All Roll Calls
Yes: 133 • No: 0
UtahS.B. 712026 General SessionSenate
Evidence Retention Amendments
Sponsored By: Wayne A. Harper (Republican)
Signed by Governor
Abuse, Neglect, or DependencyAttorneysCrimesLaw Enforcement and Criminal JusticeSexual OffensesWeaponsAssault and BatteryHomicideKidnapping
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Bill Overview
Analyzed Economic Effects
5 provisions identified: 4 benefits, 0 costs, 1 mixed.
Felony evidence must be kept longer
Beginning May 6, 2026, agencies must keep felony evidence for the longest of these periods: the statute of limitations if no charges are filed or the crime is unsolved; the time a convicted person remains in custody for listed serious felonies; one year after direct appeals end; while timely postconviction or federal habeas cases are pending; or 20 years for the contents of a sexual assault kit. If a case ends in acquittal or dismissal, the prosecutor decides how long to keep it. Agencies must maintain an unbroken chain of custody.
New rules to dispose misdemeanor evidence
Beginning May 6, 2026, an agency must ask the prosecutor in writing before returning or disposing of misdemeanor evidence. The request must list the items, explain why the law does not require keeping them, and list steps taken to preserve needed proof. The prosecutor must confirm receipt in 15 days and decide within 60 days. The agency must also send notice by certified mail to the person in custody, their lawyer, the lawyer’s employer, the prosecutor, and the Utah attorney general. Anyone notified can object within 60 days; if there is an objection or denial, the agency must keep the evidence. Agencies and prosecutors can follow an approved MOU instead of these steps.
Notice and rights before DNA evidence disposal
Beginning May 6, 2026, a defendant can request an inventory of biological evidence; if items cannot be found, the custodian must provide a sworn affidavit describing the search. If an agency plans to dispose of biological evidence early, it must send certified notice to the convicted person still in custody, their lawyer and the lawyer’s employer at conviction, the prosecutor, and the Utah attorney general; for sexual assault kits, the victim must also be notified as required by law. Recipients have 180 days to file for DNA testing or ask the agency to keep the evidence. The agency may not dispose early if a timely motion or written request is filed, or if any law requires preservation. If the agency receives a written request to retain, it must keep the evidence for the required period. The Evidence Retention Amendments take effect May 6, 2026.
Stronger DNA evidence rules for violent felonies
Beginning May 6, 2026, agencies must preserve biological evidence in violent felony cases. They must keep it for the longest of these: the statute of limitations if no charges; the time a convicted person remains in custody for listed felonies; one year after direct appeals end; while timely postconviction or federal habeas cases are pending; or 20 years for the contents of a sexual assault kit. Agencies must keep enough material for a DNA profile and, if possible, for independent testing, and must keep a continuous chain of custody. If they do not keep the whole item, they must remove and preserve the parts likely to hold biological material. Agencies or courts may keep the evidence themselves or return it to the original agency if chain of custody stays intact.
Court review for disposing felony evidence
Beginning May 6, 2026, if a prosecutor denies or does not answer on time, or someone objects, an agency may ask the court to allow return or disposal of felony evidence. The court holds a hearing. The court may grant disposal only if keeping the items is impracticable or unsafe, or the items no longer have significant value, and the agency has preserved enough proof for prosecution. If the item has biological material relevant to the case, the court may require collecting and preserving that material first. The agency must keep the evidence until the court orders otherwise or the legal retention time runs out.
Sponsors & Cosponsors
Sponsor
Wayne A. Harper
Republican • Senate
Cosponsors
Ken Ivory
Republican • House
Roll Call Votes
House vote • 2/26/2026
House/ passed 3rd reading
Yes: 72 • No: 0
House vote • 2/25/2026
House Comm - Favorable Recommendation
Yes: 11 • No: 0
Senate vote • 2/17/2026
Senate/ uncircled
Yes: 0 • No: 0
Senate vote • 2/17/2026
Senate/ passed 3rd reading
Yes: 24 • No: 0
Senate vote • 2/17/2026
Senate/ circled
Yes: 0 • No: 0
Senate vote • 2/13/2026
Senate/ passed 2nd reading
Yes: 21 • No: 0
House vote • 1/27/2026
Senate Comm - Favorable Recommendation
Yes: 5 • No: 0
Actions Timeline
Governor Signed
3/23/2026Senate/ to Governor
3/11/2026SenateSenate/ received enrolled bill from Printing
3/11/2026SenateSenate/ enrolled bill to Printing
3/3/2026SenateEnrolled Bill Returned to House or Senate
3/3/2026Draft of Enrolled Bill Prepared
3/2/2026Bill Received from Senate for Enrolling
3/2/2026Senate/ signed by President/ sent for enrolling
2/26/2026SenateSenate/ received from House
2/26/2026SenateHouse/ to Senate
2/26/2026HouseHouse/ signed by Speaker/ returned to Senate
2/26/2026HouseHouse/ passed 3rd reading
2/26/2026HouseHouse/ 3rd reading
2/26/2026HouseHouse/ 2nd reading
2/25/2026HouseHouse/ committee report favorable
2/25/2026HouseHouse Comm - Favorable Recommendation
2/25/2026House/ to standing committee
2/19/2026HouseHouse/ 1st reading (Introduced)
2/18/2026HouseHouse/ received from Senate
2/17/2026HouseSenate/ to House
2/17/2026SenateSenate/ passed 3rd reading
2/17/2026SenateSenate/ uncircled
2/17/2026SenateSenate/ circled
2/17/2026SenateSenate/ 3rd reading
2/17/2026SenateSenate/ passed 2nd reading
2/13/2026Senate
Bill Text
Enrolled
3/3/2026
Introduced
1/5/2026