Effective 5/4/2022
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:
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
- (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