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Committee endorses tweaks to evidence‑retention law after stakeholders raise preservation concerns
Summary
S.B.71, a follow‑up to a two‑year evidence retention study, clarifies custodial procedures and retention periods for misdemeanor, felony and biological evidence and adds court oversight for destruction when prosecutors object; defense counsel urged protections for evidence needed on appeal.
Senator Harper presented S.B.71 as a refinement of reforms adopted after a multiyear study of how long evidence should be retained and in what formats. Chief Brady Cottom of Taylorsville Police said the bill aligns retention practice across agencies, creates a formalized return/destroy process for misdemeanor evidence, and clarifies retention and disposition for felony and biological evidence. He noted storage capacity and cost are practical concerns.
Criminal defense representatives asked for additional preservation for biological evidence and emphasized post‑conviction and appellate needs. The sponsor said many retention periods were lengthened and that digital documentation can replace bulk evidence in some cases ("You don't need to keep 5 pounds of cocaine; you can keep a sample and document it digitally"). The defense bar said stakeholders worked toward a compromise and supported the bill as amended.
After public testimony, the committee moved and favorably recommended S.B.71 to the Senate.
The bill will advance to the Senate floor with the committee’s recommendation.
