H.B. 31 Enrolled

1

DRIVER LICENSE OR IDENTIFICATION
2 CARD REQUIREMENT FOR SEX OFFENDERS
3 2007 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Paul Ray
6 Senate Sponsor: Jon J. Greiner
7 Cosponsors:
8 DeMar Bud Bowman
9 David ClarkGlenn A. Donnelson
Ben C. FerryNeil A. Hansen
Mark W. Walker 10
11 LONG TITLE
12 General Description:
13 This bill modifies the Uniform Driver License Act regarding identification cards to
14 provide that a person required to register as a sex offender must maintain a current
15 identification card if the person does not have a driver license.
16 Highlighted Provisions:
17 This bill:
18 . requires that sex offenders subject to registration must keep a current state
19 identification card if the offenders do not have a driver license;
20 . provides that no extension of an identification card beyond the statutory expiration
21 date may be granted for sex offenders subject to registration; and
22 . establishes a class A misdemeanor penalty for sex offenders subject to registration
23 who fail to maintain an identification card if they do not have a driver license.
24 Monies Appropriated in this Bill:
25 None
26 Other Special Clauses:
27 None
28 Utah Code Sections Affected:
29 AMENDS:

30 53-3-807, as last amended by Chapters 131 and 189, Laws of Utah 2006
31 ENACTS:
32 53-3-806.5, Utah Code Annotated 1953
33
34 Be it enacted by the Legislature of the state of Utah:
35 Section 1. Section 53-3-806.5 is enacted to read:
36 53-3-806.5. Identification card required if sex offender does not have driver
37 license.
38 (1) (a) If a person is required to register as a sex offender under Section 77-27-21.5 and
39 the person does not hold a current driver license in compliance with Section 53-3-205 , the
40 person shall obtain an identification card.
41 (b) The person shall maintain a current identification card during any time the person is
42 required to register as a sex offender and the person does not hold a valid driver license.
43 (2) Failure to maintain a current identification card as required under Subsection (1) on
44 and after April 30, 2007 is a class A misdemeanor for each month of violation of Subsection
45 (1).
46 Section 2. Section 53-3-807 is amended to read:
47 53-3-807. Expiration -- Address and name change -- Extension for disabled.
48 (1) An identification card issued on or after July 1, 2006 expires on the birth date of the
49 applicant in the fifth year following the issuance of the identification card.
50 (2) If a person has applied for and received an identification card and subsequently
51 moves from the address shown on the application or on the card, the person shall within ten
52 days notify the division in a manner specified by the division of the person's new address.
53 (3) If a person has applied for and received an identification card and subsequently
54 changes the person's name under Title 42, Chapter 1, Change of Name, the person:
55 (a) shall surrender the card to the division; and
56 (b) may apply for a new card in the person's new name by:
57 (i) furnishing proper documentation to the division as provided in Section 53-3-804 ;

58 and
59 (ii) paying the fee required under Section 53-3-105 .
60 (4) (a) Except as provided in Subsection (4)(c), if a person has applied for and received
61 an identification card and is currently required to register as a sex offender under Section
62 77-27-21.5 :
63 (i) the person's identification card expires annually on the next birth date of the
64 cardholder [beginning on], on and after July 1, 2006;
65 (ii) the person shall surrender the person's identification card to the division on or
66 before the cardholder's next birth date beginning on July 1, 2006; and
67 (iii) the person may apply for an identification card with an expiration date identified in
68 Subsection (8)(b) by:
69 (A) furnishing proper documentation to the division as provided in Section 53-3-804 ;
70 and
71 (B) paying the fee for an identification card required under Section 53-3-105 .
72 (b) Except as provided in Subsection (4)(c), if a person has applied for and received an
73 identification card and is subsequently convicted of any offense listed in Subsection
74 77-27-21.5 (1)(f), the person shall surrender the card to the division on the person's next birth
75 date following the conviction and may apply for a new card with an expiration date identified
76 in Subsection (8)(b) by:
77 (i) furnishing proper documentation to the division as provided in Section 53-3-804 ;
78 and
79 (ii) paying the fee required under Section 53-3-105 .
80 (c) A person who is unable to comply with the provisions of Subsection (4)(a) or (4)(b)
81 because the person is in the custody of the Department of Corrections or Division of Juvenile
82 Justice Services, confined in a correctional facility not operated by or under contract with the
83 Department of Corrections, or committed to a state mental facility, shall comply with the
84 provisions of Subsection (4)(a) or (b) within ten days of being released from confinement.
85 (5) A person older than 21 years of age with a disability, as defined under the

86 Americans with Disabilities Act of 1990, Pub. L. 101-336, may extend the expiration date on
87 an identification card for five years if the person with a disability or an agent of the person with
88 a disability:
89 (a) requests that the division send the application form to obtain the extension or
90 requests an application form in person at the division's offices;
91 (b) completes the application;
92 (c) certifies that the extension is for a person 21 years of age or older with a disability;
93 and
94 (d) returns the application to the division together with the identification card fee
95 required under Section 53-3-105 .
96 (6) (a) (i) An identification card may only be extended once, except as prohibited under
97 Subsection (6)(b).
98 [(b)] (ii) After an extension an application for an identification card must be applied for
99 in person at the division's offices.
100 (b) An identification card issued to a person required to register as a sex offender under
101 Section 77-27-21.5 may not be extended.
102 (7) An identification card issued prior to July 1, 2006 to a person 65 years of age or
103 older does not expire, but continues in effect until the death of that person.
104 (8) Notwithstanding the provisions of this section:
105 (a) an identification card that was obtained without using a Social Security number as
106 required under Subsection 53-3-804 (2) expires on July 1, 2005; and
107 (b) an identification card expires on the birth date of the applicant in the first year
108 following the year that the identification card was issued if the applicant is required to register
109 as a sex offender under Section 77-27-21.5 .
110 (9) A person who knowingly fails to surrender an identification card under Subsection
111 (4) is guilty of a class A misdemeanor.