1. (1) Except as provided in Subsection (4), an agency shall retain evidence of a felony offense:

   1. (a) for the longer of:

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

         1. (A) charges are not filed for the felony offense; or
         2. (B) the felony offense remains unsolved;

      2. (ii) the length of time that an individual remains in custody if the individual is convicted of:

         1. (A) aggravated murder as described in Section 76-5-202;
         2. (B) murder as described in Section 76-5-203;
         3. (C) manslaughter as described in Section 76-5-205;
         4. (D) child abuse homicide as described in Section 76-5-208;
         5. (E) homicide by assault as described in Section 76-5-209;
         6. (F) kidnapping as described in Section 76-5-301;
         7. (G) aggravated kidnapping as described in Section 76-5-302;
         8. (H) rape as described in Section 76-5-402;
         9. (I) rape of a child as described in Section 76-5-402.1;
         10. (J) object rape as described in Section 76-5-402.2;
         11. (K) object rape of a child as described in Section 76-5-402.3;
         12. (L) forcible sodomy as described in Section 76-5-403;
         13. (M) sodomy on a child as described in Section 76-5-403.1;
         14. (N) forcible sexual abuse as described in Section 76-5-404;
         15. (O) sexual abuse of a child as described in Section 76-5-404.1;
         16. (P) aggravated sexual abuse of a child as described in Section 76-5-404.3;
         17. (Q) aggravated sexual assault as described in Section 76-5-405;
         18. (R) robbery as described in Section 76-6-301;
         19. (S) aggravated robbery as described in Section 76-6-302;
         20. (T) felony discharge of a firearm as described in Section 76-11-210; or
         21. (U) aggravated assault resulting in bodily injury as described in Subsection 76-5-103(3)(b) or (c);
      3. (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;
      4. (iv) the length of time that a petition for postconviction relief brought under Title 78B, Chapter 9, Postconviction Remedies Act, 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);
      5. (v) the length of time that a petition for a writ of habeas corpus brought under 28 U.S.C. Sec. 2254, 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 28 U.S.C. Sec. 2244(d)(1); or
      6. (vi) 20 years from the day on which the evidence is collected if the evidence is the contents of a sexual assault kit; or
   2. (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. (2) An agency shall ensure that evidence of a felony offense is subject to a continuous chain of custody.
3. (3) Subsection (1) does not require an agency to return or dispose of evidence of a felony offense.
4. (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 253, 2026 General Session