Requirements for not retaining evidence of felony offense -- Preservation of sufficient evidence.

(1) An agency is not required to retain evidence of a felony offense under Section 77-11c-301 if: (a) (i) the agency determines that: (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 (B) the evidence no longer has any significant evidentiary value; (ii) the agency preserves sufficient evidence from the property, contraband, item, or substance for use as evidence in a prosecution of the offense; and (iii) a prosecuting attorney or a court authorizes the agency to return or dispose of the evidence as described in Subsection 77-11c-303; (b) a court orders the agency to return evidence that is property to a claimant under Section 77-11a-305; or (c) the evidence is wildlife or parts of wildlife. (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: (a) the agency sends a notice to the victim in accordance with Section 53-10-905; and (b) the victim submits a written request for retention of the evidence within the 180-day period described in Section 53-10-905. (3) Subsection (1) does not require an agency to return or dispose of evidence of a felony offense. (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) 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: (a) collecting and preserving a sample of the controlled substance for independent testing and use as evidence; (b) taking a photographic or video record of the controlled substance with identifying case numbers; (c) maintaining a written report of a chemical analysis of the controlled substance if a chemical analysis was performed by the agency; (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 (e) for a violent felony offense, collecting and preserving biological evidence from the controlled substance as described in Section 77-11c-401. (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: (a) collecting and preserving a sample of the controlled substance from the drug paraphernalia for independent testing and use as evidence; (b) maintaining a written report of a chemical analysis of the drug paraphernalia if a chemical analysis was performed by the agency; (c) taking a photographic or video record of the drug paraphernalia with identifying case numbers; and (d) for a violent felony offense, collecting and preserving biological evidence from the drug paraphernalia as described in Section 77-11c-401. (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: (a) extracting all data from the computer that would be evidence in a prosecution of an individual for the offense; (b) taking a photographic or video record of the computer with identifying case numbers; and (c) for a violent felony offense, collecting and preserving biological evidence from the computer as described in Section 77-11c-401. (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: (a) taking a photographic or video record of the property, contraband, item, or substance with identifying case numbers; and (b) for a violent felony offense, collecting and preserving biological evidence as described in Section 77-11c-401.