Section 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.Renumbered from § 53-20-104 and amended by Chapter 448, 2023 General Session ,§ 65, eff. 5/3/2023.Added by Chapter 120, 2022 General Session ,§ 11, eff. 5/4/2022.