1     
JUVENILE JUSTICE REVISIONS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Karianne Lisonbee

5     
Senate Sponsor: Michael S. Kennedy

6     Cosponsors:
7     Cheryl K. Acton
Dan N. Johnson
Karen M. Peterson
Ryan D. Wilcox

8     

9     LONG TITLE
10     General Description:
11          This bill amends provisions related to juvenile justice.
12     Highlighted Provisions:
13          This bill:
14          ▸     defines terms;
15          ▸     requires the State Board of Education to provide a report on certain law
16     enforcement and disciplinary actions on school grounds to the State Commission on
17     Criminal and Juvenile Justice;
18          ▸     creates a juvenile gang and other violent crime prevention and intervention program
19     to be administered by the State Board of Education;
20          ▸     modifies requirements related to referrals for offenses committed by minors on
21     school property;
22          ▸     requires a school to develop a reintegration plan for a minor alleged to have
23     committed a violent felony offense or a weapons offense;
24          ▸     amends the requirements for the criminal justice database;
25          ▸     removes a repeal date relating to referrals for offenses committed by minors on
26     school property;

27          ▸     modifies the duties of the State Commission on Criminal and Juvenile Justice in
28     regards to juvenile justice;
29          ▸     makes it a crime for a minor to possess a machinegun firearm attachment;
30          ▸     modifies the notification requirements to schools regarding a minor who committed,
31     or is alleged to have committed, a violent felony offense or a weapons offense;
32          ▸     enacts data collection and reporting requirements for the State Commission on
33     Criminal and Juvenile Justice and the Administrative Office of the Courts in regards
34     to offenses committed, or allegedly committed, by minors;
35          ▸     clarifies provisions relating to a nonjudicial adjustment;
36          ▸     modifies the eligibility requirements for a nonjudicial adjustment; and
37          ▸     makes technical and conforming changes.
38     Money Appropriated in this Bill:
39          None
40     Other Special Clauses:
41          None
42     Utah Code Sections Affected:
43     AMENDS:
44          53E-3-516, as last amended by Laws of Utah 2022, Chapter 399
45          53E-9-305, as last amended by Laws of Utah 2021, Chapter 262
46          53F-2-208, as last amended by Laws of Utah 2022, Chapter 1
47          53G-6-203, as last amended by Laws of Utah 2021, Chapter 359
48          53G-8-211, as last amended by Laws of Utah 2021, Chapters 262, 359 and further
49     amended by Revisor Instructions, Laws of Utah 2021, Chapter 359
50          53G-8-402, as last amended by Laws of Utah 2021, Chapter 262
51          53G-8-403, as renumbered and amended by Laws of Utah 2018, Chapter 3
52          63A-16-1001, as enacted by Laws of Utah 2022, Chapter 390
53          63A-16-1002, as enacted by Laws of Utah 2022, Chapter 390 and last amended by

54     Coordination Clause, Laws of Utah 2022, Chapter 390
55          63I-1-253, as last amended by Laws of Utah 2022, Chapters 10, 30, 31, 172, 173, 194,
56     218, 224, 229, 236, 254, 274, and 414
57          63M-7-208, as last amended by Laws of Utah 2021, Chapter 262
58          63M-7-218, as enacted by Laws of Utah 2022, Chapter 390 and last amended by
59     Coordination Clause, Laws of Utah 2022, Chapter 390
60          76-5-401.3, as last amended by Laws of Utah 2022, Chapter 181
61          76-10-501, as last amended by Laws of Utah 2015, Chapters 212, 406
62          76-10-509.4, as last amended by Laws of Utah 2013, Chapter 301
63          78A-5-102.5, as enacted by Laws of Utah 2022, Chapter 155
64          78A-6-103, as last amended by Laws of Utah 2022, Chapters 155, 335
65          78A-6-210, as last amended by Laws of Utah 2021, Chapter 261
66          80-6-103, as enacted by Laws of Utah 2021, Chapter 261
67          80-6-302, as last amended by Laws of Utah 2022, Chapter 155
68          80-6-303, as last amended by Laws of Utah 2022, Chapter 155
69          80-6-304, as last amended by Laws of Utah 2022, Chapter 430
70          80-6-305, as renumbered and amended by Laws of Utah 2021, Chapter 261
71     ENACTS:
72          53G-8-213, Utah Code Annotated 1953
73          80-6-104, Utah Code Annotated 1953
74          80-6-303.5, Utah Code Annotated 1953
75          80-6-304.5, Utah Code Annotated 1953
76     REPEALS AND REENACTS:
77          53F-2-410, as repealed and reenacted by Laws of Utah 2021, Chapter 319
78     

79     Be it enacted by the Legislature of the state of Utah:
80          Section 1. Section 53E-3-516 is amended to read:

81          53E-3-516. School disciplinary and law enforcement action report -- Rulemaking
82     authority.
83          (1) As used in this section:
84          (a) "Disciplinary action" means an action by a public school meant to formally
85     discipline a student of that public school that includes a suspension or expulsion.
86          (b) "Law enforcement agency" means the same as that term is defined in Section
87     77-7a-103.
88          (c) "Minor" means the same as that term is defined in Section 53G-6-201.
89          (d) "Other law enforcement activity" means a significant law enforcement interaction
90     with a minor that does not result in an arrest, including:
91          (i) a search and seizure by an SRO;
92          (ii) issuance of a criminal citation;
93          (iii) issuance of a ticket or summons;
94          (iv) filing a delinquency petition; or
95          (v) referral to a probation officer.
96          (e) "School is in session" means the hours of a day during which a public school
97     conducts instruction for which student attendance is counted toward calculating average daily
98     membership.
99          (f) (i) "School-sponsored activity" means an activity, fundraising event, club, camp,
100     clinic, or other event or activity that is authorized by a specific public school, according to LEA
101     governing board policy, and satisfies at least one of the following conditions:
102          (A) the activity is managed or supervised by a school district, public school, or public
103     school employee;
104          (B) the activity uses the school district or public school facilities, equipment, or other
105     school resources; or
106          (C) the activity is supported or subsidized, more than inconsequentially, by public
107     funds, including the public school's activity funds or Minimum School Program dollars.

108          (ii) "School-sponsored activity" includes preparation for and involvement in a public
109     performance, contest, athletic competition, demonstration, display, or club activity.
110          (g) ["Student] "School resource officer" or "SRO" means the same as that term is
111     defined in Section 53G-8-701.
112          (2) Beginning on July 1, 2023, the state board shall develop an annual report regarding
113     the following incidents that occur on school grounds while school is in session or during a
114     school-sponsored activity:
115          (a) arrests of a minor;
116          (b) other law enforcement activities; and
117          (c) disciplinary actions.
118          (3) Pursuant to state and federal law, law enforcement agencies shall collaborate with
119     the state board and LEAs to provide and validate data and information necessary to complete
120     the report described in Subsection (2), as requested by an LEA or the state board.
121          (4) The report described in Subsection (2) shall include the following information
122     listed separately for each LEA:
123          (a) the number of arrests of a minor, including the reason why the minor was arrested;
124          (b) the number of other law enforcement activities, including the following information
125     for each incident:
126          (i) the reason for the other law enforcement activity; and
127          (ii) the type of other law enforcement activity used;
128          (c) the number of disciplinary actions imposed, including:
129          (i) the reason for the disciplinary action; and
130          (ii) the type of disciplinary action;
131          (d) the number of SROs employed; and
132          (e) if applicable, the demographics of an individual who is subject to, as the following
133     are defined in Section 53G-9-601, bullying, hazing, cyber-bullying, or retaliation.
134          (5) The report described in Subsection (2) shall include the following information, in

135     aggregate, for each element described in Subsections (4)(a) through (c):
136          (a) age;
137          (b) grade level;
138          (c) race;
139          (d) sex; and
140          (e) disability status.
141          (6) Information included in the annual report described in Subsection (2) shall comply
142     with:
143          (a) Chapter 9, Part 3, Student Data Protection;
144          (b) Chapter 9, Part 2, Student Privacy; and
145          (c) the Family Education Rights and Privacy Act, 20 U.S.C. Secs. 1232g and 1232h.
146          (7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
147     state board shall make rules to compile the report described in Subsection (2).
148          (8) The state board shall provide the report described in Subsection (2):
149          (a) in accordance with Section 53E-1-203 for incidents that occurred during the
150     previous school year[.]; and
151          (b) to the State Commission on Criminal and Juvenile Justice before July 1 of each
152     year for incidents that occurred during the previous school year.
153          Section 2. Section 53E-9-305 is amended to read:
154          53E-9-305. Collecting student data -- Prohibition -- Student data collection notice
155     -- Written consent.
156          (1) An education entity may not collect a student's:
157          (a) social security number; or
158          (b) except as required in Section 80-6-103, criminal record.
159          (2) Except as provided in Subsection (3), an education entity that collects student data
160     shall, in accordance with this section, prepare and distribute to parents and students a student
161     data collection notice statement that:

162          (a) is a prominent, stand-alone document;
163          (b) is annually updated and published on the education entity's website;
164          (c) states the student data that the education entity collects;
165          (d) states that the education entity will not collect the student data described in
166     Subsection (1);
167          (e) states the student data described in Section 53E-9-308 that the education entity may
168     not share without written consent;
169          (f) includes the following statement:
170          "The collection, use, and sharing of student data has both benefits and risks. Parents
171     and students should learn about these benefits and risks and make choices regarding student
172     data accordingly.";
173          (g) describes in general terms how the education entity stores and protects student data;
174     and
175          (h) states a student's rights under this part.
176          (3) The state board may publicly post the state board's collection notice described in
177     Subsection (2).
178          (4) An education entity may collect the necessary student data of a student if the
179     education entity provides a student data collection notice to:
180          (a) the student, if the student is an adult student; or
181          (b) the student's parent, if the student is not an adult student.
182          (5) An education entity may collect optional student data if the education entity:
183          (a) provides, to an individual described in Subsection (4), a student data collection
184     notice that includes a description of:
185          (i) the optional student data to be collected; and
186          (ii) how the education entity will use the optional student data; and
187          (b) obtains written consent to collect the optional student data from an individual
188     described in Subsection (4).

189          (6) An education entity may collect a student's biometric identifier or biometric
190     information if the education entity:
191          (a) provides, to an individual described in Subsection (4), a biometric information
192     collection notice that is separate from a student data collection notice, which states:
193          (i) the biometric identifier or biometric information to be collected;
194          (ii) the purpose of collecting the biometric identifier or biometric information; and
195          (iii) how the education entity will use and store the biometric identifier or biometric
196     information; and
197          (b) obtains written consent to collect the biometric identifier or biometric information
198     from an individual described in Subsection (4).
199          (7) Except under the circumstances described in Subsection 53G-8-211(2), an
200     education entity may not refer a student to an evidence-based alternative intervention described
201     in [Subsection 53G-8-211(3)] Section 53G-8-211 without written consent.
202          (8) Nothing in this section prohibits an education entity from including additional
203     information related to student and parent privacy in the notice described in Subsection (2).
204          Section 3. Section 53F-2-208 is amended to read:
205          53F-2-208. Cost of adjustments for growth and inflation.
206          (1) In accordance with Subsection (2), the Legislature shall annually determine:
207          (a) the estimated state cost of adjusting for inflation in the next fiscal year, based on a
208     rolling five-year average ending in the current fiscal year, ongoing state tax fund appropriations
209     to the following programs:
210          (i) education for youth in custody, described in Section 53E-3-503;
211          (ii) the Basic Program, described in Title 53F, Chapter 2, Part 3, Basic Program
212     (Weighted Pupil Units);
213          (iii) the Adult Education Program, described in Section 53F-2-401;
214          (iv) state support of pupil transportation, described in Section 53F-2-402;
215          (v) the Enhancement for Accelerated Students Program, described in Section

216     53F-2-408;
217          (vi) the Concurrent Enrollment Program, described in Section 53F-2-409; and
218          (vii) the [gang prevention and intervention] juvenile gang and other violent crime
219     prevention and intervention program, described in Section 53F-2-410; and
220          (b) the estimated state cost of adjusting for enrollment growth, in the next fiscal year,
221     the current fiscal year's ongoing state tax fund appropriations to the following programs:
222          (i) a program described in Subsection (1)(a);
223          (ii) educator salary adjustments, described in Section 53F-2-405;
224          (iii) the Teacher Salary Supplement Program, described in Section 53F-2-504;
225          (iv) the Voted and Board Local Levy Guarantee programs, described in Section
226     53F-2-601; and
227          (v) charter school local replacement funding, described in Section 53F-2-702.
228          (2) (a) In or before December each year, the Executive Appropriations Committee shall
229     determine:
230          (i) the cost of the inflation adjustment described in Subsection (1)(a); and
231          (ii) the cost of the enrollment growth adjustment described in Subsection (1)(b).
232          (b) The Executive Appropriations Committee shall make the determinations described
233     in Subsection (2)(a) based on recommendations developed by the Office of the Legislative
234     Fiscal Analyst, in consultation with the state board and the Governor's Office of Planning and
235     Budget.
236          Section 4. Section 53F-2-410 is repealed and reenacted to read:
237          53F-2-410. Juvenile gang and other violent crime prevention and intervention
238     program -- Funding.
239          (1) Subject to appropriations by the Legislature, the state board shall:
240          (a) create a juvenile gang and other violent crime prevention and intervention program
241     that is designed to help students at risk for violent criminal involvement stay in school; and
242          (b) distribute money under the program to school districts and charter schools through

243     the distribution formula described in Subsection (2).
244          (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
245     state board shall make rules that:
246          (a) establish a formula to distribute program funding to schools in school districts and
247     charter schools that:
248          (i) uses the data reported to the state board under Section 80-6-104; and
249          (ii) prioritizes the schools in school districts and charter schools based on the
250     prevalence of crimes committed by minors within the boundaries of each municipality where a
251     school is located;
252          (b) annually adjust the distribution of program funding using the data reported to the
253     state board under Section 80-6-104; and
254          (c) establish baseline performance standards that school districts or charter schools are
255     required to meet in order to receive funding under the program.
256          (3) (a) A school district or a charter school seeking program funding shall submit a
257     proposal to the state board that:
258          (i) describes how the school district or charter school intends to use the funds; and
259          (ii) provides data related to Subsection (2)(a)(ii).
260          (b) The state board shall allocate funding on a per student basis to prioritized school
261     districts and charter schools that submit a successful proposal under Subsection (3)(a).
262          (4) The state board may not distribute funds to a school district or a charter school that
263     fails to meet performance standards described in Subsection (2)(c).
264          (5) A school district or a charter school that is awarded funds under this section shall
265     submit a report to the state board that includes details on:
266          (a) how the school district or the charter school used the funds; and
267          (b) the school district's, or the charter school's, compliance with the performance
268     standards described in Subsection (2)(c).
269          Section 5. Section 53G-6-203 is amended to read:

270          53G-6-203. Truancy -- Notice of truancy -- Failure to cooperate with school
271     authorities.
272          (1) Except as provided in Section 53G-6-204 or 53G-6-702, a school-age child who is
273     enrolled in a public school shall attend the public school in which the school-age child is
274     enrolled.
275          (2) [Except during the period between the effective date of this bill and June 1, 2022,]
276     In accordance with Section 53G-8-211, a local school board, charter school governing board, or
277     school district may impose administrative penalties on a school-age child who is:
278          (a) in grade 7 or above, unless the school-age child is less than 12 years old; and
279          (b) truant.
280          (3) A local school board or charter school governing board:
281          (a) may authorize a school administrator, a designee of a school administrator, a law
282     enforcement officer acting as a school resource officer, or a truancy specialist to issue a notice
283     of truancy in accordance with Subsection (4); and
284          (b) shall establish a procedure for a school-age child, or the school-age child's parents,
285     to contest a notice of truancy.
286          (4) A notice of truancy described in Subsection (3):
287          (a) may not be issued until a school-age child has been truant at least five times during
288     the school year;
289          (b) may not be issued to a school-age child who is less than 12 years old or in a grade
290     below grade 7;
291          (c) may not be issued to a school-age child exempt from school attendance as provided
292     in Section 53G-6-204 or 53G-6-702;
293          (d) shall direct the school-age child who receives the notice of truancy and the parent
294     of the school-age child to:
295          (i) meet with school authorities to discuss the school-age child's truancies; and
296          (ii) cooperate with the local school board, charter school governing board, or school

297     district in securing regular attendance by the school-age child; and
298          (e) shall be mailed to, or served on, the school-age child's parent.
299          (5) (a) Except as provided in Subsection (5)(b), nothing in this part prohibits a local
300     school board, charter school governing board, or school district from taking action to resolve a
301     truancy problem with a school-age child who has been truant fewer than five times, provided
302     that the action does not conflict with the requirements of this part.
303          (b) A local school board, charter school governing board, or school district may not
304     take punitive action to resolve a truancy problem with a school-age child during the period
305     described in Subsection (2).
306          (6) Notwithstanding this section, during the period described in Subsection (2), a
307     school administrator, designee of a school administrator, law enforcement officer acting as a
308     school resource officer, or truancy specialist may not issue or otherwise enforce a notice of
309     truancy.
310          Section 6. Section 53G-8-211 is amended to read:
311          53G-8-211. Responses to school-based behavior.
312          (1) As used in this section:
313          (a) "Evidence-based" means a program or practice that has:
314          (i) had multiple randomized control studies or a meta-analysis demonstrating that the
315     program or practice is effective for a specific population;
316          (ii) been rated as effective by a standardized program evaluation tool; or
317          (iii) been approved by the state board.
318          (b) "Habitual truant" means a school-age child who:
319          (i) is in grade 7 or above, unless the school-age child is [less than] under 12 years old;
320          (ii) is subject to the requirements of Section 53G-6-202; and
321          (iii) (A) is truant at least 10 times during one school year; or
322          (B) fails to cooperate with efforts on the part of school authorities to resolve the
323     school-age child's attendance problem as required under Section 53G-6-206.

324          (c) "Minor" means the same as that term is defined in Section 80-1-102.
325          (d) "Mobile crisis outreach team" means the same as that term is defined in Section
326     62A-15-102.
327          (e) "Prosecuting attorney" means the same as that term is defined in Subsections
328     80-1-102(58)(b) and (c).
329          (f) "Restorative justice program" means a school-based program or a program used or
330     adopted by a local education agency that is designed:
331          (i) to enhance school safety, reduce school suspensions, and limit referrals to law
332     enforcement agencies and courts; and
333          (ii) to help minors take responsibility for and repair harmful behavior that occurs in
334     school.
335          (g) "School administrator" means a principal of a school.
336          (h) "School is in session" means a day during which the school conducts instruction for
337     which student attendance is counted toward calculating average daily membership.
338          (i) "School resource officer" means a law enforcement officer, as defined in Section
339     53-13-103, who contracts with, is employed by, or whose law enforcement agency contracts
340     with a local education agency to provide law enforcement services for the local education
341     agency.
342          (j) "School-age child" means the same as that term is defined in Section 53G-6-201.
343          (k) (i) "School-sponsored activity" means an activity, fundraising event, club, camp,
344     clinic, or other event or activity that is authorized by a specific local education agency or public
345     school, according to LEA governing board policy, and satisfies at least one of the following
346     conditions:
347          (A) the activity is managed or supervised by a local education agency or public school,
348     or local education agency or public school employee;
349          (B) the activity uses the local education agency's or public school's facilities,
350     equipment, or other school resources; or

351          (C) the activity is supported or subsidized, more than inconsequentially, by public
352     funds, including the public school's activity funds or Minimum School Program dollars.
353          (ii) "School-sponsored activity" includes preparation for and involvement in a public
354     performance, contest, athletic competition, demonstration, display, or club activity.
355          (l) (i) "Status offense" means an offense that would not be an offense but for the age of
356     the offender.
357          (ii) "Status offense" does not mean an offense that by statute is a misdemeanor or
358     felony.
359          (2) This section applies to a minor enrolled in school who is alleged to have committed
360     an offense [at the school where the student is enrolled: (a)] on school property where the
361     student is enrolled:
362          [(i)] (a) when school is in session; or
363          [(ii)] (b) during a school-sponsored activity[; or].
364          [(b) except during the period between March 17, 2021 and June 1, 2022, that is
365     truancy.]
366          (3) If a minor is alleged to have committed an offense on school property that is a class
367     C misdemeanor, an infraction, or a status offense, the school administrator, the school
368     administrator's designee, or a school resource officer may refer the minor:
369          (a) to an evidence-based alternative intervention, including:
370          (i) a mobile crisis outreach team;
371          (ii) a youth services center, as defined in Section 80-5-102;
372          (iii) a youth court or comparable restorative justice program;
373          (iv) an evidence-based alternative intervention created and developed by the school or
374     school district;
375          (v) an evidence-based alternative intervention that is jointly created and developed by a
376     local education agency, the state board, the juvenile court, local counties and municipalities,
377     the Department of Health and Human Services; or

378          (vi) a tobacco cessation or education program if the offense is a violation of Section
379     76-10-105; or
380          (b) for prevention and early intervention youth services, as described in Section
381     80-5-201, by the Division of Juvenile Justice Services if the minor refuses to participate in an
382     evidence-based alternative intervention described in Subsection (3)(a).
383          (4) Except as provided in Subsection (5), if a minor is alleged to have committed an
384     offense on school property that is a class C misdemeanor, an infraction, or a status offense, a
385     school administrator, the school administrator's designee, or a school resource officer may refer
386     a minor to a law enforcement officer or agency or a court only if:
387          (a) the minor allegedly committed the same offense on school property on two previous
388     occasions; and
389          (b) the minor was referred to an evidence-based alternative intervention, or to
390     prevention or early intervention youth services, as described in Subsection (3) for both of the
391     two previous offenses.
392          (5) If a minor is alleged to have committed a traffic offense that is an infraction, a
393     school administrator, the school administrator's designee, or a school resource officer may refer
394     the minor to a law enforcement officer or agency, a prosecuting attorney, or a court for the
395     traffic offense.
396          [(3) (a) Except as provided in Subsections (3)(e) and (5), if a minor is alleged to have
397     committed an offense that is a class C misdemeanor, an infraction, a status offense on school
398     property, or an offense that is truancy:]
399          [(i) a school district or school may not refer the minor to a law enforcement officer or
400     agency or a court; and]
401          [(ii) a law enforcement officer or agency may not refer the minor to a prosecuting
402     attorney or a court.]
403          [(b) Except as provided in Subsection (3)(e), if a minor is alleged to have committed an
404     offense that is a class C misdemeanor, an infraction, a status offense on school property, or an

405     offense that is truancy, a school district, school, or law enforcement officer or agency may refer
406     the minor to evidence-based alternative interventions, including:]
407          [(i) a mobile crisis outreach team;]
408          [(ii) a youth services center as defined in Section 80-5-102;]
409          [(iii) a youth court or comparable restorative justice program;]
410          [(iv) evidence-based interventions created and developed by the school or school
411     district; and]
412          [(v) other evidence-based interventions that may be jointly created and developed by a
413     local education agency, the state board, the juvenile court, local counties and municipalities,
414     the Department of Health, or the Department of Human Services.]
415          [(c)] (6) Notwithstanding Subsection [(3)(a)] (4), a school resource officer may:
416          [(i)] (a) investigate possible criminal offenses and conduct, including conducting
417     probable cause searches;
418          [(ii)] (b) consult with school administration about the conduct of a minor enrolled in a
419     school;
420          [(iii)] (c) transport a minor enrolled in a school to a location if the location is permitted
421     by law;
422          [(iv)] (d) take temporary custody of a minor in accordance with Section 80-6-201; or
423          [(v)] (e) protect the safety of students and the school community, including the use of
424     reasonable and necessary physical force when appropriate based on the totality of the
425     circumstances.
426          [(d) Notwithstanding other provisions of this section, if a law enforcement officer has
427     cause to believe a minor has committed an offense on school property when school is not in
428     session and not during a school-sponsored activity, the law enforcement officer may refer the
429     minor to:]
430          [(i) a prosecuting attorney or a court; or]
431          [(ii) evidence-based alternative interventions at the discretion of the law enforcement

432     officer.]
433          [(e) If a minor is alleged to have committed a traffic offense that is an infraction, a
434     school district, a school, or a law enforcement officer or agency may refer the minor to a
435     prosecuting attorney or a court for the traffic offense.]
436          [(4) A school district or school shall refer a minor for prevention and early intervention
437     youth services, as described in Section 80-5-201, by the Division of Juvenile Justice Services
438     for a class C misdemeanor committed on school property or for being a habitual truant if the
439     minor refuses to participate in an evidence-based alternative intervention described in
440     Subsection (3)(b).]
441          [(5) A school district or school may refer a minor to a court or a law enforcement
442     officer or agency for an alleged class C misdemeanor committed on school property or for
443     allegedly being a habitual truant if the minor:]
444          [(a) refuses to participate in an evidence-based alternative intervention under
445     Subsection (3)(b); and]
446          [(b) fails to participate in prevention and early intervention youth services provided by
447     the Division of Juvenile Justice Services under Subsection (4).]
448          [(6)] (7) (a) If a minor is referred to a court or a law enforcement officer or agency
449     under Subsection [(5)] (4), the school or the school district shall appoint a school representative
450     to continue to engage with the minor and the minor's family through the court process.
451          (b) A school representative appointed under Subsection [(6)(a)] (7)(a) may not be a
452     school resource officer.
453          (c) A school district or school shall include the following in the school district's or
454     school's referral to the court or the law enforcement officer or agency:
455          (i) attendance records for the minor;
456          (ii) a report of evidence-based alternative interventions used by the school before the
457     referral, including outcomes;
458          (iii) the name and contact information of the school representative assigned to actively

459     participate in the court process with the minor and the minor's family;
460          (iv) if the minor was referred to prevention or early intervention youth services under
461     Subsection (3)(b), a report from the Division of Juvenile Justice Services that demonstrates the
462     minor's failure to complete or participate in prevention and early intervention youth services
463     under Subsection [(4)] (3)(b); and
464          (v) any other information that the school district or school considers relevant.
465          (d) A minor referred to a court under Subsection [(5)] (4) may not be ordered to or
466     placed in secure detention, including for a contempt charge or violation of a valid court order
467     under Section 78A-6-353, when the underlying offense is [a class C misdemeanor occurring on
468     school property or habitual truancy] a status offense or infraction.
469          (e) If a minor is referred to a court under Subsection [(5)] (4), the court may use, when
470     available, the resources of the Division of Juvenile Justice Services or the Division of
471     Substance Abuse and Mental Health to address the minor.
472          [(7)] (8) [If the alleged offense is a class B misdemeanor or a class A misdemeanor] If
473     a minor is alleged to have committed an offense on school property that is a class B
474     misdemeanor or a class A misdemeanor, the school administrator, the school administrator's
475     designee, or a school resource officer may refer the minor directly to a [juvenile] court or to the
476     evidence-based alternative interventions in Subsection [(3)(b)] (3)(a).
477          Section 7. Section 53G-8-213 is enacted to read:
478          53G-8-213. Reintegration plan for student alleged to have committed violent
479     felony or weapon offense.
480          (1) As used in this section:
481          (a) "Multidisciplinary team" means the local education agency, the juvenile court, the
482     Division of Juvenile Justice Services, a school resource officer if applicable, and any other
483     relevant party that should be involved in a reintegration plan.
484          (b) "Violent felony" means the same as that term is defined in Section 76-3-203.5.
485          (2) If a school district receives a notification from the juvenile court or a law

486     enforcement agency that a student was arrested for, charged with, or adjudicated in the juvenile
487     court for a violent felony or an offense in violation of Title 76, Chapter 10, Part 5, Weapons,
488     the school shall develop a reintegration plan for the student with a multidisciplinary team, the
489     student, and the student's parent or guardian, within five days after the day on which the school
490     receives a notification.
491          (3) The school may deny admission to the student until the school completes the
492     reintegration plan under Subsection (2).
493          (4) The reintegration plan under Subsection (2) shall address:
494          (a) a behavioral intervention for the student;
495          (b) a short-term mental health or counseling service for the student; and
496          (c) an academic intervention for the student.
497          Section 8. Section 53G-8-402 is amended to read:
498          53G-8-402. Notification by juvenile court and law enforcement agencies.
499          [(1) Notifications received from the juvenile court or law enforcement agencies by the
500     school district]
501          (1) A notification received by a school district from the juvenile court or a law
502     enforcement agency under Section 80-6-103 [are] is governed by this part.
503          [(2) School districts may enter into agreements with law enforcement agencies for]
504          (2) A school district may enter into an agreement with a law enforcement agency
505     regarding a notification under Subsection (1).
506          Section 9. Section 53G-8-403 is amended to read:
507          53G-8-403. Superintendent required to notify school.
508          (1) Within three days of receiving [the information] a notification from the juvenile
509     court or a law enforcement agency under Section 80-6-103, the district superintendent shall
510     notify the principal of the school the juvenile attends or last attended.
511          (2) Upon receipt of the information, the principal shall:
512          (a) make a notation in a secure file other than the student's permanent file; and

513          (b) if the student is still enrolled in the school, notify staff members who, in his
514     opinion, should know of the adjudication.
515          (3) A person receiving information pursuant to this part may only disclose the
516     information to other persons having both a right and a current need to know.
517          (4) Access to secure files shall be limited to persons authorized to receive information
518     under this part.
519          Section 10. Section 63A-16-1001 is amended to read:
520     
Part 10. Criminal and Juvenile Justice Database

521          63A-16-1001. Definitions.
522          As used in this part:
523          (1) "Commission" means the State Commission on Criminal and Juvenile Justice
524     created in Section 63M-7-201.
525          (2) "Criminal justice agency" means an agency or institution directly involved in the
526     apprehension, prosecution, and incarceration of an individual involved in criminal activity,
527     including law enforcement, correctional facilities, jails, courts, probation, and parole.
528          (3) "Database" means the [Criminal Justice Database] criminal and juvenile justice
529     database created in this part.
530          (4) "Division" means the Division of Technology Services created in Section
531     63A-16-103.
532          Section 11. Section 63A-16-1002 is amended to read:
533          63A-16-1002. Criminal and juvenile justice database.
534          (1) The commission shall oversee the creation and management of a [Criminal Justice
535     Database] criminal and juvenile justice database for information and data required to be
536     reported to the commission, organized by county, and accessible to all criminal justice agencies
537     in the state.
538          (2) The division shall assist with the development and management of the database.
539          (3) The division, in collaboration with the commission, shall create:

540          (a) master standards and formats for information submitted to the database;
541          (b) a portal, bridge, website, or other method for reporting entities to provide the
542     information;
543          (c) a master data management index or system to assist in the retrieval of information
544     in the database;
545          (d) a protocol for accessing information in the database that complies with state
546     privacy regulations; and
547          (e) a protocol for real-time audit capability of all data accessed through the portal by
548     participating data source, data use entities, and regulators.
549          (4) Each criminal justice agency charged with reporting information to the commission
550     shall provide the data or information to the database in a form prescribed by the commission.
551          (5) The database shall be the repository for the statutorily required data described in:
552          (a) Section 13-53-111, recidivism reporting requirements;
553          (b) Section 17-22-32, county jail reporting requirements;
554          (c) Section 17-55-201, Criminal Justice Coordinating Councils reporting;
555          (d) Section 24-4-118, forfeiture reporting requirements;
556          (e) Section 41-6a-511, courts to collect and maintain data;
557          (f) Section 63M-7-214, law enforcement agency grant reporting;
558          (g) Section 63M-7-216, prosecutorial data collection;
559          (h) Section 64-13-21, supervision of sentenced offenders placed in community;
560          (i) Section 64-13-25, standards for programs;
561          (j) Section 64-13-45, department reporting requirements;
562          (k) Section 64-13e-104, housing of state probationary inmates or state parole inmates;
563          (l) Section 77-7-8.5, use of tactical groups;
564          (m) Section 77-20-103, release data requirements;
565          (n) Section 77-22-2.5, court orders for criminal investigations;
566          (o) Section 78A-2-109.5, court demographics reporting;

567          (p) Section 80-6-104, data collection on offenses committed by minors; and
568          [(p)] (q) any other statutes which require the collection of specific data and the
569     reporting of that data to the commission.
570          (6) The commission shall report:
571          (a) progress on the database, including creation, configuration, and data entered, to the
572     Law Enforcement and Criminal Justice Interim Committee not later than November 2022; and
573          (b) all data collected as of December 31, 2022, to the Law Enforcement and Criminal
574     Justice Interim Committee, the House Law Enforcement and Criminal Justice Standing
575     Committee, and the Senate Judiciary, Law Enforcement and Criminal Justice Standing
576     Committee not later than January 16, 2023.
577          Section 12. Section 63I-1-253 is amended to read:
578          63I-1-253. Repeal dates: Titles 53 through 53G.
579          (1) Section 53-2a-105, which creates the Emergency Management Administration
580     Council, is repealed July 1, 2027.
581          (2) Sections 53-2a-1103 and 53-2a-1104, which create the Search and Rescue Advisory
582     Board, are repealed July 1, 2027.
583          (3) Section 53-5-703, which creates the Concealed Firearm Review Board, is repealed
584     July 1, 2023.
585          (4) Section 53B-6-105.5, which creates the Technology Initiative Advisory Board, is
586     repealed July 1, 2024.
587          (5) Section 53B-7-709, regarding five-year performance goals for the Utah System of
588     Higher Education is repealed July 1, 2027.
589          (6) Title 53B, Chapter 17, Part 11, USTAR Researchers, is repealed July 1, 2028.
590          (7) Section 53B-17-1203, which creates the SafeUT and School Safety Commission, is
591     repealed January 1, 2025.
592          (8) Title 53B, Chapter 18, Part 16, USTAR Researchers, is repealed July 1, 2028.
593          (9) Subsection 53C-3-203(4)(b)(vii), which provides for the distribution of money

594     from the Land Exchange Distribution Account to the Geological Survey for test wells and other
595     hydrologic studies in the West Desert, is repealed July 1, 2030.
596          (10) [Subsection] Subsections 53E-3-503(5) and (6), which create coordinating
597     councils for youth in custody, are repealed July 1, 2027.
598          (11) In relation to a standards review committee, on January 1, 2028:
599          (a) in Subsection 53E-4-202(8), the language "by a standards review committee and the
600     recommendations of a standards review committee established under Section 53E-4-203" is
601     repealed; and
602          (b) Section 53E-4-203 is repealed.
603          (12) Section 53E-4-402, which creates the State Instructional Materials Commission, is
604     repealed July 1, 2027.
605          (13) Title 53E, Chapter 6, Part 5, Utah Professional Practices Advisory Commission, is
606     repealed July 1, 2023.
607          (14) Section 53F-2-420, which creates the Intensive Services Special Education Pilot
608     Program, is repealed July 1, 2024.
609          (15) Section 53F-5-203 is repealed July 1, 2024.
610          (16) Section 53F-5-213 is repealed July 1, 2023.
611          (17) Section 53F-5-214, in relation to a grant for professional learning, is repealed July
612     1, 2025.
613          (18) Section 53F-5-215, in relation to an elementary teacher preparation grant, is
614     repealed July 1, 2025.
615          (19) Section 53F-5-219, which creates the Local [INnovations] Innovations Civics
616     Education Pilot Program, is repealed on July 1, 2025.
617          (20) Subsection 53F-9-203(7), which creates the Charter School Revolving Account
618     Committee, is repealed July 1, 2024.
619          (21) Subsections 53G-4-608(2)(b) and (4)(b), related to the Utah Seismic Safety
620     Commission, are repealed January 1, 2025.

621          [(22) Subsection 53G-8-211(5), regarding referrals of a minor to court for a class C
622     misdemeanor, is repealed July 1, 2027.]
623          [(23)] (22) Section 53G-9-212, Drinking water quality in schools, is repealed July 1,
624     2027.
625          [(24)] (23) Title 53G, Chapter 10, Part 6, Education Innovation Program, is repealed
626     July 1, 2027.
627          Section 13. Section 63M-7-208 is amended to read:
628          63M-7-208. Juvenile justice oversight -- Delegation -- Effective dates.
629          (1) The State Commission on Criminal and Juvenile Justice shall:
630          (a) support implementation and expansion of evidence-based juvenile justice programs
631     and practices, including assistance regarding implementation fidelity, quality assurance, and
632     ongoing evaluation;
633          (b) examine and make recommendations on the use of third-party entities or an
634     intermediary organization to assist with implementation and to support the performance-based
635     contracting system authorized in Subsection (1)(m);
636          (c) oversee the development of performance measures to track juvenile justice reforms,
637     and ensure early and ongoing stakeholder engagement in identifying the relevant performance
638     measures;
639          (d) evaluate currently collected data elements throughout the juvenile justice system
640     and contract reporting requirements to streamline reporting, reduce redundancies, eliminate
641     inefficiencies, and ensure a focus on recidivism reduction;
642          (e) review averted costs from reductions in out-of-home placements for juvenile justice
643     youth placed with the Division of Juvenile Justice Services and the Division of Child and
644     Family Services, and make recommendations to prioritize the reinvestment and realignment of
645     resources into community-based programs for youth living at home, including the following:
646          (i) statewide expansion of:
647          (A) juvenile receiving centers, as defined in Section 80-1-102;

648          (B) mobile crisis outreach teams, as defined in Section 62A-15-102;
649          (C) youth courts; and
650          (D) victim-offender mediation;
651          (ii) statewide implementation of nonresidential diagnostic assessment;
652          (iii) statewide availability of evidence-based programs and practices including
653     cognitive behavioral and family therapy programs for minors assessed by a validated risk and
654     needs assessment as moderate or high risk;
655          (iv) implementation and infrastructure to support the sustainability and fidelity of
656     evidence-based juvenile justice programs, including resources for staffing, transportation, and
657     flexible funds; and
658          (v) early intervention programs such as family strengthening programs, family
659     wraparound services, and proven truancy interventions;
660          (f) assist the Administrative Office of the Courts in the development of a statewide
661     sliding scale for the assessment of fines, fees, and restitution, based on the ability of the minor's
662     family to pay;
663          (g) analyze the alignment of resources and the roles and responsibilities of agencies,
664     such as the operation of early intervention services, receiving centers, and diversion, and make
665     recommendations to reallocate functions as appropriate, in accordance with Section 80-5-401;
666          (h) comply with the data collection and reporting requirements under Section
667     80-6-104;
668          [(h) ensure that data reporting is expanded and routinely review data in additional
669     areas, including:]
670          [(i) referral and disposition data by judicial district;]
671          [(ii) data on the length of time minors spend in the juvenile justice system, including
672     the total time spent under court jurisdiction, on community supervision, and in each
673     out-of-home placement;]
674          [(iii) recidivism data for minors who are diverted to a nonjudicial adjustment under

675     Section 80-6-304 and minors for whom dispositions are ordered under Section 80-6-701,
676     including tracking minors into the adult corrections system;]
677          [(iv) change in aggregate risk levels from the time minors receive services, are under
678     supervision, and are in out-of-home placement; and]
679          [(v) dosage of programming;]
680          (i) develop a reasonable timeline within which all programming delivered to minors in
681     the juvenile justice system must be evidence-based or consist of practices that are rated as
682     effective for reducing recidivism by a standardized program evaluation tool;
683          (j) provide guidelines to be considered by the Administrative Office of the Courts and
684     the Division of Juvenile Justice Services in developing tools considered by the Administrative
685     Office of the Courts and the Division of Juvenile Justice Services in developing or selecting
686     tools to be used for the evaluation of juvenile justice programs;
687          (k) develop a timeline to support improvements to juvenile justice programs to achieve
688     reductions in recidivism and review reports from relevant state agencies on progress toward
689     reaching that timeline;
690          (l) subject to Subsection (2), assist in the development of training for juvenile justice
691     stakeholders, including educators, law enforcement officers, probation staff, judges, Division
692     of Juvenile Justice Services staff, Division of Child and Family Services staff, and program
693     providers;
694          (m) subject to Subsection (3), assist in the development of a performance-based
695     contracting system, which shall be developed by the Administrative Office of the Courts and
696     the Division of Juvenile Justice Services for contracted services in the community and
697     contracted out-of-home placement providers;
698          (n) assist in the development of a validated detention risk assessment tool that [shall
699     be] is developed or adopted and validated by the Administrative Office of the Courts and the
700     Division of Juvenile Justice Services as provided in Section 80-5-203 [on and after July 1,
701     2018]; and

702          (o) annually issue and make public a report to the governor, president of the Senate,
703     speaker of the House of Representatives, and chief justice of the Utah Supreme Court on the
704     progress of the reforms and any additional areas in need of review.
705          (2) Training described in Subsection (1)(l) should include instruction on
706     evidence-based programs and principles of juvenile justice, such as risk, needs, responsivity,
707     and fidelity, and shall be supplemented by the following topics:
708          (a) adolescent development;
709          (b) identifying and using local behavioral health resources;
710          (c) cross-cultural awareness;
711          [(c) implicit bias;]
712          [(d) cultural competency;]
713          [(e)] (d) graduated responses;
714          [(f)] (e) Utah juvenile justice system data and outcomes; and
715          [(g)] (f) gangs.
716          (3) The system described in Subsection (1)(m) shall provide incentives for:
717          (a) the use of evidence-based juvenile justice programs and practices rated as effective
718     by the tools selected in accordance with Subsection (1)(j);
719          (b) the use of three-month timelines for program completion; and
720          (c) evidence-based programs and practices for minors living at home in rural areas.
721          (4) The State Commission on Criminal and Juvenile Justice may delegate the duties
722     imposed under this section to a subcommittee or board established by the State Commission on
723     Criminal and Juvenile Justice in accordance with Subsection 63M-7-204(2).
724          [(5) Subsections (1)(a) through (c) take effect August 1, 2017. The remainder of this
725     section takes effect July 1, 2018.]
726          Section 14. Section 63M-7-218 is amended to read:
727          63M-7-218. State grant requirements.
728          Beginning July 1, 2023, the commission may not award any grant of state funds to any

729     entity subject to, and not in compliance with, the reporting requirements in Subsections
730     63A-16-1002(5)(a) through [(o)] (p).
731          Section 15. Section 76-5-401.3 is amended to read:
732          76-5-401.3. Unlawful adolescent sexual activity -- Penalties -- Limitations.
733          (1) (a) As used in this section, "adolescent" means an individual in the transitional
734     phase of human physical and psychological growth and development between childhood and
735     adulthood who is 12 years old or older, but younger than 18 years old.
736          (b) Terms defined in Section 76-1-101.5 apply to this section.
737          (2) Under circumstances not amounting to an offense listed in Subsection (4), an actor
738     commits unlawful sexual activity if the actor:
739          (a) is an adolescent; and
740          (b) has sexual activity with another adolescent.
741          (3) A violation of Subsection (2) is a:
742          (a) third degree felony if an actor who is 17 years old engages in unlawful adolescent
743     sexual activity with an adolescent who is 12 or 13 years old;
744          (b) third degree felony if an actor who is 16 years old engages in unlawful adolescent
745     sexual activity with an adolescent who is 12 years old;
746          (c) class A misdemeanor if an actor who is 16 years old engages in unlawful adolescent
747     sexual activity with an adolescent who is 13 years old;
748          (d) class A misdemeanor if an actor who is 14 or 15 years old engages in unlawful
749     adolescent sexual activity with an adolescent who is 12 years old;
750          (e) class B misdemeanor if an actor who is 17 years old engages in unlawful adolescent
751     sexual activity with an adolescent who is 14 years old;
752          (f) class B misdemeanor if an actor who is 15 years old engages in unlawful adolescent
753     sexual activity with an adolescent who is 13 years old;
754          (g) class C misdemeanor if an actor who is 12 or 13 years old engages in unlawful
755     adolescent sexual activity with an adolescent who is 12 or 13 years old; and

756          (h) class C misdemeanor if an actor who is 14 years old engages in unlawful adolescent
757     sexual activity with an adolescent who is 13 years old.
758          (4) The offenses referred to in Subsection (2) are:
759          (a) rape, in violation of Section 76-5-402;
760          (b) rape of a child, in violation of Section 76-5-402.1;
761          (c) object rape, in violation of Section 76-5-402.2;
762          (d) object rape of a child, in violation of Section 76-5-402.3;
763          (e) forcible sodomy, in violation of Section 76-5-403;
764          (f) sodomy on a child, in violation of Section 76-5-403.1;
765          (g) sexual abuse of a child, in violation of Section 76-5-404;
766          (h) aggravated sexual assault, in violation of Section 76-5-405;
767          (i) incest, in violation of Section 76-7-102; or
768          (j) an attempt to commit any offense listed in Subsections (4)(a) through (4)(i).
769          (5) An offense under this section is not eligible for a nonjudicial adjustment under
770     Section [80-6-304] 80-6-303.5 or a referral to a youth court under Section 80-6-902.
771          (6) Except for an offense that is transferred to a district court by the juvenile court in
772     accordance with Section 80-6-504, the district court may enter any sentence or combination of
773     sentences that would have been available in juvenile court but for the delayed reporting or
774     delayed filing of the information in the district court.
775          (7) An offense under this section is not subject to registration under Subsection
776     77-41-102(17).
777          Section 16. Section 76-10-501 is amended to read:
778          76-10-501. Definitions.
779          As used in this part:
780          (1) (a) "Antique firearm" means:
781          (i) any firearm, including any firearm with a matchlock, flintlock, percussion cap, or
782     similar type of ignition system, manufactured in or before 1898; or

783          (ii) a firearm that is a replica of any firearm described in this Subsection (1)(a), if the
784     replica:
785          (A) is not designed or redesigned for using rimfire or conventional centerfire fixed
786     ammunition; or
787          (B) uses rimfire or centerfire fixed ammunition which is:
788          (I) no longer manufactured in the United States; and
789          (II) is not readily available in ordinary channels of commercial trade; or
790          (iii) (A) that is a muzzle loading rifle, shotgun, or pistol; and
791          (B) is designed to use black powder, or a black powder substitute, and cannot use fixed
792     ammunition.
793          (b) "Antique firearm" does not include:
794          (i) a weapon that incorporates a firearm frame or receiver;
795          (ii) a firearm that is converted into a muzzle loading weapon; or
796          (iii) a muzzle loading weapon that can be readily converted to fire fixed ammunition by
797     replacing the:
798          (A) barrel;
799          (B) bolt;
800          (C) breechblock; or
801          (D) any combination of Subsection (1)(b)(iii)(A), (B), or (C).
802          (2) "Bureau" means the Bureau of Criminal Identification created in Section 53-10-201
803     within the Department of Public Safety.
804          (3) (a) "Concealed firearm" means a firearm that is:
805          (i) covered, hidden, or secreted in a manner that the public would not be aware of its
806     presence; and
807          (ii) readily accessible for immediate use.
808          (b) A firearm that is unloaded and securely encased is not a concealed firearm for the
809     purposes of this part.

810          (4) "Criminal history background check" means a criminal background check
811     conducted by a licensed firearms dealer on every purchaser of a handgun, except a Federal
812     Firearms Licensee, through the bureau or the local law enforcement agency where the firearms
813     dealer conducts business.
814          (5) "Curio or relic firearm" means a firearm that:
815          (a) is of special interest to a collector because of a quality that is not associated with
816     firearms intended for:
817          (i) sporting use;
818          (ii) use as an offensive weapon; or
819          (iii) use as a defensive weapon;
820          (b) (i) was manufactured at least 50 years before the current date; and
821          (ii) is not a replica of a firearm described in Subsection (5)(b)(i);
822          (c) is certified by the curator of a municipal, state, or federal museum that exhibits
823     firearms to be a curio or relic of museum interest;
824          (d) derives a substantial part of its monetary value:
825          (i) from the fact that the firearm is:
826          (A) novel;
827          (B) rare; or
828          (C) bizarre; or
829          (ii) because of the firearm's association with an historical:
830          (A) figure;
831          (B) period; or
832          (C) event; and
833          (e) has been designated as a curio or relic firearm by the director of the United States
834     Treasury Department Bureau of Alcohol, Tobacco, and Firearms under 27 C.F.R. Sec. 478.11.
835          (6) (a) "Dangerous weapon" means:
836          (i) a firearm; or

837          (ii) an object that in the manner of its use or intended use is capable of causing death or
838     serious bodily injury.
839          (b) The following factors are used in determining whether any object, other than a
840     firearm, is a dangerous weapon:
841          (i) the location and circumstances in which the object was used or possessed;
842          (ii) the primary purpose for which the object was made;
843          (iii) the character of the wound, if any, produced by the object's unlawful use;
844          (iv) the manner in which the object was unlawfully used;
845          (v) whether the manner in which the object is used or possessed constitutes a potential
846     imminent threat to public safety; and
847          (vi) the lawful purposes for which the object may be used.
848          (c) "Dangerous weapon" does not include an explosive, chemical, or incendiary device
849     as defined by Section 76-10-306.
850          (7) "Dealer" means a person who is:
851          (a) licensed under 18 U.S.C. Sec. 923; and
852          (b) engaged in the business of selling, leasing, or otherwise transferring a handgun,
853     whether the person is a retail or wholesale dealer, pawnbroker, or otherwise.
854          (8) "Enter" means intrusion of the entire body.
855          (9) "Federal Firearms Licensee" means a person who:
856          (a) holds a valid Federal Firearms License issued under 18 U.S.C. Sec. 923; and
857          (b) is engaged in the activities authorized by the specific category of license held.
858          (10) (a) "Firearm" means a pistol, revolver, shotgun, short barreled shotgun, rifle or
859     short barreled rifle, or a device that could be used as a dangerous weapon from which is
860     expelled a projectile by action of an explosive.
861          (b) As used in Sections 76-10-526 and 76-10-527, "firearm" does not include an
862     antique firearm.
863          (11) "Firearms transaction record form" means a form created by the bureau to be

864     completed by a person purchasing, selling, or transferring a handgun from a dealer in the state.
865          (12) "Fully automatic weapon" means a firearm which fires, is designed to fire, or can
866     be readily restored to fire, automatically more than one shot without manual reloading by a
867     single function of the trigger.
868          (13) (a) "Handgun" means a pistol, revolver, or other firearm of any description, loaded
869     or unloaded, from which a shot, bullet, or other missile can be discharged, the length of which,
870     not including any revolving, detachable, or magazine breech, does not exceed 12 inches.
871          (b) As used in Sections 76-10-520, 76-10-521, and 76-10-522, "handgun" and "pistol
872     or revolver" do not include an antique firearm.
873          (14) "House of worship" means a church, temple, synagogue, mosque, or other
874     building set apart primarily for the purpose of worship in which religious services are held and
875     the main body of which is kept for that use and not put to any other use inconsistent with its
876     primary purpose.
877          (15) "Machinegun firearm attachment" means any part or combination of parts added
878     to a semiautomatic firearm that allows the firearm to fire as a fully automatic weapon.
879          [(15)] (16) "Prohibited area" means a place where it is unlawful to discharge a firearm.
880          [(16)] (17) "Readily accessible for immediate use" means that a firearm or other
881     dangerous weapon is carried on the person or within such close proximity and in such a manner
882     that it can be retrieved and used as readily as if carried on the person.
883          [(17)] (18) "Residence" means an improvement to real property used or occupied as a
884     primary or secondary residence.
885          [(18)] (19) "Securely encased" means not readily accessible for immediate use, such as
886     held in a gun rack, or in a closed case or container, whether or not locked, or in a trunk or other
887     storage area of a motor vehicle, not including a glove box or console box.
888          [(19)] (20) "Short barreled shotgun" or "short barreled rifle" means a shotgun having a
889     barrel or barrels of fewer than 18 inches in length, or in the case of a rifle, having a barrel or
890     barrels of fewer than 16 inches in length, or a dangerous weapon made from a rifle or shotgun

891     by alteration, modification, or otherwise, if the weapon as modified has an overall length of
892     fewer than 26 inches.
893          [(20)] (21) "Shotgun" means a smooth bore firearm designed to fire cartridges
894     containing pellets or a single slug.
895          [(21)] (22) "Shoulder arm" means a firearm that is designed to be fired while braced
896     against the shoulder.
897          [(22)] (23) "Slug" means a single projectile discharged from a shotgun shell.
898          [(23)] (24) "State entity" means a department, commission, board, council, agency,
899     institution, officer, corporation, fund, division, office, committee, authority, laboratory, library,
900     unit, bureau, panel, or other administrative unit of the state.
901          [(24)] (25) "Violent felony" means the same as that term is defined in Section
902     76-3-203.5.
903          Section 17. Section 76-10-509.4 is amended to read:
904          76-10-509.4. Prohibition of possession of certain weapons by minors.
905          (1) [A minor under 18 years of age] An individual who is under 18 years old may not
906     possess a handgun.
907          (2) Except as provided by federal law, [a minor under 18 years of age] an individual
908     who is under 18 years old may not possess the following:
909          (a) a short barreled rifle [or];
910          (b) a short barreled shotgun; [or]
911          [(b)] (c) a fully automatic weapon; or
912          (d) a machinegun firearm attachment.
913          (3) [Any person] An individual who violates Subsection (1) is guilty of:
914          (a) a class B misdemeanor upon the first offense; and
915          (b) a class A misdemeanor for each subsequent offense.
916          (4) [Any person] An individual who violates Subsection (2) is guilty of a third degree
917     felony.

918          Section 18. Section 78A-5-102.5 is amended to read:
919          78A-5-102.5. Jurisdiction of the district court over an offense committed by a
920     minor -- Exclusive jurisdiction of the district court -- Transfer to juvenile court.
921          (1) As used in this section:
922          (a) "Minor" means:
923          (i) an individual who is under 18 years old;
924          (ii) an individual who was under 18 years old at the time of the offense and is under 21
925     years old at the time of all court proceedings; or
926          (iii) an individual:
927          (A) who was 18 years old and enrolled in high school at the time of the offense;
928          (B) who is under 21 years old at the time of all court proceedings; and
929          (C) who committed the felony offense and any separate offense on school property
930     where the individual was enrolled when school was in session or during a school-sponsored
931     activity, as defined in [Subsection 53G-8-211(1)(k)] Section 53G-8-211.
932          (b) "Qualifying offense" means:
933          (i) an offense described in Section 80-6-502 or 80-6-503; or
934          (ii) a felony offense if the felony offense is committed:
935          (A) by an individual who was 18 years old at the time of the offense and enrolled in
936     high school; and
937          (B) on school property where the individual was enrolled when school was in session
938     or during a school-sponsored activity, as defined in [Subsection 53G-8-211(1)(k)] Section
939     53G-8-211.
940          (c) "Separate offense" means any offense that is not a qualifying offense.
941          (2) The district court has original jurisdiction over an offense of aggravated murder, as
942     described in Section 76-5-202, or murder, as described in Section 76-5-203, that is committed
943     by an individual who is 16 or 17 years old at the time of the offense.
944          (3) The district court has subject matter jurisdiction over any offense for which the

945     juvenile court has original jurisdiction if the juvenile court transfers jurisdiction over the
946     offense to the district court in accordance with Section 80-6-504.
947          (4) Notwithstanding Sections 78A-6-103, 78A-6-103.5, and 78A-7-106, the district
948     court has exclusive jurisdiction over any separate offense:
949          (a) committed by a minor; and
950          (b) arising from a single criminal episode containing a qualifying offense for which the
951     district court has original jurisdiction.
952          (5) Except as provided in Subsections (6) and (7), if the district court has jurisdiction
953     over a qualifying offense or a separate offense committed by a minor, the district court is not
954     divested of jurisdiction over the offense when the minor is allowed to enter a plea to, or is
955     found guilty of, a separate offense that is not the qualifying offense or separate offense listed in
956     the criminal information.
957          (6) If a minor is charged with a qualifying offense and the qualifying offense results in
958     an acquittal, a finding of not guilty, or a dismissal after a trial:
959          (a) the jurisdiction of the district court over any separate offense is terminated; and
960          (b) the district court shall transfer the separate offense to the juvenile court for
961     disposition in accordance with Title 80, Chapter 6, Part 7, Adjudication and Disposition.
962          (7) If a minor is charged with a qualifying offense and the qualifying offense results in
963     a dismissal before a trial:
964          (a) the jurisdiction of the district court over any separate offense is terminated; and
965          (b) the district court shall transfer the separate offense to the juvenile court for
966     adjudication and disposition in accordance with Title 80, Chapter 6, Part 7, Adjudication and
967     Disposition.
968          Section 19. Section 78A-6-103 is amended to read:
969          78A-6-103. Original jurisdiction of the juvenile court -- Magistrate functions --
970     Findings -- Transfer of a case from another court.
971          (1) Except as otherwise provided by Sections 78A-5-102.5 and 78A-7-106, the juvenile

972     court has original jurisdiction over:
973          (a) a felony, misdemeanor, infraction, or violation of an ordinance, under municipal,
974     state, or federal law, that was committed by a child;
975          (b) a felony, misdemeanor, infraction, or violation of an ordinance, under municipal,
976     state, or federal law, that was committed by an individual:
977          (i) who is under 21 years old at the time of all court proceedings; and
978          (ii) who was under 18 years old at the time the offense was committed; and
979          (c) a misdemeanor, infraction, or violation of an ordinance, under municipal or state
980     law, that was committed:
981          (i) by an individual:
982          (A) who was 18 years old and enrolled in high school at the time of the offense; and
983          (B) who is under 21 years old at the time of all court proceedings; and
984          (ii) on school property where the individual was enrolled:
985          (A) when school was in session; or
986          (B) during a school-sponsored activity, as defined in [Subsection 53G-8-211(1)(k)]
987     Section 53G-8-211.
988          (2) The juvenile court has original jurisdiction over any proceeding concerning:
989          (a) a child who is an abused child, neglected child, or dependent child;
990          (b) a protective order for a child in accordance with Title 78B, Chapter 7, Part 2, Child
991     Protective Orders;
992          (c) the appointment of a guardian of the individual or other guardian of a minor who
993     comes within the court's jurisdiction under other provisions of this section;
994          (d) the emancipation of a minor in accordance with Title 80, Chapter 7, Emancipation;
995          (e) the termination of parental rights in accordance with Title 80, Chapter 4,
996     Termination and Restoration of Parental Rights, including termination of residual parental
997     rights and duties;
998          (f) the treatment or commitment of a minor who has an intellectual disability;

999          (g) the judicial consent to the marriage of a minor who is 16 or 17 years old in
1000     accordance with Section 30-1-9;
1001          (h) an order for a parent or a guardian of a child under Subsection 80-6-705(3);
1002          (i) a minor under Title 80, Chapter 6, Part 11, Interstate Compact for Juveniles;
1003          (j) the treatment or commitment of a child with a mental illness;
1004          (k) the commitment of a child to a secure drug or alcohol facility in accordance with
1005     Section 62A-15-301;
1006          (l) a minor found not competent to proceed in accordance with Title 80, Chapter 6, Part
1007     4, Competency;
1008          (m) de novo review of final agency actions resulting from an informal adjudicative
1009     proceeding as provided in Section 63G-4-402;
1010          (n) adoptions conducted in accordance with the procedures described in Title 78B,
1011     Chapter 6, Part 1, Utah Adoption Act, if the juvenile court has previously entered an order
1012     terminating the rights of a parent and finds that adoption is in the best interest of the child;
1013          (o) an ungovernable or runaway child who is referred to the juvenile court by the
1014     Division of Juvenile Justice Services if, despite earnest and persistent efforts by the Division of
1015     Juvenile Justice Services, the child has demonstrated that the child:
1016          (i) is beyond the control of the child's parent, guardian, or custodian to the extent that
1017     the child's behavior or condition endangers the child's own welfare or the welfare of others; or
1018          (ii) has run away from home; and
1019          (p) a criminal information filed under Part 4a, Adult Criminal Proceedings, for an adult
1020     alleged to have committed an offense under Subsection 78A-6-352(4)(b) for failure to comply
1021     with a promise to appear and bring a child to the juvenile court.
1022          (3) It is not necessary for a minor to be adjudicated for an offense or violation of the
1023     law under Section 80-6-701, for the juvenile court to exercise jurisdiction under Subsection
1024     (2)(p).
1025          (4) This section does not restrict the right of access to the juvenile court by private

1026     agencies or other persons.
1027          (5) The juvenile court has jurisdiction of all magistrate functions relative to cases
1028     arising under Title 80, Chapter 6, Part 5, Transfer to District Court.
1029          (6) The juvenile court has jurisdiction to make a finding of substantiated,
1030     unsubstantiated, or without merit, in accordance with Section 80-3-404.
1031          (7) The juvenile court has jurisdiction over matters transferred to the juvenile court by
1032     another trial court in accordance with Subsection 78A-7-106(4) and Section 80-6-303.
1033          Section 20. Section 78A-6-210 is amended to read:
1034          78A-6-210. Fines -- Fees -- Deposit with state treasurer -- Restricted account.
1035          (1) There is created a restricted account in the General Fund known as the "Nonjudicial
1036     Adjustment Account."
1037          (2) (a) The account shall be funded from the financial penalty established under
1038     [Subsection 80-6-304(6)(a)] Section 80-6-304.
1039          (b) The court shall deposit all money collected as a result of penalties assessed as part
1040     of the nonjudicial adjustment of a case into the account.
1041          (c) The account shall be used to pay the expenses of juvenile compensatory service,
1042     victim restitution, and diversion programs.
1043          (3) (a) Except under Subsection (3)(b) or (4) and as otherwise provided by law, the
1044     juvenile court shall pay all fines, fees, penalties, and forfeitures imposed and collected by the
1045     juvenile court to the state treasurer for deposit into the General Fund.
1046          (b) No more than 50% of any fine or forfeiture collected may be paid to a state
1047     rehabilitative employment program for a minor adjudicated under Section 80-6-701 that
1048     provides for employment of the minor in the county of the minor's residence if:
1049          (i) reimbursement for the minor's labor is paid to the victim of the offense or wrongful
1050     act committed by the minor;
1051          (ii) the amount earned and paid is set by court order;
1052          (iii) the minor is not paid more than the hourly minimum wage; and

1053          (iv) no payments to victims are made without the minor's involvement in a
1054     rehabilitative work program.
1055          (c) Fines withheld under Subsection (3)(b) and any private contributions to the
1056     rehabilitative employment program are accounted for separately and are subject to audit at any
1057     time by the state auditor.
1058          (d) (i) Funds withheld under Subsection (3)(b) and private contributions are
1059     nonlapsing.
1060          (ii) The board shall establish policies for the use of the funds described in this
1061     Subsection (3)(d).
1062          (4) For fines and forfeitures collected by the court for a violation of Section
1063     41-6a-1302 in instances where evidence of the violation was obtained by an automated traffic
1064     enforcement safety device as described in Section 41-6a-1310, the court shall allocate 20% to
1065     the school district or private school that owns or contracts for the use of the bus, and the state
1066     treasurer shall allocate 80% to the General Fund.
1067          (5) A state or local public officer may not charge a fee for the service of process in any
1068     proceedings initiated by a public agency.
1069          Section 21. Section 80-6-103 is amended to read:
1070          80-6-103. Notification to a school -- Civil and criminal liability.
1071          (1) As used in this section:
1072          (a) "School" means a school in a local education agency.
1073          (b) "Local education agency" means a school district, a charter school, or the Utah
1074     Schools for the Deaf and the Blind.
1075          [(a)] (c) "School official" means:
1076          (i) the school superintendent of the district in which the minor resides or attends
1077     school; or
1078          (ii) if there is no school superintendent for the school, the principal of the school where
1079     the minor attends.

1080          [(b)] (d) "Transferee school official" means:
1081          (i) the school superintendent of the district in which the minor resides or attends school
1082     if the minor is admitted to home detention; or
1083          (ii) if there is no school superintendent for the school, the principal of the school where
1084     the minor attends if the minor is admitted to home detention.
1085          (2) A notification under this section is provided for a minor's supervision and student
1086     safety.
1087          (3) (a) [(i)] If a minor is taken into temporary custody under Section 80-6-201[, or
1088     admitted to a detention facility under Section 80-6-205,] for a violent felony[,] or an offense in
1089     violation of Title 76, Chapter 10, Part 5, Weapons, the peace officer, or other person who has
1090     taken the minor into temporary custody, shall notify a school official [as soon as practicable or
1091     as established under Subsection 53G-8-402(2)] within five days after the day on which the
1092     minor is taken into temporary custody.
1093          [(ii)] (b) A notification under this [section] Subsection (3) shall only disclose:
1094          [(A)] (i) the name of the minor;
1095          [(B)] (ii) the offense for which the minor was taken into temporary custody or admitted
1096     to detention; and
1097          [(C)] (iii) if available, the name of the victim if the victim resides in the same school
1098     district as the minor or attends the same school as the minor.
1099          [(b)] (4) After a detention hearing for a minor who is alleged to have committed a
1100     violent felony, or an offense in violation of Title 76, Chapter 10, Part 5, Weapons, the juvenile
1101     court shall order [that] a juvenile probation officer to notify a school official, or a transferee
1102     school official, and the appropriate local law enforcement agency [are notified] of the juvenile
1103     court's decision, including any disposition, order, or no-contact order.
1104          [(4)] (5) If a designated staff member of a detention facility admits a minor to home
1105     detention under Section 80-6-205 and notifies the juvenile court of that admission, the juvenile
1106     court shall order [that] a juvenile probation officer to notify a school official, or a transferee

1107     school official, and the appropriate local law enforcement agency [are notified] that the minor
1108     has been admitted to home detention.
1109          [(5)] (6) (a) If the juvenile court adjudicates a minor for an offense of violence or an
1110     offense in violation of Title 76, Chapter 10, Part 5, Weapons, the [court shall order that]
1111     juvenile court shall order a juvenile probation officer to notify a school official, or a transferee
1112     school official, [is notified] of the adjudication.
1113          (b) A notification under [Subsection (5)(a)] this Subsection (6) shall be given to a
1114     school official, or a transferee school official, within three days after the day on which the
1115     minor is adjudicated.
1116          (c) A notification under this section shall include:
1117          (i) the name of the minor;
1118          (ii) the offense for which the minor was adjudicated; and
1119          (iii) if available, the name of the victim if the victim:
1120          (A) resides in the same school district as the minor; or
1121          (B) attends the same school as the minor.
1122          [(6)] (7) If the juvenile court orders probation under Section 80-6-702, the juvenile
1123     court [may order that] shall order a juvenile probation officer to notify the appropriate local law
1124     enforcement agency and the school official [are notified] of the juvenile court's order for
1125     probation.
1126          [(7)] (8) (a) An employee of the local law enforcement agency, or the school the minor
1127     attends, who discloses a notification under this section is not:
1128          (i) civilly liable except when the disclosure constitutes fraud or willful misconduct as
1129     provided in Section 63G-7-202; and
1130          (ii) civilly or criminally liable except when the disclosure constitutes a knowing
1131     violation of Section 63G-2-801.
1132          (b) An employee of a governmental agency is immune from any criminal liability for
1133     failing to provide the information required by this section, unless the employee fails to act due

1134     to malice, gross negligence, or deliberate indifference to the consequences.
1135          [(8)] (9) (a) A notification under this section shall be classified as a protected record
1136     under Section 63G-2-305.
1137          (b) All other records of disclosures under this section are governed by Title 63G,
1138     Chapter 2, Government Records Access and Management Act, and the Family Educational
1139     Rights and Privacy Act, 20 U.S.C. Sec. 1232g.
1140          Section 22. Section 80-6-104 is enacted to read:
1141          80-6-104. Data collection on offenses committed by minors -- Reporting
1142     requirement.
1143          (1) As used in this section:
1144          (a) "Firearm" means the same as that term is defined in Section 76-10-501.
1145          (b) "Firearm-related offense" means a criminal offense involving a firearm.
1146          (c) "School is in session" means the same as that term is defined in Section 53E-3-516.
1147          (d) "School-sponsored activity" means the same as that term is defined in Section
1148     53E-3-516.
1149          (2) Before July 1 of each year, the Administrative Office of the Courts shall submit the
1150     following data to the State Commission on Criminal and Juvenile Justice, broken down by
1151     judicial district, for the preceding calendar year:
1152          (a) the number of referrals to the juvenile court;
1153          (b) the number of minors diverted to a nonjudicial adjustment;
1154          (c) the number of minors that satisfy the conditions of a nonjudicial adjustment;
1155          (d) the number of minors for whom a petition for an offense is filed in the juvenile
1156     court;
1157          (e) the number of minors for whom an information is filed in the juvenile court;
1158          (f) the number of minors bound over to the district court by the juvenile court;
1159          (g) the number of petitions for offenses committed by minors that were dismissed by
1160     the juvenile court;

1161          (h) the number of adjudications in the juvenile court for offenses committed by minors;
1162          (i) the number of guilty pleas entered into by minors in the juvenile court;
1163          (j) the number of dispositions resulting in secure care, community-based placement,
1164     formal probation, and intake probation; and
1165          (k) for each minor charged in the juvenile court with a firearm-related offense:
1166          (i) the minor's age at the time the offense was committed or allegedly committed;
1167          (ii) the minor's zip code at the time that the offense was referred to the juvenile court;
1168          (iii) whether the minor is a restricted person under Subsection 76-10-503(1)(a)(iv) or
1169     (1)(b)(ii);
1170          (iv) the type of offense for which the minor is charged;
1171          (v) the outcome of the minor's case in juvenile court, including whether the minor was
1172     bound over to the district court or adjudicated by the juvenile court; and
1173          (vi) if a disposition was entered by the juvenile court, whether the disposition resulted
1174     in secure care, community-based placement, formal probation, or intake probation.
1175          (3) The State Commission on Criminal and Juvenile Justice shall track the disposition
1176     of a case resulting from a firearm-related offense committed, or allegedly committed, by a
1177     minor when the minor is found in possession of a firearm while school is in session or during a
1178     school-sponsored activity.
1179          (4) In collaboration with the Administrative Office of the Courts, the division, and
1180     other agencies, the State Commission on Criminal and Juvenile Justice shall collect data for the
1181     preceding calendar year on:
1182          (a) the length of time that minors spend in the juvenile justice system, including the
1183     total amount of time minors spend under juvenile court jurisdiction, on community
1184     supervision, and in each out-of-home placement;
1185          (b) recidivism of minors who are diverted to a nonjudicial adjustment and minors for
1186     whom dispositions are ordered by the juvenile court, including tracking minors into the adult
1187     corrections system;

1188          (c) changes in aggregate risk levels from the time minors receive services, are under
1189     supervision, and are in out-of-home placement; and
1190          (d) dosages of programming.
1191          (5) On and before October 1 of each year, the State Commission on Criminal and
1192     Juvenile Justice shall prepare and submit a written report to the Judiciary Interim Committee
1193     and the Law Enforcement and Criminal Justice Interim Committee that includes:
1194          (a) data collected by the State Commission on Criminal and Juvenile Justice under this
1195     section;
1196          (b) data collected by the State Board of Education under Section 53E-3-516; and
1197          (c) recommendations for legislative action with respect to the data described in this
1198     Subsection (5).
1199          (6) Nothing in this section shall be construed to require the disclosure of information or
1200     data that is classified as controlled, private, or protected under Title 63G, Chapter 2,
1201     Government Records Access and Management Act.
1202          Section 23. Section 80-6-302 is amended to read:
1203          80-6-302. Citation -- Procedure -- Time limits -- Failure to appear.
1204          (1) A petition is not required to commence a proceeding against a minor for an
1205     adjudication of an alleged offense if a citation is issued for an offense for which the juvenile
1206     court has jurisdiction over and the offense listed in the citation is for:
1207          (a) a violation of a wildlife law;
1208          (b) a violation of a boating law;
1209          (c) a class B or C misdemeanor or an infraction other than a misdemeanor or
1210     infraction:
1211          (i) for a traffic violation; or
1212          (ii) designated as a citable offense by general order of the Board of Juvenile Court
1213     Judges;
1214          (d) a class B misdemeanor or infraction for a traffic violation where the individual is

1215     15 years old or younger at the time the offense was alleged to have occurred;
1216          (e) an infraction or misdemeanor designated as a citable offense by a general order of
1217     the Board of Juvenile Court Judges; or
1218          (f) a violation of Subsection 76-10-105(2).
1219          (2) Except as provided in Subsection (6) and Section 80-6-301, a citation for an offense
1220     listed in Subsection (1) shall be submitted to the juvenile court within five days of issuance to a
1221     minor.
1222          (3) A copy of the citation shall contain:
1223          (a) the name and address of the juvenile court before which the minor may be required
1224     to appear;
1225          (b) the name of the minor cited;
1226          (c) the statute or local ordinance that the minor is alleged to have violated;
1227          (d) a brief description of the offense charged;
1228          (e) the date, time, and location at which the offense is alleged to have occurred;
1229          (f) the date the citation was issued;
1230          (g) the name and badge or identification number of the peace officer or public official
1231     who issued the citation;
1232          (h) the name of the arresting person if an arrest was made by a private party and the
1233     citation was issued in lieu of taking the minor into temporary custody as provided in Section
1234     80-6-201;
1235          (i) a statement that the minor and the minor's parent or guardian are to appear when
1236     notified by the juvenile court; and
1237          (j) the signature of the minor and the minor's parent or guardian, if present, agreeing to
1238     appear at the juvenile court when notified by the court.
1239          (4) A copy of the citation shall contain space for the following information to be
1240     entered if known:
1241          (a) the minor's address;

1242          (b) the minor's date of birth;
1243          (c) the name and address of the child's custodial parent or guardian, if different from
1244     the child; and
1245          (d) if there is a victim, the victim's name, address, and an estimate of loss, except that
1246     this information shall be removed from the documents the minor receives.
1247          (5) A citation received by the juvenile court beyond the time designated in Subsection
1248     (2) shall include a written explanation for the delay.
1249          (6) [A minor offense, as defined in Section 80-6-901,] An offense alleged to have been
1250     committed by an enrolled child on school property, or related to school attendance, may only
1251     be referred to the prosecuting attorney or the juvenile court in accordance with Section
1252     53G-8-211.
1253          (7) If a juvenile court receives a citation described in Subsection (1), a juvenile
1254     probation officer shall make a preliminary inquiry as to whether the minor is eligible for a
1255     nonjudicial adjustment in accordance with Subsection [80-6-304(5)] 80-6-303.5(4).
1256          (8) (a) Except as provided in Subsection (8)(b), if a citation is issued to a minor, a
1257     prosecuting attorney may commence a proceeding against a minor, without filing a petition, for
1258     an adjudication of the offense in the citation only if:
1259          (i) the minor is not eligible for, or does not complete, a nonjudicial adjustment [in
1260     accordance with Section 80-6-304]; and
1261          (ii) the prosecuting attorney conducts an inquiry under Subsection (9).
1262          (b) Except as provided in Subsection 80-6-305(2), a prosecuting attorney may not
1263     commence a proceeding against an individual for any offense listed in a citation alleged to have
1264     occurred before the individual was 12 years old.
1265          (9) The prosecuting attorney shall conduct an inquiry to determine, upon reasonable
1266     belief, that:
1267          (a) the charge listed in the citation is supported by probable cause;
1268          (b) admissible evidence will be sufficient to support adjudication beyond a reasonable

1269     doubt; and
1270          (c) the decision to charge is in the interests of justice.
1271          (10) If a proceeding is commenced against a minor under Subsection (8)(a), the minor
1272     shall appear at the juvenile court at a date and time established by the juvenile court.
1273          (11) If a minor willfully fails to appear before the juvenile court for a proceeding under
1274     Subsection (8)(a), the juvenile court may:
1275          (a) find the minor in contempt of court; and
1276          (b) proceed against the minor as provided in Section 78A-6-353.
1277          (12) If a proceeding is commenced under this section, the minor may remit a fine
1278     without a personal appearance before the juvenile court with the consent of:
1279          (a) the juvenile court; and
1280          (b) if the minor is a child, the parent or guardian of the child cited.
1281          Section 24. Section 80-6-303 is amended to read:
1282          80-6-303. Criminal proceedings involving minors -- Transfer to juvenile court --
1283     Exception.
1284          (1) (a) If while a criminal or quasi-criminal proceeding is pending, a district court or
1285     justice court determines that an individual being charged is under 21 years old and was younger
1286     than 18 years old at the time of committing the alleged offense, the district court or justice
1287     court shall transfer the case to the juvenile court with all the papers, documents, and transcripts
1288     of any testimony.
1289          (b) (i) Notwithstanding Subsection (1)(a), a district court may not transfer an offense
1290     that is:
1291          (A) filed in the district court in accordance with Section 80-6-502; or
1292          (B) transferred to the district court in accordance with Section 80-6-504.
1293          (ii) Notwithstanding Subsection (1)(a), a justice court may decline to transfer an
1294     offense for which the justice court has original jurisdiction under Subsection 78A-7-106(2).
1295          (2) (a) Except as provided in Subsection (2)(b), the district court or justice court

1296     making the transfer shall:
1297          (i) order the individual to be taken immediately to the juvenile court or to a place of
1298     detention designated by the juvenile court; or
1299          (ii) release the individual to the custody of the individual's parent or guardian or other
1300     person legally responsible for the individual, to be brought before the juvenile court at a time
1301     designated by the juvenile court.
1302          (b) If the alleged offense under Subsection (1) occurred before the individual was 12
1303     years old:
1304          (i) the district court or justice court making the transfer shall release the individual to
1305     the custody of the individual's parent or guardian, or other person legally responsible for the
1306     individual;
1307          (ii) the juvenile court shall treat the transfer as a referral under Section 80-6-301; and
1308          (iii) a juvenile probation officer shall make a preliminary inquiry to determine whether
1309     the individual is eligible for a nonjudicial adjustment in accordance with Section [80-6-304]
1310     80-6-303.5.
1311          (c) If the case is transferred to the juvenile court under this section, the juvenile court
1312     shall then proceed in accordance with this chapter.
1313          (3) A district court or justice court does not have to transfer a case under Subsection
1314     (1) if the district court or justice court would have had jurisdiction over the case at the time the
1315     individual committed the offense in accordance with Sections 78A-5-102 and 78A-7-106.
1316          Section 25. Section 80-6-303.5 is enacted to read:
1317          80-6-303.5. Preliminary inquiry by juvenile probation officer -- Eligibility for
1318     nonjudicial adjustment.
1319          (1) If the juvenile court receives a referral for an offense committed by a minor that is,
1320     or appears to be, within the juvenile court's jurisdiction, a juvenile probation officer shall make
1321     a preliminary inquiry in accordance with this section to determine whether the minor is eligible
1322     to enter into a nonjudicial adjustment.

1323          (2) If a minor is referred to the juvenile court for multiple offenses arising from a
1324     single criminal episode, and the minor is eligible under this section for a nonjudicial
1325     adjustment, the juvenile probation officer shall offer the minor one nonjudicial adjustment for
1326     all offenses arising from the single criminal episode.
1327          (3) (a) The juvenile probation officer may:
1328          (i) conduct a validated risk and needs assessment; and
1329          (ii) request that a prosecuting attorney review a referral in accordance with Section
1330     80-6-304.5 if:
1331          (A) the results of the validated risk and needs assessment indicate the minor is high
1332     risk; or
1333          (B) the results of the validated risk and needs assessment indicate the minor is
1334     moderate risk and the referral is for a class A misdemeanor violation under Title 76, Chapter 5,
1335     Offenses Against the Individual, or Title 76, Chapter 9, Part 7, Miscellaneous Provisions.
1336          (b) If the referral involves an offense that is a violation of Section 41-6a-502, the minor
1337     shall:
1338          (i) undergo a drug and alcohol screening;
1339          (ii) if found appropriate by the screening, participate in an assessment; and
1340          (iii) if warranted by the screening and assessment, follow the recommendations of the
1341     assessment.
1342          (4) Except for an offense that is not eligible under Subsection (8), the juvenile
1343     probation officer shall offer a nonjudicial adjustment to a minor if:
1344          (a) the minor:
1345          (i) is referred for an offense that is a misdemeanor, infraction, or status offense;
1346          (ii) has no more than two prior adjudications; and
1347          (iii) has no more than two prior unsuccessful nonjudicial adjustment attempts; or
1348          (b) the minor is referred for an offense that is alleged to have occurred before the minor
1349     was 12 years old.

1350          (5) For purposes of determining a minor's eligibility for a nonjudicial adjustment under
1351     Subsection (4), the juvenile probation officer shall treat all offenses arising out of a single
1352     criminal episode that resulted in a nonjudicial adjustment as one prior nonjudicial adjustment.
1353          (6) For purposes of determining a minor's eligibility for a nonjudicial adjustment under
1354     Subsection (4), the juvenile probation officer shall treat all offenses arising out of a single
1355     criminal episode that resulted in one or more prior adjudications as a single adjudication.
1356          (7) Except for a referral that involves an offense described in Subsection (8), the
1357     juvenile probation officer may offer a nonjudicial adjustment to a minor who does not meet the
1358     criteria described in Subsection (4)(a).
1359          (8) The juvenile probation officer may not offer a minor a nonjudicial adjustment if the
1360     referral involves:
1361          (a) an offense alleged to have occurred when the minor was 12 years old or older that
1362     is:
1363          (i) a felony offense; or
1364          (ii) a misdemeanor violation of:
1365          (A) Section 41-6a-502, driving under the influence;
1366          (B) Section 76-5-107, threat of violence;
1367          (C) Section 76-5-107.1, threats against schools;
1368          (D) Section 76-5-112, reckless endangerment creating a substantial risk of death or
1369     serious bodily injury;
1370          (E) Section 76-5-206, negligent homicide;
1371          (F) Section 76-9-702.1, sexual battery;
1372          (G) Section 76-10-505.5, possession of a dangerous weapon, firearm, or short barreled
1373     shotgun on or about school premises;
1374          (H) Section 76-10-506, threatening with or using a dangerous weapon in fight or
1375     quarrel;
1376          (I) Section 76-10-507, possession of a deadly weapon with criminal intent;

1377          (J) Section 76-10-509, possession of a dangerous weapon by a minor; or
1378          (K) Section 76-10-509.4, prohibition of possession of certain weapons by minors; or
1379          (b) an offense alleged to have occurred before the minor is 12 years old that is a felony
1380     violation of:
1381          (i) Section 76-5-103, aggravated assault resulting in serious bodily injury to another;
1382          (ii) Section 76-5-202, aggravated murder or attempted aggravated murder;
1383          (iii) Section 76-5-203, murder or attempted murder;
1384          (iv) Section 76-5-302, aggravated kidnapping;
1385          (v) Section 76-5-405, aggravated sexual assault;
1386          (vi) Section 76-6-103, aggravated arson;
1387          (vii) Section 76-6-203, aggravated burglary;
1388          (viii) Section 76-6-302, aggravated robbery; or
1389          (ix) Section 76-10-508.1, felony discharge of a firearm.
1390          (9) The juvenile probation officer shall request that a prosecuting attorney review a
1391     referral if:
1392          (a) the referral involves an offense described in Subsection (8); or
1393          (b) the minor has a current suspended order for custody under Section 80-6-711.
1394          Section 26. Section 80-6-304 is amended to read:
1395          80-6-304. Nonjudicial adjustments.
1396          [(1) If the juvenile court receives a referral for an offense committed by a minor that is,
1397     or appears to be, within the juvenile court's jurisdiction, a juvenile probation officer shall make
1398     a preliminary inquiry in accordance with Subsections (3), (4), and (5) to determine whether the
1399     minor is eligible to enter into a nonjudicial adjustment.]
1400          [(2) If a minor is referred to the juvenile court for multiple offenses arising from a
1401     single criminal episode, and the minor is eligible under this section for a nonjudicial
1402     adjustment, the juvenile probation officer shall offer the minor one nonjudicial adjustment for
1403     all offenses arising from the single criminal episode.]

1404          [(3) (a) The juvenile probation officer may:]
1405          [(i) conduct a validated risk and needs assessment; and]
1406          [(ii) request that a prosecuting attorney review a referral in accordance with Subsection
1407     (9) if:]
1408          [(A) the results of the validated risk and needs assessment indicate the minor is high
1409     risk; or]
1410          [(B) the results of the validated risk and needs assessment indicate the minor is
1411     moderate risk and the referral is for a class A misdemeanor violation under Title 76, Chapter 5,
1412     Offenses Against the Individual, or Title 76, Chapter 9, Part 7, Miscellaneous Provisions.]
1413          [(b) If a minor violates Section 41-6a-502, the minor shall:]
1414          [(i) undergo a drug and alcohol screening;]
1415          [(ii) if found appropriate by the screening, participate in an assessment; and]
1416          [(iii) if warranted by the screening and assessment, follow the recommendations of the
1417     assessment.]
1418          [(4) Except as provided in Subsection (5)(b), the juvenile probation officer shall
1419     request that a prosecuting attorney review a referral in accordance with Subsection (9) if:]
1420          [(a) the referral involves:]
1421          [(i) a felony offense; or]
1422          [(ii) a violation of:]
1423          [(A) Section 41-6a-502, driving under the influence;]
1424          [(B) Section 76-5-112, reckless endangerment creating a substantial risk of death or
1425     serious bodily injury;]
1426          [(C) Section 76-5-206, negligent homicide;]
1427          [(D) Section 76-9-702.1, sexual battery;]
1428          [(E) Section 76-10-505.5, possession of a dangerous weapon, firearm, or short barreled
1429     shotgun on or about school premises; or]
1430          [(F) Section 76-10-509, possession of a dangerous weapon by minor, but only if the

1431     dangerous weapon is a firearm;]
1432          [(b) the minor has a current suspended order for custody under Section 80-6-711; or]
1433          [(c) the referral involves an offense alleged to have occurred before an individual was
1434     12 years old and the offense is a felony violation of:]
1435          [(i) Section 76-5-103, aggravated assault resulting in serious bodily injury to another;]
1436          [(ii) Section 76-5-202, aggravated murder or attempted aggravated murder;]
1437          [(iii) Section 76-5-203, murder or attempted murder;]
1438          [(iv) Section 76-5-302, aggravated kidnapping;]
1439          [(v) Section 76-5-405, aggravated sexual assault;]
1440          [(vi) Section 76-6-103, aggravated arson;]
1441          [(vii) Section 76-6-203, aggravated burglary;]
1442          [(viii) Section 76-6-302, aggravated robbery; or]
1443          [(ix) Section 76-10-508.1, felony discharge of a firearm.]
1444          [(5) (a) Except as provided in Subsections (3) and (4), the juvenile probation officer
1445     shall offer a nonjudicial adjustment to a minor if the minor:]
1446          [(i) is referred for an offense that is a misdemeanor, infraction, or status offense;]
1447          [(ii) has no more than two prior adjudications; and]
1448          [(iii) has no more than three prior unsuccessful nonjudicial adjustment attempts.]
1449          [(b) If the juvenile court receives a referral for an offense that is alleged to have
1450     occurred before an individual was 12 years old, the juvenile probation officer shall offer a
1451     nonjudicial adjustment to the individual, unless the referral includes an offense described in
1452     Subsection (4)(c).]
1453          [(c) (i) For purposes of determining a minor's eligibility for a nonjudicial adjustment
1454     under this Subsection (5), the juvenile probation officer shall treat all offenses arising out of a
1455     single criminal episode that resulted in a nonjudicial adjustment as one prior nonjudicial
1456     adjustment.]
1457          [(ii) For purposes of determining a minor's eligibility for a nonjudicial adjustment

1458     under this Subsection (5), the juvenile probation officer shall treat all offenses arising out of a
1459     single criminal episode that resulted in one or more prior adjudications as a single
1460     adjudication.]
1461          [(d) Except as provided in Subsection (4), the juvenile probation officer may offer a
1462     nonjudicial adjustment to a minor who does not meet the criteria provided in Subsection
1463     (5)(a).]
1464          [(6)] (1) For a nonjudicial adjustment, the juvenile probation officer may require a
1465     minor to:
1466          (a) pay a financial penalty of no more than $250 to the juvenile court, subject to the
1467     terms established under Subsection [(8)(c)] (4);
1468          (b) pay restitution to any victim;
1469          (c) complete community or compensatory service;
1470          (d) attend counseling or treatment with an appropriate provider;
1471          (e) attend substance abuse treatment or counseling;
1472          (f) comply with specified restrictions on activities or associations;
1473          (g) attend victim-offender mediation if requested by the victim; and
1474          (h) comply with any other reasonable action that is in the interest of the minor, the
1475     community, or the victim.
1476          [(7)] (2) (a) Within seven days of receiving a referral that appears to be eligible for a
1477     nonjudicial adjustment in accordance with [Subsection (5)] Section 80-6-303.5, the juvenile
1478     probation officer shall provide an initial notice to reasonably identifiable and locatable victims
1479     of the offense contained in the referral.
1480          (b) The victim shall be responsible to provide to the juvenile probation officer upon
1481     request:
1482          (i) invoices, bills, receipts, and any other evidence of injury, loss of earnings, and
1483     out-of-pocket loss;
1484          (ii) documentation and evidence of compensation or reimbursement from an insurance

1485     company or an agency of the state, any other state, or the federal government received as a
1486     direct result of the crime for injury, loss of earnings, or out-of-pocket loss; and
1487          (iii) proof of identification, including home and work address and telephone numbers.
1488          (c) The inability, failure, or refusal of the victim to provide all or part of the requested
1489     information shall result in the juvenile probation officer determining restitution based on the
1490     best information available.
1491          [(8) (a)] (3) The juvenile probation officer may not predicate acceptance of an offer of
1492     a nonjudicial adjustment on an admission of guilt.
1493          [(b)] (4) (a) The juvenile probation officer may not deny a minor an offer of a
1494     nonjudicial adjustment due to a minor's inability to pay a financial penalty under Subsection
1495     [(6).] (1).
1496          [(c)] (b) The juvenile probation officer shall base a fee, fine, or the restitution for a
1497     nonjudicial adjustment under Subsection [(6)] (1) upon the ability of the minor's family to pay
1498     as determined by a statewide sliding scale developed in accordance with Section 63M-7-208.
1499          [(d)] (5) (a) A nonjudicial adjustment may not extend for more than 90 days, unless a
1500     juvenile court judge extends the nonjudicial adjustment for an additional 90 days.
1501          [(e) (i)] (b) [Notwithstanding Subsection (8)(d), a] A juvenile court judge may extend a
1502     nonjudicial adjustment beyond the 180 days permitted under Subsection [(8)(d)] (5)(a):
1503          (i) for a minor who is:
1504          (A) offered a nonjudicial adjustment [under Subsection (5)(b)] for a sexual offense
1505     under Title 76, Chapter 5, Part 4, Sexual Offenses, [or is] that the minor committed before the
1506     minor was 12 years old; or
1507          (B) referred [under Subsection (9)(b)(ii)] to a prosecuting attorney for a sexual offense
1508     under Title 76, Chapter 5, Part 4, Sexual Offenses, that the minor committed before the minor
1509     was 12 years old[, if]; and
1510          (ii) the judge determines that:
1511          (A) the nonjudicial adjustment requires specific treatment for the sexual offense;

1512          (B) the treatment cannot be completed within 180 days after the day on which the
1513     minor entered into the nonjudicial adjustment; and
1514          (C) the treatment is necessary based on a clinical assessment that is developmentally
1515     appropriate for the minor.
1516          [(ii)] (c) If a juvenile court judge extends a minor's nonjudicial adjustment under
1517     Subsection [(8)(e)(i)] (5)(b), the judge may extend the nonjudicial adjustment until the minor
1518     completes the [treatment under this Subsection (8)(e)] specific treatment, but the judge may
1519     only grant each extension for 90 days at a time.
1520          [(f)] (6) If a minor violates Section 76-10-105, the minor may be required to pay a fine
1521     or penalty and participate in a court-approved tobacco education program with a participation
1522     fee.
1523          [(9) If a prosecuting attorney is requested to review a referral in accordance with
1524     Subsection (3) or (4), a minor fails to substantially comply with a condition agreed upon as part
1525     of the nonjudicial adjustment, or a minor is not offered or declines a nonjudicial adjustment in
1526     accordance with Subsection (5), the prosecuting attorney shall:]
1527          [(a) review the case; and]
1528          [(b) (i) dismiss the case;]
1529          [(ii) refer the case back to the juvenile probation officer for a new attempt at
1530     nonjudicial adjustment; or]
1531          [(iii) except as provided in Subsections (10)(b), (11), and 80-6-305(2), file a petition
1532     with the juvenile court.]
1533          [(10) (a) A prosecuting attorney may file a petition only upon reasonable belief that:]
1534          [(i) the charges are supported by probable cause;]
1535          [(ii) admissible evidence will be sufficient to support adjudication beyond a reasonable
1536     doubt; and]
1537          [(iii) the decision to charge is in the interests of justice.]
1538          [(b) Failure to pay a fine or fee may not serve as a basis for filing of a petition under

1539     Subsection (9)(b)(iii) if the minor has substantially complied with the other conditions agreed
1540     upon in accordance with Subsection (6) or conditions imposed through any other court
1541     diversion program.]
1542          [(11) A prosecuting attorney may not file a petition against a minor unless:]
1543          [(a) the prosecuting attorney has statutory authority to file the petition under Section
1544     80-6-305; and]
1545          [(b) (i) the minor does not qualify for a nonjudicial adjustment under Subsection (5);]
1546          [(ii) the minor declines a nonjudicial adjustment;]
1547          [(iii) the minor fails to substantially comply with the conditions agreed upon as part of
1548     the nonjudicial adjustment;]
1549          [(iv) the minor fails to respond to the juvenile probation officer's inquiry regarding
1550     eligibility for or an offer of a nonjudicial adjustment after being provided with notice for
1551     preliminary inquiry; or]
1552          [(v) the prosecuting attorney is acting under Subsection (9).]
1553          [(12) If the prosecuting attorney files a petition in a juvenile court, or a proceeding is
1554     commenced against a minor under Section 80-6-302, the juvenile court may refer the case to
1555     the juvenile probation officer for another offer of nonjudicial adjustment.]
1556          Section 27. Section 80-6-304.5 is enacted to read:
1557          80-6-304.5. Prosecutorial review of referral to juvenile court -- Filing a petition.
1558          (1) A prosecuting attorney shall review a referral to the juvenile court for an offense
1559     committed by a minor if:
1560          (a) the prosecuting attorney is requested to review the referral under Section
1561     80-6-303.5;
1562          (b) the minor fails to substantially comply with a condition agreed upon as part of the
1563     nonjudicial adjustment; or
1564          (c) the minor is not offered or declines a nonjudicial adjustment.
1565          (2) Upon review of a referral under Subsection (1), the prosecuting attorney shall:

1566          (a) dismiss the referral;
1567          (b) send the referral back to the juvenile probation officer for a new attempt at a
1568     nonjudicial adjustment if the minor's case is eligible for a nonjudicial adjustment under Section
1569     80-6-303.5; or
1570          (c) except as provided in Subsection (5), file a petition with the juvenile court.
1571          (3) A prosecuting attorney may only file a petition under Subsection (2)(c) upon
1572     reasonable belief that:
1573          (a) the charges are supported by probable cause;
1574          (b) admissible evidence will be sufficient to support adjudication beyond a reasonable
1575     doubt; and
1576          (c) the decision to charge is in the interests of justice.
1577          (4) If a minor has substantially complied with the other conditions of a nonjudicial
1578     adjustment or conditions imposed through any other court diversion program, the minor's
1579     failure to pay a fine or fee as a condition of the nonjudicial adjustment or program may not
1580     serve as a basis for filing of a petition.
1581          (5) A prosecuting attorney may not file a petition against a minor unless:
1582          (a) the prosecuting attorney has statutory authority to file the petition under Section
1583     80-6-305; and
1584          (b) (i) the minor is not eligible for a nonjudicial adjustment under Section 80-6-303.5;
1585          (ii) the minor declines a nonjudicial adjustment;
1586          (iii) the minor fails to substantially comply with the conditions agreed upon as part of
1587     the nonjudicial adjustment; or
1588          (iv) the minor fails to respond to the juvenile probation officer's inquiry regarding
1589     eligibility for or an offer of a nonjudicial adjustment after being provided with notice for
1590     preliminary inquiry.
1591          (6) If the prosecuting attorney files a petition in a juvenile court, or a proceeding is
1592     commenced against a minor under Section 80-6-302, the juvenile court may refer the case to

1593     the juvenile probation officer for another offer of nonjudicial adjustment if the minor is eligible
1594     for a nonjudicial adjustment under Section 80-6-303.5.
1595          Section 28. Section 80-6-305 is amended to read:
1596          80-6-305. Petition for a delinquency proceeding -- Amending a petition --
1597     Continuance.
1598          (1) A prosecuting attorney shall file a petition, in accordance with Utah Rules of
1599     Juvenile Procedure, Rule 17, to commence a proceeding against a minor for an adjudication of
1600     an alleged offense, except as provided in:
1601          (a) Subsection (2);
1602          (b) Section 80-6-302;
1603          (c) Section 80-6-502; and
1604          (d) Section 80-6-503.
1605          (2) A prosecuting attorney may not file a petition under Subsection (1) against an
1606     individual for an offense alleged to have occurred before the individual was 12 years old,
1607     unless:
1608          (a) the individual is alleged to have committed a felony violation of:
1609          (i) Section 76-5-103, aggravated assault resulting in serious bodily injury to another;
1610          (ii) Section 76-5-202, aggravated murder or attempted aggravated murder;
1611          (iii) Section 76-5-203, murder or attempted murder;
1612          (iv) Section 76-5-302, aggravated kidnapping;
1613          (v) Section 76-5-405, aggravated sexual assault;
1614          (vi) Section 76-6-103, aggravated arson;
1615          (vii) Section 76-6-203, aggravated burglary;
1616          (viii) Section 76-6-302, aggravated robbery; or
1617          (ix) Section 76-10-508.1, felony discharge of a firearm; or
1618          (b) an offer for a nonjudicial adjustment is made under Section [80-6-304] 80-6-303.5
1619     and the minor:

1620          (i) declines to accept the offer for the nonjudicial adjustment; or
1621          (ii) fails to substantially comply with the conditions agreed upon as part of the
1622     nonjudicial adjustment.
1623          (3) A juvenile court may dismiss a petition under this section at any stage of the
1624     proceedings.
1625          (4) (a) When evidence is presented during any proceeding in a minor's case that points
1626     to material facts not alleged in the petition, the juvenile court may consider the additional or
1627     different material facts raised by the evidence if the parties consent.
1628          (b) The juvenile court, on a motion from any interested party or on the court's own
1629     motion, shall direct that the petition be amended to conform to the evidence.
1630          (c) If an amended petition under Subsection (4)(b) results in a substantial departure
1631     from the material facts originally alleged, the juvenile court shall grant a continuance as justice
1632     may require in accordance with Utah Rules of Juvenile Procedure, Rule 54.