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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 [
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 [
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[
123 (b) The fee described in Subsection (29)(a) [
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[
132 (b) The fee described in Subsection (30)(a) [
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 [
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 [
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 [
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 [
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 [
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 [
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)[
197 license expires on the birth date of the applicant in the fifth year [
198 license certificate was issued.
199 (b) Except as provided under Subsections (7)(f)[
200 extension to a license expires on the birth date of the licensee in the fifth year [
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 [
207 certificate held by [
208 expires during the time period the [
209 until 90 days after the [
210 [
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 [
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 [
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 [
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 [
238
239
240
241 (8) (a) In addition to the information required by Title 63G, Chapter 4, Administrative
242 Procedures Act, for requests for agency action, [
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 [
248 number;
249 (II) written proof that the applicant is ineligible to receive a [
250 security number;
251 (III) the applicant's temporary identification number (ITIN) issued by the Internal
252 Revenue Service for [
253 (Aa) does not qualify for a [
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 [
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 [
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 [
282 revoked, disqualified, or denied in the last 10 years, or whether the applicant has ever had [
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) [
297 for a temporary CDL issued under Subsection 53-3-407(2)(b).
298 (c) [
299 in accordance with Subsection (8)(a)(ii), unless the application is for a driving privilege card.
300 (d) The division shall maintain on [
301 applicant's:
302 (i) (A) [
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 [
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 [
317 (ii) license and endorsement fees [
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 [
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 [
337 additional fee or fees specified in Section 53-3-105.
338 (13) [
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) [
342 agrees that the [
343 authorized under this title or Title 41, Motor Vehicles.
344 (15) (a) [
345 under Subsection (8)(a)(vi) [
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 [
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 [
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 [
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 [
371 required under Subsection (8)(a)(vii) is guilty of a class A misdemeanor.
372 [
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, [
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 [
380 unexpired Utah identification card in the [
381 the individual is required to surrender either the unexpired Utah license certificate or the
382 unexpired Utah identification card.
383 (c) If [
384 the Utah identification card as required under this Subsection [
385 cancel the Utah identification card on December 1, 2014.
386 [
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, [
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 [
394 unexpired Utah identification card in the [
395 possession, the individual shall surrender either the unexpired Utah license certificate or the
396 unexpired Utah identification card.
397 (c) If [
398 the Utah identification card as required under this Subsection [
399 cancel the Utah identification card on December 1, 2017.
400 [
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 [
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 [
408 in Subsection [
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 [
417 endorsement under this Subsection [
418 (ii) identifying the applicable restrictions for a motorcycle endorsement issued under
419 this Subsection [
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) [
424 applying for or receiving a license, moves from the address named in the application or in the
425 license certificate issued to [
426 [
427 specified by the division of [
428 certificate held by [
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 [
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 [
451
452
453 [
454
455 [
456
457 [
458
459 [
460
461 [
462 [
463
464
465
466
467 [
468
469 [
470 [
471
472
473
474
475 [
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 [
479 (ii) deposit in the United States mail with postage prepaid, addressed to the [
480
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 [
485 18 years of age or older, naming the [
486 specifying the time, place, and manner of giving the notice.
487 [
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 [
492 [
493
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 [
514
515
516
517 [
518 outside Utah in any of the armed forces of the United States, which expires during the time
519 period the [
520 [
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 [
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, [
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) [
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) [
562 (ii) written proof that the applicant is ineligible to receive a [
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 [
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 [
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) [
599 under Subsection (2)(k) is guilty of a class A misdemeanor.
600 (5) (a) Until December 1, 2014, [
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, [
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 [
608 unexpired Utah identification card in the [
609 be required to surrender either the unexpired Utah license certificate or the unexpired Utah
610 identification card.
611 (c) If [
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, [
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, [
618 1964:
619 (i) may not hold both an unexpired Utah license certificate and an unexpired
620 identification card; and
621 (ii) if the [
622 unexpired Utah identification card in the [
623 [
624 identification card.
625 (c) If [
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 [
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 [
641 of the limited-term identification card, whichever is sooner; or
642 (ii) on the date of issuance in the first year [
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) [
646 applied for and received an identification card and subsequently moves from the address shown
647 on the application or on the card, the [
648 which the individual moves, notify the division in a manner specified by the division of the
649 [
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 [
656 subsequently changes the [
657 Name, the [
658 (a) shall surrender the card to the division; and
659 (b) may apply for a new card in the [
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 [
664
665
666 [
667
668 [
669
670 [
671
672 [
673
674 [
675 [
676
677
678
679
680 [
681
682 [
683 [
684
685
686
687
688 [
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 [
700 January 1, 2010, for five years[
701 the identification card expires[
702 [
703 (b) The application for an extension of a regular identification card [
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 [
710 identification card may only be extended once under Subsections [
711 [
712 in person at the division's offices.
713 [
714
715
716 [
717 individual 65 years of age or older expires on December 1, 2017.
718 [
719
720
721
722 [
723
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) [
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 [
749
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 [
757 (ii) implementing a policy of attempting to prevent the presence of child pornography
758 on [
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 [
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 [
779
780 to minors;
781 (b) produces, performs, or directs any performance, before a minor or [
782
783 (c) participates in any performance, before a minor or [
784 whom the person believes to be a minor, that is harmful to minors.
785 (2) (a) [
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 [
795 of age is a class A misdemeanor.
796 [
797 16 years of age is a class B misdemeanor.
798 [
799 (3) (a) [
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 [
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) [
851 (B) [
852 (C) [
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 [
856 users the ability to send or receive wire or electronic communications.
857 (c) "Electronic communications system" means [
858 photooptical, or photoelectronic facilities for the transmission of wire or electronic
859 communications, and [
860 electronic storage of the communication.
861 (d) "Internet service provider" [
862 term is defined in Section 76-10-1230.
863 (e) "Prosecutor" [
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 [
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; [
876 (v) human trafficking of a child in violation of Section 76-5-308.5[
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 [
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 [
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 [
902
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 [
915 provider does not have the information.
916 (7) There is no cause of action against [
917 communication service, or [
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) [
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) [
935 custody of the department [
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) [
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 [
948 under contract to the department [
949
950 (a) commitment to the correctional facility; and
951 (b) release from confinement.
952 (3) [
953
954 this chapter, before the offender's release from custody of the division.
955 (4) [
956 mental hospital [
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 [
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[
983 registration requirements of this chapter during the period of registration required in Subsection
984 77-41-105(3), including:
985 [
986 resides and plans to reside when moving across state lines;
987 [
988 for lifetime parolees; and
989 [
990 of whether [
991 [
992
993
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) [
999 a victim [
1000 77-41-103(4) and 77-41-105[
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 [
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 [
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 [
1018 birth, during the month that is the sixth month after the offender's birth month, and [
1019 within three business days [
1020 primary residence, any secondary residences, place of employment, vehicle information, or
1021 educational information required to be submitted under Subsection [
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, [
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 [
1031
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 [
1040 Section 77-41-106 shall, for the offender's lifetime, register [
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 [
1043 offender's primary residence, any secondary residences, place of employment, vehicle
1044 information, or educational information required to be submitted under Subsection [
1045 (ii) [
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 [
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 [
1053
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) [
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 [
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 [
1070 [
1071
1072
1073
1074 [
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 [
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 [
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 [
1102 at [
1103 (o) the name, the telephone number, and the address of [
1104 offender is employed or will be employed;
1105 (p) the name, the telephone number, and the address of [
1106 offender works as a volunteer or will work as a volunteer; and
1107 (q) the offender's social security number.
1108 [
1109 [
1110 [
1111 [
1112 [
1113
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 [
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 [
1128 retirement, or investment [
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 [
1133 for an order removing the offender from the Sex [
1134 (a) (i) the offender [
1135 (2);
1136 [
1137 the offender's sentence for the offense terminates;
1138 [
1139 to register; [
1140 [
1141
1142 [
1143 [
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, [
1173 misdemeanor;
1174 (b) Section 76-5-301, [
1175 kidnapping;
1176 (c) Section 76-5-304, [
1177 violating Section 76-5-304 is the only conviction for which the offender is required to register;
1178 (d) Section 76-5-401, [
1179 time of the offense, [
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 [
1183 old, and at the time of the offense, [
1184 victim; or
1185 [
1186 misdemeanor.
1187 [
1188
1189 [
1190
1191 [
1192
1193 [
1194
1195 [
1196 [
1197
1198
1199 [
1200
1201
1202 [
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 [
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 [
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 [
1213 (ii) If the offender meets [
1214 requirements described in Subsection (1)(a) or (b), the bureau shall issue a certificate of
1215 eligibility to the offender, which [
1216
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 [
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 [
1233 General Fund as a dedicated credit by the department to cover the costs incurred in determining
1234 eligibility.
1235 [
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 [
1240 Offender Registry, the office of the prosecutor shall provide notice of the petition[
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[
1243 [
1244 [
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 [
1248 court within 30 days after [
1249 (i) presentencing report;
1250 (ii) [
1251 (iii) any other information the office of the prosecutor feels the court should consider.
1252 [
1253 years of age, may respond to the petition by filing a recommendation or objection with the
1254 court within 45 days after the [
1255 the victim.
1256 [
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 [
1260
1261 [
1262 offender from the registry if the court determines that [
1263 described in Subsection (1)(a) or (b) and removal is not contrary to the interests of the public
1264 [
1265 [
1266 directing removal of the offender from the registry to the department and the office of the
1267 prosecutor.
1268 [
1269 for three years.
1270 [
1271 Kidnap Offender Registry office in the [
1272 decision within three days after the day on which the court issues the court's decision in the
1273 same manner [
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.