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
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
If the prosecuting attorney decides to retain control over the evidence of the felony offense 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 evidence.
(3)
An agency shall ensure that evidence of a felony offense is subject to a continuous chain of custody.
(4)
An agency shall retain and preserve biological evidence of a violent felony offense in accordance with 4.
Renumbered and Amended by Chapter 448, 2023 General Session
