Chief Sponsor: Mike K. McKell

Senate Sponsor: Curtis S. Bramble


8     General Description:
9          This bill amends the provisions of the Utah White Collar Crime Offender Registry.
10     Highlighted Provisions:
11          This bill:
12          ▸     authorizes the disclosure of certain driver license information to the attorney general
13     to be posted to the Utah White Collar Crime Offender Registry;
14          ▸     specifies the situations when a driver license photograph may be posted;
15          ▸     authorizes the attorney general to obtain specified offender information from court
16     records, prison or jail booking records, driver license records, and other sources;
17          ▸     provides that an offender who fails to register as required is considered to have
18     consented to the release of specified information; and
19          ▸     makes technical corrections.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          None
24     Utah Code Sections Affected:
25     AMENDS:
26          77-42-102, as enacted by Laws of Utah 2015, Chapter 131
27          77-42-103, as enacted by Laws of Utah 2015, Chapter 131
28          77-42-104, as enacted by Laws of Utah 2015, Chapter 131
29          77-42-105, as enacted by Laws of Utah 2015, Chapter 131

30     ENACTS:
31          53-3-221.7, Utah Code Annotated 1953

33     Be it enacted by the Legislature of the state of Utah:
34          Section 1. Section 53-3-221.7 is enacted to read:
35          53-3-221.7. Disclosure of license information for the Utah White Collar Crime
36     Offender Registry.
37          (1) The division shall disclose to the attorney general, if requested, the following
38     information for use in connection with the Utah White Collar Crime Offender Registry
39     established by Title 77, Chapter 42, Utah White Collar Crime Offender Registry:
40          (a) all names and aliases under which an offender has obtained a driver license, but not
41     including any online or Internet identifiers;
42          (b) a physical description of an offender, including the offender's:
43          (i) date of birth;
44          (ii) height;
45          (iii) weight;
46          (iv) eye color; and
47          (v) hair color;
48          (c) the most current driver license photograph of an offender, as allowed in Subsection
49     (2)(a)(ii); and
50          (d) the last known address of an offender.
51          (2) (a) The information in Subsections (1)(a) and (c) may be publicly posted on the
52     Utah White Collar Crime Offender Registry, pursuant to Subsection 77-42-104(4), in order to
53     assist the public in the accurate identification of offenders.
54          (b) The driver license photograph under Subsection (1)(c) may be publicly posted on
55     the registry only if:
56          (i) the offender has not registered as required under Section 77-42-106;
57          (ii) the attorney general has attempted to contact the offender at the last known address

58     listed in the division's records regarding the failure to register; and
59          (iii) 30 or more days have passed since the most recent attempt to contact the offender.
60          (c) The information in Subsection (1)(d) may only be used by the attorney general to
61     assist in locating and communicating with an offender, and may not be publicly posted on the
62     Utah White Collar Crime Offender Registry.
63          Section 2. Section 77-42-102 is amended to read:
64          77-42-102. Definitions.
65          As used in this chapter:
66          (1) "Attorney general" means the Utah attorney general or a deputy attorney general.
67          (2) "Bureau" means the Bureau of Criminal Identification of the Department of Public
68     Safety established in Section 53-10-201.
69          (3) "Business day" means a day on which state offices are open for regular business.
70          (4) "Certificate of eligibility" means a document issued by the Bureau of Criminal
71     Identification stating that the offender has met the requirements of Section 77-42-108.
72          (5) "Conviction" means the same as that term is defined in Section 76-3-201.
73          [(5)] (6) "Offender" means an individual required to register as provided in Section
74     77-42-105.
75          [(6)] (7) "Register" means to comply with the requirements of this chapter and rules of
76     the Office of the Attorney General made under this chapter.
77          Section 3. Section 77-42-103 is amended to read:
78          77-42-103. Duties.
79          (1) The attorney general shall:
80          (a) develop and operate a system to collect, analyze, maintain, and disseminate
81     information on offenders; and
82          (b) make information listed in Section 77-42-104 available to the public.
83          (2) Any attorney general, county attorney, or district attorney shall, in the manner
84     prescribed by the attorney general, inform the attorney general of a person who is convicted of
85     any of the offenses listed in Section 77-42-105 within 45 business days.

86          (3) The attorney general shall:
87          (a) provide the following additional information when available:
88          (i) the crimes for which the offender has been convicted[, noting cases in which the
89     offender is still awaiting sentencing or has appealed the conviction];
90          (ii) a description of the offender's targets; and
91          (iii) any other relevant identifying information as determined by the attorney general;
92          (b) maintain the Utah White Collar Crime Offender Registry website; and
93          (c) ensure that information is entered into the offender registry in a timely manner.
94          Section 4. Section 77-42-104 is amended to read:
95          77-42-104. Utah White Collar Crime Offender Registry -- Attorney general to
96     maintain.
97          (1) The attorney general shall maintain the Utah White Collar Crime Offender Registry
98     website on the Internet, which shall contain a disclaimer informing the public that:
99          (a) the information contained on the website is obtained from [public] government
100     records [and] where feasible, however, the attorney general does not guarantee the website's
101     accuracy or completeness;
102          (b) members of the public are not allowed to use the information to harass or threaten
103     offenders or members of their families; and
104          (c) harassment, stalking, or making threats against offenders or their families is
105     prohibited and may violate Utah criminal laws.
106          (2) The Utah White Collar Crime Offender Registry website shall be indexed by the
107     surname of the offender.
108          (3) The attorney general shall construct the Utah White Collar Crime Offender Registry
109     website so that before accessing registry information, users must indicate that they have read
110     and understand the disclaimer and agree to comply with the disclaimer's terms.
111          (4) Except as provided in Subsection (6), the Utah White Collar Crime Offender
112     Registry website shall include the following registry information, which may be obtained from
113     court records, prison or jail booking records, driver license records, or other sources lawfully

114     and appropriately obtained by and available to the attorney general:
115          (a) all names and aliases by which the offender is or has been known, but not including
116     any online or Internet identifiers;
117          (b) a physical description, including the offender's date of birth, height, weight, and eye
118     and hair color;
119          (c) a recent photograph of the offender; and
120          (d) the crimes listed in Section 77-42-105 of which the offender has been convicted.
121          (5) The Office of the Attorney General and any individual or entity acting at the request
122     or upon the direction of the attorney general are immune from civil liability for damages and
123     will be presumed to have acted in good faith by reporting information.
124          (6) The attorney general shall redact the names, addresses, phone numbers, Social
125     Security numbers, and other information that, if disclosed, specifically identifies individual
126     victims.
127          (7) An offender is considered to have consented to the public posting of the images or
128     records specified in Subsection (4) if the offender:
129          (a) fails to register as required by Subsection 77-42-106(2) within 30 days of
130     conviction of a registerable offense, as specified in Section 77-42-105; or
131          (b) fails to appear at the request of the Office of the Attorney General to have a current
132     photograph taken.
133          Section 5. Section 77-42-105 is amended to read:
134          77-42-105. Registerable offenses.
135          A person shall be required to register with the Office of the Attorney General for a
136     conviction of any of the following offenses as a second degree felony:
137          (1) Section 61-1-1 or Section 61-1-2, securities fraud;
138          (2) Section 76-6-405, theft by deception;
139          (3) Section 76-6-513, unlawful dealing of property by fiduciary;
140          (4) Section 76-6-521, fraudulent insurance;
141          (5) Section 76-6-1203, mortgage fraud;

142          (6) Section 76-10-1801, communications fraud; [and]
143          (7) Section 76-10-1903, money laundering[.]; and
144          (8) Section 76-10-1603, pattern of unlawful activity, if at least one of the unlawful
145     activities used to establish the pattern of unlawful activity is an offense listed in Subsections
146     (1) through (7).