Section 53-10-404.5 - Obtaining DNA specimen at time of booking - Payment of fee upon conviction(1)(a) When a sheriff books a person for any offense under Subsections 53-10-403(1)(c) and (d), the sheriff shall: (i) except as provided in Subsection (1)(b), obtain a DNA specimen from the person upon booking of the person at the county jail; and(ii) provide the person, in a manner the bureau specifies, notice of the process described in Subsection 53-10-406(6)(b) to request destruction of the DNA specimen and removal of the person's DNA record from the database described in Subsection 53-10-406(1)(d).(b) If at the time of booking the sheriff is able to obtain information from the bureau stating that the bureau has received a DNA specimen for the person and the sample analysis is either in process or complete, the sheriff is not required to obtain an additional DNA specimen.(c) If at the time of booking the sheriff is able to obtain information from the bureau stating that the bureau has received a DNA specimen for the person and the sample analysis is pending, the sheriff may obtain an additional DNA specimen.(2) The person booked under Subsection (1) shall pay a fee of $150 for the cost of obtaining the DNA specimen if: (a) the charge upon which the booking is based is resolved by a conviction or the person is convicted of any charge arising out of the same criminal episode regarding which the DNA specimen was obtained; and(b) the person's DNA sample is not on file under Subsection (1)(b).(3)(a) All fees collected under Subsection (2) shall be deposited into the DNA Specimen Restricted Account created in Section 53-10-407, except that the agency collecting the fee may retain not more than $25 per individual specimen for the costs of obtaining the DNA specimen.(b) The agency collecting the $150 fee may not retain from each separate fee more than $25, and no amount of the $150 fee may be credited to any other fee or agency obligation.(4) Any DNA specimen obtained under this section shall be held and may not be processed until: (a) the court has bound the person over for trial following a preliminary hearing for any charge arising out of the same criminal episode regarding which the person was booked;(b) the person has waived the preliminary hearing for any charge arising out of the same criminal episode regarding which the person was booked;(c) a grand jury has returned an indictment for any charge arising out of the same criminal episode regarding which the person was booked; or(d) sixty days after the issuance of an arrest warrant for failure to appear, provided the warrant is still outstanding or has not been recalled.Amended by Chapter 113, 2022 General Session ,§ 1, eff. 5/4/2022.Amended by Chapter 331, 2014 General Session ,§ 3, eff. 5/13/2014.Enacted by Chapter 405, 2010 General Session