53-10-403.6.  Use of Rapid DNA.

(1)  Rapid DNA technology may be used for the purposes of conducting testing of a DNA specimen obtained:

Terms Used In Utah Code 53-10-403.6

  • Bureau: means the Bureau of Criminal Identification within the department, created in Section 53-10-201. See Utah Code 53-10-102
  • Forensic: means dealing with the application of scientific knowledge relating to criminal evidence. See Utah Code 53-10-102
  • Law enforcement agency: means an entity or division of:
(i) 
(A) the federal government, a state, or a political subdivision of a state;
(B) a state institution of higher education; or
(C) a private institution of higher education, if the entity or division is certified by the commissioner under Title 53, Chapter 19, Certification of Private Law Enforcement Agency; and
(ii) that exists primarily to prevent and detect crime and enforce criminal laws, statutes, and ordinances. See Utah Code 53-1-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • (a)  at the time of booking in accordance with Section 53-10-405; or

    (b)  for non-CODIS comparison during an investigation, if a second specimen is also obtained and is submitted to the bureau or another laboratory that is a National DNA Index System participating laboratory for testing.

    (2)  Notwithstanding Subsection (1)(b) a second sample is not required if the sample collected was a touch DNA sample and no other specimen or sample is available.

    (3)  Rapid DNA technology may be used for other purposes only when conducted by the bureau in its capacity as the state‘s National DNA Index System participating laboratory that follows the Federal Bureau of Investigation Quality Assurance Standards for Forensic DNA Testing Laboratories.

    (4)  If the investigating agency submits a DNA specimen to the bureau in accordance with the provisions of this section, the bureau shall provide the results of the test directly to the local law enforcement agency that submitted the DNA specimen.

    Enacted by Chapter 415, 2020 General Session