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

Current as of January 01, 2025 | Updated by Findlaw Staff

(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.

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Cite this article: FindLaw.com - Utah Code Title 77. Utah Code of Criminal Procedure § 77-11c-201. Retention of evidence of misdemeanor offenses - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-77-utah-code-of-criminal-procedure/ut-code-sect-77-11c-201/

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