Full Statute Name:  West's Utah Code Annotated. Title 77. Utah Code of Criminal Procedure. Chapter 24. Disposal of Property Received by Peace Officer.§ 77-24-1.5. Safekeeping by officer pending disposition--Records required

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Primary Citation:  U.C.A. 1953 § 77-24-1.5 (§§ 77-24-1 to 77-24-5. Repealed by Laws 2013, c. 394, § 40, eff. July 1, 2013) Country of Origin:  United States Last Checked:  October, 2014 Date Adopted:  1992
Summary:

§§ 77-24-1 to 77-24-5. Repealed by Laws 2013, c. 394, § 40, eff. July 1, 2013 (Formerly: this Utah statute, amended in 2011, states that each peace officer shall hold all "property" in safe custody until it is received into evidence or disposed of as provided in this chapter. He or she must also maintain a record that identifies it. Note that the provisions related to specifically to animal impoundment/euthanasia were removed.)

Statute Text: 

§§ 77-24-1 to 77-24-5. Repealed by Laws 2013, c. 394, § 40, eff. July 1, 2013

 

Former Text:

Each peace officer shall:

(1) hold all property in safe custody:

(a) until it is received into evidence; or

(b) if it is not used as evidence, until it can be disposed of as provided in this chapter; and

(2) maintain a proper record of the property that identifies:

(a) the owner of the property, if known; and

(b) the case for which it was taken or received and is being held.

CREDIT(S)

Laws 1992, c. 10, § 2; Laws 1995, c. 104, § 2, eff. May 1, 1995; Laws 1998, c. 156, § 15, eff. May 4, 1998; Laws 2005, c. 126, § 2, eff. May 2, 2005; Laws 2011, c. 130, § 16, eff. May 10, 2011.


HISTORICAL AND STATUTORY NOTES

Laws 2005, c. 126, throughout subsec. (1) deleted “custodial” prior to “property” and in subsec. (1)(a) substituted “all” for “custodial”.

Laws 2011, c. 130, § 16, rewrote the section, which formerly read:

“(1) Each peace officer shall:

“(a) hold all property in safe custody:

“(i) until it is received into evidence; or

“(ii) if it is not used as evidence, until it can be disposed of as provided in this chapter; and

“(b) maintain a proper record of the property that identifies:

“(i) the owner of the property, if known; and

“(ii) the case for which it was taken or received and is being held.

“(2)(a) Each municipal or county animal control officer shall hold any unidentified or unclaimed stray dog or stray cat in safe and humane custody for a minimum of three working days after the time of impound prior to making any final disposition of the animal, including:

“(i) placement in an adoptive home or other transfer of the animal, which shall be in compliance with Title 10, Chapter 17, Municipal Animal Shelter Pet Sterilization Act, or Title 17, Chapter 42, County Animal Shelter Pet Sterilization Act; or

“(ii) euthanasia.

“(b) An unidentified or unclaimed stray dog or stray cat may be euthanized prior to the completion of the three working day minimum holding period to prevent unnecessary suffering due to serious injury or disease, if the euthanasia is in compliance with written established agency or department policies and procedures, and with any local ordinances allowing the destruction.

“(c) An unidentified or unclaimed stray dog or stray cat shall be returned to its owner upon:

“(i) proof of ownership;

“(ii) compliance with requirements of local animal control ordinances; and

“(iii) compliance with Title 10, Chapter 17, Municipal Animal Shelter Pet Sterilization Act, or Title 17, Chapter 42, County Animal Shelter Pet Sterilization Act.”

 

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