H.B. 48 Enrolled

1

FINGERPRINTS OF JUVENILES
2 2011 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Jeremy A. Peterson
5 Senate Sponsor: Daniel W. Thatcher
6
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:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:
26 78A-6-1104, as renumbered and amended by Laws of Utah 2008, Chapter 3
27
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) [Photographs may be taken of a minor] The Division of Juvenile Justice Services
33 shall take a photograph and fingerprints of all minors 14 years of age or older who[: (a) is
34 taken into custody] are admitted to a detention facility operated by the Division of Juvenile
35 Justice Services for the alleged commission of an offense [under Sections 78A-6-103 ,
36 78A-6-701 , and 78A-6-702 ] that would [also] be [an offense] a felony if the minor were 18
37 years of age or older[; or].
38 [(b) has been determined to be a serious habitual offender for tracking under Section
39 63M-10-201 and is under the continuing jurisdiction of the Juvenile Court or the Division of
40 Juvenile Justice Services.]
41 [(2) (a) Fingerprints may be taken of a minor 14 years of age or older who:]
42 [(i) is taken into custody for the alleged commission of an offense that would be a
43 felony if the minor were 18 years of age or older;]
44 [(ii) has been determined to be a serious habitual offender for tracking under Section
45 63M-10-201 and is under the continuing jurisdiction of the Juvenile Court or the Division of
46 Juvenile Justice Services; or]
47 [(iii) is required to provide a DNA specimen under Section 53-10-403 .]
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.
59 [(b)] (4) Fingerprints shall be forwarded to the Bureau of Criminal Identification and
60 may be stored by electronic medium.
61 [(3)] (5) HIV testing may be conducted on a minor who is taken into custody after
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.
65 [(4)] (6) HIV tests, photographs, and fingerprints may not be taken of a child younger
66 than 14 years of age without the consent of the court.
67 [(5)] (7) (a) Photographs taken under this section may be distributed or disbursed to the
68 following individuals or agencies [other than state or local law enforcement agencies only
69 when a minor 14 years of age or older is charged with an offense which would be a felony if
70 committed by an adult.]:
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 [other than state or local law enforcement 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.
80 [(6)] (8) When a minor's juvenile record is expunged, all photographs and other records
81 as ordered shall upon court order be destroyed by the law enforcement agency. Fingerprint
82 records may not be destroyed.