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H.B. 21 Enrolled
7 LONG TITLE
8 General Description:
9 This bill creates a new chapter known as the Utah Expungement Act.
10 Highlighted Provisions:
11 This bill:
12 . creates a specific definition of expunge;
13 . sets out the steps a petitioner must take to obtain an expungement;
14 . specifies what cannot be expunged;
15 . allows the Bureau of Criminal Identification to charge application and issuance
16 fees for a certificate of eligibility for expungement;
17 . provides for notice of a petition for expungement to be given to the prosecutor,
18 victim, and, in the court's discretion, the Division of Adult Probation and Parole;
19 . allows the bureau to deny a petitioner a certificate of eligibility if the petitioner
20 provides false or misleading information on an application;
21 . requires the bureau to expedite the eligibility process for a person who is acquitted;
22 . provides rulemaking authority to the Department of Public Safety for the
23 expungement process;
24 . changes how agencies handle expunged records; and
25 . makes technical corrections.
26 Monies Appropriated in this Bill:
28 Other Special Clauses:
30 Utah Code Sections Affected:
32 41-6a-501, as last amended by Laws of Utah 2009, Chapters 75, 201, and 214
33 53-3-414, as last amended by Laws of Utah 2007, Chapters 53 and 132
34 53-5-704, as last amended by Laws of Utah 2008, Chapters 3 and 382
35 53-6-302, as enacted by Laws of Utah 1995, Chapter 134
36 53-10-202.5, as enacted by Laws of Utah 1999, Chapter 227
37 53A-6-306, as enacted by Laws of Utah 1999, Chapter 108
38 76-8-504.6, as enacted by Laws of Utah 2004, Chapter 354
39 77-27-21.5, as last amended by Laws of Utah 2009, Chapters 117, 126, 249, and 354
40 77-38-14, as last amended by Laws of Utah 1996, Chapter 1
41 78A-2-301, as last amended by Laws of Utah 2009, Chapters 147 and 149
43 77-40-101, Utah Code Annotated 1953
44 77-40-103, Utah Code Annotated 1953
45 77-40-104, Utah Code Annotated 1953
46 77-40-105, Utah Code Annotated 1953
47 77-40-106, Utah Code Annotated 1953
48 77-40-107, Utah Code Annotated 1953
49 77-40-110, Utah Code Annotated 1953
50 77-40-111, Utah Code Annotated 1953
51 RENUMBERS AND AMENDS:
52 77-40-102, (Renumbered from 77-18-9, as last amended by Laws of Utah 1999,
53 Chapter 21)
54 77-40-108, (Renumbered from 77-18-14, as last amended by Laws of Utah 2009,
55 Chapter 48)
56 77-40-109, (Renumbered from 77-18-15, as last amended by Laws of Utah 2008,
57 Chapter 382)
58 77-40-112, (Renumbered from 77-18-16, as enacted by Laws of Utah 1994, Chapter
60 77-40-113, (Renumbered from 77-18-17, as enacted by Laws of Utah 1994, Chapter
63 77-18-10, as last amended by Laws of Utah 2009, Chapter 48
64 77-18-11, as last amended by Laws of Utah 2009, Chapter 183
65 77-18-12, as last amended by Laws of Utah 2008, Chapters 303, 306, and 355
66 77-18-13, as last amended by Laws of Utah 1996, Chapter 35
68 Be it enacted by the Legislature of the state of Utah:
69 Section 1. Section 41-6a-501 is amended to read:
70 41-6a-501. Definitions.
71 (1) As used in this part:
72 (a) "Assessment" means an in-depth clinical interview with a licensed mental health
74 (i) used to determine if a person is in need of:
75 (A) substance abuse treatment that is obtained at a substance abuse program;
76 (B) an educational series; or
77 (C) a combination of Subsections (1)(a)(i)(A) and (B); and
78 (ii) that is approved by the Division of Substance Abuse and Mental Health in
79 accordance with Section 62A-15-105 .
80 (b) "Driving under the influence court" means a court that is approved as a driving
81 under the influence court by the Utah Judicial Council according to standards established by
82 the Judicial Council.
83 (c) "Drug" or "drugs" means:
84 (i) a controlled substance as defined in Section 58-37-2 ;
85 (ii) a drug as defined in Section 58-17b-102 ; or
86 (iii) any substance that, when knowingly, intentionally, or recklessly taken into the
87 human body, can impair the ability of a person to safely operate a motor vehicle.
88 (d) "Educational series" means an educational series obtained at a substance abuse
89 program that is approved by the Division of Substance Abuse and Mental Health in
90 accordance with Section 62A-15-105 .
91 (e) "Negligence" means simple negligence, the failure to exercise that degree of care
92 that an ordinarily reasonable and prudent person exercises under like or similar circumstances.
93 (f) "Screening" means a preliminary appraisal of a person:
94 (i) used to determine if the person is in need of:
95 (A) an assessment; or
96 (B) an educational series; and
97 (ii) that is approved by the Division of Substance Abuse and Mental Health in
98 accordance with Section 62A-15-105 .
99 (g) "Serious bodily injury" means bodily injury that creates or causes:
100 (i) serious permanent disfigurement;
101 (ii) protracted loss or impairment of the function of any bodily member or organ; or
102 (iii) a substantial risk of death.
103 (h) "Substance abuse treatment" means treatment obtained at a substance abuse
104 program that is approved by the Division of Substance Abuse and Mental Health in
105 accordance with Section 62A-15-105 .
106 (i) "Substance abuse treatment program" means a state licensed substance abuse
108 (j) (i) "Vehicle" or "motor vehicle" means a vehicle or motor vehicle as defined in
109 Section 41-6a-102 ; and
110 (ii) "Vehicle" or "motor vehicle" includes:
111 (A) an off-highway vehicle as defined under Section 41-22-2 ; and
112 (B) a motorboat as defined in Section 73-18-2 .
113 (2) As used in Section 41-6a-503 :
114 (a) "Conviction" means any conviction arising from a separate episode of driving for a
115 violation of:
116 (i) driving under the influence under Section 41-6a-502 ;
117 (ii) (A) for an offense committed before July 1, 2008, alcohol, any drug, or a
118 combination of both-related reckless driving under:
119 (I) Section 41-6a-512 ; and
120 (II) Section 41-6a-528 ; or
121 (B) for an offense committed on or after July 1, 2008, impaired driving under Section
122 41-6a-502.5 ;
123 (iii) driving with any measurable controlled substance that is taken illegally in the
124 body under Section 41-6a-517 ;
125 (iv) local ordinances similar to Section 41-6a-502 , alcohol, any drug, or a combination
126 of both-related reckless driving, or impaired driving under Section 41-6a-502.5 adopted in
127 compliance with Section 41-6a-510 ;
128 (v) automobile homicide under Section 76-5-207 ;
129 (vi) Subsection 58-37-8 (2)(g);
130 (vii) a violation described in Subsections (2)(a)(i) through (vi), which judgment of
131 conviction is reduced under Section 76-3-402 ; or
132 (viii) statutes or ordinances previously in effect in this state or in effect in any other
133 state, the United States, or any district, possession, or territory of the United States which
134 would constitute a violation of Section 41-6a-502 or alcohol, any drug, or a combination of
135 both-related reckless driving if committed in this state, including punishments administered
136 under 10 U.S.C. Sec. 815.
137 (b) A plea of guilty or no contest to a violation described in Subsections (2)(a)(i)
138 through (viii) which plea was held in abeyance under Title 77, Chapter 2a, Pleas in Abeyance,
139 prior to July 1, 2008, is the equivalent of a conviction, even if the charge has been
140 subsequently reduced or dismissed in accordance with the plea in abeyance agreement, for
141 purposes of:
142 (i) enhancement of penalties under:
143 (A) this Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving; and
144 (B) automobile homicide under Section 76-5-207 ; and
145 (ii) expungement under [
147 Section 2. Section 53-3-414 is amended to read:
148 53-3-414. CDL disqualification or suspension -- Grounds and duration --
150 (1) A person who holds or is required to hold a CDL is disqualified from driving a
151 commercial motor vehicle for a period of not less than one year if convicted of a first offense
153 (a) driving a motor vehicle while under the influence of alcohol, drugs, a controlled
154 substance, or more than one of these;
155 (b) driving a commercial motor vehicle while the concentration of alcohol in the
156 person's blood, breath, or urine is .04 grams or more;
157 (c) leaving the scene of an accident involving a motor vehicle the person was driving;
158 (d) failing to provide reasonable assistance or identification when involved in an
159 accident resulting in:
160 (i) death in accordance with Section 41-6a-401.5 ; or
161 (ii) personal injury in accordance with Section 41-6a-401.3 ;
162 (e) using a motor vehicle in the commission of a felony;
163 (f) refusal to submit to a test to determine the concentration of alcohol in the person's
164 blood, breath, or urine;
165 (g) driving a commercial motor vehicle while the person's commercial driver license is
166 disqualified, suspended, canceled, withdrawn, barred, denied, or revoked; or
167 (h) operating a commercial motor vehicle in a negligent manner causing the death of
168 another including the offenses of automobile homicide under Section 76-5-207 , manslaughter
169 under Section 76-5-205 , or negligent homicide under Section 76-5-206 .
170 (2) If any of the violations under Subsection (1) occur while the driver is transporting
171 a hazardous material required to be placarded, the driver is disqualified for not less than three
173 (3) (a) Except as provided under Subsection (4), a driver of a motor vehicle who holds
174 or is required to hold a CDL is disqualified for life from driving a commercial motor vehicle if
175 convicted of or administrative action is taken for two or more of any of the offenses under
176 Subsection (1), (5), or (14) arising from two or more separate incidents.
177 (b) Subsection (3)(a) applies only to those offenses committed after July 1, 1989.
178 (4) (a) Any driver disqualified for life from driving a commercial motor vehicle under
179 this section may apply to the division for reinstatement of the driver's CDL if the driver:
180 (i) has both voluntarily enrolled in and successfully completed an appropriate
181 rehabilitation program that:
182 (A) meets the standards of the division; and
183 (B) complies with 49 C.F.R. Part 383.51;
184 (ii) has served a minimum disqualification period of 10 years; and
185 (iii) has fully met the standards for reinstatement of commercial motor vehicle driving
186 privileges established by rule of the division.
187 (b) If a reinstated driver is subsequently convicted of another disqualifying offense
188 under this section, the driver is permanently disqualified for life and is ineligible to again
189 apply for a reduction of the lifetime disqualification.
190 (5) A driver of a motor vehicle who holds or is required to hold a CDL is disqualified
191 for life from driving a commercial motor vehicle if the driver uses a motor vehicle in the
192 commission of any felony involving the manufacturing, distributing, or dispensing of a
193 controlled substance, or possession with intent to manufacture, distribute, or dispense a
194 controlled substance and is ineligible to apply for a reduction of the lifetime disqualification
195 under Subsection (4).
196 (6) (a) Subject to Subsection (6)(b), a driver of a commercial motor vehicle who holds
197 or is required to hold a CDL is disqualified for not less than:
198 (i) 60 days from driving a commercial motor vehicle if the driver is convicted of two
199 serious traffic violations; and
200 (ii) 120 days if the driver is convicted of three or more serious traffic violations.
201 (b) The disqualifications under Subsection (6)(a) are effective only if the serious
202 traffic violations:
203 (i) occur within three years of each other;
204 (ii) arise from separate incidents; and
205 (iii) involve the use or operation of a commercial motor vehicle.
206 (c) If a driver of a commercial motor vehicle who holds or is required to hold a CDL is
207 disqualified from driving a commercial motor vehicle and the division receives notice of a
208 subsequent conviction for a serious traffic violation that results in an additional
209 disqualification period under this Subsection (6), the subsequent disqualification period is
210 effective beginning on the ending date of the current serious traffic violation disqualification
212 (7) (a) A driver of a commercial motor vehicle who is convicted of violating an
213 out-of-service order while driving a commercial motor vehicle is disqualified from driving a
214 commercial motor vehicle for a period not less than:
215 (i) 90 days but not more than one year if the driver is convicted of a first violation;
216 (ii) one year but not more than five years if, during any ten-year period, the driver is
217 convicted of two violations of out-of-service orders in separate incidents;
218 (iii) three years but not more than five years if, during any ten-year period, the driver
219 is convicted of three or more violations of out-of-service orders in separate incidents;
220 (iv) 180 days but not more than two years if the driver is convicted of a first violation
221 of an out-of-service order while transporting hazardous materials required to be placarded or
222 while operating a motor vehicle designed to transport 16 or more passengers, including the
223 driver; or
224 (v) three years but not more than five years if, during any ten-year period, the driver is
225 convicted of two or more violations, in separate incidents, of an out-of-service order while
226 transporting hazardous materials required to be placarded or while operating a motor vehicle
227 designed to transport 16 or more passengers, including the driver.
228 (b) A driver of a commercial motor vehicle who is convicted of violating an
229 out-of-service order is subject to a civil penalty of not less than $1,100 nor more than $2,750.
230 (8) A driver of a commercial motor vehicle who holds or is required to hold a CDL is
231 disqualified for not less than 60 days if the division determines, in its check of the driver's
232 driver license status, application, and record prior to issuing a CDL or at any time after the
233 CDL is issued, that the driver has falsified information required to apply for a CDL in this
235 (9) A driver of a commercial motor vehicle who is convicted of violating a
236 railroad-highway grade crossing provision under Section 41-6a-1205 , while driving a
237 commercial motor vehicle is disqualified from driving a commercial motor vehicle for a period
238 not less than:
239 (a) 60 days if the driver is convicted of a first violation;
240 (b) 120 days if, during any three-year period, the driver is convicted of a second
241 violation in separate incidents; or
242 (c) one year if, during any three-year period, the driver is convicted of three or more
243 violations in separate incidents.
244 (10) (a) The division shall update its records and notify the CDLIS within 10 days of
245 suspending, revoking, disqualifying, denying, or cancelling a CDL to reflect the action taken.
246 (b) When the division suspends, revokes, cancels, or disqualifies a nonresident CDL,
247 the division shall notify the licensing authority of the issuing state or other jurisdiction and the
248 CDLIS within 10 days after the action is taken.
249 (c) When the division suspends, revokes, cancels, or disqualifies a CDL issued by this
250 state, the division shall notify the CDLIS within 10 days after the action is taken.
251 (11) (a) The division may immediately suspend or disqualify the CDL of a driver
252 without a hearing or receiving a record of the driver's conviction when the division has reason
253 to believe that the:
254 (i) CDL was issued by the division through error or fraud;
255 (ii) applicant provided incorrect or incomplete information to the division;
256 (iii) applicant cheated on any part of a CDL examination;
257 (iv) driver no longer meets the fitness standards required to obtain a CDL; or
258 (v) driver poses an imminent hazard.
259 (b) Suspension of a CDL under this Subsection (11) shall be in accordance with
260 Section 53-3-221 .
261 (c) If a hearing is held under Section 53-3-221 , the division shall then rescind the
262 suspension order or cancel the CDL.
263 (12) (a) Subject to Subsection (12)(b), a driver of a motor vehicle who holds or is
264 required to hold a CDL is disqualified for not less than:
265 (i) 60 days from driving a commercial motor vehicle if the driver is convicted of two
266 serious traffic violations; and
267 (ii) 120 days if the driver is convicted of three or more serious traffic violations.
268 (b) The disqualifications under Subsection (12)(a) are effective only if the serious
269 traffic violations:
270 (i) occur within three years of each other;
271 (ii) arise from separate incidents; and
272 (iii) result in a denial, suspension, cancellation, or revocation of the non-CDL driving
273 privilege from at least one of the violations.
274 (c) If a driver of a motor vehicle who holds or is required to hold a CDL is disqualified
275 from driving a commercial motor vehicle and the division receives notice of a subsequent
276 conviction for a serious traffic violation that results in an additional disqualification period
277 under this Subsection (12), the subsequent disqualification period is effective beginning on the
278 ending date of the current serious traffic violation disqualification period.
279 (13) (a) Upon receiving a notice that a person has entered into a plea of guilty or no
280 contest to a violation of a disqualifying offense described in this section which plea is held in
281 abeyance pursuant to a plea in abeyance agreement, the division shall disqualify, suspend,
282 cancel, or revoke the person's CDL for the period required under this section for a conviction
283 of that disqualifying offense, even if the charge has been subsequently reduced or dismissed in
284 accordance with the plea in abeyance agreement.
285 (b) The division shall report the plea in abeyance to the CDLIS within 10 days of
286 taking the action under Subsection (13)(a).
287 (c) A plea which is held in abeyance may not be removed from a person's driving
288 record for 10 years from the date of the plea in abeyance agreement, even if the charge is:
289 (i) reduced or dismissed in accordance with the plea in abeyance agreement; or
290 (ii) expunged under Section [
291 (14) The division shall disqualify the CDL of a driver for an arrest of a violation of
292 Section 41-6a-502 when administrative action is taken against the operator's driving privilege
293 pursuant to Section 53-3-223 for a period of:
294 (a) one year; or
295 (b) three years if the violation occurred while transporting hazardous materials.
296 (15) The division may concurrently impose any disqualification periods that arise
297 under this section while a driver is disqualified by the Secretary of the United States
298 Department of Transportation under 49 C.F.R. 383.52 for posing an imminent hazard.
299 Section 3. Section 53-5-704 is amended to read:
300 53-5-704. Division duties -- Permit to carry concealed firearm -- Certification for
301 concealed firearms instructor -- Requirements for issuance -- Violation -- Denial,
302 suspension, or revocation -- Appeal procedure.
303 (1) (a) The division or its designated agent shall issue a permit to carry a concealed
304 firearm for lawful self defense to an applicant who is 21 years of age or older within 60 days
305 after receiving an application, unless during the 60-day period the division finds proof that the
306 applicant is not of good character.
307 (b) The permit is valid throughout the state for five years, without restriction, except
308 as otherwise provided by Section 53-5-710 .
309 (2) (a) An applicant satisfactorily demonstrates good character if the applicant:
310 (i) has not been convicted of a felony;
311 (ii) has not been convicted of a crime of violence;
312 (iii) has not been convicted of an offense involving the use of alcohol;
313 (iv) has not been convicted of an offense involving the unlawful use of narcotics or
314 other controlled substances;
315 (v) has not been convicted of an offense involving moral turpitude;
316 (vi) has not been convicted of an offense involving domestic violence;
317 (vii) has not been adjudicated by a state or federal court as mentally incompetent,
318 unless the adjudication has been withdrawn or reversed; and
319 (viii) is qualified to purchase and possess a firearm pursuant to Section 76-10-503 and
320 federal law.
321 (b) In assessing good character under Subsection (2)(a), the licensing authority shall
322 consider mitigating circumstances.
323 (3) (a) The division may deny, suspend, or revoke a concealed firearm permit if it has
324 reasonable cause to believe that the applicant has been or is a danger to self or others as
325 demonstrated by evidence, including:
326 (i) past pattern of behavior involving unlawful violence or threats of unlawful
328 (ii) past participation in incidents involving unlawful violence or threats of unlawful
329 violence; or
330 (iii) conviction of an offense in violation of Title 76, Chapter 10, Part 5, Weapons.
331 (b) The division may not deny, suspend, or revoke a concealed firearm permit solely
332 for a single conviction for an infraction violation of Title 76, Chapter 10, Part 5, Weapons.
333 (c) In determining whether the applicant has been or is a danger to self or others, the
334 division may inspect:
335 (i) expunged records of arrests and convictions of adults as provided in Section
337 (ii) juvenile court records as provided in Section 78A-6-209 .
338 (d) (i) If a person granted a permit under this part has been charged with a crime of
339 violence in any state, the division shall suspend the permit.
340 (ii) Upon notice of the acquittal of the person charged, or notice of the charges having
341 been dropped, the division shall immediately reinstate the suspended permit.
342 (4) A former peace officer who departs full-time employment as a peace officer, in an
343 honorable manner, shall be issued a concealed firearm permit within five years of that
344 departure if the officer meets the requirements of this section.
345 (5) Except as provided in Subsection (6), the licensing authority shall also require the
346 applicant to provide:
347 (a) the address of the applicant's permanent residence;
348 (b) one recent dated photograph;
349 (c) one set of fingerprints; and
350 (d) evidence of general familiarity with the types of firearms to be concealed as
351 defined in Subsection (7).
352 (6) An applicant who is a law enforcement officer under Section 53-13-103 may
353 provide a letter of good standing from the officer's commanding officer in place of the
354 evidence required by Subsection (5)(d).
355 (7) (a) General familiarity with the types of firearms to be concealed includes training
357 (i) the safe loading, unloading, storage, and carrying of the types of firearms to be
358 concealed; and
359 (ii) current laws defining lawful use of a firearm by a private citizen, including lawful
360 self-defense, use of force by a private citizen, including use of deadly force, transportation,
361 and concealment.
362 (b) Evidence of general familiarity with the types of firearms to be concealed may be
363 satisfied by one of the following:
364 (i) completion of a course of instruction conducted by a national, state, or local
365 firearms training organization approved by the division;
366 (ii) certification of general familiarity by a person who has been certified by the
367 division, which may include a law enforcement officer, military or civilian firearms instructor,
368 or hunter safety instructor; or
369 (iii) equivalent experience with a firearm through participation in an organized
370 shooting competition, law enforcement, or military service.
371 (c) Instruction taken by a student under Subsection (7)(b) shall be in person and not
372 through electronic means.
373 (8) (a) An applicant for certification as a Utah concealed firearms instructor shall:
374 (i) be at least 21 years of age;
375 (ii) be currently eligible to possess a firearm under Section 76-10-503 and federal law;
376 (iii) have a current National Rifle Association certification or its equivalent as
377 determined by the division; and
378 (iv) for certificates issued beginning July 1, 2006, have taken a course of instruction
379 and passed a certification test as described in Subsection (8)(c).
380 (b) An instructor's certification is valid for three years from the date of issuance,
381 unless revoked by the division.
382 (c) (i) In order to obtain initial certification or renew a certification, an instructor shall
383 attend an instructional course and pass a test under the direction of the division.
384 (ii) (A) Beginning May 1, 2006, the division shall provide or contract to provide the
385 course referred to in Subsection (8)(c)(i) twice every year.
386 (B) The course shall include instruction on current Utah law related to firearms,
387 including concealed carry statutes and rules, and the use of deadly force by private citizens.
388 (d) (i) Each applicant for certification under this Subsection (8) shall pay a fee of
389 $50.00 at the time of application for initial certification.
390 (ii) The renewal fee for the certificate is $25.
391 (iii) The fees paid under Subsections (8)(d)(i) and (ii) may be used by the division as a
392 dedicated credit to cover the cost incurred in maintaining and improving the instruction
393 program required for concealed firearm instructors under this Subsection (8).
394 (9) A certified concealed firearms instructor shall provide each of the instructor's
395 students with the required course of instruction outline approved by the division.
396 (10) (a) (i) A concealed firearms instructor is required to provide a signed certificate to
397 a person successfully completing the offered course of instruction.
398 (ii) The instructor shall sign the certificate with the exact name indicated on the
399 instructor's certification issued by the division under Subsection (8).
400 (iii) (A) The certificate shall also have affixed to it the instructor's official seal, which
401 is the exclusive property of the instructor and may not be used by any other person.
402 (B) The instructor shall destroy the seal upon revocation or expiration of the
403 instructor's certification under Subsection (8).
404 (C) The division shall determine the design and content of the seal to include at least
405 the following:
406 (I) the instructor's name as it appears on the instructor's certification;
407 (II) the words "Utah Certified Concealed Firearms Instructor," "state of Utah," and
408 "my certification expires on (the instructor's certification expiration date)"; and
409 (III) the instructor's business or residence address.
410 (D) The seal shall be affixed to each student certificate issued by the instructor in a
411 manner that does not obscure or render illegible any information or signatures contained in the
413 (b) The applicant shall provide the certificate to the division in compliance with
414 Subsection (5)(d).
415 (11) The division may deny, suspend, or revoke the certification of a concealed
416 firearms instructor if it has reason to believe the applicant has:
417 (a) become ineligible to possess a firearm under Section 76-10-503 or federal law; or
418 (b) knowingly and willfully provided false information to the division.
419 (12) A concealed firearms instructor has the same appeal rights as set forth in
420 Subsection (15).
421 (13) In providing instruction and issuing a permit under this part, the concealed
422 firearms instructor and the licensing authority are not vicariously liable for damages caused by
423 the permit holder.
424 (14) An individual who knowingly and willfully provides false information on an
425 application filed under this part is guilty of a class B misdemeanor, and the application may be
426 denied, or the permit may be suspended or revoked.
427 (15) (a) In the event of a denial, suspension, or revocation of a permit, the applicant
428 may file a petition for review with the board within 60 days from the date the denial,
429 suspension, or revocation is received by the applicant by certified mail, return receipt
431 (b) The denial of a permit shall be in writing and shall include the general reasons for
432 the action.
433 (c) If an applicant appeals the denial to the review board, the applicant may have
434 access to the evidence upon which the denial is based in accordance with Title 63G, Chapter
435 2, Government Records Access and Management Act.
436 (d) On appeal to the board, the agency has the burden of proof by a preponderance of
437 the evidence.
438 (e) (i) Upon a ruling by the board on the appeal of a denial, the division shall issue a
439 final order within 30 days stating the board's decision.
440 (ii) The final order shall be in the form prescribed by Subsection 63G-4-203 (1)(i).
441 (iii) The final order is final agency action for purposes of judicial review under
442 Section 63G-4-402 .
443 (16) The commissioner may make rules in accordance with Title 63G, Chapter 3, Utah
444 Administrative Rulemaking Act, necessary to administer this chapter.
445 Section 4. Section 53-6-302 is amended to read:
446 53-6-302. Applicants for certification examination -- Requirements.
447 (1) Before being allowed to take a dispatcher certification examination, each applicant
448 shall meet the following requirements:
449 (a) be a United States citizen;
450 (b) be 18 years of age or older at the time of employment as a dispatcher;
451 (c) be a high school graduate or have a G.E.D. equivalent;
452 (d) have not been convicted of a crime for which the applicant could have been
453 punished by imprisonment in a federal penitentiary or by imprisonment in the penitentiary of
454 this or another state;
455 (e) have demonstrated good moral character, as determined by a background
456 investigation; and
457 (f) be free of any physical, emotional, or mental condition that might adversely affect
458 the performance of the applicant's duty as a dispatcher.
459 (2) (a) An application for certification shall be accompanied by a criminal history
460 background check of local, state, and national criminal history files and a background
462 (b) The costs of the background check and investigation shall be borne by the
463 applicant or the applicant's employing agency.
464 (i) Conviction of any offense not serious enough to be covered under Subsection
465 (1)(d), involving dishonesty, unlawful sexual conduct, physical violence, or the unlawful use,
466 sale, or possession for sale of a controlled substance is an indication that an applicant may not
467 be of good moral character and may be grounds for denial of certification or refusal to give a
468 certification examination.
469 (ii) An applicant may be allowed to take a certification examination provisionally,
470 pending completion of any background check or investigation required by this
471 Subsection (2).
472 (3) (a) Notwithstanding [
473 Utah Expungement Act, regarding expungements, or a similar statute or rule of any other
474 jurisdiction, any conviction obtained in this state or other jurisdiction, including a conviction
475 that has been expunged, dismissed, or treated in a similar manner to either of these procedures,
476 may be considered for purposes of this section.
477 (b) Subsection (3)(a) applies to convictions entered both before and after May 1, 1995.
478 (4) Any background check or background investigation performed pursuant to the
479 requirements of this section shall be to determine eligibility for admission to training programs
480 or qualification for certification examinations and may not be used as a replacement for any
481 background investigations that may be required of an employing agency.
482 Section 5. Section 53-10-202.5 is amended to read:
483 53-10-202.5. Bureau services -- Fees.
484 The bureau shall collect fees for the following services:
485 (1) applicant fingerprint card as determined by Section 53-10-108 ;
486 (2) bail enforcement licensing as determined by Section 53-11-115 ;
487 (3) concealed firearm permit as determined by Section 53-5-707 ;
488 (4) [
489 expungement as determined by Section [
490 (5) firearm purchase background check as determined by Section 76-10-526 ;
491 (6) name check as determined by Section 53-10-108 ;
492 (7) private investigator licensing as determined by Section 53-9-111 ; and
493 (8) right of access as determined by Section 53-10-108 .
494 Section 6. Section 53A-6-306 is amended to read:
495 53A-6-306. Purpose, powers, and duties of UPPAC.
496 (1) UPPAC shall:
497 (a) adopt rules consistent with applicable law and board rules to carry out its
498 responsibilities under this chapter;
499 (b) make recommendations to the board and professional organizations of educators:
500 (i) concerning standards of professional performance, competence, and ethical conduct
501 for persons holding licenses issued by the board; and
502 (ii) for the improvement of the education profession;
503 (c) establish procedures for receiving and acting upon reports or allegations regarding
504 immoral, unprofessional, or incompetent conduct, unfitness for duty, or other violations of
505 standards of ethical conduct, performance, or professional competence;
506 (d) investigate any allegation of sexual abuse of a student or a minor by an educator;
508 (e) establish the manner in which hearings are conducted and reported, and
509 recommendations are submitted to the board for its action.
510 (2) (a) UPPAC may conduct or authorize investigations relating to any matter before
512 (b) Those investigations shall be independent of and separate from any criminal
514 (c) In conducting an investigation UPPAC or an investigator operating under UPPAC
515 authorization may:
516 (i) administer oaths and issue subpoenas which may be enforced through the state
517 district courts;
518 (ii) receive any evidence related to an alleged offense, including sealed or expunged
519 records released to the board under Section [
520 (iii) where reasonable cause exists, initiate a criminal background check on a license
522 (d) (i) A license holder shall receive written notice if a fingerprint check is required as
523 a part of the background check.
524 (ii) Fingerprints of the individual shall be taken, and the Law Enforcement and
525 Technical Services Division of the Department of Public Safety shall release the individual's
526 full record, as shown on state, regional, and national records, to UPPAC.
527 (iii) UPPAC shall pay the cost of the background check except as provided under
528 Section 53A-6-401 , and the moneys collected shall be credited to the Law Enforcement and
529 Technical Services Division to offset its expenses.
530 (3) UPPAC is entitled to a rebuttable evidentiary presumption that a person has
531 committed a sexual offense against a minor child if the person has:
532 (a) after having had a reasonable opportunity to contest the allegation, been found
533 pursuant to a criminal, civil, or administrative action to have committed a sexual offense
534 against a minor child;
535 (b) pled guilty to a reduced charge in the face of a charge of having committed a
536 sexual offense against a minor child, entered a plea of no contest, entered into a plea in
537 abeyance resulting in subsequent dismissal of such a charge, or failed to defend himself
538 against such a charge when given reasonable opportunity to do so; or
539 (c) voluntarily surrendered a license or certificate or allowed a license or certificate to
540 lapse in the face of a charge of having committed a sexual offense against a minor child.
541 (4) In resolving a complaint UPPAC may:
542 (a) dismiss the complaint;
543 (b) issue a warning or reprimand;
544 (c) issue an order of probation requiring an educator to comply with specific
545 conditions in order to retain a license;
546 (d) enter into a written agreement requiring an educator to comply with certain
548 (e) recommend board action such as revocation or suspension of a license or
549 restriction or prohibition of licensure; or
550 (f) take other appropriate action.
551 (5) UPPAC may not:
552 (a) participate as a party in any dispute relating to negotiations between a school
553 district and its educators;
554 (b) take action against an educator without giving the individual an opportunity for a
555 fair hearing to contest the allegations upon which the action would be based; or
556 (c) take action against an educator unless it finds that the action or the failure of the
557 educator to act impairs the educator's ability to perform the functions of the educator's
559 Section 7. Section 76-8-504.6 is amended to read:
560 76-8-504.6. False or misleading information.
561 (1) A person is guilty of a class B misdemeanor if the person, not under oath or
562 affirmation, intentionally or knowingly [
563 information to:
564 (a) an officer of the court for the purpose of influencing a criminal proceeding; or
565 (b) the Bureau of Criminal Identification for the purpose of obtaining a certificate of
566 eligibility for expungement.
567 (2) For the purposes of this section "officer of the court" means:
568 (a) prosecutor;
569 (b) judge;
570 (c) court clerk;
571 (d) interpreter;
572 (e) presentence investigator;
573 (f) probation officer;
574 (g) parole officer; and
575 (h) any other person reasonably believed to be gathering information for a criminal
577 (3) This section does not apply under circumstances amounting to Section 76-8-306 or
578 any other provision of this code carrying a greater penalty.
579 Section 8. Section 77-27-21.5 is amended to read:
580 77-27-21.5. Sex and kidnap offenders -- Registration -- Information system --
581 Law enforcement and courts to report -- Penalty -- Effect of expungement.
582 (1) As used in this section:
583 (a) "Business day" means a day on which state offices are open for regular business.
584 (b) "Department" means the Department of Corrections.
585 (c) "Division" means the Division of Juvenile Justice Services.
586 (d) "Employed" or "carries on a vocation" includes employment that is full time or
587 part time, whether financially compensated, volunteered, or for the purpose of government or
588 educational benefit.
589 (e) "Indian Country" means:
590 (i) all land within the limits of any Indian reservation under the jurisdiction of the
591 United States government, regardless of the issuance of any patent, and includes rights-of-way
592 running through the reservation;
593 (ii) all dependent Indian communities within the borders of the United States whether
594 within the original or subsequently acquired territory, and whether or not within the limits of a
595 state; and
596 (iii) all Indian allotments, including the Indian allotments to which the Indian titles to
597 have not been extinguished, including rights-of-way running through the allotments.
598 (f) "Jurisdiction" means any state, Indian Country, or United States Territory.
599 (g) "Kidnap offender" means any person other than a natural parent of the victim who:
600 (i) has been convicted in this state of a violation of:
601 (A) Section 76-5-301 , kidnapping;
602 (B) Section 76-5-301.1 , child kidnapping;
603 (C) Section 76-5-302 , aggravated kidnapping; or
604 (D) attempting, soliciting, or conspiring to commit any felony offense listed in
605 Subsections (1)(g)(i)(A) through (C);
606 (ii) has been convicted of any crime, or an attempt, solicitation, or conspiracy to
607 commit a crime in another jurisdiction that is substantially equivalent to the offenses listed in
608 Subsection (1)(g)(i) and who is:
609 (A) a Utah resident; or
610 (B) not a Utah resident, but who, in any 12 month period, is in this state for a total of
611 10 or more days, regardless of whether or not the offender intends to permanently reside in this
613 (iii) is required to register as an offender in any other jurisdiction, and who, in any 12
614 month period, is in this state for a total of 10 or more days, regardless of whether or not the
615 offender intends to permanently reside in this state;
616 (iv) is a nonresident regularly employed or working in this state, or who is a student in
617 this state, and was convicted of one or more offenses listed in Subsection (1)(g), or any
618 substantially equivalent offense in another jurisdiction, or as a result of the conviction, is
619 required to register in the person's state of residence;
620 (v) is found not guilty by reason of insanity in this state or in any other jurisdiction of
621 one or more offenses listed in Subsection (1)(g); or
622 (vi) is adjudicated delinquent based on one or more offenses listed in Subsection
623 (1)(g)(i) and who has been committed to the division for secure confinement and remains in
624 the division's custody 30 days prior to the person's 21st birthday.
625 (h) "Natural parent" means a minor's biological or adoptive parent, and includes the
626 minor's noncustodial parent.
627 (i) "Offender" means a kidnap offender as defined in Subsection (1)(g) or a sex
628 offender as defined in Subsection (1)(n).
629 (j) "Online identifier" or "Internet identifier":
630 (i) means any electronic mail, chat, instant messenger, social networking, or similar
631 name used for Internet communication; and
632 (ii) does not include date of birth, Social Security number, PIN number, or Internet
634 (k) "Primary residence" means the location where the offender regularly resides, even
635 if the offender intends to move to another location or return to another location at any future
637 (l) "Register" means to comply with the requirements of this section and
638 administrative rules of the department made under this section.
639 (m) "Secondary residence" means any real property that the offender owns or has a
640 financial interest in, and any location where, in any 12 month period, the offender stays
641 overnight a total of 10 or more nights when not staying at the offender's primary residence.
642 (n) "Sex offender" means any person:
643 (i) convicted in this state of:
644 (A) a felony or class A misdemeanor violation of Section 76-4-401 , enticing a minor;
645 (B) a felony or class A misdemeanor violation of Section 76-9-702.7 , voyeurism;
646 (C) a felony violation of Section 76-5-401 , unlawful sexual activity with a minor;
647 (D) Section 76-5-401.1 , sexual abuse of a minor;
648 (E) Section 76-5-401.2 , unlawful sexual conduct with a 16 or 17 year old;
649 (F) Section 76-5-402 , rape;
650 (G) Section 76-5-402.1 , rape of a child;
651 (H) Section 76-5-402.2 , object rape;
652 (I) Section 76-5-402.3 , object rape of a child;
653 (J) a felony violation of Section 76-5-403 , forcible sodomy;
654 (K) Section 76-5-403.1 , sodomy on a child;
655 (L) Section 76-5-404 , forcible sexual abuse;
656 (M) Section 76-5-404.1 , sexual abuse of a child or aggravated sexual abuse of a child;
657 (N) Section 76-5-405 , aggravated sexual assault;
658 (O) Section 76-5a-3 , sexual exploitation of a minor;
659 (P) Section 76-7-102 , incest;
660 (Q) Subsection 76-9-702 (1), lewdness, if the person has been convicted of the offense
661 four or more times;
662 (R) Subsection 76-9-702 (3), sexual battery, if the person has been convicted of the
663 offense four or more times;
664 (S) any combination of convictions of Subsection 76-9-702 (1), lewdness, and of
665 Subsection 76-9-702 (3), sexual battery, that total four or more convictions;
666 (T) Section 76-9-702.5 , lewdness involving a child;
667 (U) Section 76-10-1306 , aggravated exploitation of prostitution; or
668 (V) attempting, soliciting, or conspiring to commit any felony offense listed in
669 Subsection (1)(n)(i);
670 (ii) who has been convicted of any crime, or an attempt, solicitation, or conspiracy to
671 commit a crime in another jurisdiction that is substantially equivalent to the offenses listed in
672 Subsection (1)(n)(i) and who is:
673 (A) a Utah resident; or
674 (B) not a Utah resident, but who, in any 12 month period, is in this state for a total of
675 10 or more days, regardless of whether the offender intends to permanently reside in this state;
676 (iii) who is required to register as an offender in any other jurisdiction, and who, in
677 any 12 month period, is in the state for a total of 10 or more days, regardless of whether or not
678 the offender intends to permanently reside in this state;
679 (iv) who is a nonresident regularly employed or working in this state or who is a
680 student in this state and was convicted of one or more offenses listed in Subsection (1)(n)(i),
681 or any substantially equivalent offense in any jurisdiction, or as a result of the conviction, is
682 required to register in the person's jurisdiction of residence;
683 (v) who is found not guilty by reason of insanity in this state, or in any other
684 jurisdiction of one or more offenses listed in Subsection (1)(n)(i); or
685 (vi) who is adjudicated delinquent based on one or more offenses listed in Subsection
686 (1)(n)(i) and who has been committed to the division for secure confinement and remains in
687 the division's custody 30 days prior to the person's 21st birthday.
688 (o) "Vehicle" means any motor vehicle, aircraft, or watercraft subject to registration in
689 any jurisdiction.
690 (2) The department, to assist in investigating sex-related crimes and in apprehending
691 offenders, shall:
692 (a) develop and operate a system to collect, analyze, maintain, and disseminate
693 information on offenders and sex and kidnap offenses;
694 (b) make information listed in Subsection (27) available to the public; and
695 (c) share information provided by an offender under this section that may not be made
696 available to the public under Subsection (27), but only:
697 (i) for the purposes under this Subsection (2); or
698 (ii) in accordance with Section 63G-2-206 .
699 (3) Any law enforcement agency shall, in the manner prescribed by the department,
700 inform the department of:
701 (a) the receipt of a report or complaint of an offense listed in Subsection (1)(g) or (n),
702 within three business days; and
703 (b) the arrest of a person suspected of any of the offenses listed in Subsection (1)(g) or
704 (n), within five business days.
705 (4) Upon convicting a person of any of the offenses listed in Subsection (1)(g) or (n),
706 the convicting court shall within three business days forward a copy of the judgment and
707 sentence to the department.
708 (5) An offender in the custody of the department shall be registered by agents of the
709 department upon:
710 (a) placement on probation;
711 (b) commitment to a secure correctional facility operated by or under contract to the
713 (c) release from confinement to parole status, termination or expiration of sentence, or
715 (d) entrance to and release from any community-based residential program operated by
716 or under contract to the department; or
717 (e) termination of probation or parole.
718 (6) An offender who is not in the custody of the department and who is confined in a
719 correctional facility not operated by or under contract to the department shall be registered
720 with the department by the sheriff of the county in which the offender is confined, upon:
721 (a) commitment to the correctional facility; and
722 (b) release from confinement.
723 (7) An offender in the custody of the division shall be registered with the department
724 by the division prior to release from custody.
725 (8) An offender committed to a state mental hospital shall be registered with the
726 department by the hospital upon admission and upon discharge.
727 (9) (a) (i) A municipal or county law enforcement agency shall register an offender
728 who resides within the agency's jurisdiction and is not under the supervision of the Division of
729 Adult Probation and Parole within the department.
730 (ii) In order to conduct offender registration under this section, the agency shall ensure
731 the agency staff responsible for registration:
732 (A) has received initial training by the department and has been certified by the
733 department as qualified and authorized to conduct registrations and enter offender registration
734 information into the registry database; and
735 (B) certify annually with the department.
736 (b) (i) When the department receives offender registration information regarding a
737 change of an offender's primary residence location, the department shall within five days
738 electronically notify the law enforcement agencies that have jurisdiction over the area where:
739 (A) the residence that the offender is leaving is located; and
740 (B) the residence to which the offender is moving is located.
741 (ii) The department shall provide notification under this Subsection (9)(b) if the
742 offender's change of address is between law enforcement agency jurisdictions, or is within one
744 (c) The department shall make available to offenders required to register under this
745 section the name of the agency, whether it is a local law enforcement agency or the
746 department, that the offender should contact to register, the location for registering, and the
747 requirements of registration.
748 (10) An offender convicted by any other jurisdiction is required to register under
749 Subsection (1)(g) or (n) and Subsection (12) and shall register with the department within 10
750 days of entering the state, regardless of the offender's length of stay.
751 (11) (a) An offender required to register under Subsection (1)(g) or (n) who is under
752 supervision by the department shall register with Division of Adult Probation and Parole.
753 (b) An offender required to register under Subsection (1)(g) or (n) who is no longer
754 under supervision by the department shall register with the police department or sheriff's office
755 that has jurisdiction over the area where the offender resides.
756 (12) (a) Except as provided in Subsections (12)(b), (c), and (d), an offender shall, for
757 the duration of the sentence and for 10 years after termination of sentence or custody of the
758 division, register every year during the month of the offender's birth, during the month that is
759 the sixth month after the offender's birth month, and also within three business days of every
760 change of the offender's primary residence, any secondary residences, place of employment,
761 vehicle information, or educational information required to be submitted under Subsection
763 (b) Except as provided Subsections (12)(c) and (d), an offender who is convicted in
764 another jurisdiction of an offense listed in Subsection (1)(g)(i) or (n)(i), a substantially similar
765 offense, or any other offense that requires registration in the jurisdiction of conviction, shall:
766 (i) register for the time period, and in the frequency, required by the jurisdiction where
767 the offender was convicted if that jurisdiction's registration period or registration frequency
768 requirement for the offense that the offender was convicted of is greater than the 10 years from
769 completion of the sentence registration period that is required under Subsection (12)(a), or is
770 more frequent than every six months; or
771 (ii) register in accordance with the requirements of Subsection (12)(a), if the
772 jurisdiction's registration period or frequency requirement for the offense that the offender was
773 convicted of is less than the registration period required under Subsection (12)(a), or is less
774 frequent than every six months.
775 (c) (i) (A) An offender convicted as an adult of any of the offenses listed in Subsection
776 (12)(c)(ii) shall, for the offender's lifetime, register every year during the month of the
777 offender's birth, during the month that is the sixth month after the offender's birth month, and
778 also within three business days of every change of the offender's primary residence, any
779 secondary residences, place of employment, vehicle information, or educational information
780 required to be submitted under Subsection (14).
781 (B) This registration requirement is not subject to exemptions and may not be
782 terminated or altered during the offender's lifetime.
783 (ii) Offenses referred to in Subsection (12)(c)(i) are:
784 (A) any offense listed in Subsection (1)(g) or (n) if, at the time of the conviction, the
785 offender has previously been convicted of an offense listed in Subsection (1)(g) or (n) or has
786 previously been required to register as a sex offender for an offense committed as a juvenile;
787 (B) a conviction for any of the following offenses, including attempting, soliciting, or
788 conspiring to commit any felony of:
789 (I) Section 76-5-301.1 , child kidnapping, except if the offender is a natural parent of
790 the victim;
791 (II) Section 76-5-402 , rape;
792 (III) Section 76-5-402.1 , rape of a child;
793 (IV) Section 76-5-402.2 , object rape;
794 (V) Section 76-5-402.3 , object rape of a child;
795 (VI) Section 76-5-403.1 , sodomy on a child;
796 (VII) Subsection 76-5-404.1 (4), aggravated sexual abuse of a child; or
797 (VIII) Section 76-5-405 , aggravated sexual assault;
798 (C) Section 76-4-401 , a felony violation of enticing a minor over the Internet;
799 (D) Section 76-5-302 , aggravated kidnapping, except if the offender is a natural parent
800 of the victim;
801 (E) Section 76-5-403 , forcible sodomy;
802 (F) Section 76-5-404.1 , sexual abuse of a child; or
803 (G) Section 76-5a-3 , sexual exploitation of a minor.
804 (d) Notwithstanding Subsections (12)(a), (b), and (c), an offender who is confined in a
805 secure facility or in a state mental hospital is not required to register during the period of
807 (e) An offender who is required to register under this Subsection (12) shall surrender
808 the offender's license, certificate, or identification card as required under Subsection
809 53-3-216 (3) or 53-3-807 (4) and may apply for a license certificate or identification card as
810 provided under Section 53-3-205 or 53-3-804 .
811 (f) A sex offender who violates Section 77-27-21.8 while required to register under
812 this section shall register for an additional five years subsequent to the registration period
813 otherwise required under this section.
814 (13) An agency in the state that registers an offender on probation, an offender who
815 has been released from confinement to parole status or termination, or an offender whose
816 sentence has expired shall inform the offender of the duty to comply with:
817 (a) the continuing registration requirements of this section during the period of
818 registration required in Subsection (12), including:
819 (i) notification to the state agencies in the states where the registrant presently resides
820 and plans to reside when moving across state lines;
821 (ii) verification of address at least every 60 days pursuant to a parole agreement for
822 lifetime parolees; and
823 (iii) notification to the out-of-state agency where the offender is living, whether or not
824 the offender is a resident of that state; and
825 (b) the driver license certificate or identification card surrender requirement under
826 Subsection 53-3-216 (3) or 53-3-807 (4) and application provisions under Section 53-3-205 or
827 53-3-804 .
828 (14) An offender shall provide the department or the registering entity with the
829 following information:
830 (a) all names and aliases by which the offender is or has been known;
831 (b) the addresses of the offender's primary and secondary residences;
832 (c) a physical description, including the offender's date of birth, height, weight, eye
833 and hair color;
834 (d) the make, model, color, year, plate number, and vehicle identification number of
835 any vehicle or vehicles the offender owns or regularly drives;
836 (e) a current photograph of the offender;
837 (f) a set of fingerprints, if one has not already been provided;
838 (g) a DNA specimen, taken in accordance with Section 53-10-404 , if one has not
839 already been provided;
840 (h) telephone numbers and any other designations used by the offender for routing or
841 self-identification in telephonic communications from fixed locations or cellular telephones;
842 (i) Internet identifiers and the addresses the offender uses for routing or
843 self-identification in Internet communications or postings;
844 (j) the name and Internet address of all websites on which the sex offender is
845 registered using an online identifier, including all online identifiers used to access those
847 (k) a copy of the offender's passport, if a passport has been issued to the offender;
848 (l) if the offender is an alien, all documents establishing the offender's immigration
850 (m) all professional licenses that authorize the offender to engage in an occupation or
851 carry out a trade or business, including any identifiers, such as numbers;
852 (n) each educational institution in Utah at which the offender is employed, carries on a
853 vocation, or is a student, and any change of enrollment or employment status of the offender at
854 any educational institution;
855 (o) the name and the address of any place where the offender is employed or will be
857 (p) the name and the address of any place where the offender works as a volunteer or
858 will work as a volunteer; and
859 (q) the offender's Social Security number.
860 (15) The department shall:
861 (a) provide the following additional information when available:
862 (i) the crimes the offender has been convicted of or adjudicated delinquent for;
863 (ii) a description of the offender's primary and secondary targets; and
864 (iii) any other relevant identifying information as determined by the department;
865 (b) maintain the Sex Offender Notification and Registration website; and
866 (c) ensure that the registration information collected regarding an offender's
867 enrollment or employment at an educational institution is:
868 (i) (A) promptly made available to any law enforcement agency that has jurisdiction
869 where the institution is located if the educational institution is an institution of higher
870 education; or
871 (B) promptly made available to the district superintendent of the school district where
872 the offender is enrolled if the educational institution is an institution of primary education; and
873 (ii) entered into the appropriate state records or data system.
874 (16) (a) An offender who knowingly fails to register under this section or provides
875 false or incomplete information is guilty of:
876 (i) a third degree felony and shall be sentenced to serve a term of incarceration for not
877 less than 90 days and also at least one year of probation if:
878 (A) the offender is required to register for a felony conviction or adjudicated
879 delinquent for what would be a felony if the juvenile were an adult of an offense listed in
880 Subsection (1)(g)(i) or (n)(i); or
881 (B) the offender is required to register for the offender's lifetime under Subsection
882 (12)(c); or
883 (ii) a class A misdemeanor and shall be sentenced to serve a term of incarceration for
884 not fewer than 90 days and also at least one year of probation if the offender is required to
885 register for a misdemeanor conviction or is adjudicated delinquent for what would be a
886 misdemeanor if the juvenile were an adult of an offense listed in Subsection (1)(g)(i) or (n)(i).
887 (b) Neither the court nor the Board of Pardons and Parole may release a person who
888 violates this section from serving the term required under Subsection (16)(a). This Subsection
889 (16)(b) supersedes any other provision of the law contrary to this section.
890 (c) The offender shall register for an additional year for every year in which the
891 offender does not comply with the registration requirements of this section.
892 (17) Notwithstanding Title 63G, Chapter 2, Government Records Access and
893 Management Act, information under Subsection (15) that is collected and released under
894 Subsection (27) is public information, unless otherwise restricted under Subsection (2)(c).
895 (18) (a) If an offender is to be temporarily sent outside a secure facility in which the
896 offender is confined on any assignment, including, without limitation, firefighting or disaster
897 control, the official who has custody of the offender shall, within a reasonable time prior to
898 removal from the secure facility, notify the local law enforcement agencies where the
899 assignment is to be filled.
900 (b) This Subsection (18) does not apply to any person temporarily released under
901 guard from the institution in which the person is confined.
902 (19) Notwithstanding [
903 Title 77, Chapter 40, Utah Expungement Act, a person convicted of any offense listed in
904 Subsection (1)(g) or (n) is not relieved from the responsibility to register as required under this
906 (20) Notwithstanding Section 42-1-1 , an offender:
907 (a) may not change the offender's name:
908 (i) while under the jurisdiction of the department; and
909 (ii) until the registration requirements of this statute have expired; and
910 (b) may not change the offender's name at any time, if registration is for life under
911 Subsection (12)(c).
912 (21) The department may make administrative rules necessary to implement this
913 section, including:
914 (a) the method for dissemination of the information; and
915 (b) instructions to the public regarding the use of the information.
916 (22) Any information regarding the identity or location of a victim shall be redacted
917 by the department from information provided under Subsections (14) and (15).
918 (23) This section does not create or impose any duty on any person to request or
919 obtain information regarding any sex offender from the department.
920 (24) The department shall maintain a Sex Offender Notification and Registration
921 website on the Internet, which shall contain a disclaimer informing the public:
922 (a) the information contained on the site is obtained from offenders and the
923 department does not guarantee its accuracy or completeness;
924 (b) members of the public are not allowed to use the information to harass or threaten
925 offenders or members of their families; and
926 (c) harassment, stalking, or threats against offenders or their families are prohibited
927 and doing so may violate Utah criminal laws.
928 (25) The Sex Offender Notification and Registration website shall be indexed by both
929 the surname of the offender and by postal codes.
930 (26) The department shall construct the Sex Offender Notification and Registration
931 website so that users, before accessing registry information, must indicate that they have read
932 the disclaimer, understand it, and agree to comply with its terms.
933 (27) The Sex Offender Notification and Registration website shall include the
934 following registry information:
935 (a) all names and aliases by which the offender is or has been known, but not
936 including any online or Internet identifiers;
937 (b) the addresses of the offender's primary, secondary, and temporary residences;
938 (c) a physical description, including the offender's date of birth, height, weight, and
939 eye and hair color;
940 (d) the make, model, color, year, and plate number of any vehicle or vehicles the
941 offender owns or regularly drives;
942 (e) a current photograph of the offender;
943 (f) a list of all professional licenses that authorize the offender to engage in an
944 occupation or carry out a trade or business;
945 (g) each educational institution in Utah at which the offender is employed, carries on a
946 vocation, or is a student;
947 (h) a list of places where the offender works as a volunteer; and
948 (i) the crimes listed in Subsections (1)(g) and (1)(n) that the offender has been
949 convicted of or for which the offender has been adjudicated delinquent in juvenile court.
950 (28) The department, its personnel, and any individual or entity acting at the request or
951 upon the direction of the department are immune from civil liability for damages for good
952 faith compliance with this section and will be presumed to have acted in good faith by
953 reporting information.
954 (29) The department shall redact information that, if disclosed, could reasonably
955 identify a victim.
956 (30) (a) Each offender required to register under Subsection (12) shall, in the month of
957 the offender's birth, pay to the department an annual fee of $100 each year the offender is
958 subject to the registration requirements of this section.
959 (b) Notwithstanding Subsection (30)(a), an offender who is confined in a secure
960 facility or in a state mental hospital is not required to pay the annual fee.
961 (c) The department shall deposit fees under this Subsection (30) in the General Fund
962 as a dedicated credit, to be used by the department for maintaining the offender registry under
963 this section and monitoring offender registration compliance, including the costs of:
964 (i) data entry;
965 (ii) processing registration packets;
966 (iii) updating registry information;
967 (iv) ensuring offender compliance with registration requirements under this section;
969 (v) apprehending offenders who are in violation of the offender registration
970 requirements under this section.
971 (31) Notwithstanding Subsections (2)(c) and (14)(i) and (j), a sex offender is not
972 required to provide the department with:
973 (a) the offender's online identifier and password used exclusively for the offender's
974 employment on equipment provided by an employer and used to access the employer's private
975 network; or
976 (b) online identifiers for the offender's financial accounts, including any bank,
977 retirement, or investment accounts.
978 Section 9. Section 77-38-14 is amended to read:
979 77-38-14. Notice of expungement petition -- Victim's right to object.
980 (1) The Department of Corrections or the Juvenile Probation Department shall prepare
981 a document explaining the right of a victim or a victim's representative to object to a petition
982 for expungement under Section [
983 obtaining notice of any such petition. The department or division shall also provide each trial
984 court a copy of the document which has jurisdiction over delinquencies or criminal offenses
985 subject to expungement.
986 (2) The prosecuting attorney in any case leading to a conviction or an adjudication
987 subject to expungement shall provide a copy of the document to each person who would be
988 entitled to notice of a petition for expungement under Sections [
989 78A-6-1105 .
990 Section 10. Section 77-40-101 is enacted to read:
992 77-40-101. Title.
993 This chapter is known as the "Utah Expungement Act."
994 Section 11. Section 77-40-102 , which is renumbered from Section 77-18-9 is
995 renumbered and amended to read:
997 As used in this chapter:
998 (1) "Administrative finding" means a decision upon a question of fact reached by an
999 administrative agency following an administrative hearing or other procedure satisfying the
1000 requirements of due process.
1001 (2) "Agency" means a state, county, or local government entity that generates or
1002 maintains records relating to an investigation, arrest, detention, or conviction for an offense for
1003 which expungement may be ordered.
1004 (3) "Bureau" means the Bureau of Criminal Identification of the Department of Public
1005 Safety established in Section 53-10-201 .
1007 stating that the criminal record which is the subject of a petition for expungement is eligible
1008 for expungement.
1010 guilty after trial, a plea of guilty, or a plea of nolo contendere.
1016 (7) "Expunge" means to seal or otherwise restrict access to the petitioner's record of
1017 arrest, investigation, detention, or conviction held by an agency.
1019 subdivision, territory, or possession of the United States or any foreign country.
1035 Section 12. Section 77-40-103 is enacted to read:
1036 77-40-103. Expungement procedure overview.
1037 The process for the expungement of records regarding the arrest, investigation,
1038 detention, and conviction of a petitioner in this state is as follows:
1039 (1) The petitioner shall apply to the bureau for a certificate of eligibility for
1040 expungement and pay the application fee established by the department.
1041 (2) Once the eligibility process is complete, the bureau shall notify the petitioner.
1042 (3) If the petitioner is qualified to receive a certificate of eligibility for expungement,
1043 the petitioner shall pay the issuance fee established by the department.
1044 (4) The petitioner shall file the certificate of eligibility with a petition for expungement
1045 in the court in which the proceedings occurred. If there were no court proceedings, the
1046 petition may be filed in the district court where the arrest occurred.
1047 (5) The petitioner shall deliver a copy of the petition and certificate to the
1048 prosecutorial office that handled the court proceedings. If there were no court proceedings, the
1049 copy of the petition and certificate shall be delivered to the county attorney's office in the
1050 jurisdiction where the arrest occurred.
1051 (6) If an objection to the petition is filed by the prosecutor or victim, a hearing shall be
1052 set by the court and the prosecutor and victim notified of the date.
1053 (7) If the court requests a response from Adult Probation and Parole and a response is
1054 received, the petitioner may file a written reply to the response within 15 days of receipt of the
1056 (8) An expungement may be granted without a hearing if no objection is received.
1057 (9) Upon receipt of an order of expungement, the petitioner shall deliver copies to all
1058 government agencies in possession of records relating to the expunged matter.
1059 Section 13. Section 77-40-104 is enacted to read:
1060 77-40-104. Eligibility for expungement of records of arrest, investigation, and
1061 detention -- Requirements.
1062 (1) A person who has been arrested with or without a warrant may apply to the bureau
1063 for a certificate of eligibility to expunge all records of arrest, investigation, and detention
1064 which may have been made in the case, subject to the following conditions:
1065 (a) at least 30 days have passed since the arrest for which a certificate of eligibility is
1067 (b) there have been no intervening arrests; and
1068 (c) one of the following occurred:
1069 (i) charges were screened by the investigating law enforcement agency and the
1070 prosecutor has made a final determination that no charges will be filed;
1071 (ii) the action against the person was dismissed with prejudice;
1072 (iii) the person was acquitted at trial; or
1073 (iv) the statute of limitations has expired on the offense.
1074 (2) Notwithstanding Subsection (1)(a), a petitioner seeking expungement under
1075 Subsection (1)(c)(iii) shall be issued a certificate of eligibility on an expedited basis.
1076 Section 14. Section 77-40-105 is enacted to read:
1077 77-40-105. Eligibility for expungement of conviction -- Requirements.
1078 (1) A person convicted of a crime may apply to the bureau for a certificate of
1079 eligibility to expunge the record of conviction as provided in this section.
1080 (2) A petitioner is not eligible to receive a certificate of eligibility from the bureau if:
1081 (a) the conviction for which expungement is sought is:
1082 (i) a capital felony;
1083 (ii) a first degree felony;
1084 (iii) a violent felony as defined in Subsection 76-3-203.5 (1)(c)(i);
1085 (iv) automobile homicide;
1086 (v) a felony violation of Subsection 41-6a-501 (2); or
1087 (vi) a registerable sex offense as defined in Subsection 77-27-21.5 (1)(n);
1088 (b) a proceeding involving a crime is pending or being investigated in any jurisdiction
1089 against the petitioner; or
1090 (c) the petitioner intentionally or knowingly provides false or misleading information
1091 on the application for a certificate of eligibility.
1092 (3) A petitioner seeking to obtain expungement for a criminal record is not eligible to
1093 receive a certificate of eligibility from the bureau until all of the following have occurred:
1094 (a) all fines and interest ordered by the court have been paid in full;
1095 (b) all restitution ordered by the court pursuant to Section 77-38a-302 , or by the Board
1096 of Pardons and Parole pursuant to Section 77-27-6 , has been paid in full; and
1097 (c) the following time periods have elapsed from the date the petitioner was convicted
1098 or released from incarceration, parole, or probation, whichever occurred last, for each
1099 conviction the petitioner seeks to expunge:
1100 (i) 10 years in the case of a misdemeanor conviction of Subsection 41-6a-501 (2) or a
1101 felony violation of Subsection 58-37-8 (2)(g);
1102 (ii) seven years in the case of a felony;
1103 (iii) five years in the case of a class A misdemeanor;
1104 (iv) four years in the case of a class B misdemeanor; or
1105 (v) three years in the case of any other misdemeanor or infraction.
1106 (4) The bureau may not issue a certificate of eligibility if, at the time the petitioner
1107 seeks a certificate of eligibility, the bureau determines that the petitioner's criminal history,
1108 including previously expunged convictions, contains any of the following:
1109 (a) two or more felony convictions, each of which is contained in a separate criminal
1111 (b) any combination of three or more convictions that include two class A
1112 misdemeanor convictions, each of which is contained in a separate criminal episode;
1113 (c) any combination of four or more convictions that include three class B
1114 misdemeanor convictions, each of which is contained in a separate criminal episode; or
1115 (d) five or more convictions of any degree whether misdemeanor or felony, excluding
1116 infractions, each of which is contained in a separate criminal episode.
1117 (5) If the petitioner has received a pardon from the Utah Board of Pardons and Parole,
1118 the petitioner is entitled to a certificate of eligibility for all pardoned crimes.
1119 Section 15. Section 77-40-106 is enacted to read:
1120 77-40-106. Application for certificate of eligibility -- Fees.
1121 (1) (a) A petitioner seeking to obtain an expungement for a criminal record shall apply
1122 for a certificate of eligibility from the bureau.
1123 (b) A petitioner who intentionally or knowingly provides any false or misleading
1124 information to the bureau when applying for a certificate of eligibility is guilty of a class B
1125 misdemeanor and subject to prosecution under Section 76-8-504.6 .
1126 (c) Regardless of whether the petitioner is prosecuted, the bureau may deny a
1127 certificate of eligibility to anyone providing false information on an application.
1128 (2) (a) The bureau shall perform a check of records of governmental agencies,
1129 including national criminal data bases, to determine whether a petitioner is eligible to receive a
1130 certificate of eligibility under this chapter.
1131 (b) For purposes of determining eligibility under this chapter, the bureau may review
1132 records of arrest, investigation, detention and conviction that have been previously expunged,
1133 regardless of the jurisdiction in which the expungement occurred.
1134 (c) If the petitioner meets all of the criteria under Section 77-40-104 or 77-40-105 , the
1135 bureau shall issue a certificate of eligibility to the petitioner which shall be valid for a period
1136 of 90 days from the date the certificate is issued.
1137 (d) If, after reasonable research, a disposition for an arrest on the criminal history file
1138 is unobtainable, the bureau may issue a special certificate giving determination of eligibility to
1139 the court.
1140 (3) (a) The bureau shall charge application and issuance fees for a certificate of
1141 eligibility in accordance with the process in Section 63J-1-504 .
1142 (b) The application fee shall be paid at the time the petitioner submits an application
1143 for a certificate of eligibility to the bureau.
1144 (c) If the bureau determines that the issuance of a certificate of eligibility is
1145 appropriate, the petitioner will be charged an additional fee for the issuance of a certificate of
1146 eligibility unless Subsection (3)(d) applies.
1147 (d) An issuance fee may not be assessed against a petitioner who qualifies for a
1148 certificate of eligibility under Section 77-40-104 unless the charges were dismissed pursuant
1149 to a plea in abeyance agreement under Title 77, Chapter 2a, Pleas in Abeyance, or a diversion
1150 agreement under Title 77, Chapter 2, Prosecution, Screening, and Diversion.
1151 (e) Funds generated under this Subsection (3) shall be deposited in the General Fund
1152 as a dedicated credit by the department to cover the costs incurred in determining eligibility.
1153 Section 16. Section 77-40-107 is enacted to read:
1154 77-40-107. Petition for expungement -- Prosecutorial responsibility-- Hearing --
1155 Standard of proof -- Exception.
1156 (1) The petitioner shall file a petition for expungement and the certificate of eligibility
1157 in the court specified in Section 77-40-103 and deliver a copy of the petition and certificate to
1158 the prosecuting agency.
1159 (2) (a) Upon receipt of a petition for expungement of a conviction, the prosecuting
1160 attorney shall provide notice of the expungement request by first-class mail to the victim at the
1161 most recent address of record on file.
1162 (b) The notice shall include a copy of the petition, certificate of eligibility, statutes and
1163 rules applicable to the petition, state that the victim has a right to object to the expungement,
1164 and provide instructions for registering an objection with the court.
1165 (3) The prosecuting attorney and the victim, if applicable, may respond to the petition
1166 by filing a recommendation or objection with the court within 30 days after receipt of the
1168 (4) (a) The court may request a written response to the petition from the Division of
1169 Adult Probation and Parole within the Department of Corrections.
1170 (b) If requested, the response prepared by Adult Probation and Parole shall include:
1171 (i) the reasons probation was terminated; and
1172 (ii) certification that the petitioner has completed all requirements of sentencing and
1173 probation or parole.
1174 (c) A copy of the response shall be provided to the petitioner and the prosecuting
1176 (5) The petitioner may respond in writing to any objections filed by the prosecutor or
1177 the victim and the response prepared by Adult Probation and Parole within 15 days after
1179 (6) (a) If the court receives an objection concerning the petition from any party, the
1180 court shall set a date for a hearing and notify the petitioner, the prosecuting attorney, and the
1181 victim of the date set for the hearing.
1182 (b) The petitioner, the prosecuting attorney, the victim, and any other person who has
1183 relevant information about the petitioner may testify at the hearing.
1184 (c) The court shall review the petition, the certificate of eligibility, and any written
1185 responses submitted regarding the petition.
1186 (7) If no objection is received within 60 days from the date the petition for
1187 expungement was filed with the court, the expungement may be granted without a hearing.
1188 (8) The court shall issue an order of expungement if it finds by clear and convincing
1189 evidence that:
1190 (a) the petition and certificate of eligibility are sufficient;
1191 (b) the statutory requirements have been met; and
1192 (c) it is not contrary to the interests of the public to grant the expungement.
1193 (9) A court may not expunge a conviction of an offense for which a certificate of
1194 eligibility may not be or should not have been issued under Section 77-40-104 or 77-40-105 .
1195 Section 17. Section 77-40-108 , which is renumbered from Section 77-18-14 is
1196 renumbered and amended to read:
1198 Administrative proceedings -- Bureau requirements.
1205 (1) The petitioner shall be responsible for delivering a copy of the order of
1206 expungement to all affected agencies and officials including the court, arresting agency,
1207 booking agency, Department of Corrections, and the bureau.
1208 (2) Unless otherwise provided by law or ordered by a court of competent jurisdiction
1209 to respond differently, a person who has received an expungement of an arrest or conviction
1210 under this chapter may respond to any inquiry as though the arrest or conviction did not occur.
1211 (3) The [
1212 Bureau of Investigation.
1213 (4) An agency receiving an expungement order shall expunge the petitioner's
1214 identifying information contained in records in its possession relating to the incident for which
1215 expungement is ordered.
1222 (5) Unless ordered by a court to do so, a government agency or official may not
1223 divulge identifying information regarding the petitioner contained in a record of arrest,
1224 investigation, detention, or conviction after receiving an expungement order.
1225 (6) (a) An order of expungement [
1226 dissemination of records in its ordinary course of business until the agency has received
1228 (b) Any action taken by an agency after issuance of the order but prior to the agency's
1229 receipt of a copy of the order may not be invalidated by the order.
1230 (7) An order of expungement may not:
1231 (a) terminate or invalidate any pending administrative proceedings or actions of which
1232 the petitioner had notice according to the records of the administrative body prior to issuance
1233 of the expungement order;
1234 (b) affect the enforcement of any order or findings issued by an administrative body
1235 pursuant to its lawful authority prior to issuance of the expungement order; or
1236 (c) remove any evidence relating to the petitioner including records of arrest, which
1237 the administrative body has used or may use in these proceedings.
1238 (8) The [
1239 with a list of [
1243 Section 18. Section 77-40-109 , which is renumbered from Section 77-18-15 is
1244 renumbered and amended to read:
1246 (1) The [
1247 arrests and convictions.
1248 (2) Employees of the [
1249 its index to any person or agency without a court order[
1250 specifically authorized by statute. The following organizations may receive information
1251 contained in expunged records upon specific request:
1252 (a) the Board of Pardons and Parole;
1253 (b) [
1254 (c) federal authorities, unless prohibited by federal law;
1255 (d) the Division of Occupational and Professional Licensing; and
1256 (e) the State Office of Education.
1257 (3) The [
1259 53-5-704 .
1267 (4) If, after obtaining an expungement, the petitioner is charged with a felony, the state
1268 may petition the court to open the expunged records upon a showing of good cause.
1270 under this [
1271 (b) The records are confidential and are available for inspection only by the court,
1272 parties, counsel for the parties, and any other person who is authorized by the court to inspect
1274 (c) At the end of the action or proceeding, the court shall order the records [
1275 expunged again.
1276 (d) Any person authorized by this Subsection (5) to view expunged records may not
1277 reveal or release any information obtained from the expunged records to anyone outside the
1280 Section 63G-2-305 and are accessible only as provided under Title 63G, Chapter 2, Part 2,
1281 Access to Records.
1282 Section 19. Section 77-40-110 is enacted to read:
1283 77-40-110. Use of expunged records -- Individuals -- Use in civil actions.
1284 Records expunged under Section 77-40-104 or 77-40-105 may be released to or viewed
1285 by the following individuals:
1286 (1) the petitioner;
1287 (2) a law enforcement officer who was involved in the case, for use solely in the
1288 officer's defense of a civil action arising out of the officer's involvement with the petitioner in
1289 that particular case; and
1290 (3) parties to a civil action arising out of the expunged incident, providing the
1291 information is kept confidential and utilized only in the action.
1292 Section 20. Section 77-40-111 is enacted to read:
1293 77-40-111. Rulemaking.
1294 The department may make rules to:
1295 (1) implement procedures for applying for certificates of eligibility;
1296 (2) specify procedures for receiving a certificate of eligibility; and
1297 (3) create forms and determine information necessary to be provided to the bureau.
1298 Section 21. Section 77-40-112 , which is renumbered from Section 77-18-16 is
1299 renumbered and amended to read:
1301 Any person who willfully violates any prohibition in this chapter is guilty of a class A
1302 misdemeanor unless the prohibition specifically indicates a different penalty.
1303 Section 22. Section 77-40-113 , which is renumbered from Section 77-18-17 is
1304 renumbered and amended to read:
1306 The provisions of [
1307 to all arrests and convictions regardless of the date on which the arrests were made or
1308 convictions were entered.
1309 Section 23. Section 78A-2-301 is amended to read:
1310 78A-2-301. Civil fees of the courts of record -- Courts complex design.
1311 (1) (a) The fee for filing any civil complaint or petition invoking the jurisdiction of a
1312 court of record not governed by another subsection is $360.
1313 (b) The fee for filing a complaint or petition is:
1314 (i) $75 if the claim for damages or amount in interpleader exclusive of court costs,
1315 interest, and attorney fees is $2,000 or less;
1316 (ii) $185 if the claim for damages or amount in interpleader exclusive of court costs,
1317 interest, and attorney fees is greater than $2,000 and less than $10,000;
1318 (iii) $360 if the claim for damages or amount in interpleader is $10,000 or more;
1319 (iv) $310 if the petition is filed under Title 30, Chapter 3, Divorce, or Title 30,
1320 Chapter 4, Separate Maintenance; and
1321 (v) $35 for a motion for temporary separation order filed under Section 30-3-4.5 .
1322 (c) The fee for filing a small claims affidavit is:
1323 (i) $60 if the claim for damages or amount in interpleader exclusive of court costs,
1324 interest, and attorney fees is $2,000 or less;
1325 (ii) $100 if the claim for damages or amount in interpleader exclusive of court costs,
1326 interest, and attorney fees is greater than $2,000, but less than $7,500; and
1327 (iii) $185 if the claim for damages or amount in interpleader exclusive of court costs,
1328 interest, and attorney fees is $7,500 or more.
1329 (d) The fee for filing a counter claim, cross claim, complaint in intervention, third
1330 party complaint, or other claim for relief against an existing or joined party other than the
1331 original complaint or petition is:
1332 (i) $55 if the claim for relief exclusive of court costs, interest, and attorney fees is
1333 $2,000 or less;
1334 (ii) $150 if the claim for relief exclusive of court costs, interest, and attorney fees is
1335 greater than $2,000 and less than $10,000;
1336 (iii) $155 if the original petition is filed under Subsection (1)(a), the claim for relief is
1337 $10,000 or more, or the party seeks relief other than monetary damages; and
1338 (iv) $115 if the original petition is filed under Title 30, Chapter 3, Divorce, or Title 30,
1339 Chapter 4, Separate Maintenance.
1340 (e) The fee for filing a small claims counter affidavit is:
1341 (i) $50 if the claim for relief exclusive of court costs, interest, and attorney fees is
1342 $2,000 or less;
1343 (ii) $70 if the claim for relief exclusive of court costs, interest, and attorney fees is
1344 greater than $2,000, but less than $7,500; and
1345 (iii) $120 if the claim for relief exclusive of court costs, interest, and attorney fees is
1346 $7,500 or more.
1347 (f) The fee for depositing funds under Section 57-1-29 when not associated with an
1348 action already before the court is determined under Subsection (1)(b) based on the amount
1350 (g) The fee for filing a petition is:
1351 (i) $225 for trial de novo of an adjudication of the justice court or of the small claims
1352 department; and
1353 (ii) $65 for an appeal of a municipal administrative determination in accordance with
1354 Section 10-3-703.7 .
1355 (h) The fee for filing a notice of appeal, petition for appeal of an interlocutory order, or
1356 petition for writ of certiorari is $225.
1357 (i) [
1358 a petition for expungement is $135.
1360 (j) (i) Fifteen dollars of the fees established by Subsections (1)(a) through (i) shall be
1361 allocated to and between the Judges' Contributory Retirement Trust Fund and the Judges'
1362 Noncontributory Retirement Trust Fund, as provided in Title 49, Chapter 17, Judges'
1363 Contributory Retirement Act, and Title 49, Chapter 18, Judges' Noncontributory Retirement
1365 (ii) Four dollars of the fees established by Subsections (1)(a) through (i) shall be
1366 allocated by the state treasurer to be deposited in the restricted account, Children's Legal
1367 Defense Account, as provided in Section 51-9-408 .
1368 (iii) Three dollars of the fees established under Subsections (1)(a) through (e), (1)(g),
1369 and (1)(r) shall be allocated to and deposited with the Dispute Resolution Fund as provided in
1370 Section 78B-6-209 .
1371 (iv) Fifteen dollars of the fees established by Subsections (1)(a), (1)(b)(iii) and (iv),
1372 (1)(d)(iii) and (iv), (1)(g)(ii), (1)(h), and (1)(i) shall be allocated by the state treasurer to be
1373 deposited in the restricted account, Court Security Account, as provided in Section
1374 78A-2-602 .
1375 (v) Five dollars of the fees established by Subsections (1)(b)(i) and (ii), (1)(d)(ii) and
1376 (1)(g)(i) shall be allocated by the state treasurer to be deposited in the restricted account, Court
1377 Security Account, as provided in Section 78A-2-602 .
1378 (k) The fee for filing a judgment, order, or decree of a court of another state or of the
1379 United States is $35.
1380 (l) The fee for filing probate or child custody documents from another state is $35.
1381 (m) (i) The fee for filing an abstract or transcript of judgment, order, or decree of the
1382 Utah State Tax Commission is $30.
1383 (ii) The fee for filing an abstract or transcript of judgment of a court of law of this
1384 state or a judgment, order, or decree of an administrative agency, commission, board, council,
1385 or hearing officer of this state or of its political subdivisions other than the Utah State Tax
1386 Commission, is $50.
1387 (n) The fee for filing a judgment by confession without action under Section
1388 78B-5-205 is $35.
1389 (o) The fee for filing an award of arbitration for confirmation, modification, or
1390 vacation under Title 78B, Chapter 11, Utah Uniform Arbitration Act, that is not part of an
1391 action before the court is $35.
1392 (p) The fee for filing a petition or counter-petition to modify a decree of divorce is
1394 (q) The fee for filing any accounting required by law is:
1395 (i) $15 for an estate valued at $50,000 or less;
1396 (ii) $30 for an estate valued at $75,000 or less but more than $50,000;
1397 (iii) $50 for an estate valued at $112,000 or less but more than $75,000;
1398 (iv) $90 for an estate valued at $168,000 or less but more than $112,000; and
1399 (v) $175 for an estate valued at more than $168,000.
1400 (r) The fee for filing a demand for a civil jury is $250.
1401 (s) The fee for filing a notice of deposition in this state concerning an action pending
1402 in another state under Utah Rule of Civil Procedure 26 is $35.
1403 (t) The fee for filing documents that require judicial approval but are not part of an
1404 action before the court is $35.
1405 (u) The fee for a petition to open a sealed record is $35.
1406 (v) The fee for a writ of replevin, attachment, execution, or garnishment is $50 in
1407 addition to any fee for a complaint or petition.
1408 (w) (i) The fee for a petition for authorization for a minor to marry required by Section
1409 30-1-9 is $5.
1410 (ii) The fee for a petition for emancipation of a minor provided in Title 78A, Chapter
1411 6, Part 8, Emancipation, is $50.
1412 (x) The fee for a certificate issued under Section 26-2-25 is $8.
1413 (y) The fee for a certified copy of a document is $4 per document plus 50 cents per
1415 (z) The fee for an exemplified copy of a document is $6 per document plus 50 cents
1416 per page.
1417 (aa) The Judicial Council shall by rule establish a schedule of fees for copies of
1418 documents and forms and for the search and retrieval of records under Title 63G, Chapter 2,
1419 Government Records Access and Management Act. Fees under this Subsection (1)(aa) shall
1420 be credited to the court as a reimbursement of expenditures.
1421 (bb) There is no fee for services or the filing of documents not listed in this section or
1422 otherwise provided by law.
1423 (cc) Except as provided in this section, all fees collected under this section are paid to
1424 the General Fund. Except as provided in this section, all fees shall be paid at the time the
1425 clerk accepts the pleading for filing or performs the requested service.
1426 (dd) The filing fees under this section may not be charged to the state, its agencies, or
1427 political subdivisions filing or defending any action. In judgments awarded in favor of the
1428 state, its agencies, or political subdivisions, except the Office of Recovery Services, the court
1429 shall order the filing fees and collection costs to be paid by the judgment debtor. The sums
1430 collected under this Subsection (1)(dd) shall be applied to the fees after credit to the judgment,
1431 order, fine, tax, lien, or other penalty and costs permitted by law.
1432 (2) (a) (i) From March 17, 1994 until June 30, 1998, the administrator of the courts
1433 shall transfer all revenues representing the difference between the fees in effect after May 2,
1434 1994, and the fees in effect before February 1, 1994, as dedicated credits to the Division of
1435 Facilities Construction and Management Capital Projects Fund.
1436 (ii) (A) Except as provided in Subsection (2)(a)(ii)(B), the Division of Facilities
1437 Construction and Management shall use up to $3,750,000 of the revenue deposited in the
1438 Capital Projects Fund under this Subsection (2)(a) to design and take other actions necessary
1439 to initiate the development of a courts complex in Salt Lake City.
1440 (B) If the Legislature approves funding for construction of a courts complex in Salt
1441 Lake City in the 1995 Annual General Session, the Division of Facilities Construction and
1442 Management shall use the revenue deposited in the Capital Projects Fund under this
1443 Subsection (2)(a)(ii) to construct a courts complex in Salt Lake City.
1444 (C) After the courts complex is completed and all bills connected with its construction
1445 have been paid, the Division of Facilities Construction and Management shall use any monies
1446 remaining in the Capital Projects Fund under this Subsection (2)(a)(ii) to fund the Vernal
1447 District Court building.
1448 (iii) The Division of Facilities Construction and Management may enter into
1449 agreements and make expenditures related to this project before the receipt of revenues
1450 provided for under this Subsection (2)(a)(iii).
1451 (iv) The Division of Facilities Construction and Management shall:
1452 (A) make those expenditures from unexpended and unencumbered building funds
1453 already appropriated to the Capital Projects Fund; and
1454 (B) reimburse the Capital Projects Fund upon receipt of the revenues provided for
1455 under this Subsection (2).
1456 (b) After June 30, 1998, the administrator of the courts shall ensure that all revenues
1457 representing the difference between the fees in effect after May 2, 1994, and the fees in effect
1458 before February 1, 1994, are transferred to the Division of Finance for deposit in the restricted
1460 (c) The Division of Finance shall deposit all revenues received from the court
1461 administrator into the restricted account created by this section.
1462 (d) (i) From May 1, 1995 until June 30, 1998, the administrator of the courts shall
1463 transfer $7 of the amount of a fine or bail forfeiture paid for a violation of Title 41, Motor
1464 Vehicles, in a court of record to the Division of Facilities Construction and Management
1465 Capital Projects Fund. The division of money pursuant to Section 78A-5-110 shall be
1466 calculated on the balance of the fine or bail forfeiture paid.
1467 (ii) After June 30, 1998, the administrator of the courts or a municipality shall transfer
1468 $7 of the amount of a fine or bail forfeiture paid for a violation of Title 41, Motor Vehicles, in
1469 a court of record to the Division of Finance for deposit in the restricted account created by this
1470 section. The division of money pursuant to Section 78A-5-110 shall be calculated on the
1471 balance of the fine or bail forfeiture paid.
1472 (3) (a) There is created within the General Fund a restricted account known as the
1473 State Courts Complex Account.
1474 (b) The Legislature may appropriate monies from the restricted account to the
1475 administrator of the courts for the following purposes only:
1476 (i) to repay costs associated with the construction of the court complex that were
1477 funded from sources other than revenues provided for under this Subsection (3)(b)(i); and
1478 (ii) to cover operations and maintenance costs on the court complex.
1479 Section 24. Repealer.
1480 This bill repeals:
1481 Section 77-18-10, Petition -- Expungement of records of arrest, investigation, and
1482 detention -- Eligibility conditions -- No filing fee.
1483 Section 77-18-11, Petition -- Expungement of conviction -- Certificate of eligibility
1484 -- Fee -- Notice -- Written evaluation -- Objections -- Hearing.
1485 Section 77-18-12, Grounds for denial of certificate of eligibility -- Effect of prior
1487 Section 77-18-13, Hearing -- Standard of proof -- Exception.
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