53-10-404.5. Obtaining DNA specimen at time of booking — Payment of fee upon conviction.
(1) |
Terms Used In Utah Code 53-10-404.5- Arrest: Taking physical custody of a person by lawful authority.
- Bureau: means the Bureau of Criminal Identification within the department, created in Section 53-10-201. See Utah Code 53-10-102
- Conviction: A judgement of guilt against a criminal defendant.
- Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Person: means :Utah Code 68-3-12.5
- Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(a) |
When a sheriff books a person for any offense under Subsections 53-10-403(1)(c) and (d), the sheriff shall:
(i) |
except as provided in Subsection (1)(b), obtain a DNA specimen from the person upon booking of the person at the county jail; and |
(ii) |
provide the person, in a manner the bureau specifies, notice of the process described in Subsection 53-10-406(6)(b) to request destruction of the DNA specimen and removal of the person’s DNA record from the database described in Subsection 53-10-406(1)(d). |
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(b) |
If at the time of booking the sheriff is able to obtain information from the bureau stating that the bureau has received a DNA specimen for the person and the sample analysis is either in process or complete, the sheriff is not required to obtain an additional DNA specimen. |
(c) |
If at the time of booking the sheriff is able to obtain information from the bureau stating that the bureau has received a DNA specimen for the person and the sample analysis is pending, the sheriff may obtain an additional DNA specimen. |
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(2) |
The person booked under Subsection (1) shall pay a fee of $150 for the cost of obtaining the DNA specimen if:
(a) |
the charge upon which the booking is based is resolved by a conviction or the person is convicted of any charge arising out of the same criminal episode regarding which the DNA specimen was obtained; and |
(b) |
the person’s DNA sample is not on file under Subsection (1)(b). |
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(3) |
(a) |
All fees collected under Subsection (2) shall be deposited into the DNA Specimen Restricted Account created in Section 53-10-407, except that the agency collecting the fee may retain not more than $25 per individual specimen for the costs of obtaining the DNA specimen. |
(b) |
The agency collecting the $150 fee may not retain from each separate fee more than $25, and no amount of the $150 fee may be credited to any other fee or agency obligation. |
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(4) |
Any DNA specimen obtained under this section shall be held and may not be processed until:
(a) |
the court has bound the person over for trial following a preliminary hearing for any charge arising out of the same criminal episode regarding which the person was booked; |
(b) |
the person has waived the preliminary hearing for any charge arising out of the same criminal episode regarding which the person was booked; |
(c) |
a grand jury has returned an indictment for any charge arising out of the same criminal episode regarding which the person was booked; or |
(d) |
sixty days after the issuance of an arrest warrant for failure to appear, provided the warrant is still outstanding or has not been recalled. |
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Amended by Chapter 113, 2022 General Session