Lawfully Owed DNA
Utah
Last Updated: April 2023
| Arrest | Answer |
Does the law require a DNA sample to be collected from an individual when they are arrested for a crime? |
Yes, from adults and minors age 14 and older. |
What crimes require collection of a DNA sample at arrest? |
Any felony, and registered sex offenders. |
Does the law mandate when the DNA sample must be collected after arrest? |
At the time of booking, but the sample may not be processed until after a probable cause hearing or indictment. |
What agency collects the arrest DNA sample? |
The sheriff |
What agency manages the analysis and preservation in the DNA database? |
Department of Public Safety, Bureau of Forensic Services |
Can the arrest DNA sample be expunged? |
If all charges are dismissed or the individual is acquitted, the person may file a motion for a court order requiring destruction of the sample and associated records. The Department of Public Safety will then destroy the sample and records. If criminal charges have not been filed within 90 days after booking for an alleged offense the bureau is to destroy the DNA specimen obtained. |
Statutes |
U.C.A. § 53–10–403, DNA SPECIMEN ANALYSIS—APPLICATION TO OFFENDERS, INCLUDING MINORS §53–10–404, DNA SPECIMEN ANALYSIS—REQUIREMENT TO OBTAIN THE SPECIMEN § 53–10–404.5, OBTAINING DNA SPECIMEN AT TIME OF BOOKING—PAYMENT OF FEE UPON CONVICTION § 53–10–406, DNA SPECIMEN ANALYSIS—BUREAU RESPONSIBILITIES |
| Conviction | Answer |
Does the law require a DNA sample to be collected from the defendant when they are convicted of a crime? |
Yes – adults and minors age 14 and older |
What convictions require collection of a DNA sample? |
Felonies or Class A misdemeanors, including situations where the court enters a judgment for conviction to a lower degree of offense or allows the defendant to enter a plea in abeyance Registered sex offenders must also provide samples A person who commits a qualifying offense in another state or against the federal government will be required to submit a sample in Utah as well Section 53-10-403 & Section 53-10-404 |
Does the law require DNA collection when a defendant is found not guilty by reason of insanity/mental defect/illness? |
Yes. “Conviction” includes “a plea of guilty or guilty and mentally ill.” |
Does the law mandate when the DNA sample must be collected after conviction? |
“As soon as possible” after a conviction or a finding of jurisdiction by the juvenile court |
What agency collects the DNA sample after conviction? |
Department of Corrections, juvenile court, or sheriff’s office, as applicable |
What agency manages the analysis and preservation in the DNA database? |
Department of Public Safety, Bureau of Forensic Services |
Can the conviction DNA sample be expunged? |
An individual may file a motion to the court seeking an order for destruction of the sample/record if a final judgment reverses the conviction, judgment, or order that created an obligation to provide the DNA sample. The Department of Public Safety will then destroy the sample/record. |
Statutes |
U.C.A. 1953 § 53–10–403. DNA Specimen Analysis—Application to Offenders, Including Minors; U.C.A. 1953 § 53–10–404. DNA Specimen Analysis—Requirement to Obtain the Specimen; U.C.A. 1953 § 53–10–404.5. Obtaining DNA Specimen at Time of Booking—Payment of Fee upon Conviction U.C.A. 1953 § 53–10–406. DNA Specimen Analysis—Bureau Responsibilities Case Law State v. Evans, 449 P.3d 958 (Aug. 22, 2019) (force used by investigators to obtain DNA from suspect by swabbing his cheek while carrying out validly issued search warrant during investigation of suspect for murder did not violate suspect's Fourth Amendment right; mere possibility that defendant’s DNA may have already been collected and maintained by Bureau of Forensics insufficient to counter state’s stated need to collect DNA). |