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H.B. 48 Enrolled
7 LONG TITLE
8 General Description:
9 This bill requires fingerprints and photographs of juveniles to be taken and stored in
10 specific circumstances.
11 Highlighted Provisions:
12 This bill:
13 . requires fingerprints and photographs of juveniles to be taken when a juvenile age
14 14 or older is:
15 . admitted to a detention facility for an offense that would be a felony if
16 committed by an adult;
17 . adjudicated by the juvenile court for an offense that would be a felony or class
18 A misdemeanor if committed by an adult; and
19 . restricts the distribution of fingerprints and photographs.
20 Money Appropriated in this Bill:
22 Other Special Clauses:
24 Utah Code Sections Affected:
26 78A-6-1104, as renumbered and amended by Laws of Utah 2008, Chapter 3
28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 78A-6-1104 is amended to read:
30 78A-6-1104. When photographs, fingerprints, or HIV infection tests may be
31 taken -- Distribution -- Expungement.
32 (1) [
33 shall take a photograph and fingerprints of all minors 14 years of age or older who[
35 Justice Services for the alleged commission of an offense [
37 years of age or older[
48 (2) The Juvenile Court shall order a minor 14 years of age or older to have their
49 fingerprints taken at a detention facility operated by the Division of Juvenile Justice Services or
50 a local law enforcement agency if the minor is:
51 (a) adjudicated for an offense that would be a class A misdemeanor if the minor were
52 18 years of age or older; or
53 (b) adjudicated for an offense that would be a felony if the minor were 18 years of age
54 or older and the minor was not admitted to a detention facility operated by the Division of
55 Juvenile Justice Services.
56 (3) The Juvenile Court shall take a photograph of all minors 14 years of age or older
57 who are adjudicated for an offense that would be a felony or a class A misdemeanor if the
58 minor were 18 years of age or older.
60 may be stored by electronic medium.
62 having been adjudicated to have violated state law prohibiting a sexual offense under Title 76,
63 Chapter 5, Part 4, Sexual Offenses, upon the request of the victim or the parent or guardian of a
64 child victim.
66 than 14 years of age without the consent of the court.
68 following individuals or agencies [
71 (i) state and local law enforcement agencies;
72 (ii) the judiciary; and
73 (iii) the Division of Juvenile Justice Services.
74 (b) Fingerprints may be distributed or disbursed to the following individuals or
75 agencies [
76 (i) state and local law enforcement agencies;
77 (ii) the judiciary;
78 (iii) the Division of Juvenile Justice Services; and
79 (iv) agencies participating in the Western Identification Network.
81 as ordered shall upon court order be destroyed by the law enforcement agency. Fingerprint
82 records may not be destroyed.
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