This text of Utah § 77-11c-302 (Requirements for not retaining evidence of felony offense -- Preservation of sufficient evidence.) 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.
(1)An agency is not required to retain evidence of a felony offense under Section 77-11c-301 if:
(1)(a) (1)(a)(i) the agency determines that:
(1)(a)(i)(A) the size, bulk, or physical character of the evidence renders retention impracticable or the evidence poses a security or safety problem for the agency; and
(1)(a)(i)(B) the evidence no longer has any significant evidentiary value;
(1)(a)(ii) the agency preserves sufficient evidence from the property, contraband, item, or substance for use as evidence in a prosecution of the offense; and
(1)(a)(iii) a prosecuting attorney or a court authorizes the agency to return or dispose of the evidence as described in Subsection 77-11c-303;
(1)(b) a court orders the agency to return evidence that is property to a claimant under Section 77-11a-305;
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(1) An agency is not required to retain evidence of a felony offense under Section 77-11c-301 if:
(1)(a) (1)(a)(i) the agency determines that:
(1)(a)(i)(A) the size, bulk, or physical character of the evidence renders retention impracticable or the evidence poses a security or safety problem for the agency; and
(1)(a)(i)(B) the evidence no longer has any significant evidentiary value;
(1)(a)(ii) the agency preserves sufficient evidence from the property, contraband, item, or substance for use as evidence in a prosecution of the offense; and
(1)(a)(iii) a prosecuting attorney or a court authorizes the agency to return or dispose of the evidence as described in Subsection 77-11c-303;
(1)(b) a court orders the agency to return evidence that is property to a claimant under Section 77-11a-305; or
(1)(c) the evidence is wildlife or parts of wildlife.
(2) Notwithstanding Subsection (1), the agency may not dispose of evidence of a felony offense that is a sexual assault kit before the day on which the time period described in Section 77-11c-301 expires if:
(2)(a) the agency sends a notice to the victim in accordance with Section 53-10-905; and
(2)(b) the victim submits a written request for retention of the evidence within the 180-day period described in Section 53-10-905.
(3) Subsection (1) does not require an agency to return or dispose of evidence of a felony offense.
(4) Subsection (1) does not apply to biological evidence of a violent felony offense because an agency is required to retain biological evidence of a violent felony offense as described in Part 4, Preservation of Biological Evidence for Violent Felony Offenses.
(5) 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:
(5)(a) collecting and preserving a sample of the controlled substance for independent testing and use as evidence;
(5)(b) taking a photographic or video record of the controlled substance with identifying case numbers;
(5)(c) maintaining a written report of a chemical analysis of the controlled substance if a chemical analysis was performed by the agency;
(5)(d) if the controlled substance exceeds 10 pounds, retaining at least one pound of the controlled substance that is randomly selected from the controlled substance; and
(5)(e) for a violent felony offense, collecting and preserving biological evidence from the controlled substance as described in Section 77-11c-401.
(6) 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:
(6)(a) collecting and preserving a sample of the controlled substance from the drug paraphernalia for independent testing and use as evidence;
(6)(b) maintaining a written report of a chemical analysis of the drug paraphernalia if a chemical analysis was performed by the agency;
(6)(c) taking a photographic or video record of the drug paraphernalia with identifying case numbers; and
(6)(d) for a violent felony offense, collecting and preserving biological evidence from the drug paraphernalia as described in Section 77-11c-401.
(7) 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:
(7)(a) extracting all data from the computer that would be evidence in a prosecution of an individual for the offense;
(7)(b) taking a photographic or video record of the computer with identifying case numbers; and
(7)(c) for a violent felony offense, collecting and preserving biological evidence from the computer as described in Section 77-11c-401.
(8) 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:
(8)(a) taking a photographic or video record of the property, contraband, item, or substance with identifying case numbers; and
(8)(b) for a violent felony offense, collecting and preserving biological evidence as described in Section 77-11c-401.