Utah Code 53-10-905. Sexual assault kit retention and disposal — Notification
Current as of: 2024 | Check for updates
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(1) As used in this section:
Terms Used In Utah Code 53-10-905
- 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.
- 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
- Sexual offense: means the same as that term is defined in Section
77-37-2 . 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
(1)(a) “Agency” means the same as that term is defined in Section 77-11a-101 .
(1)(b) “Agency” includes an evidence collecting or retaining entity as defined in Section 77-11c-101 .
(2) An agency with custody of a sexual assault kit shall preserve the sexual assault kit in accordance with Title 77, Chapter 11c, Retention of Evidence.
(3) An agency shall send a notice to a victim that the agency intends to dispose of a sexual assault kit if:
(3)(a) the agency intends to dispose of the sexual assault kit before the applicable time period described in Section 77-11c-201 , 77-11c-301 , or 77-11c-401 expires; and
(3)(b) the victim provided a written request to the agency investigating the sexual offense that the victim receive notice of when the agency intends to dispose of the sexual assault kit.
(4) An agency shall send a notice of intent to dispose of a sexual assault kit to the victim:
(4)(a) at least 180 days before the day on which the agency intends to dispose of the sexual assault kit; and
(4)(b) by certified mail, return receipt requested, or a delivery service that provides proof of delivery.
(5) If a victim receives a notice of intent to dispose of a sexual assault kit, the victim may submit a written request, within the 180-day period described in Subsection (4)(a), that the agency retain the sexual assault kit.
(6) A notice of intent to dispose of a sexual assault kit shall provide the victim with information on how to submit a written request described in Subsection (5).
(7) If an agency receives a written request to retain the sexual assault kit from the victim within the 180-day period described in Subsection (4)(a), the agency shall retain the sexual assault kit for the applicable time period described in Section 77-11c-201 , 77-11c-301 , or 77-11c-401 .