{"data":{"id":"us-ut/utah-code-77-11c-403","jurisdiction":"us-ut","citation":"Utah Code § 77-11c-403","heading":"Remedies for failure to preserve biological evidence.","body":"(1)\n(a) Except as provided in Subsections (1)(b) and (2), if a court finds that biological evidence that reasonably could have been found to be exculpatory in a defendant's criminal case was not preserved in accordance with this chapter, the court may impose sanctions and remedies at the court's discretion, including:\n(i) the grant of a new trial;\n(ii) an instruction to the jury that evidence was not preserved as required by law;\n(iii) the reduction of the sentence;\n(iv) the dismissal of the criminal charge;\n(v) the vacation of the conviction; or\n(vi) the entry of a finding that because the evidence was not preserved in accordance with this chapter, a presumption exists that the evidence would have been exculpatory to the defendant.\n(b) The provisions in Subsection (1)(a) apply only if:\n(i) a defendant's appeal has not concluded;\n(ii) a defendant's time for appeal has not expired; or\n(iii) a defendant has received a new trial in accordance with Subsection (2)(b).\n(2)\n(a) A defendant shall seek relief under Title 78B, Chapter 9, Postconviction Remedies Act, if:\n(i) the defendant alleges that the biological evidence that is the basis for the defendant's claim was not preserved in accordance with this chapter; and\n(ii)\n(A) the defendant's appeal has concluded; or\n(B) the time for the defendant's appeal has expired.\n(b) If a defendant obtains relief under Title 78B, Chapter 9, Postconviction Remedies Act, the provisions in Subsection (1) apply to the defendant's new trial.","path":["Title 77 Criminal Procedure","Chapter 77-11c Retention of Evidence","Part 77-11c-4 Preservation of Biological Evidence for Violent Felony Offenses"],"source_url":"https://le.utah.gov/xcode/Title77/Chapter11c/77-11c-S403.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:34Z","sha256":"8e2ff3a2717d2a2a19dc679b22ab5e6e0510cdc21157918093c19d80418d8d65","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-77-11c-402","next":"us-ut/utah-code-77-11d-101"},"notice":"GroundRules: Original legal text. Not legal advice."}