2006 Utah Code - 78-3a-904 — When photographs, fingerprints, or HIV infection tests may be taken -- Distribution -- Expungement.

     78-3a-904.   When photographs, fingerprints, or HIV infection tests may be taken -- Distribution -- Expungement.
     (1) Photographs may be taken of a minor 14 years of age or older who:
     (a) is taken into custody for the alleged commission of an offense under Sections 78-3a-104, 78-3a-601, and 78-3a-602 that would also be an offense if the minor were 18 years of age or older; or
     (b) has been determined to be a serious habitual offender for tracking under Section 63-92-2 and is under the continuing jurisdiction of the Juvenile Court or the Division of Juvenile Justice Services.
     (2) (a) Fingerprints may be taken of a minor 14 years of age or older who:
     (i) is taken into custody for the alleged commission of an offense that would be a felony if the minor were 18 years of age or older;
     (ii) has been determined to be a serious habitual offender for tracking under Section 63-92-2 and is under the continuing jurisdiction of the Juvenile Court or the Division of Juvenile Justice Services; or
     (iii) is required to provide a DNA specimen under Section 53-10-403.
     (b) Fingerprints shall be forwarded to the Bureau of Criminal Identification and may be stored by electronic medium.
     (3) HIV testing may be conducted on a minor who is taken into custody after having been adjudicated to have violated state law prohibiting a sexual offense under Title 76, Chapter 5, Part 4, Sexual Offenses, upon the request of the victim or the parent or guardian of a child victim.
     (4) HIV tests, photographs, and fingerprints may not be taken of a child younger than 14 years of age without the consent of the court.
     (5) (a) Photographs may be distributed or disbursed to individuals or agencies other than state or local law enforcement agencies only when a minor 14 years of age or older is charged with an offense which would be a felony if committed by an adult.
     (b) Fingerprints may be distributed or disbursed to individuals or agencies other than state or local law enforcement agencies.
     (6) When a minor's juvenile record is expunged, all photographs and other records as ordered shall upon court order be destroyed by the law enforcement agency. Fingerprint records may not be destroyed.

Amended by Chapter 281, 2006 General Session