77-11c-403. Remedies for failure to preserve biological evidence.
(1)(a) Except as provided in Subsections (1)(b) and (2), if a court finds that biological evidence that reasonably could have been found to be exculpatory in a defendant's criminal case was not preserved in accordance with this chapter, the court may impose sanctions and remedies at the court's discretion, including:
(i) the grant of a new trial;
(ii) an instruction to the jury that evidence was not preserved as required by law;
(iii) the reduction of the sentence;
(iv) the dismissal of the criminal charge;
(v) the vacation of the conviction; or
(vi) the entry of a finding that because the evidence was not preserved in accordance with this chapter, a presumption exists that the evidence would have been exculpatory to the defendant.
(b) The provisions in Subsection (1)(a) apply only if:
(i) a defendant's appeal has not concluded;
(ii) a defendant's time for appeal has not expired; or
(iii) a defendant has received a new trial in accordance with Subsection (2)(b).
(2)(a) A defendant shall seek relief under Title 78B, Chapter 9, Postconviction Remedies Act, if:
(i) the defendant alleges that the biological evidence that is the basis for the defendant's claim was not preserved in accordance with this chapter; and
(ii)(A) the defendant's appeal has concluded; or
(B) the time for the defendant's appeal has expired.
(b) If a defendant obtains relief under Title 78B, Chapter 9, Postconviction Remedies Act, the provisions in Subsection (1) apply to the defendant's new trial.