Title 76 - Utah Criminal Code - Chapter 5 - Offenses Against the Person - Part 6 - Sexual Assault Kit Processing Act - Section 605 - Sexual assault kit retention and disposal.


Published: 2017-05-09

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Utah Code

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Effective 5/9/2017 76-5-605 Sexual assault kit retention and disposal.

Any item of evidence gathered by collecting facility personnel, law enforcement, prosecutorial, or defense authorities that may be subject to deoxyribonucleic acid evidence testing and analysis in order to confirm the guilt or innocence of a criminal defendant may not be disposed of before trial of a criminal defendant unless: (1) 50 years have passed from the date of evidence collection for sexual assault kits relating to an

uncharged or unresolved crime; or (2) 20 years have passed from the date of evidence collection for restricted kits, and:

(a) the prosecution has determined that the defendant will not be tried for the criminal offense; (b) the prosecution has filed a motion with the court to destroy the evidence; and (c) an attempt has been made to notify the victim as required in Subsections 77-37-3(3)(b)(i) and

(ii).

Enacted by Chapter 249, 2017 General Session