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2022 Utah Code
Title 53 - Public Safety Code
Chapter 20 - Forensic Biological Evidence Preservation
Section 101 - Definitions.
Universal Citation:
UT Code § 53-20-101 (2022)
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Effective 5/4/2022
53-20-101. Definitions.
As used in this chapter:
Enacted by Chapter 120, 2022 General Session
53-20-101. Definitions.
As used in this chapter:
- (1)
- (a) "Biological evidence" means an item that contains blood, semen, hair, saliva, epithelial cells, latent fingerprint evidence that may contain biological material suitable for DNA testing, or other identifiable human biological material that:
- (i) is collected as part of an investigation or prosecution of a violent felony offense; and
- (ii) may reasonably be used to incriminate or exculpate a person for the violent felony offense.
- (b) "Biological evidence" includes:
- (i) material that is catalogued separately, including:
- (A) on a slide or swab; or
- (B) inside a test tube, if the evidentiary sample that previously was inside the test tube has been consumed by testing;
- (ii) material that is present on other evidence, including clothing, a ligature, bedding, a drinking cup, a cigarette, or a weapon, from which a DNA profile may be obtained;
- (iii) the contents of a sexual assault examination kit; and
- (iv) material described in this Subsection (1) that is in the custody of an evidence collecting or retaining entity on May 4, 2022.
- (i) material that is catalogued separately, including:
- (a) "Biological evidence" means an item that contains blood, semen, hair, saliva, epithelial cells, latent fingerprint evidence that may contain biological material suitable for DNA testing, or other identifiable human biological material that:
- (2) "Continuous chain of custody" means:
- (a) for a law enforcement agency or a court, that legal standards regarding a continuous chain of custody are maintained; and
- (b) for an entity that is not a law enforcement agency or a court, that the entity maintains a record in accordance with legal standards required of the entity.
- (3) "Court" means a municipal, county, or state court.
- (4) "DNA" means deoxyribonucleic acid.
- (5) "DNA profile" means a unique identifier of an individual derived from DNA.
- (6)
- (a) "Evidence collecting or retaining entity" means an entity within the state that collects, stores, or retrieves biological evidence.
- (b) "Evidence collecting or retaining entity" includes:
- (i) a medical or forensic entity;
- (ii) a law enforcement agency;
- (iii) a court; and
- (iv) an official, employee, or agent of an entity or agency described in this Subsection (6).
- (7) "In custody" means an individual who:
- (a) is incarcerated, civilly committed, on parole, or on probation; or
- (b) is required to register under Title 77, Chapter 41, Sex and Kidnap Offender Registry.
- (8) "Law enforcement agency" means:
- (a) a municipal, county, state institution of higher education, or state police force or department;
- (b) a sheriff's office; or
- (c) a municipal, county, or state prosecuting authority.
- (9) "Medical or forensic entity" means a private or public hospital, medical facility, or other entity that secures biological evidence or conducts forensic examinations related to criminal investigations.
- (10) "Physical evidence" includes evidence that:
- (a) is related to:
- (i) an investigation;
- (ii) an arrest; or
- (iii) a prosecution that resulted in a judgment of conviction; and
- (b) is in the actual or constructive possession of a law enforcement agency or a court or an agent of a law enforcement agency or a court.
- (a) is related to:
- (11) "Violent felony" means the same as that term is defined in Section 76-3-203.5.
Enacted by Chapter 120, 2022 General Session
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