Download Zipped Amended WordPerfect SB0015.ZIP
[Introduced][Status][Bill Documents][Fiscal Note][Bills Directory]

S.B. 15


Text Box

House Floor Amendments 2-25-2005 dd/sca

House Committee Amendments 2-7-2005 ch/sca

- 1 -
Senate Committee Amendments 1-20-2005 rd/sca
This document includes Senate Committee Amendments incorporated into the bill on Thu, Jan 20, 2005 at 11:55 AM by rday. --> This document includes House Committee Amendments incorporated into the bill on Mon, Feb 7, 2005 at 10:13 AM by chopkin. --> This document includes House Floor Amendments incorporated into the bill on Fri, Feb 25, 2005 at 5:54 PM by ddonat. --> This document includes House Floor Amendments (CORRECTED) incorporated into the bill on Mon, Feb 28, 2005 at 12:17 PM by chopkin. --> This document includes House Floor Amendments (CORRECTED) incorporated into the bill on Tue, Mar 1, 2005 at 8:34 AM by chopkin. -->              1
    
CHILDREN'S JUSTICE CENTER

             2     
AMENDMENTS

             3     
2005 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Sponsor: D. Chris Buttars

             6     

             7      LONG TITLE
             8      General Description:
             9          This bill broadens the scope of children to be served by Children's Justice Centers.
             10      Highlighted Provisions:
             11          This bill:
             12          .    increases the number of children to be served by Children's Justice Centers
             13      throughout the state by expanding the scope to include S [all crimes committed against
             14      children or in the presence of children
] crimes involving children when the child is a

             14a      primary victim or a critical witness H. [, such as domestic violence cases] [ and ]
             14b      , such as in .H
             14b      drug-related child endangerment cases s .
             15      Monies Appropriated in this Bill:
             16          None
             17      Other Special Clauses:
             18          This bill takes effect on July 1, 2005.
             19      Utah Code Sections Affected:
             20      AMENDS:
             21          67-5b-101, as last amended by Chapter 171, Laws of Utah 2003
             22          67-5b-102, as last amended by Chapter 376, Laws of Utah 2001
             23          67-5b-106, as last amended by Chapter 377, Laws of Utah 1997
             24     

             25      Be it enacted by the Legislature of the state of Utah:
             26          Section 1. Section 67-5b-101 is amended to read:
             27           67-5b-101. Definitions.



Text Box

House Floor Amendments 2-25-2005 dd/sca

House Committee Amendments 2-7-2005 ch/sca

- 2 -
Senate Committee Amendments 1-20-2005 rd/sca
             28
         As used in this part:
             29          (1) "Abused child" means a child 17 years of age or younger who is a victim of:
             30          (a) sexual abuse or [serious] physical abuse [and who is 17 years of age or younger.];
             31      or
             32          (b) S [ other criminal offense committed against the child or committed in the presence of
             33      the child
] other crimes involving children where the child is a primary victim or a

             33a      critical witness H. [ , such as in domestic violence cases ] [ and ] , such as in .H drug-related
             33b      child
             33b      endangerment cases s .
             34          (2) "Agreement" means a written contract between two or more public agencies and
             35      other persons to provide for multidisciplinary intergovernmental operation of a center
             36      established in accordance with Section 67-5b-104 .
             37          (3) "Center" means a Children's Justice Center established in accordance with Section
             38      67-5b-102 .
             39          (4) "Officers and employees" means any person performing services for two or more
             40      public agencies as agreed in intergovernmental contracts in accordance with Section
             41      67-5b-104 .
             42          (5) "Public agency" means a municipality, a county, the attorney general, the Division
             43      of Child and Family Services, the Division of Juvenile Justice Services, the Department of
             44      Corrections, the juvenile court, and the Administrative Office of the Courts.
             45          (6) "Volunteer" means any person who donates service without pay or other
             46      compensation except expenses actually and reasonably incurred as approved by the supervising
             47      agency. Volunteer does not include any person participating in human subjects research and
             48      court-ordered compensatory service workers as defined in Section 67-20-2 .
             49          Section 2. Section 67-5b-102 is amended to read:
             50           67-5b-102. Children's Justice Center -- Requirements of center -- Purposes of
             51      center.
             52          (1) (a) There is established a program that provides a comprehensive,
             53      multidisciplinary, nonprofit, intergovernmental response to sexual abuse of children [and
             54      serious], physical abuse of children S [ , and other criminal offenses committed against children or
             55      committed in the presence of children,
] , and other crimes involving children where the

             55a      child is a primary victim or a critical witness H. [ , such as in domestic violence cases ]
             55b      [ and ] , such as in .H drug-related child endangerment cases, s in a facility known as a
             55c      Children's Justice
             55c      Center.
             56          (b) The attorney general shall administer the program.
             57          (c) The attorney general shall:
             58          (i) allocate the funds appropriated by a line item pursuant to Section 67-5b-103 ;



Text Box

Corrected - House Floor Amendments 3-1-2005 ch/sca

Corrected - House Floor Amendments 2-28-2005 ch/sca

House Floor Amendments 2-25-2005 dd/sca

House Committee Amendments 2-7-2005 ch/sca

- 3 -
Senate Committee Amendments 1-20-2005 rd/sca
             59
         (ii) administer applications for state and federal grants;
             60          (iii) staff the Advisory Board on Children's Justice;
             61          (iv) assist in the development of new centers; and
             62          (v) coordinate services between centers.
             63          (2) (a) The attorney general shall establish Children's Justice Centers or satellite offices
             64      in Cache County, Carbon County, Davis County, Duchesne County, Emery County, Grand
             65      County, Salt Lake County, Tooele County, Uintah County, Utah County, Wasatch County,
             66      Washington County, and Weber County.
             67          (b) The attorney general may establish other centers within a county and in other
             68      counties of the state.
             69          (3) The attorney general and each center shall fulfill the statewide purpose of each
             70      center by:
             71          (a) minimizing the time and duplication of effort required to investigate, prosecute, and
             72      initiate treatment for the abused child in the state;
             73          (b) facilitating the investigation of the alleged offense against the abused child;
             74          (c) conducting interviews of abused children and their families in a professional
             75      manner;
             76          (d) obtaining reliable and admissible information which can be used effectively in
             77      criminal and child protection proceedings in the state;
             78          (e) coordinating and tracking:
             79          (i) the use of limited medical and psychiatric services;
             80          (ii) investigation of the alleged offense;
             81          (iii) preparation of prosecution;
             82          (iv) treatment of the abused child and family; and
             83          (v) education and training of persons who provide services to the abused child and its
             84      family in the state;
             85          (f) expediting the processing of the case through the courts in the state;
             86          (g) protecting the interest of the abused child and the community in the state;
             87          (h) reducing trauma to the abused child in the state;
             88          (i) enhancing the community understanding of sexual abuse of children S [ and ] , s
             88a      [serious]
             89      physical abuse of children S [ in the state ] , and other crimes in the state involving
             89a      children where the child is a primary victim or a critical witness H. [ , such as in
             89b      domestic violence cases
]
[ and ] , such as in .H drug-related child endangerment cases s ;
             89c      [and]



Text Box

House Floor Amendments 2-25-2005 dd/sca

House Committee Amendments 2-7-2005 ch/sca

- 4 -
Senate Committee Amendments 1-20-2005 rd/sca
             90
         (j) providing as many services as possible that are required for the thorough and
             91      effective investigation of child abuse cases[.]; and
             92          (k) enhancing the community understanding of criminal offenses committed against or
             93      in the presence of children.
             94          (4) To assist a center in fulfilling the requirements and statewide purposes as provided
             95      in Subsection (3), each center may obtain access to any relevant juvenile court legal records
             96      and adult court legal records, unless sealed by the court.
             97          (5) The statewide purpose of this chapter is to establish a program that provides a
             98      comprehensive, multidisciplinary, nonprofit, intergovernmental response to sexual abuse of
             99      children [and serious], physical abuse of children, and other S [ criminal offenses committed
             100      against children or committed in the presence of children
] crimes involving children where

             100a      the child is a primary victim or a critical witness H. [ , such as in domestic violence
             100b      cases
] [ and ] , such as in .H
drug-related child endangerment cases s , in a facility known as a
             100c      Children's
             101      Justice Center.
             102          Section 3. Section 67-5b-106 is amended to read:
             103           67-5b-106. Advisory Board on Children's Justice -- Membership -- Terms --
             104      Duties -- Authority.
             105          (1) The attorney general shall create the Advisory Board on Children's Justice to advise
             106      him about the Children's Justice Center Program.
             107          (2) The board shall be composed of:
             108          (a) the director of each Children's Justice Center;
             109          (b) the chair of each local advisory board established under Section 67-5b-105 ;
             110          (c) the attorney general or the attorney general's designee;
             111          (d) a representative of the Utah Sheriffs Association, appointed by the governor;
             112          (e) a chief of police, appointed by the governor;
             113          (f) one juvenile court judge and one district court judge, appointed by the chief justice;
             114          (g) a representative of the court appointed guardians ad litem, appointed by the chief
             115      justice;
             116          (h) a designated representative of the Division of Child and Family Services within the
             117      Department of Human Services, appointed by the director of that division;
             118          (i) a licensed mental health professional, appointed by the governor;
             119          (j) a person experienced in working with children with disabilities, appointed by the
             120      governor;



Text Box

House Floor Amendments 2-25-2005 dd/sca

House Committee Amendments 2-7-2005 ch/sca

- 5 -
Senate Committee Amendments 1-20-2005 rd/sca
             121
         (k) one criminal defense attorney, licensed by the Utah State Bar and in good standing,
             122      appointed by the Utah Bar Commission;
             123          (l) one criminal prosecutor, licensed by the Utah State Bar and in good standing,
             124      appointed by the Prosecution Council;
             125          (m) a member of the governor's staff, appointed by the governor;
             126          (n) a member from the public, appointed by the governor, who exhibits sensitivity to
             127      the concerns of parents; and
             128          (o) additional members appointed as needed by the attorney general.
             129          (3) (a) Except as required by Subsection (3)(b), as terms of current board members
             130      expire, the appointing authority shall appoint each new member or reappointed member to a
             131      four-year term.
             132          (b) Notwithstanding the requirements of Subsection (3)(a), the appointing authority
             133      shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the
             134      terms of board members are staggered so that approximately half of the board is appointed
             135      every two years.
             136          (4) The Advisory Board on Children's Justice shall:
             137          (a) coordinate and support the statewide purpose of the program;
             138          (b) recommend statewide guidelines for the administration of the program;
             139          (c) advise the contracting entities of each Children's Justice Center;
             140          (d) recommend training and improvements in training;
             141          (e) review, evaluate, and make recommendations concerning state investigative,
             142      administrative, and judicial handling in both civil and criminal cases of child abuse, child
             143      sexual abuse, [and] neglect, and other S [ criminal offenses committed against children or
             144      committed in the presence of children
] crimes involving children where the child is a

             144a      primary victim or a critical witness H. [ , such as in domestic violence cases ] [ and ]
             144b      , such as in .H
             144c      drug-related child endangerment cases s ;
             145          (f) recommend programs to improve the prompt and fair resolution of civil and
             146      criminal court proceedings; and
             147          (g) recommend changes to state laws and procedures to provide comprehensive
             148      protection for children [of] from abuse, child sexual abuse, [and] neglect, and other S [ criminal
             149      offenses committed against children or committed in the presence of children
] crimes involving

             149a      children where the child is a primary victim or a critical witness H. [ , such as in
             149b      domestic violence cases
]
[ and ] , such as in .H drug-related child endangerment cases s .
             150          (5) The Advisory Board on Children's Justice may not supersede the authority of the
             151      contracting public agency to oversee the accountability of the center, including the budget,



Text Box

- 6 -
             152
     costs, personnel, and management pursuant to Section 67-5b-104 and Title 51, Chapter [2] 2a,
             153      Audits of Political Subdivisions, Interlocal Organizations, and Other Local Entities.
             154          Section 4. Effective date.
             155          This bill takes effect on July 1, 2005.





Legislative Review Note
    as of 12-7-04 8:44 AM


Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel

Interim Committee Note
    as of 12-08-04 11:20 AM

The Law Enforcement and Criminal Justice Interim Committee recommended this bill.


[Bill Documents][Bills Directory]