24-1-3 - Definitions.
24-1-3. Definitions.
As used in this section:
(1) "Account" means the Criminal Forfeiture Restricted Account created in Section24-1-18.
(2) "Agency" means any agency of municipal, county, or state government, including lawenforcement agencies, law enforcement personnel, and multi-jurisdictional task forces.
(3) "Claimant" means:
(a) any owner of property as defined in this section;
(b) any interest holder as defined in this section; and
(c) any other person or entity who asserts a claim to any property seized for forfeitureunder this section.
(4) "Complaint" means a civil complaint seeking the forfeiture of any real or personalproperty pursuant to this chapter.
(5) "Constructive seizure" means a seizure of property where the property is left in thecontrol of the owner and the seizing agency posts the property with notice of seizure by thatagency for forfeiture.
(6) "Contraband" means any property, item, or substance which is unlawful to produce orto possess under state or federal law.
(7) (a) "Innocent owner" means an owner or interest holder who held an ownership
interest in property at the time the conduct subjecting the property to seizure occurred, and:
(i) did not have actual knowledge of the conduct subjecting the property to seizure; or
(ii) upon learning of the conduct subjecting the property to seizure, took reasonable stepsto prohibit the illegal use of the property.
(b) "Innocent owner" means an owner or interest holder who acquired an ownershipinterest in the property and who had no knowledge that the illegal conduct subjecting theproperty to seizure had occurred or that the property had been seized for forfeiture, and:
(i) acquired the property in a bona fide transaction for value;
(ii) was a person, including a minor child, who acquired an interest in the propertythrough probate or inheritance; or
(iii) was a spouse who acquired an interest in property through dissolution of marriage orby operation of law.
(8) (a) "Interest holder" means a secured party as defined in Section 70A-9a-102, amortgagee, lien creditor, or the beneficiary of a security interest or encumbrance pertaining to aninterest in property, whose interest would be perfected against a good faith purchaser for value.
(b) "Interest holder" does not mean a person who holds property for the benefit of or asan agent or nominee for another person, or who is not in substantial compliance with any statuterequiring an interest in property to be recorded or reflected in public records in order to perfectthe interest against a good faith purchaser for value.
(9) "Legal costs" means the costs and expenses incurred by the prosecuting agency, notto exceed 20% of the net value of the forfeited property.
(10) "Legislative body" means:
(a) (i) the state Legislature, county commission, county council, city commission, citycouncil, or town council that has fiscal oversight and budgetary approval authority over a seizingagency; or
(ii) the seizing agency's governing political subdivision; or
(b) the lead governmental entity of a multijurisdictional task force, as designated in amemorandum of understanding executed by the agencies participating in the task force.
(11) "Multijurisdictional task force" means a law enforcement task force or other agencycomprised of persons who are employed by or acting under the authority of differentgovernmental authorities, including federal, state, county or municipal governments, or anycombination of these agencies.
(12) "Owner" means any person or entity, other than an interest holder as defined in thissection, that possesses a bona fide legal or equitable interest in real or personal property.
(13) "Program" means the Crime Reduction Assistance Program created in Section24-1-19.
(14) "Property" means all property, whether real or personal, tangible or intangible.
(15) "Prosecuting attorney" means:
(a) the state attorney general and any assistant attorney general;
(b) any district attorney or deputy district attorney;
(c) any county attorney or assistant county attorney; and
(d) any other attorney authorized to commence an action on behalf of the state under thischapter or other provisions of state law.
(16) "Seize for forfeiture" means seizure of property:
(a) by a law enforcement officer or law enforcement agency, including a constructiveseizure; and
(b) accompanied by an assertion by the officer or agency or by a prosecuting attorney thatthe property is seized for forfeiture in accordance with this chapter.
Amended by Chapter 272, 2007 General Session