1     
SEX OFFENDER REGISTRY AMENDMENTS

2     
2015 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 modifies the Sex and Kidnap Offender Registry regarding reporting
10     requirements.
11     Highlighted Provisions:
12          This bill:
13          ▸     provides detail regarding reporting for a sex or kidnap offense committed outside of
14     Utah;
15          ▸     requires that the offender provide the phone number for any places where the
16     offender is employed or volunteering; and
17          ▸     includes citation cross references.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          53-3-216, as last amended by Laws of Utah 2012, Chapter 145
25          53-3-807, as last amended by Laws of Utah 2014, Chapter 252
26          62A-7-104, as last amended by Laws of Utah 2012, Chapter 145
27          76-9-702, as last amended by Laws of Utah 2013, Chapter 278

28          76-9-702.1, as last amended by Laws of Utah 2013, Chapter 278
29          77-41-102, as enacted by Laws of Utah 2012, Chapter 145 and last amended by
30     Coordination Clause, Laws of Utah 2012, Chapter 247
31          77-41-103, as last amended by Laws of Utah 2013, Chapter 278
32          77-41-105, as last amended by Laws of Utah 2014, Chapter 105
33          77-41-106, as enacted by Laws of Utah 2012, Chapter 145
34          77-41-107, as enacted by Laws of Utah 2012, Chapter 145
35          77-41-109, as enacted by Laws of Utah 2012, Chapter 145 and last amended by
36     Coordination Clause, Laws of Utah 2012, Chapter 247
37          78B-8-302, as last amended by Laws of Utah 2014, Chapter 378
38     

39     Be it enacted by the Legislature of the state of Utah:
40          Section 1. Section 53-3-216 is amended to read:
41          53-3-216. Change of address -- Duty of licensee to notify division within 10 days
42     -- Change of name -- Proof necessary -- Method of giving notice by division.
43          (1) If a person, after applying for or receiving a license, moves from the address named
44     in the application or in the license certificate issued to him, the person shall within 10 days of
45     moving, notify the division in a manner specified by the division of his new address and the
46     number of any license certificate held by him.
47          (2) If a person requests to change the surname on the applicant's license, the division
48     shall issue a substitute license with the new name upon receiving an application and fee for a
49     duplicate license and any of the following proofs of the applicant's full legal name:
50          (a) an original or certified copy of the applicant's marriage certificate;
51          (b) a certified copy of a court order under Title 42, Chapter 1, Change of Name,
52     showing the name change;
53          (c) an original or certified copy of a birth certificate issued by a government agency;
54          (d) a certified copy of a divorce decree or annulment granted the applicant that
55     specifies the name change requested; or
56          (e) a certified copy of a divorce decree that does not specify the name change requested
57     together with:
58          (i) an original or certified copy of the applicant's birth certificate;

59          (ii) the applicant's marriage license;
60          (iii) a driver license record showing use of a maiden name; or
61          (iv) other documentation the division finds acceptable.
62          (3) (a) Except as provided in Subsection (3)(c), if a person has applied for and received
63     a license certificate and is currently required to register as a sex offender in accordance with
64     Title 77, Chapter 41, Sex and Kidnap Offender Registry:
65          (i) the person's original license or renewal to an original license expires on the next
66     birth date of the licensee beginning on July 1, 2006;
67          (ii) the person shall surrender the person's license to the division on or before the
68     licensee's next birth date beginning on July 1, 2006; and
69          (iii) the person may apply for a license certificate with an expiration date identified in
70     Subsection 53-3-205(7)(h) by:
71          (A) furnishing proper documentation to the division as provided in Section 53-3-205;
72     and
73          (B) paying the fee for a license required under Section 53-3-105.
74          (b) Except as provided in Subsection (3)(c), if a person has applied for and received a
75     license certificate and is subsequently convicted of any offense listed in Subsection
76     77-41-102[(16)](17), the person shall surrender the license certificate to the division on the
77     person's next birth date following the conviction and may apply for a license certificate with an
78     expiration date identified in Subsection 53-3-205(7)(h) by:
79          (i) furnishing proper documentation to the division as provided in Section 53-3-205;
80     and
81          (ii) paying the fee for a license required under Section 53-3-105.
82          (c) A person who is unable to comply with the provisions of Subsection (3)(a) or (3)(b)
83     because the person is in the custody of the Department of Corrections or the Division of
84     Juvenile Justice Services, confined in a correctional facility not operated by or under contract
85     with the Department of Corrections, or committed to a state mental facility, shall comply with
86     the provisions of Subsection (3)(a) or (b) within 10 days of being released from confinement.
87          (4) (a) If the division is authorized or required to give any notice under this chapter or
88     other law regulating the operation of vehicles, the notice shall, unless otherwise prescribed, be
89     given by:

90          (i) personal delivery to the person to be notified; or
91          (ii) deposit in the United States mail with postage prepaid, addressed to the person at
92     his address as shown by the records of the division.
93          (b) The giving of notice by mail is complete upon the expiration of four days after the
94     deposit of the notice.
95          (c) Proof of the giving of notice in either manner may be made by the certificate of any
96     officer or employee of the division or affidavit of any person older than 18 years of age,
97     naming the person to whom the notice was given and specifying the time, place, and manner of
98     giving the notice.
99          (5) The division may use state mailing or United States Postal Service information to:
100          (a) verify an address on an application or on records of the division; and
101          (b) correct mailing addresses in the division's records.
102          (6) (a) A violation of the provisions of Subsection (1) is an infraction.
103          (b) A person who knowingly fails to surrender a license certificate under Subsection
104     (3) is guilty of a class A misdemeanor.
105          Section 2. Section 53-3-807 is amended to read:
106          53-3-807. Expiration -- Address and name change -- Extension.
107          (1) (a) A regular identification card issued on or after July 1, 2006, expires on the birth
108     date of the applicant in the fifth year following the issuance of the regular identification card.
109          (b) A limited-term identification card expires on:
110          (i) the expiration date of the period of time of the individual's authorized stay in the
111     United States or on the birth date of the applicant in the fifth year following the issuance of the
112     limited-term identification card, whichever is sooner; or
113          (ii) on the date of issuance in the first year following the year that the limited-term
114     identification card was issued if there is no definite end to the individual's period of authorized
115     stay.
116          (2) If a person has applied for and received an identification card and subsequently
117     moves from the address shown on the application or on the card, the person shall within 10
118     days notify the division in a manner specified by the division of the person's new address.
119          (3) If a person has applied for and received an identification card and subsequently
120     changes the person's name under Title 42, Chapter 1, Change of Name, the person:

121          (a) shall surrender the card to the division; and
122          (b) may apply for a new card in the person's new name by:
123          (i) furnishing proper documentation to the division as provided in Section 53-3-804;
124     and
125          (ii) paying the fee required under Section 53-3-105.
126          (4) (a) Except as provided in Subsection (4)(c), if a person has applied for and received
127     an identification card and is currently required to register as a sex offender in accordance with
128     Title 77, Chapter 41, Sex and Kidnap Offender Registry:
129          (i) the person's identification card expires annually on the next birth date of the
130     cardholder, on and after July 1, 2006;
131          (ii) the person shall surrender the person's identification card to the division on or
132     before the cardholder's next birth date beginning on July 1, 2006; and
133          (iii) the person may apply for an identification card with an expiration date identified in
134     Subsection (8) by:
135          (A) furnishing proper documentation to the division as provided in Section 53-3-804;
136     and
137          (B) paying the fee for an identification card required under Section 53-3-105.
138          (b) Except as provided in Subsection (4)(c), if a person has applied for and received an
139     identification card and is subsequently convicted of any offense listed in Subsection
140     77-41-102[(16)](17), the person shall surrender the card to the division on the person's next
141     birth date following the conviction and may apply for a new card with an expiration date
142     identified in Subsection (8) by:
143          (i) furnishing proper documentation to the division as provided in Section 53-3-804;
144     and
145          (ii) paying the fee required under Section 53-3-105.
146          (c) A person who is unable to comply with the provisions of Subsection (4)(a) or (4)(b)
147     because the person is in the custody of the Department of Corrections or Division of Juvenile
148     Justice Services, confined in a correctional facility not operated by or under contract with the
149     Department of Corrections, or committed to a state mental facility, shall comply with the
150     provisions of Subsection (4)(a) or (b) within 10 days of being released from confinement.
151          (5) A person older than 21 years of age with a disability, as defined under the

152     Americans with Disabilities Act of 1990, Pub. L. 101-336, may extend the expiration date on
153     an identification card for five years if the person with a disability or an agent of the person with
154     a disability:
155          (a) requests that the division send the application form to obtain the extension or
156     requests an application form in person at the division's offices;
157          (b) completes the application;
158          (c) certifies that the extension is for a person 21 years of age or older with a disability;
159     and
160          (d) returns the application to the division together with the identification card fee
161     required under Section 53-3-105.
162          (6) The division may extend a valid regular identification card for five years:
163          (a) (i) at any time within six months before the identification card expires; and
164          (ii) if the identification card was issued after January 1, 2010.
165          (b) The application for an extension of a regular identification card shall be
166     accompanied by a fee under Section 53-3-105.
167          (c) The division shall allow extensions:
168          (i) by mail, electronic means, or other means as determined by the division at the
169     appropriate extension fee rate under Section 53-3-105; and
170          (ii) only if the applicant qualifies under this section.
171          (7) (a) (i) Except as prohibited under Subsection (7)(b), a regular identification card
172     may only be extended once under Subsections (5) and (6).
173          (ii) After an extension an application for an identification card must be applied for in
174     person at the division's offices.
175          (b) An identification card issued to a person required to register as a sex offender in
176     accordance with Title 77, Chapter 41, Sex and Kidnap Offender Registry, may not be extended.
177          (8) An identification card issued prior to July 1, 2006 to a person 65 years of age or
178     older expires on December 1, 2017.
179          (9) Notwithstanding the provisions of this section, an identification card expires on the
180     birth date of the applicant in the first year following the year that the identification card was
181     issued if the applicant is required to register as a sex offender in accordance with Title 77,
182     Chapter 41, Sex and Kidnap Offender Registry.

183          (10) A person who knowingly fails to surrender an identification card under Subsection
184     (4) is guilty of a class A misdemeanor.
185          Section 3. Section 62A-7-104 is amended to read:
186          62A-7-104. Division responsibilities.
187          (1) The division is responsible for all youth offenders committed to it by juvenile
188     courts for secure confinement or supervision and treatment in the community.
189          (2) The division shall:
190          (a) establish and administer a continuum of community, secure, and nonsecure
191     programs for all youth offenders committed to the division;
192          (b) establish and maintain all detention and secure facilities and set minimum standards
193     for those facilities;
194          (c) establish and operate prevention and early intervention youth services programs for
195     nonadjudicated youth placed with the division; and
196          (d) establish observation and assessment programs necessary to serve youth offenders
197     committed by the juvenile court for short-term observation under Subsection 78A-6-117(2)(e),
198     and whenever possible, conduct the programs in settings separate and distinct from secure
199     facilities for youth offenders.
200          (3) The division shall place youth offenders committed to it in the most appropriate
201     program for supervision and treatment.
202          (4) In any order committing a youth offender to the division, the juvenile court shall
203     specify whether the youth offender is being committed for secure confinement or placement in
204     a community-based program. The division shall place the youth offender in the most
205     appropriate program within the category specified by the court.
206          (5) The division shall employ staff necessary to:
207          (a) supervise and control youth offenders in secure facilities or in the community;
208          (b) supervise and coordinate treatment of youth offenders committed to the division for
209     placement in community-based programs; and
210          (c) control and supervise nonadjudicated youth placed with the division for temporary
211     services in receiving centers, youth services, and other programs established by the division.
212          (6) Youth in the custody or temporary custody of the division are controlled or detained
213     in a manner consistent with public safety and rules promulgated by the division. In the event of

214     an unauthorized leave from a secure facility, detention center, community-based program,
215     receiving center, home, or any other designated placement, division employees have the
216     authority and duty to locate and apprehend the youth, or to initiate action with local law
217     enforcement agencies for assistance.
218          (7) The division shall establish and operate compensatory-service work programs for
219     youth offenders committed to the division by the juvenile court. The compensatory-service
220     work program shall:
221          (a) provide labor to help in the operation, repair, and maintenance of public facilities,
222     parks, highways, and other programs designated by the division;
223          (b) provide educational and prevocational programs in cooperation with the State
224     Board of Education for youth offenders placed in the program; and
225          (c) provide counseling to youth offenders.
226          (8) The division shall establish minimum standards for the operation of all private
227     residential and nonresidential rehabilitation facilities which provide services to juveniles who
228     have committed a delinquent act, in this state or in any other state.
229          (9) In accordance with policies established by the board, the division shall provide
230     regular training for staff of secure facilities, detention staff, case management staff, and staff of
231     the community-based programs.
232          (10) (a) The division is authorized to employ special function officers, as defined in
233     Section 53-13-105, to locate and apprehend minors who have absconded from division
234     custody, transport minors taken into custody pursuant to division policy, investigate cases, and
235     carry out other duties as assigned by the division.
236          (b) Special function officers may be employed through contract with the Department of
237     Public Safety, any P.O.S.T. certified law enforcement agency, or directly hired by the division.
238          (11) The division shall designate employees to obtain the saliva DNA specimens
239     required under Section 53-10-403. The division shall ensure that the designated employees
240     receive appropriate training and that the specimens are obtained in accordance with accepted
241     protocol.
242          (12) The division shall register with the Department of Corrections any person who:
243          (a) has been adjudicated delinquent based on an offense listed in Subsection
244     77-41-102[(16)](17)(a);

245          (b) has been committed to the division for secure confinement; and
246          (c) remains in the division's custody 30 days prior to the person's 21st birthday.
247          Section 4. Section 76-9-702 is amended to read:
248          76-9-702. Lewdness.
249          (1) A person is guilty of lewdness if the person under circumstances not amounting to
250     rape, object rape, forcible sodomy, forcible sexual abuse, aggravated sexual assault, or an
251     attempt to commit any of these offenses, performs any of the following acts in a public place or
252     under circumstances which the person should know will likely cause affront or alarm to, on, or
253     in the presence of another who is 14 years of age or older:
254          (a) an act of sexual intercourse or sodomy;
255          (b) exposes his or her genitals, the female breast below the top of the areola, the
256     buttocks, the anus, or the pubic area;
257          (c) masturbates; or
258          (d) any other act of lewdness.
259          (2) (a) A person convicted the first or second time of a violation of Subsection (1) is
260     guilty of a class B misdemeanor, except under Subsection (2)(b).
261          (b) A person convicted of a violation of Subsection (1) is guilty of a third degree felony
262     if at the time of the violation:
263          (i) the person is a sex offender as defined in Section 77-27-21.7;
264          (ii) the person has been previously convicted two or more times of violating Subsection
265     (1); or
266          (iii) the person has previously been convicted of a violation of Subsection (1) and has
267     also previously been convicted of a violation of Section 76-9-702.5.
268          (c) (i) For purposes of this Subsection (2) and Subsection 77-41-102[(16)](17), a plea
269     of guilty or nolo contendere to a charge under this section that is held in abeyance under Title
270     77, Chapter 2a, Pleas in Abeyance, is the equivalent of a conviction.
271          (ii) This Subsection (2)(c) also applies if the charge under this Subsection (2) has been
272     subsequently reduced or dismissed in accordance with the plea in abeyance agreement.
273          (3) A woman's breast feeding, including breast feeding in any location where the
274     woman otherwise may rightfully be, does not under any circumstance constitute a lewd act,
275     irrespective of whether or not the breast is covered during or incidental to feeding.

276          Section 5. Section 76-9-702.1 is amended to read:
277          76-9-702.1. Sexual battery.
278          (1) A person is guilty of sexual battery if the person, under circumstances not
279     amounting to an offense under Subsection (2), intentionally touches, whether or not through
280     clothing, the anus, buttocks, or any part of the genitals of another person, or the breast of a
281     female person, and the actor's conduct is under circumstances the actor knows or should know
282     will likely cause affront or alarm to the person touched.
283          (2) Offenses referred to in Subsection (1) are:
284          (a) rape, Section 76-5-402;
285          (b) rape of a child, Section 76-5-402.1;
286          (c) object rape, Section 76-5-402.2;
287          (d) object rape of a child, Section 76-5-402.3;
288          (e) forcible sodomy, Subsection 76-5-403(2);
289          (f) sodomy on a child, Section 76-5-403.1;
290          (g) forcible sexual abuse, Section 76-5-404;
291          (h) sexual abuse of a child, Subsection 76-5-404.1(2);
292          (i) aggravated sexual abuse of a child, Subsection 76-5-404.1(4);
293          (j) aggravated sexual assault, Section 76-5-405; and
294          (k) an attempt to commit any offense under this Subsection (2).
295          (3) Sexual battery is a class A misdemeanor.
296          (4) For purposes of Subsection 77-41-102[(16)](17) only, a plea of guilty or nolo
297     contendere to a charge under this section that is held in abeyance under Title 77, Chapter 2a,
298     Pleas in Abeyance, is the equivalent of a conviction. This Subsection (4) also applies if the
299     charge under this section has been subsequently reduced or dismissed in accordance with the
300     plea in abeyance agreement.
301          Section 6. Section 77-41-102 is amended to read:
302          77-41-102. Definitions.
303          As used in this chapter:
304          (1) "Bureau" means the bureau of Criminal Identification of the Department of Public
305     Safety established in section 53-10-201.
306          (2) "Business day" means a day on which state offices are open for regular business.

307          (3) "Certificate of eligibility" means a document issued by the Bureau of Criminal
308     Identification showing that the offender has met the requirements of Section 77-41-112.
309          (4) "Department" means the Department of Corrections.
310          (5) "Division" means the Division of Juvenile Justice Services.
311          (6) "Employed" or "carries on a vocation" includes employment that is full time or part
312     time, whether financially compensated, volunteered, or for the purpose of government or
313     educational benefit.
314          (7) "Indian Country" means:
315          (a) all land within the limits of any Indian reservation under the jurisdiction of the
316     United States government, regardless of the issuance of any patent, and includes rights-of-way
317     running through the reservation;
318          (b) all dependent Indian communities within the borders of the United States whether
319     within the original or subsequently acquired territory, and whether or not within the limits of a
320     state; and
321          (c) all Indian allotments, including the Indian allotments to which the Indian titles have
322     not been extinguished, including rights-of-way running through the allotments.
323          (8) "Jurisdiction" means any state, Indian Country, United States Territory, or any
324     property under the jurisdiction of the United States military, Canada, the United Kingdom,
325     Australia, or New Zealand.
326          (9) "Kidnap offender" means any person other than a natural parent of the victim who:
327          (a) has been convicted in this state of a violation of:
328          (i) Subsection 76-5-301(1)(c) or (d), kidnapping;
329          (ii) Section 76-5-301.1, child kidnapping;
330          (iii) Section 76-5-302, aggravated kidnapping;
331          (iv) Section 76-5-310, aggravated human trafficking, on or after May 10, 2011; or
332          (v) attempting, soliciting, or conspiring to commit any felony offense listed in
333     Subsections (9)(a)(i) through (iv);
334          (b) has been convicted of any crime, or an attempt, solicitation, or conspiracy to
335     commit a crime in another jurisdiction, including any state, federal, or military court that is
336     substantially equivalent to the offenses listed in Subsection (9)(a) and who is:
337          (i) a Utah resident; or

338          (ii) not a Utah resident, but who, in any 12 month period, is in this state for a total of
339     10 or more days, regardless of whether or not the offender intends to permanently reside in this
340     state;
341          (c) (i) is required to register as [an] a kidnap offender in any other jurisdiction[, or] of
342     original conviction, who is required to register as [an] a kidnap offender by any state, federal,
343     or military court, or who would be required to register as a kidnap offender if residing in the
344     jurisdiction of the conviction regardless of the date of the conviction or any previous
345     registration requirements; and
346          (ii) in any 12 month period, is in this state for a total of 10 or more days, regardless of
347     whether or not the offender intends to permanently reside in this state;
348          (d) is a nonresident regularly employed or working in this state, or who is a student in
349     this state, and was convicted of one or more offenses listed in Subsection (9), or any
350     substantially equivalent offense in another jurisdiction, or as a result of the conviction, is
351     required to register in the person's state of residence;
352          (e) is found not guilty by reason of insanity in this state or in any other jurisdiction of
353     one or more offenses listed in Subsection (9); or
354          (f) is adjudicated delinquent based on one or more offenses listed in Subsection (9)(a)
355     and who has been committed to the division for secure confinement for that offense and
356     remains in the division's custody 30 days prior to the person's 21st birthday.
357          (10) "Natural parent" means a minor's biological or adoptive parent, and includes the
358     minor's noncustodial parent.
359          (11) "Offender" means a kidnap offender as defined in Subsection (9) or a sex offender
360     as defined in Subsection [(16)] (17).
361          (12) "Online identifier" or "Internet identifier":
362          (a) means any electronic mail, chat, instant messenger, social networking, or similar
363     name used for Internet communication; and
364          (b) does not include date of birth, Social Security number, PIN number, or Internet
365     passwords.
366          (13) "Primary residence" means the location where the offender regularly resides, even
367     if the offender intends to move to another location or return to another location at any future
368     date.

369          (14) "Register" means to comply with the requirements of this chapter and
370     administrative rules of the department made under this chapter.
371          (15) "Registration website" means the Sex and Kidnap Offender Notification and
372     Registration website described in Section 77-41-110 and the information on the website.
373          [(15)] (16) "Secondary residence" means any real property that the offender owns or
374     has a financial interest in, or any location where, in any 12 month period, the offender stays
375     overnight a total of 10 or more nights when not staying at the offender's primary residence.
376          [(16)] (17) "Sex offender" means any person:
377          (a) convicted in this state of:
378          (i) a felony or class A misdemeanor violation of Section 76-4-401, enticing a minor;
379          (ii) Section 76-5b-202, sexual exploitation of a vulnerable adult, on or after May 10,
380     2011;
381          (iii) a felony violation of Section 76-5-401, unlawful sexual activity with a minor;
382          (iv) Section 76-5-401.1, sexual abuse of a minor;
383          (v) Section 76-5-401.2, unlawful sexual conduct with a 16 or 17 year old;
384          (vi) Section 76-5-402, rape;
385          (vii) Section 76-5-402.1, rape of a child;
386          (viii) Section 76-5-402.2, object rape;
387          (ix) Section 76-5-402.3, object rape of a child;
388          (x) a felony violation of Section 76-5-403, forcible sodomy;
389          (xi) Section 76-5-403.1, sodomy on a child;
390          (xii) Section 76-5-404, forcible sexual abuse;
391          (xiii) Section 76-5-404.1, sexual abuse of a child or aggravated sexual abuse of a child;
392          (xiv) Section 76-5-405, aggravated sexual assault;
393          (xv) Section 76-5-412, custodial sexual relations, when the person in custody is
394     younger than 18 years of age, if the offense is committed on or after May 10, 2011;
395          (xvi) Section 76-5b-201, sexual exploitation of a minor;
396          (xvii) Section 76-7-102, incest;
397          (xviii) Section 76-9-702, lewdness, if the person has been convicted of the offense four
398     or more times;
399          (xix) Section 76-9-702.1, sexual battery, if the person has been convicted of the

400     offense four or more times;
401          (xx) any combination of convictions of Section 76-9-702, lewdness, and of Section
402     76-9-702.1, sexual battery, that total four or more convictions;
403          (xxi) Section 76-9-702.5, lewdness involving a child;
404          (xxii) a felony or class A misdemeanor violation of Section 76-9-702.7, voyeurism;
405          (xxiii) Section 76-10-1306, aggravated exploitation of prostitution; or
406          (xxiv) attempting, soliciting, or conspiring to commit any felony offense listed in
407     Subsection [(16)] (17)(a);
408          (b) who has been convicted of any crime, or an attempt, solicitation, or conspiracy to
409     commit a crime in another jurisdiction, including any state, federal, or military court that is
410     substantially equivalent to the offenses listed in Subsection [(16)] (17)(a) and who is:
411          (i) a Utah resident; or
412          (ii) not a Utah resident, but who, in any 12 month period, is in this state for a total of
413     10 or more days, regardless of whether the offender intends to permanently reside in this state;
414          (c) (i) who is required to register as [an] a sex offender in any other jurisdiction[, or] of
415     original conviction, who is required to register as [an] a sex offender by any state, federal, or
416     military court, or who would be required to register as a sex offender if residing in the
417     jurisdiction of the original conviction regardless of the date of the conviction or any previous
418     registration requirements; and
419          (ii) who, in any 12 month period, is in the state for a total of 10 or more days,
420     regardless of whether or not the offender intends to permanently reside in this state;
421          (d) who is a nonresident regularly employed or working in this state or who is a student
422     in this state and was convicted of one or more offenses listed in Subsection [(16)] (17)(a), or
423     any substantially equivalent offense in any jurisdiction, or as a result of the conviction, is
424     required to register in the person's jurisdiction of residence;
425          (e) who is found not guilty by reason of insanity in this state, or in any other
426     jurisdiction of one or more offenses listed in Subsection [(16)] (17)(a); or
427          (f) who is adjudicated delinquent based on one or more offenses listed in Subsection
428     [(16)] (17)(a) and who has been committed to the division for secure confinement for that
429     offense and remains in the division's custody 30 days prior to the person's 21st birthday.
430          [(17)] (18) "Traffic offense" does not include a violation of Title 41, Chapter 6a, Part 5,

431     Driving Under the Influence and Reckless Driving.
432          [(18)] (19) "Vehicle" means any motor vehicle, aircraft, or watercraft subject to
433     registration in any jurisdiction.
434          Section 7. Section 77-41-103 is amended to read:
435          77-41-103. Department duties.
436          (1) The department, to assist in investigating kidnapping and sex-related crimes, and in
437     apprehending offenders, shall:
438          (a) develop and operate a system to collect, analyze, maintain, and disseminate
439     information on offenders and sex and kidnap offenses;
440          (b) make information listed in Subsection 77-41-110(4) available to the public; and
441          (c) share information provided by an offender under this chapter that may not be made
442     available to the public under Subsection 77-41-110(4), but only:
443          (i) for the purposes under this chapter; or
444          (ii) in accordance with Section 63G-2-206.
445          (2) Any law enforcement agency shall, in the manner prescribed by the department,
446     inform the department of:
447          (a) the receipt of a report or complaint of an offense listed in Subsection 77-41-102(9)
448     or [(16)] (17), within three business days; and
449          (b) the arrest of a person suspected of any of the offenses listed in Subsection
450     77-41-102(9) or [(16)] (17), within five business days.
451          (3) Upon convicting a person of any of the offenses listed in Subsection 77-41-102(9)
452     or [(16)] (17), the convicting court shall within three business days forward a signed copy of
453     the judgment and sentence to the [department] Sex and Kidnap Offender Registry office within
454     the Department of Corrections.
455          (4) The department shall:
456          (a) provide the following additional information when available:
457          (i) the crimes the offender has been convicted of or adjudicated delinquent for;
458          (ii) a description of the offender's primary and secondary targets; and
459          (iii) any other relevant identifying information as determined by the department;
460          (b) maintain the Sex Offender and Kidnap Offender Notification and Registration
461     website; and

462          (c) ensure that the registration information collected regarding an offender's enrollment
463     or employment at an educational institution is:
464          (i) (A) promptly made available to any law enforcement agency that has jurisdiction
465     where the institution is located if the educational institution is an institution of higher
466     education; or
467          (B) promptly made available to the district superintendent of the school district where
468     the offender is enrolled if the educational institution is an institution of primary education; and
469          (ii) entered into the appropriate state records or data system.
470          Section 8. Section 77-41-105 is amended to read:
471          77-41-105. Registration of offenders -- Offender responsibilities.
472          (1) An offender convicted by any other jurisdiction is required to register under
473     Subsection (3) and Subsection 77-41-102(9) or [(16)] (17). The offender shall register with the
474     department within 10 days of entering the state, regardless of the offender's length of stay.
475          (2) (a) An offender required to register under Subsection 77-41-102(9) or [(16)] (17)
476     who is under supervision by the department shall register in person with Division of Adult
477     Probation and Parole.
478          (b) An offender required to register under Subsection 77-41-102(9) or [(16)] (17) who
479     is no longer under supervision by the department shall register in person with the police
480     department or sheriff's office that has jurisdiction over the area where the offender resides.
481          (3) (a) Except as provided in Subsections (3)(b), (c), and (4), and Section 77-41-106,
482     an offender shall, for the duration of the sentence and for 10 years after termination of sentence
483     or custody of the division, register every year during the month of the offender's date of birth,
484     during the month that is the sixth month after the offender's birth month, and also within three
485     business days of every change of the offender's primary residence, any secondary residences,
486     place of employment, vehicle information, or educational information required to be submitted
487     under Subsection (8).
488          (b) Except as provided in Subsections (4) and (5), and Section 77-41-106, an offender
489     who is convicted in another jurisdiction of an offense listed in Subsection 77-41-102(9)(a) or
490     [(16)] (17)(a), a substantially similar offense, or any other offense that requires registration in
491     the jurisdiction of conviction, shall:
492          (i) register for the time period, and in the frequency, required by the jurisdiction where

493     the offender was convicted if that jurisdiction's registration period or registration frequency
494     requirement for the offense that the offender was convicted of is greater than the 10 years from
495     completion of the sentence registration period that is required under Subsection (3)(a), or is
496     more frequent than every six months; or
497          (ii) register in accordance with the requirements of Subsection (3)(a), if the
498     jurisdiction's registration period or frequency requirement for the offense that the offender was
499     convicted of is less than the registration period required under Subsection (3)(a), or is less
500     frequent than every six months.
501          (c) (i) An offender convicted as an adult of any of the offenses listed in Section
502     77-41-106 shall, for the offender's lifetime, register every year during the month of the
503     offender's birth, during the month that is the sixth month after the offender's birth month, and
504     also within three business days of every change of the offender's primary residence, any
505     secondary residences, place of employment, vehicle information, or educational information
506     required to be submitted under Subsection (8).
507          (ii) This registration requirement is not subject to exemptions and may not be
508     terminated or altered during the offender's lifetime.
509          (d) For the purpose of establishing venue for a violation of this Subsection (3), the
510     violation is considered to be committed:
511          (i) at the most recent registered primary residence of the offender or at the location of
512     the offender, if the actual location of the offender at the time of the violation is not known; or
513          (ii) at the location of the offender at the time the offender is apprehended.
514          (4) Notwithstanding Subsection (3) and Section 77-41-106, an offender who is
515     confined in a secure facility or in a state mental hospital is not required to register during the
516     period of confinement.
517          (5) In the case of an offender adjudicated in another jurisdiction as a juvenile and
518     required to register under this chapter, the offender shall register in the time period and in the
519     frequency consistent with the requirements of this Subsection (5). However, if the jurisdiction
520     of the offender's adjudication does not publish the offender's information on a public website,
521     the department shall maintain, but not publish the offender's information on the Sex Offender
522     and Kidnap Offender Registration website.
523          (6) An offender who is required to register under Subsection (3) shall surrender the

524     offender's license, certificate, or identification card as required under Subsection 53-3-216(3)
525     or 53-3-807(4) and may apply for a license certificate or identification card as provided under
526     Section 53-3-205 or 53-3-804.
527          (7) A sex offender who violates Section 77-27-21.8 regarding being in the presence of
528     a child while required to register under this chapter shall register for an additional five years
529     subsequent to the registration period otherwise required under this chapter.
530          (8) An offender shall provide the department or the registering entity with the
531     following information:
532          (a) all names and aliases by which the offender is or has been known;
533          (b) the addresses of the offender's primary and secondary residences;
534          (c) a physical description, including the offender's date of birth, height, weight, eye and
535     hair color;
536          (d) the make, model, color, year, plate number, and vehicle identification number of
537     any vehicle or vehicles the offender owns or regularly drives;
538          (e) a current photograph of the offender;
539          (f) a set of fingerprints, if one has not already been provided;
540          (g) a DNA specimen, taken in accordance with Section 53-10-404, if one has not
541     already been provided;
542          (h) telephone numbers and any other designations used by the offender for routing or
543     self-identification in telephonic communications from fixed locations or cellular telephones;
544          (i) Internet identifiers and the addresses the offender uses for routing or
545     self-identification in Internet communications or postings;
546          (j) the name and Internet address of all websites on which the offender is registered
547     using an online identifier, including all online identifiers used to access those websites;
548          (k) a copy of the offender's passport, if a passport has been issued to the offender;
549          (l) if the offender is an alien, all documents establishing the offender's immigration
550     status;
551          (m) all professional licenses that authorize the offender to engage in an occupation or
552     carry out a trade or business, including any identifiers, such as numbers;
553          (n) each educational institution in Utah at which the offender is employed, carries on a
554     vocation, or is a student, and any change of enrollment or employment status of the offender at

555     any educational institution;
556          (o) the name, the telephone number, and the address of any place where the offender is
557     employed or will be employed;
558          (p) the name, the telephone number, and the address of any place where the offender
559     works as a volunteer or will work as a volunteer; and
560          (q) the offender's Social Security number.
561          (9) Notwithstanding Section 42-1-1, an offender:
562          (a) may not change the offender's name:
563          (i) while under the jurisdiction of the department; and
564          (ii) until the registration requirements of this statute have expired; and
565          (b) may not change the offender's name at any time, if registration is for life under
566     Subsection 77-41-105(3)(c).
567          (10) Notwithstanding Subsections (8)(i) and (j) and 77-41-103(1)(c), an offender is not
568     required to provide the department with:
569          (a) the offender's online identifier and password used exclusively for the offender's
570     employment on equipment provided by an employer and used to access the employer's private
571     network; or
572          (b) online identifiers for the offender's financial accounts, including any bank,
573     retirement, or investment accounts.
574          Section 9. Section 77-41-106 is amended to read:
575          77-41-106. Registerable offenses.
576          Offenses referred to in Subsection 77-41-105(3)(c)(i) are:
577          (1) any offense listed in Subsection 77-41-102(9) or [(16)] (17) if, at the time of the
578     conviction, the offender has previously been convicted of an offense listed in Subsection
579     77-41-102(9) or [(16)] (17) or has previously been required to register as a sex offender for an
580     offense committed as a juvenile;
581          (2) a conviction for any of the following offenses, including attempting, soliciting, or
582     conspiring to commit any felony of:
583          (a) Section 76-5-301.1, child kidnapping, except if the offender is a natural parent of
584     the victim;
585          (b) Section 76-5-402, rape;

586          (c) Section 76-5-402.1, rape of a child;
587          (d) Section 76-5-402.2, object rape;
588          (e) Section 76-5-402.3, object rape of a child;
589          (f) Section 76-5-403.1, sodomy on a child;
590          (g) Subsection 76-5-404.1(4), aggravated sexual abuse of a child; or
591          (h) Section 76-5-405, aggravated sexual assault;
592          (3) Section 76-4-401, a felony violation of enticing a minor over the Internet;
593          (4) Section 76-5-302, aggravated kidnapping, except if the offender is a natural parent
594     of the victim;
595          (5) Section 76-5-403, forcible sodomy;
596          (6) Section 76-5-404.1, sexual abuse of a child;
597          (7) Section 76-5b-201, sexual exploitation of a minor; or
598          (8) Section 76-10-1306, aggravated exploitation of prostitution, on or after May 10,
599     2011.
600          Section 10. Section 77-41-107 is amended to read:
601          77-41-107. Penalties.
602          (1) An offender who knowingly fails to register under this chapter or provides false or
603     incomplete information is guilty of:
604          (a) a third degree felony and shall be sentenced to serve a term of incarceration for not
605     less than 90 days and also at least one year of probation if:
606          (i) the offender is required to register for a felony conviction or adjudicated delinquent
607     for what would be a felony if the juvenile were an adult of an offense listed in Subsection
608     77-41-102(9)(a) or [(16)] (17)(a); or
609          (ii) the offender is required to register for the offender's lifetime under Subsection
610     77-41-105(3)(c); or
611          (b) a class A misdemeanor and shall be sentenced to serve a term of incarceration for
612     not fewer than 90 days and also at least one year of probation if the offender is required to
613     register for a misdemeanor conviction or is adjudicated delinquent for what would be a
614     misdemeanor if the juvenile were an adult of an offense listed in Subsection 77-41-102(9)(a) or
615     [(16)] (17)(a).
616          (2) Neither the court nor the Board of Pardons and Parole may release a person who

617     violates this chapter from serving the term required under Subsection (1). This Subsection (2)
618     supersedes any other provision of the law contrary to this chapter.
619          (3) The offender shall register for an additional year for every year in which the
620     offender does not comply with the registration requirements of this chapter.
621          Section 11. Section 77-41-109 is amended to read:
622          77-41-109. Miscellaneous provisions.
623          (1) (a) If an offender is to be temporarily sent on any assignment outside a secure
624     facility in which the offender is confined on any assignment, including, without limitation,
625     firefighting or disaster control, the official who has custody of the offender shall, within a
626     reasonable time prior to removal from the secure facility, notify the local law enforcement
627     agencies where the assignment is to be filled.
628          (b) This Subsection (1) does not apply to any person temporarily released under guard
629     from the institution in which the person is confined.
630          (2) Notwithstanding Title 77, Chapter 40, Utah Expungement Act, a person convicted
631     of any offense listed in Subsection 77-41-102(9) or [(16)] (17) is not relieved from the
632     responsibility to register as required under this section, unless the offender is removed from the
633     registry under Section 77-41-112.
634          Section 12. Section 78B-8-302 is amended to read:
635          78B-8-302. Process servers.
636          (1) Complaints, summonses, and subpoenas may be served by a person who is:
637          (a) 18 years of age or older at the time of service; and
638          (b) not a party to the action or a party's attorney.
639          (2) Except as provided in Subsection (5), the following may serve all process issued by
640     the courts of this state:
641          (a) a peace officer employed by a political subdivision of the state acting within the
642     scope and jurisdiction of the peace officer's employment;
643          (b) a sheriff or appointed deputy sheriff employed by a county of the state;
644          (c) a constable, or the constable's deputy, serving in compliance with applicable law;
645          (d) an investigator employed by the state and authorized by law to serve civil process;
646     and
647          (e) a private investigator licensed in accordance with Title 53, Chapter 9, Private

648     Investigator Regulation Act.
649          (3) A private investigator licensed in accordance with Title 53, Chapter 9, Private
650     Investigator Regulation Act, may not make an arrest pursuant to a bench warrant.
651          (4) While serving process, a private investigator shall:
652          (a) have on the investigator's person a visible form of credentials and identification
653     identifying:
654          (i) the investigator's name;
655          (ii) that the investigator is a licensed private investigator; and
656          (iii) the name and address of the agency employing the investigator or, if the
657     investigator is self-employed, the address of the investigator's place of business;
658          (b) verbally communicate to the person being served that the investigator is acting as a
659     process server; and
660          (c) print on the first page of each document served:
661          (i) the investigator's name and identification number as a private investigator; and
662          (ii) the address and phone number for the investigator's place of business.
663          (5) Any service under this section when the use of force is authorized on the face of the
664     document, or when a breach of the peace is imminent or likely under the totality of the
665     circumstances, may only be served by:
666          (a) a law enforcement officer, as defined in Section 53-13-103; or
667          (b) a constable, as defined in Subsection 53-13-105(1)(b)(ii).
668          (6) The following may not serve process issued by a court:
669          (a) a person convicted of a felony violation of an offense listed in Subsection
670     77-41-102[(16)](17); or
671          (b) a person who is a respondent in a proceeding described in Title 78B, Chapter 7,
672     Protective Orders, in which a court has granted the petitioner a protective order.
673          (7) A person serving process shall:
674          (a) legibly document the date and time of service on the front page of the document
675     being served;
676          (b) legibly print the process server's name, address, and telephone number on the return
677     of service;
678          (c) sign the return of service in substantial compliance with Section 78B-5-705;

679          (d) if the process server is a peace officer, sheriff, or deputy sheriff, legibly print the
680     badge number of the process server on the return of service; and
681          (e) if the process server is a private investigator, legibly print the private investigator's
682     identification number on the return of service.






Legislative Review Note
     as of 1-28-15 12:35 PM


Office of Legislative Research and General Counsel