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          ▸     authorizes the attorney general to obtain specified offender information from court
15     records, prison or jail booking records, driver license records, and other sources;
16          ▸     provides that an offender who fails to register as required is considered to have
17     consented to the release of specified information; and
18          ▸     makes technical corrections.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          77-42-102, as enacted by Laws of Utah 2015, Chapter 131
26          77-42-103, as enacted by Laws of Utah 2015, Chapter 131
27          77-42-104, as enacted by Laws of Utah 2015, Chapter 131

28          77-42-105, as enacted by Laws of Utah 2015, Chapter 131
29     ENACTS:
30          53-3-221.7, Utah Code Annotated 1953

32     Be it enacted by the Legislature of the state of Utah:
33          Section 1. Section 53-3-221.7 is enacted to read:
34          53-3-221.7. Disclosure of license information for the Utah White Collar Crime
35     Offender Registry.
36          (1) The division shall disclose to the attorney general, if requested, the following
37     information for use in connection with the Utah White Collar Crime Offender Registry
38     established by Title 77, Chapter 42, Utah White Collar Crime Offender Registry:
39          (a) all names and aliases under which an offender has obtained a driver license, but not
40     including any online or Internet identifiers;
41          (b) a physical description of an offender, including the offender's:
42          (i) date of birth;
43          (ii) height;
44          (iii) weight;
45          (iv) eye color; and
46          (v) hair color;
47          (c) the most current driver license photograph of an offender; and
48          (d) the last known address of an offender.
49          (2) (a) The information in Subsections (1)(a) through (c) may be publicly posted on the
50     Utah White Collar Crime Offender Registry, pursuant to Subsection 77-42-104(4), in order to
51     assist the public in the accurate identification of offenders.
52          (b) The information in Subsection (1)(d) may only be used by the attorney general to
53     assist in locating and communicating with an offender, and may not be publicly posted on the
54     Utah White Collar Crime Offender Registry.
55          Section 2. Section 77-42-102 is amended to read:
56          77-42-102. Definitions.
57          As used in this chapter:
58          (1) "Attorney general" means the Utah attorney general or a deputy attorney general.

59          (2) "Bureau" means the Bureau of Criminal Identification of the Department of Public
60     Safety established in Section 53-10-201.
61          (3) "Business day" means a day on which state offices are open for regular business.
62          (4) "Certificate of eligibility" means a document issued by the Bureau of Criminal
63     Identification stating that the offender has met the requirements of Section 77-42-108.
64          (5) "Conviction" means the same as that term defined in Section 76-3-201.
65          [(5)] (6) "Offender" means an individual required to register as provided in Section
66     77-42-105.
67          [(6)] (7) "Register" means to comply with the requirements of this chapter and rules of
68     the Office of the Attorney General made under this chapter.
69          Section 3. Section 77-42-103 is amended to read:
70          77-42-103. Duties.
71          (1) The attorney general shall:
72          (a) develop and operate a system to collect, analyze, maintain, and disseminate
73     information on offenders; and
74          (b) make information listed in Section 77-42-104 available to the public.
75          (2) Any attorney general, county attorney, or district attorney shall, in the manner
76     prescribed by the attorney general, inform the attorney general of a person who is convicted of
77     any of the offenses listed in Section 77-42-105 within 45 business days.
78          (3) The attorney general shall:
79          (a) provide the following additional information when available:
80          (i) the crimes for which the offender has been convicted[, noting cases in which the
81     offender is still awaiting sentencing or has appealed the conviction];
82          (ii) a description of the offender's targets; and
83          (iii) any other relevant identifying information as determined by the attorney general;
84          (b) maintain the Utah White Collar Crime Offender Registry website; and
85          (c) ensure that information is entered into the offender registry in a timely manner.
86          Section 4. Section 77-42-104 is amended to read:
87          77-42-104. Utah White Collar Crime Offender Registry -- Attorney general to
88     maintain.
89          (1) The attorney general shall maintain the Utah White Collar Crime Offender Registry

90     website on the Internet, which shall contain a disclaimer informing the public that:
91          (a) the information contained on the website is obtained from [public] government
92     records [and] where feasible, however, the attorney general does not guarantee the website's
93     accuracy or completeness;
94          (b) members of the public are not allowed to use the information to harass or threaten
95     offenders or members of their families; and
96          (c) harassment, stalking, or making threats against offenders or their families is
97     prohibited and may violate Utah criminal laws.
98          (2) The Utah White Collar Crime Offender Registry website shall be indexed by the
99     surname of the offender.
100          (3) The attorney general shall construct the Utah White Collar Crime Offender Registry
101     website so that before accessing registry information, users must indicate that they have read
102     and understand the disclaimer and agree to comply with the disclaimer's terms.
103          (4) Except as provided in Subsection (6), the Utah White Collar Crime Offender
104     Registry website shall include the following registry information, which may be obtained from
105     court records, prison or jail booking records, driver license records, or other sources, at the
106     discretion of the attorney general:
107          (a) all names and aliases by which the offender is or has been known, but not including
108     any online or Internet identifiers;
109          (b) a physical description, including the offender's date of birth, height, weight, and eye
110     and hair color;
111          (c) a recent photograph of the offender; and
112          (d) the crimes listed in Section 77-42-105 of which the offender has been convicted.
113          (5) The Office of the Attorney General and any individual or entity acting at the request
114     or upon the direction of the attorney general are immune from civil liability for damages and
115     will be presumed to have acted in good faith by reporting information.
116          (6) The attorney general shall redact the names, addresses, phone numbers, Social
117     Security numbers, and other information that, if disclosed, specifically identifies individual
118     victims.
119          (7) An offender is considered to have consented to the public posting of the images or
120     records specified in Subsection (4) if the offender:

121          (a) fails to register as required by Subsection 77-42-106(2) within 30 days of
122     conviction of a registerable offense, as specified in Section 77-42-105; or
123          (b) fails to appear at the request of the Office of the Attorney General to have a current
124     photograph taken.
125          Section 5. Section 77-42-105 is amended to read:
126          77-42-105. Registerable offenses.
127          A person shall be required to register with the Office of the Attorney General for a
128     conviction of any of the following offenses as a second degree felony:
129          (1) Section 61-1-1 or Section 61-1-2, securities fraud;
130          (2) Section 76-6-405, theft by deception;
131          (3) Section 76-6-513, unlawful dealing of property by fiduciary;
132          (4) Section 76-6-521, fraudulent insurance;
133          (5) Section 76-6-1203, mortgage fraud;
134          (6) Section 76-10-1801, communications fraud; [and]
135          (7) Section 76-10-1903, money laundering[.]; and
136          (8) Section 76-10-1603, pattern of unlawful activity, if at least one of the unlawful
137     activities used to establish the pattern of unlawful activity is an offense listed in Subsections
138     (1) through (7), regardless of whether the offender was convicted of that offense.

Legislative Review Note
Office of Legislative Research and General Counsel