Utah Code 77-11c-301. Retention of evidence for felony offenses
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(1) Except as provided in Subsection (4), an agency shall retain evidence of a felony offense:
Terms Used In Utah Code 77-11c-301
- Acquittal:
- Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
- 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. - Continuous chain of custody: means :
