7 LONG TITLE
8 General Description:
9 This bill amends provisions related to DNA specimen analysis and destruction.
10 Highlighted Provisions:
11 This bill:
12 ▸ requires a sheriff to provide a person notice related to the destruction of a DNA
13 specimen and removal of the person's DNA sample and records from a database;
14 ▸ requires certain DNA specimens to be processed and entered into a database;
15 ▸ permits a person to request the destruction of the person's DNA specimen and
16 related records under certain conditions; and
17 ▸ makes technical and conforming changes.
18 Money Appropriated in this Bill:
20 Other Special Clauses:
22 Utah Code Sections Affected:
24 53-10-404.5, as last amended by Laws of Utah 2014, Chapter 331
25 53-10-406, as last amended by Laws of Utah 2010, Chapter 405
27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 53-10-404.5 is amended to read:
29 53-10-404.5. Obtaining DNA specimen at time of booking -- Payment of fee upon
31 (1) (a) When a sheriff books a person for any offense under Subsections
32 53-10-403(1)(c) and (d), the sheriff shall:
33 (i) except as provided in Subsection (1)(b), obtain a DNA specimen from the person
34 upon booking of the person at the county jail[
35 (ii) provide the person, in a manner the bureau specifies, notice of the process
36 described in Subsection 53-10-406(6)(b) to request destruction of the DNA specimen and
37 removal of the person's DNA record from the database described in Subsection
39 (b) If at the time of booking the sheriff is able to obtain information from the bureau
40 stating that the bureau has [
41 for the person and the sample analysis is either in process or complete, the sheriff is not
42 required to obtain an additional DNA specimen.
43 (c) If at the time of booking the sheriff is able to obtain information from the bureau
44 stating that the bureau has received a DNA specimen for the person and the sample analysis is
45 pending, the sheriff may obtain an additional DNA specimen.
46 (2) The person booked under Subsection (1) shall pay a fee of $150 for the cost of
47 obtaining the DNA specimen if:
48 (a) the charge upon which the booking is based is resolved by a conviction or the
49 person is convicted of any charge arising out of the same criminal episode regarding which the
50 DNA specimen was obtained; and
51 (b) the person's DNA sample is not on file under Subsection (1)(b).
52 (3) (a) All fees collected under Subsection (2) shall be deposited [
53 Specimen Restricted Account created in Section 53-10-407, except that the agency collecting
54 the fee may retain not more than $25 per individual specimen for the costs of obtaining the
55 DNA specimen.
56 (b) The agency collecting the $150 fee may not retain from each separate fee more than
57 $25, and no amount of the $150 fee may be credited to any other fee or agency obligation.
58 (4) Any DNA specimen obtained under this section shall be held and may not be
59 processed until:
60 (a) the court has bound the person over for trial following a preliminary hearing for any
61 charge arising out of the same criminal episode regarding which the person was booked;
62 (b) the person has waived the preliminary hearing for any charge arising out of the
63 same criminal episode regarding which the person was booked; [
64 (c) a grand jury has returned an indictment for any charge arising out of the same
65 criminal episode regarding which the person was booked[
66 (d) sixty days after the issuance of an arrest warrant for failure to appear, provided the
67 warrant is still outstanding or has not been recalled.
68 Section 2. Section 53-10-406 is amended to read:
69 53-10-406. DNA specimen analysis -- Bureau responsibilities.
70 (1) The bureau shall:
71 (a) administer and oversee the DNA specimen collection process;
74 (b) store each DNA specimen and associated records received;
75 (c) analyze each specimen, or contract with a qualified public or private laboratory to
76 analyze the [
77 determine the identity of [
79 (d) maintain a criminal identification [
80 derived from DNA analysis;
85 allowing prediction of genetic disease or predisposition to illness;
87 forensic science are used to establish the gender and unique individual identification of the
90 not exceed, procedures established and used by the Federal Bureau of Investigation for the
91 forensic analysis of DNA;
93 been filed within 90 days after booking for an alleged offense under Subsection
94 53-10-403(2)(c); and
96 Rulemaking Act, establishing procedures for obtaining, transmitting, and analyzing DNA
97 specimens and for storing and destroying DNA specimens and [
98 associated records, and criminal identification information obtained from the analysis.
99 (2) Procedures for DNA analysis may include all techniques which the [
103 (3) (a) In accordance with Section 63G-2-305, [
104 each DNA specimen and associated record is classified as protected.
105 (b) The [
106 DNA specimen, [
107 obtained, stored, or maintained under this section, except under [
109 (4) Notwithstanding Subsection 63G-2-202(1), the department may deny inspection if
111 prejudice a pending criminal investigation.
112 (5) The department shall adopt procedures governing the inspection of records, DNA
113 specimens, and challenges to the accuracy of records. The procedures shall accommodate the
114 need to preserve the materials from contamination and destruction.
115 (6) A person whose DNA specimen [
116 personally or through a legal representative, submit:
117 (a) to the court a motion for a court order requiring the destruction of the person's DNA
118 specimen, associated record, and any criminal identification record created in connection with
119 that specimen, and removal of the person's DNA record from the database described in
120 Subsection (1)(d) if:
122 obligation to provide a DNA specimen; or
123 (ii) all charges arising from the same criminal episode for which the DNA specimen
124 was obtained under Subsection 53-10-404.5(1)(a) have been resolved by a final judgment of
125 dismissal with prejudice or acquittal; or
126 (b) to the department a request for the destruction of the person's DNA specimen, and
127 associated record, and removal of the person's DNA record from the database described in
128 Subsection (1)(d) if:
129 (i) no charge arising from the same criminal episode for which the DNA specimen was
130 obtained under Subsection 53-10-404.5(1)(a) is filed against the person within one year after
131 the day on which the person is booked; or
132 (ii) all charges arising from the same criminal episode for which the DNA specimen
133 was obtained under Subsection 53-10-404.5(1)(a) have been resolved by a final judgment of
134 dismissal with prejudice or acquittal[
138 (7) A court order issued under Subsection (6)(a) may be accompanied by a written
139 notice to the person advising that state law provides for expungement of criminal charges if the
140 charge is resolved by a final judgment of dismissal or acquittal.
142 (8) The department shall destroy the person's DNA specimen, and associated record,
143 and remove the person's DNA record from the database described in Subsection (1)(d), if:
144 (a) the person provides the department with:
145 (i) a court order for destruction [
147 (A) the court order reversing the conviction, judgment, or order[
148 (B) a court order to set aside the conviction[
149 (C) the dismissal or acquittal of the charge regarding which the person was arrested[
153 (ii) a written request for destruction of the DNA specimen, and associated record, and
154 removal of the DNA record from the database described in Subsection (6)(b), and a certified
155 copy of:
156 (A) a declination to prosecute from the prosecutor; or
157 (B) a court document that indicates all charges have been resolved by a final judgment
158 of dismissal with prejudice or acquittal; and
159 (b) the department determines that the person is not obligated to submit a DNA
160 specimen as a result of a separate conviction or juvenile adjudication for an offense listed in
161 Subsection 53-10-403(2).
162 (9) The department [
165 DNA specimen or remove a person's DNA record from the database described in Subsection
166 (1)(d) if the person has a prior conviction or a pending charge for which collection of a sample
167 is authorized in accordance with Section 53-10-404.
168 (10) A DNA specimen, [
169 record created in connection with that specimen may not be affected by an order to set aside a
170 conviction, except under the provisions of this section.
171 (11) If funding is not available for analysis of any of the DNA specimens collected
172 under this part, the bureau shall store the collected specimens until funding is made available
173 for analysis through state or federal funds.
174 (12) (a) (i) A person who, due to the person's employment or authority, has possession
175 of or access to individually identifiable DNA information contained in the state criminal
176 identification database or the state DNA specimen repository may not willfully disclose the
177 information in any manner to any individual, agency, or entity that is not entitled under this
178 part to receive the information.
179 (ii) A person may not willfully obtain individually identifiable DNA information from
180 the state criminal identification database or the state DNA repository other than as authorized
181 by this part.
182 (iii) A person may not willfully analyze a DNA specimen for any purpose, or to obtain
183 any information other than as required under this part.
184 (iv) A person may not willfully fail to destroy or fail to ensure the destruction of a
185 DNA specimen when destruction is required by this part or by court order.
186 (b) (i) A person who violates Subsection (12)(a)(i), (ii), or (iii) is guilty of a third
187 degree felony.
188 (ii) A person who violates Subsection (12)(a)(iv) is guilty of a class B misdemeanor.