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7 LONG TITLE
8 General Description:
9 This bill creates a definition of "restorative justice" to be used across the entire code.
10 Highlighted Provisions:
11 This bill:
12 ▸ creates a definition of "restorative justice" to provide consistency and clarity for
13 existing sections of the entire code; and
14 ▸ makes technical and conforming changes.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 20A-1-306, as last amended by Laws of Utah 2019, Chapter 24
22 68-3-12.5, as last amended by Laws of Utah 2019, Chapter 24
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24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 20A-1-306 is amended to read:
26 20A-1-306. Electronic signatures prohibited.
27 Notwithstanding Title 46, Chapter 4, Uniform Electronic Transactions Act, and
28 Subsections 68-3-12(1)(e) and 68-3-12.5[
29 may not be used to sign a petition to:
30 (1) qualify a ballot proposition for the ballot under Chapter 7, Issues Submitted to the
31 Voters;
32 (2) organize and register a political party under Chapter 8, Political Party Formation
33 and Procedures; or
34 (3) qualify a candidate for the ballot under Chapter 9, Candidate Qualifications and
35 Nominating Procedures.
36 Section 2. Section 68-3-12.5 is amended to read:
37 68-3-12.5. Definitions for Utah Code.
38 (1) The definitions listed in this section apply to the Utah Code, unless:
39 (a) the definition is inconsistent with the manifest intent of the Legislature or repugnant
40 to the context of the statute; or
41 (b) a different definition is expressly provided for the respective title, chapter, part,
42 section, or subsection.
43 (2) "Adjudicative proceeding" means:
44 (a) an action by a board, commission, department, officer, or other administrative unit
45 of the state that determines the legal rights, duties, privileges, immunities, or other legal
46 interests of one or more identifiable persons, including an action to grant, deny, revoke,
47 suspend, modify, annul, withdraw, or amend an authority, right, or license; and
48 (b) judicial review of an action described in Subsection (2)(a).
49 (3) "Administrator" includes "executor" when the subject matter justifies the use.
50 (4) "Advisory board," "advisory commission," and "advisory council" mean a board,
51 commission, committee, or council that:
52 (a) is created by, and whose duties are provided by, statute or executive order;
53 (b) performs its duties only under the supervision of another person as provided by
54 statute; and
55 (c) provides advice and makes recommendations to another person that makes policy
56 for the benefit of the general public.
57 (5) "Armed forces" means the United States Army, Navy, Air Force, Marine Corps,
58 and Coast Guard.
59 (6) "City" includes, depending on population, a metro township as defined in Section
60 10-3c-102.
61 (7) "County executive" means:
62 (a) the county commission, in the county commission or expanded county commission
63 form of government established under Title 17, Chapter 52a, Changing Forms of County
64 Government;
65 (b) the county executive, in the county executive-council optional form of government
66 authorized by Section 17-52a-203; or
67 (c) the county manager, in the council-manager optional form of government
68 authorized by Section 17-52a-204.
69 (8) "County legislative body" means:
70 (a) the county commission, in the county commission or expanded county commission
71 form of government established under Title 17, Chapter 52a, Changing Forms of County
72 Government;
73 (b) the county council, in the county executive-council optional form of government
74 authorized by Section 17-52a-203; and
75 (c) the county council, in the council-manager optional form of government authorized
76 by Section 17-52a-204.
77 (9) "Depose" means to make a written statement made under oath or affirmation.
78 (10) "Executor" includes "administrator" when the subject matter justifies the use.
79 (11) "Guardian" includes a person who:
80 (a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary
81 or court appointment; or
82 (b) is appointed by a court to manage the estate of a minor or incapacitated person.
83 (12) "Highway" includes:
84 (a) a public bridge;
85 (b) a county way;
86 (c) a county road;
87 (d) a common road; and
88 (e) a state road.
89 (13) "Intellectual disability" means a significant, subaverage general intellectual
90 functioning that:
91 (a) exists concurrently with deficits in adaptive behavior; and
92 (b) is manifested during the developmental period as defined in the current edition of
93 the Diagnostic and Statistical Manual of Mental Disorders, published by the American
94 Psychiatric Association.
95 (14) "Intermediate care facility for people with an intellectual disability" means an
96 intermediate care facility for the mentally retarded, as defined in Title XIX of the Social
97 Security Act.
98 (15) "Land" includes:
99 (a) land;
100 (b) a tenement;
101 (c) a hereditament;
102 (d) a water right;
103 (e) a possessory right; and
104 (f) a claim.
105 (16) "Month" means a calendar month, unless otherwise expressed.
106 (17) "Oath" includes "affirmation."
107 (18) "Person" means:
108 (a) an individual;
109 (b) an association;
110 (c) an institution;
111 (d) a corporation;
112 (e) a company;
113 (f) a trust;
114 (g) a limited liability company;
115 (h) a partnership;
116 (i) a political subdivision;
117 (j) a government office, department, division, bureau, or other body of government;
118 and
119 (k) any other organization or entity.
120 (19) "Personal property" includes:
121 (a) money;
122 (b) goods;
123 (c) chattels;
124 (d) effects;
125 (e) evidences of a right in action;
126 (f) a written instrument by which a pecuniary obligation, right, or title to property is
127 created, acknowledged, transferred, increased, defeated, discharged, or diminished; and
128 (g) a right or interest in an item described in Subsections (19)(a) through (f).
129 (20) "Personal representative," "executor," and "administrator" include:
130 (a) an executor;
131 (b) an administrator;
132 (c) a successor personal representative;
133 (d) a special administrator; and
134 (e) a person who performs substantially the same function as a person described in
135 Subsections (20)(a) through (d) under the law governing the person's status.
136 (21) "Policy board," "policy commission," or "policy council" means a board,
137 commission, or council that:
138 (a) is authorized to make policy for the benefit of the general public;
139 (b) is created by, and whose duties are provided by, the constitution or statute; and
140 (c) performs its duties according to its own rules without supervision other than under
141 the general control of another person as provided by statute.
142 (22) "Population" is shown by the most recent state or national census, unless expressly
143 provided otherwise.
144 (23) "Process" means a writ or summons issued in the course of a judicial proceeding.
145 (24) "Property" includes both real and personal property.
146 (25) "Real estate" or "real property" includes:
147 (a) land;
148 (b) a tenement;
149 (c) a hereditament;
150 (d) a water right;
151 (e) a possessory right; and
152 (f) a claim.
153 (26) "Restorative justice" means an approach to community building, problem solving,
154 and conflict resolution that values individual dignity, mutual respect, personal accountability,
155 inclusion, and collaboration to:
156 (a) build and restore relationships, repair harm, and create a more just and equitable
157 environment in communities, schools, and the justice system; and
158 (b) promote facilitated and voluntary practices, that may be used in lieu of or in
159 addition to other approaches, including:
160 (i) community building circles;
161 (ii) victim-offender conferences;
162 (iii) family group conferences; and
163 (iv) community conferences.
164 [
165 commission, committee, or council that:
166 (a) is authorized to approve policy made for the benefit of the general public by another
167 body or person;
168 (b) is created by, and whose duties are provided by, statute; and
169 (c) performs its duties according to its own rules without supervision other than under
170 the general control of another person as provided by statute.
171 [
172 (a) a public bridge;
173 (b) a county way;
174 (c) a county road;
175 (d) a common road; and
176 (e) a state road.
177 [
178 authenticate an instrument or writing.
179 [
180 state, district, or territory of the United States.
181 [
182 [
183 [
184 Section 10-3c-102.
185 [
186 (a) the armed forces;
187 (b) the commissioned corps of the National Oceanic and Atmospheric Administration;
188 and
189 (c) the commissioned corps of the United States Public Health Service.
190 [
191 States of America.
192 [
193 unless the text expressly references a portion of the 1953 recodification of the Utah Code as it
194 existed:
195 (a) on the day on which the 1953 recodification of the Utah Code was enacted; or
196 (b) (i) after the day described in Subsection [
197 (ii) before the most recent amendment to the referenced portion of the 1953
198 recodification of the Utah Code.
199 [
200 boat, and every structure adapted to be navigated from place to place.
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202 (i) has served in the United States Armed Forces for at least 180 days:
203 (A) on active duty; or
204 (B) in a reserve component, to include the National Guard; or
205 (ii) has incurred an actual service-related injury or disability while in the United States
206 Armed Forces regardless of whether the individual completed 180 days; and
207 (iii) was separated or retired under conditions characterized as honorable or general.
208 (b) This definition is not intended to confer eligibility for benefits.
209 [
210 [
211 (a) the state;
212 (b) a court; or
213 (c) a judicial officer.
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215 (a) printing;
216 (b) handwriting; and
217 (c) information stored in an electronic or other medium if the information is retrievable
218 in a perceivable format.