(1) Unless the health care provider designates a sexual assault kit as a restricted kit, the collecting facility shall enter the required victim information into the statewide sexual assault kit tracking system, defined in Section 53-10-907, within 24 hours of performing a sexual assault examination.
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Terms Used In Utah Code 53-10-904

  • Bureau: means the Bureau of Criminal Identification within the department, created in Section 53-10-201. See Utah Code 53-10-102
  • Collecting facility: means a hospital, health care facility, or other facility that performs sexual assault examinations. See Utah Code 53-10-902
  • Department: means the Department of Public Safety. See Utah Code 53-10-902
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Forensic: means dealing with the application of scientific knowledge relating to criminal evidence. See Utah Code 53-10-102
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Law enforcement agency: means an entity or division of:
              (1)(e)(i)
                   (1)(e)(i)(A) the federal government, a state, or a political subdivision of a state;
                   (1)(e)(i)(B) a state institution of higher education; or
                   (1)(e)(i)(C) a private institution of higher education, if the entity or division is certified by the commissioner under Title 53, Chapter 19, Certification of Private Law Enforcement Agency; and
              (1)(e)(ii) that exists primarily to prevent and detect crime and enforce criminal laws, statutes, and ordinances. See Utah Code 53-1-102
  • Restricted kit: means a sexual assault kit:
         (3)(a) that is collected by a collecting facility; and
         (3)(b) for which a victim who is 18 years old or older at the time of the sexual assault kit evidence collection declines:
              (3)(b)(i) to have his or her sexual assault kit processed; and
              (3)(b)(ii) to have the sexual assault examination form shared with any entity outside of the collection facility. See Utah Code 53-10-902
  • Sexual assault kit: means a package of items that is used by medical personnel to gather and preserve biological and physical evidence following an allegation of a sexual offense. See Utah Code 53-10-902
  • Victim: means an individual against whom a sexual offense has been committed or allegedly been committed. See Utah Code 53-10-902
(2) A restricted kit may only be designated as a restricted kit:

     (2)(a) by a health care provider; and
     (2)(b) at the time of collection.
(3) Each sexual assault kit collected by medical personnel shall be taken into custody by a law enforcement agency as soon as possible and within one business day of notice from the collecting facility.
(4) The law enforcement agency that receives a sexual assault kit shall enter the required information into the statewide sexual assault kit tracking system, provided in Section 53-10-907, within five business days of receiving a sexual assault kit from a collecting facility.
(5) Each sexual assault kit received by a law enforcement agency from a collecting facility that relates to an incident that occurred outside of the jurisdiction of the law enforcement agency shall be transferred to the law enforcement agency with jurisdiction over the incident within 10 days of learning that another law enforcement agency has jurisdiction.
(6)

     (6)(a) Except for restricted kits, each sexual assault kit shall be submitted to the Utah Bureau of Forensic Services as soon as possible, but no later than 30 days after receipt by a law enforcement agency.
     (6)(b) Restricted kits may not be submitted to the Utah Bureau of Forensic Services.
     (6)(c) Restricted kits shall be maintained by the law enforcement agency with jurisdiction, in accordance with the provisions of this part.
     (6)(d) A restricted kit may be changed to an unrestricted kit if the victim informs the designated law enforcement agency that he or she wants to have the sexual assault kit processed and agrees to release of the sexual assault examination form with the sexual assault kit. Once a victim indicates that he or she wants the sexual assault kit processed:

          (6)(d)(i) the kit may no longer be classified as restricted; and
          (6)(d)(ii) the kit shall be transmitted to the Utah Bureau of Forensic Services as soon as possible, but no later than 30 days after the victim chooses to unrestrict his or her kit with law enforcement.
(7) If available, a suspect standard or a consensual partner elimination standard shall be submitted to the Utah Bureau of Forensic Services:

     (7)(a) with the sexual assault kit, if available, at the time the sexual assault kit is submitted; or
     (7)(b) as soon as possible, but no later than 30 days from the date the kit was obtained by the law enforcement agency, if not obtained until after the sexual assault kit is submitted.
(8) Failure to meet a deadline established in this part or as part of any rules established by the department is not a basis for dismissal of a criminal action or a bar to the admissibility of the evidence in a criminal action.

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