Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 421 (2019GS)

Sponsor

Rep. Eliason, S.

Final action

House/ filed 3/14/2019

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• requires a sheriff to provide a person notice related to the destruction of a DNA specimen and removal of the person's DNA sample and records from a database;
• requires certain DNA specimen to be processed and entered into a database;
• permits a person to request the destruction of the person's DNA specimen and related records under certain conditions; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

DNA SPECIMEN ANALYSIS AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Steve Eliason
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill amends provisions related to DNA specimen analysis and destruction.
Highlighted Provisions:
This bill:
▸ requires a sheriff to provide a person notice related to the destruction of a DNA
specimen and removal of the person's DNA sample and records from a database;
▸ requires certain DNA specimen to be processed and entered into a database;
▸ permits a person to request the destruction of the person's DNA specimen and
related records under certain conditions; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53-10-404.5
, as last amended by Laws of Utah 2014, Chapter 331
53-10-406
, as last amended by Laws of Utah 2010, Chapter 405
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53-10-404.5
 is amended to read:
53-10-404.5.
Obtaining DNA specimen at time of booking -- Payment of fee upon
conviction.
(1) (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[
, except under Subsection (1)(b).
]
; 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 sample and DNA records from the database described in
Subsection 
53-10-406
(1)(d).
(b) If at the time of booking the sheriff is able to obtain information from the bureau
stating that the bureau has on file a DNA specimen for the person, the sheriff is not required to
obtain an additional DNA specimen.
(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).
(3) (a) All fees collected under Subsection (2) shall be deposited in 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.
(4) Any DNA specimen obtained under this section shall be [
held and may not be
processed until
] 
processed and entered into the database described in Subsection
53-10-406(1)(d), if the DNA specimen is
:
[
(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; or
]
[
(c) a grand jury has returned an indictment for any charge arising out of the same
criminal episode regarding which the person was booked.
]
(a) obtained in accordance with Subsections 
53-10-403
(1)(c) through (e); and
(b) in the possession of the bureau.
Section 2. Section 
53-10-406
 is amended to read:
53-10-406.
DNA specimen analysis -- Bureau responsibilities.
(1) The bureau shall:
(a) administer and oversee the DNA specimen collection process;
(b) store [
all DNA specimens
] 
each DNA specimen
 received and other physical
evidence obtained from analysis of [
those specimens
] 
each specimen
;
(c) analyze [
the specimens
] 
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 [
persons or contract with other qualified public or private
laboratories to conduct the analysis
] 
the person
;
(d) maintain a criminal identification data base containing information derived from
DNA analysis;
(e) utilize [
the
] 
all
 specimens to create statistical population frequency data bases,
provided that genetic profiles or other information in a population frequency data base may not
be identified with specific individuals;
(f) ensure that the DNA identification system does not provide information allowing
prediction of genetic disease or predisposition to illness;
(g) 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;
(h) 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; 
and
[
(i) 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
]
[
(j)
] 
(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 other physical evidence and
criminal identification information obtained from the analysis.
(2) Procedures for DNA analysis may include all techniques which the [
Department of
Public Safety
] 
department
 determines are accurate and reliable in establishing identity,
including [
but not limited to,
] analysis of DNA, antigen antibodies, polymorphic enzymes, or
polymorphic proteins.
(3) (a) In accordance with Section 
63G-2-305
, [
all DNA specimens received shall be
]
each DNA specimen received is
 classified as protected.
(b) The [
Department of Public Safety
] 
department
 may not transfer or disclose any
DNA specimen, physical evidence, or criminal identification information obtained, stored, or
maintained under this section, except under [
its
] 
the
 provisions 
of this section
.
(4) Notwithstanding Subsection 
63G-2-202
(1), the department may deny inspection if
[
it
] 
the department
 determines that there is a reasonable likelihood that the inspection would
prejudice a pending criminal investigation.
(5) 
(a)
 The department shall adopt procedures governing the inspection of [
records,
DNA specimens, and challenges to the accuracy of records
] 
a record, a DNA specimen, and a
challenge to the accuracy of a record
.
(b)
 The procedures 
described in Subsection (5)(a)
 shall accommodate the need to
preserve [
the materials
] 
material
 from contamination and destruction.
(6) A person whose DNA specimen [
has been
] 
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 and any criminal identification record created in connection with that specimen if:
[
(a)
] (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 or acquittal; [
and
] 
or
[
(b) the department determines that the person has not otherwise become obligated to
submit a DNA specimen as a result of any separate conviction or juvenile adjudication for any
offense listed in Subsection 
53-10-403
(2).
]
(b) to the department a request for the destruction of the person's DNA specimen and
removal of the person's DNA specimen and DNA records 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.
(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) [
Upon receipt of
] 
The department shall destroy the person's DNA specimen, all
physical evidence obtained from the person's DNA specimen, and all criminal identification
records related to the person, if:
(a) the person provides the department with:
(i)
 a court order for destruction [
pursuant to
] 
described in
 Subsection [
(6) and receipt
of
] 
(6)(a); and
(ii)
 a certified copy of
:
(A)
 the court order reversing the conviction, judgment, or order[
, a certified copy of
]
;
(B)
 a court order to set aside the conviction[
, or a certified copy of
]
; or
(C)
 the dismissal or acquittal of the charge regarding which the person was arrested[
,
the Department of Public Safety shall destroy any specimen received from the person, any
physical evidence obtained from that specimen, and any criminal identification records
pertaining to the person, unless prohibited under Subsection (6)(b).
]
; and
(b) the department determines that the person has not otherwise become obligated to
submit a DNA specimen as a result of any separate conviction or juvenile adjudication for any
offense listed in Subsection 
53-10-403
(2).
(9) The department shall destroy a person's DNA specimen and remove the person's
DNA sample and DNA records from the database described in Subsection (1)(d), if:
(a) the person provides the department with:
(i) a written request for destruction of the DNA specimen and removal of the DNA
sample and DNA records described in Subsection (6)(b); and
(ii) 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
(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).
[
(9)
] 
(10)
 The department
:
(a)
 is not required to destroy any item of physical evidence obtained from a DNA
specimen if evidence relating to another person subject to the provisions of Sections 
53-10-404
and 
53-10-405
 would as a result be destroyed[
.
]
; and
(b) may not destroy a person's DNA specimen or remove a person's DNA sample and
DNA records from the database described in Subsection (1)(d) if the person has a prior felony
conviction or a pending felony charge for which collection of a sample is authorized in
accordance with Section 
53-10-404
.
[
(10)
] 
(11)
 A DNA specimen, physical evidence, or criminal identification record may
not be affected by an order to set aside a conviction, except under the provisions of this section.
[
(11)
] 
(12)
 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)
] 
(13)
 (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.
(b) (i) A person who violates Subsection [
(12)
] 
(13)
(a)(i), (ii), or (iii) is guilty of a third
degree felony.
(ii) A person who violates Subsection [
(12)
] 
(13)
(a)(iv) is guilty of a class B
misdemeanor.