Arrest: Taking physical custody of a person by lawful authority.
Biological evidence: includes :
(i)
material that is catalogued separately, including:
(A)
on a slide or swab; or
(B)
inside a test tube, if the evidentiary sample that previously was inside the test tube has been consumed by testing;
(ii)
material that is present on other evidence, including clothing, a ligature, bedding, a drinking cup, a cigarette, or a weapon, from which a DNA profile may be obtained;
(iii)
the contents of a sexual assault examination kit; and
(iv)
for a violent felony offense, material described in this Subsection (6) that is in the custody of an evidence collecting or retaining entity on May 4, 2022. See Utah Code 77-11c-101
Continuous chain of custody: means :
(a)
for a law enforcement agency or a court, that legal standards regarding a continuous chain of custody are maintained; and
(b)
for an entity that is not a law enforcement agency or a court, that the entity maintains a record in accordance with legal standards required of the entity. See Utah Code 77-11c-101
DNA profile: means a unique identifier of an individual derived from DNA. See Utah Code 77-11c-101
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Evidence: means property, contraband, or an item or substance that:
(a)
is seized or collected as part of an investigation or prosecution of an offense; and
(b)
may reasonably be used to incriminate or exculpate an individual for an offense. See Utah Code 77-11c-101
Evidence collecting or retaining entity: includes :
(i)
a medical or forensic entity;
(ii)
a law enforcement agency;
(iii)
a court; and
(iv)
an official, employee, or agent of an entity or agency described in this Subsection (17). See Utah Code 77-11c-101
Medical or forensic entity: means a private or public hospital, medical facility, or other entity that secures biological evidence or conducts forensic examinations related to criminal investigations. See Utah Code 77-11c-101
Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
a judgment of conviction by plea or verdict of an offense has been entered by a court; and
(ii)
a sentence has been imposed by the court; or
(b)
a judgment has been entered for an adjudication of an offense by a juvenile court under Section 80-6-701.
(3)
“Adjudication” means:
(a)
a judgment of conviction by plea or verdict of an offense; or
(b)
an adjudication for an offense by a juvenile court under Section 80-6-701.
(4)
“Agency” means the same as that term is defined in Section 77-11a-101.
(5)
“Appellate court” means the Utah Court of Appeals, the Utah Supreme Court, or the United States Supreme Court.
(6)
(a)
“Biological evidence” means an item that contains blood, semen, hair, saliva, epithelial cells, latent fingerprint evidence that may contain biological material suitable for DNA testing, or other identifiable human biological material that:
(i)
is collected as part of an investigation or prosecution of a violent felony offense; and
(ii)
may reasonably be used to incriminate or exculpate a person for the violent felony offense.
(b)
“Biological evidence” includes:
(i)
material that is catalogued separately, including:
(A)
on a slide or swab; or
(B)
inside a test tube, if the evidentiary sample that previously was inside the test tube has been consumed by testing;
(ii)
material that is present on other evidence, including clothing, a ligature, bedding, a drinking cup, a cigarette, or a weapon, from which a DNA profile may be obtained;
(iii)
the contents of a sexual assault examination kit; and
(iv)
for a violent felony offense, material described in this Subsection (6) that is in the custody of an evidence collecting or retaining entity on May 4, 2022.
(7)
“Claimant” means the same as that term is defined in Section 77-11a-101.
(8)
“Computer” means the same as that term is defined in Section 77-11a-101.
(9)
“Continuous chain of custody” means:
(a)
for a law enforcement agency or a court, that legal standards regarding a continuous chain of custody are maintained; and
(b)
for an entity that is not a law enforcement agency or a court, that the entity maintains a record in accordance with legal standards required of the entity.
(10)
“Contraband” means the same as that term is defined in Section 77-11a-101.
(11)
“Controlled substance” means the same as that term is defined in Section 58-37-2.
(12)
“Court” means a municipal, county, or state court.
(13)
“DNA” means deoxyribonucleic acid.
(14)
“DNA profile” means a unique identifier of an individual derived from DNA.
(15)
“Drug paraphernalia” means the same as that term is defined in Section 58-37a-3.
(16)
“Evidence” means property, contraband, or an item or substance that:
(a)
is seized or collected as part of an investigation or prosecution of an offense; and
(b)
may reasonably be used to incriminate or exculpate an individual for an offense.
(17)
(a)
“Evidence collecting or retaining entity” means an entity within the state that collects, stores, or retrieves biological evidence.
(b)
“Evidence collecting or retaining entity” includes:
(i)
a medical or forensic entity;
(ii)
a law enforcement agency;
(iii)
a court; and
(iv)
an official, employee, or agent of an entity or agency described in this Subsection (17).
(18)
“Exhibit” means property, contraband, or an item or substance that is admitted into evidence for a court proceeding.
(19)
“In custody” means an individual who:
(a)
is incarcerated, civilly committed, on parole, or on probation; or
“Law enforcement agency” means the same as that term is defined in Section 77-11a-101.
(21)
“Medical or forensic entity” means a private or public hospital, medical facility, or other entity that secures biological evidence or conducts forensic examinations related to criminal investigations.
(22)
“Physical evidence” includes evidence that:
(a)
is related to:
(i)
an investigation;
(ii)
an arrest; or
(iii)
a prosecution that resulted in a judgment of conviction; and
(b)
is in the actual or constructive possession of a law enforcement agency or a court or an agent of a law enforcement agency or a court.
(23)
“Property” means the same as that term is defined in Section 77-11a-101.
(24)
“Prosecuting attorney” means the same as that term is defined in Section 77-11a-101.
(25)
“Violent felony offense” means the same as the term “violent felony” is defined in Section 76-3-203.5.
(26)
“Wildlife” means the same as that term is defined in Section 23-13-2.
Renumbered and Amended by Chapter 448, 2023 General Session
