H.B. 425

1

OFFENDER DNA FEES
2 2011 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Brad R. Wilson
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Public Safety Code regarding the fees for DNA testing.
10 Highlighted Provisions:
11 This bill:
12 . increases the fee from $150 to $235 for DNA testing of those booked into a county
13 jail or added to the sex offender registry.
14 Money Appropriated in this Bill:
15 None
16 Other Special Clauses:
17 None
18 Utah Code Sections Affected:
19 AMENDS:
20 53-10-404, as last amended by Laws of Utah 2010, Chapter 405
21 53-10-404.5, as enacted by Laws of Utah 2010, Chapter 405
22
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 53-10-404 is amended to read:
25 53-10-404. DNA specimen analysis -- Requirement to obtain the specimen.
26 (1) As used in this section, "person" refers to any person as described under Section
27 53-10-403 .

28 (2) (a) A person under Section 53-10-403 or any person added to the sex offender
29 [register] registry as defined in Section 77-27-21.5 shall provide a DNA specimen and shall
30 reimburse the agency responsible for obtaining the DNA specimen [$150] $235 for the cost of
31 obtaining the DNA specimen unless:
32 (i) the person was booked under Section 53-10-403 and is not required to reimburse the
33 agency under Section 53-10-404.5 ; or
34 (ii) the agency determines the person lacks the ability to pay.
35 (b) (i) (A) The responsible agencies shall establish guidelines and procedures for
36 determining if the person is able to pay the fee.
37 (B) An agency's implementation of Subsection (2)(b)(ii) meets an agency's obligation
38 to determine an inmate's ability to pay.
39 (ii) An agency's guidelines and procedures may provide for the assessment of [$150]
40 $235 on the inmate's county trust fund account and may allow a negative balance in the account
41 until the [$150] $235 is paid in full.
42 (3) (a) (i) All fees collected under Subsection (2) shall be deposited in the DNA
43 Specimen Restricted Account created in Section 53-10-407 , except that the agency collecting
44 the fee may retain not more than $25 per individual specimen for the costs of obtaining the
45 saliva DNA specimen.
46 (ii) The agency collecting the [$150] $235 fee may not retain from each separate fee
47 more than $25, and no amount of the [$150] $235 fee may be credited to any other fee or
48 agency obligation.
49 (b) The responsible agency shall determine the method of collecting the DNA
50 specimen. Unless the responsible agency determines there are substantial reasons for using a
51 different method of collection or the person refuses to cooperate with the collection, the
52 preferred method of collection shall be obtaining a saliva specimen.
53 (c) The responsible agency may use reasonable force, as established by its guidelines
54 and procedures, to collect the DNA sample if the person refuses to cooperate with the
55 collection.
56 (d) If the judgment places the person on probation, the person shall submit to the
57 obtaining of a DNA specimen as a condition of the probation.
58 (e) (i) Under this section a person is required to provide one DNA specimen and pay

59 the collection fee as required under this section.
60 (ii) The person shall provide an additional DNA specimen only if the DNA specimen
61 previously provided is not adequate for analysis.
62 (iii) The collection fee is not imposed for a second or subsequent DNA specimen
63 collected under this section.
64 (f) Any agency that is authorized to obtain a DNA specimen under this part may collect
65 any outstanding amount of a fee due under this section from any person who owes any portion
66 of the fee and deposit the amount in the DNA Specimen Restricted Account created in Section
67 53-10-407 .
68 (4) (a) The responsible agency shall cause a DNA specimen to be obtained as soon as
69 possible and transferred to the Department of Public Safety:
70 (i) after a conviction or a finding of jurisdiction by the juvenile court; and
71 (ii) on and after January 1, 2011, after the booking of a person for any offense under
72 Subsection 53-10-403 (1)(c).
73 (b) If notified by the Department of Public Safety that a DNA specimen is not adequate
74 for analysis, the agency shall, as soon as possible:
75 (i) obtain and transmit an additional DNA specimen; or
76 (ii) request that another agency that has direct access to the person and that is
77 authorized to collect DNA specimens under this section collect the necessary second DNA
78 specimen and transmit it to the Department of Public Safety.
79 (c) Each agency that is responsible for collecting DNA specimens under this section
80 shall establish:
81 (i) a tracking procedure to record the handling and transfer of each DNA specimen it
82 obtains; and
83 (ii) a procedure to account for the management of all fees it collects under this section.
84 (5) (a) The Department of Corrections is the responsible agency whenever the person is
85 committed to the custody of or is under the supervision of the Department of Corrections.
86 (b) The juvenile court is the responsible agency regarding a minor under Subsection
87 53-10-403 (3), but if the minor has been committed to the legal custody of the Division of
88 Juvenile Justice Services, that division is the responsible agency if a DNA specimen of the
89 minor has not previously been obtained by the juvenile court under Section 78A-6-117 .

90 (c) The sheriff operating a county jail is the responsible agency regarding the collection
91 of DNA specimens from persons who:
92 (i) have pled guilty to or have been convicted of an offense listed under Subsection
93 53-10-403 (2) but who have not been committed to the custody of or are not under the
94 supervision of the Department of Corrections;
95 (ii) are incarcerated in the county jail:
96 (A) as a condition of probation for a felony offense; or
97 (B) for a misdemeanor offense for which collection of a DNA specimen is required;
98 and
99 (iii) on and after January 1, 2011, are booked at the county jail for any offense under
100 Subsection 53-10-403 (1)(c).
101 (d) Each agency required to collect a DNA specimen under this section shall:
102 (i) designate employees to obtain the saliva DNA specimens required under this
103 section; and
104 (ii) ensure that employees designated to collect the DNA specimens receive appropriate
105 training and that the specimens are obtained in accordance with generally accepted protocol.
106 (6) (a) As used in this Subsection (6), "department" means the Department of
107 Corrections.
108 (b) Priority of obtaining DNA specimens by the department is:
109 (i) first, to obtain DNA specimens of persons who as of July 1, 2002, are in the custody
110 of or under the supervision of the department before these persons are released from
111 incarceration, parole, or probation, if their release date is prior to that of persons under
112 Subsections (6)(b)(ii), but in no case later than July 1, 2004; and
113 (ii) second, the department shall obtain DNA specimens from persons who are
114 committed to the custody of the department or who are placed under the supervision of the
115 department after July 1, 2002, within 120 days after the commitment, if possible, but not later
116 than prior to release from incarceration if the person is imprisoned, or prior to the termination
117 of probation if the person is placed on probation.
118 (c) The priority for obtaining DNA specimens from persons under Subsection (6)(b)(ii)
119 is:
120 (i) first, persons on probation;

121 (ii) second, persons on parole; and
122 (iii) third, incarcerated persons.
123 (d) Implementation of the schedule of priority under Subsection (6)(c) is subject to the
124 priority of Subsection (6)(b)(i), to ensure that the Department of Corrections obtains DNA
125 specimens from persons in the custody of or under the supervision of the Department of
126 Corrections as of July 1, 2002, prior to their release.
127 (7) (a) As used in this Subsection (7):
128 (i) "Court" means the juvenile court.
129 (ii) "Division" means the Division of Juvenile Justice Services.
130 (b) Priority of obtaining DNA specimens by the court from minors under Section
131 53-10-403 who are under the jurisdiction of the court but who are not in the legal custody of
132 the division shall be:
133 (i) first, to obtain specimens from minors who as of July 1, 2002, are within the court's
134 jurisdiction, prior to termination of the court's jurisdiction over these minors; and
135 (ii) second, to obtain specimens from minors who are found to be within the court's
136 jurisdiction after July 1, 2002, within 120 days of the minor's being found to be within the
137 court's jurisdiction, if possible, but not later than prior to termination of the court's jurisdiction
138 over the minor.
139 (c) Priority of obtaining DNA specimens by the division from minors under Section
140 53-10-403 who are committed to the legal custody of the division shall be:
141 (i) first, to obtain specimens from minors who as of July 1, 2002, are within the
142 division's legal custody and who have not previously provided a DNA specimen under this
143 section, prior to termination of the division's legal custody of these minors; and
144 (ii) second, to obtain specimens from minors who are placed in the legal custody of the
145 division after July 1, 2002, within 120 days of the minor's being placed in the custody of the
146 division, if possible, but not later than prior to termination of the court's jurisdiction over the
147 minor.
148 (8) (a) The Department of Corrections, the juvenile court, the Division of Juvenile
149 Justice Services, and all law enforcement agencies in the state shall by policy establish
150 procedures for obtaining saliva DNA specimens, and shall provide training for employees
151 designated to collect saliva DNA specimens.

152 (b) (i) The department may designate correctional officers, including those employed
153 by the adult probation and parole section of the department, to obtain the saliva DNA
154 specimens required under this section.
155 (ii) The department shall ensure that the designated employees receive appropriate
156 training and that the specimens are obtained in accordance with accepted protocol.
157 (c) Blood DNA specimens shall be obtained in accordance with Section 53-10-405 .
158 Section 2. Section 53-10-404.5 is amended to read:
159 53-10-404.5. Obtaining DNA specimen at time of booking -- Payment of fee upon
160 conviction.
161 (1) (a) When a sheriff books a person for any offense under Subsection
162 53-10-403 (1)(c), the sheriff shall obtain a DNA specimen from the person upon booking of the
163 person at the county jail, except under Subsection (1)(b).
164 (b) If at the time of booking the sheriff is able to obtain information from the bureau
165 stating that the bureau has on file a DNA specimen for the person, the sheriff is not required to
166 obtain an additional DNA specimen.
167 (2) The person booked under Subsection (1) shall pay a fee of [$150] $235 for the cost
168 of obtaining the DNA specimen if:
169 (a) the charge upon which the booking is based is resolved by a conviction or the
170 person is convicted of any charge arising out of the same criminal episode regarding which the
171 DNA specimen was obtained; and
172 (b) the person's DNA sample is not on file under Subsection (1)(b).
173 (3) (a) All fees collected under Subsection (2) shall be deposited in the DNA Specimen
174 Restricted Account created in Section 53-10-407 , except that the agency collecting the fee may
175 retain not more than $25 per individual specimen for the costs of obtaining the DNA specimen.
176 (b) The agency collecting the [$150] $235 fee may not retain from each separate fee
177 more than $25, and no amount of the [$150] $235 fee may be credited to any other fee or
178 agency obligation.
179 (4) Any DNA specimen obtained under this section shall be held and may not be
180 processed until:
181 (a) the court has bound the person over for trial following a preliminary hearing for any
182 charge arising out of the same criminal episode regarding which the person was booked;

183 (b) the person has waived the preliminary hearing for any charge arising out of the
184 same criminal episode regarding which the person was booked; or
185 (c) a grand jury has returned an indictment for any charge arising out of the same
186 criminal episode regarding which the person was booked.




Legislative Review Note
as of 2-7-11 9:20 AM

Office of Legislative Research and General Counsel