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
3 provisions identified: 3 benefits, 0 costs, 0 mixed.
DNA evidence protections for felony defendants
Beginning May 6, 2026, Utah custodians must preserve biological evidence from violent felonies for the longest applicable retention period. This includes custody for listed serious convictions, charging deadlines, and one year after direct appeals end. Timely state postconviction and federal habeas cases, including appeals, also extend preservation. State petitions must be filed within that one-year window; federal petitions must meet the federal filing deadline. Sexual assault kit contents must remain preserved for at least 20 years from collection. Prosecutors may choose longer preservation after acquittal or dismissal. Custodians must keep enough material to develop a DNA profile and, when practical, allow independent testing. They must maintain a continuous chain of custody. Before early disposal, they must notify the required felony-notice recipients, including the Attorney General, plus sexual assault kit recipients. Notice to defendants or defense counsel starts a 180-day window from proof of delivery to seek DNA testing or request retention. Early disposal is barred during that window, after a timely testing motion or written retention request, or when another law requires retention. Before returning or discarding an item's remainder, custodians must preserve portions likely to contain biological evidence. Defendants may request an inventory under Utah's public records law. For missing evidence, custodians must provide a sworn statement describing their search and confirming they could not find it. Agencies or courts may keep the evidence or return it to its original custodian while maintaining the chain of custody.
Longer evidence protection for felony defendants
Beginning May 6, 2026, Utah agencies must keep felony evidence for the longest applicable retention period. For listed serious convictions, that includes the entire time the convicted person remains in custody. Listed crimes include homicide, kidnapping, sexual offenses, robbery, felony firearm discharge, and aggravated assault causing bodily injury. Other periods include the time limit for charging unfiled or unsolved offenses and one year after direct appeals end. Evidence must also remain available during state postconviction cases and appeals filed within that one-year window. Federal habeas cases and appeals extend retention when filed within the federal deadline under 28 U.S.C. Section 2244(d)(1). Sexual assault kit contents must be kept for 20 years from collection, or longer when another retention rule applies. After an acquittal or dismissal, state or federal prosecutors may choose to preserve evidence longer.
Defendants get notice before evidence disposal
Beginning May 6, 2026, Utah agencies seeking to return or discard evidence they no longer must keep need a written request. It must identify the evidence, explain why retention is unnecessary, and describe steps to preserve enough evidence for prosecution. Prosecutors must acknowledge receipt within 15 days and grant or deny the request within 60 days. Felony denials must include reasons. Agencies must notify affected people still in custody, their counsel, counsel's employer at conviction, and the prosecuting agency. Felony notices must also reach the Utah Attorney General. Recipients have 60 days after receipt to object in writing; misdemeanor objections must go to both the agency and prosecutor. For misdemeanors, an objection or prosecutor's denial requires continued retention under the retention rules. Without an objection, a prosecutor's approval allows return or disposal. Felony requests and notices must use certified mail or a delivery service providing proof, including electronic delivery services. For felonies, an objection, denial, or missed prosecutor deadline allows the agency to seek a court order. The agency must show it is more likely than not that storage is impractical because of size, bulk, security, or safety, or that the evidence no longer has significant value. It must also show that enough evidence will remain for prosecution. Courts may require biological material useful for prosecution to be collected and preserved first. Evidence subject to a denial or objection stays retained until a court order allows disposal or retention periods expire. These notice and objection procedures do not apply when an agency-prosecutor memorandum of understanding governs return or disposal.
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
Senate 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