Skip to main content
Find a Lawyer

Utah Code Title 77. Utah Code of Criminal Procedure § 77-11c-301. Retention of evidence for felony offenses

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

(1) Except as provided in Subsection (4), an agency shall retain evidence of a felony offense:

(a) for the longer of:

(i) the length of the statute of limitations for the felony offense if:

(A) charges are not filed for the felony offense; or

(B) the felony offense remains unsolved;

(ii) the length of time that any individual convicted of the felony offense, or a lesser included offense, remains in custody;

(iii) one year after the day on which all direct appeals of the final judgment for any individual convicted of the felony offense, or a lesser included offense, are exhausted;

(iv) the length of time that a petition for postconviction relief, and any appeal of the petition, is pending if an individual convicted of the felony offense files the petition within the one-year time period described in Subsection (1)(a)(iii); or

(v) 20 years from the day on which the evidence is collected if the evidence is the contents of a sexual assault kit; or

(b) at the discretion of the prosecuting attorney or federal prosecutor if the prosecution of the felony offense resulted in an acquittal or dismissal.

(2) An agency shall ensure that evidence of a felony offense is subject to a continuous chain of custody.

(3) Subsection (1) does not require an agency to return or dispose of evidence of a felony offense.

(4) An agency shall retain and preserve biological evidence of a violent felony offense in accordance with Part 4, Preservation of Biological Evidence for Violent Felony Offenses.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - Utah Code Title 77. Utah Code of Criminal Procedure § 77-11c-301. Retention of evidence for felony offenses - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-77-utah-code-of-criminal-procedure/ut-code-sect-77-11c-301/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard