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7 LONG TITLE
8 General Description:
9 This bill modifies the Utah Code of Criminal Procedure to include a registry for persons
10 who commit specified white collar crimes.
11 Highlighted Provisions:
12 This bill:
13 ▸ authorizes the Office of the Attorney General to develop, operate, and maintain the
14 Utah White Collar Crime Offender Registry website;
15 ▸ provides the manner and process by which the Office of the Attorney General
16 disseminates information from the Utah White Collar Crime Offender Registry
17 website to the public, including the type of information that will be provided;
18 ▸ provides the offenses for which a person must be registered with the Utah White
19 Collar Crime Offender Registry website;
20 ▸ provides that offenders who were convicted of the specified offenses between
21 December 31, 2005 and the time this bill is enacted will not be placed on the Utah
22 White Collar Crime Offender Registry if they:
23 • have complied with all court orders;
24 • have paid all restitution claims; and
25 • have not been convicted of any other offenses for which registration would be
26 required;
27 ▸ provides the duration for which offenders will be placed on the Utah White Collar
28 Crime Offender Registry;
29 ▸ provides rulemaking authority for the Office of the Attorney General to implement
30 the Utah White Collar Crime Offender Registry; and
31 ▸ provides the process and conditions under which a person may petition to have his
32 or her name and information removed from the Utah White Collar Crime Offender
33 Registry.
34 Money Appropriated in this Bill:
35 None
36 Other Special Clauses:
37 None
38 Utah Code Sections Affected:
39 AMENDS:
40 76-8-504.6, as last amended by Laws of Utah 2010, Chapter 283
41 ENACTS:
42 77-42-101, Utah Code Annotated 1953
43 77-42-102, Utah Code Annotated 1953
44 77-42-103, Utah Code Annotated 1953
45 77-42-104, Utah Code Annotated 1953
46 77-42-105, Utah Code Annotated 1953
47 77-42-106, Utah Code Annotated 1953
48 77-42-107, Utah Code Annotated 1953
49 77-42-108, Utah Code Annotated 1953
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51 Be it enacted by the Legislature of the state of Utah:
52 Section 1. Section 76-8-504.6 is amended to read:
53 76-8-504.6. False or misleading information.
54 (1) A person is guilty of a class B misdemeanor if the person, not under oath or
55 affirmation, intentionally or knowingly provides false or misleading material information to:
56 (a) an officer of the court for the purpose of influencing a criminal proceeding; or
57 (b) the Bureau of Criminal Identification for the purpose of obtaining a certificate of
58 eligibility for:
59 (ii) expungement[
60 (ii) removal of the person's name from the White Collar Crime Registry created in Title
61 77, Chapter 42, Utah White Collar Crime Offender Registry.
62 (2) For the purposes of this section "officer of the court" means:
63 (a) prosecutor;
64 (b) judge;
65 (c) court clerk;
66 (d) interpreter;
67 (e) presentence investigator;
68 (f) probation officer;
69 (g) parole officer; and
70 (h) any other person reasonably believed to be gathering information for a criminal
71 proceeding.
72 (3) This section does not apply under circumstances amounting to Section 76-8-306 or
73 any other provision of this code carrying a greater penalty.
74 Section 2. Section 77-42-101 is enacted to read:
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76 77-42-101. Title.
77 This chapter is known as the "Utah White Collar Crime Offender Registry."
78 Section 3. Section 77-42-102 is enacted to read:
79 77-42-102. Definitions.
80 As used in this chapter:
81 (1) "Attorney general" means the Utah attorney general or a deputy attorney general.
82 (2) "Bureau" means the Bureau of Criminal Identification of the Department of Public
83 Safety established in Section 53-10-201.
84 (3) "Business day" means a day on which state offices are open for regular business.
85 (4) "Certificate of eligibility" means a document issued by the Bureau of Criminal
86 Identification stating that the offender has met the requirements of Section 77-42-108.
87 (5) "Offender" means an individual required to register as provided in Section
88 77-42-105.
89 (6) "Register" means to comply with the requirements of this chapter and rules of the
90 Office of the Attorney General made under this chapter.
91 Section 4. Section 77-42-103 is enacted to read:
92 77-42-103. Duties.
93 (1) The attorney general shall:
94 (a) develop and operate a system to collect, analyze, maintain, and disseminate
95 information on offenders; and
96 (b) make information listed in Section 77-42-104 available to the public.
97 (2) Any attorney general, county attorney, or district attorney shall, in the manner
98 prescribed by the attorney general inform the attorney general of a person who is convicted of
99 any of the offenses listed in Section 77-42-105 within 45 business days.
100 (3) The attorney general shall:
101 (a) provide the following additional information when available:
102 (i) the crimes for which the offender has been convicted, noting cases in which the
103 offender is still awaiting sentencing or has appealed the conviction;
104 (ii) a description of the offender's targets; and
105 (iii) any other relevant identifying information as determined by the attorney general;
106 (b) maintain the Utah White Collar Crime Offender Registry website; and
107 (c) ensure that information is entered into the offender registry in a timely manner.
108 Section 5. Section 77-42-104 is enacted to read:
109 77-42-104. Utah White Collar Crime Offender Registry -- Attorney general to
110 maintain.
111 (1) The attorney general shall maintain the Utah White Collar Crime Offender Registry
112 website on the Internet, which shall contain a disclaimer informing the public that:
113 (a) the information contained on the website is obtained from public records and the
114 attorney general does not guarantee the website's accuracy or completeness;
115 (b) members of the public are not allowed to use the information to harass or threaten
116 offenders or members of their families; and
117 (c) harassment, stalking, or making threats against offenders or their families is
118 prohibited and may violate Utah criminal laws.
119 (2) The Utah White Collar Crime Offender Registry website shall be indexed by the
120 surname of the offender.
121 (3) The attorney general shall construct the Utah White Collar Crime Offender Registry
122 website so that before accessing registry information, users must indicate that they have read
123 and understand the disclaimer and agree to comply with the disclaimer's terms.
124 (4) Except as provided in Subsection (6), the Utah White Collar Crime Offender
125 Registry website shall include the following registry information:
126 (a) all names and aliases by which the offender is or has been known, but not including
127 any online or Internet identifiers;
128 (b) a physical description, including the offender's date of birth, height, weight, and eye
129 and hair color;
130 (c) a recent photograph of the offender; and
131 (d) the crimes listed in Section 77-42-105 of which the offender has been convicted.
132 (5) The Office of the Attorney General and any individual or entity acting at the request
133 or upon the direction of the attorney general are immune from civil liability for damages and
134 will be presumed to have acted in good faith by reporting information.
135 (6) The attorney general shall redact the names, addresses, phone numbers, Social
136 Security numbers, and other information that, if disclosed, specifically identifies individual
137 victims.
138 Section 6. Section 77-42-105 is enacted to read:
139 77-42-105. Registerable offenses.
140 A person shall be required to register with the Office of the Attorney General for a
141 conviction of any of the following offenses as a second degree felony:
142 (1) Section 61-1-1 or Section 61-1-2, securities fraud;
143 (2) Section 76-6-405, theft by deception;
144 (3) Section 76-6-513, unlawful dealing of property by fiduciary;
145 (4) Section 76-6-521, fraudulent insurance;
146 (5) Section 76-6-1203, mortgage fraud;
147 (6) Section 76-10-1801, communications fraud; and
148 (7) Section 76-10-1903, money laundering.
149 Section 7. Section 77-42-106 is enacted to read:
150 77-42-106. Registration of offenders -- Utah White Collar Crime Offender
151 Registry.
152 (1) An offender who has been convicted of any offense listed in Section 77-42-105
153 shall be on the Utah White Collar Crime Offender Registry for:
154 (a) a period of 10 years for a first offense;
155 (b) a second period of 10 years for a second conviction under this section; and
156 (c) a lifetime period if convicted a third time under this section.
157 (2) Except as provided in Subsection (3), an offender who has been convicted of any
158 offense listed in Section 77-42-105 after December 31, 2005, shall register with the attorney
159 general to be included in the Utah White Collar Crime Offender Registry.
160 (3) An offender is not be required to register as provided in Subsection (2) if the
161 offender:
162 (a) has complied with all court orders at the time of sentencing;
163 (b) has paid in full all court ordered amounts of restitution to victims; and
164 (c) has not been convicted of any other offense for which registration would be
165 required.
166 Section 8. Section 77-42-107 is enacted to read:
167 77-42-107. Department and agency requirements.
168 (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
169 attorney general shall make rules necessary to implement this chapter, including:
170 (a) the method for dissemination of registry information; and
171 (b) instructions to the public regarding acceptable use of the information.
172 (2) Any information regarding the identity or location of a victim may be redacted by
173 the attorney general from information provided under Subsection 77-42-104(6).
174 Section 9. Section 77-42-108 is enacted to read:
175 77-42-108. Removal from the Utah White Collar Crime Offender Registry.
176 (1) An offender may petition the court where the offender was convicted of the offense
177 for which registration with the Utah White Collar Crime Offender Registry is required, for an
178 order to remove the offender from the Utah White Collar Crime Offender Registry, if:
179 (a) five years have passed since the completion of the offender's sentence;
180 (b) the offender has successfully completed all treatment ordered by the court or the
181 Board of Pardons and Parole relating to the conviction;
182 (c) (i) the offender has not been convicted of any other crime, excluding traffic
183 offenses, as evidenced by a certificate of eligibility issued by the bureau; and
184 (ii) as used in this section, "traffic offense" does not include a violation of Title 41,
185 Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving;
186 (d) the offender has paid all restitution ordered by the court;
187 (e) notice has been delivered to the victims and the office that prosecuted the offender;
188 and
189 (f) the offender has not been found to be civilly liable in any case in which fraud,
190 misrepresentation, deceit, breach of fiduciary duty, or the misuse or misappropriation of funds
191 is an element.
192 (2) (a) (i) An offender seeking removal from the White Collar Crime Offender Registry
193 shall apply for a certificate of eligibility from the bureau.
194 (ii) An offender who intentionally or knowingly provides any false or misleading
195 information to the bureau when applying for a certificate of eligibility is guilty of a class B
196 misdemeanor and subject to prosecution under Section 76-8-504.6.
197 (iii) Regardless of whether the offender is prosecuted, the bureau may deny a certificate
198 of eligibility to anyone providing false information on an application under this Subsection (2).
199 (b) (i) The bureau shall check the records of governmental agencies, including national
200 criminal databases, to determine whether an offender is eligible to receive a certificate of
201 eligibility under this section.
202 (ii) If the offender meets all of the criteria under Subsections (1)(a) through (d), the
203 bureau shall issue a certificate of eligibility to the offender which shall be valid for a period of
204 90 days from the date the certificate is issued.
205 (c) (i) The bureau shall charge an application fee for the certificate of eligibility in
206 accordance with the process in Section 63J-1-504.
207 (ii) The fee shall be paid at the time the offender submits an application for a certificate
208 of eligibility to the bureau.
209 (iii) If the bureau determines that the issuance of a certificate of eligibility is
210 appropriate, the bureau shall issue to the offender a certificate of eligibility at no additional
211 charge.
212 (d) Funds generated under this Subsection (2) shall be deposited in the General Fund as
213 a dedicated credit by the department to cover the costs incurred in determining eligibility.
214 (3) The offender shall:
215 (a) file with the court the following information:
216 (i) the petition;
217 (ii) the original information;
218 (iii) the court docket; and
219 (iv) an affidavit certifying that the offender is in compliance with the provisions of
220 Subsection (1); and
221 (b) deliver a copy of the petition to the office of the prosecutor.
222 (4) (a) Upon receipt of a petition for removal from the Utah White Collar Crime
223 Offender Registry, the office of the prosecutor shall provide notice of the petition by first-class
224 mail to the victims at the most recent addresses of record on file.
225 (b) The notice shall:
226 (i) include a copy of the petition for removal from the registry;
227 (ii) state that the victim has a right to object to the removal of the offender from the
228 registry; and
229 (iii) provide instructions for filing an objection with the court.
230 (5) The office of the prosecutor shall provide the following, if available, to the court
231 within 30 days after receiving the petition:
232 (a) a presentence report;
233 (b) any evaluation done as part of sentencing; and
234 (c) any other information the office of the prosecutor feels the court should consider.
235 (6) The victim may respond to the petition by filing a recommendation or objection
236 with the court within 45 days after the mailing of the petition to the victim.
237 (7) The court shall:
238 (a) review the petition and all documents submitted with the petition; and
239 (b) hold a hearing if requested by the office of the prosecutor or the victim.
240 (8) When considering a petition for removal from the registry, the court shall consider
241 whether the offender has paid all restitution ordered by the court or the Board of Pardons and
242 Parole.
243 (9) If the court determines that it is not contrary to the interests of the public to do so,
244 the court may grant the petition and order removal of the offender from the registry.
245 (10) If the court grants the petition, the court shall forward a copy of the order directing
246 removal of the offender from the registry to the attorney general and the office of the
247 prosecutor.
248 (11) The office of the prosecutor shall notify the victims of the court's decision in the
249 same manner as the notification required in Subsection (3)(a).
250 (12) The attorney general shall remove an offender from the registry upon the offender
251 providing satisfactory evidence to the attorney general that:
252 (a) each conviction listed in Section 77-42-105 has either been expunged or reduced in
253 degree below a second degree felony; and
254 (b) the offender has paid all court-ordered restitution to victims.