reglab/statecodes huggingface dataset:
2023 Utah Code › Title 53 - Public Safety Code › Chapter 10 - Criminal Investigations and Technical Services Act › Part 2 - Bureau of Criminal Identification › Section 214 - Reporting requirements.

Effective 1/1/2020
53-10-214.
Reporting requirements.
The bureau shall submit a record received pursuant to Section 53-10-208.1 for all nonextraditable warrants issued for violent felonies as defined in Section 76-3-203.5 and all nonextraditable warrants issued for knowingly failing to register for a sexual offense pursuant to Section 77-41-107 to the National Crime Information Center within 48 hours of receipt, excluding Saturdays, Sundays, and legal holidays.
Enacted by Chapter 406, 2019 General Session
Technically renumbered for proper placement in section.
2023 Utah Code › Title 53 - Public Safety Code › Chapter 10 - Criminal Investigations and Technical Services Act › Part 3 - State Bureau of Investigation › Section 301 - State Bureau of Investigation -- Creation -- Bureau chief appointment, qualifications, and compensation.

Effective 7/1/2021
53-10-301.
State Bureau of Investigation -- Creation -- Bureau chief appointment, qualifications, and compensation.
(1) There is created within the division the State Bureau of Investigation.
(2) The bureau shall be administered by a bureau chief appointed by the division director with the approval of the commissioner.
(3) The bureau chief shall be experienced in administration and possess additional qualifications as determined by the division director and as provided by law.
(4) The bureau chief acts under the supervision and control of the division director and may be removed from his position at the will of the commissioner.
(5) The bureau chief shall receive compensation as provided by Title 63A, Chapter 17, Utah State Personnel Management Act.
Amended by Chapter 345, 2021 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 10 - Criminal Investigations and Technical Services Act › Part 3 - State Bureau of Investigation › Section 302 - Bureau duties.

Effective 5/10/2016
53-10-302.
Bureau duties.
The bureau shall:
(1) provide assistance and investigative resources to divisions within the Department of Public Safety;
(2) upon request, provide assistance and specialized law enforcement services to local law enforcement agencies;
(3) conduct financial investigations regarding suspicious cash transactions, fraud, and money laundering;
(4) investigate criminal activity of organized crime networks, gangs, extremist groups, and others promoting violence;
(5) investigate criminal activity of terrorist groups;
(6) enforce the Utah Criminal Code;
(7) cooperate and exchange information with other state agencies and with other law enforcement agencies of government, both within and outside of this state, through a statewide information and intelligence center to obtain information that may achieve more effective results in the prevention, detection, and control of crime and apprehension of criminals;
(8) create and maintain a statewide criminal intelligence system;
(9) provide specialized case support and investigate illegal drug production, cultivation, and sales;
(10) investigate, follow-up, and assist in highway drug interdiction cases;
(11) make rules to implement this chapter;
(12) perform the functions specified in Part 2, Bureau of Criminal Identification;
(13) provide a state cybercrime unit to investigate computer and network intrusion matters involving state-owned computer equipment and computer networks as reported under Section 76-6-705;
(14) investigate violations of Section 76-6-703 and other computer related crimes including:
(a) computer network intrusions;
(b) denial of services attacks;
(c) computer related theft or fraud;
(d) intellectual property violations; and
(e) electronic threats; and
(15) upon request, investigate the following offenses when alleged to have been committed by an individual who is currently or has been previously elected, appointed, or employed by a governmental entity:
(a) criminal offenses; and
(b) matters of public corruption.
(16)
(a) The bureau is not prohibited from investigating crimes not specifically referred to in this section; and
(b) other agencies are not prohibited from investigating crimes referred to in this section.
Amended by Chapter 302, 2016 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 10 - Criminal Investigations and Technical Services Act › Part 3 - State Bureau of Investigation › Section 304 - Narcotics and alcoholic product enforcement -- Responsibility and jurisdiction.

53-10-304.
Narcotics and alcoholic product enforcement -- Responsibility and jurisdiction.
The bureau shall:
(1) have specific responsibility for the enforcement of all laws of the state pertaining to alcoholic beverages and alcoholic products;
(2) have general law enforcement jurisdiction throughout the state;
(3) have concurrent law enforcement jurisdiction with all local law enforcement agencies and their officers;
(4) cooperate and exchange information with any other state agency and with other law enforcement agencies of government, both within and outside this state, to obtain information that may achieve more effective results in the prevention, detection, and control of crime and apprehension of criminals;
(5) sponsor or supervise programs or projects related to prevention, detection, and control of violations of:
(a)Title 32B, Alcoholic Beverage Control Act;
(b)Title 58, Chapter 37, Utah Controlled Substances Act;
(c)Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
(d)Title 58, Chapter 37b, Imitation Controlled Substances Act;
(e)Title 58, Chapter 37c, Utah Controlled Substance Precursor Act; and
(f)Title 58, Chapter 37d, Clandestine Drug Lab Act; and
(6) assist the governor in an emergency or as the governor may require.
Amended by Chapter 276, 2010 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 10 - Criminal Investigations and Technical Services Act › Part 3 - State Bureau of Investigation › Section 305 - Duties of bureau chief.

Effective 6/1/2022
53-10-305.
Duties of bureau chief.
The bureau chief, with the consent of the commissioner, shall do the following:
(1) conduct in conjunction with the state boards of education and higher education in state schools, colleges, and universities, an educational program concerning alcoholic beverages and alcoholic products, and work in conjunction with civic organizations, churches, local units of government, and other organizations in the prevention of alcoholic beverage, alcoholic product, and drug violations;
(2) coordinate law enforcement programs throughout the state and accumulate and disseminate information related to the prevention, detection, and control of violations of this chapter and Title 32B, Alcoholic Beverage Control Act, as it relates to storage or consumption of an alcoholic beverage or alcoholic product on premises maintained by a bar establishment licensee, or a person required to obtain a bar establishment license, as defined in Section 32B-1-102;
(3) make inspections and investigations as required by the commission and the Department of Alcoholic Beverage Services;
(4) perform other acts as may be necessary or appropriate concerning control of the use of an alcoholic beverage or alcoholic product and drugs; and
(5) make reports and recommendations to the Legislature, the governor, the commissioner, the commission, and the Department of Alcoholic Beverage Services as may be required or requested.
Amended by Chapter 447, 2022 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 10 - Criminal Investigations and Technical Services Act › Part 4 - Bureau of Forensic Services › Section 401 - Bureau of Forensic Services -- Creation -- Bureau Chief appointment, qualifications, and compensation.

Effective 7/1/2021
53-10-401.
Bureau of Forensic Services -- Creation -- Bureau Chief appointment, qualifications, and compensation.
(1) There is created within the division the Bureau of Forensic Services.
(2) The bureau shall be administered by a bureau chief appointed by the division director with the approval of the commissioner.
(3) The bureau chief shall be experienced in administration of criminal justice and possess additional qualifications as determined by the commissioner or division director and as provided by law.
(4) The bureau chief acts under the supervision and control of the division director and may be removed from his position at the will of the commissioner.
(5) The bureau chief shall receive compensation as provided by Title 63A, Chapter 17, Utah State Personnel Management Act.
Amended by Chapter 345, 2021 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 10 - Criminal Investigations and Technical Services Act › Part 4 - Bureau of Forensic Services › Section 402 - Bureau duties.

53-10-402.
Bureau duties.
The bureau shall:
(1) provide quality, timely, and comprehensive analysis of physical evidence from crime scenes and crime-related incidents submitted by federal, state, county, and municipal criminal justice agencies;
(2) provide expert testimony in courts of law regarding the scientific analysis and conclusion of forensic evidence using the most current and advanced analytical techniques and technology;
(3) ensure the safety of all laboratory employees against exposure to blood-borne pathogens, infectious materials, and any other biochemical or toxic hazard which may pose a threat to the safety and well-being of bureau employees;
(4) protect the chain of incoming evidence by ensuring all items are properly packaged, sealed, marked, stored, and delivered back to the submitting agency using established legal guidelines;
(5) adopt systems of identification, including blood and firearms analysis, to be used by the division to facilitate law enforcement;
(6) participate in establishing satellite laboratories in designated locations throughout the state;
(7) provide assistance to the medical community in establishing guidelines for the proper handling of individuals who are the victims of sexual assault; and
(8) upon request, provide law enforcement agencies technical and analytical support in the processing of crime scenes.
Enacted by Chapter 263, 1998 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 10 - Criminal Investigations and Technical Services Act › Part 4 - Bureau of Forensic Services › Section 403.5 - Definitions.

Effective 5/3/2023
53-10-403.5.
Definitions.
As used in Sections 53-10-403, 53-10-403.7, 53-10-404, 53-10-404.5, 53-10-405, and 53-10-406:
(1) "Bureau" means the Bureau of Forensic Services.
(2) "Combined DNA Index System" or "CODIS" means the program operated by the Federal Bureau of Investigation to support criminal justice DNA databases and the software used to run the databases.
(3) "Conviction" means:
(a) a verdict or conviction;
(b) a plea of guilty or guilty with a mental condition;
(c) a plea of no contest; or
(d) the acceptance by the court of a plea in abeyance.
(4) "DNA" means deoxyribonucleic acid.
(5) "DNA profile" means the patterns of fragments of DNA used to identify an individual.
(6) "DNA specimen" or "specimen" means a biological sample collected from an individual or a crime scene, or that is collected as part of an investigation.
(7) "Final judgment" means a judgment, including any supporting opinion, concerning which all appellate remedies have been exhausted or the time for appeal has expired.
(8) "Rapid DNA" means the fully automated process of developing a DNA profile.
(9) "Violent felony" means any offense under Section 76-3-203.5.
Amended by Chapter 184, 2023 General Session
Amended by Chapter 500, 2023 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 10 - Criminal Investigations and Technical Services Act › Part 4 - Bureau of Forensic Services › Section 403.6 - Use of Rapid DNA.

Effective 5/12/2020
53-10-403.6.
Use of Rapid DNA.
(1) Rapid DNA technology may be used for the purposes of conducting testing of a DNA specimen obtained:
(a) at the time of booking in accordance with Section 53-10-405; or
(b) for non-CODIS comparison during an investigation, if a second specimen is also obtained and is submitted to the bureau or another laboratory that is a National DNA Index System participating laboratory for testing.
(2) Notwithstanding Subsection (1)(b) a second sample is not required if the sample collected was a touch DNA sample and no other specimen or sample is available.
(3) Rapid DNA technology may be used for other purposes only when conducted by the bureau in its capacity as the state's National DNA Index System participating laboratory that follows the Federal Bureau of Investigation Quality Assurance Standards for Forensic DNA Testing Laboratories.
(4) If the investigating agency submits a DNA specimen to the bureau in accordance with the provisions of this section, the bureau shall provide the results of the test directly to the local law enforcement agency that submitted the DNA specimen.
Enacted by Chapter 415, 2020 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 10 - Criminal Investigations and Technical Services Act › Part 4 - Bureau of Forensic Services › Section 404.5 - Obtaining DNA specimen at time of booking -- Payment of fee upon conviction.

Effective 5/4/2022
53-10-404.5.
Obtaining DNA specimen at time of booking -- Payment of fee upon conviction.
(1)
(a) When a sheriff books a person for any offense under Subsections 53-10-403(1)(c) and (d), the sheriff shall:
(i) except as provided in Subsection (1)(b), obtain a DNA specimen from the person upon booking of the person at the county jail; and
(ii) provide the person, in a manner the bureau specifies, notice of the process described in Subsection 53-10-406(6)(b) to request destruction of the DNA specimen and removal of the person's DNA record from the database described in Subsection 53-10-406(1)(d).
(b) If at the time of booking the sheriff is able to obtain information from the bureau stating that the bureau has received a DNA specimen for the person and the sample analysis is either in process or complete, the sheriff is not required to obtain an additional DNA specimen.
(c) If at the time of booking the sheriff is able to obtain information from the bureau stating that the bureau has received a DNA specimen for the person and the sample analysis is pending, the sheriff may obtain an additional DNA specimen.
(2) The person booked under Subsection (1) shall pay a fee of $150 for the cost of obtaining the DNA specimen if:
(a) the charge upon which the booking is based is resolved by a conviction or the person is convicted of any charge arising out of the same criminal episode regarding which the DNA specimen was obtained; and
(b) the person's DNA sample is not on file under Subsection (1)(b).
(3)
(a) All fees collected under Subsection (2) shall be deposited into the DNA Specimen Restricted Account created in Section 53-10-407, except that the agency collecting the fee may retain not more than $25 per individual specimen for the costs of obtaining the DNA specimen.
(b) The agency collecting the $150 fee may not retain from each separate fee more than $25, and no amount of the $150 fee may be credited to any other fee or agency obligation.
(4) Any DNA specimen obtained under this section shall be held and may not be processed until:
(a) the court has bound the person over for trial following a preliminary hearing for any charge arising out of the same criminal episode regarding which the person was booked;
(b) the person has waived the preliminary hearing for any charge arising out of the same criminal episode regarding which the person was booked;
(c) a grand jury has returned an indictment for any charge arising out of the same criminal episode regarding which the person was booked; or
(d) sixty days after the issuance of an arrest warrant for failure to appear, provided the warrant is still outstanding or has not been recalled.
Amended by Chapter 113, 2022 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 10 - Criminal Investigations and Technical Services Act › Part 4 - Bureau of Forensic Services › Section 405 - DNA specimen analysis -- Saliva sample to be obtained by agency -- Blood sample to be drawn by professional.

Effective 5/3/2023
Superseded 7/1/2024
53-10-405.
DNA specimen analysis -- Saliva sample to be obtained by agency -- Blood sample to be drawn by professional.
(1)
(a) A saliva sample shall be obtained by the responsible agency under Subsection 53-10-404(5).
(b) The sample shall be obtained in a professionally acceptable manner, using appropriate procedures to ensure the sample is adequate for DNA analysis.
(2)
(a) A blood sample shall be drawn in a medically acceptable manner by any of the following:
(i) a physician;
(ii) a physician assistant;
(iii) a registered nurse;
(iv) a licensed practical nurse;
(v) a paramedic;
(vi) as provided in Subsection (2)(b), emergency medical service personnel other than paramedics; or
(vii) a person with a valid permit issued by the Department of Health and Human Services under Section 26B-1-202.
(b) The Department of Health and Human Services may designate by rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, which emergency medical service personnel, as defined in Section 26B-4-101, are authorized to draw blood under Subsection (2)(a)(vi), based on the type of license under Section 26B-4-116.
(c) A person authorized by this section to draw a blood sample may not be held civilly liable for drawing a sample in a medically acceptable manner.
(3) A test result or opinion based upon a test result regarding a DNA specimen may not be rendered inadmissible as evidence solely because of deviations from procedures adopted by the department that do not affect the reliability of the opinion or test result.
(4) A DNA specimen is not required to be obtained if:
(a) the court or the responsible agency confirms with the department that the department has previously received an adequate DNA specimen obtained from the person in accordance with this section; or
(b) the court determines that obtaining a DNA specimen would create a substantial and unreasonable risk to the health of the person.
Amended by Chapter 328, 2023 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 10 - Criminal Investigations and Technical Services Act › Part 4 - Bureau of Forensic Services › Section 405 - DNA specimen analysis -- Saliva sample to be obtained by agency -- Blood sample to be drawn by professional.

Effective 7/1/2024
53-10-405.
DNA specimen analysis -- Saliva sample to be obtained by agency -- Blood sample to be drawn by professional.
(1)
(a) A saliva sample shall be obtained by the responsible agency under Subsection 53-10-404(5).
(b) The sample shall be obtained in a professionally acceptable manner, using appropriate procedures to ensure the sample is adequate for DNA analysis.
(2)
(a) A blood sample shall be drawn in a medically acceptable manner by any of the following:
(i) a physician;
(ii) a physician assistant;
(iii) a registered nurse;
(iv) a licensed practical nurse;
(v) a paramedic;
(vi) as provided in Subsection (2)(b), emergency medical service personnel other than paramedics; or
(vii) a person with a valid permit issued by the Department of Health and Human Services under Section 26B-1-202.
(b) The Department of Health and Human Services may designate by rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, which emergency medical service personnel, as defined in Section 53-2d-101, are authorized to draw blood under Subsection (2)(a)(vi), based on the type of license under Section 53-2d-402.
(c) A person authorized by this section to draw a blood sample may not be held civilly liable for drawing a sample in a medically acceptable manner.
(3) A test result or opinion based upon a test result regarding a DNA specimen may not be rendered inadmissible as evidence solely because of deviations from procedures adopted by the department that do not affect the reliability of the opinion or test result.
(4) A DNA specimen is not required to be obtained if:
(a) the court or the responsible agency confirms with the department that the department has previously received an adequate DNA specimen obtained from the person in accordance with this section; or
(b) the court determines that obtaining a DNA specimen would create a substantial and unreasonable risk to the health of the person.
Amended by Chapter 310, 2023 General Session
Amended by Chapter 328, 2023 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 10 - Criminal Investigations and Technical Services Act › Part 4 - Bureau of Forensic Services › Section 407 - DNA Specimen Restricted Account.

Effective 9/1/2021
53-10-407.
DNA Specimen Restricted Account.
(1) There is created the DNA Specimen Restricted Account, which is referred to in this section as "the account."
(2) The sources of money for the account are:
(a) DNA collection fees paid under Section 53-10-404;
(b) any appropriations made to the account by the Legislature; and
(c) all federal money provided to the state for the purpose of funding the collection or analysis of DNA specimens collected under Section 53-10-403.
(3) The account shall earn interest, and this interest shall be deposited in the account.
(4) The Legislature may appropriate money from the account solely for the following purposes:
(a) to the Department of Corrections for the costs of collecting DNA specimens as required under Section 53-10-403;
(b) to the juvenile court for the costs of collecting DNA specimens as required under Sections 53-10-403 and 80-6-608;
(c) to the Division of Juvenile Justice Services for the costs of collecting DNA specimens as required under Sections 53-10-403 and 80-5-201; and
(d) to the Department of Public Safety for the costs of:
(i) storing and analyzing DNA specimens in accordance with the requirements of this part;
(ii) DNA testing which cannot be performed by the Utah State Crime Lab, as provided in Subsection 78B-9-301(7); and
(iii) reimbursing sheriffs for collecting the DNA specimens as provided under Sections 53-10-404 and 53-10-404.5.
(5) Appropriations from the account to the Department of Corrections, the juvenile court, the Division of Juvenile Justice Services, and to the Department of Public Safety are nonlapsing.
Amended by Chapter 262, 2021 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 10 - Criminal Investigations and Technical Services Act › Part 5 - Bureau of Communications › Section 501 - Bureau of Communications -- Creation -- Bureau Chief appointment, qualifications, and compensation.

53-10-501.
Bureau of Communications -- Creation -- Bureau Chief appointment, qualifications, and compensation.
(1) There is created within the division the Bureau of Communications.
(2) The bureau shall be managed by a bureau chief selected by the division director, with the approval of the commissioner.
(3) The bureau chief should be experienced in communications and administration, and possess additional qualifications as determined by the commissioner or division director and as provided by law.
(4) The bureau chief acts under the supervision and control of the division director.
Enacted by Chapter 263, 1998 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 10 - Criminal Investigations and Technical Services Act › Part 5 - Bureau of Communications › Section 502 - Bureau duties.

53-10-502.
Bureau duties.
The bureau:
(1) maintains dispatch and communications services for regional public safety consolidated communications centers;
(2) provides facilities and acts as a public safety answering point to answer and respond to 911 calls from a region;
(3) provides professional emergency dispatch and communications support for law enforcement, emergency medical, fire suppression, highway maintenance, public works, and public safety agencies representing municipal, county, state, and federal governments; and
(4) coordinates incident response.
Amended by Chapter 21, 1999 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 10 - Criminal Investigations and Technical Services Act › Part 7 - Utah Silver Alert Act › Section 701 - Title -- Creation.

Effective 5/14/2019
53-10-701.
Title -- Creation.
(1) This part is known as the "Utah Silver Alert Act."
(2) There is created the Utah Silver Alert Notification System (Silver Alert) for missing and endangered adults to be administered by the department.
Enacted by Chapter 54, 2019 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 10 - Criminal Investigations and Technical Services Act › Part 7 - Utah Silver Alert Act › Section 702 - Definitions.

Effective 5/14/2019
53-10-702.
Definitions.
As used in this part:
(1) "Dementia" means a person has a form of cognitive decline that significantly affects the person's ability to make decisions and provide for health, safety, or self care. This term includes Alzheimer's disease and other forms of dementia marked by the continual loss of memory and awareness of surroundings.
(2) "Endangered adult" means a person 60 years of age or older or a person under 60 years of age who has a form of dementia.
Enacted by Chapter 54, 2019 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 10 - Criminal Investigations and Technical Services Act › Part 7 - Utah Silver Alert Act › Section 703 - Silver Alert Notification System -- Law enforcement and department responsibilities.

Effective 5/14/2019
53-10-703.
Silver Alert Notification System -- Law enforcement and department responsibilities.
(1) The department shall develop a quick response system designed to issue and coordinate alerts following the report of a missing endangered adult. The system shall utilize the same coordination as the Amber Alert System with the following exceptions:
(a) the National Emergency Broadcast System may not be activated; and
(b) notification to the Department of Transportation for the activation of highway signage shall indicate the specific area in which the person was last seen so that signs only in that geographical area will be activated.
(2) Upon receiving a report of a missing adult, the law enforcement officer shall determine whether the missing adult meets the criteria to be designated as an endangered adult.
(3) If it is determined that the missing adult is an endangered adult, the officer investigating the person's disappearance shall request the department activate the Silver Alert Notification System.
Enacted by Chapter 54, 2019 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 10 - Criminal Investigations and Technical Services Act › Part 7 - Utah Silver Alert Act › Section 704 - Rulemaking authority.

Effective 5/14/2019
53-10-704.
Rulemaking authority.
The department shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, establishing policies, procedures, and a timeline for the:
(1) request for a Silver Alert by a law enforcement officer or agency;
(2) activation of the Silver Alert Notification System;
(3) duration of the Silver Alert; and
(4) cancellation of a Silver Alert.
Enacted by Chapter 54, 2019 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 10 - Criminal Investigations and Technical Services Act › Part 8 - HIV Testing - Sexual Offenders and Victims › Section 801 - Definitions.

Effective 7/1/2022
53-10-801.
Definitions.
For purposes of this part:
(1) "Alleged sexual offender" means an individual or a minor regarding whom an indictment, petition, or an information has been filed or an arrest has been made alleging the commission of a sexual offense or an attempted sexual offense under Title 76, Chapter 5, Part 4, Sexual Offenses, and regarding which:
(a) a judge has signed an accompanying arrest warrant, pickup order, or any other order based upon probable cause regarding the alleged offense; and
(b) the judge has found probable cause to believe that the alleged victim has been exposed to conduct or activities that may result in an HIV infection as a result of the alleged offense.
(2) "Department of Health and Human Services" means the Department of Health and Human Services created in Section 26B-1-201.
(3) "HIV infection" means an indication of Human Immunodeficiency Virus (HIV) infection determined by current medical standards and detected by any of the following:
(a) presence of antibodies to HIV, verified by a positive "confirmatory" test, such as Western blot or other method approved by the Utah State Health Laboratory. Western blot interpretation will be based on criteria currently recommended by the Association of State and Territorial Public Health Laboratory Directors;
(b) presence of HIV antigen;
(c) isolation of HIV; or
(d) demonstration of HIV proviral DNA.
(4) "HIV positive individual" means an individual who is HIV positive as determined by the State Health Laboratory.
(5) "Local department of health" means a local health department as defined in Section 26A-1-102.
(6) "Minor" means an individual younger than 18 years old.
(7) "Positive" means an indication of the HIV infection as defined in Subsection (3).
(8) "Sexual offense" means a violation of any offense under Title 76, Chapter 5, Part 4, Sexual Offenses.
(9) "Test" or "testing" means a test or tests for HIV infection conducted by and in accordance with standards recommended by the Department of Health and Human Services.
Amended by Chapter 255, 2022 General Session
Renumbered and Amended by Chapter 430, 2022 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 10 - Criminal Investigations and Technical Services Act › Part 8 - HIV Testing - Sexual Offenders and Victims › Section 803 - Voluntary testing -- Victim to request -- Costs paid by Utah Office for Victims of Crime.

Effective 5/4/2022
53-10-803.
Voluntary testing -- Victim to request -- Costs paid by Utah Office for Victims of Crime.
(1) A victim or minor victim of a sexual offense as provided under Title 76, Chapter 5, Part 4, Sexual Offenses, may request a test for the HIV infection.
(2)
(a) The local health department shall obtain the blood specimen from the victim and forward the specimen to the Department of Health.
(b) The Department of Health shall analyze the specimen of the victim.
(3) The testing shall consist of a base-line test of the victim at the time immediately or as soon as possible after the alleged occurrence of the sexual offense. If the base-line test result is not positive, follow-up testing shall occur at three months and six months after the alleged occurrence of the sexual offense.
(4) The Crime Victim Reparations Fund shall pay for the costs of the victim testing if the victim provides a substantiated claim of the sexual offense, does not test HIV positive at the base-line testing phase, and complies with eligibility criteria established by the Utah Office for Victims of Crime.
Renumbered and Amended by Chapter 430, 2022 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 10 - Criminal Investigations and Technical Services Act › Part 8 - HIV Testing - Sexual Offenders and Victims › Section 804 - Victim notification and counseling.

Effective 5/3/2023
53-10-804.
Victim notification and counseling.
(1)
(a) The Department of Health of Human Services shall provide the victim who requests testing of the alleged sexual offender's human immunodeficiency virus status counseling regarding HIV disease and referral for appropriate health care and support services.
(b) If the local health department in whose jurisdiction the victim resides and the Department of Health and Human Services agree, the Department of Health and Human Services shall forward a report of the alleged sexual offender's human immunodeficiency virus status to the local health department and the local health department shall provide the victim who requests the test with the test results, counseling regarding HIV disease, and referral for appropriate health care and support services.
(2) Notwithstanding the provisions of Section 26B-7-217, the Department of Health and Human Services and a local health department acting pursuant to an agreement made under Subsection (1) may disclose to the victim the results of the alleged sexual offender's human immunodeficiency virus status as provided in this section.
Amended by Chapter 328, 2023 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 10 - Criminal Investigations and Technical Services Act › Part 9 - Sexual Assault Kit Processing Act › Section 901 - Title.

Effective 5/4/2022
53-10-901.
Title.
This part is known as the "Sexual Assault Kit Processing Act."
Renumbered and Amended by Chapter 430, 2022 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 10 - Criminal Investigations and Technical Services Act › Part 9 - Sexual Assault Kit Processing Act › Section 902 - Definitions.

Effective 5/4/2022
53-10-902.
Definitions.
For purposes of 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 sexual assault.
(5) "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 of sexual assault or sexual abuse; and
(b) encourage law enforcement officers to interact with victims of sexual assault or sexual abuse with compassion and sensitivity in a nonjudgmental manner.
Renumbered and Amended by Chapter 430, 2022 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 10 - Criminal Investigations and Technical Services Act › Part 9 - Sexual Assault Kit Processing Act › Section 903 - All sexual assault kits to be submitted.

Effective 5/4/2022
53-10-903.
All sexual assault kits to be submitted.
(1) Except as provided in Subsection 53-10-904(5), beginning July 1, 2018, all sexual assault kits received by law enforcement agencies shall be submitted to the Utah Bureau of Forensic Services in accordance with the provisions of this part.
(2) The Utah Bureau of Forensic Services shall test all sexual assault kits that the bureau receives with the goal of developing autosomal DNA profiles that are eligible for entry into the Combined DNA Index System.
(3)
(a) The testing of all sexual assault kits shall be completed within a specified amount of time, as determined by administrative rule consistent with the provisions of this part.
(b) The ability of the Utah Bureau of Forensic Services to meet the established time frames may be dependent upon the following factors:
(i) the number of sexual assault kits that the Utah Bureau of Forensic Services receives;
(ii) the technology available and improved testing methods;
(iii) fully trained and dedicated staff to meet the full workload needs of the Utah Bureau of Forensic Services; and
(iv) the number of lab requests received relating to other crime categories.
Renumbered and Amended by Chapter 430, 2022 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 10 - Criminal Investigations and Technical Services Act › Part 9 - Sexual Assault Kit Processing Act › Section 905 - Sexual assault kit retention and disposal.

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:
(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
2023 Utah Code › Title 53 - Public Safety Code › Chapter 10 - Criminal Investigations and Technical Services Act › Part 9 - Sexual Assault Kit Processing Act › Section 906 - Victim notification of rights -- Notification of law enforcement.

Effective 5/3/2023
53-10-906.
Victim notification of rights -- Notification of law enforcement.
(1) Collecting facility personnel who conduct sexual assault examinations shall inform each victim of a sexual assault of:
(a) available services for treatment of sexually transmitted infections, pregnancy, and other medical and psychiatric conditions;
(b) available crisis intervention or other mental health services provided;
(c) the option to receive prophylactic medication to prevent sexually transmitted infections and pregnancy;
(d) the right to determine:
(i) whether to provide a personal statement about the sexual assault to law enforcement; and
(ii) if law enforcement should have access to any paperwork from the forensic examination; and
(e) the victim's rights as provided in Section 77-37-3.
(2) The collecting facility shall notify law enforcement as soon as practicable if the victim of a sexual assault decides to interview and discuss the assault with law enforcement.
(3) If a victim of a sexual assault declines to provide a personal statement about the sexual assault to law enforcement, the collecting facility shall provide a written notice to the victim that contains the following information:
(a) where the sexual assault kit will be stored;
(b) notice that the victim may choose to contact law enforcement any time after declining to provide a personal statement;
(c) the name, phone number, and email address of the law enforcement agency having jurisdiction; and
(d) the name and phone number of a local rape crisis and services center.
Amended by Chapter 99, 2023 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 10 - Criminal Investigations and Technical Services Act › Part 9 - Sexual Assault Kit Processing Act › Section 907 - Statewide sexual assault kit tracking system.

Effective 5/4/2022
53-10-907.
Statewide sexual assault kit tracking system.
(1) The department shall develop and implement a statewide tracking system that contains the following information for all sexual assault kits collected by law enforcement:
(a) the submission status of sexual assault kits by law enforcement to the Utah Bureau of Forensic Services;
(b) notification by the Utah Bureau of Forensic Services to law enforcement of DNA analysis findings; and
(c) the storage location of sexual assault kits.
(2) The tracking system shall include a secure electronic access that allows the submitting agency, collecting facility, department, and a victim, or his or her designee, to access or receive information, provided that the disclosure does not impede or compromise an active investigation, about the:
(a) lab submission status;
(b) DNA analysis findings provided to law enforcement; and
(c) storage location of a sexual assault kit that was gathered from that victim.
Renumbered and Amended by Chapter 430, 2022 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 10 - Criminal Investigations and Technical Services Act › Part 9 - Sexual Assault Kit Processing Act › Section 908 - Law enforcement -- Training -- Sexual assault, sexual abuse, and human trafficking.

Effective 5/3/2023
53-10-908.
Law enforcement -- Training -- Sexual assault, sexual abuse, and human trafficking.
(1) The department and the Utah Prosecution Council shall develop training in trauma-informed responses and investigations of sexual assault and sexual abuse, which include, but are not limited to, the following:
(a) recognizing the symptoms of trauma;
(b) understanding the impact of trauma on a victim;
(c) responding to the needs and concerns of a victim of sexual assault or sexual abuse;
(d) delivering services to victims of sexual assault or sexual abuse in a compassionate, sensitive, and nonjudgmental manner;
(e) understanding cultural perceptions and common myths of sexual assault and sexual abuse; and
(f) techniques of writing reports in accordance with Subsection (5).
(2)
(a) In accordance with Section 53-6-202, the department and the Utah Prosecution Council shall offer the training in Subsection (1) to all certified law enforcement officers in the state.
(b) The training for all law enforcement officers may be offered through an online course, developed by the department and the Utah Prosecution Council.
(3) The training listed in Subsection (1) shall be offered by the Peace Officer Standards and Training division to all persons seeking certification as a peace officer.
(4)
(a) The department and the Utah Prosecution Council shall develop and offer an advanced training course for officers who investigate cases of sexual assault or sexual abuse.
(b) The advanced training course shall include:
(i) all criteria listed in Subsection (1); and
(ii) interviewing techniques in accordance with the curriculum standards in Subsection (5).
(5) The department shall consult with the Utah Prosecution Council to develop the specific training requirements of this section, including curriculum standards for report writing and response to sexual assault and sexual abuse, including trauma-informed and victim-centered interview techniques, which have been demonstrated to minimize retraumatizing victims.
(6) The Office of the Attorney General shall develop and offer training for law enforcement officers in investigating human trafficking offenses.
(7) The training described in Subsection (6) shall be offered to all law enforcement officers in the state by July 1, 2020.
(8) The training described in Subsection (6) shall be offered by the Peace Officer Standards and Training division to all persons seeking certification as a peace officer, in conjunction with the training described in Subsection (1), beginning July 1, 2021.
(9) The Office of the Attorney General, the department, and the Utah Prosecution Council shall consult with one another to provide the training described in Subsection (6) jointly with the training described in Subsection (1) as reasonably practicable.
Amended by Chapter 158, 2023 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 10 - Criminal Investigations and Technical Services Act › Part 9 - Sexual Assault Kit Processing Act › Section 909 - Rulemaking authority.

Effective 5/4/2022
53-10-909.
Rulemaking authority.
After consultation with the Utah Bureau of Forensic Services and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules, consistent with this part, regarding:
(1) the procedures for the submission and testing of all sexual assault kits collected by law enforcement and prosecutorial agencies in the state;
(2) the information and evidence that is required to be submitted as part of each sexual assault kit submission; and
(3) goals for the completion of analysis and classification of all sexual assault kit submissions.
Renumbered and Amended by Chapter 430, 2022 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 10 - Criminal Investigations and Technical Services Act › Part 9 - Sexual Assault Kit Processing Act › Section 910 - Reporting requirement.

Effective 5/4/2022
53-10-910.
Reporting requirement.
The Department of Public Safety and the Utah Bureau of Forensic Services shall report by July 31 of each year to the Law Enforcement and Criminal Justice Interim Committee and the Executive Offices and Criminal Justice Appropriations Subcommittee regarding:
(1) the timelines set for testing all sexual assault kits submitted to the Utah Bureau of Forensic Services as provided in Subsection 53-10-903(2);
(2) the goals established in Section 53-10-909;
(3) the status of meeting those goals;
(4) the number of sexual assault kits that are sent to the Utah Bureau of Forensic Services for testing;
(5) the number of restricted kits held by law enforcement;
(6) the number of sexual assault kits that are not processed in accordance with the timelines established in this part; and
(7) future appropriations requests that will ensure that all DNA cases can be processed according to the timelines established by this part.
Renumbered and Amended by Chapter 430, 2022 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 10 - Criminal Investigations and Technical Services Act › Part 10 - Amber Alert System › Section 1001 - Definitions.

Effective 5/3/2023
53-10-1001.
Definitions.
As used in this part:
(1) "Abduction of a child" means the taking, concealing, or detaining of a child without permission from an individual entitled to custody of the child.
(2) "Amber Alert" means an alert issued in accordance with America's Missing: Broadcast Emergency Response run by the bureau to assist a law enforcement agency in the recovery of an abducted child.
(3) "Child" means an individual under 18 years old.
(4) "Runaway" means the same as that term is defined in Section 80-1-102.
Enacted by Chapter 404, 2023 General Session
2023 Utah Code › Title 53 - Public Safety Code › Chapter 10 - Criminal Investigations and Technical Services Act › Part 10 - Amber Alert System › Section 1002 - Amber Alert criteria.

Effective 5/3/2023
53-10-1002.
Amber Alert criteria.
(1) Except as provided in Subsection (2), if a law enforcement agency receives a report that an abduction of a child has occurred, including an abduction of a child by the child's parent or guardian, the investigating law enforcement agency may issue an Amber Alert if:
(a) the investigating law enforcement agency confirms that an abduction of the child has occurred;
(b) the investigating law enforcement agency believes there is a credible threat of imminent danger of serious bodily injury or death to the child; and
(c) there is sufficient descriptive information about the child, alleged abductor, or the circumstances surrounding the abduction to indicate that issuing an Amber Alert will assist in the safe recovery of the child or the apprehension of the abductor.
(2) A law enforcement agency may not issue an Amber Alert:
(a) for a reported runaway; or
(b) for the taking, concealing, or detaining of a child by the child's parent during a child custody dispute regarding the child, unless there is a credible threat of imminent danger of serious bodily injury or death to the child.
(3) The investigating law enforcement agency may use relevant law enforcement technology, including an automatic license plate reader system, to locate a vehicle that is being sought in connection with an issued Amber Alert.
(4) The department and the Department of Transportation may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, establishing policies and procedures for the operation and maintenance of the Amber Alert System other than mobile network operations.
Enacted by Chapter 404, 2023 General Session