77-7a-104.1. Adverse inference jury instruction.
(1) As used in this section, "adverse inference instruction" means an instruction that: is provided to a jury in accordance with Utah Rules of Criminal Procedure, Rule 19; and directs the jury that an officer's failure to comply with a requirement of Sectionmay give rise to an adverse inference against the officer. 77-7a-104
(2) A court presiding over a jury trial may provide an adverse inference instruction if the defendant seeking the adverse inference instruction establishes by a preponderance of the evidence that: an officer intentionally or, with reckless disregard of a requirement of Section, failed to comply with a requirement of Section; and 77-7a-104 77-7a-104 the officer's failure to comply with the requirement of Sectionis reasonably likely to affect the outcome of the defendant's trial. 77-7a-104 In considering whether to include an adverse inference instruction under Subsection, the court shall consider: (2)(a) the degree of prejudice to the defendant as a result of the officer's failure to comply with Section; 77-7a-104 the materiality and importance of the missing evidence in relation to the case as a whole; the strength of the remaining evidence; the degree of fault on behalf of the officer described in Subsectionor the law enforcement agency employing the officer, including whether evidence supports that the officer or the law enforcement agency displays a pattern of intentional or reckless disregard of the requirements of Section; and (2)(a)(i) 77-7a-104 other considerations the court determines are relevant to ensure just adjudication and due process. If a court includes an adverse inference instruction, the prosecutor shall, after the conclusion of the trial, send written notice of the instruction to the law enforcement agency that employed the officer described in Subsectionat the time of the offense, including: (2)(a)(i) the written order or a description of the order allowing for the instruction; the language of the instruction; and the outcome of the trial.