Representative Craig Hall proposes the following substitute bill:




Chief Sponsor: Craig Hall

Senate Sponsor: Curtis S. Bramble


8     General Description:
9          This bill allows the Department of Corrections to receive notification of actions that
10     affect a person's registry requirements.
11     Highlighted Provisions:
12          This bill:
13          ▸     specifies that a court may accept a guilty plea only if it is in conformity with the
14     statute;
15          ▸     requires a court that modifies a conviction for a sex or kidnap offense to notify the
16     department; and
17          ▸     allows the department to intervene in matters that affect a person's registration
18     requirement.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          77-41-103, as last amended by Laws of Utah 2015, Chapter 210

26          78B-9-102, as last amended by Laws of Utah 2008, Chapter 288 and renumbered and
27     amended by Laws of Utah 2008, Chapter 3

29     Be it enacted by the Legislature of the state of Utah:
30          Section 1. Section 77-41-103 is amended to read:
31          77-41-103. Department duties.
32          (1) The department, to assist in investigating kidnapping and sex-related crimes, and in
33     apprehending offenders, shall:
34          (a) develop and operate a system to collect, analyze, maintain, and disseminate
35     information on offenders and sex and kidnap offenses;
36          (b) make information listed in Subsection 77-41-110(4) available to the public; and
37          (c) share information provided by an offender under this chapter that may not be made
38     available to the public under Subsection 77-41-110(4), but only:
39          (i) for the purposes under this chapter; or
40          (ii) in accordance with Section 63G-2-206.
41          (2) Any law enforcement agency shall, in the manner prescribed by the department,
42     inform the department of:
43          (a) the receipt of a report or complaint of an offense listed in Subsection 77-41-102(9)
44     or (17), within three business days; and
45          (b) the arrest of a person suspected of any of the offenses listed in Subsection
46     77-41-102(9) or (17), within five business days.
47          (3) Upon convicting a person of any of the offenses listed in Subsection 77-41-102(9)
48     or (17), the convicting court shall within three business days forward a signed copy of the
49     judgment and sentence to the Sex and Kidnap Offender Registry office within the Department
50     of Corrections.
51          (4) Upon modifying, withdrawing, setting aside, vacating, or otherwise altering a
52     conviction for any offense listed in Subsection 77-41-102(9) or (17), the court shall, within
53     three business days, forward a signed copy of the order to the Sex and Kidnap Offender
54     Registry office within the Department of Corrections.
55          (5) The department may intervene in any matter, including a criminal action, where the
56     matter purports to affect a person's lawfully entered registration requirement.

57          [(4)] (6) The department shall:
58          (a) provide the following additional information when available:
59          (i) the crimes the offender has been convicted of or adjudicated delinquent for;
60          (ii) a description of the offender's primary and secondary targets; and
61          (iii) any other relevant identifying information as determined by the department;
62          (b) maintain the Sex Offender and Kidnap Offender Notification and Registration
63     website; and
64          (c) ensure that the registration information collected regarding an offender's enrollment
65     or employment at an educational institution is:
66          (i) (A) promptly made available to any law enforcement agency that has jurisdiction
67     where the institution is located if the educational institution is an institution of higher
68     education; or
69          (B) promptly made available to the district superintendent of the school district where
70     the offender is enrolled if the educational institution is an institution of primary education; and
71          (ii) entered into the appropriate state records or data system.
72          Section 2. Section 78B-9-102 is amended to read:
73          78B-9-102. Replacement of prior remedies.
74          (1) (a) This chapter establishes the sole remedy for any person who challenges a
75     conviction or sentence for a criminal offense and who has exhausted all other legal remedies,
76     including a direct appeal except as provided in Subsection (2). This chapter replaces all prior
77     remedies for review, including extraordinary or common law writs. Proceedings under this
78     chapter are civil and are governed by the rules of civil procedure. Procedural provisions for
79     filing and commencement of a petition are found in Rule 65C, Utah Rules of Civil Procedure.
80          (b) A court may not enter an order to withdraw, modify, vacate or otherwise set aside a
81     plea unless it is in conformity with this chapter or Section 77-13-6.
82          (2) This chapter does not apply to:
83          (a) habeas corpus petitions that do not challenge a conviction or sentence for a criminal
84     offense;
85          (b) motions to correct a sentence pursuant to Rule 22(e), Utah Rules of Criminal
86     Procedure; or
87          (c) actions taken by the Board of Pardons and Parole.