Utah § 78B-9-302 Effect of petition for postconviction DNA testing -- Requests for appointment of counsel -- Appeals -- Subsequent postconviction petitions.

Utah Statutes

§ 78B-9-302 — Effect of petition for postconviction DNA testing -- Requests for appointment of counsel -- Appeals -- Subsequent postconviction petitions.

Utah § 78B-9-302

Title 78BJudicial Code

Ch. 78B-9Postconviction Remedies Act

Part 78B-9-3Postconviction Testing of DNA

This text of Utah § 78B-9-302 (Effect of petition for postconviction DNA testing -- Requests for appointment of counsel -- Appeals -- Subsequent postconviction petitions.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 78B-9-302 (2026).

Text

(1)The filing of a petition for DNA testing constitutes the person's consent to provide samples of body fluids for use in the DNA testing.

(2)The data from any DNA samples or test results obtained as a result of the petition may be entered into law enforcement DNA databases.

(3)The filing of a petition for DNA testing constitutes the person's waiver of any statute of limitations in all jurisdictions as to any felony offense the person has committed which is identified through DNA database comparison.

(4)The person filing the petition for postconviction DNA testing bears the cost of the testing unless:

(4)(a) the person is serving a sentence of imprisonment;

(4)(b) the person is indigent; and

(4)(c) the DNA test is favorable to the petitioner.

(5)(5)(a) Subsections 78B-9-109(1) and (2

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(1) The filing of a petition for DNA testing constitutes the person's consent to provide samples of body fluids for use in the DNA testing.
(2) The data from any DNA samples or test results obtained as a result of the petition may be entered into law enforcement DNA databases.
(3) The filing of a petition for DNA testing constitutes the person's waiver of any statute of limitations in all jurisdictions as to any felony offense the person has committed which is identified through DNA database comparison.
(4) The person filing the petition for postconviction DNA testing bears the cost of the testing unless:

(4)(a) the person is serving a sentence of imprisonment;
(4)(b) the person is indigent; and
(4)(c) the DNA test is favorable to the petitioner.
(5) (5)(a) Subsections 78B-9-109(1) and (2), regarding the appointment of pro bono counsel, apply to any request for the appointment of counsel under this part.
(5)(b) Subsection 78B-9-109(3), regarding effectiveness of counsel, applies to subsequent postconviction petitions and to appeals under this part.