53-10-406. DNA specimen analysis — Bureau responsibilities.
| (1) |
The bureau shall:
Attorney's NoteUnder the Utah Code, punishments for crimes depend on the classification. In the case of this section:
| Class | Prison | Fine |
|---|
| class B misdemeanor | up to 6 months | up to $1,000 |
For details, see Utah Code § 76-3-204Terms Used In Utah Code 53-10-406- Acquittal:
- Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
- A verdict of "not guilty."
- Bureau: means the Bureau of Criminal Identification within the department, created in Section 53-10-201. See Utah Code 53-10-102
- Contract: A legal written agreement that becomes binding when signed.
- Conviction: A judgement of guilt against a criminal defendant.
- Department: means the Department of Public Safety. See Utah Code 53-10-102
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Donor: The person who makes a gift.
- Forensic: means dealing with the application of scientific knowledge relating to criminal evidence. See Utah Code 53-10-102
- 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
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- 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) |
administer and oversee the DNA specimen collection process; |
| (b) |
store each DNA specimen and associated records received; |
| (c) |
analyze each specimen, or contract with a qualified public or private laboratory to analyze the specimen, to establish the genetic profile of the donor or to otherwise determine the identity of the person; |
| (d) |
maintain a criminal identification database containing information derived from DNA analysis; |
| (e) |
ensure that the DNA identification system does not provide information allowing prediction of genetic disease or predisposition to illness; |
| (f) |
ensure that only DNA markers routinely used or accepted in the field of forensic science are used to establish the gender and unique individual identification of the donor; |
| (g) |
utilize only those DNA analysis procedures that are consistent with, and do not exceed, procedures established and used by the Federal Bureau of Investigation for the forensic analysis of DNA; |
| (h) |
destroy a DNA specimen obtained under this part if criminal charges have not been filed within 90 days after booking for an alleged offense under Subsection 53-10-403(2)(c); and |
| (i) |
make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, establishing procedures for obtaining, transmitting, and analyzing DNA specimens and for storing and destroying DNA specimens and associated records, and criminal identification information obtained from the analysis. |
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| (2) |
Procedures for DNA analysis may include all techniques which the department determines are accurate and reliable in establishing identity. |
| (3) |
| (a) |
In accordance with Section 63G-2-305, each DNA specimen and associated record is classified as protected. |
| (b) |
The department may not transfer or disclose any DNA specimen, associated record, or criminal identification information obtained, stored, or maintained under this section, except under the provisions of this section. |
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| (4) |
Notwithstanding Subsection 63G-2-202(1), the department may deny inspection if the department determines that there is a reasonable likelihood that the inspection would prejudice a pending criminal investigation. |
| (5) |
The department shall adopt procedures governing the inspection of records, DNA specimens, and challenges to the accuracy of records. The procedures shall accommodate the need to preserve the materials from contamination and destruction. |
| (6) |
A person whose DNA specimen is obtained under this part may, personally or through a legal representative, submit:
| (a) |
to the court a motion for a court order requiring the destruction of the person’s DNA specimen, associated record, and any criminal identification record created in connection with that specimen, and removal of the person’s DNA record from the database described in Subsection (1)(d) if:
| (i) |
a final judgment reverses the conviction, judgment, or order that created an obligation to provide a DNA specimen; or |
| (ii) |
all charges arising from the same criminal episode for which the DNA specimen was obtained under Subsection 53-10-404.5(1)(a) have been resolved by a final judgment of dismissal with prejudice or acquittal; or |
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| (b) |
to the department a request for the destruction of the person’s DNA specimen, and associated record, and removal of the person’s DNA record from the database described in Subsection (1)(d) if:
| (i) |
no charge arising from the same criminal episode for which the DNA specimen was obtained under Subsection 53-10-404.5(1)(a) is filed against the person within one year after the day on which the person is booked; or |
| (ii) |
all charges arising from the same criminal episode for which the DNA specimen was obtained under Subsection 53-10-404.5(1)(a) have been resolved by a final judgment of dismissal with prejudice or acquittal. |
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| (7) |
A court order issued under Subsection (6)(a) may be accompanied by a written notice to the person advising that state law provides for expungement of criminal charges if the charge is resolved by a final judgment of dismissal or acquittal. |
| (8) |
The department shall destroy the person’s DNA specimen, and associated record, and remove the person’s DNA record from the database described in Subsection (1)(d), if:
| (a) |
the person provides the department with:
| (i) |
a court order for destruction described in Subsection (6)(a), and a certified copy of:
| (A) |
the court order reversing the conviction, judgment, or order; |
| (B) |
a court order to set aside the conviction; or |
| (C) |
the dismissal or acquittal of the charge regarding which the person was arrested; or |
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| (ii) |
a written request for destruction of the DNA specimen, and associated record, and removal of the DNA record from the database described in Subsection (6)(b), and a certified copy of:
| (A) |
a declination to prosecute from the prosecutor; or |
| (B) |
a court document that indicates all charges have been resolved by a final judgment of dismissal with prejudice or acquittal; and |
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| (b) |
the department determines that the person is not obligated to submit a DNA specimen as a result of a separate conviction or juvenile adjudication for an offense listed in Subsection 53-10-403(2). |
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| (9) |
The department may not destroy a person’s DNA specimen or remove a person’s DNA record from the database described in Subsection (1)(d) if the person has a prior conviction or a pending charge for which collection of a sample is authorized in accordance with Section 53-10-404. |
| (10) |
A DNA specimen, associated record, or criminal identification record created in connection with that specimen may not be affected by an order to set aside a conviction, except under the provisions of this section. |
| (11) |
If funding is not available for analysis of any of the DNA specimens collected under this part, the bureau shall store the collected specimens until funding is made available for analysis through state or federal funds. |
| (12) |
| (a) |
| (i) |
A person who, due to the person’s employment or authority, has possession of or access to individually identifiable DNA information contained in the state criminal identification database or the state DNA specimen repository may not willfully disclose the information in any manner to any individual, agency, or entity that is not entitled under this part to receive the information. |
| (ii) |
A person may not willfully obtain individually identifiable DNA information from the state criminal identification database or the state DNA repository other than as authorized by this part. |
| (iii) |
A person may not willfully analyze a DNA specimen for any purpose, or to obtain any information other than as required under this part. |
| (iv) |
A person may not willfully fail to destroy or fail to ensure the destruction of a DNA specimen when destruction is required by this part or by court order. |
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| (b) |
| (i) |
A person who violates Subsection (12)(a)(i), (ii), or (iii) is guilty of a third degree felony. |
| (ii) |
A person who violates Subsection (12)(a)(iv) is guilty of a class B misdemeanor. |
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Amended by Chapter 113, 2022 General Session
