7 LONG TITLE
8 General Description:
9 This bill makes changes to the process and requirements for individuals who petition
10 for removal from the Sex and Kidnap Offender Registry.
11 Highlighted Provisions:
12 This bill:
13 ▸ requires that the Department of Corrections automatically remove individuals from
14 the Sex and Kidnap Offender Registry who qualify;
15 ▸ provides that the department shall notify an individual who is removed that the
16 individual has been removed;
17 ▸ allows for an individual who has not been automatically removed from the registry
18 by the Department of Corrections but believes their offense is no longer registrable
19 to request removal;
20 ▸ removes the authority of the Department of Corrections to charge a fee to process a
21 request for removal;
22 ▸ removes the requirement that registrants must comply with all registration
23 requirements in order to be eligible for removal through petition; and
24 ▸ makes technical and conforming changes.
25 Money Appropriated in this Bill:
27 Other Special Clauses:
28 This bill provides a coordination clause.
29 Utah Code Sections Affected:
31 77-41-112, as last amended by Laws of Utah 2019, Chapter 382
32 77-41-113, as enacted by Laws of Utah 2020, Chapter 237
33 Utah Code Sections Affected by Coordination Clause:
34 77-41-112, as last amended by Laws of Utah 2019, Chapter 382
36 Be it enacted by the Legislature of the state of Utah:
37 Section 1. Section 77-41-112 is amended to read:
38 77-41-112. Removal from registry -- Requirements -- Procedure.
39 (1) An offender who is required to register with the Sex and Kidnap Offender Registry
40 may petition the court for an order removing the offender from the Sex and Kidnap Offender
41 Registry if:
42 (a) (i) the offender [
43 (ii) at least five years have passed after the day on which the offender's sentence for the
44 offense [
45 (iii) the offense is the only offense for which the offender [
46 (iv) the offender [
47 offense, [
48 the offender is required to register, as evidenced by a certificate of eligibility issued by the
50 (v) the offender successfully [
51 or the Board of Pardons and Parole relating to the offense; and
52 (vi) the offender [
53 Pardons and Parole relating to the offense; [
56 (b) (i) if the offender is required to register in accordance with Subsection
58 (ii) at least 10 years have passed after the later of:
59 (A) the day on which the offender [
60 (B) the day on which the offender [
61 (C) the day on which the offender's sentence [
62 (D) the day on which the offender [
63 program; or
64 (E) for a minor, as defined in Section 78A-6-105, the day on which the division's
65 custody of the offender [
66 (iii) the offender [
67 misdemeanor, felony, or capital felony within the most recent 10-year period after the date
68 described in Subsection (1)(b)(ii), as evidenced by a certificate of eligibility issued by the
70 (iv) the offender successfully [
71 or the Board of Pardons and Parole relating to the offense; and
72 (v) the offender [
73 Pardons and Parole relating to the offense[
76 (2) The offenses referred to in Subsection (1)(a)(i) are:
77 (a) Section 76-4-401, enticing a minor, if the offense is a class A misdemeanor;
78 (b) Section 76-5-301, kidnapping;
79 (c) Section 76-5-304, unlawful detention, if the conviction of violating Section
80 76-5-304 is the only conviction for which the offender is required to register;
81 (d) Section 76-5-401, unlawful sexual activity with a minor if, at the time of the
82 offense, the offender is not more than 10 years older than the victim;
83 (e) Section 76-5-401.1, sexual abuse of a minor, if, at the time of the offense, the
84 offender is not more than 10 years older than the victim;
85 (f) Section 76-5-401.2, unlawful sexual conduct with a 16 or 17 year old, and at the
86 time of the offense, the offender is not more than 15 years older than the victim; or
87 (g) Section 76-9-702.7, voyeurism, if the offense is a class A misdemeanor.
88 (3) (a) (i) An offender seeking removal from the Sex and Kidnap Offender Registry
89 under this section shall apply for a certificate of eligibility from the bureau.
90 (ii) An offender who intentionally or knowingly provides false or misleading
91 information to the bureau when applying for a certificate of eligibility is guilty of a class B
92 misdemeanor and subject to prosecution under Section 76-8-504.6.
93 (iii) Regardless of whether the offender is prosecuted, the bureau may deny a certificate
94 of eligibility to an offender who provides false information on an application.
95 (b) (i) The bureau shall perform a check of records of governmental agencies,
96 including national criminal databases, to determine whether an offender is eligible to receive a
97 certificate of eligibility.
98 (ii) If the offender meets the requirements described in Subsection (1)(a) or (b), the
99 bureau shall issue a certificate of eligibility to the offender, which is valid for a period of 90
100 days after the day on which the bureau issues the certificate.
101 (iii) The bureau shall request information from the department regarding whether the
102 offender meets the requirements.
103 (iv) (A) Upon request from the bureau under Subsection (3)(b)(iii), the department
104 shall issue a document [
107 Subsection (1)(a) or (b), which shall be used by the bureau to determine if a certificate of
108 eligibility is appropriate.
109 (B) The document from the department shall also include a statement regarding the
110 offender's compliance with all registration requirements under this chapter.
111 (v) The bureau shall provide a copy of the document provided to the bureau under
112 Subsection (3)(b)(iv) to the offender upon issuance of a certificate of eligibility.
113 (4) (a) (i) The bureau shall charge application and issuance fees for a certificate of
114 eligibility in accordance with the process in Section 63J-1-504.
115 (ii) The application fee shall be paid at the time the offender submits an application for
116 a certificate of eligibility to the bureau.
117 (iii) If the bureau determines that the issuance of a certificate of eligibility is
118 appropriate, the offender will be charged an additional fee for the issuance of a certificate of
120 (b) Funds generated under this Subsection (4) shall be deposited into the General Fund
121 as a dedicated credit by the department to cover the costs incurred in determining eligibility.
122 (5) (a) The offender shall file the petition, including original information, the court
123 docket, the certificate of eligibility from the bureau, and the document from the department
124 described in Subsection (3)(b)(iv) with the court, and deliver a copy of the petition to the office
125 of the prosecutor.
126 (b) Upon receipt of a petition for removal from the Sex and Kidnap Offender Registry,
127 the office of the prosecutor shall provide notice of the petition by first-class mail to the victim
128 at the most recent address of record on file or, if the victim is still a minor under 18 years of
129 age, to the parent or guardian of the victim.
130 (c) The notice described in Subsection (5)(b) shall include a copy of the petition, state
131 that the victim has a right to object to the removal of the offender from the registry, and
132 provide instructions for registering an objection with the court.
133 (d) The office of the prosecutor shall provide the following, if available, to the court
134 within 30 days after the day on which the office receives the petition:
135 (i) presentencing report;
136 (ii) an evaluation done as part of sentencing; and
137 (iii) any other information the office of the prosecutor feels the court should consider.
138 (e) The victim, or the victim's parent or guardian if the victim is a minor under 18 years
139 of age, may respond to the petition by filing a recommendation or objection with the court
140 within 45 days after the day on which the petition is mailed to the victim.
141 (6) (a) The court shall:
142 (i) review the petition and all documents submitted with the petition; and
143 (ii) hold a hearing if requested by the prosecutor or the victim.
144 (b) The court may grant the petition and order removal of the offender from the registry
145 if the court determines that the offender has met the requirements described in Subsection
146 (1)(a) or (b) and removal is not contrary to the interests of the public.
147 (c) In determining whether removal is contrary to the interests of the public, the court
148 may not consider removal unless the offender has substantially complied with all registration
149 requirements under this chapter at all times.
151 directing removal of the offender from the registry to the department and the office of the
154 for three years.
155 (7) The court shall notify the victim and the Sex and Kidnap Offender Registry office
156 in the department of the court's decision within three days after the day on which the court
157 issues the court's decision in the same manner described in Subsection (5).
158 Section 2. Section 77-41-113 is amended to read:
159 77-41-113. Removal for offenses for which registration is no longer required.
160 (1) An individual who is currently on the Sex and Kidnap Offender Registry because of
161 a conviction for any of the following offenses [
163 or offenses for which the individual is on the registry is listed in Subsection (2).
164 (2) This section applies to a conviction for the following offenses:
165 (a) a class B or class C misdemeanor for enticing a minor, Section 76-4-401;
166 (b) kidnapping, based upon Subsection 76-5-301(1)(a) or (b);
167 (c) child kidnapping, Section 76-5-301.1, if the offender was the natural parent of the
168 child victim;
169 (d) unlawful detention, Section 76-5-304;
170 (e) a third degree felony for unlawful sexual intercourse before 1986, or a class B
171 misdemeanor for unlawful sexual intercourse, Section 76-5-401; or
172 (f) sodomy, but not forcible sodomy, Section 76-5-403.
173 (3) The department shall notify any individual who has been removed from the registry
174 in accordance with Subsection (1). The notice shall include a statement that the individual is no
175 longer required to register as a sex offender.
176 (4) An individual who is currently on the Sex and Kidnap Offender Registry may
177 submit a request to the department to be removed from the registry.
179 (a) check the registry for the individual's current status;
180 (b) determine whether the individual qualifies for removal based upon this section; and
181 (c) notify the individual in writing of the department's determination and whether the
183 (i) qualifies for removal from the registry; or
184 (ii) does not qualify for removal.
186 registry, the department shall remove the offender from the registry.
188 from the registry, the department shall provide an explanation in writing for the department's
189 determination. The department's determination is final and not subject to administrative review.
191 determination made in good faith in accordance with this section.
193 days of receipt of the request [
194 within 30 days, the department shall notify the individual that the response may be delayed up
195 to 30 additional days.
197 Section 3. Coordinating S.B. 165 with S.B. 215 -- Technical amendment.
198 If this S.B. 165 and S.B. 215, Sex Offender Registry Amendments, both pass and
199 become law, the Legislature intends that the Office of Legislative Research and General
200 Counsel, when preparing the Utah Code database for publication, amend Subsection
201 77-41-112(3)(b)(iv)(A) in S.B. 165 to read:
202 (A) Upon request from the bureau under Subsection (3)(b)(iii), the department shall
203 issue a document [
206 Subsection (1)(a), (b), or (c), which shall be used by the bureau to determine if a certificate of
207 eligibility is appropriate.