Section 104 – Remedies for failure to preserve evidence.
Effective 5/4/2022 53-20-104. Remedies for failure to preserve 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 […]
Section 102 – Preservation of evidence — Procedures — Inventory request.
Effective 5/4/2022 53-20-102. Preservation of evidence — Procedures — Inventory request. (1) Except as provided in Section 53-20-103, an evidence collecting or retaining entity shall preserve biological evidence: (a) for the longer of: (i) the length of the statute of limitations for the violent felony offense if: (A) no charges are filed for the violent […]
Section 103 – Exceptions.
Effective 5/4/2022 53-20-103. Exceptions. (1) As used in this section, “offense concerning driving under the influence” means: (a) Section 41-6a-502; (b) Section 41-6a-502.5; (c) Section 41-6a-517; (d) Section 41-6a-530; (e) Section 76-5-102.1; (f) Section 76-5-207; and (g) a local ordinance similar to the offenses described in this Subsection (1). (2) Section 53-20-102 does not apply […]