77-11c-402. Exceptions to preservation of biological evidence.
(1)
As used in this section, “offense concerning driving under the influence” means:
Terms Used In Utah Code 77-11c-402
Biological evidence: includes :
(i)
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
a local ordinance similar to the offenses described in this Subsection (1).
(2)
Section 77-11c-402 does not apply to biological evidence obtained during an investigation or prosecution for an offense concerning driving under the influence solely for toxicology purposes.
Renumbered and Amended by Chapter 448, 2023 General Session
