S.B.
277
DNA MODIFICATIONS
House Floor
Amendments
Amendment 4 March 11, 2010 11:38 AM
Representative Ryan D. Wilcox proposes the following amendments:
1. Page 1, Line 14
Senate 2nd Reading Amendments
3-8-2010 :
14 . requires that
{
any law enforcement agency
}
a county sheriff
that books a person for
any violent crime
2. Page 1, Line 20
Senate 2nd Reading Amendments
3-8-2010 :
20 . allocates
{
$20
}
$25
of the fee to the collecting agency, and the balance of
{
$130
}
$125
to the
3. Page 1, Line 24b through Page 2, Line 25
a.Senate 2nd Reading Amendments
b.3-8-2010 :
24b establishing a donor's gender and unique individual identification by DNA analysis;
{
and
}
24c . requires that the DNA analysis be consistent with and not exceed FBI forensic DNA analysis
24d procedures
{
.
}
.S
;
. requires that the department destroy a DNA specimen if criminal charges have not been filed within 90 days after booking;
; and
. provides that when a court issues an order to destroy DNA records pursuant to a person's motion for destruction based on dismissal or acquittal of the charge against the person, the court may also provide information advising of state law regarding expungement of criminal charges.
25 Monies Appropriated in this Bill:
4. Page 3, Line 87 :
87 (1) As used in this section, "person" refers to any person
{
, including a minor,
}
as
5. Page 4, Line 106 :
106
{
$20
}
$25
per individual specimen for the costs
6. Page 4, Line 109 :
109
{
$20
}
$25
, and no amount of the $150 fee may be credited to any other fee or agency obligation.
7. Page 5, Line 131 :
131 (i) after
a
conviction
{
, plea,
}
or
a
finding of jurisdiction by the juvenile court[, and
8. Page 6, Line 156 :
156 supervision of the Department of Corrections;
{
and
}
9. Page 6, Line 159 :
159 (B) for a misdemeanor offense for which collection of a DNA specimen is required
; and
(iii) on and after January 1, 2011, are booked at the county jail for any offense under Subsection 53-10-403(1)(c)
.
10. Page 6, Lines 161 through 164 :
161
{
(d) On and after January 1, 2011, each law enforcement agency that books a person for
162 any offense under Subsection 53-10-403 (1)(c) shall obtain a DNA specimen from the person
163 being booked in accordance with this section. }
164
{
(e)
}
(d)
Each agency required to collect a DNA specimen under this section shall:
11. Page 8, Lines 224 through 226
Senate Committee Amendments
3-2-2010 :
224 (1) (a) When
{
any law enforcement agency within the state
}
a sheriff
books a person for
any
225 offense under Subsection 53-10-403 (1)(c), the
{
law enforcement agency
}
sheriff
shall obtain a
DNA
226 specimen from the person upon booking
of the person
at the
county
jail S. [or upon admission to a
detention facility] .S ,
12. Page 8, Lines 228 through 230
Senate Committee Amendments
3-2-2010 :
228 (b) If at the time of booking S. [
{
acting law
229 enforcement agency }
sheriff
is able to obtain information from the bureau stating that the bureau has
on
230
file a DNA specimen for the person, the
230
{
law enforcement agency
}
sheriff
is not required to obtain
an
13. Page 8, Line 238
Senate Committee Amendments
3-2-2010 :
238 retain not more than
{
$20
}
$25
per individual specimen for the costs of obtaining the DNA specimen.
14. Page 8, Line 240
Senate Committee Amendments
3-2-2010 :
240
{
$20
}
$25
, and no amount of the $150 fee may be credited to any other fee or agency obligation.
15. Page 10, Lines 289b through 289e
Senate 2nd Reading Amendments
3-8-2010 :
289b markers routinely used or accepted in the field of forensic science are used to establish the [
289c gender and unique individual identification of the donor;
289d (h) utilize only those DNA analysis procedures that are consistent with, and do not exceed, procedures
289e established and used by the Federal Bureau of Investigation for the forensic analysis of DNA;
.S
(i) destroy a DNA specimen obtained under this part if criminal charges have not been filed
within 90 days after booking for an alleged offense under Subsection 53-10-403(2)(c);
and
16. Page 10, Line 290
Senate 2nd Reading Amendments
3-8-2010 :
290 [
{
(i)
}
.S
(j)
make rules in accordance with Title 63G, Chapter 3, Utah
17. Page 11, Lines 321 through 322
Senate 2nd Reading Amendments
3-8-2010 :
321 offense listed in Subsection 53-10-403 (2).
(7) A court order issued under Subsection (6) may be accompanied by a written notice to the
person advising that state law provides for expungement of criminal charges if the charge is resolved by
a final judgment of dismissal or acquittal.
322 [
{
(7)
}
(8)
Upon receipt of a [written request] court order for destruction pursuant to [this
18. Page 11, Line 331
Senate 2nd Reading Amendments
3-8-2010 :
331 [
{
(8
)
}
(9)
The department is not required to destroy any item of physical evidence
19. Page 11, Line 334
Senate 2nd Reading Amendments
3-8-2010 :
334 [
{
(9)
}
(10)
A DNA specimen, physical evidence, or criminal identification record may
20. Page 11, Line 336
Senate 2nd Reading Amendments
3-8-2010 :
336 [
{
(10)
}
(11)
If funding is not available for analysis of any of the DNA specimens
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