Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 19 First Substitute (2022GS)

Sponsor

Rep. Eliason, S.

Final action

Governor Signed 3/22/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

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 specimens 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: 
Don L. Ipson
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 specimens 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 record 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
] 
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.
(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
] 
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.
(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; [
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[
.
]
; 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.
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 received and other physical evidence obtained from
analysis of those specimens;
]
(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 [
specimens
] 
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
] 
database
 containing information
derived from DNA analysis;
[
(e) utilize the 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)
] 
(e)
 ensure that the DNA identification system does not provide information
allowing prediction of genetic disease or predisposition to illness;
[
(g)
] 
(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;
[
(h)
] 
(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;
[
(i)
] 
(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
[
(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
]
associated records,
 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 and associated record is
 classified as protected.
(b) The [
Department of Public Safety
] 
department
 may not transfer or disclose any
DNA specimen, [
physical evidence
] 
associated record
, 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) 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 [
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
, 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:
[
(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 with prejudice or acquittal; or
(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[
; 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).
]
(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
]
(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 [
pursuant to
] 
described in
 Subsection (6)
(a),
 and
[
receipt of
] 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).
]
; or
(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
(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) The department [
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.
] 
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, [
physical evidence
] 
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.
(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.