SB 71 Utah Senate · 2026 General Session

Evidence Retention Amendments

SB 71 amends Utah's evidence retention rules, primarily affecting law enforcement agencies, prosecutors, and defendants in misdemeanor cases. It requires police to submit written requests to prosecutors before disposing of misdemeanor evidence, with prosecutors having 60 days to approve or deny the request and notify defendants who can object within 30 days. For felony evidence, the bill updates retention timelines to require agencies to keep evidence for the longer of the statute of limitations or until a conviction is resolved. These changes apply directly to law enforcement handling evidence and defendants whose cases involve potential evidence disposal.

Bill status signed all 5 stages cleared

Introduction

Jan 2026

Committee Review

Feb 2026

Senate Passage

Feb 2026

House Passage

Feb 2026

Signed into Law

Mar 2026

Introduced Jan 20, 2026 Signed Mar 23, 2026

Maddy AI version diff · 1 comparison

What changed between versions

Introduced → Enrolled · 5 edits · Mar 23, 2026

MODERATE

This bill updates Utah's evidence retention laws to clarify procedures for returning or disposing of evidence in misdemeanor and felony cases. It establishes specific timelines for prosecutors to respond to law enforcement requests and expands the list of individuals who must be notified when evidence is being returned or discarded. The changes aim to ensure defendants and their attorneys have adequate time to object to the disposal of evidence that might be needed for future appeals or post-conviction relief.

Scope change

The scope of notification requirements was expanded to include the Utah Attorney General and specific entities representing defense attorneys in felony cases, and the objection timeline for felony evidence was increased from 30 to 60 days.

TIMELINE

The deadline for individuals to object to the return or disposal of felony evidence was extended from 30 days to 60 days after receiving notice.

REQUIREMENT

Law enforcement agencies must now notify the Utah Attorney General when seeking to return or dispose of felony evidence.

Agencies must notify the entity that employed the defendant's private attorney or public defender when seeking to return or dispose of evidence.

ENFORCEMENT

The bill clarifies that if a prosecutor fails to respond to an evidence retention request within 60 days, the agency may escalate the request to a higher-level prosecutor.

TECHNICAL

Minor formatting and numbering adjustments were made to align the text with standard legislative drafting conventions.

Floor votes · Senate Feb 17, 2026 · House Feb 26, 2026

How they voted

24–0

Passed · 5 other

Total votes 29

Feb 17, 2026

D Democratic6

4 Yea 2

66% Yea

N Forward1

1 Yea

100% Yea

R Republican22

19 Yea 3

86% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Mar 23, 2026

Signed into law

Governor Signed

executive

Feb 27, 2026

Upper · Passed

Senate/ signed by President/ sent for enrolling

upper

Feb 26, 2026

Upper · Passed

House/ signed by Speaker/ returned to Senate

upper

Feb 26, 2026

Lower · Passed

House/ passed 3rd reading

lower

Feb 25, 2026

Lower · Passed

House/ committee report favorable [House Judiciary Committee]

lower

Feb 25, 2026

Lower · Passed

House Comm - Favorable Recommendation [House Judiciary Committee]

lower

Feb 19, 2026

Committee

House/ to standing committee [House Judiciary Committee]

lower

Feb 18, 2026

Introduced

House/ 1st reading (Introduced)

lower

Feb 17, 2026

Lower · Passed

Senate/ passed 3rd reading

lower

Jan 29, 2026

Upper · Passed

Senate/ committee report favorable [Senate Judiciary, Law Enforcement, and Criminal Justice Committee]

upper

Jan 27, 2026

Upper · Passed

Senate Comm - Favorable Recommendation [Senate Judiciary, Law Enforcement, and Criminal Justice Committee]

upper

Jan 20, 2026

Committee

Senate/ to standing committee [Senate Judiciary, Law Enforcement, and Criminal Justice Committee]

upper

Jan 20, 2026

Introduced

Senate/ 1st reading (Introduced)

upper

1 primary · 1 co-sponsor