Utah

Recent / Pending Legislation

• SB 0156 (2023, passed) – Set rules on how law enforcement must interact with consumer genetic companies. It restricts surrogate or third-party DNA collection, limits arrests based on solely on genetic database matches, and mandates annual public reporting on state’s use of FGG.
• SB 0218 (2024, died) – Requires explicit consent in FGG for 23andme and others before disclosing to law enforcement.

Arrestees: Yes, from adults and minors age 14 and older. Not Booking Station Rapid Ready, probable cause/charges required.

Qualifying Crimes: Any felony arrest; registrants on the sex, kidnap, and child abuse offender registries are also covered (§ 53-10-404(2)(a)).

Time of Collection: At booking — but the sample may not be processed until after a probable cause hearing or an indictment.

Expungement: Where all charges are dismissed or the person is acquitted, the person may file a motion for a court order requiring destruction of the sample and associated records, which the Department of Public Safety then carries out. Where no criminal charges are filed within 90 days after booking for the alleged offense, the bureau must destroy the DNA specimen.

Statutes / Case Law

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

Convicted Offenders: Yes – adults and minors age 14 and older

Qualifying Crimes: Felonies and Class A misdemeanors — including where the court enters judgment for conviction at a lower degree of offense or allows a plea in abeyance. Registered sex offenders must also provide samples, and a person who commits a qualifying offense in another state or against the federal government must submit a sample in Utah as well. Section 53-10-403 & Section 53-10-404

Time of Collection: “As soon as possible” after conviction, or after a finding of jurisdiction by the juvenile court.

Expungement: The person may file a motion asking the court to order destruction of the sample and record where a final judgment reverses the conviction, judgment, or order that created the obligation to provide the sample; the Department of Public Safety then destroys them.

Statutes / Case Law

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

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).

Legislative History

2002 General Session H.B. 154 (1st Sub.) — Expansion of DNA Database Created the modern conviction-based collection mandate (eff. July 1, 2002) covering any felony or Class A misdemeanor.

2003 General Session H.B. 107 — DNA Amendments. Added the out-of-state and federal conviction trigger (eff. July 1, 2003).

2006 General Session H.B. 212 — DNA Database Amendments. Amended collection scope and procedures.

2010 General Session S.B. 277 — DNA Modifications

2013 General Session H.B. 170 — Deoxyribonucleic Acid Collection and Retention Amendments/ Added DNA collection at booking for violent felonies (the Jan. 1, 2011 date embedded in current text).

2014 General Session H.B. 212 — DNA Collection Amendments Expanded booking-based collection to all felony offenses (eff. May 13, 2014 / Jan. 1, 2015).

2020 General Session S.B. 247 — DNA Processing Amendments The only 2015–2026 bill with “DNA” in its title, indicating direct programmatic changes rather than incidental offense-list additions.

• No program or law identified.
• Local database operated by Utah Attorney General’s Office, outside of crime laboratory and CODIS or State Database searches.
• 2018 video from AG office using Rapid DNA for evidence collection
• 2018 AG article – https://attorneygeneral.utah.gov/rapid-dna/

• No program identified, but recent legislation establishing FGG framework.
  • SB 0156 (2023, passed) – Set rules on how law enforcement must interact with consumer genetic companies. It restricts surrogate or third-party DNA collection, limits arrests based on solely on genetic database matches, and mandates annual public reporting on state’s use of FGG.
• Utah Genetic Information Privacy Act – Need consent or valid legal process in order to law enforcement to use DNA

No program or law identified.

No program or law identified.