Section 53-10-905 - Sexual assault kit retention and disposal - Notification(1) As used in this section: (a) "Agency" means the same as that term is defined in Section 77-11a-101.(b) "Agency" includes an evidence collecting or retaining entity as defined in Section 77-11c-101.(2) An agency with custody of a sexual assault kit shall preserve the sexual assault kit in accordance with Title 77, Chapter 11c, Retention of Evidence.(3) An agency shall send a notice to a victim that the agency intends to dispose of a sexual assault kit if: (a) the agency intends to dispose of the sexual assault kit before the applicable time period described in Section 77-11c-201, 77-11c-301, or 77-11c-401 expires; and(b) the victim provided a written request to the agency investigating the sexual offense that the victim receive notice of when the agency intends to dispose of the sexual assault kit.(4) An agency shall send a notice of intent to dispose of a sexual assault kit to the victim: (a) at least 180 days before the day on which the agency intends to dispose of the sexual assault kit; and(b) by certified mail, return receipt requested, or a delivery service that provides proof of delivery.(5) If a victim receives a notice of intent to dispose of a sexual assault kit, the victim may submit a written request, within the 180-day period described in Subsection (4)(a), that the agency retain the sexual assault kit.(6) A notice of intent to dispose of a sexual assault kit shall provide the victim with information on how to submit a written request described in Subsection (5).(7) If an agency receives a written request to retain the sexual assault kit from the victim within the 180-day period described in Subsection (4)(a), the agency shall retain the sexual assault kit for the applicable time period described in Section 77-11c-201, 77-11c-301, or 77-11c-401.Amended by Chapter 164, 2024 General Session ,§ 3, eff. 5/1/2024.Renumbered as §53-10-905 by Chapter 430, 2022 General Session ,§ 21, eff. 5/4/2022.Added by Chapter 249, 2017 General Session ,§ 5, eff. 5/9/2017.