S.B. 121

1

JUVENILE AMENDMENTS
2 1999 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Pete Suazo
5 AN ACT RELATING TO THE JUDICIAL CODE; LOWERING THE AGE WHEN
6 FINGERPRINTS AND PHOTOGRAPHS MAY BE TAKEN OF JUVENILES UNDER
7 CERTAIN CIRCUMSTANCES; PROVIDING THAT PHOTOGRAPHS OF JUVENILES MAY
8 ONLY BE USED BY LAW ENFORCEMENT PERSONNEL; MAKING TECHNICAL
9 CORRECTIONS; AND PROVIDING AN EFFECTIVE DATE.
10 This act affects sections of Utah Code Annotated 1953 as follows:
11 AMENDS:
12 78-3a-904, as last amended by Chapter 108, Laws of Utah 1998
13 Be it enacted by the Legislature of the state of Utah:
14 Section 1. Section 78-3a-904 is amended to read:
15 78-3a-904. When photographs, fingerprints, or HIV infection tests may be taken --
16 Distribution -- Expungement.
17 (1) Photographs [may] shall be taken of a minor [14] 12 years of age or older who:
18 (a) is taken into custody for the alleged commission of an offense under Sections
19 78-3a-104 , 78-3a-601 , and 78-3a-602 that would also be an offense if the minor were 18 years of
20 age or older; or
21 (b) has been determined to be a serious habitual offender for tracking under Section
22 63-92-2 and is under the continuing jurisdiction of the Juvenile Court or the Division of Youth
23 Corrections.
24 (2) (a) Fingerprints [may] shall be taken of a minor [14] 12 years of age or older who:
25 (i) is taken into custody for the alleged commission of an offense that would be a felony
26 if the minor were 18 years of age or older; or
27 (ii) has been determined to be a serious habitual offender for tracking under Section

28 63-92-2 and is under the continuing jurisdiction of the Juvenile Court or the Division of Youth
29 Corrections.
30 (b) Fingerprints shall be forwarded to the Bureau of Criminal Identification and may be
31 stored by electronic medium.
32 (3) HIV testing may be conducted on a minor who is taken into custody after having been
33 adjudicated to have violated state law prohibiting a sexual offense under Title 76, Chapter 5, Part
34 4, Sexual Offenses, upon the request of the victim or the parent or guardian of a minor victim.
35 (4) HIV tests, photographs, and fingerprints may not be taken of a minor younger than 14
36 years of age without the consent of the court.
37 (5) (a) Photographs may not be distributed or disbursed to individuals or agencies other
38 than state or local law enforcement agencies [only when a minor 14 years of age or older is charged
39 with an offense which would be a felony if committed by an adult].
40 (b) Fingerprints may be distributed or disbursed to individuals or agencies other than state
41 or local law enforcement agencies.
42 (6) When a minor's juvenile record is expunged, all photographs and other records as
43 ordered shall upon court order be destroyed by the law enforcement agency. Fingerprint records
44 may not be destroyed.
45 Section 2. Effective date.
46 This act takes effect on July 1, 1999.




Legislative Review Note
as of 1-25-99 11:44 AM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel