Retention of Evidence for Misdemeanor Offenses

Utah Code tit. 77, ch. 77-11c, pt. 77-11c-P2

in effect

Utah Code § 77-11c-201 Retention of evidence of misdemeanor offenses.

77-11c-201. Retention of evidence of misdemeanor offenses. (1) An agency shall retain evidence of a misdemeanor offense for the longer of: (a) the length of the statute of limitations for the offense if: (i) no charges are filed for the offense; or (ii) the offense remains unsolved; (b) 60 days after the day on which any individual charged with the offense is acquitted if each individual charged with the offense is acquitted; (c) 90 days after the day on which any individual is adjudicated for the offense if: (i) each individual charged with the offense has been adjudicated; (ii) there is no appeal pending in: (A) an appellate court for any individual adjudicated for the offense; or (B) the district court for a trial de novo for any individual adjudicated by a justice court for the offense; and (iii) there is no post-trial motion pending in the court: (A) for a new trial under Rule 24 of the Utah Rules of Criminal Procedure; (B) to amend or make additional findings of fact under Rule 52(b) of the Utah Rules of Civil Procedure; or (C) for relief under Rule 60(b) of the Utah Rules of Civil Procedure; (d) 30 days after the day on which any individual is adjudicated by a district court for the offense on a trial de novo from the justice court if: (i) each individual charged with the offense has been adjudicated by a justice court or a district court on a trial de novo from the justice court; and (ii) there is no appeal pending in: (A) an appellate court for any individual adjudicated for the offense; or (B) the district court for a trial de novo for any individual adjudicated by a justice court for the offense; (e) 30 days after the day on which an appellate court issues a remittitur for an appeal of any individual adjudicated for the offense if: (i) the appellate court's final decision upholds the individual's adjudication; (ii) each individual charged with the offense has been adjudicated; and (iii) there is no appeal pending in: (A) an appellate court for any individual adjudicated for the offense; or (B) the district court for a trial de novo for any individual adjudicated by a justice court for the offense; or (f) 20 years from the day on which the evidence is collected if the evidence is a sexual assault kit. (2) Subsection (1) does not require an agency to return or dispose of evidence of a misdemeanor offense. (3) An agency shall ensure that evidence of a misdemeanor offense is subject to a continuous chain of custody. Amended by Chapter 164, 2024 General Session

Utah Code § 77-11c-202 Requirements for not retaining evidence of a misdemeanor offense -- Preservation of sufficient evidence.

77-11c-202. Requirements for not retaining evidence of a misdemeanor offense -- Preservation of sufficient evidence. (1) An agency is not required to retain evidence of a misdemeanor offense under Section 77-11c-201 if: (a) (i) the agency determines that: (A) the size, bulk, or physical character of the evidence renders retention impracticable; or (B) the evidence poses a security or safety problem for the agency; (ii) the agency preserves sufficient evidence of the property, contraband, item, or substance for use as evidence in a prosecution of the offense; (iii) the agency sends a written request under Subsection 77-11c-203(1) to the prosecuting attorney for permission to return or dispose of the evidence; and (iv) the prosecuting attorney grants the agency's written request in accordance with Section 77-11c-203; (b) a court orders the agency to return evidence that is property to a claimant under Section 77-11a-305; or (c) the evidence is wildlife or parts of wildlife. (2) Notwithstanding Subsection (1), the agency may not dispose of evidence of a misdemeanor offense that is a sexual assault kit before the day on which the time period described in Section 77-11c-201 expires if: (a) the agency sends a notice to the victim as described in Section 53-10-905; and (b) the victim submits a written request for retention of the evidence within the 180-day period described in Section 53-10-905. (3) (a) Subsection (1) does not require an agency to return or dispose of evidence of a misdemeanor offense. (b) Subsection (1)(a) does not apply when the return or disposal of evidence of a misdemeanor offense is in compliance with a memorandum of understanding between the agency and the prosecuting attorney. (4) 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: (a) collecting and preserving a sample of the controlled substance for independent testing and use as evidence; (b) taking a photographic or video record of the controlled substance with identifying case numbers; (c) maintaining a written report of a chemical analysis of the controlled substance if a chemical analysis was performed by the agency; and (d) if the controlled substance exceeds 10 pounds, retain at least one pound of the controlled substance that is randomly selected from the controlled substance. (5) 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: (a) collecting and preserving a sample of the controlled substance from the drug paraphernalia for independent testing and use as evidence; (b) maintaining a written report of a chemical analysis of the drug paraphernalia if a chemical analysis was performed by the agency; and (c) taking a photographic or video record of the drug paraphernalia with identifying case numbers. (6) 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: (a) extracting all data from the computer that would be evidence in a prosecution of an individual for the offense; and (b) taking a photographic or video record of the computer with identifying case numbers. (7) For any other type of evidence, the agency shall preserve sufficient evidence under Subsection (1)(a)(ii) of the property, contraband, item, or substance bytaking a photographic or video record of the property, contraband, item, or substance with identifying case numbers. Amended by Chapter 150, 2024 General Session Amended by Chapter 164, 2024 General Session

Utah Code § 77-11c-203 Request to prosecuting attorney by agency -- Notification to defendant.

77-11c-203. Request to prosecuting attorney by agency -- Notification to defendant. (1) If an agency determines that the agency is not required to retain evidence of a misdemeanor offense under Subsection 77-11c-202(1)(a)(i) and the agency seeks to return or dispose of the evidence, the agency shall send a written request to the prosecuting attorney that: (a) identifies the evidence; (b) explains the reason for which the agency is not required to retain the evidence under Subsection 77-11c-202(1)(a)(i); and (c) explains the steps that the agency will take, or has taken, to preserve sufficient evidence of the property, contraband, item, or substance for use as evidence in a prosecution of the offense. (2) If a prosecuting attorney receives a written request described in Subsection (1), the prosecuting attorney shall: (a) provide a notice of receipt to the agency within 15 days after the day on which the prosecuting attorney receives the written request; and (b) send a written notification to the agency of the prosecuting attorney's decision to deny or grant an agency's written request within 60 days after the day on which the prosecuting attorney receives the agency's written request. (3) If an agency sends a written request described in Subsection (1) to the prosecuting attorney, the agency shall also send the written request by certified mail, return receipt requested, or a delivery service, including an electronic delivery service, that provides proof of delivery, to: (a) any individual who remains in custody based on a conviction related to the evidence; (b) the private attorney or public defender of record for each individual described in Subsection (3)(a); (c) the entity that employed the private attorney or public defender described in Subsection (3)(b) at the time of the criminal conviction; and (d) if applicable, the prosecuting agency responsible for the prosecution of each individual described in Subsection (3)(a). (4) (a) If a person described in Subsection (3) receives a request from an agency seeking to return or dispose of evidence of the misdemeanor offense, the person may object to the agency's request to return or dispose of evidence of the misdemeanor offense. (b) To object to an agency's request under Subsection (4)(a), the person shall send a written objection to the agency and prosecuting attorney within 60 days after the day on which the person receives the agency's request. (5) If the prosecuting attorney receives a written request under Subsection (2) and determines that the agency needs to retain the evidence for a prosecution of the misdemeanor offense, the prosecuting attorney shall send a written notification to the agency that explains the reason for which the prosecuting attorney is denying the agency's request. (6) If an agency does not receive a notice of receipt under Subsection (2)(a) or a written notification under Subsection (2)(b), the agency may send the written request to the district attorney, county attorney, attorney general, or other prosecuting attorney who directly oversees and supervises the prosecuting attorney. (7) If a prosecuting attorney denies an agency's written request to return or dispose of evidence under this section, or a person described in Subsection (3) objects to the agency's written request, the agency shall retain the evidence in accordance with Section 77-11c-201. (8) The requirements of this section do not apply when the return or disposal of evidence of a misdemeanor offense is in compliance with a memorandum of understanding between the agency and the prosecuting attorney. Amended by Chapter 253, 2026 General Session

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title77/Chapter11C/77-11c-P2.html?v=C77-11c-P2_2023050320230503Fetched: 10/26/2026