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[Utah Code Table of Contents]
[TITLE 77. Table of Contents]
77-24-1 Definitions.
As used in this chapter:
(1) "Custodial property" means tangible property:
(a) that comes into the possession of a peace officer through execution of a search warrant;
(b) that comes into the possession of a peace officer pursuant to an arrest of a person, with or without a warrant;
(c) that he received or took as evidence in connection with any public offense; or
(d) that comes into the possession of a municipal or county animal control officer.
(2) "Intangible property" means:
(a) money, checks, drafts, deposits, interest, dividends, and income;
(b) credit balances, customer overpayments, gift certificates, security deposits, refunds, credit memos, unpaid wages, unused airline tickets, and unidentified remittances;
(c) stocks and other intangible ownership interests in business associations;
(d) money deposited to redeem stocks, bonds, coupons, and other securities or to make distributions;
(e) amounts due and payable under the terms of insurance policies; and
(f) amounts distributable from a trust or custodial fund established under a plan to provide health, welfare, pension, vacation, severance, retirement, death, stock purchase, profit sharing, employee savings, supplemental unemployment insurance, or similar benefits.
(3) "Tangible property" means all property that is not
intangible property.
1995
77-24-1.5 Safekeeping by officer pending disposition - Records required - Stray animals.
(1) Each peace officer shall:
(a) hold custodial property in safe custody:
(i) until it is received into evidence; or
(ii) if it is not used as evidence, until it can be disposed of as provided in this chapter; and
(b) maintain a proper record of the custodial property that identifies:
(i) the owner of the custodial property, if known; and
(ii) the case for which it was taken or received and is being held.
(2) (a) Each municipal or county animal control officer shall hold any unidentified or unclaimed stray dog or stray cat in safe and humane custody for a minimum of three working days after the time of impound prior to making any final disposition of the animal, including:
(i) placement in an adoptive home or other transfer of the animal, which shall be in compliance with Title 10, Chapter 17, Municipal Animal Shelter Pet Sterilization Act, or Title 17, Chapter 42, County Animal Shelter Pet Sterilization Act; or
(ii) euthanasia.
(b) An unidentified or unclaimed stray dog or stray cat may be euthanized prior to the completion of the three working day minimum holding period to prevent unnecessary suffering due to serious injury or disease, if the euthanasia is in compliance with written established agency or department policies and procedures, and with any local ordinances allowing the destruction.
(c) An unidentified or unclaimed stray dog or stray cat shall be returned to its owner upon:
(i) proof of ownership;
(ii) compliance with requirements of local animal control ordinances; and
(iii) compliance with Title 10, Chapter 17, Municipal
Animal Shelter Pet Sterilization Act, or Title 17, Chapter
42, County Animal Shelter Pet Sterilization Act.
1998
77-24-2 Return of property not needed as evidence - Procedure.
(1) Custodial property which is not needed as evidence shall be returned to the owner in accordance with this chapter if the owner may lawfully possess it.
(2) (a) When the peace officer or the officer's employing agency becomes aware that the property is not needed as evidence, the officer or the agency shall advise the prosecuting attorney that the property is not needed and shall provide a description and details of ownership.
(b) When the prosecuting attorney is advised or otherwise becomes aware that the property is not needed as evidence, the prosecutor shall authorize release of the property to the owner.
(c) (i) Upon proof of ownership and of lawfulness of possession satisfactory to the evidence custodian, the custodian shall release the property to the owner.
(ii) If the evidence custodian is unable to locate an owner of the property or if the owner is not entitled to lawfully possess the property, the agency having custody of the property shall dispose of the property in accordance with Section 77-24-4 .
(3) (a) When custodial property is received in evidence, the clerk of the court last receiving it shall retain the property or the clerk shall return the property to the custody of the peace officer. The property shall be retained by the clerk or the officer until all direct appeals and retrials are final, at which time the property shall be returned to the owner in accordance with this chapter.
(b) If the prosecuting attorney considers it necessary
to retain control over the evidence, in anticipation of possible
collateral attacks upon the judgment or for use in a potential
prosecution, he may decline to authorize return of the property
to the owner.
2003
77-24-3 Receipt from owner of returned property.
Whenever property is returned to the owner, a receipt
shall be taken from him listing in detail the property returned.
The receipt shall be retained as a permanent record in the
files of the agency involved or the court where the case
is finally resolved.
1980
77-24-4 Sale of unclaimed property - Disposition of proceeds.
(1) As used in this section, "public interest use" includes:
(a) use by a government agency; and
(b) donation to a bona fide charity.
(2) If the custodial property is not claimed by the owner before the expiration of three months from the receipt of notice, or if the owner is unknown and no claim of ownership has been made, the agency having possession of the custodial property may either:
(a) appropriate the property for public interest use as provided in Subsection (3); or
(b) sell the property at public auction, as provided by law and appropriate the proceeds of the sale to its own use.
(3) Before appropriating the custodial property for public interest use, the agency having possession of the property shall obtain from the legislative body of its jurisdiction:
(a) permission to appropriate the property; and
(b) the designation and approval of the public interest
use of the property.
1992
77-24-5 Property seized from person - Duplicate receipts.
When tangible or intangible property is seized with or
without a warrant, the peace officer seizing it shall at
the time deliver a receipt to the person from whom it is
taken and file a duplicate in the office of the agency employing
the officer. If the custody of the property is transferred
to another police agency or the property is placed in evidence,
a copy of the receipt shall accompany it until disposition
of the property is made in accordance with applicable law.
1992
