§ 24-4-103. Initiating forfeiture proceedings -- Notice of intent to seek forfeiture.

(1)

(a) Within 30 days from the date that property is seized, an agency seeking to forfeit property shall serve a notice of intent to seek forfeiture upon any claimants known to the agency.

(b) The notice of intent to seek forfeiture shall describe the:

(i) date of the seizure;

(ii) property seized;

(iii) claimant's rights and obligations under this chapter, including the availability of hardship relief in appropriate circumstances; and

(iv) statutory basis for the forfeiture, including the judicial proceedings by which property may be forfeited under this chapter.

(c) The notice of intent to seek forfeiture shall be served by:

(i) certified mail, return receipt requested, to the claimant's known address; or

(ii) personal service.

(d) The court may void any forfeiture made without notice under Subsection (1)(a), unless the agency demonstrates:

(i) good cause for the failure to give notice to the claimant; or

(ii) that the claimant had actual notice of the seizure.

(2)

(a) Once the agency has served each claimant with a notice of intent to seek forfeiture, but no later than 60 days from the date that property is seized, the agency shall present a written request for forfeiture to the prosecuting attorney.

(b) The written request shall:

(i) describe the property to be forfeited; and

(ii) include a copy of all reports, supporting documents, and other evidence necessary for the prosecuting attorney to determine the legal sufficiency for filing a forfeiture action.

Enacted by Chapter 394, 2013 General Session