Senator Todd D. Weiler proposes the following substitute bill:


1     
SEX OFFENDER RESTRICTED AREA AMENDMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: A. Cory Maloy

5     
Senate Sponsor: Jacob L. Anderegg

6     

7     LONG TITLE
8     General Description:
9          This bill amends the restrictions placed on an offender who is on the sex and kidnap
10     offender registry.
11     Highlighted Provisions:
12          This bill:
13          ▸     restricts an offender on the sex and kidnap offender registry from entering a
14     homeowners' association, condominium project, or apartment complex swimming
15     pool, park, or playground; and
16          ▸     makes technical changes.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          This bill provides a special effective date.
21     Utah Code Sections Affected:
22     AMENDS:
23          77-27-21.7, as last amended by Laws of Utah 2020, Chapter 206
24     

25     Be it enacted by the Legislature of the state of Utah:
26          Section 1. Section 77-27-21.7 is amended to read:
27          77-27-21.7. Sex offender restrictions.
28          (1) As used in this section:
29          (a) "Condominium project" means the same as that term is defined in Section 57-8-3.
30          (b) "Minor" means an individual who is less than 18 years old[;].
31          [(b)] (c) (i) "Protected area" means the premises occupied by:
32          (A) [any] a licensed day care or preschool facility;
33          (B) a public swimming pool [that is open to the public] or a swimming pool
34     maintained, operated, or owned by a homeowners' association, condominium project, or
35     apartment complex;
36          (C) a public or private primary or secondary school that is not on the grounds of a
37     correctional facility;
38          (D) a community park that is open to the public or a park maintained, operated, or
39     owned by a homeowners' association, condominium project, or apartment complex;
40          (E) a [playground that is open to the public] public playground or a playground
41     maintained, operated, or owned by a homeowners' association, condominium project, or
42     apartment complex, including those areas designed to provide [children] minors with space,
43     recreational equipment, or other amenities intended to allow [children] minors to engage in
44     physical activity; and
45          (F) except as provided in Subsection [(1)(b)(ii),] (1)(c)(ii), an area that is 1,000 feet or
46     less from the residence of a victim of the sex offender if the sex offender is subject to a victim
47     requested restriction.
48          (ii) "Protected area" does not include:
49          (A) the area described in Subsection [(1)(b)(i)(F) if:] (1)(c)(i)(F) if
50          [(A)] the victim is a member of the immediate family of the sex offender[;] and
51          [(B)] the terms of the sex offender's agreement of probation or parole allow the sex
52     offender to reside in the same residence as the victim;
53          (B) a park, playground, or swimming pool located on the property of a residential
54     home;
55          (C) a park or swimming pool that prohibits minors at all times from using the park or
56     swimming pool; or
57          (D) a park or swimming pool maintained, operated, or owned by a homeowners'
58     association, condominium project, or apartment complex established for residents 55 years old
59     or older if no minors are present at the park or swimming pool at the time the sex offender is
60     present at the park or swimming pool.
61          [(c)] (d) "Sex offender" means an adult or juvenile who is required to register in
62     accordance with Title 77, Chapter 41, Sex and Kidnap Offender Registry, due to a conviction
63     for [any] an offense that is committed against a person younger than 18 years old.
64          (2) For purposes of Subsection [(1)(b)(i)(F)] (1)(c)(i)(F), a sex offender is subject to a
65     victim requested restriction if:
66          (a) the sex offender is on probation or parole for an offense that requires the offender to
67     register in accordance with Title 77, Chapter 41, Sex and Kidnap Offender Registry;
68          (b) the victim or the victim's parent or guardian advises the Department of Corrections
69     that the victim elects to restrict the sex offender from the area and authorizes the Department of
70     Corrections to advise the sex offender of the area where the victim resides; and
71          (c) the Department of Corrections notifies the sex offender in writing that the sex
72     offender is prohibited from being in the area described in Subsection [(1)(b)(i)(F)] (1)(c)(i)(F)
73     and provides a description of the location of the protected area to the sex offender.
74          (3) A sex offender may not:
75          (a) be in a protected area except:
76          (i) when the sex offender must be in a protected area to perform the sex offender's
77     parental responsibilities;
78          (ii) (A) when the protected area is a public or private primary or secondary school; and
79          (B) the school is open and being used for a public activity other than a school-related
80     function that involves a minor; or
81          (iii) (A) if the protected area is a licensed day care or preschool facility located within a
82     building that is open to the public for purposes other than the operation of the day care or
83     preschool facility; and
84          (B) the sex offender does not enter a part of the building that is occupied by the day
85     care or preschool facility; or
86          (b) serve as an athletic coach, manager, or trainer for [any] a sports team of which a
87     minor who is less than 18 years old is a member.
88          (4) A sex offender who violates this section is guilty of a class A misdemeanor.
89          Section 2. Effective date.
90          If approved by two-thirds of all the members elected to each house, this bill takes effect
91     upon approval by the governor, or the day following the constitutional time limit of Utah
92     Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
93     the date of veto override.