53-10-406 (Superseded 01/01/11) - DNA specimen analysis -- Bureau responsibilities.
53-10-406 (Superseded 01/01/11). DNA specimen analysis -- Bureauresponsibilities.
(1) The bureau shall:
(a) store all DNA specimens received and other physical evidence obtained from analysisof those specimens;
(b) analyze the specimens to establish the genetic profile of the donor or to otherwisedetermine the identity of persons or contract with other qualified public or private laboratories toconduct the analysis;
(c) maintain a criminal identification data base containing information derived fromDNA analysis;
(d) utilize the specimens to create statistical population frequency data bases, providedthat genetic profiles or other information in a population frequency data base may not beidentified with specific individuals;
(e) ensure that the DNA identification system does not provide information allowingprediction of genetic disease or predisposition to illness; and
(f) make rules in accordance with Title 63G, Chapter 3, Utah Administrative RulemakingAct, establishing procedures for obtaining, transmitting, and analyzing DNA specimens and forstoring and destroying DNA specimens and other physical evidence and criminal identificationinformation obtained from the analysis.
(2) Procedures for DNA analysis may include all techniques which the Department ofPublic Safety determines are accurate and reliable in establishing identity, including but notlimited 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 beclassified as protected.
(b) The Department of Public Safety may not transfer or disclose any DNA specimen,physical evidence, or criminal identification information obtained, stored, or maintained underthis section, except under its provisions.
(4) Notwithstanding the provisions of Subsection 63G-2-202(1), the department maydeny inspection if it determines that there is a reasonable likelihood that the inspection wouldprejudice a pending criminal investigation.
(5) The department shall adopt procedures governing the inspection of records, DNAspecimens, and challenges to the accuracy of records. The procedures shall accommodate theneed to preserve the materials from contamination and destruction.
(6) (a) Whenever a court reverses the conviction, judgment, or order that created anobligation to provide a DNA specimen, the person who provided the specimen may requestdestruction of the specimen and any criminal identification record created in connection with thatspecimen.
(b) Upon receipt of a written request for destruction pursuant to this section and acertified copy of the court order reversing the conviction, judgment, or order, the Department ofPublic Safety shall destroy any specimen received from the person, any physical evidenceobtained from that specimen, and any criminal identification records pertaining to the person,unless the department determines that the person has otherwise become obligated to submit aDNA specimen as a result of a separate conviction or juvenile adjudication for an offense listedin Section 53-10-403.
(7) 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 Sections53-10-404 and 53-10-405 would as a result be destroyed.
(8) A DNA specimen, physical evidence, or criminal identification record may not beaffected by an order to set aside a conviction, except under the provisions of this section.
(9) If funding is not available for analysis of any of the DNA specimens collected underthis part, the bureau shall store the collected specimens until funding is made available foranalysis through state or federal funds.
Amended by Chapter 382, 2008 General Session