House approves minimum retention period for sexual-assault forensic kits after amendment

SALT LAKE CITY — The Utah House on the floor approved House Bill 181 on a 69-1 vote, setting a minimum retention period of 120 days for sexual-assault forensic examinations and related evidence when victims have not contacted law enforcement.

Sponsor Representative Tim Cosgrove said the bill “establishes a minimum time frame” to preserve kits so victims can seek counseling, speak with family or clergy, and have more time to decide whether to pursue an investigation. Supporters described the change as a way to encourage more victims to complete medical examinations that produce time-sensitive forensic evidence.

Opponents raised concerns about the effect of a fixed retention period on criminal proceedings. Representative Morley warned that allowing destruction of evidence after a set interval could limit later exoneration or prosecution, noting statutes of limitation concerns and urging caution when choosing a retention window.

Representative Harper offered an amendment increasing the statutory minimum from 90 days to 120 days; Cosgrove accepted the change as friendly. Backers, including victim-advocacy groups and criminal-justice organizations cited by the sponsor, said law enforcement generally keeps kits longer and that the bill creates a floor rather than a ceiling.

The House adopted the Harper amendment and passed the bill 69-1; the measure will be transmitted to the Senate for further consideration.

The change directs agencies only to preserve a minimum period; it does not prevent law enforcement from retaining evidence longer or impose a ceiling on preservation. Proponents said implementation questions — including notification to victims and recordkeeping — will be handled in agency rules or guidance.