53-10-902. Definitions.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/1/2024

As used in this part:

(1)"Collecting facility" means a hospital, health care facility, or other facility that performs sexual assault examinations.

(2)"Department" means the Department of Public Safety.

(3)"Restricted kit" means a sexual assault kit:

(a)that is collected by a collecting facility; and

(b)for which a victim who is 18 years old or older at the time of the sexual assault kit evidence collection declines:

(i)to have his or her sexual assault kit processed; and

(ii)to have the sexual assault examination form shared with any entity outside of the collection facility.

(4)"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.

(5)"Sexual offense" means the same as that term is defined in Section 77-37-2 .

(6)"Trauma-informed, victim-centered" means policies, procedures, programs, and practices that:

(a)have demonstrated an ability to minimize retraumatization associated with the criminal justice process by recognizing the presence of trauma symptoms and acknowledging the role that trauma has played in the life of a victim; and

(b)encourage law enforcement officers to interact with victims with compassion and sensitivity in a nonjudgmental manner.

(7)"Victim" means an individual against whom a sexual offense has been committed or allegedly been committed.

Amended by Chapter 164 , 2024 General Session