H.B. 176

1

SEX OFFENDER REGISTRATION
2 AMENDMENTS
3 2008 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Keith Grover
6 Senate Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill modifies the Code of Criminal Procedure to require lifetime registration for
11 sex offenders committing certain crimes.
12 Highlighted Provisions:
13 This bill:
14 . adds to the crimes requiring lifetime registration of a sex offender "attempting" or
15 "conspiring to commit" an offense currently subject to lifetime registration.
16 Monies Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 77-27-21.5, as last amended by Laws of Utah 2007, Chapter 337
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 77-27-21.5 is amended to read:
26 77-27-21.5. Sex offender registration -- Information system -- Law enforcement
27 and courts to report -- Registration -- Penalty -- Effect of expungement.

28 (1) As used in this section:
29 (a) "Department" means the Department of Corrections.
30 (b) "Division" means the Division of Juvenile Justice Services.
31 (c) "Employed" or "carries on a vocation" includes employment that is full time or part
32 time, whether financially compensated, volunteered, or for the purpose of government or
33 educational benefit.
34 (d) "Notification" means a person's acquisition of information from the department
35 about a sex offender, including his place of habitation, physical description, and other
36 information as provided in Subsections (12) and (13).
37 (e) "Register" means to comply with the rules of the department made under this
38 section.
39 (f) "Sex offender" means any person:
40 (i) convicted by this state of:
41 (A) a felony or class A misdemeanor violation of Section 76-4-401 , enticing a minor
42 over the Internet;
43 (B) Section 76-5-301.1 , kidnapping of a child;
44 (C) a felony violation of Section 76-5-401 , unlawful sexual activity with a minor;
45 (D) Section 76-5-401.1 , sexual abuse of a minor;
46 (E) Section 76-5-401.2 , unlawful sexual conduct with a 16 or 17 year old;
47 (F) Section 76-5-402 , rape;
48 (G) Section 76-5-402.1 , rape of a child;
49 (H) Section 76-5-402.2 , object rape;
50 (I) Section 76-5-402.3 , object rape of a child;
51 (J) a felony violation of Section 76-5-403 , forcible sodomy;
52 (K) Section 76-5-403.1 , sodomy on a child;
53 (L) Section 76-5-404 , forcible sexual abuse;
54 (M) Section 76-5-404.1 , sexual abuse of a child or aggravated sexual abuse of a child;
55 (N) Section 76-5-405 , aggravated sexual assault;
56 (O) Section 76-5a-3 , sexual exploitation of a minor;
57 (P) Section 76-7-102 , incest;
58 (Q) Section 76-9-702.5 , lewdness involving a child;

59 (R) Section 76-10-1306 , aggravated exploitation of prostitution; or
60 (S) attempting, soliciting, or conspiring to commit any felony offense listed in
61 Subsection (1)(f)(i);
62 (ii) who has been convicted of any crime, or an attempt, solicitation, or conspiracy to
63 commit a crime in another state or by the United States government that is substantially
64 equivalent to the offenses listed in Subsection (1)(f)(i) and who is:
65 (A) a Utah resident; or
66 (B) not a Utah resident, but who is in the state for ten days, regardless of whether or
67 not the offender intends to permanently reside in this state;
68 (iii) who is required to register as a sex offender in any other state or United States
69 territory, is not a Utah resident, but who is in the state for ten days, regardless of whether or not
70 the offender intends to permanently reside in this state;
71 (iv) who is a nonresident regularly employed, working, or a student in this state and
72 was convicted of one or more offenses listed in Subsection (1)(f)(i), or any substantially
73 equivalent offense in another state or by the United States government, and as a result of the
74 conviction, is required to register in the person's state of residence;
75 (v) who is found not guilty by reason of insanity in this state, any other state, or by the
76 United States government of one or more offenses listed in Subsection (1)(f)(i); or
77 (vi) who is adjudicated delinquent based on one or more offenses listed in Subsection
78 (1)(f)(i) and who has been committed to the division for secure confinement and remains in the
79 division's custody 30 days prior to the person's 21st birthday.
80 (2) The department, to assist in investigating sex-related crimes and in apprehending
81 offenders, shall:
82 (a) develop and operate a system to collect, analyze, maintain, and disseminate
83 information on sex offenders and sex offenses; and
84 (b) make information collected and developed under this section available to the
85 public.
86 (3) Any law enforcement agency shall, in the manner prescribed by the department,
87 inform the department of:
88 (a) the receipt of a report or complaint of an offense listed in Subsection (1)(f), within
89 three working days; and

90 (b) the arrest of a person suspected of any of the offenses listed in Subsection (1)(f),
91 within five working days.
92 (4) Upon convicting a person of any of the offenses listed in Subsection (1)(f), the
93 convicting court shall within three working days forward a copy of the judgment and sentence
94 to the department.
95 (5) A sex offender in the custody of the department shall be registered by agents of the
96 department upon:
97 (a) being placed on probation;
98 (b) commitment to a secure correctional facility operated by or under contract to the
99 department;
100 (c) release from confinement to parole status, termination or expiration of sentence, or
101 escape;
102 (d) entrance to and release from any community-based residential program operated by
103 or under contract to the department; or
104 (e) termination of probation or parole.
105 (6) A sex offender not in the custody of the department and who is confined in a
106 correctional facility not operated by or under contract to the department shall be registered with
107 the department by the sheriff of the county in which the offender is confined upon:
108 (a) commitment to the correctional facility; and
109 (b) release from confinement.
110 (7) A sex offender in the custody of the division shall be registered with the department
111 by the division prior to release from custody.
112 (8) A sex offender committed to a state mental hospital shall be registered with the
113 department by the hospital upon admission and upon discharge.
114 (9) A sex offender convicted by any other state or by the United States government is
115 required to register under Subsection (1)(f)(ii) and shall register with the department within ten
116 days of entering the state, regardless of the length of stay.
117 (10) (a) Except as provided in Subsections (10)(b), (c), and (d), a sex offender shall, for
118 the duration of the sentence and for ten years after termination of sentence or custody of the
119 division, register annually during the month of the offender's birth and again within five days of
120 every change of his place of habitation, vehicle information, or educational information

121 required to be submitted under Subsection (12).
122 (b) Except as provided Subsections (10)(c) and (d), a sex offender who is convicted of
123 an offense listed in Subsection (1)(f)(i) by another state shall register for the time period
124 required by the state where the offender was convicted if the state's registration period for the
125 offense that the offender was convicted of is in excess of the ten years from completion of the
126 sentence registration period that is required under Subsection (10)(a).
127 (c) (i) A sex offender convicted as an adult of any of the offenses listed in Subsection
128 (10)(c)(ii) shall, for the offender's lifetime, register annually during the month of the offender's
129 birth and again within five days of every change of the offender's place of habitation, vehicle
130 information, or educational information required to be submitted under Subsection (12). This
131 registration requirement is not subject to exemptions and may not be terminated or altered
132 during the offender's lifetime.
133 (ii) Offenses referred to in Subsection (10)(c)(i) are:
134 (A) any offense listed in Subsection (1)(f) if, at the time of the conviction, the offender
135 has previously been convicted of an offense listed in Subsection (1)(f) or has previously been
136 required to register as a sex offender for an offense committed as a juvenile;
137 (B) Section 76-4-401 , enticing a minor over the Internet, if the offense is a class A or
138 felony violation;
139 (C) Section 76-5-301.1 , child kidnapping;
140 (D) Section 76-5-402 , rape;
141 (E) Section 76-5-402.1 , rape of a child;
142 (F) Section 76-5-402.2 , object rape;
143 (G) Section 76-5-402.3 , object rape of a child;
144 (H) Section 76-5-403 , forcible sodomy;
145 (I) Section 76-5-403.1 , sodomy on a child;
146 (J) Section 76-5-404.1 , sexual abuse of a child;
147 (K) Subsection 76-5-404.1 (4), aggravated sexual abuse of a child;
148 (L) Section 76-5-405 , aggravated sexual assault;
149 (M) Section 76-5a-3 , sexual exploitation of a minor; [or]
150 (N) Section 76-7-102 , incest[.]; or
151 (O) attempting, soliciting, or conspiring to commit any offense under Subsections

152 (10)(c)(ii)(B) through (N).
153 (d) Notwithstanding Subsections (10)(a), (b), and (c), a sex offender who is confined in
154 a secure facility or in a state mental hospital is not required to register annually.
155 (e) A sex offender that is required to register annually under this Subsection (10) shall
156 surrender the sex offender's license certificate or identification card as required under
157 Subsection 53-3-216 (3) or 53-3-807 (4) and may apply for a license certificate or identification
158 card as provided under Section 53-3-205 or 53-3-804 .
159 (11) An agency in the state that registers a sex offender on probation, a sex offender
160 who has been released from confinement to parole status or termination, or a sex offender
161 whose sentence has expired shall inform the offender of the duty to comply with:
162 (a) the continuing registration requirements of this section during the period of
163 registration required in Subsection (10), including:
164 (i) notification to the state agencies in the states where the registrant presently resides
165 and plans to reside when moving across state lines;
166 (ii) verification of address at least every 60 days pursuant to a parole agreement for
167 lifetime parolees; and
168 (iii) notification to the out-of-state agency where the offender is living, whether or not
169 the offender is a resident of that state; and
170 (b) the driver license certificate or identification card surrender requirement under
171 Subsection 53-3-216 (3) or 53-3-807 (4) and application provisions under Section 53-3-205 or
172 53-3-804 .
173 (12) A sex offender shall provide the department with the following information:
174 (a) all names or aliases the sex offender is or has been known by;
175 (b) the sex offender's name and residential address;
176 (c) a physical description, including the sex offender's age, height, weight, eye and hair
177 color;
178 (d) the type of vehicle or vehicles the sex offender drives;
179 (e) a current photograph of the sex offender; and
180 (f) each educational institution in Utah at which the sex offender is employed, carries
181 on a vocation, or is a student, and any change of enrollment or employment status of the sex
182 offender at any educational institution.

183 (13) The department shall:
184 (a) provide the following additional information when available:
185 (i) the crimes the sex offender was convicted of or adjudicated delinquent for; and
186 (ii) a description of the sex offender's primary and secondary targets; and
187 (b) ensure that the registration information collected regarding a sex offender's
188 enrollment or employment at an educational institution is:
189 (i) (A) promptly made available to any law enforcement agency that has jurisdiction
190 where the institution is located if the educational institution is an institution of higher
191 education; or
192 (B) promptly made available to the district superintendent of the school district where
193 the offender is enrolled if the educational institution is an institution of primary education; and
194 (ii) entered into the appropriate state records or data system.
195 (14) (a) A sex offender who knowingly fails to register under this section is guilty of:
196 (i) a third degree felony and shall be sentenced to serve a term of incarceration for not
197 less than 90 days and also at least one year of probation if:
198 (A) the sex offender is required to register for a felony conviction of an offense listed
199 in Subsection (1)(f)(i); or
200 (B) the sex offender is required to register for the offender's lifetime under Subsection
201 (10)(c); or
202 (ii) a class A misdemeanor and shall be sentenced to serve a term of incarceration for
203 not fewer than 90 days and also at least one year of probation if the sex offender is required to
204 register for a misdemeanor conviction of an offense listed in Subsection (1)(f)(i).
205 (b) Neither the court nor the Board of Pardons and Parole may release a person who
206 violates this section from serving the term required under Subsection (14)(a). This Subsection
207 (14)(b) supersedes any other provision of the law contrary to this section.
208 (15) Notwithstanding Title 63, Chapter 2, Government Records Access and
209 Management Act, information in Subsections (12) and (13) collected and released under this
210 section is public information.
211 (16) (a) If a sex offender is to be temporarily sent outside a secure facility in which he
212 is confined on any assignment, including, without limitation, firefighting or disaster control,
213 the official who has custody of the offender shall, within a reasonable time prior to removal

214 from the secure facility, notify the local law enforcement agencies where the assignment is to
215 be filled.
216 (b) This Subsection (16) does not apply to any person temporarily released under guard
217 from the institution in which he is confined.
218 (17) Notwithstanding Sections 77-18-9 through 77-18-14 regarding expungement, a
219 person convicted of any offense listed in Subsection (1)(f) is not relieved from the
220 responsibility to register as required under this section.
221 (18) Notwithstanding Section 42-1-1 , a sex offender:
222 (a) may not change his name:
223 (i) while under the jurisdiction of the department; and
224 (ii) until the registration requirements of this statute have expired; or
225 (b) may not change his name at any time, if registration is under Subsection (10)(c).
226 (19) The department may make rules necessary to implement this section, including:
227 (a) the method for dissemination of the information; and
228 (b) instructions to the public regarding the use of the information.
229 (20) Any information regarding the identity or location of a victim shall be redacted by
230 the department from information provided under Subsections (12) and (13).
231 (21) Nothing in this section shall be construed to create or impose any duty on any
232 person to request or obtain information regarding any sex offender from the department.
233 (22) The department shall post registry information on the Internet, and the website
234 shall contain a disclaimer informing the public of the following:
235 (a) the information contained on the site is obtained from sex offenders and the
236 department does not guarantee its accuracy;
237 (b) members of the public are not allowed to use the information to harass or threaten
238 sex offenders or members of their families; and
239 (c) harassment, stalking, or threats against sex offenders or their families are prohibited
240 and doing so may violate Utah criminal laws.
241 (23) The website shall be indexed by both the surname of the offender and by postal
242 codes.
243 (24) The department shall construct the website so that users, before accessing registry
244 information, must indicate that they have read the disclaimer, understand it, and agree to

245 comply with its terms.
246 (25) The department, its personnel, and any individual or entity acting at the request or
247 upon the direction of the department are immune from civil liability for damages for good faith
248 compliance with this section and will be presumed to have acted in good faith by reporting
249 information.
250 (26) The department shall redact information that, if disclosed, could reasonably
251 identify a victim.
252 (27) (a) Each sex offender required to register under Subsection (10), who is not
253 currently under the jurisdiction of the Department of Corrections, shall pay to the department
254 an annual fee of $75 each year the sex offender is subject to the registration requirements.
255 (b) The department shall deposit fees under this Subsection (27) in the General Fund as
256 a dedicated credit, to be used by the department for maintaining the sex offender registry under
257 this section and monitoring sex offender registration compliance, including the costs of:
258 (i) data entry;
259 (ii) processing registration packets;
260 (iii) updating registry information;
261 (iv) ensuring sex offender compliance with registration requirements under this
262 section; and
263 (v) apprehending offenders who are in violation of the sex offender registration
264 requirements under this section.




Legislative Review Note
as of 12-20-07 11:16 AM

Office of Legislative Research and General Counsel