§ 24-3-103. Property no longer needed as evidence -- Disposition of property.

(1) When the prosecuting attorney determines that property no longer needs to be held as evidence, the prosecuting attorney may:

(a) petition the court to apply any property that is money towards restitution, fines, fees, or monetary judgments owed by the owner of the property;

(b) petition the court for an order transferring ownership of any weapons to the seizing agency for its use and disposal as the seizing agency determines, if the owner:

(i) is the person who committed the crime for which the weapon was seized; or

(ii) may not lawfully possess the weapon; or

(c) notify the agency that has possession of the property that the property may be:

(i) returned to the rightful owner, if the rightful owner may lawfully possess it; or

(ii) disposed of, if the property is contraband.

(2) The agency shall exercise due diligence in attempting to notify the rightful owner of the property to advise the owner that the property is to be returned.

(3)

(a) Before the agency may release property to a person claiming ownership of the property, the person shall establish to the agency pursuant to Subsection (3)(b) that the person:

(i) is the rightful owner; and

(ii) may lawfully possess the property.

(b) The person shall establish ownership under Subsection (3)(a) by providing to the agency:

(i) identifying proof or documentation of ownership of the property; or

(ii) a notarized statement, if proof or documentation is not available.

(4)

(a) When property is returned to the owner, a receipt listing in detail the property returned shall be signed by the owner.

(b) The receipt shall be retained by the agency and a copy shall be provided to the owner.

(5) If the agency is unable to locate the rightful owner of the property or if the rightful owner is not entitled to lawfully possess the property, the agency may:

(a) apply the property to a public interest use;

(b) sell the property at public auction and apply the proceeds of the sale to a public interest use; or

(c) destroy the property if it is unfit for a public interest use or for sale.

(6) Before applying the property or the proceeds from the sale of the property to a public interest use, the agency shall obtain from the legislative body of its jurisdiction:

(a) permission to apply the property or the proceeds to public interest use; and

(b) the designation and approval of the public interest use of the property or the proceeds.

Enacted by Chapter 394, 2013 General Session