Section 77-11c-301 - Retention of evidence for felony offenses(1) Except as provided in Subsection (4), an agency shall retain evidence of a felony offense:(a) for the longer of: (i) the length of the statute of limitations for the felony offense if:(A) charges are not filed for the felony offense; or(B) the felony offense remains unsolved;(ii) the length of time that any individual convicted of the felony offense, or a lesser included offense, remains in custody;(iii) one year after the day on which all direct appeals of the final judgment for any individual convicted of the felony offense, or a lesser included offense, are exhausted; or(iv) the length of time that a petition for postconviction relief, and any appeal of the petition, is pending if an individual convicted of the felony offense files the petition within the one-year time period described in Subsection (1)(a)(iii); or(v) 20 years from the day on which the evidence is collected if the evidence is the contents of a sexual assault kit; or(b) at the discretion of the prosecuting attorney or federal prosecutor if the prosecution of the felony offense resulted in an acquittal or dismissal.(2) An agency shall ensure that evidence of a felony offense is subject to a continuous chain of custody.(3) Subsection (1) does not require an agency to return or dispose of evidence of a felony offense.(4) An agency shall retain and preserve biological evidence of a violent felony offense in accordance with Part 4, Preservation of Biological Evidence for Violent Felony Offenses.Amended by Chapter 150, 2024 General Session ,§ 11, eff. 5/1/2024.Amended by Chapter 164, 2024 General Session ,§ 14, eff. 5/1/2024.Amended by Chapter 164, 2024 General Session ,§ 7, eff. 5/1/2024.Renumbered from § 24-2-106 and amended by Chapter 448, 2023 General Session ,§ 62, eff. 5/3/2023.Amended by Chapter 120, 2022 General Session ,§ 2, eff. 5/4/2022.Renumbered from § 24-3-102 by Chapter 230, 2021 General Session ,§ 8, eff. 5/5/2021.Added by Chapter 394, 2013 General Session ,§ 9, eff. 7/1/2013.