7 LONG TITLE
8 General Description:
9 This bill amends the restrictions placed on an offender who is on the Sex and Kidnap
10 Offender Registry.
11 Highlighted Provisions:
12 This bill:
13 ▸ restricts an offender on the Sex and Kidnap Offender Registry from entering a
14 homeowners' association, condominium project, or apartment complex swimming
15 pool, park, or playground; and
16 ▸ makes technical changes.
17 Money Appropriated in this Bill:
19 Other Special Clauses:
20 This bill provides a special effective date.
21 Utah Code Sections Affected:
23 77-27-21.7, as last amended by Laws of Utah 2020, Chapter 206
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 77-27-21.7 is amended to read:
27 77-27-21.7. Sex offender restrictions.
28 (1) As used in this section:
29 (a) "Condominium project" means the same as that term is defined in Section 57-8-3.
30 (b) "Minor" means an individual who is less than 18 years old[
32 (A) [
33 (B) a public swimming pool [
34 maintained, operated, or owned by a homeowners' association, condominium project, or
35 apartment complex;
36 (C) a public or private primary or secondary school that is not on the grounds of a
37 correctional facility;
38 (D) a community park that is open to the public or a park maintained, operated, or
39 owned by a homeowners' association, condominium project, or apartment complex;
40 (E) a [
41 maintained, operated, or owned by a homeowners' association, condominium project, or
42 apartment complex, including those areas designed to provide [
43 recreational equipment, or other amenities intended to allow [
44 physical activity; and
45 (F) except as provided in Subsection [
46 less from the residence of a victim of the sex offender if the sex offender is subject to a victim
47 requested restriction.
48 (ii) "Protected area" does not include:
49 (A) the area described in Subsection [
52 offender to reside in the same residence as the victim;
53 (B) a park, playground, or swimming pool located on the property of a residential
55 (C) a park or swimming pool that prohibits minors at all times from using the park or
56 swimming pool; or
57 (D) a park or swimming pool maintained, operated, or owned by a homeowners'
58 association, condominium project, or apartment complex established for residents 55 years old
59 or older if no minors are present at the park or swimming pool at the time the sex offender is
60 present at the park or swimming pool.
62 accordance with Title 77, Chapter 41, Sex and Kidnap Offender Registry, due to a conviction
63 for [
64 (2) For purposes of Subsection [
65 victim requested restriction if:
66 (a) the sex offender is on probation or parole for an offense that requires the offender to
67 register in accordance with Title 77, Chapter 41, Sex and Kidnap Offender Registry;
68 (b) the victim or the victim's parent or guardian advises the Department of Corrections
69 that the victim elects to restrict the sex offender from the area and authorizes the Department of
70 Corrections to advise the sex offender of the area where the victim resides; and
71 (c) the Department of Corrections notifies the sex offender in writing that the sex
72 offender is prohibited from being in the area described in Subsection [
73 and provides a description of the location of the protected area to the sex offender.
74 (3) A sex offender may not:
75 (a) be in a protected area except:
76 (i) when the sex offender must be in a protected area to perform the sex offender's
77 parental responsibilities;
78 (ii) (A) when the protected area is a public or private primary or secondary school; and
79 (B) the school is open and being used for a public activity other than a school-related
80 function that involves a minor; or
81 (iii) (A) if the protected area is a licensed day care or preschool facility located within a
82 building that is open to the public for purposes other than the operation of the day care or
83 preschool facility; and
84 (B) the sex offender does not enter a part of the building that is occupied by the day
85 care or preschool facility; or
86 (b) serve as an athletic coach, manager, or trainer for [
87 minor who is less than 18 years old is a member.
88 (4) A sex offender who violates this section is guilty of a class A misdemeanor.
89 Section 2. Effective date.
90 If approved by two-thirds of all the members elected to each house, this bill takes effect
91 upon approval by the governor, or the day following the constitutional time limit of Utah
92 Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
93 the date of veto override.