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

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

Effective 5/6/2026

(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) .

(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