H.B. 318

1

SEX OFFENDER REGISTRATION REVISIONS
2 2006 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: David Clark
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill makes changes to sex offender registration requirements.
10 Highlighted Provisions:
11 This bill:
12 . requires a sex offender from outside Utah to register within 12 hours of entering
13 Utah, regardless of his length of stay;
14 . requires a sex offender who is moving to register a change of address ten days
15 before moving;
16 . extends the registration requirements for certain offenses from ten years to lifetime;
17 . extends notification requirements to offenders working in all educational
18 institutions;
19 . increases the penalty for failure to register from a misdemeanor to a third degree
20 felony and requires mandatory incarceration; and
21 . requires the state to maintain the registry on the Internet and index it by surname
22 and postal codes.
23 Monies Appropriated in this Bill:
24 None
25 Other Special Clauses:
26 None
27 Utah Code Sections Affected:

28 AMENDS:
29 77-27-21.5, as last amended by Chapter 48, Laws of Utah 2002
30
31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 77-27-21.5 is amended to read:
33 77-27-21.5. Sex offender registration -- Information system -- Law enforcement
34 and courts to report -- Registration -- Penalty -- Effect of expungement.
35 (1) As used in this section:
36 (a) "Department" means the Department of Corrections.
37 (b) "Employed" or "carries on a vocation" includes employment that is full time or part
38 time for a period of time exceeding 14 days or for an aggregate period of time exceeding 30
39 days during any calendar year, whether financially compensated, volunteered, or for the
40 purpose of government or educational benefit.
41 (c) "Notification" means a person's acquisition of information from the department
42 about a sex offender, including his place of habitation, physical description, and other
43 information as provided in Subsections (11) and (12).
44 (d) "Register" means to comply with the rules of the department made under this
45 section.
46 (e) "Sex offender" means any person:
47 (i) convicted by this state of:
48 (A) a felony or class A misdemeanor violation of Section 76-4-401 , enticing a minor
49 over the Internet;
50 (B) Section 76-5-301.1 , kidnapping of a child;
51 (C) a felony violation of Section 76-5-401 , unlawful sexual activity with a minor;
52 (D) Section 76-5-401.1 , sexual abuse of a minor;
53 (E) Section 76-5-401.2 , unlawful sexual conduct with a 16 or 17 year old;
54 (F) Section 76-5-402 , rape;
55 (G) Section 76-5-402.1 , rape of a child;
56 (H) Section 76-5-402.2 , object rape;
57 (I) Section 76-5-402.3 , object rape of a child;
58 (J) a felony violation of Section 76-5-403 , forcible sodomy;

59 (K) Section 76-5-403.1 , sodomy on a child;
60 (L) Section 76-5-404 , forcible sexual abuse;
61 (M) Section 76-5-404.1 , sexual abuse of a child or aggravated sexual abuse of a child;
62 (N) Section 76-5-405 , aggravated sexual assault;
63 (O) Section 76-5a-3 , sexual exploitation of a minor;
64 (P) Section 76-7-102 , incest;
65 (Q) Section 76-9-702.5 , lewdness involving a child;
66 (R) Section 76-10-1306 , aggravated exploitation of prostitution; or
67 (S) attempting, soliciting, or conspiring to commit any felony offense listed in
68 Subsection (1)(e)(i);
69 (ii) convicted by any other state or the United States government of an offense which if
70 committed in this state would be punishable as one or more of the offenses listed in Subsection
71 (1) (e)(i) and who is:
72 (A) a Utah resident; or
73 (B) not a Utah resident, but who is in the state for [a period exceeding 14 consecutive
74 days, or for an aggregate period exceeding 30 days, during any calendar year] 12 hours,
75 regardless of whether or not the offender intends to permanently reside in this state; or
76 (iii) who is found not guilty by reason of insanity of one or more offenses listed in
77 Subsection (1)(e)(i).
78 (2) The department, to assist in investigating sex-related crimes and in apprehending
79 offenders, shall:
80 (a) develop and operate a system to collect, analyze, maintain, and disseminate
81 information on sex offenders and sex offenses; and
82 (b) make information collected and developed under this section available to the
83 public.
84 (3) Any law enforcement agency shall, in the manner prescribed by the department,
85 inform the department of:
86 (a) the receipt of a report or complaint of an offense listed in Subsection (1)(e), within
87 three working days; and
88 (b) the arrest of a person suspected of any of the offenses listed in Subsection (1)(e),
89 within five working days.

90 (4) Upon convicting a person of any of the offenses listed in Subsection (1)(e), the
91 convicting court shall within three working days forward a copy of the judgment and sentence
92 to the department.
93 (5) A sex offender in the custody of the department shall be registered by agents of the
94 department upon:
95 (a) being placed on probation;
96 (b) commitment to a secure correctional facility operated by or under contract to the
97 department;
98 (c) release from confinement to parole status, termination or expiration of sentence, or
99 escape;
100 (d) entrance to and release from any community-based residential program operated by
101 or under contract to the department; or
102 (e) termination of probation or parole.
103 (6) A sex offender not in the custody of the department and who is confined in a
104 correctional facility not operated by or under contract to the department shall be registered with
105 the department by the sheriff of the county in which the offender is confined upon:
106 (a) commitment to the correctional facility; and
107 (b) release from confinement.
108 (7) A sex offender committed to a state mental hospital shall be registered with the
109 department by the hospital upon admission and upon discharge.
110 (8) A sex offender convicted by any other state or by the United States government is
111 required to register under Subsection (1)(e)(ii) and shall register with the department within
112 [ten days] 12 hours after entering the state.
113 (9) (a) Except as provided in Subsections (9)(b) and (c), a sex offender shall, for the
114 duration of the sentence and for ten years after termination of sentence, register annually and
115 again within ten days of every change of his place of habitation.
116 (b) (i) A sex offender convicted of any of the offenses listed in Subsection (9)(b)(ii)
117 shall, for the offender's lifetime, register annually and again within ten days of every change of
118 the offender's place of habitation. This registration requirement is not subject to exemptions
119 and may not be terminated or altered during the offender's lifetime.
120 (ii) Offenses referred to in Subsection (9)(b)(i) are:

121 (A) any offense listed in Subsection (1)(e) if the offender has previously been
122 convicted of an offense listed in Subsection (1)(e);
123 (B) Section 76-5-402.1 , rape of a child;
124 (C) Section 76-5-402.3 , object rape of a child;
125 (D) Section 76-5-403 , forcible sodomy;
126 (E) Section 76-5-403.1 , sodomy on a child; [and]
127 (F) Section 76-5-405 , aggravated sexual assault[.];
128 (G) Section 76-5-301.1 , kidnaping of a child;
129 (H) Section 76-5-401 , unlawful sexual activity with a minor;
130 (I) Section 76-5-401.1 , sexual abuse of a minor;
131 (J) Section 76-5a-3 , sexual exploitation of a minor;
132 (K) Section 76-7-102 , incest; and
133 (L) Section 76-9-702.5 , lewdness with a child.
134 (c) Notwithstanding Subsections (9)(a) and (b), a sex offender who is confined in a
135 secure facility or in a state mental hospital is not required to register annually.
136 (10) An agency in the state that registers a sex offender on probation, a sex offender
137 who has been released from confinement to parole status or termination, or a sex offender
138 whose sentence has expired shall inform the offender of the duty to comply with the continuing
139 registration requirements of this section during the period of registration required in Subsection
140 (9), including:
141 (a) notification to the state agencies in the states where the registrant presently resides
142 and plans to reside when moving across state lines;
143 (b) verification of address at least every 60 days pursuant to a parole agreement for
144 lifetime parolees; and
145 (c) notification to the out-of-state agency where the offender is living, whether or not
146 the offender is a resident of that state.
147 (11) A sex offender shall provide the department with the following information:
148 (a) all names or aliases the sex offender is or has been known by;
149 (b) the sex offender's name and residential address;
150 (c) a physical description, including the sex offender's age, height, weight, eye and hair
151 color;

152 (d) the type of vehicle or vehicles the sex offender drives;
153 (e) a current photograph of the sex offender; and
154 (f) each educational institution [of higher education] in Utah at which the sex offender
155 is employed, carries on a vocation, or is a student, and any change of enrollment or
156 employment status of the sex offender at any educational institution [of higher education].
157 (12) The department shall:
158 (a) provide the following additional information when available:
159 (i) the crimes the sex offender was convicted of; and
160 (ii) a description of the sex offender's primary and secondary targets; and
161 (b) ensure that the registration information collected regarding a sex offender's
162 enrollment or employment at an educational institution [of higher education] is:
163 (i) promptly made available to any law enforcement agency that has jurisdiction where
164 the institution is located; and
165 (ii) entered into the appropriate state records or data system.
166 (13) (a) A sex offender who knowingly fails to register under this section is guilty of a
167 [class A misdemeanor] third degree felony and shall be sentenced to serve a term of
168 incarceration for not fewer than [90 days] one year and also at least one year of probation.
169 (b) Neither the court nor the Board of Pardons and Parole may release a person who
170 violates this section from serving a term of at least 90 days and of completing probation of at
171 least one year. This Subsection (13)(b) supersedes any other provision of the law contrary to
172 this section.
173 (14) Notwithstanding Title 63, Chapter 2, Government Records Access and
174 Management Act, information in Subsections (11) and (12) collected and released under this
175 section is public information.
176 (15) (a) If a sex offender is to be temporarily sent outside a secure facility in which he
177 is confined on any assignment, including, without limitation, firefighting or disaster control,
178 the official who has custody of the offender shall, within a reasonable time prior to removal
179 from the secure facility, notify the local law enforcement agencies where the assignment is to
180 be filled.
181 (b) This Subsection (15) does not apply to any person temporarily released under guard
182 from the institution in which he is confined.

183 (16) Notwithstanding Sections 77-18-9 through 77-18-14 regarding expungement, a
184 person convicted of any offense listed in Subsection (1)(e) is not relieved from the
185 responsibility to register as required under this section.
186 (17) Notwithstanding Section 42-1-1 , a sex offender:
187 (a) may not change his name:
188 (i) while under the jurisdiction of the department; and
189 (ii) until the registration requirements of this statute have expired; or
190 (b) may not change his name at any time, if registration is under Subsection (9)(b).
191 (18) The department may make rules necessary to implement this section, including:
192 (a) the method for dissemination of the information; and
193 (b) instructions to the public regarding the use of the information.
194 (19) Any information regarding the identity or location of a victim shall be redacted by
195 the department from information provided under Subsections (11) and (12).
196 (20) Nothing in this section shall be construed to create or impose any duty on any
197 person to request or obtain information regarding any sex offender from the department.
198 (21) [If the] The department [chooses to] shall post registry information on the Internet,
199 and the website shall contain a disclaimer informing the public of the following:
200 (a) the information contained on the site is obtained from sex offenders and the
201 department does not guarantee its accuracy;
202 (b) members of the public are not allowed to publicize the information or use it to
203 harass or threaten sex offenders or members of their families; and
204 (c) harassment, stalking, or threats against sex offenders or their families are prohibited
205 and doing so may violate Utah criminal laws.
206 (22) The website shall be indexed by both the surname of the offender and by postal
207 codes.
208 [(22)] (23) The department shall construct the website so that users, before accessing
209 registry information, must indicate that they have read the disclaimer, understand it, and agree
210 to comply with its terms.
211 [(23)] (24) The department, its personnel, and any individual or entity acting at the
212 request or upon the direction of the department are immune from civil liability for damages for
213 good faith compliance with this section and will be presumed to have acted in good faith by

214 reporting information.
215 [(24)] (25) The department shall redact information that, if disclosed, could reasonably
216 identify a victim.




Legislative Review Note
as of 1-24-06 7:22 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