2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 6 - Juvenile Justice › Part 6 - Delinquency Proceedings › Section 608 - When photographs, fingerprints, or HIV infection tests may be taken -- Distribution -- DNA collection -- Reimbursement.

Effective 5/3/2023
80-6-608.
When photographs, fingerprints, or HIV infection tests may be taken -- Distribution -- DNA collection -- Reimbursement.
(1) The division shall take a photograph and fingerprints of a minor who is:
(a) 14 years old or older at the time of the alleged commission of an offense that would be a felony if the minor were 18 years old or older; and
(b) admitted to a detention facility for the alleged commission of the offense.
(2) The juvenile court shall order a minor who is 14 years old or older at the time that the minor is alleged to have committed an offense described in Subsection (2)(a) or (b) to have the minor's fingerprints taken at a detention facility or a local law enforcement agency if the minor is:
(a) adjudicated for an offense that would be a class A misdemeanor if the minor were 18 years old or older; or
(b) adjudicated for an offense that would be a felony if the minor were 18 years old or older and the minor was not admitted to a detention facility.
(3) The juvenile court shall take a photograph of a minor who is:
(a) 14 years old or older at the time the minor was alleged to have committed an offense that would be a felony or a class A misdemeanor if the minor were 18 years old or older; and
(b) adjudicated for the offense described in Subsection (3)(a).
(4) If a minor's fingerprints are taken under this section, the minor's fingerprints shall be forwarded to the Bureau of Criminal Identification and may be stored by electronic medium.
(5) HIV testing shall be conducted on a minor who is taken into custody after having been adjudicated for a sexual offense under Title 76, Chapter 5, Part 4, Sexual Offenses, upon the request of:
(a) the victim;
(b) the parent or guardian of a victim who is younger than 14 years old; or
(c) the guardian of the alleged victim if the victim is a vulnerable adult as defined in Section 26B-6-201.
(6) HIV testing shall be conducted on a minor against whom a petition has been filed or a pickup order has been issued for the commission of any offense under Title 76, Chapter 5, Part 4, Sexual Offenses:
(a) upon the request of:
(i) the victim;
(ii) the parent or guardian of a victim who is younger than 14 years old; or
(iii) the guardian of the alleged victim if the victim is a vulnerable adult as defined in Section 26B-6-201; and
(b) in which:
(i) the juvenile court has signed an accompanying arrest warrant, pickup order, or any other order based upon probable cause regarding the alleged offense; and
(ii) the juvenile court has found probable cause to believe that the alleged victim has been exposed to HIV infection as a result of the alleged offense.
(7) HIV tests, photographs, and fingerprints may not be taken of a child who is younger than 14 years old without the consent of the juvenile court.
(8)
(a) Photographs taken under this section may be distributed or disbursed to:
(i) state and local law enforcement agencies;
(ii) the judiciary; and
(iii) the division.
(b) Fingerprints may be distributed or disbursed to:
(i) state and local law enforcement agencies;
(ii) the judiciary;
(iii) the division; and
(iv) agencies participating in the Western Identification Network.
(9)
(a) A DNA specimen shall be obtained from a minor who is under the jurisdiction of the juvenile court as described in Subsection 53-10-403(3).
(b) The DNA specimen shall be obtained, in accordance with Subsection 53-10-404(4), by:
(i) designated employees of the juvenile court; or
(ii) if the minor is committed to the division, designated employees of the division.
(c) The responsible agency under Subsection (9)(b) shall ensure that an employee designated to collect the saliva DNA specimens receives appropriate training and that the specimens are obtained in accordance with accepted protocol.
(d) Reimbursements paid under Subsection 53-10-404(2)(a) shall be placed in the DNA Specimen Restricted Account created in Section 53-10-407.
(e) Payment of the reimbursement is second in priority to payments the minor is ordered to make for restitution under Section 80-6-710 and for treatment ordered under Section 80-3-403.
Amended by Chapter 330, 2023 General Session