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

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

(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 by taking a photographic or video record of the property, contraband, item, or substance with identifying case numbers.

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Cite this article: FindLaw.com - Utah Code Title 77. Utah Code of Criminal Procedure § 77-11c-202. Requirements for not retaining evidence of a misdemeanor offense--Preservation of sufficient evidence - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-77-utah-code-of-criminal-procedure/ut-code-sect-77-11c-202/

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