Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since August 1, 2019, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


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

Rule R722-920. Cold Case Database.

As in effect on August 1, 2019

Table of Contents

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

February 20, 2019

Authorizing, Implemented, or Interpreted Law

53-10-115


Additional Information

Contact

For questions regarding the content or application of rules under Title R722, please contact the promulgating agency (Public Safety, Criminal Investigations and Technical Services, Criminal Identification). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.