1     
OFFENDER REGISTRY AMENDMENTS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: James A. Dunnigan

5     
Senate Sponsor: Lyle W. Hillyard

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions relating to certain sexual offenses and the Sex and Kidnap
10     Offender Registry.
11     Highlighted Provisions:
12          This bill:
13          ▸     modifies the definition of "sexual offense against a minor" as the term relates to a
14     criminal investigation of an electronic communications record;
15          ▸     deletes provisions requiring a sex offender to annually apply for a driver license or
16     identification card;
17          ▸     requires a sex offender to apply in person for an updated driver license or
18     identification card within 30 days after the day on which the offender changes
19     addresses;
20          ▸     requires the Driver License Division to disclose to the Department of Corrections
21     certain records relating to sex offenders upon request;
22          ▸     modifies the offenses for which a petition for removal from the registry may be
23     filed;
24          ▸     modifies certain procedural requirements relating to a sex or kidnap offender's
25     removal from the registry;
26          ▸     provides that a sex or kidnap offender may change the offender's name if certain
27     requirements are met;
28          ▸     modifies the penalty for the offense of dealing in material harmful to minors;

29          ▸     modifies the penalty for the offense of sexual exploitation of a minor; and
30          ▸     makes technical changes.
31     Money Appropriated in this Bill:
32          None
33     Other Special Clauses:
34          This bill provides a coordination clause.
35     Utah Code Sections Affected:
36     AMENDS:
37          53-3-105, as last amended by Laws of Utah 2018, Chapters 301 and 417
38          53-3-205, as last amended by Laws of Utah 2018, Chapters 39, 128, and 417
39          53-3-216, as last amended by Laws of Utah 2015, Chapter 210
40          53-3-413, as last amended by Laws of Utah 2012, Chapter 145
41          53-3-804, as last amended by Laws of Utah 2018, Chapter 39
42          53-3-807, as last amended by Laws of Utah 2015, Chapter 210
43          76-5b-201, as last amended by Laws of Utah 2018, Chapter 285
44          76-10-1206, as last amended by Laws of Utah 2009, Chapter 345
45          77-22-2.5, as last amended by Laws of Utah 2017, Chapter 447
46          77-41-104, as enacted by Laws of Utah 2012, Chapter 145
47          77-41-105, as last amended by Laws of Utah 2017, Chapter 290
48          77-41-112, as last amended by Laws of Utah 2016, Chapter 185
49     

50     Be it enacted by the Legislature of the state of Utah:
51          Section 1. Section 53-3-105 is amended to read:
52          53-3-105. Fees for licenses, renewals, extensions, reinstatements, rescheduling,
53     and identification cards.
54          The following fees apply under this chapter:
55          (1) An original class D license application under Section 53-3-205 is $32.

56          (2) An original provisional license application for a class D license under Section
57     53-3-205 is $39.
58          (3) An original application for a motorcycle endorsement under Section 53-3-205 is
59     $11.
60          (4) An original application for a taxicab endorsement under Section 53-3-205 is $9.
61          (5) A learner permit application under Section 53-3-210.5 is $19.
62          (6) A renewal of a class D license under Section 53-3-214 is $32 unless Subsection
63     (10) applies.
64          (7) A renewal of a provisional license application for a class D license under Section
65     53-3-214 is $32.
66          (8) A renewal of a motorcycle endorsement under Section 53-3-214 is $11.
67          (9) A renewal of a taxicab endorsement under Section 53-3-214 is $9.
68          (10) A renewal of a class D license for [a person] an individual 65 and older under
69     Section 53-3-214 is $17.
70          (11) An extension of a class D license under Section 53-3-214 is $26 unless Subsection
71     (15) applies.
72          (12) An extension of a provisional license application for a class D license under
73     Section 53-3-214 is $26.
74          (13) An extension of a motorcycle endorsement under Section 53-3-214 is $11.
75          (14) An extension of a taxicab endorsement under Section 53-3-214 is $9.
76          (15) An extension of a class D license for [a person] an individual 65 and older under
77     Section 53-3-214 is $14.
78          (16) An original or renewal application for a commercial class A, B, or C license or an
79     original or renewal of a provisional commercial class A or B license under Part 4, Uniform
80     Commercial Driver License Act, is $52.
81          (17) A commercial class A, B, or C license skills test is $78.
82          (18) Each original CDL endorsement for passengers, hazardous material, double or

83     triple trailers, or tankers is $9.
84          (19) An original CDL endorsement for a school bus under Part 4, Uniform Commercial
85     Driver License Act, is $9.
86          (20) A renewal of a CDL endorsement under Part 4, Uniform Commercial Driver
87     License Act, is $9.
88          (21) (a) A retake of a CDL knowledge test provided for in Section 53-3-205 is $26.
89          (b) A retake of a CDL skills test provided for in Section 53-3-205 is $52.
90          (22) A retake of a CDL endorsement test provided for in Section 53-3-205 is $9.
91          (23) A duplicate class A, B, C, or D license certificate under Section 53-3-215 is $23.
92          (24) (a) A license reinstatement application under Section 53-3-205 is $40.
93          (b) A license reinstatement application under Section 53-3-205 for an alcohol, drug, or
94     combination of alcohol and any drug-related offense is $45 in addition to the fee under
95     Subsection (24)(a).
96          (25) (a) An administrative fee for license reinstatement after an alcohol, drug, or
97     combination of alcohol and any drug-related offense under Section 41-6a-520, 53-3-223, or
98     53-3-231 or an alcohol, drug, or combination of alcohol and any drug-related offense under
99     Part 4, Uniform Commercial Driver License Act, is $255.
100          (b) This administrative fee is in addition to the fees under Subsection (24).
101          (26) (a) An administrative fee for providing the driving record of a driver under
102     Section 53-3-104 or 53-3-420 is $8.
103          (b) The division may not charge for a report furnished under Section 53-3-104 to a
104     municipal, county, state, or federal agency.
105          (27) A rescheduling fee under Section 53-3-205 or 53-3-407 is $25.
106          (28) (a) Except as provided under Subsections (28)(b) and (c), an identification card
107     application under Section 53-3-808 is $23.
108          (b) An identification card application under Section 53-3-808 for a person with a
109     disability, as defined in 42 U.S.C. Sec. 12102, is $17.

110          (c) A fee may not be charged for an identification card application if the individual
111     applying:
112          (i) (A) has not been issued a Utah driver license;
113          (B) is indigent; and
114          (C) is at least 18 years of age; or
115          (ii) submits written verification that the individual is homeless, as defined in Section
116     26-18-411, or a person who is homeless, as defined in Section 35A-5-302, from:
117          (A) a homeless shelter, as defined in Section 10-9a-526;
118          (B) a permanent housing, permanent, supportive, or transitional facility, as defined in
119     Section 35A-5-302; or
120          (C) the Department of Workforce Services.
121          (29) (a) An extension of a regular identification card under Subsection
122     53-3-807[(5)](4) for a person with a disability, as defined in 42 U.S.C. Sec. 12102, is $17.
123          (b) The fee described in Subsection (29)(a) [shall be] is waived if the applicant submits
124     written verification that the individual is homeless, as defined in Section 26-18-411, or a
125     person who is homeless, as defined in Section 35A-5-302, from:
126          (i) a homeless shelter, as defined in Section 10-9a-526;
127          (ii) a permanent housing, permanent, supportive, or transitional facility, as defined in
128     Section 35A-5-302; or
129          (iii) the Department of Workforce Services.
130          (30) (a) An extension of a regular identification card under Subsection
131     53-3-807[(6)](5) is $23.
132          (b) The fee described in Subsection (30)(a) [shall be] is waived if the applicant submits
133     written verification that the individual is homeless, as defined in Section 26-18-411, or a
134     person who is homeless, as defined in Section 35A-5-302, from:
135          (i) a homeless shelter, as defined in Section 10-9a-526;
136          (ii) a permanent housing, permanent, supportive, or transitional facility, as defined in

137     Section 35A-5-302; or
138          (iii) the Department of Workforce Services.
139          (31) In addition to any license application fees collected under this chapter, the division
140     shall impose on individuals submitting fingerprints in accordance with Section 53-3-205.5 the
141     fees that the Bureau of Criminal Identification is authorized to collect for the services the
142     Bureau of Criminal Identification provides under Section 53-3-205.5.
143          (32) An original mobility vehicle permit application under Section 41-6a-1118 is $30.
144          (33) A renewal of a mobility vehicle permit under Section 41-6a-1118 is $30.
145          (34) A duplicate mobility vehicle permit under Section 41-6a-1118 is $12.
146          Section 2. Section 53-3-205 is amended to read:
147          53-3-205. Application for license or endorsement -- Fee required -- Tests --
148     Expiration dates of licenses and endorsements -- Information required -- Previous
149     licenses surrendered -- Driving record transferred from other states -- Reinstatement --
150     Fee required -- License agreement.
151          (1) An application for [any] an original license, provisional license, or endorsement
152     shall be:
153          (a) made upon a form furnished by the division; and
154          (b) accompanied by a nonrefundable fee set under Section 53-3-105.
155          (2) An application and fee for an original provisional class D license or an original
156     class D license entitle the applicant to:
157          (a) not more than three attempts to pass both the knowledge and the skills tests for a
158     class D license within six months [of] after the date of the application;
159          (b) a learner permit if needed pending completion of the application and testing
160     process; and
161          (c) an original class D license and license certificate after all tests are passed and
162     requirements are completed.
163          (3) An application and fee for a motorcycle or taxicab endorsement entitle the

164     applicant to:
165          (a) not more than three attempts to pass both the knowledge and skills tests within six
166     months [of] after the date of the application;
167          (b) a motorcycle learner permit after the motorcycle knowledge test is passed; and
168          (c) a motorcycle or taxicab endorsement when all tests are passed.
169          (4) An application for a commercial class A, B, or C license entitles the applicant to:
170          (a) not more than two attempts to pass a knowledge test when accompanied by the fee
171     provided in Subsection 53-3-105(16);
172          (b) not more than two attempts to pass a skills test when accompanied by a fee in
173     Subsection 53-3-105(17) within six months [of] after the date of application;
174          (c) both a commercial driver instruction permit and a temporary license permit for the
175     license class held before the applicant submits the application if needed after the knowledge
176     test is passed; and
177          (d) an original commercial class A, B, or C license and license certificate when all
178     applicable tests are passed.
179          (5) An application and fee for a CDL endorsement entitle the applicant to:
180          (a) not more than two attempts to pass a knowledge test and not more than two
181     attempts to pass a skills test within six months [of] after the date of the application; and
182          (b) a CDL endorsement when all tests are passed.
183          (6) (a) If a CDL applicant does not pass a knowledge test, skills test, or an endorsement
184     test within the number of attempts provided in Subsection (4) or (5), each test may be taken
185     two additional times within the six months for the fee provided in Section 53-3-105.
186          (b) (i) Beginning July 1, 2015, an out-of-state resident who holds a valid CDIP issued
187     by a state or jurisdiction that is compliant with 49 C.F.R. Part 383 may take a skills test
188     administered by the division if the out-of-state resident pays the fee provided in Subsection
189     53-3-105(17).
190          (ii) The division shall:

191          (A) electronically transmit skills test results for an out-of-state resident to the licensing
192     agency in the state or jurisdiction in which the [person] out-of-state resident has obtained a
193     valid CDIP; and
194          (B) provide the out-of-state resident with documentary evidence upon successful
195     completion of the skills test.
196          (7) (a) Except as provided under Subsections (7)(f)[,] and (g), [and (h),] an original
197     license expires on the birth date of the applicant in the fifth year [following] after the year the
198     license certificate was issued.
199          (b) Except as provided under Subsections (7)(f)[,] and (g), [and (h),] a renewal or an
200     extension to a license expires on the birth date of the licensee in the fifth year [following] after
201     the expiration date of the license certificate renewed or extended.
202          (c) Except as provided under Subsections (7)(f) and (g), a duplicate license expires on
203     the same date as the last license certificate issued.
204          (d) An endorsement to a license expires on the same date as the license certificate
205     regardless of the date the endorsement was granted.
206          (e) (i) A regular license certificate and [any] an endorsement to the regular license
207     certificate held by [a person] an individual described in Subsection (7)(e)(ii), [which] that
208     expires during the time period the [person] individual is stationed outside of the state, is valid
209     until 90 days after the [person's orders have been] individual's orders are terminated, the
210     [person has been] individual is discharged, or the [person's assignment has been] individual's
211     assignment is changed or terminated, unless:
212          (A) the license is suspended, disqualified, denied, or has been cancelled or revoked by
213     the division; or
214          (B) the licensee updates the information or photograph on the license certificate.
215          (ii) The provisions in Subsection (7)(e)(i) apply to [a person] an individual:
216          (A) ordered to active duty and stationed outside of Utah in any of the armed forces of
217     the United States;

218          (B) who is an immediate family member or dependent of [a person] an individual
219     described in Subsection (7)(e)(ii)(A) and is residing outside of Utah;
220          (C) who is a civilian employee of the United States State Department or United States
221     Department of Defense and is stationed outside of the United States; or
222          (D) who is an immediate family member or dependent of [a person] an individual
223     described in Subsection (7)(e)(ii)(C) and is residing outside of the United States.
224          (f) (i) Except as provided in Subsection (7)(f)(ii), a limited-term license certificate or a
225     renewal to a limited-term license certificate expires:
226          (A) on the expiration date of the period of time of the individual's authorized stay in
227     the United States or on the date provided under this Subsection (7), whichever is sooner; or
228          (B) on the date of issuance in the first year following the year that the limited-term
229     license certificate was issued if there is no definite end to the individual's period of authorized
230     stay.
231          (ii) A limited-term license certificate or a renewal to a limited-term license certificate
232     issued to an approved asylee or a refugee expires on the birth date of the applicant in the fifth
233     year following the year that the limited-term license certificate was issued.
234          (g) A driving privilege card issued or renewed under Section 53-3-207 expires on the
235     birth date of the applicant in the first year following the year that the driving privilege card was
236     issued or renewed.
237          [(h) An original license or a renewal to an original license expires on the birth date of
238     the applicant in the first year following the year that the license was issued if the applicant is
239     required to register as a sex offender in accordance with Title 77, Chapter 41, Sex and Kidnap
240     Offender Registry.]
241          (8) (a) In addition to the information required by Title 63G, Chapter 4, Administrative
242     Procedures Act, for requests for agency action, [each] an applicant shall:
243          (i) provide:
244          (A) the applicant's full legal name;

245          (B) the applicant's birth date;
246          (C) the applicant's gender;
247          (D) (I) documentary evidence of the applicant's valid [Social Security] social security
248     number;
249          (II) written proof that the applicant is ineligible to receive a [Social Security] social
250     security number;
251          (III) the applicant's temporary identification number (ITIN) issued by the Internal
252     Revenue Service for [a person] an individual who:
253          (Aa) does not qualify for a [Social Security] social security number; and
254          (Bb) is applying for a driving privilege card; or
255          (IV) other documentary evidence approved by the division;
256          (E) the applicant's Utah residence address as documented by a form or forms
257     acceptable under rules made by the division under Section 53-3-104, unless the application is
258     for a temporary CDL issued under Subsection 53-3-407(2)(b); and
259          (F) fingerprints and a photograph in accordance with Section 53-3-205.5 if the [person]
260     applicant is applying for a driving privilege card;
261          (ii) provide evidence of the applicant's lawful presence in the United States by
262     providing documentary evidence:
263          (A) that [a person] the applicant is:
264          (I) a United States citizen;
265          (II) a United States national; or
266          (III) a legal permanent resident alien; or
267          (B) of the applicant's:
268          (I) unexpired immigrant or nonimmigrant visa status for admission into the United
269     States;
270          (II) pending or approved application for asylum in the United States;
271          (III) admission into the United States as a refugee;

272          (IV) pending or approved application for temporary protected status in the United
273     States;
274          (V) approved deferred action status;
275          (VI) pending application for adjustment of status to legal permanent resident or
276     conditional resident; or
277          (VII) conditional permanent resident alien status;
278          (iii) provide a description of the applicant;
279          (iv) state whether the applicant has previously been licensed to drive a motor vehicle
280     and, if so, when and by what state or country;
281          (v) state whether the applicant has ever had [any] a license suspended, cancelled,
282     revoked, disqualified, or denied in the last 10 years, or whether the applicant has ever had [any]
283     a license application refused, and if so, the date of and reason for the suspension, cancellation,
284     revocation, disqualification, denial, or refusal;
285          (vi) state whether the applicant intends to make an anatomical gift under Title 26,
286     Chapter 28, Revised Uniform Anatomical Gift Act, in compliance with Subsection (15);
287          (vii) state whether the applicant is required to register as a sex offender in accordance
288     with Title 77, Chapter 41, Sex and Kidnap Offender Registry;
289          (viii) state whether the applicant is a veteran of the United States military, provide
290     verification that the applicant was granted an honorable or general discharge from the United
291     States Armed Forces, and state whether the applicant does or does not authorize sharing the
292     information with the Department of Veterans and Military Affairs;
293          (ix) provide all other information the division requires; and
294          (x) sign the application which signature may include an electronic signature as defined
295     in Section 46-4-102.
296          (b) [Each] An applicant shall have a Utah residence address, unless the application is
297     for a temporary CDL issued under Subsection 53-3-407(2)(b).
298          (c) [Each] An applicant shall provide evidence of lawful presence in the United States

299     in accordance with Subsection (8)(a)(ii), unless the application is for a driving privilege card.
300          (d) The division shall maintain on [its] the division's computerized records an
301     applicant's:
302          (i) (A) [Social Security] social security number;
303          (B) temporary identification number (ITIN); or
304          (C) other number assigned by the division if Subsection (8)(a)(i)(D)(IV) applies; and
305          (ii) indication whether the applicant is required to register as a sex offender in
306     accordance with Title 77, Chapter 41, Sex and Kidnap Offender Registry.
307          (9) The division shall require proof of [every] an applicant's name, [birthdate] birth
308     date, and birthplace by at least one of the following means:
309          (a) current license certificate;
310          (b) birth certificate;
311          (c) Selective Service registration; or
312          (d) other proof, including church records, family Bible notations, school records, or
313     other evidence considered acceptable by the division.
314          (10) (a) Except as provided in Subsection (10)(c), if an applicant receives a license in a
315     higher class than what the applicant originally was issued:
316          (i) the license application [shall be] is treated as an original application; and
317          (ii) license and endorsement fees [shall be] are assessed under Section 53-3-105.
318          (b) An applicant that receives a downgraded license in a lower license class during an
319     existing license cycle that has not expired:
320          (i) may be issued a duplicate license with a lower license classification for the
321     remainder of the existing license cycle; and
322          (ii) shall be assessed a duplicate license fee under Subsection 53-3-105(23) if a
323     duplicate license is issued under Subsection (10)(b)(i).
324          (c) An applicant who has received a downgraded license in a lower license class under
325     Subsection (10)(b):

326          (i) may, when eligible, receive a duplicate license in the highest class previously issued
327     during a license cycle that has not expired for the remainder of the existing license cycle; and
328          (ii) shall be assessed a duplicate license fee under Subsection 53-3-105(23) if a
329     duplicate license is issued under Subsection (10)(c)(i).
330          (11) (a) When an application is received from [a person] an applicant previously
331     licensed in another state to drive a motor vehicle, the division shall request a copy of the
332     driver's record from the other state.
333          (b) When received, the driver's record becomes part of the driver's record in this state
334     with the same effect as though entered originally on the driver's record in this state.
335          (12) An application for reinstatement of a license after the suspension, cancellation,
336     disqualification, denial, or revocation of a previous license [shall be] is accompanied by the
337     additional fee or fees specified in Section 53-3-105.
338          (13) [A person] An individual who has an appointment with the division for testing
339     and fails to keep the appointment or to cancel at least 48 hours in advance of the appointment
340     shall pay the fee under Section 53-3-105.
341          (14) [A person] An applicant who applies for an original license or renewal of a license
342     agrees that the [person's] individual's license is subject to [any] a suspension or revocation
343     authorized under this title or Title 41, Motor Vehicles.
344          (15) (a) [The indication of intent] A licensee shall authenticate the indication of intent
345     under Subsection (8)(a)(vi) [shall be authenticated by the licensee] in accordance with division
346     rule.
347          (b) (i) Notwithstanding Title 63G, Chapter 2, Government Records Access and
348     Management Act, the division may, upon request, release to an organ procurement
349     organization, as defined in Section 26-28-102, the names and addresses of all [persons]
350     applicants who, under Subsection (8)(a)(vi), indicate that they intend to make an anatomical
351     gift.
352          (ii) An organ procurement organization may use released information only to:

353          (A) obtain additional information for an anatomical gift registry; and
354          (B) inform licensees of anatomical gift options, procedures, and benefits.
355          (16) Notwithstanding Title 63G, Chapter 2, Government Records Access and
356     Management Act, the division may release to the Department of Veterans and Military Affairs
357     the names and addresses of all [persons] applicants who indicate their status as a veteran under
358     Subsection (8)(a)(viii).
359          (17) Notwithstanding Title 63G, Chapter 2, Government Records Access and
360     Management Act, the division shall, upon request, release to the Sex and Kidnap Offender
361     Registry office in the Department of Corrections, the names and addresses of all applicants
362     who, under Subsection (8)(a)(vii), indicate they are required to register as a sex offender in
363     accordance with Title 77, Chapter 41, Sex and Kidnap Offender Registry.
364          [(17)] (18) The division and [its] the division's employees are not liable, as a result of
365     false or inaccurate information provided under Subsection (8)(a)(vi) or (viii), for direct or
366     indirect:
367          (a) loss;
368          (b) detriment; or
369          (c) injury.
370          [(18)] (19) [A person] An applicant who knowingly fails to provide the information
371     required under Subsection (8)(a)(vii) is guilty of a class A misdemeanor.
372          [(19)] (20) (a) Until December 1, 2014, [a person] an individual born on or after
373     December 1, 1964, may hold both an unexpired Utah license certificate and an unexpired Utah
374     identification card.
375          (b) On or after December 1, 2014, [a person] an individual born on or after December
376     1, 1964:
377          (i) may not hold both an unexpired Utah license certificate and an unexpired
378     identification card; and
379          (ii) if the [person] individual has both an unexpired Utah license certificate and an

380     unexpired Utah identification card in the [person's possession, shall be] individual's possession,
381     the individual is required to surrender either the unexpired Utah license certificate or the
382     unexpired Utah identification card.
383          (c) If [a person] an individual has not surrendered either the Utah license certificate or
384     the Utah identification card as required under this Subsection [(19)] (20), the division shall
385     cancel the Utah identification card on December 1, 2014.
386          [(20)] (21) (a) Until December 1, 2017, [a person born prior to] an individual born
387     before December 1, 1964, may hold both an unexpired Utah license certificate and an
388     unexpired Utah identification card.
389          (b) On or after December 1, 2017, [a person born prior to] an individual born before
390     December 1, 1964:
391          (i) may not hold both an unexpired Utah license certificate and an unexpired
392     identification card; and
393          (ii) if the [person] individual has both an unexpired Utah license certificate and an
394     unexpired Utah identification card in the [person's possession, shall be required to] individual's
395     possession, the individual shall surrender either the unexpired Utah license certificate or the
396     unexpired Utah identification card.
397          (c) If [a person] an individual has not surrendered either the Utah license certificate or
398     the Utah identification card as required under this Subsection [(20)] (21), the division shall
399     cancel the Utah identification card on December 1, 2017.
400          [(21)] (22) (a) [A person] An applicant who applies for an original motorcycle
401     endorsement to a regular license certificate is exempt from the requirement to pass the
402     knowledge and skills test to be eligible for the motorcycle endorsement if the [person]
403     applicant:
404          (i) is a resident of the state of Utah;
405          (ii) (A) is ordered to active duty and stationed outside of Utah in any of the armed
406     forces of the United States; or

407          (B) is an immediate family member or dependent of [a person] an individual described
408     in Subsection [(21)] (22)(a)(ii)(A) and is residing outside of Utah;
409          (iii) has a digitized driver license photo on file with the division;
410          (iv) provides proof to the division of the successful completion of a certified
411     Motorcycle Safety Foundation rider training course; and
412          (v) provides the necessary information and documentary evidence required under
413     Subsection (8).
414          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
415     division shall make rules:
416          (i) establishing the procedures for [a person] an individual to obtain a motorcycle
417     endorsement under this Subsection [(21)] (22); and
418          (ii) identifying the applicable restrictions for a motorcycle endorsement issued under
419     this Subsection [(21)] (22).
420          Section 3. Section 53-3-216 is amended to read:
421          53-3-216. Change of address -- Duty of licensee to notify division within 10 days
422     -- Change of name -- Proof necessary -- Method of giving notice by division.
423          (1) (a) [If a person] Except as provided in Subsection (1)(b), if an individual, after
424     applying for or receiving a license, moves from the address named in the application or in the
425     license certificate issued to [him, the person] the individual, the individual shall, within 10 days
426     [of moving] after the day on which the individual moves, notify the division in a manner
427     specified by the division of [his] the individual's new address and the number of any license
428     certificate held by [him] the individual.
429          (b) If an individual who is required to register as a sex offender under Title 77, Chapter
430     41, Sex and Kidnap Offender Registry, after applying for or receiving a license, moves from
431     the address named in the application or in the license certificate issued to the individual, the
432     individual shall, within 30 days after the day on which the individual moves, apply for an
433     updated license in-person at a division office.

434          (2) If [a person] an applicant requests to change the surname on the applicant's license,
435     the division shall issue a substitute license with the new name upon receiving an application
436     and fee for a duplicate license and any of the following proofs of the applicant's full legal
437     name:
438          (a) an original or certified copy of the applicant's marriage certificate;
439          (b) a certified copy of a court order under Title 42, Chapter 1, Change of Name,
440     showing the name change;
441          (c) an original or certified copy of a birth certificate issued by a government agency;
442          (d) a certified copy of a divorce decree or annulment granted the applicant that
443     specifies the name change requested; or
444          (e) a certified copy of a divorce decree that does not specify the name change requested
445     together with:
446          (i) an original or certified copy of the applicant's birth certificate;
447          (ii) the applicant's marriage license;
448          (iii) a driver license record showing use of a maiden name; or
449          (iv) other documentation the division finds acceptable.
450          [(3) (a) Except as provided in Subsection (3)(c), if a person has applied for and
451     received a license certificate and is currently required to register as a sex offender in
452     accordance with Title 77, Chapter 41, Sex and Kidnap Offender Registry:]
453          [(i) the person's original license or renewal to an original license expires on the next
454     birth date of the licensee beginning on July 1, 2006;]
455          [(ii) the person shall surrender the person's license to the division on or before the
456     licensee's next birth date beginning on July 1, 2006; and]
457          [(iii) the person may apply for a license certificate with an expiration date identified in
458     Subsection 53-3-205(7)(h) by:]
459          [(A) furnishing proper documentation to the division as provided in Section 53-3-205;
460     and]

461          [(B) paying the fee for a license required under Section 53-3-105.]
462          [(b) Except as provided in Subsection (3)(c), if a person has applied for and received a
463     license certificate and is subsequently convicted of any offense listed in Subsection
464     77-41-102(17), the person shall surrender the license certificate to the division on the person's
465     next birth date following the conviction and may apply for a license certificate with an
466     expiration date identified in Subsection 53-3-205(7)(h) by:]
467          [(i) furnishing proper documentation to the division as provided in Section 53-3-205;
468     and]
469          [(ii) paying the fee for a license required under Section 53-3-105.]
470          [(c) A person who is unable to comply with the provisions of Subsection (3)(a) or
471     (3)(b) because the person is in the custody of the Department of Corrections or the Division of
472     Juvenile Justice Services, confined in a correctional facility not operated by or under contract
473     with the Department of Corrections, or committed to a state mental facility, shall comply with
474     the provisions of Subsection (3)(a) or (b) within 10 days of being released from confinement.]
475          [(4)] (3) (a) If the division is authorized or required to give [any] a notice under this
476     chapter or other law regulating the operation of vehicles, the notice shall, unless otherwise
477     prescribed, be given by:
478          (i) personal delivery to the [person] individual to be notified; or
479          (ii) deposit in the United States mail with postage prepaid, addressed to the [person at
480     his] individual at the individual's address as shown by the records of the division.
481          (b) The giving of notice by mail is complete upon the expiration of four days after the
482     deposit of the notice.
483          (c) Proof of the giving of notice in either manner may be made by the certificate of
484     [any] an officer or employee of the division or affidavit of [any person older than] an individual
485     18 years of age or older, naming the [person] individual to whom the notice was given and
486     specifying the time, place, and manner of giving the notice.
487          [(5)] (4) The division may use state mailing or United States Postal Service

488     information to:
489          (a) verify an address on an application or on records of the division; and
490          (b) correct mailing addresses in the division's records.
491          [(6) (a)] (5) A violation of the provisions of Subsection (1) is an infraction.
492          [(b) A person who knowingly fails to surrender a license certificate under Subsection
493     (3) is guilty of a class A misdemeanor.]
494          Section 4. Section 53-3-413 is amended to read:
495          53-3-413. Issuance of CDL by division -- Driving record -- Expiration date --
496     Renewal -- Hazardous materials provision.
497          (1) Before the division may grant a CDL, the division shall obtain the driving record
498     information regarding the applicant through the CDLIS, the NDR, and from each state where
499     the applicant has been licensed.
500          (2) The division shall notify the CDLIS and provide all information required to ensure
501     identification of the CDL holder within 10 days after:
502          (a) issuing a CDL following application for an original, renewal, transfer, or upgrade of
503     the CDL; or
504          (b) any change is made to the identifying information of a CDL holder.
505          (3) (a) The expiration date for a CDL is the birth date of the holder in the fifth year
506     following the year of issuance of the CDL.
507          (b) A limited-term CDL expires on:
508          (i) the expiration date of the period of time of the individual's authorized stay in the
509     United States or on the date provided in Subsection (3)(a), whichever is sooner; or
510          (ii) on the birth date of the applicant in the first year following the year that the
511     limited-term CDL was issued if there is no definite end to the individual's period of authorized
512     stay.
513          [(c) An original CDL or a renewal to an original CDL expires on the birth date of the
514     applicant in the first year following the year that the license was issued if the applicant is

515     required to register as a sex offender in accordance with Title 77, Chapter 41, Sex and Kidnap
516     Offender Registry.]
517          [(d)] (c) A CDL held by [a person] an individual ordered to active duty and stationed
518     outside Utah in any of the armed forces of the United States, which expires during the time
519     period the [person] individual is stationed outside of the state, is valid until 90 days after the
520     [person] individual has been discharged or has left the service, unless:
521          (i) the license is suspended, disqualified, denied, or has been cancelled or revoked by
522     the division; or
523          (ii) the licensee updates the information or photograph on the license certificate.
524          (4) (a) The applicant for a renewal of a CDL shall complete the application form
525     required by Section 53-3-410 and provide updated information and required certification.
526          (b) In addition to the requirements under Subsection (4)(a), the applicant for a renewal
527     of a limited-term CDL shall present documentary evidence that the status by which the
528     individual originally qualified for the limited-term CDL has been extended by the United States
529     Citizenship and Immigration Services or other authorized agency of the United States
530     Department of Homeland Security.
531          (5) The division shall distinguish a limited-term CDL by clearly indicating on the
532     document:
533          (a) that it is temporary; and
534          (b) its expiration date.
535          (6) (a) The division may not issue a hazardous materials endorsement on a CDL unless
536     the applicant meets the security threat assessment standards of the federal Transportation
537     Security Administration.
538          (b) The division shall revoke the hazardous materials endorsement on a CDL upon
539     receiving notice from the federal Transportation Security Administration that the [person]
540     individual holding a hazardous materials endorsement does not meet Transportation Security
541     Administration security threat assessment standards.

542          (c) To obtain an original hazardous materials endorsement or retain a hazardous
543     materials endorsement upon CDL renewal or transfer, the applicant must take and pass the
544     knowledge test for hazardous materials endorsement in addition to any other testing required
545     by the division.
546          (7) Unless otherwise provided, the provisions, requirements, classes, endorsements,
547     fees, restrictions, and sanctions under this code apply to a limited-term CDL in the same way as
548     a CDL issued under this chapter.
549          Section 5. Section 53-3-804 is amended to read:
550          53-3-804. Application for identification card -- Required information -- Release
551     of anatomical gift information -- Cancellation of identification card.
552          (1) To apply for a regular identification card or limited-term identification card, [the]
553     an applicant shall:
554          (a) be a Utah resident;
555          (b) have a Utah residence address; and
556          (c) appear in person at any license examining station.
557          (2) [The] An applicant shall provide the following information to the division:
558          (a) true and full legal name and Utah residence address;
559          (b) date of birth as set forth in a certified copy of the applicant's birth certificate, or
560     other satisfactory evidence of birth, which shall be attached to the application;
561          (c) (i) [Social Security] social security number; or
562          (ii) written proof that the applicant is ineligible to receive a [Social Security] social
563     security number;
564          (d) place of birth;
565          (e) height and weight;
566          (f) color of eyes and hair;
567          (g) signature;
568          (h) photograph;

569          (i) evidence of the applicant's lawful presence in the United States by providing
570     documentary evidence:
571          (i) that [a person] the applicant is:
572          (A) a United States citizen;
573          (B) a United States national; or
574          (C) a legal permanent resident alien; or
575          (ii) of the applicant's:
576          (A) unexpired immigrant or nonimmigrant visa status for admission into the United
577     States;
578          (B) pending or approved application for asylum in the United States;
579          (C) admission into the United States as a refugee;
580          (D) pending or approved application for temporary protected status in the United
581     States;
582          (E) approved deferred action status;
583          (F) pending application for adjustment of status to legal permanent resident or
584     conditional resident; or
585          (G) conditional permanent resident alien status;
586          (j) an indication whether the applicant intends to make an anatomical gift under Title
587     26, Chapter 28, Revised Uniform Anatomical Gift Act;
588          (k) an indication whether the applicant is required to register as a sex offender in
589     accordance with Title 77, Chapter 41, Sex and Kidnap Offender Registry; and
590          (l) an indication whether the applicant is a veteran of the United States Armed Forces,
591     verification that the applicant has received an honorable or general discharge from the United
592     States Armed Forces, and an indication whether the applicant does or does not authorize
593     sharing the information with the state Department of Veterans and Military Affairs.
594          (3) (a) The requirements of Section 53-3-234 apply to this section for each [person]
595     individual, age 16 and older, applying for an identification card.

596          (b) Refusal to consent to the release of information under Section 53-3-234 shall result
597     in the denial of the identification card.
598          (4) [A person] An individual who knowingly fails to provide the information required
599     under Subsection (2)(k) is guilty of a class A misdemeanor.
600          (5) (a) Until December 1, 2014, [a person] an individual born on or after December 1,
601     1964, may hold both an unexpired Utah license certificate and an unexpired Utah identification
602     card.
603          (b) On or after December 1, 2014, [a person] an individual born on or after December
604     1, 1964:
605          (i) may not hold both an unexpired Utah license certificate and an unexpired
606     identification card; and
607          (ii) if the [person] individual has both an unexpired Utah license certificate and an
608     unexpired Utah identification card in the [person's] individual's possession, the individual shall
609     be required to surrender either the unexpired Utah license certificate or the unexpired Utah
610     identification card.
611          (c) If [a person] an individual has not surrendered either the Utah license certificate or
612     the Utah identification card as required under this Subsection (5), the division shall cancel the
613     Utah identification card on December 1, 2014.
614          (6) (a) Until December 1, 2017, [a person] an individual born prior to December 1,
615     1964, may hold both an unexpired Utah license certificate and an unexpired Utah identification
616     card.
617          (b) On or after December 1, 2017, [a person] an individual born prior to December 1,
618     1964:
619          (i) may not hold both an unexpired Utah license certificate and an unexpired
620     identification card; and
621          (ii) if the [person] individual has both an unexpired Utah license certificate and an
622     unexpired Utah identification card in the [person's] individual's possession, the individual shall

623     [be required to] surrender either the unexpired Utah license certificate or the unexpired Utah
624     identification card.
625          (c) If [a person] an individual has not surrendered either the Utah license certificate or
626     the Utah identification card as required under this Subsection (6), the division shall cancel the
627     Utah identification card on December 1, 2017.
628          (7) Notwithstanding Title 63G, Chapter 2, Government Records Access and
629     Management Act, the division shall, upon request, release to the Sex and Kidnap Offender
630     Registry office in the Department of Corrections, the names and addresses of all applicants
631     who, under Subsection (2)(k), indicate they are required to register as a sex offender in
632     accordance with Title 77, Chapter 41, Sex and Kidnap Offender Registry.
633          Section 6. Section 53-3-807 is amended to read:
634          53-3-807. Expiration -- Address and name change -- Extension.
635          (1) (a) A regular identification card issued on or after July 1, 2006, expires on the birth
636     date of the applicant in the fifth year [following] after the issuance of the regular identification
637     card.
638          (b) A limited-term identification card expires on:
639          (i) the expiration date of the period of time of the individual's authorized stay in the
640     United States or on the birth date of the applicant in the fifth year [following] after the issuance
641     of the limited-term identification card, whichever is sooner; or
642          (ii) on the date of issuance in the first year [following] after the year that the
643     limited-term identification card was issued if there is no definite end to the individual's period
644     of authorized stay.
645          (2) (a) [If a person] Except as provided in Subsection (2)(b), if an individual has
646     applied for and received an identification card and subsequently moves from the address shown
647     on the application or on the card, the [person] individual shall, within 10 days after the day on
648     which the individual moves, notify the division in a manner specified by the division of the
649     [person's] individual's new address.

650          (b) If an individual who is required to register as a sex offender under Title 77, Chapter
651     41, Sex and Kidnap Offender Registry, has applied for and received an identification card and
652     subsequently moves from the address shown on the application or on the card, the individual
653     shall, within 30 days after the day on which the individual moves, apply for an updated
654     identification card in-person at a division office.
655          (3) If [a person] an individual has applied for and received an identification card and
656     subsequently changes the [person's] individual's name under Title 42, Chapter 1, Change of
657     Name, the [person] individual:
658          (a) shall surrender the card to the division; and
659          (b) may apply for a new card in the [person's] individual's new name by:
660          (i) furnishing proper documentation to the division as provided in Section 53-3-804;
661     and
662          (ii) paying the fee required under Section 53-3-105.
663          [(4) (a) Except as provided in Subsection (4)(c), if a person has applied for and
664     received an identification card and is currently required to register as a sex offender in
665     accordance with Title 77, Chapter 41, Sex and Kidnap Offender Registry:]
666          [(i) the person's identification card expires annually on the next birth date of the
667     cardholder, on and after July 1, 2006;]
668          [(ii) the person shall surrender the person's identification card to the division on or
669     before the cardholder's next birth date beginning on July 1, 2006; and]
670          [(iii) the person may apply for an identification card with an expiration date identified
671     in Subsection (8) by:]
672          [(A) furnishing proper documentation to the division as provided in Section 53-3-804;
673     and]
674          [(B) paying the fee for an identification card required under Section 53-3-105.]
675          [(b) Except as provided in Subsection (4)(c), if a person has applied for and received
676     an identification card and is subsequently convicted of any offense listed in Subsection

677     77-41-102(17), the person shall surrender the card to the division on the person's next birth
678     date following the conviction and may apply for a new card with an expiration date identified
679     in Subsection (8) by:]
680          [(i) furnishing proper documentation to the division as provided in Section 53-3-804;
681     and]
682          [(ii) paying the fee required under Section 53-3-105.]
683          [(c) A person who is unable to comply with the provisions of Subsection (4)(a) or
684     (4)(b) because the person is in the custody of the Department of Corrections or Division of
685     Juvenile Justice Services, confined in a correctional facility not operated by or under contract
686     with the Department of Corrections, or committed to a state mental facility, shall comply with
687     the provisions of Subsection (4)(a) or (b) within 10 days of being released from confinement.]
688          [(5)] (4) A person [older than] 21 years of age or older with a disability, as defined
689     under the Americans with Disabilities Act of 1990, Pub. L. 101-336, may extend the expiration
690     date on an identification card for five years if the person with a disability or an agent of the
691     person with a disability:
692          (a) requests that the division send the application form to obtain the extension or
693     requests an application form in person at the division's offices;
694          (b) completes the application;
695          (c) certifies that the extension is for a person 21 years of age or older with a disability;
696     and
697          (d) returns the application to the division together with the identification card fee
698     required under Section 53-3-105.
699          [(6)] (5) (a) The division may extend a valid regular identification card issued after
700     January 1, 2010, for five years[:(a) (i)] at any time within six months before the day on which
701     the identification card expires[; and].
702          [(ii) if the identification card was issued after January 1, 2010.]
703          (b) The application for an extension of a regular identification card [shall be] is

704     accompanied by a fee under Section 53-3-105.
705          (c) The division shall allow extensions:
706          (i) by mail, electronic means, or other means as determined by the division at the
707     appropriate extension fee rate under Section 53-3-105; and
708          (ii) only if the applicant qualifies under this section.
709          [(7)] (6) (a) [(i) Except as prohibited under Subsection (7)(b), a] A regular
710     identification card may only be extended once under Subsections [(5) and (6)] (4) and (5).
711          [(ii)] (b) After an extension an application for an identification card must be applied for
712     in person at the division's offices.
713          [(b) An identification card issued to a person required to register as a sex offender in
714     accordance with Title 77, Chapter 41, Sex and Kidnap Offender Registry, may not be
715     extended.]
716          [(8)] (7) An identification card issued [prior to] before July 1, 2006, to [a person] an
717     individual 65 years of age or older expires on December 1, 2017.
718          [(9) Notwithstanding the provisions of this section, an identification card expires on
719     the birth date of the applicant in the first year following the year that the identification card was
720     issued if the applicant is required to register as a sex offender in accordance with Title 77,
721     Chapter 41, Sex and Kidnap Offender Registry.]
722          [(10) A person who knowingly fails to surrender an identification card under
723     Subsection (4) is guilty of a class A misdemeanor.]
724          Section 7. Section 76-5b-201 is amended to read:
725          76-5b-201. Sexual exploitation of a minor -- Offenses.
726          (1) A person is guilty of sexual exploitation of a minor:
727          (a) when the person:
728          (i) knowingly produces, possesses, or possesses with intent to distribute child
729     pornography; or
730          (ii) intentionally distributes or views child pornography; or

731          (b) if the person is a minor's parent or legal guardian and knowingly consents to or
732     permits the minor to be sexually exploited as described in Subsection (1)(a).
733          (2) (a) [Sexual] Except as provided in Subsection (2)(b), sexual exploitation of a minor
734     is a second degree felony.
735          (b) A violation of Subsection (1) for knowingly producing child pornography is a first
736     degree felony if the person produces original child pornography depicting a first degree felony
737     that involves:
738          (i) the person or another person engaging in conduct with the minor that is a violation
739     of:
740          (A) Section 76-5-402.1, rape of a child;
741          (B) Section 76-5-402.3, object rape of a child;
742          (C) Section 76-5-403.1, sodomy on a child; or
743          (D) Section 76-5-404.1, aggravated sexual abuse of a child; or
744          (ii) the minor being physically abused, as defined in Section 78A-6-105.
745          (3) It is a separate offense under this section:
746          (a) for each minor depicted in the child pornography; and
747          (b) for each time the same minor is depicted in different child pornography.
748          (4) It is an affirmative defense to a charge of violating this section that no [person
749     under 18 years of age] minor was actually depicted in the visual depiction or used in producing
750     or advertising the visual depiction.
751          (5) In proving a violation of this section in relation to an identifiable minor, proof of
752     the actual identity of the identifiable minor is not required.
753          (6) This section may not be construed to impose criminal or civil liability on:
754          (a) an entity or an employee, director, officer, or agent of an entity when acting within
755     the scope of employment, for the good faith performance of:
756          (i) reporting or data preservation duties required under [any] federal or state law; or
757          (ii) implementing a policy of attempting to prevent the presence of child pornography

758     on [any] tangible or intangible property, or of detecting and reporting the presence of child
759     pornography on the property;
760          (b) a law enforcement officer acting within the scope of a criminal investigation;
761          (c) an employee of a court who may be required to view child pornography during the
762     course of and within the scope of the employee's employment;
763          (d) a juror who may be required to view child pornography during the course of the
764     individual's service as a juror;
765          (e) an attorney or employee of an attorney who is required to view child pornography
766     during the course of a judicial process and while acting within the scope of employment;
767          (f) an employee of the Department of Human Services who is required to view child
768     pornography within the scope of the employee's employment; or
769          (g) an attorney who is required to view child pornography within the scope of the
770     attorney's responsibility to represent the Department of Human Services, including the
771     divisions and offices within the Department of Human Services.
772          Section 8. Section 76-10-1206 is amended to read:
773          76-10-1206. Dealing in material harmful to a minor -- Penalties -- Exemptions for
774     Internet service providers and hosting companies.
775          (1) A person is guilty of dealing in material harmful to minors when, knowing or
776     believing that [a person] an individual is a minor, or having negligently failed to determine the
777     proper age of a minor, the person intentionally:
778          (a) distributes or offers to distribute, or exhibits or offers to exhibit, to a minor or [a
779     person the actor] an individual whom the person believes to be a minor, any material harmful
780     to minors;
781          (b) produces, performs, or directs any performance, before a minor or [a person the
782     actor] an individual whom the person believes to be a minor, that is harmful to minors; or
783          (c) participates in any performance, before a minor or [a person the actor] an individual
784     whom the person believes to be a minor, that is harmful to minors.

785          (2) (a) [Each] Except as provided in Subsection (2)(b), each separate offense under this
786     section committed by a person 18 years of age or older is a third degree felony punishable by:
787          (i) a minimum mandatory fine of not less than $1,000, plus $10 for each article
788     exhibited up to the maximum allowed by law; and
789          (ii) incarceration, without suspension of sentence, for a term of not less than 14 days.
790          (b) Each separate offense under this section committed by a person 18 years of age or
791     older against a minor 16 years of age or older, but younger than 18 years of age, is a class A
792     misdemeanor if the person is less than seven years older than the minor at the time of the
793     offense.
794          [(b)] (c) Each separate offense under this section committed by a person 16 or 17 years
795     of age is a class A misdemeanor.
796          [(c)] (d) Each separate offense under this section committed by a person younger than
797     16 years of age is a class B misdemeanor.
798          [(d)] (e) Subsection (2)(a) supersedes Section 77-18-1.
799          (3) (a) [If] Except for a defendant described in Subsection (2)(b), if a defendant 18
800     years of age or older has been previously convicted or adjudicated to be under the jurisdiction
801     of the juvenile court under this section, each separate subsequent offense is a second degree
802     felony punishable by:
803          (i) a minimum mandatory fine of not less than $5,000, plus $10 for each article
804     exhibited up to the maximum allowed by law; and
805          (ii) incarceration, without suspension of sentence, for a term of not less than one year.
806          (b) If a defendant described in Subsection (2)(b) or a defendant younger than 18 years
807     of age has been previously convicted or adjudicated to be under the jurisdiction of the juvenile
808     court under this section, each separate subsequent offense is a third degree felony.
809          (c) Subsection (3)(a) supersedes Section 77-18-1.
810          (d) (i) This section does not apply to an Internet service provider, as defined in Section
811     76-10-1230, a provider of an electronic communications service as defined in 18 U.S.C. Sec.

812     2510, a telecommunications service, information service, or mobile service as defined in 47
813     U.S.C. Sec. 153, including a commercial mobile service as defined in 47 U.S.C. Sec. 332(d), or
814     a cable operator as defined in 47 U.S.C. Sec. 522, if:
815          (A) the distribution of pornographic material by the Internet service provider occurs
816     only incidentally through the provider's function of:
817          (I) transmitting or routing data from one person to another person; or
818          (II) providing a connection between one person and another person;
819          (B) the provider does not intentionally aid or abet in the distribution of the
820     pornographic material; and
821          (C) the provider does not knowingly receive from or through a person who distributes
822     the pornographic material a fee greater than the fee generally charged by the provider, as a
823     specific condition for permitting the person to distribute the pornographic material.
824          (ii) This section does not apply to a hosting company, as defined in Section
825     76-10-1230, if:
826          (A) the distribution of pornographic material by the hosting company occurs only
827     incidentally through the hosting company's function of providing data storage space or data
828     caching to a person;
829          (B) the hosting company does not intentionally engage, aid, or abet in the distribution
830     of the pornographic material; and
831          (C) the hosting company does not knowingly receive from or through a person who
832     distributes the pornographic material a fee greater than the fee generally charged by the
833     provider, as a specific condition for permitting the person to distribute, store, or cache the
834     pornographic material.
835          (4) A service provider, as defined in Section 76-10-1230, is not negligent under this
836     section if [it] the service provider complies with Section 76-10-1231.
837          (5) A person 18 years of age or older who knowingly solicits, requests, commands,
838     encourages, or intentionally aids another person younger than 18 years of age to engage in

839     conduct in violation of Subsection (1) is guilty of a third degree felony and is subject to the
840     penalties under Subsection (2)(a).
841          Section 9. Section 77-22-2.5 is amended to read:
842          77-22-2.5. Court orders for criminal investigations for records concerning an
843     electronic communications system or service or remote computing service -- Content --
844     Fee for providing information.
845          (1) As used in this section:
846          (a) (i) "Electronic communication" means any transfer of signs, signals, writing,
847     images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire,
848     radio, electromagnetic, photoelectronic, or photooptical system.
849          (ii) "Electronic communication" does not include:
850          (A) [any] a wire or oral communication;
851          (B) [any] a communication made through a tone-only paging device;
852          (C) [any] a communication from a tracking device; or
853          (D) electronic funds transfer information stored by a financial institution in a
854     communications system used for the electronic storage and transfer of funds.
855          (b) "Electronic communications service" means [any] a service which provides for
856     users the ability to send or receive wire or electronic communications.
857          (c) "Electronic communications system" means [any] a wire, radio, electromagnetic,
858     photooptical, or photoelectronic facilities for the transmission of wire or electronic
859     communications, and [any] a computer facilities or related electronic equipment for the
860     electronic storage of the communication.
861          (d) "Internet service provider" [has the same definition as in] means the same as that
862     term is defined in Section 76-10-1230.
863          (e) "Prosecutor" [has the same definition as in] means the same as that term is defined
864     in Section 77-22-2.
865          (f) "Remote computing service" means the provision to the public of computer storage

866     or processing services by means of an electronic communications system.
867          (g) "Sexual offense against a minor" means:
868          (i) sexual exploitation of a minor [as defined in Section 76-5b-201] or attempted sexual
869     exploitation of a minor in violation of Section 76-5b-201;
870          (ii) a sexual offense or attempted sexual offense committed against a minor in violation
871     of Title 76, Chapter 5, Part 4, Sexual Offenses;
872          (iii) dealing in or attempting to deal in material harmful to a minor in violation of
873     Section 76-10-1206;
874          (iv) enticement of a minor or attempted enticement of a minor in violation of Section
875     76-4-401; [or]
876          (v) human trafficking of a child in violation of Section 76-5-308.5[.]; or
877          (vi) aggravated sexual extortion of a child in violation of Section 76-5b-204.
878          (2) When a law enforcement agency is investigating a sexual offense against a minor,
879     an offense of stalking under Section 76-5-106.5, or an offense of child kidnapping under
880     Section 76-5-301.1, and has reasonable suspicion that an electronic communications system or
881     service or remote computing service has been used in the commission of a criminal offense, a
882     law enforcement agent shall:
883          (a) articulate specific facts showing reasonable grounds to believe that the records or
884     other information sought, as designated in Subsections (2)(c)(i) through (v), are relevant and
885     material to an ongoing investigation;
886          (b) present the request to a prosecutor for review and authorization to proceed; and
887          (c) submit the request to a magistrate for a court order, consistent with 18 U.S.C. Sec.
888     2703 and 18 U.S.C. Sec. 2702, to the electronic communications system or service or remote
889     computing service provider that owns or controls the Internet protocol address, websites, email
890     address, or service to a specific telephone number, requiring the production of the following
891     information, if available, upon providing in the court order the Internet protocol address, email
892     address, telephone number, or other identifier, and the dates and times the address, telephone

893     number, or other identifier [was] is suspected of being used in the commission of the offense:
894          (i) names of subscribers, service customers, and users;
895          (ii) addresses of subscribers, service customers, and users;
896          (iii) records of session times and durations;
897          (iv) length of service, including the start date and types of service utilized; and
898          (v) telephone or other instrument subscriber numbers or other subscriber identifiers,
899     including [any] a temporarily assigned network address.
900          (3) A court order issued under this section shall state that the electronic
901     communications system or service or remote computing service provider shall produce [any
902     records] a record under Subsections (2)(c)(i) through (v) that [are] is reasonably relevant to the
903     investigation of the suspected criminal activity or offense as described in the court order.
904          (4) (a) An electronic communications system or service or remote computing service
905     provider that provides information in response to a court order issued under this section may
906     charge a fee, not to exceed the actual cost, for providing the information.
907          (b) The law enforcement agency conducting the investigation shall pay the fee.
908          (5) The electronic communications system or service or remote computing service
909     provider served with or responding to the court order may not disclose the court order to the
910     account holder identified pursuant to the court order for a period of 90 days.
911          (6) If the electronic communications system or service or remote computing service
912     provider served with the court order does not own or control the Internet protocol address,
913     websites, or email address, or provide service for the telephone number that is the subject of
914     the court order, the provider shall notify the investigating law enforcement agency that [it] the
915     provider does not have the information.
916          (7) There is no cause of action against [any] a provider or wire or electronic
917     communication service, or [its] the provider or service's officers, employees, agents, or other
918     specified persons, for providing information, facilities, or assistance in accordance with the
919     terms of the court order issued under this section or statutory authorization.

920          (8) (a) A court order issued under this section is subject to the provisions of Title 77,
921     Chapter 23b, Access to Electronic Communications.
922          (b) Rights and remedies for providers and subscribers under Title 77, Chapter 23b,
923     Access to Electronic Communications, apply to providers and subscribers subject to a court
924     order issued under this section.
925          (9) [Every] A prosecutorial agency shall annually on or before February 15 report to
926     the Commission on Criminal and Juvenile Justice:
927          (a) the number of requests for court orders authorized by the prosecutorial agency;
928          (b) the number of orders issued by the court and the criminal offense, pursuant to
929     Subsection (2), each order was used to investigate; and
930          (c) if the court order led to criminal charges being filed, the type and number of
931     offenses charged.
932          Section 10. Section 77-41-104 is amended to read:
933          77-41-104. Registration of offenders -- Department and agency requirements.
934          (1) [An] The department or an agent of the department shall register an offender in the
935     custody of the department [shall be registered by agents of the department] as required under
936     this chapter upon:
937          (a) placement on probation;
938          (b) commitment to a secure correctional facility operated by or under contract to the
939     department;
940          (c) release from confinement to parole status, termination or expiration of sentence, or
941     escape;
942          (d) entrance to and release from any community-based residential program operated by
943     or under contract to the department; or
944          (e) termination of probation or parole.
945          (2) [An offender who] The sheriff of the county in which an offender is confined shall
946     register an offender with the department, as required under this chapter, if the offender is not in

947     the custody of the department and [who] is confined in a correctional facility not operated by or
948     under contract to the department [shall be registered with the department by the sheriff of the
949     county in which the offender is confined,] upon:
950          (a) commitment to the correctional facility; and
951          (b) release from confinement.
952          (3) [An] The division shall register an offender in the custody of the division [shall be
953     registered with the department by the division prior to] with the department, as required under
954     this chapter, before the offender's release from custody of the division.
955          (4) [An] A state mental hospital shall register an offender committed to [a] the state
956     mental hospital [shall be registered with the department by the hospital] with the department,
957     as required under this chapter, upon the offender's admission and upon the offender's discharge.
958          (5) (a) (i) A municipal or county law enforcement agency shall register an offender
959     who resides within the agency's jurisdiction and is not under the supervision of the Division of
960     Adult Probation and Parole within the department.
961          (ii) In order to conduct offender registration under this chapter, the agency shall ensure
962     the agency staff responsible for registration:
963          (A) has received initial training by the department and has been certified by the
964     department as qualified and authorized to conduct registrations and enter offender registration
965     information into the registry database; and
966          (B) certify annually with the department.
967          (b) (i) When the department receives offender registration information regarding a
968     change of an offender's primary residence location, the department shall within five days after
969     the day on which the department receives the information electronically notify the law
970     enforcement agencies that have jurisdiction over the area where:
971          (A) the residence that the offender is leaving is located; and
972          (B) the residence to which the offender is moving is located.
973          (ii) The department shall provide notification under this Subsection (5)(b) if the

974     offender's change of address is between law enforcement agency jurisdictions, or is within one
975     jurisdiction.
976          (c) The department shall make available to offenders required to register under this
977     chapter the name of the agency, whether [it] the agency is a local law enforcement agency or
978     the department, that the offender should contact to register, the location for registering, and the
979     requirements of registration.
980          (6) An agency in the state that registers an offender on probation, an offender who has
981     been released from confinement to parole status or termination, or an offender whose sentence
982     has expired shall inform the offender of the duty to comply with[:(a)] the continuing
983     registration requirements of this chapter during the period of registration required in Subsection
984     77-41-105(3), including:
985          [(i)] (a) notification to the state agencies in the states where the registrant presently
986     resides and plans to reside when moving across state lines;
987          [(ii)] (b) verification of address at least every 60 days pursuant to a parole agreement
988     for lifetime parolees; and
989          [(iii)] (c) notification to the out-of-state agency where the offender is living, regardless
990     of whether [or not] the offender is a resident of that state[; and].
991          [(b) the driver license certificate or identification card surrender requirement under
992     Subsection 53-3-216(3) or 53-3-807(4) and application provisions under Section 53-3-205 or
993     53-3-804.]
994          (7) The department may make administrative rules necessary to implement this
995     chapter, including:
996          (a) the method for dissemination of the information; and
997          (b) instructions to the public regarding the use of the information.
998          (8) [Any] The department shall redact information regarding the identity or location of
999     a victim [shall be redacted by the department] from information provided under Subsections
1000     77-41-103(4) and 77-41-105[(8)](7).

1001          (9) This chapter does not create or impose any duty on any person to request or obtain
1002     information regarding any offender from the department.
1003          Section 11. Section 77-41-105 is amended to read:
1004          77-41-105. Registration of offenders -- Offender responsibilities.
1005          (1) (a) An offender [convicted by any other] who enters this state from another
1006     jurisdiction is required to register under Subsection (3) and Subsection 77-41-102(9) or (17).
1007          (b) The offender shall register with the department within 10 days [of entering] after
1008     the day on which the offender enters the state, regardless of the offender's length of stay.
1009          (2) (a) An offender required to register under Subsection 77-41-102(9) or (17) who is
1010     under supervision by the department shall register in person with Division of Adult Probation
1011     and Parole.
1012          (b) An offender required to register under Subsection 77-41-102(9) or (17) who is no
1013     longer under supervision by the department shall register in person with the police department
1014     or sheriff's office that has jurisdiction over the area where the offender resides.
1015          (3) (a) Except as provided in Subsections (3)(b), (c), and (4), and Section 77-41-106,
1016     an offender shall, for the duration of the sentence and for 10 years after termination of sentence
1017     or custody of the division, register [every] each year during the month of the offender's date of
1018     birth, during the month that is the sixth month after the offender's birth month, and [also]
1019     within three business days [of every] after the day on which there is a change of the offender's
1020     primary residence, any secondary residences, place of employment, vehicle information, or
1021     educational information required to be submitted under Subsection [(8)] (7).
1022          (b) Except as provided in Subsections (3)(c)(iii), (4), and (5), and Section 77-41-106,
1023     an offender who is convicted in another jurisdiction of an offense listed in Subsection
1024     77-41-102(9)(a) or (17)(a), a substantially similar offense, [or any other] another offense that
1025     requires registration in the jurisdiction of conviction, or an offender who is ordered by a court
1026     of another jurisdiction to register as an offender shall:
1027          (i) register for the time period, and in the frequency, required by the jurisdiction where

1028     the offender was convicted or ordered to register if:
1029          (A) that jurisdiction's registration period or registration frequency requirement for the
1030     offense that the offender was convicted of is greater than the [10 years from completion of the
1031     sentence] registration period [that is] required under Subsection (3)(a), or is more frequent than
1032     every six months; or
1033          (B) that jurisdiction's court order requires registration for greater than the registration
1034     period required under Subsection (3)(a) or more frequently than every six months; or
1035          (ii) register in accordance with the requirements of Subsection (3)(a), if the
1036     jurisdiction's registration period or frequency requirement for the offense that the offender was
1037     convicted of is less than the registration period required under Subsection (3)(a), or is less
1038     frequent than every six months.
1039          (c) (i) An offender convicted as an adult of [any of the offenses] an offense listed in
1040     Section 77-41-106 shall, for the offender's lifetime, register [every] each year during the month
1041     of the offender's birth, during the month that is the sixth month after the offender's birth month,
1042     and also within three business days [of every] after the day on which there is a change of the
1043     offender's primary residence, any secondary residences, place of employment, vehicle
1044     information, or educational information required to be submitted under Subsection [(8)] (7).
1045          (ii) [This] Except as provided in Subsection (3)(c)(iii), the registration requirement
1046     described in Subsection (3)(c)(i) is not subject to exemptions and may not be terminated or
1047     altered during the offender's lifetime, unless a petition is granted under Section 77-41-112.
1048          (iii) If the sentencing court determines that the offense does not involve force or
1049     coercion, lifetime registration under [this Subsection (3)(c)] Subsection (3)(c)(i) does not apply
1050     to an offender who commits the offense when the offender is under 21 years of age. For an
1051     offense listed in Section 77-41-106, an offender who commits the offense when the offender is
1052     under 21 years of age [is required to] shall register [in accordance with this chapter for 10 years
1053     after termination of sentence or custody of the division] for the registration period required
1054     under Subsection (3)(a), unless a petition is granted under Section 77-41-112.

1055          (d) For the purpose of establishing venue for a violation of this Subsection (3), the
1056     violation is considered to be committed:
1057          (i) at the most recent registered primary residence of the offender or at the location of
1058     the offender, if the actual location of the offender at the time of the violation is not known; or
1059          (ii) at the location of the offender at the time the offender is apprehended.
1060          (4) Notwithstanding Subsection (3) and Section 77-41-106, an offender who is
1061     confined in a secure facility or in a state mental hospital is not required to register during the
1062     period of confinement.
1063          (5) (a) [In] Except as provided in Subsection (5)(b), in the case of an offender
1064     adjudicated in another jurisdiction as a juvenile and required to register under this chapter, the
1065     offender shall register in the time period and in the frequency consistent with the requirements
1066     of [this Subsection (5). However, if] Subsection (3).
1067          (b) If the jurisdiction of the offender's adjudication does not publish the offender's
1068     information on a public website, the department shall maintain, but not publish the offender's
1069     information on the [Sex Offender and Kidnap Offender Registration] registration website.
1070          [(6) An offender who is required to register under Subsection (3) shall surrender the
1071     offender's license, certificate, or identification card as required under Subsection 53-3-216(3)
1072     or 53-3-807(4) and may apply for a license certificate or identification card as provided under
1073     Section 53-3-205 or 53-3-804.]
1074          [(7)] (6) A sex offender who violates Section 77-27-21.8 regarding being in the
1075     presence of a child while required to register under this chapter shall register for an additional
1076     five years subsequent to the registration period otherwise required under this chapter.
1077          [(8)] (7) An offender shall provide the department or the registering entity with the
1078     following information:
1079          (a) all names and aliases by which the offender is or has been known;
1080          (b) the addresses of the offender's primary and secondary residences;
1081          (c) a physical description, including the offender's date of birth, height, weight, eye and

1082     hair color;
1083          (d) the make, model, color, year, plate number, and vehicle identification number of
1084     [any] a vehicle or vehicles the offender owns or regularly drives;
1085          (e) a current photograph of the offender;
1086          (f) a set of fingerprints, if one has not already been provided;
1087          (g) a DNA specimen, taken in accordance with Section 53-10-404, if one has not
1088     already been provided;
1089          (h) telephone numbers and any other designations used by the offender for routing or
1090     self-identification in telephonic communications from fixed locations or cellular telephones;
1091          (i) Internet identifiers and the addresses the offender uses for routing or
1092     self-identification in Internet communications or postings;
1093          (j) the name and Internet address of all websites on which the offender is registered
1094     using an online identifier, including all online identifiers used to access those websites;
1095          (k) a copy of the offender's passport, if a passport has been issued to the offender;
1096          (l) if the offender is an alien, all documents establishing the offender's immigration
1097     status;
1098          (m) all professional licenses that authorize the offender to engage in an occupation or
1099     carry out a trade or business, including any identifiers, such as numbers;
1100          (n) each educational institution in Utah at which the offender is employed, carries on a
1101     vocation, or is a student, and [any] a change of enrollment or employment status of the offender
1102     at [any] an educational institution;
1103          (o) the name, the telephone number, and the address of [any] a place where the
1104     offender is employed or will be employed;
1105          (p) the name, the telephone number, and the address of [any] a place where the
1106     offender works as a volunteer or will work as a volunteer; and
1107          (q) the offender's social security number.
1108          [(9) Notwithstanding Section 42-1-1, an offender:]

1109          [(a) may not change the offender's name:]
1110          [(i) while under the jurisdiction of the department; and]
1111          [(ii) until the registration requirements of this statute have expired; and]
1112          [(b) may not change the offender's name at any time, if registration is for life under
1113     Subsection (3)(c).]
1114          (8) (a) An offender may change the offender's name in accordance with Title 42,
1115     Chapter 1, Change of Name, if the name change is not contrary to the interests of the public.
1116          (b) Notwithstanding Section 42-1-2, an offender shall provide notice to the department
1117     at least 30 days before the day on which the hearing for the name change is held.
1118          (c) The court shall provide a copy of the order granting the offender's name change to
1119     the department within 10 days after the day on which the court issues the order.
1120          (d) If the court orders an offender's name changed, the department shall publish on the
1121     registration website the offender's former name, and the offender's changed name as an alias.
1122          [(10)] (9) Notwithstanding Subsections [(8)] (7)(i) and (j) and 77-41-103(1)(c), an
1123     offender is not required to provide the department with:
1124          (a) the offender's online identifier and password used exclusively for the offender's
1125     employment on equipment provided by an employer and used to access the employer's private
1126     network; or
1127          (b) online identifiers for the offender's financial accounts, including [any] a bank,
1128     retirement, or investment [accounts] account.
1129          Section 12. Section 77-41-112 is amended to read:
1130          77-41-112. Removal from registry -- Requirements -- Procedure.
1131          (1) An offender who is required to register with the Sex and Kidnap Offender Registry
1132     may petition the court [where the offender was convicted of the offense requiring registration]
1133     for an order removing the offender from the Sex [Offender] and Kidnap Offender Registry if:
1134          (a) (i) the offender [was] is convicted of an offense [under] described in Subsection
1135     (2);

1136          [(b)] (ii) at least five years have passed [since the completion of] after the day on which
1137     the offender's sentence for the offense terminates;
1138          [(c)] (iii) the offense is the only [conviction] offense for which the offender is required
1139     to register; [and]
1140          [(d) the offender has not been convicted, subsequently to the offense for which the
1141     offender was placed on the registry, of a violation listed in:]
1142          [(i) Subsection 77-41-102(9), which defines a kidnap offender; or]
1143          [(ii) Subsection 77-41-102(17), which defines a sex offender.]
1144          (iv) the offender is not convicted of another offense, excluding a traffic offense, after
1145     the day on which the offender is convicted of the offense for which the offender is required to
1146     register, as evidenced by a certificate of eligibility issued by the bureau;
1147          (v) the offender successfully completes all treatment ordered by the court or the Board
1148     of Pardons and Parole relating to the offense;
1149          (vi) the offender pays all restitution ordered by the court or the Board of Pardons and
1150     Parole relating to the offense; and
1151          (vii) the offender complies with all registration requirements required under this
1152     chapter at all times; or
1153          (b) (i) if the offender is required to register in accordance with Subsection
1154     77-41-105(3)(a);
1155          (ii) at least 10 years have passed after the later of:
1156          (A) the day on which the offender is placed on probation;
1157          (B) the day on which the offender is released from incarceration to parole;
1158          (C) the day on which the offender's sentence is terminated without parole;
1159          (D) the day on which the offender enters a community-based residential program; or
1160          (E) for a minor, as defined in Section 78A-6-105, the day on which the division's
1161     custody of the offender is terminated;
1162          (iii) the offender is not convicted of another offense that is a class A misdemeanor,

1163     felony, or capital felony within the most recent 10-year period after the date described in
1164     Subsection (1)(b)(ii), as evidenced by a certificate of eligibility issued by the bureau;
1165          (iv) the offender successfully completes all treatment ordered by the court or the Board
1166     of Pardons and Parole relating to the offense;
1167          (v) the offender pays all restitution ordered by the court or the Board of Pardons and
1168     Parole relating to the offense; and
1169          (vi) the offender complies with all registration requirements required under this chapter
1170     at all times.
1171          (2) The offenses referred to in Subsection (1)(a)(i) are:
1172          (a) Section 76-4-401, [Enticing] enticing a minor, if the offense is a class A
1173     misdemeanor;
1174          (b) Section 76-5-301, [Kidnapping, and the conviction of violating Section 76-5-301]
1175     kidnapping;
1176          (c) Section 76-5-304, [Unlawful] unlawful detention, [and] if the conviction of
1177     violating Section 76-5-304 is the only conviction for which the offender is required to register;
1178          (d) Section 76-5-401, [Unlawful] unlawful sexual activity with a minor [and] if, at the
1179     time of the offense, [was] the offender is not more than 10 years older than the victim;
1180          (e) Section 76-5-401.1, sexual abuse of a minor, if, at the time of the offense, the
1181     offender is not more than 10 years older than the victim;
1182          [(e)] (f) Section 76-5-401.2, [Unlawful] unlawful sexual conduct with a 16 or 17 year
1183     old, and at the time of the offense, [was] the offender is not more than 15 years older than the
1184     victim; or
1185          [(f)] (g) Section 76-9-702.7, [Voyeurism] voyeurism, if the offense is a class A
1186     misdemeanor.
1187          [(3) An offender who meets the requirements under Subsection (1) shall also complete
1188     all of the following requirements:]
1189          [(a) the offender has successfully completed all treatment ordered by the court or the

1190     Board of Pardons and Parole relating to the conviction;]
1191          [(b) (i) the offender has not been convicted of any other crime, excluding traffic
1192     offenses, as evidenced by a certificate of eligibility issued by the bureau; and]
1193          [(ii) as used in this section, "traffic offense" does not include a violation of Title 41,
1194     Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving;]
1195          [(c) the offender has paid all restitution ordered by the court;]
1196          [(d) the offender has complied with all the registration requirements at all times as
1197     required in this chapter, as evidenced by a document obtained by the offender from the Utah
1198     Department of Corrections, which confirms compliance; and]
1199          [(e) the office that prosecuted the offender, and the victim, or if the victim is still a
1200     minor, the victim's parent, are notified and provided with an opportunity to respond in
1201     accordance with Subsection (6)(a).]
1202          [(4)] (3) (a) (i) An offender seeking removal from the Sex [Offender or] and Kidnap
1203     Offender Registry under this section shall apply for a certificate of eligibility from the bureau.
1204          (ii) An offender who intentionally or knowingly provides [any] false or misleading
1205     information to the bureau when applying for a certificate of eligibility is guilty of a class B
1206     misdemeanor and subject to prosecution under Section 76-8-504.6.
1207          (iii) Regardless of whether the offender is prosecuted, the bureau may deny a certificate
1208     of eligibility to [anyone providing] an offender who provides false information on an
1209     application.
1210          (b) (i) The bureau shall perform a check of records of governmental agencies,
1211     including national criminal databases, to determine whether an offender is eligible to receive a
1212     certificate of eligibility [under this section].
1213          (ii) If the offender meets [all of the criteria under Subsections (1), (2), and (3)] the
1214     requirements described in Subsection (1)(a) or (b), the bureau shall issue a certificate of
1215     eligibility to the offender, which [shall be] is valid for a period of 90 days [from the date the
1216     certificate is issued] after the day on which the bureau issues the certificate.

1217          (iii) The bureau shall request information from the department regarding whether the
1218     offender meets the requirements.
1219          (iv) Upon request from the bureau under Subsection (3)(b)(iii), the department shall
1220     issue a document that states whether the offender meets the requirements described in
1221     Subsection (1)(a) or (b), which may be used by the bureau to determine if a certificate of
1222     eligibility is appropriate.
1223          (v) The bureau shall provide a copy of the document provided to the bureau under
1224     Subsection (3)(b)(iv) to the offender upon issuance of a certificate of eligibility.
1225          [(5)] (4) (a) (i) The bureau shall charge application and issuance fees for a certificate of
1226     eligibility in accordance with the process in Section 63J-1-504.
1227          (ii) The application fee shall be paid at the time the offender submits an application for
1228     a certificate of eligibility to the bureau.
1229          (iii) If the bureau determines that the issuance of a certificate of eligibility is
1230     appropriate, the offender will be charged an additional fee for the issuance of a certificate of
1231     eligibility.
1232          (b) Funds generated under this Subsection [(5)] (4) shall be deposited [in] into the
1233     General Fund as a dedicated credit by the department to cover the costs incurred in determining
1234     eligibility.
1235          [(6)] (5) (a) The offender shall file the petition, including original information, [and]
1236     the court docket, the certificate of eligibility from the bureau, and the document from the
1237     department described in Subsection (3)(b)(iv) with the court, and deliver a copy of the petition
1238     to the office of the prosecutor.
1239          [(i)] (b) Upon receipt of a petition for removal from the Sex [Offender] and Kidnap
1240     Offender Registry, the office of the prosecutor shall provide notice of the petition[:(A)] by
1241     first-class mail to the victim at the most recent address of record on file or, if the victim is still
1242     a minor under 18 years of age, to the parent or guardian of the victim[; and].
1243          [(B) to the Sex and Kidnap Offender Registry office in the Department of Corrections.]

1244          [(ii)] (c) The notice described in Subsection (5)(b) shall include a copy of the petition,
1245     state that the victim has a right to object to the removal of the offender from the registry, and
1246     provide instructions for registering an objection with the court.
1247          [(b)] (d) The office of the prosecutor shall provide the following, if available, to the
1248     court within 30 days after [receiving] the day on which the office receives the petition:
1249          (i) presentencing report;
1250          (ii) [any] an evaluation done as part of sentencing; and
1251          (iii) any other information the office of the prosecutor feels the court should consider.
1252          [(c)] (e) The victim, or the victim's parent or guardian if the victim is a minor under 18
1253     years of age, may respond to the petition by filing a recommendation or objection with the
1254     court within 45 days after the [mailing of the petition] day on which the petition is mailed to
1255     the victim.
1256          [(7)] (6) (a) The court shall:
1257          (i) review the petition and all documents submitted with the petition; and
1258          (ii) hold a hearing if requested by the prosecutor or the victim.
1259          [(b) The court shall consider whether the offender has paid all restitution ordered by
1260     the court or the Board of Pardons.]
1261          [(c)] (b) [If the court] The court may grant the petition and order removal of the
1262     offender from the registry if the court determines that [it] the offender has met the requirements
1263     described in Subsection (1)(a) or (b) and removal is not contrary to the interests of the public
1264     [to do so, it may grant the petition and order removal of the offender from the registry].
1265          [(d)] (c) If the court grants the petition, [it] the court shall forward a copy of the order
1266     directing removal of the offender from the registry to the department and the office of the
1267     prosecutor.
1268          [(e)] (d) If the court denies the petition, the offender may not submit another petition
1269     for three years.
1270          [(8)] (7) The [office of the prosecutor] court shall notify the victim and the Sex and

1271     Kidnap Offender Registry office in the [Department of Corrections] department of the court's
1272     decision within three days after the day on which the court issues the court's decision in the
1273     same manner [as notification was provided] described in Subsection [(6)(a)] (5).
1274          Section 13. Fees.
1275          Under the terms and conditions of Utah Code Title 63J Chapter 1 and other fee statutes
1276     as applicable, the following fees and rates are approved for the use and support of the
1277     government of the State of Utah for the Fiscal Year beginning July 1, 2019 and ending June 30,
1278     2020.
1279          DEPARTMENT OF PUBLIC SAFETY
1280          BUREAU OF CRIMINAL IDENTIFICATION
1281          Non-Government/Other Services
1282          Sex Offender Kidnap Registry
1283          Application for removal from registry 230.00
1284          The Legislature intends that for every initial Application for removal from Registry fee
1285     collected, $140 shall be remitted to the Department of Corrections.
1286          Section 14. Coordinating H.B. 298 with S.B. 8 -- Substantive amendments.
1287          If this H.B. 298 and S.B. 8 State Agency Fees and Internal Service Fund Rate
1288     Authorization and Appropriations, both pass and become law, it is the intent of the Legislature
1289     that the Office of Legislative Fiscal Analyst, in enrolling S.B. 8, change the fee entitled
1290     "Application for removal from registry" to $230.