53-10-905. Sexual assault kit retention and disposal -- Notification.

334 words·~2 min read·/ut/title-53/chapter-10/53-10-905

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

Effective 5/1/2024

(1)As used in this section:

(a)"Agency" means the same as that term is defined in Section 77-11a-101 .

(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:

(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

(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:

(a)at least 180 days before the day on which the agency intends to dispose of the sexual assault kit; and

(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 .

Repealed and Re-enacted by Chapter 164 , 2024 General Session