SB 71 — Evidence Retention Amendments

01-20Enrolled 20:18Copy S.B.

B .

Request to prosecuting attorney by agency -- Notification to 7 defendant.

1 (1) If an agency determines that the agency is not required to retain evidence of a misdemeanor offense under Subsection 77-11c-202(1)(a)(i) and the agency seeks to return or dispose of the evidence, the agency shall send a written request to the S.B.

71 01-20Enrolled 20:18Copy misdemeanor offense under Subsection 77-11c-202(1)(a)(i) and the agency seeks to return or dispose of the evidence, the agency shall send a written request to the prosecuting attorney that:

and] [(b) explains that the individual receiving the notice may submit a written objection to the prosecuting attorney.] [(4)(a) An individual, who is charged with or adjudicated for the offense, may submit a written objection to the return or disposal of the evidence by the agency no later than 30 days after the day on which the prosecuting attorney receives proof of delivery under Subsection (3).] [(b) If an individual submits a written objection under Subsection (4)(a), the prosecuting attorney shall send a written notification to the agency that explains the reason for which the prosecuting attorney is denying the agency's request.] [(c) If the prosecuting attorney does not receive a written objection within the time period described in Subsection (4)(a), the prosecuting attorney shall send a written notification to the agency that grants the agency's request to return or dispose of the evidence.] [(5)(a) If a prosecuting attorney receives a written request from an agency seeking to - 2 - 01-20Enrolled 20:18Copy S.B.

71 evidence.] [(5)(a) If a prosecuting attorney receives a written request from an agency seeking to return or dispose of evidence, the prosecuting attorney shall:] [(i) provide a notice of receipt to the agency within 15 days after the day on which the prosecuting attorney receives the written request;

(4)(a) If a person described in Subsection (3) receives a request from an agency seeking to- return3 or- disposeS.B. of evidence of the misdemeanor offense, the person may object to the agency's request to return or dispose of evidence of the misdemeanor offense.

-71 3Enrolled -Copy S.B.to return or dispose of evidence of the misdemeanor offense, the person may object to the agency's request to return or dispose of evidence of the misdemeanor offense.

71 01-20 20:18 (b) To object to an agency's request under Subsection (4)(a), the person shall send a written objection to the agency and prosecuting attorney within 60 days after the day on which the person receives the agency's request.

(D)- child4 abuse- homicideEnrolled asCopy describedS.B. in Section 76-5-208;

71 (D) child abuse homicide as described in Section 76-5-208;

-(F) 4kidnapping -as 01-20described 20:18in S.B.Section 76-5-301;

71 (F) kidnapping as described in Section 76-5-301;

(2) An agency shall ensure that evidence of a felony offense is subject to a continuous chain of custody.

71 01-20Enrolled 20:18Copy (3)(2) SubsectionAn (1)agency doesshall notensure requirethat anevidence agencyof toa returnfelony oroffense disposeis ofsubject evidenceto of a felonycontinuous offense.chain of custody.

(3) Subsection (1) does not require an agency to return or dispose of evidence of a felony offense.

(d)- if6 applicable,- theEnrolled prosecutingCopy agencyS.B. responsible for the prosecution of each individual described in Subsection (3)(a);

and71 -(d) 6if -applicable, 01-20the 20:18prosecuting S.B.agency responsible for the prosecution of each individual described in Subsection (3)(a);

71and (e) the Utah attorney general.

(9) If the court determines that a prosecuting attorney, or a person described in Subsection (3), objects to an agency's request to dispose or return of physical evidence of a felony offense because the physical evidence contains biological evidence that would be evidence in a prosecution of the offense, the court may require the agency to collect and preserve biological evidence from the physical evidence before the agency returns or disposes- of7 the- evidence.S.B.

(10)71 IfEnrolled aCopy prosecutingdisposes attorneyof denies the agency'sevidence. written request or a person described in - 7 - S.B.

71(10) 01-20If 20:18a prosecuting attorney denies the agency's written request or a person described in Subsection (3) objects to the agency's written request, the agency shall retain the evidence of a felony offense as described in Section 77-11c-301 until:

(K)- object8 rape- ofEnrolled aCopy childS.B. as described in Section 76-5-402.3;

71 (K) object rape of a child as described in Section 76-5-402.3;

-(M) 8sodomy -on 01-20a 20:18child S.B.as described in Section 76-5-403.1;

71 (M) sodomy on a child as described in Section 76-5-403.1;

(4)(a) Upon request by a defendant under Title 63G, Chapter 2, Government Records Access and Management Act, the evidence collecting or retaining entity shall prepare - 9 - S.B.

71 01-20Enrolled 20:18Copy (4)(a) Upon request by a defendant under Title 63G, Chapter 2, Government Records Access and Management Act, the evidence collecting or retaining entity shall prepare an inventory of the biological evidence preserved in connection with the defendant's criminal case.

(c) An evidence collecting or retaining entity shall send a notice of intent to dispose of biological evidence that is the contents of a sexual assault kit to a victim in accordance- with10 Section- 53-10-905.Enrolled Copy S.B.

(6)71 Theaccordance evidencewith collectingSection or53-10-905. retaining entity may not dispose of biological evidence of a - 10 - 01-20 20:18 S.B.

71(6) The evidence collecting or retaining entity may not dispose of biological evidence of a violent felony offense before the day on which the time period described in Subsection (2) expires if:

or (b) if a continuous chain of custody can be maintained, return the biological evidence to the- custody11 of- theS.B. other law enforcement agency that originally provided the biological evidence to the law enforcement agency.

-71 11Enrolled -Copy S.B.the custody of the other law enforcement agency that originally provided the biological evidence to the law enforcement agency.

71 01-20 20:18 Section 5.