(1) An agency is not required to retain evidence of a felony offense under Section 77-11c-301 if:

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Terms Used In Utah Code 77-11c-302

  • Agency: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11c-101
  • 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
  • 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
  • Violent felony offense: means the same as the term "violent felony" is defined in Section 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 the evidence poses a security or safety problem for the agency; and
               (1)(a)(i)(B) the evidence no longer has any significant evidentiary value;
          (1)(a)(ii) the agency preserves sufficient evidence from the property, contraband, item, or substance for use as evidence in a prosecution of the offense; and
          (1)(a)(iii) a prosecuting attorney or a court authorizes the agency to return or dispose of the evidence as described in Subsection 77-11c-303;
     (1)(b) a court orders the agency to return evidence that is property to a claimant under Section 77-11a-305; or
     (1)(c) the evidence is wildlife or parts of wildlife.
(2) Notwithstanding Subsection (1), the agency may not dispose of evidence of a felony offense that is a sexual assault kit before the day on which the time period described in Section 77-11c-301 expires if:

     (2)(a) the agency sends a notice to the victim in accordance with 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) Subsection (1) does not require an agency to return or dispose of evidence of a felony offense.
(4) Subsection (1) does not apply to biological evidence of a violent felony offense because an agency is required to retain biological evidence of a violent felony offense as described in Part 4, Preservation of Biological Evidence for Violent Felony Offenses.
(5) 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:

     (5)(a) collecting and preserving a sample of the controlled substance for independent testing and use as evidence;
     (5)(b) taking a photographic or video record of the controlled substance with identifying case numbers;
     (5)(c) maintaining a written report of a chemical analysis of the controlled substance if a chemical analysis was performed by the agency;
     (5)(d) if the controlled substance exceeds 10 pounds, retaining at least one pound of the controlled substance that is randomly selected from the controlled substance; and
     (5)(e) for a violent felony offense, collecting and preserving biological evidence from the controlled substance as described in Section 77-11c-401.
(6) 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:

     (6)(a) collecting and preserving a sample of the controlled substance from the drug paraphernalia for independent testing and use as evidence;
     (6)(b) maintaining a written report of a chemical analysis of the drug paraphernalia if a chemical analysis was performed by the agency;
     (6)(c) taking a photographic or video record of the drug paraphernalia with identifying case numbers; and
     (6)(d) for a violent felony offense, collecting and preserving biological evidence from the drug paraphernalia as described in Section 77-11c-401.
(7) 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:

     (7)(a) extracting all data from the computer that would be evidence in a prosecution of an individual for the offense;
     (7)(b) taking a photographic or video record of the computer with identifying case numbers; and
     (7)(c) for a violent felony offense, collecting and preserving biological evidence from the computer as described in Section 77-11c-401.
(8) For any other type of evidence, the agency shall preserve sufficient evidence under Subsection (1)(a)(ii) of the property, contraband, item, or substance by:

     (8)(a) taking a photographic or video record of the property, contraband, item, or substance with identifying case numbers; and
     (8)(b) for a violent felony offense, collecting and preserving biological evidence as described in Section 77-11c-401.
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