Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 247 Third Substitute (2020GS)

Sponsor

Sen. Anderegg, J.

Final action

Governor Signed 3/30/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• allows the Bureau of Forensic Services to authorize DNA testing and analysis at locations other than the state lab; and
• provides standards for the use of Rapid DNA testing.

Every vote on this bill

Bill text

DNA PROCESSING AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jacob L. Anderegg
House Sponsor: 
Eric K. Hutchings
LONG TITLE
General Description:
This bill provides that the attorney general may assist a local law enforcement agency
with an investigation and sets standards for the use of Rapid DNA testing.
Highlighted Provisions:
This bill:
▸ allows the Bureau of Forensic Services to authorize DNA testing and analysis at
locations other than the state lab; and
▸ provides standards for the use of Rapid DNA testing.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53-10-403
, as last amended by Laws of Utah 2017, Chapter 289
53-10-403.5
, as last amended by Laws of Utah 2010, Chapter 405
ENACTS:
53-10-403.6
, Utah Code Annotated 1953
67-5-1.2
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53-10-403
 is amended to read:
53-10-403.
DNA specimen analysis -- Application to offenders, including minors.
(1) Sections 
53-10-403.6,
53-10-404
, 
53-10-404.5
, 
53-10-405
, and 
53-10-406
 apply to
any person who:
(a) has pled guilty to or has been convicted of any of the offenses under Subsection
(2)(a) or (b) on or after July 1, 2002;
(b) has pled guilty to or has been convicted by any other state or by the United States
government of an offense which if committed in this state would be punishable as one or more
of the offenses listed in Subsection (2)(a) or (b) on or after July 1, 2003;
(c) has been booked on or after January 1, 2011, through December 31, 2014, for any
offense under Subsection (2)(c);
(d) has been booked:
(i) by a law enforcement agency that is obtaining a DNA specimen on or after May 13,
2014, through December 31, 2014, under Subsection 
53-10-404
(4)(b) for any felony offense; or
(ii) on or after January 1, 2015, for any felony offense; or
(e) is a minor under Subsection (3).
(2) Offenses referred to in Subsection (1) are:
(a) any felony or class A misdemeanor under the Utah Code;
(b) any offense under Subsection (2)(a):
(i) for which the court enters a judgment for conviction to a lower degree of offense
under Section 
76-3-402
; or
(ii) regarding which the court allows the defendant to enter a plea in abeyance as
defined in Section 
77-2a-1
; or
(c) (i) any violent felony as defined in Section 
53-10-403.5
;
(ii) sale or use of body parts, Section 
26-28-116
;
(iii) failure to stop at an accident that resulted in death, Section 
41-6a-401.5
;
(iv) driving with any amount of a controlled substance in a person's body and causing
serious bodily injury or death, Subsection 
58-37-8
(2)(g);
(v) a felony violation of enticing a minor over the Internet, Section 
76-4-401
;
(vi) a felony violation of propelling a substance or object at a correctional officer, a
peace officer, or an employee or a volunteer, including health care providers, Section
76-5-102.6
;
(vii) aggravated human trafficking and aggravated human smuggling, Section
76-5-310
;
(viii) a felony violation of unlawful sexual activity with a minor, Section 
76-5-401
;
(ix) a felony violation of sexual abuse of a minor, Section 
76-5-401.1
;
(x) unlawful sexual contact with a 16 or 17-year old, Section 
76-5-401.2
;
(xi) sale of a child, Section 
76-7-203
;
(xii) aggravated escape, Subsection 
76-8-309
(2);
(xiii) a felony violation of assault on an elected official, Section 
76-8-315
;
(xiv) influencing, impeding, or retaliating against a judge or member of the Board of
Pardons and Parole, Section 
76-8-316
;
(xv) advocating criminal syndicalism or sabotage, Section 
76-8-902
;
(xvi) assembly for advocating criminal syndicalism or sabotage, Section 
76-8-903
;
(xvii) a felony violation of sexual battery, Section 
76-9-702.1
;
(xviii) a felony violation of lewdness involving a child, Section 
76-9-702.5
;
(xix) a felony violation of abuse or desecration of a dead human body, Section
76-9-704
;
(xx) manufacture, possession, sale, or use of a weapon of mass destruction, Section
76-10-402
;
(xxi) manufacture, possession, sale, or use of a hoax weapon of mass destruction,
Section 
76-10-403
;
(xxii) possession of a concealed firearm in the commission of a violent felony,
Subsection 
76-10-504
(4);
(xxiii) assault with the intent to commit bus hijacking with a dangerous weapon,
Subsection 
76-10-1504
(3);
(xxiv) commercial obstruction, Subsection 
76-10-2402
(2);
(xxv) a felony violation of failure to register as a sex or kidnap offender, Section
77-41-107
;
(xxvi) repeat violation of a protective order, Subsection 
77-36-1.1
(2)(c); or
(xxvii) violation of condition for release after arrest under Section 
77-20-3.5
 .
(3) A minor under Subsection (1) is a minor 14 years of age or older whom a Utah
court has adjudicated to be within the jurisdiction of the juvenile court due to the commission
of any offense described in Subsection (2), and who is:
(a) within the jurisdiction of the juvenile court on or after July 1, 2002
,
 for an offense
under Subsection (2); or
(b) in the legal custody of the Division of Juvenile Justice Services on or after July 1,
2002
,
 for an offense under Subsection (2).
Section 2. Section 
53-10-403.5
 is amended to read:
53-10-403.5.
Definitions.
As used in Sections 
53-10-403
, 
53-10-404
, 
53-10-404.5
, 
53-10-405
, and 
53-10-406
:
(1) "Bureau" means the Bureau of Forensic Services.
(2) "Combined DNA Index System" or "CODIS" means the program operated by the
Federal Bureau of Investigation to support criminal justice DNA databases and the software
used to run the databases.
[
(2)
] 
(3)
 "Conviction" means:
(a) a verdict or conviction;
(b) a plea of guilty or guilty and mentally ill;
(c) a plea of no contest; or
(d) the acceptance by the court of a plea in abeyance.
[
(3)
] 
(4)
 "DNA" means deoxyribonucleic acid.
[
(4)
] 
(5)
 "DNA specimen" or "specimen" means a 
biological
 sample of a person's
saliva or blood
, a biological sample from a crime scene, or a sample collected as part of an
investigation
.
[
(5)
] 
(6)
 "Final judgment" means a judgment, including any supporting opinion,
concerning which all appellate remedies have been exhausted or the time for appeal has
expired.
(7) "Rapid DNA" means the fully automated process of developing a DNA profile.
[
(6)
] 
(8)
 "Violent felony" means any offense under Section 
76-3-203.5
.
Section 3. Section 
53-10-403.6
 is enacted to read:
 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:
(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.
Section 4. Section 
67-5-1.2
 is enacted to read:
 67-5-1.2.
Local investigation assistance.
The attorney general may:
(1) assist or intervene in a local investigation only if:
(a) the local law enforcement agency requests assistance; or
(b) the county or district attorney requests assistance; and
(2) provide Rapid DNA assistance for a local investigation in accordance with Section
53-10-403.6
 upon request of and as authorized by, both the investigating agency and the county
or district attorney.