1. (1) An agency is not required to retain evidence of a felony offense under Section 77-11c-301 if:

   1. (a)

      1. (i) the agency determines that:

         1. (A) the size, bulk, or physical character of the evidence renders retention impracticable or the evidence poses a security or safety problem for the agency; and
         2. (B) the evidence no longer has any significant evidentiary value;
      2. (ii) the agency preserves sufficient evidence from the property, contraband, item, or substance for use as evidence in a prosecution of the offense; and
      3. (iii) a prosecuting attorney or a court authorizes the agency to return or dispose of the evidence as described in Subsection 77-11c-303;
   2. (b) a court orders the agency to return evidence that is property to a claimant under Section 77-11a-305; or
   3. (c) the evidence is wildlife or parts of wildlife.

2. (2) Notwithstanding Subsection (1), the agency may not dispose of evidence of a felony offense that is a sexual assault kit before the day on which the time period described in Section 77-11c-301 expires if:

   1. (a) the agency sends a notice to the victim in accordance with Section 53-10-905; and
   2. (b) the victim submits a written request for retention of the evidence within the 180-day period described in Section 53-10-905.
3. (3) Subsection (1) does not require an agency to return or dispose of evidence of a felony offense.
4. (4) Subsection (1) does not apply to biological evidence of a violent felony offense because an agency is required to retain biological evidence of a violent felony offense as described in Part 4, Preservation of Biological Evidence for Violent Felony Offenses.

5. (5) If the evidence described in Subsection (1) is a controlled substance, an agency shall preserve sufficient evidence under Subsection (1)(a)(ii) of the controlled substance by:

   1. (a) collecting and preserving a sample of the controlled substance for independent testing and use as evidence;
   2. (b) taking a photographic or video record of the controlled substance with identifying case numbers;
   3. (c) maintaining a written report of a chemical analysis of the controlled substance if a chemical analysis was performed by the agency;
   4. (d) if the controlled substance exceeds 10 pounds, retaining at least one pound of the controlled substance that is randomly selected from the controlled substance; and
   5. (e) for a violent felony offense, collecting and preserving biological evidence from the controlled substance as described in Section 77-11c-401.

6. (6) If the evidence described in Subsection (1) is drug paraphernalia, an agency shall preserve sufficient evidence under Subsection (1)(a)(ii) of the drug paraphernalia by:

   1. (a) collecting and preserving a sample of the controlled substance from the drug paraphernalia for independent testing and use as evidence;
   2. (b) maintaining a written report of a chemical analysis of the drug paraphernalia if a chemical analysis was performed by the agency;
   3. (c) taking a photographic or video record of the drug paraphernalia with identifying case numbers; and
   4. (d) for a violent felony offense, collecting and preserving biological evidence from the drug paraphernalia as described in Section 77-11c-401.

7. (7) If the evidence described in Subsection (1) is a computer, the agency shall preserve sufficient evidence under Subsection (1)(a)(ii) of the computer by:

   1. (a) extracting all data from the computer that would be evidence in a prosecution of an individual for the offense;
   2. (b) taking a photographic or video record of the computer with identifying case numbers; and
   3. (c) for a violent felony offense, collecting and preserving biological evidence from the computer as described in Section 77-11c-401.

8. (8) For any other type of evidence, the agency shall preserve sufficient evidence under Subsection (1)(a)(ii) of the property, contraband, item, or substance by:

   1. (a) taking a photographic or video record of the property, contraband, item, or substance with identifying case numbers; and
   2. (b) for a violent felony offense, collecting and preserving biological evidence as described in Section 77-11c-401.

Enacted by Chapter 150, 2024 General Session