53-10-905. 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 |
Terms Used In Utah Code 53-10-905
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
| (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). |
|
Renumbered and Amended by Chapter 430, 2022 General Session
