77-11c-302. Requirements for not retaining evidence of felony offense -- Preservation of sufficient evidence.
(1) An agency is not required to retain evidence of a felony offense under Sectionif: 77-11c-301 the agency determines that: the size, bulk, or physical character of the evidence renders retention impracticable or the evidence poses a security or safety problem for the agency; and the evidence no longer has any significant evidentiary value; the agency preserves sufficient evidence from the property, contraband, item, or substance for use as evidence in a prosecution of the offense; and a prosecuting attorney or a court authorizes the agency to return or dispose of the evidence as described in Subsection; 77-11c-303 a court orders the agency to return evidence that is property to a claimant under Section; or 77-11a-305 the evidence is wildlife or parts of wildlife.
(2) Notwithstanding Subsection (1), the agency may not dispose of evidence of a felony offense that is a sexual assault kit before the day on which the time period described in Sectionexpires if: 77-11c-301 the agency sends a notice to the victim in accordance with Section; and 53-10-905 the victim submits a written request for retention of the evidence within the 180-day period described in Section. 53-10-905
(3) Subsection (1) does not require an agency to return or dispose of evidence of a felony offense.
(4) Subsection (1) does not apply to biological evidence of a violent felony offense because an agency is required to retain biological evidence of a violent felony offense as described in Part 4, Preservation of Biological Evidence for Violent Felony Offenses.
(5) If the evidence described in Subsection (1) is a controlled substance, an agency shall preserve sufficient evidence under Subsection (1)(a)(ii) of the controlled substance by: collecting and preserving a sample of the controlled substance for independent testing and use as evidence; taking a photographic or video record of the controlled substance with identifying case numbers; maintaining a written report of a chemical analysis of the controlled substance if a chemical analysis was performed by the agency; if the controlled substance exceeds 10 pounds, retaining at least one pound of the controlled substance that is randomly selected from the controlled substance; and for a violent felony offense, collecting and preserving biological evidence from the controlled substance as described in Section. 77-11c-401
(6) If the evidence described in Subsection (1) is drug paraphernalia, an agency shall preserve sufficient evidence under Subsection (1)(a)(ii) of the drug paraphernalia by: collecting and preserving a sample of the controlled substance from the drug paraphernalia for independent testing and use as evidence; maintaining a written report of a chemical analysis of the drug paraphernalia if a chemical analysis was performed by the agency; taking a photographic or video record of the drug paraphernalia with identifying case numbers; and for a violent felony offense, collecting and preserving biological evidence from the drug paraphernalia as described in Section. 77-11c-401
(7) If the evidence described in Subsection (1) is a computer, the agency shall preserve sufficient evidence under Subsection (1)(a)(ii) of the computer by: extracting all data from the computer that would be evidence in a prosecution of an individual for the offense; taking a photographic or video record of the computer with identifying case numbers; and for a violent felony offense, collecting and preserving biological evidence from the computer as described in Section. 77-11c-401
(8) For any other type of evidence, the agency shall preserve sufficient evidence under Subsection (1)(a)(ii) of the property, contraband, item, or substance by: taking a photographic or video record of the property, contraband, item, or substance with identifying case numbers; and for a violent felony offense, collecting and preserving biological evidence as described in Section. 77-11c-401