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UT SB0120

UT SB0120
Property and Contraband Amendments


summary

Introduced
01/23/2023
In Committee
02/22/2023
Crossed Over
02/09/2023
Passed
03/09/2023
Dead
Signed/Enacted/Adopted
03/20/2023

Introduced Session

2023 General Session

Bill Summary

Property and Contraband Amendments

AI Summary

This bill makes several key changes to property seizure and forfeiture laws in Utah: - It renames and reorganizes the existing "Forfeiture and Disposition of Property Act" into two new chapters - "Seizure of Property and Contraband" and "Forfeiture of Seized Property." This clarifies the process for seizing property versus forfeiting it. - It establishes new procedures for releasing seized property to claimants, including allowing claimants to post a bond to obtain return of property and providing for hardship exceptions where continued possession would cause substantial hardship. - It clarifies that an agency cannot forfeit property of an "innocent owner" who did not know about or consent to the illegal use of the property. - It creates a new "Criminal Forfeiture Restricted Account" to hold proceeds from forfeited property, to be used for a new "State Asset Forfeiture Grant Program" to fund crime prevention, victim services, and law enforcement activities. - It establishes detailed new requirements for retaining and disposing of evidence, including special provisions for preserving biological evidence in violent felony cases. - It makes various other changes to forfeiture procedures, reporting requirements, and allocation of forfeited property. Overall, the bill aims to strengthen protections for property owners while still enabling law enforcement to seize and forfeit property connected to criminal activity.

Committee Categories

Justice

Sponsors (2)

Last Action

Governor Signed in Lieutenant Governor's office for filing (on 03/20/2023)

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