeiture.

Effective 5/3/2023
77-11b-306.
Limitation on fees for holding seized property subject to forfeiture.
In any civil or criminal proceeding under this part in which a judgment is entered in favor of a claimant, or where a forfeiture proceeding against a claimant is voluntarily dismissed by the prosecuting attorney, an agency may not charge a claimant any fee or cost for holding seized property.
Renumbered and Amended by Chapter 448, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 11b - Forfeiture of Seized Property › Part 4 - Disposal and Allocation of Forfeited Property › Section 401 - Disposition and allocation of forfeited property.

Effective 7/1/2023
77-11b-401.
Disposition and allocation of forfeited property.
(1) If a court finds that property is forfeited under this chapter, the court shall order the property forfeited to the state.
(2)
(a) If the property is not currency, the agency shall authorize a public or otherwise commercially reasonable sale of that property if the property is not required by law to be destroyed and is not harmful to the public.
(b) If the property forfeited is an alcoholic product as defined in Section 32B-1-102, the property shall be disposed of as follows:
(i) an alcoholic product shall be sold if the alcoholic product is:
(A) unadulterated, pure, and free from any crude, unrectified, or impure form of ethylic alcohol, or any other deleterious substance or liquid; and
(B) otherwise in saleable condition; or
(ii) an alcoholic product and the alcoholic product's package shall be destroyed if the alcoholic product is impure, adulterated, or otherwise unfit for sale.
(c) If the property forfeited is a cigarette or other tobacco product as defined in Section 59-14-102, the property shall be destroyed, except that the lawful holder of the trademark rights in the cigarette or tobacco product brand is permitted to inspect the cigarette before the destruction of the cigarette or tobacco product.
(d) The proceeds of the sale of forfeited property shall remain segregated from other property, equipment, or assets of the agency until transferred in accordance with this chapter.
(3) Before transferring currency and the proceeds or revenue from the sale of the property in accordance with this chapter, the agency shall:
(a) deduct the agency's direct costs, expense of reporting under Section 77-11b-404, and expense of obtaining and maintaining the property pending a forfeiture proceeding; and
(b) if the prosecuting agency that employed the prosecuting attorney has met the requirements of Subsection 77-11b-105(3), pay the prosecuting attorney the legal costs associated with the litigation of the forfeiture proceeding, and up to 20% of the value of the forfeited property in attorney fees.
(4) If the forfeiture arises from a violation relating to wildlife resources, the agency shall deposit any remaining currency and the proceeds or revenue from the sale of the property into the Wildlife Resources Account created in Section 23A-3-201.
(5) The agency shall transfer any remaining currency, the proceeds, or revenue from the sale of the property to the commission and deposited into the Criminal Forfeiture Restricted Account created in Section 77-11b-402.
Amended by Chapter 34, 2023 General Session
Renumbered and Amended by Chapter 448, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 11b - Forfeiture of Seized Property › Part 4 - Disposal and Allocation of Forfeited Property › Section 402 - Criminal Forfeiture Restricted Account.

Effective 5/3/2023
77-11b-402.
Criminal Forfeiture Restricted Account.
(1) There is created within the General Fund a restricted account known as the "Criminal Forfeiture Restricted Account."
(2) Except as provided in Section 77-11b-401, the commission shall deposit any proceeds from property forfeited through a forfeiture proceeding under this chapter into the Criminal Forfeiture Restricted Account.
(3) The Legislature shall appropriate money in the Criminal Forfeiture Restricted Account to the commission for the purpose of implementing the State Asset Forfeiture Grant Program described in Section 77-11b-403.
Renumbered and Amended by Chapter 448, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 11c - Retention of Evidence › Part 1 - General Provisions › Section 102 - Retention of evidence as an exhibit.

Effective 5/3/2023
77-11c-102.
Retention of evidence as an exhibit.
(1) If evidence is admitted as an exhibit for a court proceeding, the clerk of the court shall:
(a) retain the evidence; or
(b) return the evidence to the custody of the agency.
(2) Rule 4-206 of the Utah Code of Judicial Administration applies to evidence that is admitted as an exhibit in a court proceeding.
Enacted by Chapter 448, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 11c - Retention of Evidence › Part 1 - General Provisions › Section 103 - Disposal or return of evidence.

Effective 5/3/2023
77-11c-103.
Disposal or return of evidence.
When evidence is no longer subject to retention under this chapter, the agency shall:
(1) return evidence that is property to a claimant under Title 77, Chapter 11a, Part 3, Release of Seized Property to Claimant; or
(2) dispose of evidence that is property or contraband in accordance with Title 77, Chapter 11a, Part 4, Disposal of Seized Property and Contraband.
Enacted by Chapter 448, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 11c - Retention of Evidence › Part 2 - Retention of Evidence for Misdemeanor Offenses › Section 201 - Retention of evidence of misdemeanor offenses.

Effective 5/3/2023
77-11c-201.
Retention of evidence of misdemeanor offenses.
(1) An agency shall retain evidence of a misdemeanor offense for the longer of:
(a) the length of the statute of limitations for the offense if:
(i) no charges are filed for the offense; or
(ii) the offense remains unsolved;
(b) 60 days after the day on which any individual charged with the offense is acquitted if each individual charged with the offense is acquitted;
(c) 90 days after the day on which any individual is adjudicated for the offense if:
(i) each individual charged with the offense has been adjudicated;
(ii) there is no appeal pending in:
(A) an appellate court for any individual adjudicated for the offense; or
(B) the district court for a trial de novo for any individual adjudicated by a justice court for the offense; and
(iii) there is no post-trial motion pending in the court:
(A) for a new trial under Rule 24 of the Utah Rules of Criminal Procedure;
(B) to amend or make additional findings of fact under Rule 52(b) of the Utah Rules of Civil Procedure; or
(C) for relief under Rule 60(b) of the Utah Rules of Civil Procedure;
(d) 30 days after the day on which any individual is adjudicated by a district court for the offense on a trial de novo from the justice court if:
(i) each individual charged with the offense has been adjudicated by a justice court or a district court on a trial de novo from the justice court; and
(ii) there is no appeal pending in:
(A) an appellate court for any individual adjudicated for the offense; or
(B) the district court for a trial de novo for any individual adjudicated by a justice court for the offense; or
(e) 30 days after the day on which an appellate court issues a remittitur for an appeal of any individual adjudicated for the offense if:
(i) the appellate court's final decision upholds the individual's adjudication;
(ii) each individual charged with the offense has been adjudicated; and
(iii) there is no appeal pending in:
(A) an appellate court for any individual adjudicated for the offense; or
(B) the district court for a trial de novo for any individual adjudicated by a justice court for the offense.
(2) Subsection (1) does not require an agency to return or dispose of evidence of a misdemeanor offense.
(3) An agency shall ensure that evidence of a misdemeanor offense is subject to a continuous chain of custody.
Enacted by Chapter 448, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 11c - Retention of Evidence › Part 3 - Retention of Evidence for Felony Offenses › Section 301 - Retention of evidence for felony offenses.

Effective 5/3/2023
77-11c-301.
Retention of evidence for felony offenses.
(1) Except as provided in Subsection (4) and Subsection 23A-5-201(3), an agency shall retain evidence of a felony offense:
(a) at the discretion of the prosecuting attorney; or
(b) until all direct appeals and retrials are final.
(2) If the prosecuting attorney decides to retain control over the evidence of the felony offense in anticipation of possible collateral attacks upon the judgment or for use in a potential prosecution, the prosecuting attorney may decline to authorize the disposal of the evidence.
(3) An agency shall ensure that evidence of a felony offense is subject to a continuous chain of custody.
(4) An agency shall retain and preserve biological evidence of a violent felony offense in accordance with Part 4, Preservation of Biological Evidence for Violent Felony Offenses.
Renumbered and Amended by Chapter 448, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 11c - Retention of Evidence › Part 4 - Preservation of Biological Evidence for Violent Felony Offenses › Section 402 - Exceptions to preservation of biological evidence.

Effective 5/3/2023
77-11c-402.
Exceptions to preservation of biological evidence.
(1) As used in this section, "offense concerning driving under the influence" means:
(a) Section 41-6a-502;
(b) Section 41-6a-502.5;
(c) Section 41-6a-517;
(d) Section 41-6a-530;
(e) Section 76-5-102.1;
(f) Section 76-5-207; and
(g) a local ordinance similar to the offenses described in this Subsection (1).
(2) Section 77-11c-402 does not apply to biological evidence obtained during an investigation or prosecution for an offense concerning driving under the influence solely for toxicology purposes.
Renumbered and Amended by Chapter 448, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 11c - Retention of Evidence › Part 4 - Preservation of Biological Evidence for Violent Felony Offenses › Section 403 - Remedies for failure to preserve biological evidence.

Effective 5/3/2023
77-11c-403.
Remedies for failure to preserve biological evidence.
(1)
(a) Except as provided in Subsections (1)(b) and (2), if a court finds that biological evidence that reasonably could have been found to be exculpatory in a defendant's criminal case was not preserved in accordance with this chapter, the court may impose sanctions and remedies at the court's discretion, including:
(i) the grant of a new trial;
(ii) an instruction to the jury that evidence was not preserved as required by law;
(iii) the reduction of the sentence;
(iv) the dismissal of the criminal charge;
(v) the vacation of the conviction; or
(vi) the entry of a finding that because the evidence was not preserved in accordance with this chapter, a presumption exists that the evidence would have been exculpatory to the defendant.
(b) The provisions in Subsection (1)(a) apply only if:
(i) a defendant's appeal has not concluded;
(ii) a defendant's time for appeal has not expired; or
(iii) a defendant has received a new trial in accordance with Subsection (2)(b).
(2)
(a) A defendant shall seek relief under Title 78B, Chapter 9, Postconviction Remedies Act, if:
(i) the defendant alleges that the biological evidence that is the basis for the defendant's claim was not preserved in accordance with this chapter; and
(ii)
(A) the defendant's appeal has concluded; or
(B) the time for the defendant's appeal has expired.
(b) If a defendant obtains relief under Title 78B, Chapter 9, Postconviction Remedies Act, the provisions in Subsection (1) apply to the defendant's new trial.
Renumbered and Amended by Chapter 448, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 11d - Lost or Mislaid Property › Section 101 - Definitions.

Effective 5/3/2023
77-11d-101.
Definitions.
As used in this chapter:
(1) "Interest holder" means the same as that term is defined in Section 77-11a-101.
(2) "Lost or mislaid property":
(a) means any property that comes into the possession of a peace officer or law enforcement agency:
(i) that is not claimed by anyone who is identified as the owner of the property; or
(ii) for which no owner or interest holder can be found after a reasonable and diligent search;
(b) includes any property received by a peace officer or law enforcement agency from a person claiming to have found the property; and
(c) does not include property seized by a peace officer in accordance with Chapter 11a, Seizure of Property and Contraband.
(3) "Owner" means the same as that term is defined in Section 77-11a-101.
(4) "Public interest use" means:
(a) use by a governmental agency as determined by the agency's legislative body; or
(b) donation to a nonprofit charity registered with the state.
Renumbered and Amended by Chapter 448, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 11d - Lost or Mislaid Property › Section 102 - Disposition by police agency.

Effective 5/3/2023
77-11d-102.
Disposition by police agency.
All lost or mislaid property coming into the possession of a peace officer or law enforcement agency shall be turned over to, held, and disposed of only by the local law enforcement agency whose authority extends to the area where the item was found.
Renumbered and Amended by Chapter 448, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 11d - Lost or Mislaid Property › Section 103 - Statement of finder of property.

Effective 5/3/2023
77-11d-103.
Statement of finder of property.
(1) A person who finds lost or mislaid property and delivers it to a local law enforcement agency shall sign a statement included in a form provided by the agency, stating:
(a) the manner in which the property came into the person's possession, including the time, date, and place;
(b) that the person does not know who owns the property;
(c) that, to the person's knowledge, the property was not stolen;
(d) that the person's possession of the property is not unlawful; and
(e) any information the person is aware of which could lead to a determination of the owner.
(2) Additional information may be requested by the agency receiving the property, as necessary.
Renumbered and Amended by Chapter 448, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 11d - Lost or Mislaid Property › Section 104 - Locating owner of property.

Effective 5/3/2023
77-11d-104.
Locating owner of property.
(1) The local law enforcement agency shall take reasonable steps to determine the identity and location of the owner, and notify the owner that the property is in custody.
(2) The owner may obtain the property only by providing personal identification, identifying the property, and paying any costs incurred by the agency, including costs for advertising or storage.
Renumbered and Amended by Chapter 448, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 11d - Lost or Mislaid Property › Section 105 - Disposition of unclaimed property.

Effective 5/3/2023
77-11d-105.
Disposition of unclaimed property.
(1)
(a) If the owner of any lost or mislaid property cannot be determined or notified, or if the owner of the property is determined and notified, and fails to appear and claim the property after three months of the property's receipt by the local law enforcement agency, the agency shall:
(i) publish notice of the intent to dispose of the unclaimed property on Utah's Public Legal Notice Website established in Subsection 45-1-101(2)(b);
(ii) post a similar notice on the public website of the political subdivision within which the law enforcement agency is located; and
(iii) post a similar notice in a public place designated for notice within the law enforcement agency.
(b) The notice shall:
(i) give a general description of the item; and
(ii) the date of intended disposition.
(c) The agency may not dispose of the lost or mislaid property until at least eight days after the date of publication and posting.
(2)
(a) If no claim is made for the lost or mislaid property within nine days of publication and posting, the agency shall notify the person who turned the property over to the local law enforcement agency, if it was turned over by a person under Section 77-11d-103.
(b) Except as provided in Subsection (4), if that person has complied with the provisions of this chapter, the person may take the lost or mislaid property if the person:
(i) pays the costs incurred for advertising and storage; and
(ii) signs a receipt for the item.
(3) If the person who found the lost or mislaid property fails to take the property under the provisions of this chapter, the agency shall:
(a) apply the property to a public interest use as provided in Subsection (4);
(b) sell the property at public auction and apply the proceeds of the sale to a public interest use; or
(c) destroy the property if it is unfit for a public interest use or sale.
(4) Before applying the lost or mislaid property to a public interest use, the agency having possession of the property shall obtain from the agency's legislative body:
(a) permission to apply the property to a public interest use; and
(b) the designation and approval of the public interest use of the property.
(5) Any person employed by a law enforcement agency who finds property may not claim or receive property under this section.
Renumbered and Amended by Chapter 448, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 13 - Pleas › Section 1 - Kinds of pleas.

Effective 5/3/2023
77-13-1.
Kinds of pleas.
(1) There are five kinds of pleas to an indictment or information:
(a) not guilty;
(b) guilty;
(c) no contest;
(d) not guilty by reason of insanity; and
(e) guilty with a mental condition at the time of the offense.
(2) An alternative plea of not guilty or not guilty by reason of insanity may be entered.
Amended by Chapter 184, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 13 - Pleas › Section 2 - Record of plea -- Effect of each kind of plea.

77-13-2.
Record of plea -- Effect of each kind of plea.
Every plea shall be entered upon the record of the court and shall have the following effect:
(1) A plea of not guilty is a denial of the guilt of the accused and puts in issue every material allegation of the information or indictment;
(2) A plea of guilty is an acknowledgment that the accused is guilty of the offense charged; and
(3) A plea of no contest indicates the accused does not challenge the charges in the information or indictment and if accepted by the court shall have the same effect as a plea of guilty and imposition of sentence may be rendered in the same manner as if a plea of guilty had been entered.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 13 - Pleas › Section 3 - Court approval of no contest plea required.

77-13-3.
Court approval of no contest plea required.
A plea of no contest may be entered by the accused only upon approval of the court and only after due consideration of the views of the parties and the interest of the public in the effective administration of justice.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 13 - Pleas › Section 6 - Withdrawal of plea.

77-13-6.
Withdrawal of plea.
(1) A plea of not guilty may be withdrawn at any time prior to conviction.
(2)
(a) A plea of guilty or no contest may be withdrawn only upon leave of the court and a showing that it was not knowingly and voluntarily made.
(b) A request to withdraw a plea of guilty or no contest, except for a plea held in abeyance, shall be made by motion before sentence is announced. Sentence may not be announced unless the motion is denied. For a plea held in abeyance, a motion to withdraw the plea shall be made within 30 days of pleading guilty or no contest.
(c) Any challenge to a guilty plea not made within the time period specified in Subsection (2)(b) shall be pursued under Title 78B, Chapter 9, Postconviction Remedies Act, and Rule 65C, Utah Rules of Civil Procedure.
Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 14 - Defenses › Section 1 - Time and place of alleged offense -- Specification.

77-14-1.
Time and place of alleged offense -- Specification.
The prosecuting attorney, on timely written demand of the defendant, shall within 10 days, or such other time as the court may allow, specify in writing as particularly as is known to him the place, date and time of the commission of the offense charged.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 14 - Defenses › Section 2 - Alibi -- Notice requirements -- Witness lists.

77-14-2.
Alibi -- Notice requirements -- Witness lists.
(1) A defendant, whether or not written demand has been made, who intends to offer evidence of an alibi shall, not less than 10 days before trial or at such other time as the court may allow, file and serve on the prosecuting attorney a notice, in writing, of his intention to claim alibi. The notice shall contain specific information as to the place where the defendant claims to have been at the time of the alleged offense and, as particularly as is known to the defendant or his attorney, the names and addresses of the witnesses by whom he proposes to establish alibi. The prosecuting attorney, not more than five days after receipt of the list provided herein or at such other time as the court may direct, shall file and serve the defendant with the addresses, as particularly as are known to him, of the witnesses the state proposes to offer to contradict or impeach the defendant's alibi evidence.
(2) The defendant and prosecuting attorney shall be under a continuing duty to disclose the names and addresses of additional witnesses which come to the attention of either party after filing their alibi witness lists.
(3) If a defendant or prosecuting attorney fails to comply with the requirements of this section, the court may exclude evidence offered to establish or rebut alibi. However, the defendant may always testify on his own behalf concerning alibi.
(4) The court may, for good cause shown, waive the requirements of this section.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 14 - Defenses › Section 4 - Insanity or diminished mental capacity -- Notice requirement.

Effective 5/14/2019
77-14-4.
Insanity or diminished mental capacity -- Notice requirement.
(1) If a defendant intends to offer evidence that the defendant is not guilty as a result of insanity or that the defendant had diminished mental capacity, or intends to offer evidence in mitigation of a criminal homicide or attempted criminal homicide offense under Subsection 76-5-205.5(2)(a), the defendant shall file and serve the prosecuting attorney with written notice of the intention to claim the defense at the time of arraignment or as soon afterward as practicable, but not less than 30 days before the trial.
(2) If the court receives notice that a defendant intends to claim that the defendant is not guilty by reason of insanity or that the defendant had diminished mental capacity, the court shall proceed in accordance with the requirements described in Section 77-16a-301.
Amended by Chapter 312, 2019 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 15 - Inquiry into Sanity of Defendant › Section 1 - Incompetent individual not to be tried for public offense.

Effective 5/8/2018
77-15-1.
Incompetent individual not to be tried for public offense.
An individual who is incompetent to proceed may not be tried for a public offense.
Amended by Chapter 147, 2018 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 15 - Inquiry into Sanity of Defendant › Section 2 - Definitions.

Effective 5/3/2023
77-15-2.
Definitions.
As used in this chapter:
(1) "Competency evaluation" means an evaluation conducted by a forensic evaluator to determine if an individual is competent to stand trial.
(2) "Competent to stand trial" means that a defendant has:
(a) a rational and factual understanding of the criminal proceedings against the defendant and of the punishment specified for the offense charged; and
(b) the ability to consult with the defendant's legal counsel with a reasonable degree of rational understanding in order to assist in the defense.
(3) "Department" means the Department of Health and Human Services.
(4) "Forensic evaluator" means a licensed mental health professional who:
(a) is not involved in the defendant's treatment;
(b) is trained and qualified by the department to conduct a competency evaluation, a restoration screening, and a progress toward competency evaluation, based on knowledge, experience, or education relating to:
(i) intellectual functioning or psychopathology; and
(ii) the legal system and the rights of a defendant in a criminal trial; and
(c) if under contract with the department, demonstrates ongoing education and training relating to forensic mental health in accordance with rules established by the department in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(5) "Incompetent to proceed" means that a defendant is not competent to stand trial as a result of:
(a) mental illness; or
(b) intellectual disability.
(6) "Intellectual disability" means an intellectual disability as defined in the current edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association.
(7) "Mental illness" means the same as that term is defined in Section 26B-5-301.
(8) "Petition" means a petition to request a court to determine whether a defendant is competent to stand trial.
(9) "Progress toward competency evaluation" means an evaluation to determine whether an individual who is receiving restoration treatment is:
(a) competent to stand trial;
(b) incompetent to proceed but has a substantial probability of becoming competent to stand trial in the foreseeable future; or
(c) incompetent to proceed and does not have a substantial probability of becoming competent to stand trial in the foreseeable future.
(10) "Restoration treatment" means training and treatment that is:
(a) provided to an individual who is incompetent to proceed;
(b) tailored to the individual's particular impairment to competency; and
(c) limited to the purpose of restoring the individual to competency.
Amended by Chapter 171, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 15 - Inquiry into Sanity of Defendant › Section 3 - Petition for inquiry regarding defendant or prisoner -- Filing -- Contents.

Effective 5/8/2018
77-15-3.
Petition for inquiry regarding defendant or prisoner -- Filing -- Contents.
(1) When a defendant charged with a public offense or serving a sentence of imprisonment is incompetent to proceed, an individual described in Subsection (2)(b) may file a petition in the district court of the county where the charge is pending or where the defendant is confined.
(2)
(a) The petition shall contain a certificate that it is filed in good faith and on reasonable grounds to believe the defendant is incompetent to proceed. The petition shall contain a recital of the facts, observations, and conversations with the defendant that have formed the basis for the petition. If filed by defense counsel, the petition may not disclose information in violation of the attorney-client privilege.
(b) The petition may be based upon knowledge or information and belief and may be filed by the defendant, any person acting on behalf of the defendant, the prosecuting attorney, or any person having custody or supervision over the defendant.
Amended by Chapter 147, 2018 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 15 - Inquiry into Sanity of Defendant › Section 3.5 - Incompetent to proceed in misdemeanor cases.

Effective 5/3/2023
77-15-3.5.
Incompetent to proceed in misdemeanor cases.
(1) When a defendant charged with a misdemeanor may be incompetent to proceed, any petition shall be filed in accordance with Section 77-15-3.
(2) If the most severe charge against a defendant is a misdemeanor and the defendant is adjudicated by a court as incompetent to proceed:
(a) the department shall provide restoration treatment to the defendant; and
(b) the court may refer the defendant to pretrial diversion services, upon agreement of the prosecution and defense counsel.
(3) Unless the prosecutor or another individual indicates that civil commitment proceedings will be initiated under Subsection 77-15-6(5)(c), a court shall release a defendant who is incompetent to proceed if:
(a) the most severe charge against the defendant is a class B misdemeanor;
(b) more than 60 days have passed after the day on which the court adjudicated the defendant incompetent to proceed; and
(c) the defendant is not restored to competency.
(4) The department shall provide restoration treatment to the defendant within the timeframe described in Subsection (3)(b).
(5) The court may, but is not required to, dismiss the charges against a defendant who was released under Subsection (3).
Amended by Chapter 171, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 15 - Inquiry into Sanity of Defendant › Section 4 - Court may raise issue of competency at any time.

Effective 5/8/2018
77-15-4.
Court may raise issue of competency at any time.
The court in which a charge is pending may raise the issue of a defendant's competency at any time. If raised by the court, the court shall permit counsel for each party to address the issue of competency.
Amended by Chapter 147, 2018 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 15 - Inquiry into Sanity of Defendant › Section 7 - Statute of limitations and speedy trial -- Effect of incompetency of defendant.

Effective 5/8/2018
77-15-7.
Statute of limitations and speedy trial -- Effect of incompetency of defendant.
(1) The statute of limitations is tolled during any period in which the defendant is adjudicated incompetent to proceed.
(2) Any period of time during which the defendant has been adjudicated incompetent to proceed and any period during which the defendant is being evaluated for competency may not be computed in determining the defendant's speedy trial rights.
Amended by Chapter 147, 2018 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 15 - Inquiry into Sanity of Defendant › Section 8 - Bail exonerated on commitment of defendant.

77-15-8.
Bail exonerated on commitment of defendant.
When a defendant awaiting trial is committed to a mental health facility, bail shall be exonerated.
Enacted by Chapter 15, 1980 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 15 - Inquiry into Sanity of Defendant › Section 9 - Expenses.

Effective 5/8/2018
77-15-9.
Expenses.
(1) In determining the competence of a defendant to proceed, expenses of examination, observation, or treatment, excluding travel to and from any mental health facility, shall be charged to the department when the offense is a state offense. Travel expenses incurred by the defendant shall be charged to the county where prosecution is commenced. Examination of a defendant on local ordinance violations shall be charged by the department to the municipality or county commencing the prosecution.
(2) When examination is initiated by the court or on motion of the prosecutor, expenses of commitment and treatment of the defendant, if the defendant is determined to be incompetent to proceed, shall also be charged to the department.
(3) Expenses of examination, treatment, or confinement in a mental health facility for any individual who has been convicted of a crime and placed in a state correctional facility shall be charged to the Department of Corrections.
(4) If, after evaluation, the court determines that a defendant is competent to stand trial, all subsequent costs are charged to the county commencing prosecution. If the defendant requested the examination and is found to be competent to stand trial by the court, the department may recover the expenses of the examination from the defendant.
Amended by Chapter 147, 2018 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 15a - Exemptions From Death Penalty In Capital Cases › Section 101 - Intellectually disabled defendant not subject to death penalty -- Defendant with subaverage functioning not subject to death penalty if confession not corroborated.

Effective 5/10/2016
77-15a-101.
Intellectually disabled defendant not subject to death penalty -- Defendant with subaverage functioning not subject to death penalty if confession not corroborated.
(1) A defendant who is found by the court to be intellectually disabled as defined in Section 77-15a-102 is not subject to the death penalty.
(2) A defendant who does not meet the definition of intellectually disabled under Section 77-15a-102 is not subject to the death penalty if:
(a) the defendant has significantly subaverage general intellectual functioning that exists concurrently with significant deficiencies in adaptive functioning;
(b) the functioning described in Subsection (2)(a) is manifested prior to age 22; and
(c) the state intends to introduce into evidence a confession by the defendant which is not supported by substantial evidence independent of the confession.
Amended by Chapter 115, 2016 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 15a - Exemptions From Death Penalty In Capital Cases › Section 102 - "Intellectually disabled" defined.

Effective 5/10/2016
77-15a-102.
"Intellectually disabled" defined.
As used in this chapter, a defendant is " intellectually disabled" if:
(1) the defendant has significant subaverage general intellectual functioning that results in and exists concurrently with significant deficiencies in adaptive functioning that exist primarily in the areas of reasoning or impulse control, or in both of these areas; and
(2) the subaverage general intellectual functioning and the significant deficiencies in adaptive functioning under Subsection (1) are both manifested prior to age 22.
Amended by Chapter 115, 2016 General Session