{"data":{"id":"us-ut/utah-code-77-11c-302","jurisdiction":"us-ut","citation":"Utah Code § 77-11c-302","heading":"Requirements for not retaining evidence of felony offense -- Preservation of sufficient evidence.","body":"(1) An agency is not required to retain evidence of a felony offense under Section 77-11c-301 if:\n(a)\n(i) the agency determines that:\n(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\n(B) the evidence no longer has any significant evidentiary value;\n(ii) the agency preserves sufficient evidence from the property, contraband, item, or substance for use as evidence in a prosecution of the offense; and\n(iii) a prosecuting attorney or a court authorizes the agency to return or dispose of the evidence as described in Subsection 77-11c-303;\n(b) a court orders the agency to return evidence that is property to a claimant under Section 77-11a-305; or\n(c) the evidence is wildlife or parts of wildlife.\n(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:\n(a) the agency sends a notice to the victim in accordance with Section 53-10-905; and\n(b) the victim submits a written request for retention of the evidence within the 180-day period described in Section 53-10-905.\n(3) Subsection (1) does not require an agency to return or dispose of evidence of a felony offense.\n(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.\n(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:\n(a) collecting and preserving a sample of the controlled substance for independent testing and use as evidence;\n(b) taking a photographic or video record of the controlled substance with identifying case numbers;\n(c) maintaining a written report of a chemical analysis of the controlled substance if a chemical analysis was performed by the agency;\n(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\n(e) for a violent felony offense, collecting and preserving biological evidence from the controlled substance as described in Section 77-11c-401.\n(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:\n(a) collecting and preserving a sample of the controlled substance from the drug paraphernalia for independent testing and use as evidence;\n(b) maintaining a written report of a chemical analysis of the drug paraphernalia if a chemical analysis was performed by the agency;\n(c) taking a photographic or video record of the drug paraphernalia with identifying case numbers; and\n(d) for a violent felony offense, collecting and preserving biological evidence from the drug paraphernalia as described in Section 77-11c-401.\n(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:\n(a) extracting all data from the computer that would be evidence in a prosecution of an individual for the offense;\n(b) taking a photographic or video record of the computer with identifying case numbers; and\n(c) for a violent felony offense, collecting and preserving biological evidence from the computer as described in Section 77-11c-401.\n(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:\n(a) taking a photographic or video record of the property, contraband, item, or substance with identifying case numbers; and\n(b) for a violent felony offense, collecting and preserving biological evidence as described in Section 77-11c-401.","path":["Title 77 Criminal Procedure","Chapter 77-11c Retention of Evidence","Part 77-11c-3 Retention of Evidence for Felony Offenses"],"source_url":"https://le.utah.gov/xcode/Title77/Chapter11c/77-11c-S302.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:34Z","sha256":"2432410b15176e6349d398f8d766747280dbec67c5e1772f0221c99133a919f3","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-77-11c-301","next":"us-ut/utah-code-77-11c-303"},"notice":"GroundRules: Original legal text. Not legal advice."}