53-10-405 (Effective 01/01/11) - DNA specimen analysis -- Saliva sample to be obtained by agency -- Blood sample to be drawn by professional.
53-10-405 (Effective 01/01/11). DNA specimen analysis -- Saliva sample to beobtained by agency -- Blood sample to be drawn by professional.
(1) (a) A saliva sample shall be obtained by the responsible agency under Subsection53-10-404(5).
(b) The sample shall be obtained in a professionally acceptable manner, usingappropriate procedures to ensure the sample is adequate for DNA analysis.
(2) (a) A blood sample shall be drawn in a medically acceptable manner by a licensedprofessional nurse, a licensed practical nurse, a paramedic, a qualified medical technician, alicensed physician, or other person licensed by the state for this purpose.
(b) A person authorized by this section to draw a blood sample may not be held civillyliable for drawing a sample in a medically acceptable manner.
(3) A test result or opinion based upon a test result regarding a DNA specimen may notbe rendered inadmissible as evidence solely because of deviations from procedures adopted bythe department that do not affect the reliability of the opinion or test result.
(4) A DNA specimen is not required to be obtained if:
(a) the court or the responsible agency confirms with the department that the departmenthas previously received an adequate DNA specimen obtained from the person in accordance withthis section; or
(b) the court determines that obtaining a DNA specimen would create a substantial andunreasonable risk to the health of the person.
Amended by Chapter 405, 2010 General Session