78A-6-1104 - When photographs, fingerprints, or HIV infection tests may be taken -- Distribution -- Expungement. - Utah Statutes

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78A-6-1104. 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 Sections78A-6-103, 78A-6-701, and 78A-6-702 that would also be an offense if the minor were 18 yearsof age or older; or
(b) has been determined to be a serious habitual offender for tracking under Section63M-10-201 and is under the continuing jurisdiction of the Juvenile Court or the Division ofJuvenile 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 felonyif the minor were 18 years of age or older;
(ii) has been determined to be a serious habitual offender for tracking under Section63M-10-201 and is under the continuing jurisdiction of the Juvenile Court or the Division ofJuvenile 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 bestored by electronic medium.
(3) HIV testing may be conducted on a minor who is taken into custody after having beenadjudicated to have violated state law prohibiting a sexual offense under Title 76, Chapter 5, Part4, 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 14years of age without the consent of the court.
(5) (a) Photographs may be distributed or disbursed to individuals or agencies other thanstate or local law enforcement agencies only when a minor 14 years of age or older is chargedwith an offense which would be a felony if committed by an adult.
(b) Fingerprints may be distributed or disbursed to individuals or agencies other thanstate or local law enforcement agencies.
(6) When a minor's juvenile record is expunged, all photographs and other records asordered shall upon court order be destroyed by the law enforcement agency. Fingerprint recordsmay not be destroyed.

Renumbered and Amended by Chapter 3, 2008 General Session

State Codes and Statutes

Statutes > Utah > Title-78a > Chapter-06 > 78a-6-1104

78A-6-1104. 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 Sections78A-6-103, 78A-6-701, and 78A-6-702 that would also be an offense if the minor were 18 yearsof age or older; or
(b) has been determined to be a serious habitual offender for tracking under Section63M-10-201 and is under the continuing jurisdiction of the Juvenile Court or the Division ofJuvenile 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 felonyif the minor were 18 years of age or older;
(ii) has been determined to be a serious habitual offender for tracking under Section63M-10-201 and is under the continuing jurisdiction of the Juvenile Court or the Division ofJuvenile 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 bestored by electronic medium.
(3) HIV testing may be conducted on a minor who is taken into custody after having beenadjudicated to have violated state law prohibiting a sexual offense under Title 76, Chapter 5, Part4, 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 14years of age without the consent of the court.
(5) (a) Photographs may be distributed or disbursed to individuals or agencies other thanstate or local law enforcement agencies only when a minor 14 years of age or older is chargedwith an offense which would be a felony if committed by an adult.
(b) Fingerprints may be distributed or disbursed to individuals or agencies other thanstate or local law enforcement agencies.
(6) When a minor's juvenile record is expunged, all photographs and other records asordered shall upon court order be destroyed by the law enforcement agency. Fingerprint recordsmay not be destroyed.

Renumbered and Amended by Chapter 3, 2008 General Session

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State Codes and Statutes

Statutes > Utah > Title-78a > Chapter-06 > 78a-6-1104

78A-6-1104. 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 Sections78A-6-103, 78A-6-701, and 78A-6-702 that would also be an offense if the minor were 18 yearsof age or older; or
(b) has been determined to be a serious habitual offender for tracking under Section63M-10-201 and is under the continuing jurisdiction of the Juvenile Court or the Division ofJuvenile 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 felonyif the minor were 18 years of age or older;
(ii) has been determined to be a serious habitual offender for tracking under Section63M-10-201 and is under the continuing jurisdiction of the Juvenile Court or the Division ofJuvenile 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 bestored by electronic medium.
(3) HIV testing may be conducted on a minor who is taken into custody after having beenadjudicated to have violated state law prohibiting a sexual offense under Title 76, Chapter 5, Part4, 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 14years of age without the consent of the court.
(5) (a) Photographs may be distributed or disbursed to individuals or agencies other thanstate or local law enforcement agencies only when a minor 14 years of age or older is chargedwith an offense which would be a felony if committed by an adult.
(b) Fingerprints may be distributed or disbursed to individuals or agencies other thanstate or local law enforcement agencies.
(6) When a minor's juvenile record is expunged, all photographs and other records asordered shall upon court order be destroyed by the law enforcement agency. Fingerprint recordsmay not be destroyed.

Renumbered and Amended by Chapter 3, 2008 General Session