1
2
3
4
5
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Utah Code of Criminal Procedure regarding items obtained by a
10 search warrant.
11 Highlighted Provisions:
12 This bill:
13 ▸ authorizes an officer who obtains items pursuant to a search warrant to return the
14 items if they are determined to not be relevant to the investigation;
15 ▸ requires that the officer retain the items if they subject to discovery by the
16 defendant;
17 ▸ requires an itemized receipt for all items returned; and
18 ▸ provides under state records provisions that items that are returned under this
19 provision are presumed to not have historical or evidentiary value.
20 Money Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 ENACTS:
26 77-23-215, Utah Code Annotated 1953
27
28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 77-23-215 is enacted to read:
30 77-23-215. Return of documents, materials, and objects obtained through use of a
31 search warrant.
32 (1) (a) If at any time an officer who executes a search warrant or who subsequently
33 reviews any documents, materials, or objects that were seized pursuant to a search warrant
34 determines that any of the items are no longer relevant to the investigation for which the
35 warrant was issued, the officer shall return those documents, materials, or objects to the person
36 or entity from whom they were seized upon the written request of the person or entity, provided
37 that:
38 (i) the items are not subject to retention by the law enforcement agency or prosecutorial
39 agency under state law;
40 (ii) returning the items is reasonably practical; and
41 (iii) in the opinion of the officer or the prosecuting attorney returning the items will not
42 compromise any ongoing criminal investigation or case.
43 (b) If a document, material, or object seized is likely to be subject to discovery by the
44 defense pursuant to Utah Rules of Criminal Procedure, Rule 16(a)(3) or (4), the document,
45 material, or object is not considered irrelevant and may not be returned without a court order.
46 (3) (a) The officer under Subsection (1) shall obtain a receipt for the documents,
47 materials, or objects that are returned, and shall file with a magistrate of the issuing court an
48 amended return of warrant and inventory, that reflects the returned items.
49 (b) The receipt shall identify specifically which documents, materials, or objects were
50 returned.
51 (4) (a) Documents and materials returned under this section are not records as defined
52 by of Subsection 63G-2-103(22)(a).
53 (b) Objects returned under this section are presumed to not have historical or
54 evidentiary value and are not subject to a retention schedule under Subsection 63A-12-103(10).
55 (5) This section does not apply to any document, material, or object that is subject to
56 Title 24, Forfeiture and Disposition of Property Act.