1. (1) An agency shall retain evidence of a misdemeanor offense for the longer of:

   1. (a) the length of the statute of limitations for the offense if:

      1. (i) no charges are filed for the offense; or
      2. (ii) the offense remains unsolved;
   2. (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;

   3. (c) 90 days after the day on which any individual is adjudicated for the offense if:

      1. (i) each individual charged with the offense has been adjudicated;

      2. (ii) there is no appeal pending in:

         1. (A) an appellate court for any individual adjudicated for the offense; or
         2. (B) the district court for a trial de novo for any individual adjudicated by a justice court for the offense; and

      3. (iii) there is no post-trial motion pending in the court:

         1. (A) for a new trial under Rule 24 of the Utah Rules of Criminal Procedure;
         2. (B) to amend or make additional findings of fact under Rule 52(b) of the Utah Rules of Civil Procedure; or
         3. (C) for relief under Rule 60(b) of the Utah Rules of Civil Procedure;

   4. (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:

      1. (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

      2. (ii) there is no appeal pending in:

         1. (A) an appellate court for any individual adjudicated for the offense; or
         2. (B) the district court for a trial de novo for any individual adjudicated by a justice court for the offense;

   5. (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:

      1. (i) the appellate court's final decision upholds the individual's adjudication;
      2. (ii) each individual charged with the offense has been adjudicated; and

      3. (iii) there is no appeal pending in:

         1. (A) an appellate court for any individual adjudicated for the offense; or
         2. (B) the district court for a trial de novo for any individual adjudicated by a justice court for the offense; or
   6. (f) 20 years from the day on which the evidence is collected if the evidence is a sexual assault kit.
2. (2) Subsection (1) does not require an agency to return or dispose of evidence of a misdemeanor offense.
3. (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