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UTAH STATUTES AND CODES
24-1-17 - Disposition and allocation of forfeiture property.
24-1-17. Disposition and allocation of forfeiture property.
(1) Upon finding that property is subject to forfeiture under this chapter, the court shallorder the property forfeited to the state, and the seizing agency shall then:
(a) make the payments as required under this chapter; and
(b) transfer possession, custody, and control of the net forfeiture property or proceedsimmediately to the Criminal Forfeiture Restricted Account created under Section 24-1-18.
(2) If the forfeiture arises from any violation of Section 23-20-1 relating to wildliferesources, the court shall:
(a) direct that the legal costs of the forfeiture proceeding be paid to the prosecutingagency; and
(b) direct that the net forfeited property after the legal costs shall be deposited in theWildlife Resources Account created in Section 23-14-13.
(3) (a) Prior to transferring forfeited property, the seizing agency shall authorize a publicor otherwise commercially reasonable sale of that property which is not required by law to bedestroyed and that is not harmful to the public.
(b) The proceeds of the forfeited property shall remain segregated from other property,equipment, or assets of the seizing agency until transferred to the state in accordance with thischapter.
(4) From the forfeited property, both currency and the proceeds or revenue from theproperty, the seizing agency shall:
(a) deduct the seizing agency's direct costs and expenses, as approved by the court, ofobtaining and maintaining the property pending forfeiture; and
(b) pay the legal costs to the prosecuting agency for the prosecution of the forfeitureproceeding.
(5) The remaining forfeited property shall then be deposited in the Criminal ForfeitureRestricted Account created in Section 24-1-18.
(6) All property and proceeds awarded to the state through forfeiture proceedings underthis chapter shall be deposited in the Criminal Forfeiture Restricted Account created in Section24-1-18.
(1) Upon finding that property is subject to forfeiture under this chapter, the court shallorder the property forfeited to the state, and the seizing agency shall then:
(a) make the payments as required under this chapter; and
(b) transfer possession, custody, and control of the net forfeiture property or proceedsimmediately to the Criminal Forfeiture Restricted Account created under Section 24-1-18.
(2) If the forfeiture arises from any violation of Section 23-20-1 relating to wildliferesources, the court shall:
(a) direct that the legal costs of the forfeiture proceeding be paid to the prosecutingagency; and
(b) direct that the net forfeited property after the legal costs shall be deposited in theWildlife Resources Account created in Section 23-14-13.
(3) (a) Prior to transferring forfeited property, the seizing agency shall authorize a publicor otherwise commercially reasonable sale of that property which is not required by law to bedestroyed and that is not harmful to the public.
(b) The proceeds of the forfeited property shall remain segregated from other property,equipment, or assets of the seizing agency until transferred to the state in accordance with thischapter.
(4) From the forfeited property, both currency and the proceeds or revenue from theproperty, the seizing agency shall:
(a) deduct the seizing agency's direct costs and expenses, as approved by the court, ofobtaining and maintaining the property pending forfeiture; and
(b) pay the legal costs to the prosecuting agency for the prosecution of the forfeitureproceeding.
(5) The remaining forfeited property shall then be deposited in the Criminal ForfeitureRestricted Account created in Section 24-1-18.
(6) All property and proceeds awarded to the state through forfeiture proceedings underthis chapter shall be deposited in the Criminal Forfeiture Restricted Account created in Section24-1-18.
Enacted by Chapter 296, 2004 General Session
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