77-11c-201. Retention of evidence of misdemeanor offenses.
(1) An agency shall retain evidence of a misdemeanor offense for the longer of: the length of the statute of limitations for the offense if: no charges are filed for the offense; or the offense remains unsolved; 60 days after the day on which any individual charged with the offense is acquitted if each individual charged with the offense is acquitted; 90 days after the day on which any individual is adjudicated for the offense if: each individual charged with the offense has been adjudicated; there is no appeal pending in: an appellate court for any individual adjudicated for the offense; or the district court for a trial de novo for any individual adjudicated by a justice court for the offense; and there is no post-trial motion pending in the court: for a new trial under Rule 24 of the Utah Rules of Criminal Procedure; to amend or make additional findings of fact under Rule 52(b) of the Utah Rules of Civil Procedure; or for relief under Rule 60(b) of the Utah Rules of Civil Procedure; 30 days after the day on which any individual is adjudicated by a district court for the offense on a trial de novo from the justice court if: each individual charged with the offense has been adjudicated by a justice court or a district court on a trial de novo from the justice court; and there is no appeal pending in: an appellate court for any individual adjudicated for the offense; or the district court for a trial de novo for any individual adjudicated by a justice court for the offense; 30 days after the day on which an appellate court issues a remittitur for an appeal of any individual adjudicated for the offense if: the appellate court's final decision upholds the individual's adjudication; each individual charged with the offense has been adjudicated; and there is no appeal pending in: an appellate court for any individual adjudicated for the offense; or the district court for a trial de novo for any individual adjudicated by a justice court for the offense; or 20 years from the day on which the evidence is collected if the evidence is a sexual assault kit.
(2) Subsection (1) does not require an agency to return or dispose of evidence of a misdemeanor offense.
(3) An agency shall ensure that evidence of a misdemeanor offense is subject to a continuous chain of custody.