1. (1)

   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:

      1. (i) the grant of a new trial;
      2. (ii) an instruction to the jury that evidence was not preserved as required by law;
      3. (iii) the reduction of the sentence;
      4. (iv) the dismissal of the criminal charge;
      5. (v) the vacation of the conviction; or
      6. (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.

   2. (b) The provisions in Subsection (1)(a) apply only if:

      1. (i) a defendant's appeal has not concluded;
      2. (ii) a defendant's time for appeal has not expired; or
      3. (iii) a defendant has received a new trial in accordance with Subsection (2)(b).

2. (2)

   1. (a) A defendant shall seek relief under Title 78B, Chapter 9, Postconviction Remedies Act, if:

      1. (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

      2. (ii)

         1. (A) the defendant's appeal has concluded; or
         2. (B) the time for the defendant's appeal has expired.
   2. (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 and Amended by Chapter 448, 2023 General Session