Full text of Utah Utah Code § 11a-304 — Release of seized property to innocent owner or interest holder., with citation guidance and answers to common questions.
§ 11a-304. Release of seized property to innocent owner or interest holder.
Effective 5/3/2023
77-11a-304.
Release of seized property to innocent owner or interest holder.
| (1) |
| (a) |
Except for property required to be retained or preserved under Chapter 11c, Retention of Evidence, a claimant alleged to be an innocent owner or an interest holder may recover possession of seized property by:
| (i) |
submitting a written request with the seizing agency before the later of:
| (A) |
the commencement of a civil forfeiture proceeding under Section 77-11b-302; or |
| (B) |
30 days after the day on which the property was seized; and |
|
| (ii) |
providing the seizing agency with:
| (A) |
evidence that establishes proof of ownership; and |
| (B) |
a brief description of the date, time, and place that the claimant mislaid or relinquished possession of the seized property, or any evidence that the claimant is an innocent owner or an interest holder. |
|
|
| (b) |
If a seizing agency receives a claim under Subsection (1)(a), the seizing agency shall issue a written response to the claimant within 30 days after the day on which the seizing agency receives the claim. |
| (c) |
A response under Subsection (1)(b) from the seizing agency shall indicate whether the claim has been granted, denied on the merits, or denied for failure to provide the information required by Subsection (1)(a)(ii). |
| (d) |
| (i) |
If a seizing agency denies a claim for failure to provide the information required by Subsection (1)(a)(ii), the claimant has 15 days after the day on which the claim is denied to submit additional information. |
| (ii) |
If a prosecuting attorney has not filed a civil action seeking to forfeit the property under Section 77-11b-302, and a seizing agency has denied a claim for failure to provide the information required by Subsection (1)(a)(ii), the prosecuting attorney may not commence a civil action until:
| (A) |
the claimant has submitted information under Subsection (1)(d)(i); or |
| (B) |
the deadline for the claimant to submit information under Subsection (1)(d)(i) has passed. |
|
|
| (e) |
If a seizing agency fails to issue a written response within 30 days after the day on which the seizing agency receives the response, the seizing agency shall return the property. |
|
| (2) |
If a claim under Subsection (1)(a) is granted, or the property is returned because the seizing agency fails to respond within 30 days, a claimant may not receive any expenses, costs, or attorney fees for the returned property. |
| (3) |
A claimant may collect reasonable attorney fees and court costs if:
| (a) |
a claimant filed a claim under Subsection (1)(a); |
| (b) |
the seizing agency denies the claim on the merits; and |
| (c) |
a court determines that the claimant is an innocent owner or an interest holder in a civil asset forfeiture proceeding. |
|
| (4) |
If a court grants reasonable attorney fees and court costs, the amount of the attorney fees begins to accrue from the day on which the seizing agency denied the claim. |
| (5) |
If the court grants reasonable attorney fees and court costs under Subsection (3), the attorney fees and court costs are not subject to the 50% cap under Subsection 77-11b-305(2). |
| (6) |
A communication between parties regarding a claim submitted under Subsection (3) and any evidence provided to the parties in connection with a claim is subject to the Utah Rules of Evidence, Rules 408 and 410. |
Renumbered and Amended by Chapter
448, 2023 General Session
Frequently Asked Questions About Utah § 11a-304
What does Utah Code § 11a-304 cover?
Section 11a-304 ("Release of seized property to innocent owner or interest holder.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 11a-304?
A common citation format is "Utah Code § 11a-304" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 11a-304 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
