(1) An innocent owner's interest in property may not be forfeited.

(2) In a forfeiture proceeding under this chapter, the prosecuting attorney has the burden of establishing evidence that a claimant: (a) is responsible for the conduct giving rise to the forfeiture, subject to Subsection (4); (b) knew of the conduct giving rise to the forfeiture, and allowed the property to be used in furtherance of the conduct; (c) acquired the property with notice of its actual or constructive seizure for forfeiture under this chapter; (d) acquired the property knowing the property was subject to forfeiture under this chapter; or (e) acquired the property in an effort to conceal, prevent, hinder, or delay its lawful seizure or forfeiture under any provision of state law.

(a) is responsible for the conduct giving rise to the forfeiture, subject to Subsection (4);

(b) knew of the conduct giving rise to the forfeiture, and allowed the property to be used in furtherance of the conduct;

(c) acquired the property with notice of its actual or constructive seizure for forfeiture under this chapter;

(d) acquired the property knowing the property was subject to forfeiture under this chapter; or

(e) acquired the property in an effort to conceal, prevent, hinder, or delay its lawful seizure or forfeiture under any provision of state law.

(3) (a) A claimant under this chapter is not required to take steps to prevent illegal use or criminal activity regarding the property that the claimant reasonably believes would be likely to result in physical harm or danger to any person. (b) A claimant may demonstrate that the claimant took reasonable action to prohibit the illegal use of the property by: (i) making a timely notification to a law enforcement agency of information that led the claimant to know that conduct subjecting the property to seizure would occur, was occurring, or has occurred; (ii) timely revoking or attempting to revoke permission to use the property regarding those engaging in the illegal conduct; or (iii) taking reasonable actions to discourage or prevent the illegal use of the property.

(a) A claimant under this chapter is not required to take steps to prevent illegal use or criminal activity regarding the property that the claimant reasonably believes would be likely to result in physical harm or danger to any person.

(b) A claimant may demonstrate that the claimant took reasonable action to prohibit the illegal use of the property by: (i) making a timely notification to a law enforcement agency of information that led the claimant to know that conduct subjecting the property to seizure would occur, was occurring, or has occurred; (ii) timely revoking or attempting to revoke permission to use the property regarding those engaging in the illegal conduct; or (iii) taking reasonable actions to discourage or prevent the illegal use of the property.

(i) making a timely notification to a law enforcement agency of information that led the claimant to know that conduct subjecting the property to seizure would occur, was occurring, or has occurred;

(ii) timely revoking or attempting to revoke permission to use the property regarding those engaging in the illegal conduct; or

(iii) taking reasonable actions to discourage or prevent the illegal use of the property.

(4) If the state relies on Subsection (2)(a) to establish that a claimant is not an innocent owner, and if the claimant is criminally charged with the conduct giving rise to the forfeiture and is acquitted of that charge on the merits: (a) the property subject to the forfeiture or the open market value of the property, if the property has been disposed of under Subsection 24-4-108(13), shall be returned to the claimant; and (b) any payments required under this chapter regarding holding the property shall be paid to the claimant.

(a) the property subject to the forfeiture or the open market value of the property, if the property has been disposed of under Subsection 24-4-108(13), shall be returned to the claimant; and

(b) any payments required under this chapter regarding holding the property shall be paid to the claimant.

(5) A person may not assert under this chapter an ownership interest in contraband.

(6) Property is presumed to be subject to forfeiture under this chapter if the prosecuting attorney establishes that: (a) the claimant has engaged in conduct giving cause for forfeiture; (b) the property was acquired by the claimant during that period of the conduct giving cause for forfeiture or within a reasonable time after that period; and (c) there was no likely source for the purchase or acquisition of the property other than the conduct giving cause for forfeiture.

(a) the claimant has engaged in conduct giving cause for forfeiture;

(b) the property was acquired by the claimant during that period of the conduct giving cause for forfeiture or within a reasonable time after that period; and

(c) there was no likely source for the purchase or acquisition of the property other than the conduct giving cause for forfeiture.

(7) A finding that property is the proceeds of conduct giving cause for forfeiture does not require proof that the property was the proceeds of any particular exchange or transaction.

(8) (a) A claimant may recover possession of seized property that is subject to forfeiture by contacting the seizing agency or prosecuting attorney prior to the commencement of a civil asset forfeiture proceeding, or within 30 days of the seizure, whichever is longer, and providing to the seizing agency or prosecuting attorney: (i) evidence that establishes proof of ownership; and (ii) a brief description of the date, time, and place that the claimant mislaid or relinquished possession of the seized property. (b) A seizing agency or prosecuting attorney who receives a claim from a claimant utilizing the procedure in Subsection (8)(a) shall issue a written response to that claim within 30 days of receipt, indicating whether the claim has been granted, denied on the merits, or denied for failure to provide the information required by statute subject to the following: (i) if the claim is denied for failure to provide the information required by statute, the claimant has 15 days from the date of denial to submit additional information before the prosecuting attorney may commence a civil action seeking to forfeit the property; and (ii) if the seizing agency or prosecuting attorney fails to issue a written response within 30 days the property shall be returned. (c) Any property returned under Subsection (8)(b), either because the claim was granted or because the seizing agency or prosecuting attorney failed to respond within 30 days may not include any expenses, costs, or attorney fees. (d) A claimant who utilizes the procedures in Subsection (8)(a) and whose claim is denied on the merits by the seizing agency or prosecuting attorney, but who is later determined by a court of competent jurisdiction in a civil forfeiture action to be an innocent owner within the meaning of Section 24-4-107, may collect reasonable attorney fees and court costs from the date on which the seizing agency or prosecuting attorney denied the claim. Legal costs and attorney fees collected pursuant to this Subsection are not subject to the 50% cap set forth in Subsection 24-4-110(2). (e) All communications between or evidence provided to the parties in connection with a claim submitted pursuant to Subsection (8) are subject to the Utah Rules of Evidence, Rules 408 and 410.

(a) A claimant may recover possession of seized property that is subject to forfeiture by contacting the seizing agency or prosecuting attorney prior to the commencement of a civil asset forfeiture proceeding, or within 30 days of the seizure, whichever is longer, and providing to the seizing agency or prosecuting attorney: (i) evidence that establishes proof of ownership; and (ii) a brief description of the date, time, and place that the claimant mislaid or relinquished possession of the seized property.

(i) evidence that establishes proof of ownership; and

(ii) a brief description of the date, time, and place that the claimant mislaid or relinquished possession of the seized property.

(b) A seizing agency or prosecuting attorney who receives a claim from a claimant utilizing the procedure in Subsection (8)(a) shall issue a written response to that claim within 30 days of receipt, indicating whether the claim has been granted, denied on the merits, or denied for failure to provide the information required by statute subject to the following: (i) if the claim is denied for failure to provide the information required by statute, the claimant has 15 days from the date of denial to submit additional information before the prosecuting attorney may commence a civil action seeking to forfeit the property; and (ii) if the seizing agency or prosecuting attorney fails to issue a written response within 30 days the property shall be returned.

(i) if the claim is denied for failure to provide the information required by statute, the claimant has 15 days from the date of denial to submit additional information before the prosecuting attorney may commence a civil action seeking to forfeit the property; and

(ii) if the seizing agency or prosecuting attorney fails to issue a written response within 30 days the property shall be returned.

(c) Any property returned under Subsection (8)(b), either because the claim was granted or because the seizing agency or prosecuting attorney failed to respond within 30 days may not include any expenses, costs, or attorney fees.

(d) A claimant who utilizes the procedures in Subsection (8)(a) and whose claim is denied on the merits by the seizing agency or prosecuting attorney, but who is later determined by a court of competent jurisdiction in a civil forfeiture action to be an innocent owner within the meaning of Section 24-4-107, may collect reasonable attorney fees and court costs from the date on which the seizing agency or prosecuting attorney denied the claim. Legal costs and attorney fees collected pursuant to this Subsection are not subject to the 50% cap set forth in Subsection 24-4-110(2).

(e) All communications between or evidence provided to the parties in connection with a claim submitted pursuant to Subsection (8) are subject to the Utah Rules of Evidence, Rules 408 and 410.