First Substitute S.B. 182

Senator Howard A. Stephenson proposes the following substitute bill:

1 EXPUNGEMENT OF DRUG OFFENSES
2 2012 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Howard A. Stephenson
5 House Sponsor: Gregory H. Hughes
6
7 LONG TITLE
8 General Description:
9 This bill creates a committee within the Utah Substance Abuse Advisory Council to
10 study issues related to the expungement of drug-related offenses.
11 Highlighted Provisions:
12 This bill:
13 . creates a committee within the Utah Substance Abuse Advisory Council to study
14 issues related to the expungement of drug-related offenses; and
15 . requires that the committee report to the Judiciary, Law Enforcement and Criminal
16 Justice Committee no later than November 30, 2012.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 This bill is repealed November 30, 2012.
21 Uncodified Material Affected:
22 ENACTS UNCODIFIED MATERIAL
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Drug Offenses Expungement Committee -- Creation -- Membership.

26 (1) In accordance with Subsection 63M-7-302 (5), there is created a Drug-Related
27 Offenses Expungement Committee consisting of representatives from:
28 (a) the Statewide Association of Prosecutors, designated by the Board of Directors of
29 the Statewide Association of Prosecutors;
30 (b) the Bureau of Criminal Identification, Utah Department of Public Safety,
31 designated by the director of the bureau;
32 (c) the courts, designated by the Judicial Council;
33 (d) the Utah Council on Crime Victims, designated by the chair of the council;
34 (e) the Utah Support Advocates for Recovery Awareness;
35 (f) the Utah Sentencing Commission, designated by the commission director;
36 (g) the Utah Board of Pardons and Parole, designated by the chair;
37 (h) the Division of Substance Abuse and Mental Health, designated by the director of
38 the division; and
39 (i) the Utah Substance Abuse Advisory Council, designated by the chair.
40 (2) Other individuals, including legislators, may be invited to participate by a majority
41 of the committee members.
42 (3) A majority of the members of the task force constitute a quorum.
43 Section 2. Duties -- Interim report.
44 (1) The committee shall study and make recommendations regarding whether to allow
45 expungement of drug-related offenses from a person's criminal record, and, if so:
46 (a) the steps required to expunge drug-related offenses;
47 (b) which offenses may be expunged;
48 (c) how many may be expunged; and
49 (d) other issues regarding expungement.
50 (2) A final report, including any proposed legislation shall be presented to the
51 Judiciary, Law Enforcement and Criminal Justice Committee before November 30, 2012.
52 Section 3. Repeal date.
53 This bill is repealed November 30, 2012.