Sexual assault kit retention and disposal.

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  • (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).




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