Utah Code 77-11c-202. Requirements for not retaining evidence of a misdemeanor offense — Preservation of sufficient evidence
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(1) An agency is not required to retain evidence of a misdemeanor offense under Section 77-11c-201 if:
Terms Used In Utah Code 77-11c-202
- Agency: means the same as that term is defined in Section
77-11a-101 . See Utah Code 77-11c-101 - Claimant: means the same as that term is defined in Section
77-11a-101 . See Utah Code 77-11c-101 - Computer: 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 - Controlled substance: means the same as that term is defined in Section
58-37-2 . See Utah Code 77-11c-101 - Court: means a municipal, county, or state court. See Utah Code 77-11c-101
- Drug paraphernalia: means the same as that term is defined in Section
58-37a-3 . 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:(16)(a) is seized or collected as part of an investigation or prosecution of an offense; and(16)(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- Sexual assault kit: means the same as that term is defined in Section
53-10-902 . See Utah Code 77-11c-101- Victim: means the same as that term is defined in Section
53-10-902 . See Utah Code 77-11c-101- Wildlife: means the same as that term is defined in Section
23A-1-101 . See Utah Code 77-11c-101(1)(a)(1)(a)(i) the agency determines that:(1)(a)(i)(A) the size, bulk, or physical character of the evidence renders retention impracticable; or(1)(a)(i)(B) the evidence poses a security or safety problem for the agency;(1)(a)(ii) the agency preserves sufficient evidence of the property, contraband, item, or substance for use as evidence in a prosecution of the offense;(1)(a)(iii) the agency sends a written request under Subsection77-11c-203 (1) to the prosecuting attorney for permission to return or dispose of the evidence; and(1)(a)(iv) the prosecuting attorney grants the agency’s written request in accordance with Section77-11c-203 ;(1)(b) a court orders the agency to return evidence that is property to a claimant under Section77-11a-305 ; or(1)(c) the evidence is wildlife or parts of wildlife. - Property: means the same as that term is defined in Section
(2) Notwithstanding Subsection (1), the agency may not dispose of evidence of a misdemeanor offense that is a sexual assault kit before the day on which the time period described in Section 77-11c-201 expires if:
(2)(a) the agency sends a notice to the victim as described in Section 53-10-905 ; and
(2)(b) the victim submits a written request for retention of the evidence within the 180-day period described in Section 53-10-905 .
(3)
(3)(a) Subsection (1) does not require an agency to return or dispose of evidence of a misdemeanor offense.
(3)(b) Subsection (1)(a) does not apply when the return or disposal of evidence of a misdemeanor offense is in compliance with a memorandum of understanding between the agency and the prosecuting attorney.
(4) If the evidence described in Subsection (1) is a controlled substance, an agency shall preserve sufficient evidence under Subsection (1)(a)(ii) of the controlled substance by:
(4)(a) collecting and preserving a sample of the controlled substance for independent testing and use as evidence;
(4)(b) taking a photographic or video record of the controlled substance with identifying case numbers;
(4)(c) maintaining a written report of a chemical analysis of the controlled substance if a chemical analysis was performed by the agency; and
(4)(d) if the controlled substance exceeds 10 pounds, retain at least one pound of the controlled substance that is randomly selected from the controlled substance.
(5) If the evidence described in Subsection (1) is drug paraphernalia, an agency shall preserve sufficient evidence under Subsection (1)(a)(ii) of the drug paraphernalia by:
(5)(a) collecting and preserving a sample of the controlled substance from the drug paraphernalia for independent testing and use as evidence;
(5)(b) maintaining a written report of a chemical analysis of the drug paraphernalia if a chemical analysis was performed by the agency; and
(5)(c) taking a photographic or video record of the drug paraphernalia with identifying case numbers.
(6) If the evidence described in Subsection (1) is a computer, the agency shall preserve sufficient evidence under Subsection (1)(a)(ii) of the computer by:
(6)(a) extracting all data from the computer that would be evidence in a prosecution of an individual for the offense; and
(6)(b) taking a photographic or video record of the computer with identifying case numbers.
(7) For any other type of evidence, the agency shall preserve sufficient evidence under Subsection (1)(a)(ii) of the property, contraband, item, or substance bytaking a photographic or video record of the property, contraband, item, or substance with identifying case numbers.