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

(1) An agency shall retain evidence of a misdemeanor offense for the longer of:
(1)(a) the length of the statute of limitations for the offense if:
(1)(a)(i) no charges are filed for the offense; or
(1)(a)(ii) the offense remains unsolved;
(1)(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;
(1)(c) 90 days after the day on which any individual is adjudicated for the offense if:
(1)(c)(i) each individual charged with the offense has been adjudicated;
(1)(c)(ii) there is no appeal pending in:
(1)(c)(ii)(A) an appellate court for any individual adjudicated for the offense; or
(1)(c)(ii)(B) the district court for a trial de novo for any individual adjudicated by a justice court for the offense; and
(1)(c)(iii) there is no post-trial motion pending in the court:
(1)(c)(iii)(A) for a new trial under Rule 24 of the Utah Rules of Criminal Procedure;
(1)(c)(iii)(B) to amend or make additional findings of fact under Rule 52(b) of the Utah Rules of Civil Procedure; or
(1)(c)(iii)(C) for relief under Rule 60(b) of the Utah Rules of Civil Procedure;
(1)(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:
(1)(d)(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
(1)(d)(ii) there is no appeal pending in:
(1)(d)(ii)(A) an appellate court for any individual adjudicated for the offense; or
(1)(d)(ii)(B) the district court for a trial de novo for any individual adjudicated by a justice court for the offense;
(1)(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:
(1)(e)(i) the appellate court's final decision upholds the individual's adjudication;
(1)(e)(ii) each individual charged with the offense has been adjudicated; and
(1)(e)(iii) there is no appeal pending in:
(1)(e)(iii)(A) an appellate court for any individual adjudicated for the offense; or
(1)(e)(iii)(B) the district court for a trial de novo for any individual adjudicated by a justice court for the offense; or
(1)(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.

Legislative History

Amended by Chapter 164, 2024 General Session