House passes bill to preserve forensic biological evidence in specified violent cases

The Utah House approved first substitute House Bill 65, a measure requiring preservation and storage of forensic biological evidence in specified violent offenses to enable cold-case investigations and review of wrongful-conviction claims. The bill passed the House 61-11 and will be transmitted to the Senate for consideration.

Representative King, sponsor of the bill, said Utah is one of about 15 states without a statute mandating preservation and storage of biological material for DNA testing when cases remain unsolved or when individuals remain incarcerated. He said the bill narrows the originally broad proposal to a list of more-violent crimes in consultation with prosecutors, defense counsel, the state attorney general's office and innocence projects to keep storage costs manageable.

Key provisions include retention of biological material necessary and suitable for DNA testing for longer than the statute of limitations when cases remain unsolved or when a convicted person or co-defendant remains in custody; and a notice requirement to prosecutors, victims' families and convicted individuals before evidence disposal, allowing parties to object.

King said the change aims to allow cold-case investigations to proceed and give individuals claiming wrongful conviction a path to confirm or challenge their convictions. The House adopted the substitute and passed the bill 61-11.