070 of 2014 - Enacting DNA Testing Requirements (Chapter 2.10) 0 14-1
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SALT LAKE CITY ORDINANCE
No.70 of 2014
(Enacting DNA Testing Requirements)
An ordinance enacting article V of Chapter 2.10,Sall Lake City Code, pertaining to DNA
testing.
WHEREAS,sexual assault is a serious crime and Salt Lake City vigorously pursues
justice for victims of all serious crimes;and
WHEREAS,budget and resource constraints are a reality,but timely testing of DNA
evidence from all Code R kits serves a high public interest by working toward justice for victims
and getting valuable DNA evidence into the Combined DNA Index System(CODIS);and
WHEREAS,DNA evidence from known suspects can have evidentiary value in other
cases,so a high priority should be placed on maximizing efforts to get Code R kit test results
entered into the appropriate DNA databases in a timely manner;and
WHEREAS,the statewide backlog of untested Code R kits affects multiple law
enforcement agencies in Utah,which causes delays in testing DNA evidence;and
WHEREAS,testing DNA evidence is only part of the investigative process;and
WHEREAS,increasing the number of sexual offense investigations may increase
demands on the City Police Department,City Prosecutor,County District Attorney and the court
system;and
WHEREAS,all victims deserve closure and certainty that cases are pursued and that
DNA evidence is actively processed and recorded;and
WHEREAS,in light of the foregoing it is proposed that Article V of Chapter 2.10,Sall Lake City
('ode,be enacted to establish city procedures and requirements for DNA testing.
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NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1: Amending text of the Salt Lake City Code by enacting Sections 2.10.160,
2.10.170, and 2.10.180. Article V of Chapter 10, Salt Lake City Code is hereby enacted to read
as follows:
Article V. DNA Testing
2.10.160: DNA TESTING PROCEDURES:
A. By not later than June 2, 2015 the chief of police or designee shall establish
procedures regarding collection and testing of deoxyribonucleic acid (DNA) evidence in
sexual offenses occurring in the city as set forth in Utah Code Title 76-5-401, et seq. of
the Utah Code or its successor.
B. For purposes of this article "testing DNA evidence" means an examination of
available DNA evidence, developing a putative perpetrator DNA profile based on such
evidence, and uploading the profile to the Combined DNA Index System (CODIS) when
the profile is qualified for inclusion in CODIS.
C. The procedures referenced in Subsection A of this section shall include the
following:
1. a. For every sexual offense occurring in the city on or after
November 1, 2014, DNA samples identified by medical personnel which
are provided to the police department shall be submitted by the department
to a DNA testing program. In no circumstance may the department decline
to advance DNA samples identified by medical personnel to a qualified
lab for DNA testing. If testing is done by a lab without CODIS access,
then within thirty (30) days after the department receives test results, the
department shall submit such results to the state crime lab or another lab
qualified to upload eligible DNA profiles to CODIS.
b. For the purpose of this subsection a"DNA testing program"
means a program that:
i. Trains personnel in testing forensic evidence from a
victim identified by medical personnel based on the victim's
medical evaluation and history,
ii. Uses DNA testing processes that yield DNA profiles
eligible for upload to CODIS as identified by the FBI Director's
Quality Assurance Standards, and
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iii.Sends DNA test results to law enforcement with any
putative perpetrator DNA profiles in a format eligible for CODIS
upload.
2.For every sexual offense occurring in the city before November 1,2014,
for which the police department has possession or control of an associated sexual
offense evidence collection kit,DNA testing shall follow the procedure set forth
in Subsection C.1 of this section.Such testing shall be completed within three(3)
years after the implementation date set forth in Section 2.10.170 of this article.
2.10.170:IMPLEMENTATION:
By no later than August 2,2015,the police department shall begin
implementation of the testing procedures set forth in Section 2.10.160 of this article,
subject to budget appropriations for this purpose.
2.10.180:ANNUAL REPORT:
Accompanying the Mayor's budget submission for the fiscal year beginning July
1,2015 and continuing,the Mayor shall report:
A.The police department's performance in meeting the requirements established
by this article,including but not limited to the number of:
1.Sexual offenses reported;
2.Sexual offense evidence collection kits:
i.Received by the police department,
ii.Sent to a qualified lab,and
iii.Determined to be eligible and uploaded to CODIS;
3.Cases submitted to the district attorney for screening;and
4.Cases in which a victim declines to proceed with the legal process;and
B.Whether amendments to this article may be necessary to improve its
effectiveness.
SECTION 2. Effective Date.This ordinance shall become effective on the date of its
first publication.
Passed by the City Council of Salt Lake City,Utah this 2 day of Dec ,2014.
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a RECORDER
Transmitted to Mayor on December 5, 2014 .
Mayor's Action: Approved. Vetoed.
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Av RPORA' By:
Bill No. 70 of 2014.
Published: 12-13-14
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