53-10-115.  Cold case database.

(1)  As used in this section, “cold case” means an investigation into any crime listed in Subsections 76-1-301(2)(a) through (g), or regarding a missing person, that remains unsolved at least three years after the crime occurred or the individual went missing.

Terms Used In Utah Code 53-10-115

  • Division: means the Criminal Investigations and Technical Services Division created in Section 53-10-103. See Utah Code 53-10-102
  • 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.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Law enforcement agency: means an entity or division of:
(i) 
(A) the federal government, a state, or a political subdivision of a state;
(B) a state institution of higher education; or
(C) a private institution of higher education, if the entity or division is certified by the commissioner under Title 53, Chapter 19, Certification of Private Law Enforcement Agency; and
(ii) that exists primarily to prevent and detect crime and enforce criminal laws, statutes, and ordinances. See Utah Code 53-1-102
  • Missing person: means the same as that term is defined in Section 26B-8-130. See Utah Code 53-10-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
    • (2)  The division shall develop a secure database within the Utah Criminal Justice Information System that contains information related to each cold case that is open in any jurisdiction in the state.

    (3)  The division shall adopt rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to specify:

    (a)  the information to be collected and maintained in the database; and

    (b)  what information may be accessed by the public.

    (4)  Each law enforcement agency in the state shall provide the information required by the division for inclusion in the database for each open investigation. The law enforcement agency shall maintain the physical evidence and investigation file for each case unless otherwise agreed to by the law enforcement agency and the division.

    (5)  The division shall maintain the information on a cold case indefinitely.

    Enacted by Chapter 169, 2018 General Session

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