Current through the 2024 Fourth Special Session
Section 77-11a-204 - Custody of seized property and contraband(1) An agency with custody of seized property or contraband shall: (a) hold the property or contraband in safe custody until the property or contraband is returned or disposed of in accordance with:(ii) Chapter 11c, Retention of Evidence; and(b) maintain a record of the property or contraband, including: (i) a detailed inventory of all property or contraband seized;(ii) the name of the person from which the property or contraband was seized; and(iii) the agency's case number.(2)(a) Except as provided in Subsection (2)(b), no later than 30 days after the day on which a peace officer seizes property in the form of cash or other readily negotiable instruments, an agency shall deposit the property into a separate, restricted, interest-bearing account maintained by the agency solely for the purpose of managing and protecting the property from commingling, loss, or devaluation.(b) A prosecuting attorney may authorize one or more written extensions of the 30-day period under Subsection (2)(a) if the property needs to maintain the form in which the property was seized for evidentiary purposes or other good cause.(3) An agency shall: (a) have written policies for the identification, tracking, management, and safekeeping of seized property and contraband; and(b) shall have a written policy that prohibits the transfer, sale, or auction of seized property and contraband to an employee of the agency.Amended by Chapter 150, 2024 General Session ,§ 2, eff. 5/1/2024.Renumbered from § 24-2-104 and amended by Chapter 448, 2023 General Session ,§ 27, eff. 5/3/2023.Amended by Chapter 274, 2022 General Session ,§ 14, eff. 5/4/2022.Amended by Chapter 120, 2022 General Session ,§ 1, eff. 5/4/2022.Added by Chapter 230, 2021 General Session ,§ 6, eff. 5/5/2021.