Utah 2025 Regular Session

Utah Senate Bill SB0140 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Enrolled Copy S.B. 140
	1	+	02-23 21:28 3rd Sub. (Ivory) S.B. 140
	2	+	Jordan D. Teuscher proposes the following substitute bill:
2	3		1
3	4		Law Enforcement DNA Amendments
4	5		2025 GENERAL SESSION
5	6		STATE OF UTAH
6	7		Chief Sponsor: Jen Plumb
7	8		House Sponsor: Steve Eliason
8	9		2
9	10
10	11		3
11	12		LONG TITLE
12	13		4
13	14		General Description:
14	15		5
15	16		This bill addresses the collection and analysis of DNA by law enforcement.
16	17		6
17	18		Highlighted Provisions:
18	19		7
19	20		This bill:
20	21		8
21	22		▸ amends when a DNA specimen for an individual taken at the time of booking may be
22	23		9
23	24		processed to include, among other circumstances, to allow the processing of the
24	25		10
25	26		individual's DNA 60 days after the day on which any warrant of arrest has been issued
26	27		11
27	28		for the individual if the warrant is still outstanding;
28	29		12
29	30		▸ clarifies the level of offense that must be charged or convicted before an individual who
30	31		13
31	32		had the individual's DNA specimen taken may be assessed a fee;
32	33		14
33	34		▸ requires a prosecutor to notify an individual charged with an offense requiring collection
34	35		15
35	36		of the individual's DNA of the individual's rights regarding the destruction of the
36	37		16
37	38		individual's DNA specimen in certain circumstances; and
38	39		17
39	40		▸ makes technical and conforming changes.
40	41		18
41	42		Money Appropriated in this Bill:
42	43		19
43	44		None
44	45		20
45	46		Other Special Clauses:
46	47		21
47	48		None
48	49		22
49	50		Utah Code Sections Affected:
50	51		23
51	52		AMENDS:
52	53		24
53	54		53-10-404.5, as last amended by Laws of Utah 2022, Chapter 113
54	55		25
55	56		53-10-406, as last amended by Laws of Utah 2024, Chapter 256
56	57		26
57	58
58	59		27
59		-	Be it enacted by the Legislature of the state of Utah: ~~S.B. 140 Enrolled Copy~~
	60	+	Be it enacted by the Legislature of the state of Utah:
60	61		28
61	62		Section 1. Section 53-10-404.5 is amended to read:
	63	+	3rd Sub. S.B. 140 3rd Sub. (Ivory) S.B. 140 02-23 21:28
62	64		29
63	65		53-10-404.5 . Obtaining DNA specimen at time of booking -- Payment of fee upon
64	66		30
65	67		conviction.
66	68		31
67	69		(1)(a) When a sheriff books a person for any offense under Subsections 53-10-403(1)(c)
68	70		32
69	71		and (d), the sheriff shall:
70	72		33
71	73		(i) except as provided in Subsection (1)(b), obtain a DNA specimen from the person
72	74		34
73	75		upon booking of the person at the county jail; and
74	76		35
75	77		(ii) provide the person, in a manner the bureau specifies, notice of the process
76	78		36
77	79		described in Subsection 53-10-406(6)(b) to request destruction of the DNA
78	80		37
79	81		specimen and removal of the person's DNA record from the database described in
80	82		38
81	83		Subsection 53-10-406(1)(d).
82	84		39
83	85		(b) If at the time of booking the sheriff is able to obtain information from the bureau
84	86		40
85	87		stating that the bureau has received a DNA specimen for the person and the sample
86	88		41
87	89		analysis is either in process or complete, the sheriff is not required to obtain an
88	90		42
89	91		additional DNA specimen.
90	92		43
91	93		(c) If at the time of booking the sheriff is able to obtain information from the bureau
92	94		44
93	95		stating that the bureau has received a DNA specimen for the person and the sample
94	96		45
95	97		analysis is pending, the sheriff may obtain an additional DNA specimen.
96	98		46
97	99		(2) The person booked under Subsection (1) shall pay a fee of $150 for the cost of obtaining
98	100		47
99	101		the DNA specimen if:
100	102		48
101	103		(a)(i) the charge upon which the booking is based is resolved by a conviction of a
102	104		49
103	105		class A misdemeanor or felony level offense; or
104	106		50
105	107		(ii) [ ]the person is convicted of any [charge] class A misdemeanor or felony level
106	108		51
107	109		offense arising out of the same criminal episode regarding which the DNA
108	110		52
109	111		specimen was obtained; and
110	112		53
111	113		(b) the person's DNA sample is not on file under Subsection (1)(b).
112	114		54
113	115		(3)(a) All fees collected under Subsection (2) shall be deposited into the DNA Specimen
114	116		55
115	117		Restricted Account created in Section 53-10-407, except that the agency collecting
116	118		56
117	119		the fee may retain not more than $25 per individual specimen for the costs of
118	120		57
119	121		obtaining the DNA specimen.
120	122		58
121	123		(b) The agency collecting the $150 fee may not retain from each separate fee more than
122	124		59
123	125		$25, and no amount of the $150 fee may be credited to any other fee or agency
124	126		60
125	127		obligation.
126	128		61
127	129		(4) Any DNA specimen obtained under this section shall be held and may not be processed
128		-	- 2 - Enrolled Copy S.B. 140
129	130		62
130	131		until:
	132	+	- 2 - 02-23 21:28 3rd Sub. (Ivory) S.B. 140
131	133		63
132	134		(a) the court has bound the person over for trial for a felony level offense following a
133	135		64
134	136		preliminary hearing for any charge arising out of the same criminal episode regarding
135	137		65
136	138		which the person was booked;
137	139		66
138	140		(b) the person has waived the preliminary hearing for any charge for a felony level
139	141		67
140	142		offense arising out of the same criminal episode regarding which the person was
141	143		68
142	144		booked;
143	145		69
144	146		(c) a grand jury has returned an indictment for any charge for a felony level offense
145	147		70
146	148		arising out of the same criminal episode regarding which the person was booked; or
147	149		71
148	150		(d) for a DNA specimen obtained before, on, or after May 7, 2025, sixty days has passed
149	151		72
150	152		after [the issuance of an arrest warrant for failure to appear, provided ] the day on
151	153		73
152	154		which any warrant of arrest has been issued for the person if the warrant of arrest is
153	155		74
154	156		still outstanding[ or has not been recalled].
155	157		75
156	158		Section 2. Section 53-10-406 is amended to read:
157	159		76
158	160		53-10-406 . DNA specimen analysis -- Bureau responsibilities.
159	161		77
160	162		(1) The bureau shall:
161	163		78
162	164		(a) administer and oversee the DNA specimen collection process;
163	165		79
164	166		(b) store each DNA specimen and associated records received;
165	167		80
166	168		(c) analyze each specimen, or contract with a qualified public or private laboratory to
167	169		81
168	170		analyze the specimen, to establish the genetic profile of the donor or to otherwise
169	171		82
170	172		determine the identity of the person;
171	173		83
172	174		(d) maintain a criminal identification database containing information derived from
173	175		84
174	176		DNA analysis;
175	177		85
176	178		(e) ensure that the DNA identification system does not provide information allowing
177	179		86
178	180		prediction of genetic disease or predisposition to illness;
179	181		87
180	182		(f) ensure that only DNA markers routinely used or accepted in the field of forensic
181	183		88
182	184		science are used to establish the gender and unique individual identification of the
183	185		89
184	186		donor;
185	187		90
186	188		(g) utilize only those DNA analysis procedures that are consistent with, and do not
187	189		91
188	190		exceed, procedures established and used by the Federal Bureau of Investigation for
189	191		92
190	192		the forensic analysis of DNA;
191	193		93
192	194		(h) destroy a DNA specimen obtained under this part if criminal charges have not been
193	195		94
194	196		filed within 90 days after booking for an alleged offense under Subsection 53-10-403
195	197		95
196	198		(2)(c); and
197		-	- 3 - S.B. 140 Enrolled Copy
198	199		96
199	200		(i) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
	201	+	- 3 - 3rd Sub. (Ivory) S.B. 140 02-23 21:28
200	202		97
201	203		Rulemaking Act, establishing procedures for obtaining, transmitting, and analyzing
202	204		98
203	205		DNA specimens and for storing and destroying DNA specimens and associated
204	206		99
205	207		records, and criminal identification information obtained from the analysis.
206	208		100
207	209		(2) Procedures for DNA analysis may include all techniques which the department
208	210		101
209	211		determines are accurate and reliable in establishing identity.
210	212		102
211	213		(3)(a) In accordance with Section 63G-2-305, each DNA specimen and associated
212	214		103
213	215		record is classified as protected.
214	216		104
215	217		(b) The department may not transfer or disclose any DNA specimen, associated record,
216	218		105
217	219		or criminal identification information obtained, stored, or maintained under this
218	220		106
219	221		section, except under the provisions of this section.
220	222		107
221	223		(4) Notwithstanding Subsection 63G-2-202(1), the department may deny inspection if the
222	224		108
223	225		department determines that there is a reasonable likelihood that the inspection would
224	226		109
225	227		prejudice a pending criminal investigation.
226	228		110
227	229		(5) The department shall adopt procedures governing the inspection of records, DNA
228	230		111
229	231		specimens, and challenges to the accuracy of records. The procedures shall
230	232		112
231	233		accommodate the need to preserve the materials from contamination and destruction.
232	234		113
233	235		(6) A person whose DNA specimen is obtained under this part may, personally or through a
234	236		114
235	237		legal representative, submit:
236	238		115
237	239		(a) to the court a motion for a court order requiring the destruction of the person's DNA
238	240		116
239	241		specimen, associated record, and any criminal identification record created in
240	242		117
241	243		connection with that specimen, and removal of the person's DNA record from the
242	244		118
243	245		database described in Subsection (1)(d) if:
244	246		119
245	247		(i) a final judgment reverses the conviction, judgment, or order that created an
246	248		120
247	249		obligation to provide a DNA specimen; or
248	250		121
249	251		(ii) all charges arising from the same criminal episode for which the DNA specimen
250	252		122
251	253		was obtained under Subsection 53-10-404.5(1)(a) have been resolved by a final
252	254		123
253	255		judgment of dismissal with prejudice or acquittal; or
254	256		124
255	257		(b) to the department a request for the destruction of the person's DNA specimen, and
256	258		125
257	259		associated record, and removal of the person's DNA record from the database
258	260		126
259	261		described in Subsection (1)(d) if:
260	262		127
261	263		(i) no charge arising from the same criminal episode for which the DNA specimen
262	264		128
263	265		was obtained under Subsection 53-10-404.5(1)(a) is filed against the person
264	266		129
265	267		within one year after the day on which the person is booked; or
266		-	- 4 - Enrolled Copy S.B. 140
267	268		130
268	269		(ii) all charges arising from the same criminal episode for which the DNA specimen
	270	+	- 4 - 02-23 21:28 3rd Sub. (Ivory) S.B. 140
269	271		131
270	272		was obtained under Subsection 53-10-404.5(1)(a) have been resolved by a final
271	273		132
272	274		judgment of dismissal with prejudice or acquittal.
273	275		133
274	276		(7) If charges have been filed against a person whose DNA specimen is obtained under this
275	277		134
276	278		part and the charges have later been resolved by a final judgment of dismissal with
277	279		135
278	280		prejudice or acquittal, or a final judgment is issued reversing a conviction, judgment, or
279	281		136
280	282		other order arising from the charges that created an obligation to provide a DNA
281	283		137
282	284		specimen, the prosecutor who filed the charges against the person shall notify the person
283	285		138
284	286		of the process described in Subsection (6) to request destruction of the DNA specimen
285	287		139
286	288		and removal of the person's DNA record from the database described in Subsection
287	289		140
288	290		(1)(d).
289	291		141
290	292		[(7)] (8) A court order issued under Subsection (6)(a) may be accompanied by a written
291	293		142
292	294		notice to the person advising that state law provides for expungement of criminal
293	295		143
294	296		charges if the charge is resolved by a final judgment of dismissal or acquittal.
295	297		144
296	298		[(8)] (9) The department shall destroy the person's DNA specimen, and associated record,
297	299		145
298	300		and remove the person's DNA record from the database described in Subsection (1)(d),
299	301		146
300	302		if:
301	303		147
302	304		(a) the person provides the department with:
303	305		148
304	306		(i) a court order for destruction described in Subsection (6)(a), and a certified copy of:
305	307		149
306	308		(A) the court order reversing the conviction, judgment, or order;
307	309		150
308	310		(B) a court order to set aside the conviction; or
309	311		151
310	312		(C) the dismissal or acquittal of the charge regarding which the person was
311	313		152
312	314		arrested; or
313	315		153
314	316		(ii) a written request for destruction of the DNA specimen, and associated record, and
315	317		154
316	318		removal of the DNA record from the database described in Subsection (6)(b), and
317	319		155
318	320		a certified copy of:
319	321		156
320	322		(A) a declination to prosecute from the prosecutor; or
321	323		157
322	324		(B) a court document that indicates all charges have been resolved by a final
323	325		158
324	326		judgment of dismissal with prejudice or acquittal; and
325	327		159
326	328		(b) the department determines that the person is not obligated to submit a DNA
327	329		160
328	330		specimen as a result of a separate conviction or adjudication for an offense listed in
329	331		161
330	332		Subsection 53-10-403(2).
331	333		162
332	334		[(9)] (10) The department may not destroy a person's DNA specimen or remove a person's
333	335		163
334	336		DNA record from the database described in Subsection (1)(d) if the person has a prior
335		-	- 5 - S.B. 140 Enrolled Copy
336	337		164
337	338		conviction or a pending charge for which collection of a sample is authorized in
	339	+	- 5 - 3rd Sub. (Ivory) S.B. 140 02-23 21:28
338	340		165
339	341		accordance with Section 53-10-404.
340	342		166
341	343		[(10)] (11) A DNA specimen, associated record, or criminal identification record created in
342	344		167
343	345		connection with that specimen may not be affected by an order to set aside a conviction,
344	346		168
345	347		except under the provisions of this section.
346	348		169
347	349		[(11)] (12) If funding is not available for analysis of any of the DNA specimens collected
348	350		170
349	351		under this part, the bureau shall store the collected specimens until funding is made
350	352		171
351	353		available for analysis through state or federal funds.
352	354		172
353	355		[(12)] (13)(a)(i) A person who, due to the person's employment or authority, has
354	356		173
355	357		possession of or access to individually identifiable DNA information contained in
356	358		174
357	359		the state criminal identification database or the state DNA specimen repository
358	360		175
359	361		may not willfully disclose the information in any manner to any individual,
360	362		176
361	363		agency, or entity that is not entitled under this part to receive the information.
362	364		177
363	365		(ii) A person may not willfully obtain individually identifiable DNA information
364	366		178
365	367		from the state criminal identification database or the state DNA repository other
366	368		179
367	369		than as authorized by this part.
368	370		180
369	371		(iii) A person may not willfully analyze a DNA specimen for any purpose, or to
370	372		181
371	373		obtain any information other than as required under this part.
372	374		182
373	375		(iv) A person may not willfully fail to destroy or fail to ensure the destruction of a
374	376		183
375	377		DNA specimen when destruction is required by this part or by court order.
376	378		184
377	379		(b)(i) A person who violates Subsection [(12)(a)(i), ] (13)(a)(i), (ii), or (iii) is guilty
378	380		185
379	381		of a third degree felony.
380	382		186
381	383		(ii) A person who violates Subsection [(12)(a)(iv)] (13)(a)(iv) is guilty of a class B
382	384		187
383	385		misdemeanor.
384	386		188
385	387		Section 3. Effective Date.
386	388		189
387	389		This bill takes effect on May 7, 2025.
388	390		- 6 -