2006 Utah Code - 53-10-406 — DNA specimen analysis -- Bureau responsibilities.

     53-10-406.   DNA specimen analysis -- Bureau responsibilities.
     (1) The bureau shall:
     (a) store all DNA specimens received and other physical evidence obtained from analysis of those specimens;
     (b) analyze the specimens to establish the genetic profile of the donor or to otherwise determine the identity of persons or contract with other qualified public or private laboratories to conduct the analysis;
     (c) maintain a criminal identification data base containing information derived from DNA analysis;
     (d) utilize the specimens to create statistical population frequency data bases, provided that genetic profiles or other information in a population frequency data base may not be identified with specific individuals;
     (e) ensure that the DNA identification system does not provide information allowing prediction of genetic disease or predisposition to illness; and
     (f) make rules in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, establishing procedures for obtaining, transmitting, and analyzing DNA specimens and for storing and destroying DNA specimens and other physical evidence and criminal identification information obtained from the analysis.
     (2) Procedures for DNA analysis may include all techniques which the Department of Public Safety determines are accurate and reliable in establishing identity, including but not limited to, analysis of DNA, antigen antibodies, polymorphic enzymes, or polymorphic proteins.
     (3) (a) In accordance with Section 63-2-304, all DNA specimens received shall be classified 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 under this section, except under its provisions.
     (4) Notwithstanding the provisions of Subsection 63-2-202(1), the department may deny inspection if it determines that there is a reasonable likelihood that the inspection would prejudice a pending criminal investigation.
     (5) The department shall adopt procedures governing the inspection of records, DNA specimens, and challenges to the accuracy of records. The procedures shall accommodate the need to preserve the materials from contamination and destruction.
     (6) (a) Whenever a court reverses the conviction, judgment, or order that created an obligation to provide a DNA specimen, the person who provided the specimen may request destruction of the specimen and any criminal identification record created in connection with that specimen.
     (b) Upon receipt of a written request for destruction pursuant to this section and a certified copy of the court order reversing the conviction, judgment, or order, the Department of Public Safety shall destroy any specimen received from the person, any physical evidence obtained 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 a DNA specimen as a result of a separate conviction or juvenile adjudication for an offense listed in 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 Sections

53-10-404 and 53-10-405 would as a result be destroyed.
     (8) A DNA specimen, physical evidence, or criminal identification record may not be affected 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 under this part, the bureau shall store the collected specimens until funding is made available for analysis through state or federal funds.

Amended by Chapter 120, 2003 General Session