(1) Except as provided in Subsection (4), an agency shall retain evidence of a felony offense:

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Terms Used In Utah Code 77-11c-301

  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Agency: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11c-101
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Biological evidence: includes :
              (6)(b)(i) material that is catalogued separately, including:
                   (6)(b)(i)(A) on a slide or swab; or
                   (6)(b)(i)(B) inside a test tube, if the evidentiary sample that previously was inside the test tube has been consumed by testing;
              (6)(b)(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;
              (6)(b)(iii) the contents of a sexual assault kit; and
              (6)(b)(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 :
         (9)(a) for a law enforcement agency or a court, that legal standards regarding a continuous chain of custody are maintained; and
         (9)(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
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • 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
  • Federal prosecutor: A lawyer appointed by the President in each judicial district to prosecute and defend cases for the federal government.
  • In custody: means an individual who:
         (19)(a) is incarcerated, civilly committed, on parole, or on probation; or
         (19)(b) is required to register under Title 77, Chapter 41, Sex, Kidnap, and Child Abuse Offender Registry. 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
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Violent felony offense: means the same as the term "violent felony" is defined in Section Utah Code 77-11c-101
     (1)(a) for the longer of:

          (1)(a)(i) the length of the statute of limitations for the felony offense if:

               (1)(a)(i)(A) charges are not filed for the felony offense; or
               (1)(a)(i)(B) the felony offense remains unsolved;
          (1)(a)(ii) the length of time that any individual convicted of the felony offense, or a lesser included offense, remains in custody;
          (1)(a)(iii) one year after the day on which all direct appeals of the final judgment for any individual convicted of the felony offense, or a lesser included offense, are exhausted; or
          (1)(a)(iv) the length of time that a petition for postconviction relief, and any appeal of the petition, is pending if an individual convicted of the felony offense files the petition within the one-year time period described in Subsection (1)(a)(iii); or
          (1)(a)(v) 20 years from the day on which the evidence is collected if the evidence is the contents of a sexual assault kit; or
     (1)(b) at the discretion of the prosecuting attorney or federal prosecutor if the prosecution of the felony offense resulted in an acquittal or dismissal.
(2) An agency shall ensure that evidence of a felony offense is subject to a continuous chain of custody.
(3) Subsection (1) does not require an agency to return or dispose of evidence of a felony offense.
(4) An agency shall retain and preserve biological evidence of a violent felony offense in accordance with Part 4, Preservation of Biological Evidence for Violent Felony Offenses.