Terms Used In Utah Code > Title 77 > Chapter 11c > Part 3 - Retention of Evidence for Felony Offenses

• Agency: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11c-101
• 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 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 Prosecuting attorney: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11c-101 Violent felony offense: means the same as the term "violent felony" is defined in Section 76-3-203. See Utah Code 77-11c-101