77-11c-201. Retention of evidence of misdemeanor offenses.

445 words·~2 min read·/ut/title-77/chapter-11c/77-11c-201·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/1/2024

(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;

(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