(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).
(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).