Superseded 7/1/2024)
Superseded 7/1/2024
53-10-405. DNA specimen analysis — Saliva sample to be obtained by agency — Blood sample to be drawn by professional.
| (1) |
Terms Used In Utah Code 53-10-405- Department: means the Department of Public Safety. See Utah Code 53-10-102
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: means :Utah Code 68-3-12.5
| (a) |
A saliva sample shall be obtained by the responsible agency under Subsection 53-10-404(5). |
| (b) |
The sample shall be obtained in a professionally acceptable manner, using appropriate procedures to ensure the sample is adequate for DNA analysis. |
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| (2) |
| (a) |
A blood sample shall be drawn in a medically acceptable manner by any of the following:
| (ii) |
a physician assistant; |
| (iii) |
a registered nurse; |
| (iv) |
a licensed practical nurse; |
| (vi) |
as provided in Subsection (2)(b), emergency medical service personnel other than paramedics; or |
| (vii) |
a person with a valid permit issued by the Department of Health and Human Services under Section 26B-1-202. |
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| (c) |
A person authorized by this section to draw a blood sample may not be held civilly liable for drawing a sample in a medically acceptable manner. |
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| (3) |
A test result or opinion based upon a test result regarding a DNA specimen may not be rendered inadmissible as evidence solely because of deviations from procedures adopted by the department that do not affect the reliability of the opinion or test result. |
| (4) |
A DNA specimen is not required to be obtained if:
| (a) |
the court or the responsible agency confirms with the department that the department has previously received an adequate DNA specimen obtained from the person in accordance with this section; or |
| (b) |
the court determines that obtaining a DNA specimen would create a substantial and unreasonable risk to the health of the person. |
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Amended by Chapter 328, 2023 General Session
