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[Utah Code Table of Contents]
[TITLE 77. Table of Contents]
77-24-1 Definitions.
As used in this chapter:
(1) "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.
(2) "Property" means any tangible or intangible property that is not seized for forfeiture pursuant to Title 24, Chapter 1, Utah Uniform Forfeiture Procedures Act, that:
(a) comes into the possession of a peace officer through execution of a search warrant;
(b) comes into the possession of a peace officer pursuant to an arrest of a person, with or without a warrant;
(c) is received or taken as evidence in connection with any public offense; or
(d) comes into the possession of a municipal or county animal control officer.
(3) "Tangible property" means all property that is not
intangible property.
2005
77-24-1.5 Safekeeping by officer pending disposition - Records required - Stray animals.
(1) Each peace officer shall:
(a) hold all 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 property that identifies:
(i) the owner of the 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.
2005
77-24-2 Property not needed as evidence - Return procedure.
(1) Property which is not needed as evidence shall be returned to the owner, if the owner may lawfully possess it, or disposed of in accordance with this chapter.
(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 inform the prosecuting attorney that the property is not needed and provide a description and details of ownership.
(b) When the prosecuting attorney is informed or otherwise becomes aware that the property is not needed as evidence, the prosecutor shall authorize release of the property to the owner.
(c) When the peace officer or the officer's employing agency becomes aware that any property is to be returned to its owner, the officer or employing agency shall exercise due diligence in attempting to notify the rightful owner that the property is to be returned.
(d) If the property is a weapon, the peace officer shall dispose of it in accordance with Section 76-10-525 .
(e) (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 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. If the property was seized for forfeiture, it shall be held and disposed of as provided in Title 24, Chapter 1, Utah Uniform Forfeiture Procedures Act.
(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.
2005
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 Disposition of property.
(1) As used in this section, "public interest use" includes:
(a) use by a government agency as determined by the legislative body of the agency's jurisdiction; and
(b) donation to a bona fide charity.
(2) If the property is not claimed by the owner following the notice or attempted notice required in Section 77-24-2 , or if the owner is unknown and no claim of ownership has been made, the agency having possession of the property may:
(a) appropriate the property to public interest use as provided in Subsection (3);
(b) sell the property at public auction, as provided by law and appropriate the proceeds of the sale to public interest use; or
(c) destroy the property if unfit for sale.
(3) Before appropriating the property to 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 to public interest use; and
(b) the designation and approval of the public interest use of the property.
(4) A person claiming ownership of property seized as evidence in a criminal matter may petition the court for its return. After sufficient notice is given to the prosecutor, the court may order that the property be:
(a) returned to the rightful owner as determined by the court;
(b) applied toward restitution, fines, or fees in an amount set by the court;
(c) converted to public interest use; or
(d) destroyed.
(5) Property ordered returned to the rightful owner shall
be returned as expeditiously as possible.
2005
77-24-5 Property seized from person - Duplicate receipts.
(1) 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.
(2) If the property is seized for forfeiture, a written notice pursuant to Section 24-1-4 may serve as the receipt, and a duplicate filed in the office of the agency employing the officer.
(3) If 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.
2005
