Utah statute
Utah Code Ann. § 77-11c-403 — Remedies for failure to preserve biological evidence.
Current through 2026 General Session
Part of Part 4: Preservation of Biological Evidence for Violent Felony Offenses, Utah Code.
Full text of Utah Code Ann. § 77-11c-403
Statutory text current through the 2026 General Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Utah.
(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)(a)(i) the grant of a new trial; (1)(a)(ii) an instruction to the jury that evidence was not preserved as required by law; (1)(a)(iii) the reduction of the sentence; (1)(a)(iv) the dismissal of the criminal charge; (1)(a)(v) the vacation of the conviction; or (1)(a)(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. (1)(b) The provisions in Subsection (1)(a) apply only if: (1)(b)(i) a defendant's appeal has not concluded; (1)(b)(ii) a defendant's time for appeal has not expired; or (1)(b)(iii) a defendant has received a new trial in accordance with Subsection (2)(b). (2)(a) A defendant shall seek relief under Title 78B, Chapter 9, Postconviction Remedies Act, if: (2)(a)(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)(a)(ii)(A) the defendant's appeal has concluded; or (2)(a)(ii)(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.
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