Terms Used In Utah Code > Title 77 > Chapter 11c > Part 4 - Preservation of Biological Evidence for Violent Felony Offenses

• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• 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 :

  (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 Conviction: A judgement of guilt against a criminal defendant. Court: means a municipal, county, or state court. See Utah Code 77-11c-101 Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Dismissal: The dropping of a case by the judge without further consideration or hearing. Source: DNA: means deoxyribonucleic acid. 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 Evidence collecting or retaining entity: includes : (i)  a medical or forensic entity; (ii)  a law enforcement agency; (iii)  a court; and (iv)  an official, employee, or agent of an entity or agency described in this Subsection (17). See Utah Code 77-11c-101 In custody: means an individual who: (a)  is incarcerated, civilly committed, on parole, or on probation; or (b)  is required to register under Title 77, Chapter 41, Sex and Kidnap Offender Registry. See Utah Code 77-11c-101 Law enforcement agency: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11c-101 Physical evidence: includes evidence that: (a)  is related to: (i)  an investigation; (ii)  an arrest; or (iii)  a prosecution that resulted in a judgment of conviction; and (b)  is in the actual or constructive possession of a law enforcement agency or a court or an agent of a law enforcement agency or a court. See Utah Code 77-11c-101 Public defender: Represent defendants who can't afford an attorney in criminal matters. State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5 Statute of limitations: A law that sets the time within which parties must take action to enforce their rights. Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Violent felony offense: means the same as the term "violent felony" is defined in Section 76-3-203. See Utah Code 77-11c-101