Retention of property.

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  • (1) If seized property is admitted into evidence during a court proceeding, the clerk of the court shall:
    • (a) retain the property; or
    • (b) return the property to the custody of the agency.
  • (2) The agency shall retain seized or forfeited property:
    • (a) at the discretion of the prosecuting attorney; or
    • (b) until all direct appeals and retrials are final.
  • (3) If the prosecuting attorney decides to retain control over the seized or forfeited property under Subsection (2)(a) in anticipation of possible collateral attacks upon the judgment or for use in a potential prosecution, the prosecuting attorney may decline to authorize the disposal of the property.




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