State Codes and Statutes

Statutes > Utah > Title-77 > Chapter-38a > 77-38a-601

77-38a-601. Preservation of assets.
(1) Prior to or at the time a criminal information, indictment charging a violation, or apetition alleging delinquency is filed, or at any time during the prosecution of the case, aprosecutor may, if in the prosecutor's best judgment there is a substantial likelihood that aconviction will be obtained and restitution will be ordered in the case, petition the court to:
(a) enter a temporary restraining order, an injunction, or both;
(b) require the execution of a satisfactory performance bond; or
(c) take any other action to preserve the availability of property which may be necessaryto satisfy an anticipated restitution order.
(2) (a) Upon receiving a request from a prosecutor under Subsection (1), and after noticeto persons appearing to have an interest in the property and affording them an opportunity to beheard, the court may take action as requested by the prosecutor if the court determines:
(i) there is probable cause to believe that a crime has been committed and that thedefendant committed it, and that failure to enter the order will likely result in the property beingsold, distributed, exhibited, destroyed, or removed from the jurisdiction of the court, or otherwisebe made unavailable for restitution; and
(ii) the need to preserve the availability of the property or prevent its sale, distribution,exhibition, destruction, or removal through the entry of the requested order outweighs thehardship on any party against whom the order is to be entered.
(b) In a hearing conducted pursuant to this section, a court may consider reliable hearsayas defined in Utah Rules of Evidence, Rule 1102.
(c) An order for an injunction entered under this section is effective for the period of timegiven in the order.
(3) (a) Upon receiving a request for a temporary restraining order from a prosecutorunder this section, a court may enter a temporary restraining order against an owner with respectto specific property without notice or opportunity for a hearing if:
(i) the prosecutor demonstrates that there is a substantial likelihood that the property withrespect to which the order is sought appears to be necessary to satisfy an anticipated restitutionorder under this chapter; and
(ii) provision of notice would jeopardize the availability of the property to satisfy anyrestitution order or judgment.
(b) The temporary order in this Subsection (3) expires not more than 10 days after it isentered unless extended for good cause shown or the party against whom it is entered consents toan extension.
(4) A hearing concerning an order entered under this section shall be held as soon aspossible, and prior to the expiration of the temporary order.

Amended by Chapter 265, 2009 General Session