First Substitute H.B. 17

Representative Jack R. Draxler proposes the following substitute bill:

1 SEX OFFENDER REGISTRY CHAPTER
2 2012 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Jack R. Draxler
5 Senate Sponsor: Lyle W. Hillyard
6
7 LONG TITLE
8 General Description:
9 This bill creates the Sex and Kidnap Offender Registry chapter in Title 77.
10 Highlighted Provisions:
11 This bill:
12 . repeals Section 77-27-21.5 ; and
13 . creates a new chapter in Title 77, Code of Criminal Procedure, from its provisions.
14 Money Appropriated in this Bill:
15 None
16 Other Special Clauses:
17 None
18 Utah Code Sections Affected:
19 AMENDS:
20 41-3-205.5, as enacted by Laws of Utah 2010, Chapter 291
21 41-3-209, as last amended by Laws of Utah 2010, Chapters 291 and 342
22 53-3-205, as last amended by Laws of Utah 2011, Chapters 152, 190, 415, and 428
23 53-3-216, as last amended by Laws of Utah 2008, Chapters 304 and 355
24 53-3-413, as last amended by Laws of Utah 2011, Chapter 190
25 53-3-804, as last amended by Laws of Utah 2011, Chapters 152 and 415

26 53-3-806.5, as enacted by Laws of Utah 2007, Chapter 294
27 53-3-807, as last amended by Laws of Utah 2011, Chapter 366
28 53-10-404, as last amended by Laws of Utah 2010, Chapter 405
29 62A-7-104, as last amended by Laws of Utah 2008, Chapters 3 and 355
30 63G-2-302, as last amended by Laws of Utah 2011, Chapters 85, 327, and 413
31 76-3-402, as last amended by Laws of Utah 2007, Chapter 103
32 77-27-21.7, as enacted by Laws of Utah 2007, Chapter 350
33 77-27-21.8, as enacted by Laws of Utah 2009, Chapter 249
34 77-40-105, as last amended by Laws of Utah 2011, Chapter 26
35 ENACTS:
36 77-41-101, Utah Code Annotated 1953
37 77-41-102, Utah Code Annotated 1953
38 77-41-103, Utah Code Annotated 1953
39 77-41-104, Utah Code Annotated 1953
40 77-41-105, Utah Code Annotated 1953
41 77-41-106, Utah Code Annotated 1953
42 77-41-107, Utah Code Annotated 1953
43 77-41-108, Utah Code Annotated 1953
44 77-41-109, Utah Code Annotated 1953
45 77-41-110, Utah Code Annotated 1953
46 77-41-111, Utah Code Annotated 1953
47 REPEALS:
48 77-27-21.5, as last amended by Laws of Utah 2011, Chapters 48, 320 and last amended
49 by Coordination Clause, Laws of Utah 2011, Chapter 48
50
51 Be it enacted by the Legislature of the state of Utah:
52 Section 1. Section 41-3-205.5 is amended to read:
53 41-3-205.5. Licenses -- Criminal background check required on salesperson's
54 licenses -- Payment of cost.
55 (1) (a) Every applicant for a salesperson's license shall submit fingerprints with a
56 completed application to the division.

57 (b) A person required to renew a salesperson license on or before June 30, 2010, shall
58 submit fingerprints to the division on or before November 30, 2010.
59 (2) The division shall submit fingerprints for each applicant described in Subsection
60 (1) to the Bureau of Criminal Identification established in Section 53-10-201 .
61 (3) The Bureau of Criminal Identification shall:
62 (a) check the information submitted by the division for an applicant under Subsection
63 (2) against the applicable state and regional criminal records databases; and
64 (b) release to the division all information obtained under Subsection (3)(a) relating to
65 the applicant.
66 (4) (a) The Bureau of Criminal Identification shall maintain a separate file of
67 fingerprints submitted under Subsection (2) and notify the division when a new entry is made
68 in the applicable state and regional database against a person whose fingerprints are held in the
69 file regarding any matter involving an arrest under state law involving:
70 (i) motor vehicles;
71 (ii) controlled substances;
72 (iii) fraud; or
73 (iv) a registerable sex offense under Section [ 77-27-21.5 ] 77-41-106 .
74 (b) Upon request by the division, the Bureau of Criminal Identification shall inform the
75 division whether a person whose arrest was reported to the division under Subsection (4)(a)
76 was subsequently convicted of the charge for which the person was arrested.
77 (5) In addition to any fees imposed under this chapter, the division shall:
78 (a) impose on individuals submitting fingerprints in accordance with this section the
79 fees that the Bureau of Criminal Identification is authorized to collect for the services the
80 Bureau of Criminal Identification provides under Subsections (3) and (4); and
81 (b) remit the fees collected under Subsection (5)(a) to the Bureau of Criminal
82 Identification.
83 (6) The division shall use information received from the Bureau of Criminal
84 Identification under this section to determine whether a license should be denied, suspended, or
85 revoked under Section 41-3-209 .
86 Section 2. Section 41-3-209 is amended to read:
87 41-3-209. Administrator's findings -- Suspension and revocation of license.

88 (1) If the administrator finds that an applicant is not qualified to receive a license, a
89 license may not be granted.
90 (2) (a) On December 1, 2010, the administrator shall suspend the license of a
91 salesperson who fails to submit to the division fingerprints as required under Subsection
92 41-3-205.5 (1)(b) on or before November 30, 2010.
93 (b) If the administrator finds that there is reasonable cause to deny, suspend, or revoke
94 a license issued under this chapter, the administrator shall deny, suspend, or revoke the license.
95 (c) Reasonable cause for denial, suspension, or revocation of a license includes, in
96 relation to the applicant or license holder or any of its partners, officers, or directors:
97 (i) lack of a principal place of business;
98 (ii) lack of a sales tax license required under Title 59, Chapter 12, Sales and Use Tax
99 Act;
100 (iii) lack of a bond in effect as required by this chapter;
101 (iv) current revocation or suspension of a dealer, dismantler, auction, or salesperson
102 license issued in another state;
103 (v) nonpayment of required fees;
104 (vi) making a false statement on any application for a license under this chapter or for
105 special license plates;
106 (vii) a violation of any state or federal law involving motor vehicles;
107 (viii) a violation of any state or federal law involving controlled substances;
108 (ix) charges filed with any county attorney, district attorney, or U.S. attorney in any
109 court of competent jurisdiction for a violation of any state or federal law involving motor
110 vehicles;
111 (x) a violation of any state or federal law involving fraud;
112 (xi) a violation of any state or federal law involving a registerable sex offense under
113 Section [ 77-27-21.5 ] 77-41-106 ; or
114 (xii) having had a license issued under this chapter revoked within five years from the
115 date of application.
116 (d) Any action taken by the administrator under Subsection (2)(c)(ix) shall remain in
117 effect until a final resolution is reached by the court involved or the charges are dropped.
118 (3) If the administrator finds that an applicant is not qualified to receive a license under

119 this section, the administrator shall provide the applicant written notice of the reason for the
120 denial.
121 (4) If the administrator finds that the license holder has been convicted by a court of
122 competent jurisdiction of violating any of the provisions of this chapter or any rules made by
123 the administrator, or finds other reasonable cause, the administrator may, by complying with
124 the emergency procedures of Title 63G, Chapter 4, Administrative Procedures Act:
125 (a) suspend the license on terms and for a period of time the administrator finds
126 reasonable; or
127 (b) revoke the license.
128 (5) (a) After suspending or revoking a license, the administrator may take reasonable
129 action to:
130 (i) notify the public that the licensee is no longer in business; and
131 (ii) prevent the former licensee from violating the law by conducting business without
132 a license.
133 (b) Action under Subsection (5)(a) may include signs, banners, barriers, locks,
134 bulletins, and notices.
135 (c) Any business being conducted incidental to the business for which the former
136 licensee was licensed may continue to operate subject to the preventive action taken under this
137 subsection.
138 Section 3. Section 53-3-205 is amended to read:
139 53-3-205. Application for license or endorsement -- Fee required -- Tests --
140 Expiration dates of licenses and endorsements -- Information required -- Previous
141 licenses surrendered -- Driving record transferred from other states -- Reinstatement --
142 Fee required -- License agreement.
143 (1) An application for any original license, provisional license, or endorsement shall
144 be:
145 (a) made upon a form furnished by the division; and
146 (b) accompanied by a nonrefundable fee set under Section 53-3-105 .
147 (2) An application and fee for an original provisional class D license or an original
148 class D license entitle the applicant to:
149 (a) not more than three attempts to pass both the knowledge and the skills tests for a

150 class D license within six months of the date of the application;
151 (b) a learner permit if needed pending completion of the application and testing
152 process; and
153 (c) an original class D license and license certificate after all tests are passed.
154 (3) An application and fee for a motorcycle or taxicab endorsement entitle the
155 applicant to:
156 (a) not more than three attempts to pass both the knowledge and skills tests within six
157 months of the date of the application;
158 (b) a motorcycle learner permit after the motorcycle knowledge test is passed; and
159 (c) a motorcycle or taxicab endorsement when all tests are passed.
160 (4) An application and fees for a commercial class A, B, or C license entitle the
161 applicant to:
162 (a) not more than two attempts to pass a knowledge test and not more than two
163 attempts to pass a skills test within six months of the date of the application;
164 (b) a commercial driver instruction permit if needed after the knowledge test is passed;
165 and
166 (c) an original commercial class A, B, or C license and license certificate when all
167 applicable tests are passed.
168 (5) An application and fee for a CDL endorsement entitle the applicant to:
169 (a) not more than two attempts to pass a knowledge test and not more than two
170 attempts to pass a skills test within six months of the date of the application; and
171 (b) a CDL endorsement when all tests are passed.
172 (6) If a CDL applicant does not pass a knowledge test, skills test, or an endorsement
173 test within the number of attempts provided in Subsection (4) or (5), each test may be taken
174 two additional times within the six months for the fee provided in Section 53-3-105 .
175 (7) (a) Except as provided under Subsections (7)(f), (g), and (h), an original license
176 expires on the birth date of the applicant in the fifth year following the year the license
177 certificate was issued.
178 (b) Except as provided under Subsections (7)(f), (g), and (h), a renewal or an extension
179 to a license expires on the birth date of the licensee in the fifth year following the expiration
180 date of the license certificate renewed or extended.

181 (c) Except as provided under Subsections (7)(f) and (g), a duplicate license expires on
182 the same date as the last license certificate issued.
183 (d) An endorsement to a license expires on the same date as the license certificate
184 regardless of the date the endorsement was granted.
185 (e) A regular license certificate and any endorsement to the regular license certificate
186 held by a person ordered to active duty and stationed outside Utah in any of the armed forces of
187 the United States or by an immediate family member or dependent who is residing outside of
188 the state, which expires during the time period the person is stationed outside of the state, is
189 valid until 90 days after the person's orders have been terminated or the person has been
190 discharged, unless:
191 (i) the license is suspended, disqualified, denied, or has been cancelled or revoked by
192 the division; or
193 (ii) the licensee updates the information or photograph on the license certificate.
194 (f) (i) Except as provided in Subsection (7)(f)(ii), a limited-term license certificate or a
195 renewal to a limited-term license certificate expires:
196 (A) on the expiration date of the period of time of the individual's authorized stay in
197 the United States or on the date provided under this Subsection (7), whichever is sooner; or
198 (B) on the birth date of the applicant in the first year following the year that the
199 limited-term license certificate was issued if there is no definite end to the individual's period
200 of authorized stay.
201 (ii) A limited-term license certificate or a renewal to a limited-term license certificate
202 issued to an approved asylee or a refugee expires on the birth date of the applicant in the fourth
203 year following the year that the limited-term license certificate was issued.
204 (g) A driving privilege card issued or renewed under Section 53-3-207 expires on the
205 birth date of the applicant in the first year following the year that the driving privilege card was
206 issued or renewed.
207 (h) An original license or a renewal to an original license expires on the birth date of
208 the applicant in the first year following the year that the license was issued if the applicant is
209 required to register as a sex offender [under Section 77-27-21.5 ] in accordance with Title 77,
210 Chapter 41, Sex and Kidnap Offender Registry.
211 (8) (a) In addition to the information required by Title 63G, Chapter 4, Administrative

212 Procedures Act, for requests for agency action, each applicant shall:
213 (i) provide the applicant's:
214 (A) full legal name;
215 (B) birth date;
216 (C) gender;
217 (D) (I) documentary evidence of the applicant's valid Social Security number;
218 (II) written proof that the applicant is ineligible to receive a Social Security number;
219 (III) temporary identification number (ITIN) issued by the Internal Revenue Service for
220 a person who:
221 (Aa) does not qualify for a Social Security number; and
222 (Bb) is applying for a driving privilege card; or
223 (IV) other documentary evidence approved by the division;
224 (E) Utah residence address as documented by a form or forms acceptable under rules
225 made by the division under Section 53-3-104 , unless the application is for a temporary CDL
226 issued under Subsection 53-3-407 (2)(b); and
227 (F) submit fingerprints and a photograph in accordance with Section 53-3-205.5 if the
228 person is applying for a driving privilege card;
229 (ii) provide evidence of the applicant's lawful presence in the United States by
230 providing documentary evidence:
231 (A) that a person is:
232 (I) a United States citizen;
233 (II) a United States national; or
234 (III) a legal permanent resident alien; or
235 (B) of the applicant's:
236 (I) unexpired immigrant or nonimmigrant visa status for admission into the United
237 States;
238 (II) pending or approved application for asylum in the United States;
239 (III) admission into the United States as a refugee;
240 (IV) pending or approved application for temporary protected status in the United
241 States;
242 (V) approved deferred action status;

243 (VI) pending application for adjustment of status to legal permanent resident or
244 conditional resident; or
245 (VII) conditional permanent resident alien status;
246 (iii) provide a description of the applicant;
247 (iv) state whether the applicant has previously been licensed to drive a motor vehicle
248 and, if so, when and by what state or country;
249 (v) state whether the applicant has ever had any license suspended, cancelled, revoked,
250 disqualified, or denied in the last 10 years, or whether the applicant has ever had any license
251 application refused, and if so, the date of and reason for the suspension, cancellation,
252 revocation, disqualification, denial, or refusal;
253 (vi) state whether the applicant intends to make an anatomical gift under Title 26,
254 Chapter 28, Revised Uniform Anatomical Gift Act, in compliance with Subsection (15);
255 (vii) state whether the applicant is required to register as a sex offender [under Section
256 77-27-21.5 ] in accordance with Title 77, Chapter 41, Sex and Kidnap Offender Registry;
257 (viii) state whether the applicant is a veteran of the United States military, provide
258 verification that the applicant was honorably discharged from the United States military, and
259 state whether the applicant does or does not authorize sharing the information with the state
260 Department of Veterans' Affairs;
261 (ix) provide all other information the division requires; and
262 (x) sign the application which signature may include an electronic signature as defined
263 in Section 46-4-102 .
264 (b) Each applicant shall have a Utah residence address, unless the application is for a
265 temporary CDL issued under Subsection 53-3-407 (2)(b).
266 (c) Each applicant shall provide evidence of lawful presence in the United States in
267 accordance with Subsection (8)(a)(ii), unless the application is for a driving privilege card.
268 (d) The division shall maintain on its computerized records an applicant's:
269 (i) (A) Social Security number;
270 (B) temporary identification number (ITIN); or
271 (C) other number assigned by the division if Subsection (8)(a)(i)(D)(IV) applies; and
272 (ii) indication whether the applicant is required to register as a sex offender [under
273 Section 77-27-21.5 ] in accordance with Title 77, Chapter 41, Sex and Kidnap Offender

274 Registry.
275 (9) The division shall require proof of every applicant's name, birthdate, and birthplace
276 by at least one of the following means:
277 (a) current license certificate;
278 (b) birth certificate;
279 (c) Selective Service registration; or
280 (d) other proof, including church records, family Bible notations, school records, or
281 other evidence considered acceptable by the division.
282 (10) (a) Except as provided in Subsection (10)(c), if an applicant receives a license in a
283 higher class than what the applicant originally was issued:
284 (i) the license application shall be treated as an original application; and
285 (ii) license and endorsement fees shall be assessed under Section 53-3-105 .
286 (b) An applicant that receives a downgraded license in a lower license class during an
287 existing license cycle that has not expired:
288 (i) may be issued a duplicate license with a lower license classification for the
289 remainder of the existing license cycle; and
290 (ii) shall be assessed a duplicate license fee under Subsection 53-3-105 (22) if a
291 duplicate license is issued under Subsection (10)(b)(i).
292 (c) An applicant who has received a downgraded license in a lower license class under
293 Subsection (10)(b):
294 (i) may, when eligible, receive a duplicate license in the highest class previously issued
295 during a license cycle that has not expired for the remainder of the existing license cycle; and
296 (ii) shall be assessed a duplicate license fee under Subsection 53-3-105 (22) if a
297 duplicate license is issued under Subsection (10)(c)(i).
298 (11) (a) When an application is received from a person previously licensed in another
299 state to drive a motor vehicle, the division shall request a copy of the driver's record from the
300 other state.
301 (b) When received, the driver's record becomes part of the driver's record in this state
302 with the same effect as though entered originally on the driver's record in this state.
303 (12) An application for reinstatement of a license after the suspension, cancellation,
304 disqualification, denial, or revocation of a previous license shall be accompanied by the

305 additional fee or fees specified in Section 53-3-105 .
306 (13) A person who has an appointment with the division for testing and fails to keep
307 the appointment or to cancel at least 48 hours in advance of the appointment shall pay the fee
308 under Section 53-3-105 .
309 (14) A person who applies for an original license or renewal of a license agrees that the
310 person's license is subject to any suspension or revocation authorized under this title or Title
311 41, Motor Vehicles.
312 (15) (a) The indication of intent under Subsection (8)(a)(vi) shall be authenticated by
313 the licensee in accordance with division rule.
314 (b) (i) Notwithstanding Title 63G, Chapter 2, Government Records Access and
315 Management Act, the division may, upon request, release to an organ procurement
316 organization, as defined in Section 26-28-102 , the names and addresses of all persons who
317 under Subsection (8)(a)(vi) indicate that they intend to make an anatomical gift.
318 (ii) An organ procurement organization may use released information only to:
319 (A) obtain additional information for an anatomical gift registry; and
320 (B) inform licensees of anatomical gift options, procedures, and benefits.
321 (16) Notwithstanding Title 63G, Chapter 2, Government Records Access and
322 Management Act, the division may release to the Department of Veterans' Affairs the names
323 and addresses of all persons who indicate their status as a veteran under Subsection (8)(a)(viii).
324 (17) The division and its employees are not liable, as a result of false or inaccurate
325 information provided under Subsection (8)(a)(vi) or (viii), for direct or indirect:
326 (a) loss;
327 (b) detriment; or
328 (c) injury.
329 (18) A person who knowingly fails to provide the information required under
330 Subsection (8)(a)(vii) is guilty of a class A misdemeanor.
331 Section 4. Section 53-3-216 is amended to read:
332 53-3-216. Change of address -- Duty of licensee to notify division within 10 days
333 -- Change of name -- Proof necessary -- Method of giving notice by division.
334 (1) If a person, after applying for or receiving a license, moves from the address named
335 in the application or in the license certificate issued to him, the person shall within 10 days of

336 moving, notify the division in a manner specified by the division of his new address and the
337 number of any license certificate held by him.
338 (2) If a person requests to change the surname on the applicant's license, the division
339 shall issue a substitute license with the new name upon receiving an application and fee for a
340 duplicate license and any of the following proofs of the applicant's full legal name:
341 (a) an original or certified copy of the applicant's marriage certificate;
342 (b) a certified copy of a court order under Title 42, Chapter 1, Change of Name,
343 showing the name change;
344 (c) an original or certified copy of a birth certificate issued by a government agency;
345 (d) a certified copy of a divorce decree or annulment granted the applicant that
346 specifies the name change requested; or
347 (e) a certified copy of a divorce decree that does not specify the name change requested
348 together with:
349 (i) an original or certified copy of the applicant's birth certificate;
350 (ii) the applicant's marriage license;
351 (iii) a driver license record showing use of a maiden name; or
352 (iv) other documentation the division finds acceptable.
353 (3) (a) Except as provided in Subsection (3)(c), if a person has applied for and received
354 a license certificate and is currently required to register as a sex offender [under Section
355 77-27-21.5 ] in accordance with Title 77, Chapter 41, Sex and Kidnap Offender Registry:
356 (i) the person's original license or renewal to an original license expires on the next
357 birth date of the licensee beginning on July 1, 2006;
358 (ii) the person shall surrender the person's license to the division on or before the
359 licensee's next birth date beginning on July 1, 2006; and
360 (iii) the person may apply for a license certificate with an expiration date identified in
361 Subsection 53-3-205 (7)(h) by:
362 (A) furnishing proper documentation to the division as provided in Section 53-3-205 ;
363 and
364 (B) paying the fee for a license required under Section 53-3-105 .
365 (b) Except as provided in Subsection (3)(c), if a person has applied for and received a
366 license certificate and is subsequently convicted of any offense listed in Subsection

367 [ 77-27-21.5 (1)(n)] 77-41-102 (14), the person shall surrender the license certificate to the
368 division on the person's next birth date following the conviction and may apply for a license
369 certificate with an expiration date identified in Subsection 53-3-205 (7)(h) by:
370 (i) furnishing proper documentation to the division as provided in Section 53-3-205 ;
371 and
372 (ii) paying the fee for a license required under Section 53-3-105 .
373 (c) A person who is unable to comply with the provisions of Subsection (3)(a) or (3)(b)
374 because the person is in the custody of the Department of Corrections or the Division of
375 Juvenile Justice Services, confined in a correctional facility not operated by or under contract
376 with the Department of Corrections, or committed to a state mental facility, shall comply with
377 the provisions of Subsection (3)(a) or (b) within 10 days of being released from confinement.
378 (4) (a) If the division is authorized or required to give any notice under this chapter or
379 other law regulating the operation of vehicles, the notice shall, unless otherwise prescribed, be
380 given by:
381 (i) personal delivery to the person to be notified; or
382 (ii) deposit in the United States mail with postage prepaid, addressed to the person at
383 his address as shown by the records of the division.
384 (b) The giving of notice by mail is complete upon the expiration of four days after the
385 deposit of the notice.
386 (c) Proof of the giving of notice in either manner may be made by the certificate of any
387 officer or employee of the division or affidavit of any person older than 18 years of age,
388 naming the person to whom the notice was given and specifying the time, place, and manner of
389 giving the notice.
390 (5) The division may use state mailing or United States Postal Service information to:
391 (a) verify an address on an application or on records of the division; and
392 (b) correct mailing addresses in the division's records.
393 (6) (a) A violation of the provisions of Subsection (1) is an infraction.
394 (b) A person who knowingly fails to surrender a license certificate under Subsection
395 (3) is guilty of a class A misdemeanor.
396 Section 5. Section 53-3-413 is amended to read:
397 53-3-413. Issuance of CDL by division -- Driving record -- Expiration date --

398 Renewal -- Hazardous materials provision.
399 (1) Before the division may grant a CDL, the division shall obtain the driving record
400 information regarding the applicant through the CDLIS, the NDR, and from each state where
401 the applicant has been licensed.
402 (2) The division shall notify the CDLIS and provide all information required to ensure
403 identification of the CDL holder within 10 days after:
404 (a) issuing a CDL following application for an original, renewal, transfer, or upgrade of
405 the CDL; or
406 (b) any change is made to the identifying information of a CDL holder.
407 (3) (a) The expiration date for a CDL is the birth date of the holder in the fifth year
408 following the year of issuance of the CDL.
409 (b) A limited-term CDL expires on:
410 (i) the expiration date of the period of time of the individual's authorized stay in the
411 United States or on the date provided in Subsection (3)(a), whichever is sooner; or
412 (ii) on the birth date of the applicant in the first year following the year that the
413 limited-term CDL was issued if there is no definite end to the individual's period of authorized
414 stay.
415 (c) An original CDL or a renewal to an original CDL expires on the birth date of the
416 applicant in the first year following the year that the license was issued if the applicant is
417 required to register as a sex offender [under Section 77-27-21.5 ] in accordance with Title 77,
418 Chapter 41, Sex and Kidnap Offender Registry.
419 (d) A CDL held by a person ordered to active duty and stationed outside Utah in any of
420 the armed forces of the United States, which expires during the time period the person is
421 stationed outside of the state, is valid until 90 days after the person has been discharged or has
422 left the service, unless:
423 (i) the license is suspended, disqualified, denied, or has been cancelled or revoked by
424 the division; or
425 (ii) the licensee updates the information or photograph on the license certificate.
426 (4) (a) The applicant for a renewal of a CDL shall complete the application form
427 required by Section 53-3-410 and provide updated information and required certification.
428 (b) In addition to the requirements under Subsection (4)(a), the applicant for a renewal

429 of a limited-term CDL shall present documentary evidence that the status by which the
430 individual originally qualified for the limited-term CDL has been extended by the United States
431 Citizenship and Immigration Services or other authorized agency of the United States
432 Department of Homeland Security.
433 (5) The division shall distinguish a limited-term CDL by clearly indicating on the
434 document:
435 (a) that it is temporary; and
436 (b) its expiration date.
437 (6) (a) The division may not issue a hazardous materials endorsement on a CDL unless
438 the applicant meets the security threat assessment standards of the federal Transportation
439 Security Administration.
440 (b) The division shall revoke the hazardous materials endorsement on a CDL upon
441 receiving notice from the federal Transportation Security Administration that the person
442 holding a hazardous materials endorsement does not meet Transportation Security
443 Administration security threat assessment standards.
444 (c) To obtain an original hazardous materials endorsement or retain a hazardous
445 materials endorsement upon CDL renewal or transfer, the applicant must take and pass the
446 knowledge test for hazardous materials endorsement in addition to any other testing required
447 by the division.
448 (7) Unless otherwise provided, the provisions, requirements, classes, endorsements,
449 fees, restrictions, and sanctions under this code apply to a limited-term CDL in the same way as
450 a CDL issued under this chapter.
451 Section 6. Section 53-3-804 is amended to read:
452 53-3-804. Application for identification card -- Required information -- Release
453 of anatomical gift information.
454 (1) To apply for an identification card or limited-term identification card, the applicant
455 shall:
456 (a) be a Utah resident;
457 (b) have a Utah residence address; and
458 (c) appear in person at any license examining station.
459 (2) The applicant shall provide the following information to the division:

460 (a) true and full legal name and Utah residence address;
461 (b) date of birth as set forth in a certified copy of the applicant's birth certificate, or
462 other satisfactory evidence of birth, which shall be attached to the application;
463 (c) (i) Social Security number; or
464 (ii) written proof that the applicant is ineligible to receive a Social Security number;
465 (d) place of birth;
466 (e) height and weight;
467 (f) color of eyes and hair;
468 (g) signature;
469 (h) photograph;
470 (i) evidence of the applicant's lawful presence in the United States by providing
471 documentary evidence:
472 (i) that a person is:
473 (A) a United States citizen;
474 (B) a United States national; or
475 (C) a legal permanent resident alien; or
476 (ii) of the applicant's:
477 (A) unexpired immigrant or nonimmigrant visa status for admission into the United
478 States;
479 (B) pending or approved application for asylum in the United States;
480 (C) admission into the United States as a refugee;
481 (D) pending or approved application for temporary protected status in the United
482 States;
483 (E) approved deferred action status;
484 (F) pending application for adjustment of status to legal permanent resident or
485 conditional resident; or
486 (G) conditional permanent resident alien status;
487 (j) an indication whether the applicant intends to make an anatomical gift under Title
488 26, Chapter 28, Revised Uniform Anatomical Gift Act;
489 (k) an indication whether the applicant is required to register as a sex offender [under
490 Section 77-27-21.5 ] in accordance with Title 77, Chapter 41, Sex and Kidnap Offender

491 Registry; and
492 (l) an indication whether the applicant is a veteran of the United States military,
493 verification that the applicant has been honorably discharged from the United States military,
494 and an indication whether the applicant does or does not authorize sharing the information with
495 the state Department of Veterans' Affairs.
496 (3) The requirements of Section 53-3-234 apply to this section for each person, age 16
497 and older, applying for an identification card. Refusal to consent to the release of information
498 shall result in the denial of the identification card.
499 (4) A person who knowingly fails to provide the information required under Subsection
500 (2)(k) is guilty of a class A misdemeanor.
501 Section 7. Section 53-3-806.5 is amended to read:
502 53-3-806.5. Identification card required if sex offender does not have driver
503 license.
504 (1) (a) If a person is required to register as a sex offender [under Section 77-27-21.5 ] in
505 accordance with Title 77, Chapter 41, Sex and Kidnap Offender Registry, and the person does
506 not hold a current driver license in compliance with Section 53-3-205 , the person shall obtain
507 an identification card.
508 (b) The person shall maintain a current identification card during any time the person is
509 required to register as a sex offender and the person does not hold a valid driver license.
510 (2) Failure to maintain a current identification card as required under Subsection (1) on
511 and after April 30, 2007 is a class A misdemeanor for each month of violation of Subsection
512 (1).
513 Section 8. Section 53-3-807 is amended to read:
514 53-3-807. Expiration -- Address and name change -- Extension for a person with
515 a disability.
516 (1) (a) An identification card issued on or after July 1, 2006, expires on the birth date
517 of the applicant in the fifth year following the issuance of the identification card.
518 (b) A limited-term identification card expires on:
519 (i) the expiration date of the period of time of the individual's authorized stay in the
520 United States or on the birth date of the applicant in the fifth year following the issuance of the
521 limited-term identification card, whichever is sooner; or

522 (ii) on the birth date of the applicant in the first year following the year that the
523 limited-term identification card was issued if there is no definite end to the individual's period
524 of authorized stay.
525 (2) If a person has applied for and received an identification card and subsequently
526 moves from the address shown on the application or on the card, the person shall within 10
527 days notify the division in a manner specified by the division of the person's new address.
528 (3) If a person has applied for and received an identification card and subsequently
529 changes the person's name under Title 42, Chapter 1, Change of Name, the person:
530 (a) shall surrender the card to the division; and
531 (b) may apply for a new card in the person's new name by:
532 (i) furnishing proper documentation to the division as provided in Section 53-3-804 ;
533 and
534 (ii) paying the fee required under Section 53-3-105 .
535 (4) (a) Except as provided in Subsection (4)(c), if a person has applied for and received
536 an identification card and is currently required to register as a sex offender [under Section
537 77-27-21.5 ] in accordance with Title 77, Chapter 41, Sex and Kidnap Offender Registry:
538 (i) the person's identification card expires annually on the next birth date of the
539 cardholder, on and after July 1, 2006;
540 (ii) the person shall surrender the person's identification card to the division on or
541 before the cardholder's next birth date beginning on July 1, 2006; and
542 (iii) the person may apply for an identification card with an expiration date identified in
543 Subsection (8) by:
544 (A) furnishing proper documentation to the division as provided in Section 53-3-804 ;
545 and
546 (B) paying the fee for an identification card required under Section 53-3-105 .
547 (b) Except as provided in Subsection (4)(c), if a person has applied for and received an
548 identification card and is subsequently convicted of any offense listed in Subsection
549 [ 77-27-21.5 (1)(n)] 77-41-102 (14), the person shall surrender the card to the division on the
550 person's next birth date following the conviction and may apply for a new card with an
551 expiration date identified in Subsection (8) by:
552 (i) furnishing proper documentation to the division as provided in Section 53-3-804 ;

553 and
554 (ii) paying the fee required under Section 53-3-105 .
555 (c) A person who is unable to comply with the provisions of Subsection (4)(a) or (4)(b)
556 because the person is in the custody of the Department of Corrections or Division of Juvenile
557 Justice Services, confined in a correctional facility not operated by or under contract with the
558 Department of Corrections, or committed to a state mental facility, shall comply with the
559 provisions of Subsection (4)(a) or (b) within 10 days of being released from confinement.
560 (5) A person older than 21 years of age with a disability, as defined under the
561 Americans with Disabilities Act of 1990, Pub. L. 101-336, may extend the expiration date on
562 an identification card for five years if the person with a disability or an agent of the person with
563 a disability:
564 (a) requests that the division send the application form to obtain the extension or
565 requests an application form in person at the division's offices;
566 (b) completes the application;
567 (c) certifies that the extension is for a person 21 years of age or older with a disability;
568 and
569 (d) returns the application to the division together with the identification card fee
570 required under Section 53-3-105 .
571 (6) (a) (i) An identification card may only be extended once, except as prohibited under
572 Subsection (6)(b).
573 (ii) After an extension an application for an identification card must be applied for in
574 person at the division's offices.
575 (b) An identification card issued to a person required to register as a sex offender
576 [under Section 77-27-21.5 ] in accordance with Title 77, Chapter 41, Sex and Kidnap Offender
577 Registry, may not be extended.
578 (7) An identification card issued prior to July 1, 2006 to a person 65 years of age or
579 older does not expire, but continues in effect until the death of that person.
580 (8) Notwithstanding the provisions of this section, an identification card expires on the
581 birth date of the applicant in the first year following the year that the identification card was
582 issued if the applicant is required to register as a sex offender [under Section 77-27-21.5 ] in
583 accordance with Title 77, Chapter 41, Sex and Kidnap Offender Registry.

584 (9) A person who knowingly fails to surrender an identification card under Subsection
585 (4) is guilty of a class A misdemeanor.
586 Section 9. Section 53-10-404 is amended to read:
587 53-10-404. DNA specimen analysis -- Requirement to obtain the specimen.
588 (1) As used in this section, "person" refers to any person as described under Section
589 53-10-403 .
590 (2) (a) A person under Section 53-10-403 or any person added to the sex offender
591 register as defined in Section [ 77-27-21.5 ] 77-41-102 shall provide a DNA specimen and shall
592 reimburse the agency responsible for obtaining the DNA specimen $150 for the cost of
593 obtaining the DNA specimen unless:
594 (i) the person was booked under Section 53-10-403 and is not required to reimburse the
595 agency under Section 53-10-404.5 ; or
596 (ii) the agency determines the person lacks the ability to pay.
597 (b) (i) (A) The responsible agencies shall establish guidelines and procedures for
598 determining if the person is able to pay the fee.
599 (B) An agency's implementation of Subsection (2)(b)(ii) meets an agency's obligation
600 to determine an inmate's ability to pay.
601 (ii) An agency's guidelines and procedures may provide for the assessment of $150 on
602 the inmate's county trust fund account and may allow a negative balance in the account until
603 the $150 is paid in full.
604 (3) (a) (i) All fees collected under Subsection (2) shall be deposited in the DNA
605 Specimen Restricted Account created in Section 53-10-407 , except that the agency collecting
606 the fee may retain not more than $25 per individual specimen for the costs of obtaining the
607 saliva DNA specimen.
608 (ii) The agency collecting the $150 fee may not retain from each separate fee more than
609 $25, and no amount of the $150 fee may be credited to any other fee or agency obligation.
610 (b) The responsible agency shall determine the method of collecting the DNA
611 specimen. Unless the responsible agency determines there are substantial reasons for using a
612 different method of collection or the person refuses to cooperate with the collection, the
613 preferred method of collection shall be obtaining a saliva specimen.
614 (c) The responsible agency may use reasonable force, as established by its guidelines

615 and procedures, to collect the DNA sample if the person refuses to cooperate with the
616 collection.
617 (d) If the judgment places the person on probation, the person shall submit to the
618 obtaining of a DNA specimen as a condition of the probation.
619 (e) (i) Under this section a person is required to provide one DNA specimen and pay
620 the collection fee as required under this section.
621 (ii) The person shall provide an additional DNA specimen only if the DNA specimen
622 previously provided is not adequate for analysis.
623 (iii) The collection fee is not imposed for a second or subsequent DNA specimen
624 collected under this section.
625 (f) Any agency that is authorized to obtain a DNA specimen under this part may collect
626 any outstanding amount of a fee due under this section from any person who owes any portion
627 of the fee and deposit the amount in the DNA Specimen Restricted Account created in Section
628 53-10-407 .
629 (4) (a) The responsible agency shall cause a DNA specimen to be obtained as soon as
630 possible and transferred to the Department of Public Safety:
631 (i) after a conviction or a finding of jurisdiction by the juvenile court; and
632 (ii) on and after January 1, 2011, after the booking of a person for any offense under
633 Subsection 53-10-403 (1)(c).
634 (b) If notified by the Department of Public Safety that a DNA specimen is not adequate
635 for analysis, the agency shall, as soon as possible:
636 (i) obtain and transmit an additional DNA specimen; or
637 (ii) request that another agency that has direct access to the person and that is
638 authorized to collect DNA specimens under this section collect the necessary second DNA
639 specimen and transmit it to the Department of Public Safety.
640 (c) Each agency that is responsible for collecting DNA specimens under this section
641 shall establish:
642 (i) a tracking procedure to record the handling and transfer of each DNA specimen it
643 obtains; and
644 (ii) a procedure to account for the management of all fees it collects under this section.
645 (5) (a) The Department of Corrections is the responsible agency whenever the person is

646 committed to the custody of or is under the supervision of the Department of Corrections.
647 (b) The juvenile court is the responsible agency regarding a minor under Subsection
648 53-10-403 (3), but if the minor has been committed to the legal custody of the Division of
649 Juvenile Justice Services, that division is the responsible agency if a DNA specimen of the
650 minor has not previously been obtained by the juvenile court under Section 78A-6-117 .
651 (c) The sheriff operating a county jail is the responsible agency regarding the collection
652 of DNA specimens from persons who:
653 (i) have pled guilty to or have been convicted of an offense listed under Subsection
654 53-10-403 (2) but who have not been committed to the custody of or are not under the
655 supervision of the Department of Corrections;
656 (ii) are incarcerated in the county jail:
657 (A) as a condition of probation for a felony offense; or
658 (B) for a misdemeanor offense for which collection of a DNA specimen is required;
659 and
660 (iii) on and after January 1, 2011, are booked at the county jail for any offense under
661 Subsection 53-10-403 (1)(c).
662 (d) Each agency required to collect a DNA specimen under this section shall:
663 (i) designate employees to obtain the saliva DNA specimens required under this
664 section; and
665 (ii) ensure that employees designated to collect the DNA specimens receive appropriate
666 training and that the specimens are obtained in accordance with generally accepted protocol.
667 (6) (a) As used in this Subsection (6), "department" means the Department of
668 Corrections.
669 (b) Priority of obtaining DNA specimens by the department is:
670 (i) first, to obtain DNA specimens of persons who as of July 1, 2002, are in the custody
671 of or under the supervision of the department before these persons are released from
672 incarceration, parole, or probation, if their release date is prior to that of persons under
673 Subsections (6)(b)(ii), but in no case later than July 1, 2004; and
674 (ii) second, the department shall obtain DNA specimens from persons who are
675 committed to the custody of the department or who are placed under the supervision of the
676 department after July 1, 2002, within 120 days after the commitment, if possible, but not later

677 than prior to release from incarceration if the person is imprisoned, or prior to the termination
678 of probation if the person is placed on probation.
679 (c) The priority for obtaining DNA specimens from persons under Subsection (6)(b)(ii)
680 is:
681 (i) first, persons on probation;
682 (ii) second, persons on parole; and
683 (iii) third, incarcerated persons.
684 (d) Implementation of the schedule of priority under Subsection (6)(c) is subject to the
685 priority of Subsection (6)(b)(i), to ensure that the Department of Corrections obtains DNA
686 specimens from persons in the custody of or under the supervision of the Department of
687 Corrections as of July 1, 2002, prior to their release.
688 (7) (a) As used in this Subsection (7):
689 (i) "Court" means the juvenile court.
690 (ii) "Division" means the Division of Juvenile Justice Services.
691 (b) Priority of obtaining DNA specimens by the court from minors under Section
692 53-10-403 who are under the jurisdiction of the court but who are not in the legal custody of
693 the division shall be:
694 (i) first, to obtain specimens from minors who as of July 1, 2002, are within the court's
695 jurisdiction, prior to termination of the court's jurisdiction over these minors; and
696 (ii) second, to obtain specimens from minors who are found to be within the court's
697 jurisdiction after July 1, 2002, within 120 days of the minor's being found to be within the
698 court's jurisdiction, if possible, but not later than prior to termination of the court's jurisdiction
699 over the minor.
700 (c) Priority of obtaining DNA specimens by the division from minors under Section
701 53-10-403 who are committed to the legal custody of the division shall be:
702 (i) first, to obtain specimens from minors who as of July 1, 2002, are within the
703 division's legal custody and who have not previously provided a DNA specimen under this
704 section, prior to termination of the division's legal custody of these minors; and
705 (ii) second, to obtain specimens from minors who are placed in the legal custody of the
706 division after July 1, 2002, within 120 days of the minor's being placed in the custody of the
707 division, if possible, but not later than prior to termination of the court's jurisdiction over the

708 minor.
709 (8) (a) The Department of Corrections, the juvenile court, the Division of Juvenile
710 Justice Services, and all law enforcement agencies in the state shall by policy establish
711 procedures for obtaining saliva DNA specimens, and shall provide training for employees
712 designated to collect saliva DNA specimens.
713 (b) (i) The department may designate correctional officers, including those employed
714 by the adult probation and parole section of the department, to obtain the saliva DNA
715 specimens required under this section.
716 (ii) The department shall ensure that the designated employees receive appropriate
717 training and that the specimens are obtained in accordance with accepted protocol.
718 (c) Blood DNA specimens shall be obtained in accordance with Section 53-10-405 .
719 Section 10. Section 62A-7-104 is amended to read:
720 62A-7-104. Division responsibilities.
721 (1) The division is responsible for all youth offenders committed to it by juvenile
722 courts for secure confinement or supervision and treatment in the community.
723 (2) The division shall:
724 (a) establish and administer a continuum of community, secure, and nonsecure
725 programs for all youth offenders committed to the division;
726 (b) establish and maintain all detention and secure facilities and set minimum standards
727 for those facilities;
728 (c) establish and operate prevention and early intervention youth services programs for
729 nonadjudicated youth placed with the division; and
730 (d) establish observation and assessment programs necessary to serve youth offenders
731 committed by the juvenile court for short-term observation under Subsection 78A-6-117 (2)(e),
732 and whenever possible, conduct the programs in settings separate and distinct from secure
733 facilities for youth offenders.
734 (3) The division shall place youth offenders committed to it in the most appropriate
735 program for supervision and treatment.
736 (4) In any order committing a youth offender to the division, the juvenile court shall
737 specify whether the youth offender is being committed for secure confinement or placement in
738 a community-based program. The division shall place the youth offender in the most

739 appropriate program within the category specified by the court.
740 (5) The division shall employ staff necessary to:
741 (a) supervise and control youth offenders in secure facilities or in the community;
742 (b) supervise and coordinate treatment of youth offenders committed to the division for
743 placement in community-based programs; and
744 (c) control and supervise nonadjudicated youth placed with the division for temporary
745 services in receiving centers, youth services, and other programs established by the division.
746 (6) Youth in the custody or temporary custody of the division are controlled or detained
747 in a manner consistent with public safety and rules promulgated by the division. In the event of
748 an unauthorized leave from a secure facility, detention center, community-based program,
749 receiving center, home, or any other designated placement, division employees have the
750 authority and duty to locate and apprehend the youth, or to initiate action with local law
751 enforcement agencies for assistance.
752 (7) The division shall establish and operate compensatory-service work programs for
753 youth offenders committed to the division by the juvenile court. The compensatory-service
754 work program shall:
755 (a) provide labor to help in the operation, repair, and maintenance of public facilities,
756 parks, highways, and other programs designated by the division;
757 (b) provide educational and prevocational programs in cooperation with the State
758 Board of Education for youth offenders placed in the program; and
759 (c) provide counseling to youth offenders.
760 (8) The division shall establish minimum standards for the operation of all private
761 residential and nonresidential rehabilitation facilities which provide services to juveniles who
762 have committed a delinquent act, in this state or in any other state.
763 (9) In accordance with policies established by the board, the division shall provide
764 regular training for staff of secure facilities, detention staff, case management staff, and staff of
765 the community-based programs.
766 (10) (a) The division is authorized to employ special function officers, as defined in
767 Section 53-13-105 , to locate and apprehend minors who have absconded from division
768 custody, transport minors taken into custody pursuant to division policy, investigate cases, and
769 carry out other duties as assigned by the division.

770 (b) Special function officers may be employed through contract with the Department of
771 Public Safety, any P.O.S.T. certified law enforcement agency, or directly hired by the division.
772 (11) The division shall designate employees to obtain the saliva DNA specimens
773 required under Section 53-10-403 . The division shall ensure that the designated employees
774 receive appropriate training and that the specimens are obtained in accordance with accepted
775 protocol.
776 (12) The division shall register with the Department of Corrections any person who:
777 (a) has been adjudicated delinquent based on an offense listed in Subsection
778 [ 77-27-21.5 (1)(n)(i)] 77-41-102 (14)(a);
779 (b) has been committed to the division for secure confinement; and
780 (c) remains in the division's custody 30 days prior to the person's 21st birthday.
781 Section 11. Section 63G-2-302 is amended to read:
782 63G-2-302. Private records.
783 (1) The following records are private:
784 (a) records concerning an individual's eligibility for unemployment insurance benefits,
785 social services, welfare benefits, or the determination of benefit levels;
786 (b) records containing data on individuals describing medical history, diagnosis,
787 condition, treatment, evaluation, or similar medical data;
788 (c) records of publicly funded libraries that when examined alone or with other records
789 identify a patron;
790 (d) records received by or generated by or for:
791 (i) the Independent Legislative Ethics Commission, except for:
792 (A) the commission's summary data report that is required under legislative rule; and
793 (B) any other document that is classified as public under legislative rule; or
794 (ii) a Senate or House Ethics Committee in relation to the review of ethics complaints,
795 unless the record is classified as public under legislative rule;
796 (e) records received or generated for a Senate confirmation committee concerning
797 character, professional competence, or physical or mental health of an individual:
798 (i) if prior to the meeting, the chair of the committee determines release of the records:
799 (A) reasonably could be expected to interfere with the investigation undertaken by the
800 committee; or

801 (B) would create a danger of depriving a person of a right to a fair proceeding or
802 impartial hearing; and
803 (ii) after the meeting, if the meeting was closed to the public;
804 (f) employment records concerning a current or former employee of, or applicant for
805 employment with, a governmental entity that would disclose that individual's home address,
806 home telephone number, Social Security number, insurance coverage, marital status, or payroll
807 deductions;
808 (g) records or parts of records under Section 63G-2-303 that a current or former
809 employee identifies as private according to the requirements of that section;
810 (h) that part of a record indicating a person's Social Security number or federal
811 employer identification number if provided under Section 31A-23a-104 , 31A-25-202 ,
812 31A-26-202 , 58-1-301 , 58-55-302 , 61-1-4 , or 61-2f-203 ;
813 (i) that part of a voter registration record identifying a voter's driver license or
814 identification card number, Social Security number, or last four digits of the Social Security
815 number;
816 (j) a record that:
817 (i) contains information about an individual;
818 (ii) is voluntarily provided by the individual; and
819 (iii) goes into an electronic database that:
820 (A) is designated by and administered under the authority of the Chief Information
821 Officer; and
822 (B) acts as a repository of information about the individual that can be electronically
823 retrieved and used to facilitate the individual's online interaction with a state agency;
824 (k) information provided to the Commissioner of Insurance under:
825 (i) Subsection 31A-23a-115 (2)(a);
826 (ii) Subsection 31A-23a-302 (3); or
827 (iii) Subsection 31A-26-210 (3);
828 (l) information obtained through a criminal background check under Title 11, Chapter
829 40, Criminal Background Checks by Political Subdivisions Operating Water Systems;
830 (m) information provided by an offender that is:
831 (i) required by the registration requirements of [Section 77-27-21.5 ] Title 77, Chapter

832 41, Sex and Kidnap Offender Registry; and
833 (ii) not required to be made available to the public under Subsection [ 77-27-21.5 (27)]
834 77-41-110 (4);
835 (n) a statement and any supporting documentation filed with the attorney general in
836 accordance with Section 34-45-107 , if the federal law or action supporting the filing involves
837 homeland security;
838 (o) electronic toll collection customer account information received or collected under
839 Section 72-6-118 , including contact and payment information and customer travel data[.];
840 (p) an email address provided by a military or overseas voter under Section
841 20A-16-501 ; and
842 (q) a completed military-overseas ballot that is electronically transmitted under Title
843 20A, Chapter 16, Uniform Military and Overseas Voters Act.
844 (2) The following records are private if properly classified by a governmental entity:
845 (a) records concerning a current or former employee of, or applicant for employment
846 with a governmental entity, including performance evaluations and personal status information
847 such as race, religion, or disabilities, but not including records that are public under Subsection
848 63G-2-301 (2)(b) or 63G-2-301 (3)(o), or private under Subsection (1)(b);
849 (b) records describing an individual's finances, except that the following are public:
850 (i) records described in Subsection 63G-2-301 (2);
851 (ii) information provided to the governmental entity for the purpose of complying with
852 a financial assurance requirement; or
853 (iii) records that must be disclosed in accordance with another statute;
854 (c) records of independent state agencies if the disclosure of those records would
855 conflict with the fiduciary obligations of the agency;
856 (d) other records containing data on individuals the disclosure of which constitutes a
857 clearly unwarranted invasion of personal privacy;
858 (e) records provided by the United States or by a government entity outside the state
859 that are given with the requirement that the records be managed as private records, if the
860 providing entity states in writing that the record would not be subject to public disclosure if
861 retained by it; and
862 (f) any portion of a record in the custody of the Division of Aging and Adult Services,

863 created in Section 62A-3-102 , that may disclose, or lead to the discovery of, the identity of a
864 person who made a report of alleged abuse, neglect, or exploitation of a vulnerable adult.
865 (3) (a) As used in this Subsection (3), "medical records" means medical reports,
866 records, statements, history, diagnosis, condition, treatment, and evaluation.
867 (b) Medical records in the possession of the University of Utah Hospital, its clinics,
868 doctors, or affiliated entities are not private records or controlled records under Section
869 63G-2-304 when the records are sought:
870 (i) in connection with any legal or administrative proceeding in which the patient's
871 physical, mental, or emotional condition is an element of any claim or defense; or
872 (ii) after a patient's death, in any legal or administrative proceeding in which any party
873 relies upon the condition as an element of the claim or defense.
874 (c) Medical records are subject to production in a legal or administrative proceeding
875 according to state or federal statutes or rules of procedure and evidence as if the medical
876 records were in the possession of a nongovernmental medical care provider.
877 Section 12. Section 76-3-402 is amended to read:
878 76-3-402. Conviction of lower degree of offense -- Procedure and limitations.
879 (1) If at the time of sentencing the court, having regard to the nature and circumstances
880 of the offense of which the defendant was found guilty and to the history and character of the
881 defendant, and after having given any victims present at the sentencing and the prosecuting
882 attorney an opportunity to be heard, concludes it would be unduly harsh to record the
883 conviction as being for that degree of offense established by statute, the court may enter a
884 judgment of conviction for the next lower degree of offense and impose sentence accordingly.
885 (2) If the court suspends the execution of the sentence and places the defendant on
886 probation, whether or not the defendant is committed to jail as a condition of probation, the
887 court may enter a judgment of conviction for the next lower degree of offense:
888 (a) after the defendant has been successfully discharged from probation;
889 (b) upon motion and notice to the prosecuting attorney;
890 (c) after reasonable effort has been made by the prosecuting attorney to provide notice
891 to any victims;
892 (d) after a hearing if requested by either party under Subsection (2)(c); and
893 (e) if the court finds entering a judgment of conviction for the next lower degree of

894 offense is in the interest of justice.
895 (3) (a) An offense may be reduced only one degree under this section, whether the
896 reduction is entered under Subsection (1) or (2), unless the prosecutor specifically agrees in
897 writing or on the court record that the offense may be reduced two degrees.
898 (b) In no case may an offense be reduced under this section by more than two degrees.
899 (4) This section does not preclude any person from obtaining or being granted an
900 expungement of his record as provided by law.
901 (5) The court may not enter judgment for a conviction for a lower degree of offense if:
902 (a) the reduction is specifically precluded by law; or
903 (b) if any unpaid balance remains on court ordered restitution for the offense for which
904 the reduction is sought.
905 (6) When the court enters judgment for a lower degree of offense under this section,
906 the actual title of the offense for which the reduction is made may not be altered.
907 (7) (a) A person may not obtain a reduction under this section of a conviction that
908 requires the person to register as a sex offender until the registration requirements under
909 [Section 77-27-21.5 ] Title 77, Chapter 41, Sex and Kidnap Offender Registry, have expired.
910 (b) A person required to register as a sex offender for the person's lifetime under
911 Subsection [ 77-27-21.5 (12)(c)] 77-41-105 (3)(c) may not be granted a reduction of the
912 conviction for the offense or offenses that require the person to register as a sex offender.
913 (8) As used in this section, "next lower degree of offense" includes an offense
914 regarding which:
915 (a) a statutory enhancement is charged in the information or indictment that would
916 increase either the maximum or the minimum sentence; and
917 (b) the court removes the statutory enhancement pursuant to this section.
918 Section 13. Section 77-27-21.7 is amended to read:
919 77-27-21.7. Sex offender restrictions.
920 (1) As used in this section:
921 (a) "Protected area" means the premises occupied by:
922 (i) any licensed day care or preschool facility;
923 (ii) a swimming pool that is open to the public;
924 (iii) a public or private primary or secondary school that is not on the grounds of a

925 correctional facility;
926 (iv) a community park that is open to the public; and
927 (v) a playground that is open to the public, including those areas designed to provide
928 children space, recreational equipment, or other amenities intended to allow children to engage
929 in physical activity.
930 (b) (i) Except under Subsection (1)(b)(ii), "protected area" also includes any area that is
931 1,000 feet or less from the residence of a victim of the sex offender's offense under Subsection
932 (1)(c) if:
933 (A) the sex offender is on probation or parole for an offense under Subsection (1)(c);
934 (B) the victim or the victim's parent or guardian has advised the Department of
935 Corrections that the victim desires that the sex offender be restricted from the area under this
936 Subsection (1)(b)(i) and authorizes the Department of Corrections to advise the sex offender of
937 the area where the victim resides for purposes of this Subsection (1)(b); and
938 (C) the Department of Corrections has notified the sex offender in writing that the sex
939 offender is prohibited from being in the protected area under Subsection (1)(b)(i) and has also
940 provided a description of the location of the protected area to the sex offender.
941 (ii) "Protected area" under Subsection (1)(b)(i) does not apply to the residence and area
942 surrounding the residence of a victim if:
943 (A) the victim is a member of the immediate family of the sex offender; and
944 (B) the terms of the sex offender's agreement of probation or parole allow the sex
945 offender to reside in the same residence as the victim.
946 (c) "Sex offender" means an adult or juvenile who is required to register [under Section
947 77-27-21.5 ] in accordance with Title 77, Chapter 41, Sex and Kidnap Offender Registry, due to
948 a conviction for any offense that is committed against a person younger than 18 years of age.
949 (2) It is a class A misdemeanor for any sex offender to be in any protected area on foot
950 or in or on any vehicle, including vehicles that are not motorized, except for:
951 (a) those specific periods of time when the sex offender must be present within a
952 protected area in order to carry out necessary parental responsibilities;
953 (b) when the protected area is a school building:
954 (i) under Subsection (1)(a)(iii);
955 (ii) being opened for or being used for a public activity; and

956 (iii) not being used for any school-related function that involves persons younger than
957 18 years of age; or
958 (c) when the protected area is a licensed day care or preschool facility:
959 (i) under Subsection (1)(a)(i); and
960 (ii) located within a building that is open to the public for purposes, services, or
961 functions that are operated separately from the day care or preschool facility located in the
962 building, except that the sex offender may not be in any part of the building occupied by the
963 day care or preschool facility.
964 Section 14. Section 77-27-21.8 is amended to read:
965 77-27-21.8. Sex offender in presence of a child -- Definitions -- Penalties.
966 (1) As used in this section:
967 (a) "Accompany" means:
968 (i) to be in the presence of an individual; and
969 (ii) to move or travel with that individual from one location to another, whether
970 outdoors, indoors, or in or on any type of vehicle.
971 (b) "Child" means an individual younger than 14 years of age.
972 (2) A sex offender subject to registration [under Section 77-27-21.5 ] in accordance
973 with Title 77, Chapter 41, Sex and Kidnap Offender Registry, for an offense committed or
974 attempted to be committed against a child younger than 14 years of age is guilty of a class A
975 misdemeanor if the sex offender requests, invites, or solicits a child to accompany the sex
976 offender, under circumstances that do not constitute an attempt to violate Section 76-5-301.1 ,
977 child kidnapping, unless:
978 (a) (i) the sex offender, prior to accompanying the child:
979 (A) verbally advises the child's parent or legal guardian that the sex offender is on the
980 state sex offender registry and is required by state law to obtain written permission in order for
981 the sex offender to accompany the child; and
982 (B) requests that the child's parent or legal guardian provide written authorization for
983 the sex offender to accompany the child, including the specific dates and locations;
984 (ii) the child's parent or legal guardian has provided to the sex offender written
985 authorization, including the specific dates and locations, for the sex offender to accompany the
986 child; and

987 (iii) the sex offender has possession of the written authorization and is accompanying
988 the child only at the dates and locations specified in the authorization;
989 (b) the child's parent or guardian has verbally authorized the sex offender to
990 accompany the child either in the child's residence or on property appurtenant to the child's
991 residence, but in no other locations; or
992 (c) the child is the natural child of the sex offender, and the offender is not prohibited
993 by any court order, or probation or parole provision, from contact with the child.
994 (3) (a) A sex offender convicted of a violation of Subsection (2) is subject to
995 registration [under Section 77-27-21.5 ] in accordance with Title 77, Chapter 41, Sex and
996 Kidnap Offender Registry, for an additional five years subsequent to the required registration
997 under Section 77-27-21.5 .
998 (b) The period of additional registration imposed under Subsection (3)(a) is also in
999 addition to any period of registration imposed under Subsection [ 77-27-21.5 (16)(c)]
1000 77-41-107 (3) for failure to comply with registration requirements.
1001 (4) It is not a defense to a prosecution under this section that the defendant mistakenly
1002 believed the individual to be 14 years of age or older at the time of the offense or was unaware
1003 of the individual's true age.
1004 (5) This section does not apply if a sex offender is acting to rescue a child who is in an
1005 emergency and life-threatening situation.
1006 Section 15. Section 77-40-105 is amended to read:
1007 77-40-105. Eligibility for expungement of conviction -- Requirements.
1008 (1) A person convicted of a crime may apply to the bureau for a certificate of eligibility
1009 to expunge the record of conviction as provided in this section.
1010 (2) A petitioner is not eligible to receive a certificate of eligibility from the bureau if:
1011 (a) the conviction for which expungement is sought is:
1012 (i) a capital felony;
1013 (ii) a first degree felony;
1014 (iii) a violent felony as defined in Subsection 76-3-203.5 (1)(c)(i);
1015 (iv) automobile homicide;
1016 (v) a felony violation of Subsection 41-6a-501 (2); or
1017 (vi) a registerable sex offense as defined in Subsection [ 77-27-21.5 (1)(n)]

1018 77-41-102 (14);
1019 (b) a criminal proceeding is pending against the petitioner; or
1020 (c) the petitioner intentionally or knowingly provides false or misleading information
1021 on the application for a certificate of eligibility.
1022 (3) A petitioner seeking to obtain expungement for a criminal record is not eligible to
1023 receive a certificate of eligibility from the bureau until all of the following have occurred:
1024 (a) all fines and interest ordered by the court have been paid in full;
1025 (b) all restitution ordered by the court pursuant to Section 77-38a-302 , or by the Board
1026 of Pardons and Parole pursuant to Section 77-27-6 , has been paid in full; and
1027 (c) the following time periods have elapsed from the date the petitioner was convicted
1028 or released from incarceration, parole, or probation, whichever occurred last, for each
1029 conviction the petitioner seeks to expunge:
1030 (i) 10 years in the case of a misdemeanor conviction of Subsection 41-6a-501 (2) or a
1031 felony violation of Subsection 58-37-8 (2)(g);
1032 (ii) seven years in the case of a felony;
1033 (iii) five years in the case of a class A misdemeanor;
1034 (iv) four years in the case of a class B misdemeanor; or
1035 (v) three years in the case of any other misdemeanor or infraction.
1036 (4) The bureau may not issue a certificate of eligibility if, at the time the petitioner
1037 seeks a certificate of eligibility, the bureau determines that the petitioner's criminal history,
1038 including previously expunged convictions, contains any of the following:
1039 (a) two or more felony convictions, each of which is contained in a separate criminal
1040 episode;
1041 (b) any combination of three or more convictions that include two class A
1042 misdemeanor convictions, each of which is contained in a separate criminal episode;
1043 (c) any combination of four or more convictions that include three class B
1044 misdemeanor convictions, each of which is contained in a separate criminal episode; or
1045 (d) five or more convictions of any degree whether misdemeanor or felony, excluding
1046 infractions, each of which is contained in a separate criminal episode.
1047 (5) If the petitioner has received a pardon from the Utah Board of Pardons and Parole,
1048 the petitioner is entitled to a certificate of eligibility for all pardoned crimes.

1049 Section 16. Section 77-41-101 is enacted to read:
1050 CHAPTER 41. SEX AND KIDNAP OFFENDER REGISTRY
1051 77-41-101. Title.
1052 This chapter is known as the "Sex and Kidnap Offender Registry."
1053 Section 17. Section 77-41-102 is enacted to read:
1054 77-41-102. Definitions.
1055 As used in this chapter:
1056 (1) "Business day" means a day on which state offices are open for regular business.
1057 (2) "Department" means the Department of Corrections.
1058 (3) "Division" means the Division of Juvenile Justice Services.
1059 (4) "Employed" or "carries on a vocation" includes employment that is full time or part
1060 time, whether financially compensated, volunteered, or for the purpose of government or
1061 educational benefit.
1062 (5) "Indian Country" means:
1063 (a) all land within the limits of any Indian reservation under the jurisdiction of the
1064 United States government, regardless of the issuance of any patent, and includes rights-of-way
1065 running through the reservation;
1066 (b) all dependent Indian communities within the borders of the United States whether
1067 within the original or subsequently acquired territory, and whether or not within the limits of a
1068 state; and
1069 (c) all Indian allotments, including the Indian allotments to which the Indian titles have
1070 not been extinguished, including rights-of-way running through the allotments.
1071 (6) "Jurisdiction" means any state, Indian Country, United States Territory, or any
1072 property under the jurisdiction of the United States military, Canada, the United Kingdom,
1073 Australia, or New Zealand.
1074 (7) "Kidnap offender" means any person other than a natural parent of the victim who:
1075 (a) has been convicted in this state of a violation of:
1076 (i) Subsection 76-5-301 (1)(c) or (d), kidnapping;
1077 (ii) Section 76-5-301.1 , child kidnapping;
1078 (iii) Section 76-5-302 , aggravated kidnapping;
1079 (iv) Section 76-5-310 , aggravated human trafficking, on or after May 10, 2011; or

1080 (v) attempting, soliciting, or conspiring to commit any felony offense listed in
1081 Subsections (7)(a)(i) through (iv);
1082 (b) has been convicted of any crime, or an attempt, solicitation, or conspiracy to
1083 commit a crime in another jurisdiction, including any state, federal, or military court that is
1084 substantially equivalent to the offenses listed in Subsection (7)(a) and who is:
1085 (i) a Utah resident; or
1086 (ii) not a Utah resident, but who, in any 12 month period, is in this state for a total of
1087 10 or more days, regardless of whether or not the offender intends to permanently reside in this
1088 state;
1089 (c) (i) is required to register as an offender in any other jurisdiction, or who is required
1090 to register as an offender by any state, federal, or military court; and
1091 (ii) in any 12 month period, is in this state for a total of 10 or more days, regardless of
1092 whether or not the offender intends to permanently reside in this state;
1093 (d) is a nonresident regularly employed or working in this state, or who is a student in
1094 this state, and was convicted of one or more offenses listed in Subsection (7), or any
1095 substantially equivalent offense in another jurisdiction, or as a result of the conviction, is
1096 required to register in the person's state of residence;
1097 (e) is found not guilty by reason of insanity in this state or in any other jurisdiction of
1098 one or more offenses listed in Subsection (7); or
1099 (f) is adjudicated delinquent based on one or more offenses listed in Subsection (7)(a)
1100 and who has been committed to the division for secure confinement and remains in the
1101 division's custody 30 days prior to the person's 21st birthday.
1102 (8) "Natural parent" means a minor's biological or adoptive parent, and includes the
1103 minor's noncustodial parent.
1104 (9) "Offender" means a kidnap offender as defined in Subsection (7) or a sex offender
1105 as defined in Subsection (14).
1106 (10) "Online identifier" or "Internet identifier":
1107 (a) means any electronic mail, chat, instant messenger, social networking, or similar
1108 name used for Internet communication; and
1109 (b) does not include date of birth, Social Security number, PIN number, or Internet
1110 passwords.

1111 (11) "Primary residence" means the location where the offender regularly resides, even
1112 if the offender intends to move to another location or return to another location at any future
1113 date.
1114 (12) "Register" means to comply with the requirements of this chapter and
1115 administrative rules of the department made under this chapter.
1116 (13) "Secondary residence" means any real property that the offender owns or has a
1117 financial interest in, or any location where, in any 12 month period, the offender stays
1118 overnight a total of 10 or more nights when not staying at the offender's primary residence.
1119 (14) "Sex offender" means any person:
1120 (a) convicted in this state of:
1121 (i) a felony or class A misdemeanor violation of Section 76-4-401 , enticing a minor;
1122 (ii) Section 76-5b-202 , sexual exploitation of a vulnerable adult, on or after May 10,
1123 2011;
1124 (iii) a felony violation of Section 76-5-401 , unlawful sexual activity with a minor;
1125 (iv) Section 76-5-401.1 , sexual abuse of a minor;
1126 (v) Section 76-5-401.2 , unlawful sexual conduct with a 16 or 17 year old;
1127 (vi) Section 76-5-402 , rape;
1128 (vii) Section 76-5-402.1 , rape of a child;
1129 (viii) Section 76-5-402.2 , object rape;
1130 (ix) Section 76-5-402.3 , object rape of a child;
1131 (x) a felony violation of Section 76-5-403 , forcible sodomy;
1132 (xi) Section 76-5-403.1 , sodomy on a child;
1133 (xii) Section 76-5-404 , forcible sexual abuse;
1134 (xiii) Section 76-5-404.1 , sexual abuse of a child or aggravated sexual abuse of a child;
1135 (xiv) Section 76-5-405 , aggravated sexual assault;
1136 (xv) Section 76-5-412 , custodial sexual relations, when the person in custody is
1137 younger than 18 years of age, if the offense is committed on or after May 10, 2011;
1138 (xvi) Section 76-5b-201 , sexual exploitation of a minor;
1139 (xvii) Section 76-7-102 , incest;
1140 (xviii) Subsection 76-9-702 (1), lewdness, if the person has been convicted of the
1141 offense four or more times;

1142 (xix) Subsection 76-9-702 (3), sexual battery, if the person has been convicted of the
1143 offense four or more times;
1144 (xx) any combination of convictions of Subsection 76-9-702 (1), lewdness, and of
1145 Subsection 76-9-702 (3), sexual battery, that total four or more convictions;
1146 (xxi) Section 76-9-702.5 , lewdness involving a child;
1147 (xxii) a felony or class A misdemeanor violation of Section 76-9-702.7 , voyeurism;
1148 (xxiii) Section 76-10-1306 , aggravated exploitation of prostitution; or
1149 (xxiv) attempting, soliciting, or conspiring to commit any felony offense listed in
1150 Subsection (14)(a);
1151 (b) who has been convicted of any crime, or an attempt, solicitation, or conspiracy to
1152 commit a crime in another jurisdiction, including any state, federal, or military court that is
1153 substantially equivalent to the offenses listed in Subsection (14)(a) and who is:
1154 (i) a Utah resident; or
1155 (ii) not a Utah resident, but who, in any 12 month period, is in this state for a total of
1156 10 or more days, regardless of whether the offender intends to permanently reside in this state;
1157 (c) (i) who is required to register as an offender in any other jurisdiction, or who is
1158 required to register as an offender by any state, federal, or military court; and
1159 (ii) who, in any 12 month period, is in the state for a total of 10 or more days,
1160 regardless of whether or not the offender intends to permanently reside in this state;
1161 (d) who is a nonresident regularly employed or working in this state or who is a student
1162 in this state and was convicted of one or more offenses listed in Subsection (14)(a), or any
1163 substantially equivalent offense in any jurisdiction, or as a result of the conviction, is required
1164 to register in the person's jurisdiction of residence;
1165 (e) who is found not guilty by reason of insanity in this state, or in any other
1166 jurisdiction of one or more offenses listed in Subsection (14)(a); or
1167 (f) who is adjudicated delinquent based on one or more offenses listed in Subsection
1168 (14)(a) and who has been committed to the division for secure confinement and remains in the
1169 division's custody 30 days prior to the person's 21st birthday.
1170 (15) "Vehicle" means any motor vehicle, aircraft, or watercraft subject to registration in
1171 any jurisdiction.
1172 Section 18. Section 77-41-103 is enacted to read:

1173 77-41-103. Department duties.
1174 (1) The department, to assist in investigating kidnapping and sex-related crimes, and in
1175 apprehending offenders, shall:
1176 (a) develop and operate a system to collect, analyze, maintain, and disseminate
1177 information on offenders and sex and kidnap offenses;
1178 (b) make information listed in Subsection 77-41-110 (4) available to the public; and
1179 (c) share information provided by an offender under this chapter that may not be made
1180 available to the public under Subsection 77-41-110 (4), but only:
1181 (i) for the purposes under this chapter; or
1182 (ii) in accordance with Section 63G-2-206 .
1183 (2) Any law enforcement agency shall, in the manner prescribed by the department,
1184 inform the department of:
1185 (a) the receipt of a report or complaint of an offense listed in Subsection 77-41-102 (7)
1186 or (14), within three business days; and
1187 (b) the arrest of a person suspected of any of the offenses listed in Subsection
1188 77-41-102 (7) or (14), within five business days.
1189 (3) Upon convicting a person of any of the offenses listed in Subsection 77-41-102 (7)
1190 or (14), the convicting court shall within three business days forward a copy of the judgment
1191 and sentence to the department.
1192 (4) The department shall:
1193 (a) provide the following additional information when available:
1194 (i) the crimes the offender has been convicted of or adjudicated delinquent for;
1195 (ii) a description of the offender's primary and secondary targets; and
1196 (iii) any other relevant identifying information as determined by the department;
1197 (b) maintain the Sex Offender and Kidnap Offender Notification and Registration
1198 website; and
1199 (c) ensure that the registration information collected regarding an offender's enrollment
1200 or employment at an educational institution is:
1201 (i) (A) promptly made available to any law enforcement agency that has jurisdiction
1202 where the institution is located if the educational institution is an institution of higher
1203 education; or

1204 (B) promptly made available to the district superintendent of the school district where
1205 the offender is enrolled if the educational institution is an institution of primary education; and
1206 (ii) entered into the appropriate state records or data system.
1207 Section 19. Section 77-41-104 is enacted to read:
1208 77-41-104. Registration of offenders -- Department and agency requirements.
1209 (1) An offender in the custody of the department shall be registered by agents of the
1210 department upon:
1211 (a) placement on probation;
1212 (b) commitment to a secure correctional facility operated by or under contract to the
1213 department;
1214 (c) release from confinement to parole status, termination or expiration of sentence, or
1215 escape;
1216 (d) entrance to and release from any community-based residential program operated by
1217 or under contract to the department; or
1218 (e) termination of probation or parole.
1219 (2) An offender who is not in the custody of the department and who is confined in a
1220 correctional facility not operated by or under contract to the department shall be registered with
1221 the department by the sheriff of the county in which the offender is confined, upon:
1222 (a) commitment to the correctional facility; and
1223 (b) release from confinement.
1224 (3) An offender in the custody of the division shall be registered with the department
1225 by the division prior to release from custody.
1226 (4) An offender committed to a state mental hospital shall be registered with the
1227 department by the hospital upon admission and upon discharge.
1228 (5) (a) (i) A municipal or county law enforcement agency shall register an offender
1229 who resides within the agency's jurisdiction and is not under the supervision of the Division of
1230 Adult Probation and Parole within the department.
1231 (ii) In order to conduct offender registration under this chapter, the agency shall ensure
1232 the agency staff responsible for registration:
1233 (A) has received initial training by the department and has been certified by the
1234 department as qualified and authorized to conduct registrations and enter offender registration

1235 information into the registry database; and
1236 (B) certify annually with the department.
1237 (b) (i) When the department receives offender registration information regarding a
1238 change of an offender's primary residence location, the department shall within five days
1239 electronically notify the law enforcement agencies that have jurisdiction over the area where:
1240 (A) the residence that the offender is leaving is located; and
1241 (B) the residence to which the offender is moving is located.
1242 (ii) The department shall provide notification under this Subsection (5)(b) if the
1243 offender's change of address is between law enforcement agency jurisdictions, or is within one
1244 jurisdiction.
1245 (c) The department shall make available to offenders required to register under this
1246 chapter the name of the agency, whether it is a local law enforcement agency or the department,
1247 that the offender should contact to register, the location for registering, and the requirements of
1248 registration.
1249 (6) An agency in the state that registers an offender on probation, an offender who has
1250 been released from confinement to parole status or termination, or an offender whose sentence
1251 has expired shall inform the offender of the duty to comply with:
1252 (a) the continuing registration requirements of this chapter during the period of
1253 registration required in Subsection 77-41-105 (3), including:
1254 (i) notification to the state agencies in the states where the registrant presently resides
1255 and plans to reside when moving across state lines;
1256 (ii) verification of address at least every 60 days pursuant to a parole agreement for
1257 lifetime parolees; and
1258 (iii) notification to the out-of-state agency where the offender is living, whether or not
1259 the offender is a resident of that state; and
1260 (b) the driver license certificate or identification card surrender requirement under
1261 Subsection 53-3-216 (3) or 53-3-807 (4) and application provisions under Section 53-3-205 or
1262 53-3-804 .
1263 (7) The department may make administrative rules necessary to implement this
1264 chapter, including:
1265 (a) the method for dissemination of the information; and

1266 (b) instructions to the public regarding the use of the information.
1267 (8) Any information regarding the identity or location of a victim shall be redacted by
1268 the department from information provided under Subsections 77-41-103 (4) and 77-41-105 (7).
1269 (9) This chapter does not create or impose any duty on any person to request or obtain
1270 information regarding any offender from the department.
1271 Section 20. Section 77-41-105 is enacted to read:
1272 77-41-105. Registration of offenders -- Offender responsibilities.
1273 (1) An offender convicted by any other jurisdiction is required to register under
1274 Subsection (3) and Subsection 77-41-102 (7) or (14). The offender shall register with the
1275 department within 10 days of entering the state, regardless of the offender's length of stay.
1276 (2) (a) An offender required to register under Subsection 77-41-102 (7) or (14) who is
1277 under supervision by the department shall register with Division of Adult Probation and Parole.
1278 (b) An offender required to register under Subsection 77-41-102 (7) or (14) who is no
1279 longer under supervision by the department shall register with the police department or sheriff's
1280 office that has jurisdiction over the area where the offender resides.
1281 (3) (a) Except as provided in Subsections (3)(b), (c), and (4), and Section 77-41-106 ,
1282 an offender shall, for the duration of the sentence and for 10 years after termination of sentence
1283 or custody of the division, register every year during the month of the offender's birth, during
1284 the month that is the sixth month after the offender's birth month, and also within three
1285 business days of every change of the offender's primary residence, any secondary residences,
1286 place of employment, vehicle information, or educational information required to be submitted
1287 under Subsection (7).
1288 (b) Except as provided in Subsection (4) and Section 77-41-106 , an offender who is
1289 convicted in another jurisdiction of an offense listed in Subsection 77-41-102 (7)(a) or (14)(a), a
1290 substantially similar offense, or any other offense that requires registration in the jurisdiction of
1291 conviction, shall:
1292 (i) register for the time period, and in the frequency, required by the jurisdiction where
1293 the offender was convicted if that jurisdiction's registration period or registration frequency
1294 requirement for the offense that the offender was convicted of is greater than the 10 years from
1295 completion of the sentence registration period that is required under Subsection (3)(a), or is
1296 more frequent than every six months; or

1297 (ii) register in accordance with the requirements of Subsection (3)(a), if the
1298 jurisdiction's registration period or frequency requirement for the offense that the offender was
1299 convicted of is less than the registration period required under Subsection (3)(a), or is less
1300 frequent than every six months.
1301 (c) (i) An offender convicted as an adult of any of the offenses listed in Section
1302 77-41-106 shall, for the offender's lifetime, register every year during the month of the
1303 offender's birth, during the month that is the sixth month after the offender's birth month, and
1304 also within three business days of every change of the offender's primary residence, any
1305 secondary residences, place of employment, vehicle information, or educational information
1306 required to be submitted under Subsection (7).
1307 (ii) This registration requirement is not subject to exemptions and may not be
1308 terminated or altered during the offender's lifetime.
1309 (4) Notwithstanding Subsection (3) and Section 77-41-106 , an offender who is
1310 confined in a secure facility or in a state mental hospital is not required to register during the
1311 period of confinement.
1312 (5) An offender who is required to register under Subsection (3) shall surrender the
1313 offender's license, certificate, or identification card as required under Subsection 53-3-216 (3)
1314 or 53-3-807 (4) and may apply for a license certificate or identification card as provided under
1315 Section 53-3-205 or 53-3-804 .
1316 (6) A sex offender who violates Section 77-27-21.8 while required to register under
1317 this chapter shall register for an additional five years subsequent to the registration period
1318 otherwise required under this chapter.
1319 (7) An offender shall provide the department or the registering entity with the
1320 following information:
1321 (a) all names and aliases by which the offender is or has been known;
1322 (b) the addresses of the offender's primary and secondary residences;
1323 (c) a physical description, including the offender's date of birth, height, weight, eye and
1324 hair color;
1325 (d) the make, model, color, year, plate number, and vehicle identification number of
1326 any vehicle or vehicles the offender owns or regularly drives;
1327 (e) a current photograph of the offender;

1328 (f) a set of fingerprints, if one has not already been provided;
1329 (g) a DNA specimen, taken in accordance with Section 53-10-404 , if one has not
1330 already been provided;
1331 (h) telephone numbers and any other designations used by the offender for routing or
1332 self-identification in telephonic communications from fixed locations or cellular telephones;
1333 (i) Internet identifiers and the addresses the offender uses for routing or
1334 self-identification in Internet communications or postings;
1335 (j) the name and Internet address of all websites on which the offender is registered
1336 using an online identifier, including all online identifiers used to access those websites;
1337 (k) a copy of the offender's passport, if a passport has been issued to the offender;
1338 (l) if the offender is an alien, all documents establishing the offender's immigration
1339 status;
1340 (m) all professional licenses that authorize the offender to engage in an occupation or
1341 carry out a trade or business, including any identifiers, such as numbers;
1342 (n) each educational institution in Utah at which the offender is employed, carries on a
1343 vocation, or is a student, and any change of enrollment or employment status of the offender at
1344 any educational institution;
1345 (o) the name and the address of any place where the offender is employed or will be
1346 employed;
1347 (p) the name and the address of any place where the offender works as a volunteer or
1348 will work as a volunteer; and
1349 (q) the offender's Social Security number.
1350 (8) Notwithstanding Section 42-1-1 , an offender:
1351 (a) may not change the offender's name:
1352 (i) while under the jurisdiction of the department; and
1353 (ii) until the registration requirements of this statute have expired; and
1354 (b) may not change the offender's name at any time, if registration is for life under
1355 Subsection 77-41-105 (3)(c).
1356 (9) Notwithstanding Subsections 77-41-103 (1)(c) and 77-41-105 (7)(i) and (j), an
1357 offender is not required to provide the department with:
1358 (a) the offender's online identifier and password used exclusively for the offender's

1359 employment on equipment provided by an employer and used to access the employer's private
1360 network; or
1361 (b) online identifiers for the offender's financial accounts, including any bank,
1362 retirement, or investment accounts.
1363 Section 21. Section 77-41-106 is enacted to read:
1364 77-41-106. Registerable offenses.
1365 Offenses referred to in Subsection 77-41-105 (3)(c)(i) are:
1366 (1) any offense listed in Subsection 77-41-102 (7) or (14) if, at the time of the
1367 conviction, the offender has previously been convicted of an offense listed in Subsection
1368 77-41-1 (7) or (14) or has previously been required to register as a sex offender for an offense
1369 committed as a juvenile;
1370 (2) a conviction for any of the following offenses, including attempting, soliciting, or
1371 conspiring to commit any felony of:
1372 (a) Section 76-5-301.1 , child kidnapping, except if the offender is a natural parent of
1373 the victim;
1374 (b) Section 76-5-402 , rape;
1375 (c) Section 76-5-402.1 , rape of a child;
1376 (d) Section 76-5-402.2 , object rape;
1377 (e) Section 76-5-402.3 , object rape of a child;
1378 (f) Section 76-5-403.1 , sodomy on a child;
1379 (g) Subsection 76-5-404.1 (4), aggravated sexual abuse of a child; or
1380 (h) Section 76-5-405 , aggravated sexual assault;
1381 (3) Section 76-4-401 , a felony violation of enticing a minor over the Internet;
1382 (4) Section 76-5-302 , aggravated kidnapping, except if the offender is a natural parent
1383 of the victim;
1384 (5) Section 76-5-403 , forcible sodomy;
1385 (6) Section 76-5-404.1 , sexual abuse of a child;
1386 (7) Section 76-5b-201 , sexual exploitation of a minor; or
1387 (8) Section 76-10-1306 , aggravated exploitation of prostitution, on or after May 10,
1388 2011.
1389 Section 22. Section 77-41-107 is enacted to read:

1390 77-41-107. Penalties.
1391 (1) An offender who knowingly fails to register under this chapter or provides false or
1392 incomplete information is guilty of:
1393 (a) a third degree felony and shall be sentenced to serve a term of incarceration for not
1394 less than 90 days and also at least one year of probation if:
1395 (i) the offender is required to register for a felony conviction or adjudicated delinquent
1396 for what would be a felony if the juvenile were an adult of an offense listed in Subsection
1397 77-41-102 (7)(a) or (14)(a); or
1398 (ii) the offender is required to register for the offender's lifetime under Subsection
1399 77-41-105 (3)(c); or
1400 (b) a class A misdemeanor and shall be sentenced to serve a term of incarceration for
1401 not fewer than 90 days and also at least one year of probation if the offender is required to
1402 register for a misdemeanor conviction or is adjudicated delinquent for what would be a
1403 misdemeanor if the juvenile were an adult of an offense listed in Subsection 77-41-102 (7)(a) or
1404 (14)(a).
1405 (2) Neither the court nor the Board of Pardons and Parole may release a person who
1406 violates this chapter from serving the term required under Subsection (1). This Subsection (2)
1407 supersedes any other provision of the law contrary to this chapter.
1408 (3) The offender shall register for an additional year for every year in which the
1409 offender does not comply with the registration requirements of this chapter.
1410 Section 23. Section 77-41-108 is enacted to read:
1411 77-41-108. Classification of information.
1412 Notwithstanding Title 63G, Chapter 2, Government Records Access and Management
1413 Act, information under Subsection 77-41-103 (4) that is collected and released under
1414 Subsection 77-41-110 (4) is public information, unless otherwise restricted under Subsection
1415 77-41-103 (1).
1416 Section 24. Section 77-41-109 is enacted to read:
1417 77-41-109. Miscellaneous provisions.
1418 (1) (a) If an offender is to be temporarily sent on any assignment outside a secure
1419 facility in which the offender is confined on any assignment, including, without limitation,
1420 firefighting or disaster control, the official who has custody of the offender shall, within a

1421 reasonable time prior to removal from the secure facility, notify the local law enforcement
1422 agencies where the assignment is to be filled.
1423 (b) This Subsection (1) does not apply to any person temporarily released under guard
1424 from the institution in which the person is confined.
1425 (2) Notwithstanding Title 77, Chapter 40, Utah Expungement Act, a person convicted
1426 of any offense listed in Subsection 77-41-102 (7) or (14) is not relieved from the responsibility
1427 to register as required under this chapter.
1428 Section 25. Section 77-41-110 is enacted to read:
1429 77-41-110. Sex offender and kidnap offender registry -- Department to maintain.
1430 (1) The department shall maintain a Sex Offender and Kidnap Offender Notification
1431 and Registration website on the Internet, which shall contain a disclaimer informing the public:
1432 (a) the information contained on the site is obtained from offenders and the department
1433 does not guarantee its accuracy or completeness;
1434 (b) members of the public are not allowed to use the information to harass or threaten
1435 offenders or members of their families; and
1436 (c) harassment, stalking, or threats against offenders or their families are prohibited and
1437 doing so may violate Utah criminal laws.
1438 (2) The Sex Offender and Kidnap Offender Notification and Registration website shall
1439 be indexed by both the surname of the offender and by postal codes.
1440 (3) The department shall construct the Sex Offender Notification and Registration
1441 website so that users, before accessing registry information, must indicate that they have read
1442 the disclaimer, understand it, and agree to comply with its terms.
1443 (4) The Sex Offender and Kidnap Offender Notification and Registration website shall
1444 include the following registry information:
1445 (a) all names and aliases by which the offender is or has been known, but not including
1446 any online or Internet identifiers;
1447 (b) the addresses of the offender's primary, secondary, and temporary residences;
1448 (c) a physical description, including the offender's date of birth, height, weight, and eye
1449 and hair color;
1450 (d) the make, model, color, year, and plate number of any vehicle or vehicles the
1451 offender owns or regularly drives;

1452 (e) a current photograph of the offender;
1453 (f) a list of all professional licenses that authorize the offender to engage in an
1454 occupation or carry out a trade or business;
1455 (g) each educational institution in Utah at which the offender is employed, carries on a
1456 vocation, or is a student;
1457 (h) a list of places where the offender works as a volunteer; and
1458 (i) the crimes listed in Subsections 77-41-102 (7) and (14) that the offender has been
1459 convicted of or for which the offender has been adjudicated delinquent in juvenile court.
1460 (5) The department, its personnel, and any individual or entity acting at the request or
1461 upon the direction of the department are immune from civil liability for damages for good faith
1462 compliance with this chapter and will be presumed to have acted in good faith by reporting
1463 information.
1464 (6) The department shall redact information that, if disclosed, could reasonably identify
1465 a victim.
1466 Section 26. Section 77-41-111 is enacted to read:
1467 77-41-111. Fees.
1468 (1) Each offender required to register under Section 77-41-105 shall, in the month of
1469 the offender's birth:
1470 (a) pay to the department an annual fee of $100 each year the offender is subject to the
1471 registration requirements of this chapter; and
1472 (b) pay to the registering agency, if it is an agency other than the Department of
1473 Corrections, an annual fee of not more than $25, which may be assessed by that agency for
1474 providing registration.
1475 (2) Notwithstanding Subsection (1), an offender who is confined in a secure facility or
1476 in a state mental hospital is not required to pay the annual fee.
1477 (3) The department shall deposit fees collected in accordance with this chapter in the
1478 General Fund as a dedicated credit, to be used by the department for maintaining the offender
1479 registry under this chapter and monitoring offender registration compliance, including the costs
1480 of:
1481 (a) data entry;
1482 (b) processing registration packets;

1483 (c) updating registry information;
1484 (d) ensuring offender compliance with registration requirements under this chapter; and
1485 (e) apprehending offenders who are in violation of the offender registration
1486 requirements under this chapter.
1487 Section 27. Repealer.
1488 This bill repeals:
1489 Section 77-27-21.5, Sex and kidnap offenders -- Registration -- Information system
1490 -- Law enforcement and courts to report -- Penalty -- Effect of expungement.