77-11c-203.  Request to prosecuting attorney by agency — Notification to defendant.

(1)  If an agency determines that the agency is not required to retain evidence of a misdemeanor offense under Subsection 77-11c-202(1)(a)(i) and the agency seeks to release or dispose of the evidence, the agency shall send a written request to the prosecuting attorney that:

Terms Used In Utah Code 77-11c-203

  • Adjudicated: means that:
(a) 
(i) 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. See Utah Code 77-11c-101
  • Agency: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11c-101
  • Contraband: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11c-101
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • 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
  • Property: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11c-101
  • Prosecuting attorney: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11c-101
    • (a)  identifies the evidence;

    (b)  explains the reason for which the agency is not required to retain the evidence under Subsection 77-11c-202(1)(a)(i); and

    (c)  explains the steps that the agency will take, or has taken, to preserve sufficient evidence of the property, contraband, item, or substance for use as evidence in a prosecution of the offense.

    • (2)  If the prosecuting attorney receives a written request under Subsection (1) and determines that the agency needs to retain the evidence for a prosecution of the misdemeanor offense, the prosecuting attorney shall send a written notification to the agency that explains the reason for which the prosecuting attorney is denying the agency’s request.

    (3)  If the prosecuting attorney receives a written request under Subsection (1) and determines that the agency does not need to retain the evidence for a prosecution of the misdemeanor offense, the prosecuting attorney shall provide written notice of the intent to not retain the evidence that:

    (a)  is sent by certified mail, return receipt requested, or a delivery service that provides proof of delivery, to:

    (i)  any individual charged with or adjudicated for the offense; and

    (ii)  the individual’s most recent attorney of record; and

    (b)  explains that the individual receiving the notice may submit a written objection to the prosecuting attorney.

    (4) 

    (a)  An individual, who is charged with or adjudicated for the offense, may submit a written objection to the disposal or release of the evidence by the agency no later than 30 days after the day on which the prosecuting attorney receives proof of delivery under Subsection (3).

    (b)  If an individual submits a written objection under Subsection (4)(a), the prosecuting attorney shall send a written notification to the agency that explains the reason for which the prosecuting attorney is denying the agency’s request.

    (c)  If the prosecuting attorney does not receive a written objection within the time period described in Subsection (4)(a), the prosecuting attorney shall send a written notification to the agency that grants the agency’s request to release or dispose of the evidence.

    (5) 

    (a)  If a prosecuting attorney receives a written request from an agency seeking to release or dispose of evidence, the prosecuting attorney shall:

    (i)  provide a notice of receipt to the agency within 15 days after the day on which the prosecuting attorney receives the written request; and

    (ii)  send a written notification to the agency of the prosecuting attorney’s decision to deny or grant an agency’s written request within 60 days after the day on which the prosecuting attorney receives the agency’s written request.

    (b)  If an agency does not receive a notice of receipt under Subsection (5)(a)(i) or a written notification under Subsection (5)(a)(ii), the agency may send the written request to the district attorney, county attorney, attorney general, or other prosecuting attorney who directly oversees and supervises the prosecuting attorney.

    (6)  If a prosecuting attorney denies an agency’s written request to release or dispose of evidence under this section, the agency shall retain the evidence in accordance with Section 77-11c-201.

    (7)  The requirements of this section do not apply when the release or disposal of evidence of a misdemeanor offense is in compliance with a memorandum of understanding between the agency and the prosecuting attorney.

    Enacted by Chapter 448, 2023 General Session

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