Section 77-11c-201 - Retention of evidence of misdemeanor offenses(1) An agency shall retain evidence of a misdemeanor offense for the longer of: (a) the length of the statute of limitations for the offense if:(i) no charges are filed for the offense; or(ii) the offense remains unsolved;(b) 60 days after the day on which any individual charged with the offense is acquitted if each individual charged with the offense is acquitted;(c) 90 days after the day on which any individual is adjudicated for the offense if:(i) each individual charged with the offense has been adjudicated;(ii) there is no appeal pending in:(A) an appellate court for any individual adjudicated for the offense; or(B) the district court for a trial de novo for any individual adjudicated by a justice court for the offense; and(iii) there is no post-trial motion pending in the court:(A) for a new trial under Rule 24 of the Utah Rules of Criminal Procedure;(B) to amend or make additional findings of fact under Rule 52(b) of the Utah Rules of Civil Procedure; or(C) for relief under Rule 60(b) of the Utah Rules of Civil Procedure;(d) 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:(i) 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(ii) there is no appeal pending in: (A) an appellate court for any individual adjudicated for the offense; or(B) the district court for a trial de novo for any individual adjudicated by a justice court for the offense;(e) 30 days after the day on which an appellate court issues a remittitur for an appeal of any individual adjudicated for the offense if:(i) the appellate court's final decision upholds the individual's adjudication;(ii) each individual charged with the offense has been adjudicated; and(iii) there is no appeal pending in:(A) an appellate court for any individual adjudicated for the offense; or(B) the district court for a trial de novo for any individual adjudicated by a justice court for the offense; or(f) 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.Amended by Chapter 164, 2024 General Session ,§ 5, eff. 5/1/2024.Added by Chapter 448, 2023 General Session ,§ 59, eff. 5/3/2023.