53-10-403 (Superseded 01/01/11) - DNA specimen analysis -- Application to offenders, including minors.
53-10-403 (Superseded 01/01/11). DNA specimen analysis -- Application tooffenders, including minors.
(1) Sections 53-10-404, 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)and who is on probation, parole, or incarcerated for any offense under Subsection (2) on or afterJuly 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), and who is on probation, parole, or incarcerated in this statefor the offense on or after July 1, 2003; or
(c) 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; or
(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.
(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 306, 2006 General Session