Title 76 - Utah Criminal Code - Chapter 5 - Offenses Against the Person - Part 6 - Sexual Assault Kit Processing Act - Section 604 - Sexual assault kit processing -- Restricted kits.


Published: 2018-05-08

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Utah Code

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Effective 5/8/2018 76-5-604 Sexual assault kit processing -- Restricted kits. (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 76-5-607, within 24 hours of performing a sexual assault examination.

(2) A restricted kit may only be designated as a restricted kit: (a) by a health care provider; and (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 76-5-607, 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) (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.

(b) Restricted kits may not be submitted to the Utah Bureau of Forensic Services. (c) Restricted kits shall be maintained by the law enforcement agency with jurisdiction, in

accordance with the provisions of this part. (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:

(i) the kit may no longer be classified as restricted; and (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:

(a) with the sexual assault kit, if available, at the time the sexual assault kit is submitted; or (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.

Amended by Chapter 57, 2018 General Session