Utah § 77-11c-301 Retention of evidence for felony offenses.

Utah Statutes

§ 77-11c-301 — Retention of evidence for felony offenses.

Utah § 77-11c-301

Title 77Utah Code of Criminal Procedure

Ch. 77-11cRetention of Evidence

Part 77-11c-3Retention of Evidence for Felony Offenses

This text of Utah § 77-11c-301 (Retention of evidence for felony offenses.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 77-11c-301 (2026).

Text

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

(1)(a) for the longer of:

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

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

(1)(a)(i)(B) the felony offense remains unsolved;

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

(1)(a)(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; or

(1)(a)(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

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(1) Except as provided in Subsection (4), an agency shall retain evidence of a felony offense:
(1)(a) for the longer of:
(1)(a)(i) the length of the statute of limitations for the felony offense if:
(1)(a)(i)(A) charges are not filed for the felony offense; or
(1)(a)(i)(B) the felony offense remains unsolved;
(1)(a)(ii) the length of time that any individual convicted of the felony offense, or a lesser included offense, remains in custody;
(1)(a)(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; or
(1)(a)(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
(1)(a)(v) 20 years from the day on which the evidence is collected if the evidence is the contents of a sexual assault kit; or
(1)(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.