A. By not later than June 2, 2015, the chief of police or designee shall establish procedures regarding collection and testing of deoxyribonucleic acid (DNA) evidence in sexual offenses occurring in the city as set forth in Utah code title 76-5-401 et seq., or its successor.
B. For purposes of this article "testing DNA evidence" means an examination of available DNA evidence, developing a putative perpetrator DNA profile based on such evidence, and uploading the profile to the combined DNA index system (CODIS) when the profile is qualified for inclusion in CODIS.
C. The procedures referenced in subsection A of this section shall include the following:
1. a. For every sexual offense occurring in the city on or after November 1, 2014, DNA samples identified by medical personnel which are provided to the police department shall be submitted by the department to a DNA testing program. In no circumstance may the department decline to advance DNA samples identified by medical personnel to a qualified lab for DNA testing. If testing is done by a lab without CODIS access, then within thirty (30) days after the department receives test results, the department shall submit such results to the state crime lab or another lab qualified to upload eligible DNA profiles to CODIS.
b. For the purpose of this subsection a "DNA testing program" means a program that:
(1) Trains personnel in testing forensic evidence from a victim identified by medical personnel based on the victim's medical evaluation and history,
(2) Uses DNA testing processes that yield DNA profiles eligible for upload to CODIS as identified by the FBI director's quality assurance standards, and
(3) Sends DNA test results to law enforcement with any putative perpetrator DNA profiles in a format eligible for CODIS upload.
2. For every sexual offense occurring in the city before November 1, 2014, for which the police department has possession or control of an associated sexual offense evidence collection kit, DNA testing shall follow the procedure set forth in subsection C1 of this section. Such testing shall be completed within three (3) years after the implementation date set forth in section 2.10.170 of this chapter. (Ord. 70-14, 2014)