DAR File No. 43435

Public Safety, Criminal Investigations and Technical Services, Criminal Identification

Rule R722-920

Cold Case Database

Notice of Proposed Rule

(New Rule)

DAR File No.: 43435
Filed: 12/11/2018 03:00:50 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is required as a result of the passage of S.B 160, Cold Case Database, during the 2018 General Session, which enacted the rulemaking requirement under Section 53-10-115.

Summary of the rule or change:

This rule specifies the information to be collected from law enforcement entities and maintained in the cold case database, and the information that may be accessed by the public.

Statutory or constitutional authorization for this rule:

• Section 53-10-115

Anticipated cost or savings to:

the state budget:

The Department of Public Safety (Department) does not anticipate a cost or savings to the state budget because this rule only specifies the information to be collected from law enforcement entities and maintained in the cold case database, and the information that may be accessed by the public.

local governments:

The Department does not anticipate a cost or savings to local governments because this rule only specifies the information to be collected from law enforcement entities and maintained in the cold case database, and the information that may be accessed by the public.

small businesses:

The Department does not anticipate a cost or savings to small businesses because this rule only specifies the information to be collected from law enforcement entities and maintained in the cold case database, and the information that may be accessed by the public.

persons other than small businesses, businesses, or local governmental entities:

The Department does not anticipate a cost or savings to persons other than small businesses or local government entities because this rule only specifies the information to be collected from law enforcement entities and maintained in the cold case database, and the information that may be accessed by the public.

Compliance costs for affected persons:

There are no associated compliance costs for affected persons, this rule only specifies the information to be collected from law enforcement entities and maintained in the cold case database, and the information that may be accessed by the public.

Comments by the department head on the fiscal impact the rule may have on businesses:

There are not any non-small businesses in the state of Utah that will be impacted by this rule. This rule only affects law enforcement as it requires them to enter homicide and missing person cold cases into the cold case database. The Commissioner of the Department of Public Safety, Jess L. Anderson, has reviewed and approved this fiscal analysis.

Jess L. Anderson, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Public Safety
Criminal Investigations and Technical Services, Criminal Identification
3888 W 5400 S
TAYLORSVILLE, UT 84118

Direct questions regarding this rule to:

• Alice Moffat at the above address, by phone at 801-281-5039, by FAX at 801-965-4944, or by Internet E-mail at aerickso@utah.gov
• Kim Gibb at the above address, by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov
• Greg Willmore at the above address, by phone at 801-965-4533, by FAX at , or by Internet E-mail at gwillmor@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

01/31/2019

This rule may become effective on:

02/07/2019

Authorized by:

Alice Moffat, Bureau Chief

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs	FY 2019	FY 2020	FY 2021
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Person	$0	$0	$0
Total Fiscal Costs:	$0	$0	$0
Fiscal Benefits
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Persons	$0	$0	$0
Total Fiscal Benefits:	$0	$0	$0
Net Fiscal Benefits:	$0	$0	$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described above. Inestimable impacts for Non - Small Businesses are described below.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

There are no non-small businesses in the state of Utah that will be impacted by this rule. This rule only affects law enforcement as it requires them to enter homicide and missing person cold cases into the cold case database.

 

The Commissioner of the Department of Public Safety, Jess L. Anderson, has reviewed and approved this fiscal analysis.

 

 

R722. Public Safety, Criminal Investigations and Technical Services, Criminal Identification.

R722-920. Cold Case Database.

R722-920-1. Authority.

This rule is authorized under Section 53-10-115.

 

R722-920-2. Purpose.

The purpose of this rule is to specify the information to be collected and maintained in the cold case database, and what information may be accessed by the public.

 

R722-920-3. Definitions.

(1) Terms used in this rule are defined in Section 53-10-102 and 53-10-115.

(2) In addition:

(a) "CODIS" means the Combined DNA Index System;

(b) "database" means the cold case database established in Subsection 53-10-104(17);

(c) "NAMUS" means the National Missing and Unidentified Persons System;

(d) "NCIC" means the National Crime Information Center;

(d) "NCMEC" means the National Center for Missing and Exploited Children; and

(d) "ViCAP" means the Violent Criminal Apprehension Program.

 

R722-920-4. Information to Be Collected and Maintained.

(1) Each law enforcement agency in the state shall provide information regarding the following cold case types to the division for inclusion in the database:

(a) unresolved homicide; or

(b) missing person.

(2) The following information is required, when available, in order for a cold case to be included in the database:

(a) the victim's:

(i) name;

(ii) gender;

(iii) race;

(iv) ethnicity; and

(v) date of birth;

(b) ViCAP number, if the case has been entered into the ViCAP system;

(c) NCMEC number if the case has been entered into the NCMEC system;

(d) whether the case was entered into the NAMUS system;

(e) NCIC number if entered into the NCIC system;

(f) Medical Examiner case number;

(g) whether probative, unanalyzed suspect reference DNA is available;

(h) whether a probative, crime scene DNA profile from the putative perpetrator has been uploaded to CODIS;

(i) whether reference DNA from the victim is available;

(j) State Bureau of Forensic Services case number;

(k) name of agency referring the case;

(l) investigating agency contact number;

(m) date case entered into the database;

(n) agency case number;

(o) whether the victim was a juvenile or adult victim at the time the crime occurred;

(p) date crime was reported to investigating agency;

(q) date or approximate date the victim was last seen;

(r) date or approximate date of death;

(s) cause or manner of death;

(t) location body was found if a body was found;

(u) whether a weapon was used, and the type of weapon used if applicable;

(v) whether the following evidence is available:

(i) fingerprints

(ii) palm prints;

(iii) latent prints;

(iv) dental records;

(vi) shell casings; or

(v) other physical evidence;

(w) scars, marks and tattoos;

(x) whether a suspect or person of interest has been identified;

(y) date case solved; and

(z) case narrative.

(2) The following information may be entered into the database at the discretion of the investigating agency for a cold case:

(a) associated information which may include the following:

(i) vehicle information;

(ii) nickname or moniker;

(iii) associated case addresses;

(iv) associated phone numbers;

(v) associated names

(b) case photos or composite drawings at the discretion of the investigating agency; and

(c) other details as determined by law enforcement agency.

 

R722-920-5. Information That May Be Accessed by the Public.

(1) The following information maintained in the database shall be made available to the public:

(a) case type;

(b) the victim's:

(i) name;

(ii) gender;

(iii) race; and

(iv) age;

(c) name of agency referring the case;

(d) agency case number;

(e) date of crime;

(f) date of death; and

(g) status of case.

(2) Additional information maintained in the database may be made available to the public at the discretion of the investigating agency.

 

KEY: cold case database, cold cases, database

Date of Enactment or Last Substantive Amendment: 2019

Authorizing, and Implemented or Interpreted Law: 53-10-115