53-10-403 (Effective 01/01/11) - DNA specimen analysis -- Application to offenders, including minors.
53-10-403 (Effective 01/01/11). DNA specimen analysis -- Application to offenders,including minors.
(1) Sections 53-10-404, 53-10-404.5, 53-10-405, and 53-10-406 apply to any personwho:
(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 Statesgovernment of an offense which if committed in this state would be punishable as one or more ofthe offenses listed in Subsection (2)(a) or (b) on or after July 1, 2003;
(c) has been booked on or after January 1, 2011, for any offense under Subsection (2)(c);or
(d) 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 offenseunder Section 76-3-402; or
(ii) regarding which the court allows the defendant to enter a plea in abeyance as definedin Section 77-2a-1; or
(c) any violent felony.
(3) A minor under Subsection (1) is a minor 14 years of age or older whom a Utah courthas adjudicated to be within the jurisdiction of the juvenile court due to the commission of anyoffense described in Subsection (2), and who is:
(a) within the jurisdiction of the juvenile court on or after July 1, 2002 for an offenseunder 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).
Amended by Chapter 405, 2010 General Session