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9 LONG TITLE
10 General Description:
11 This bill addresses the administration of the Sex and Kidnap Offender Registry and the
12 Child Abuse Offender Registry.
13 Highlighted Provisions:
14 This bill:
15 ▸ moves the administration of the Sex and Kidnap Registry and the Child Abuse
16 Offender Registry from the Department of Corrections to the Department of Public
17 Safety.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 77-41-102, as last amended by Laws of Utah 2022, Chapters 185, 430
25 77-41-103, as last amended by Laws of Utah 2018, Chapter 281
26 77-41-111, as enacted by Laws of Utah 2012, Chapter 145
27 77-43-102, as last amended by Laws of Utah 2022, Chapter 430
28 77-43-109, as enacted by Laws of Utah 2017, Chapter 282
29
30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 77-41-102 is amended to read:
32 77-41-102. Definitions.
33 As used in this chapter:
34 (1) "Bureau" means the Bureau of Criminal Identification of the Department of Public
35 Safety established in section 53-10-201.
36 (2) "Business day" means a day on which state offices are open for regular business.
37 (3) "Certificate of eligibility" means a document issued by the Bureau of Criminal
38 Identification showing that the offender has met the requirements of Section 77-41-112.
39 (4) "Department" means the Department of [
40 (5) "Division" means the Division of Juvenile Justice Services.
41 (6) "Employed" or "carries on a vocation" includes employment that is full time or part
42 time, whether financially compensated, volunteered, or for the purpose of government or
43 educational benefit.
44 (7) "Indian Country" means:
45 (a) all land within the limits of any Indian reservation under the jurisdiction of the
46 United States government, regardless of the issuance of any patent, and includes rights-of-way
47 running through the reservation;
48 (b) all dependent Indian communities within the borders of the United States whether
49 within the original or subsequently acquired territory, and whether or not within the limits of a
50 state; and
51 (c) all Indian allotments, including the Indian allotments to which the Indian titles have
52 not been extinguished, including rights-of-way running through the allotments.
53 (8) "Jurisdiction" means any state, Indian Country, United States Territory, or any
54 property under the jurisdiction of the United States military, Canada, the United Kingdom,
55 Australia, or New Zealand.
56 (9) "Kidnap offender" means any individual, other than a natural parent of the victim:
57 (a) who has been convicted in this state of a violation of:
58 (i) Subsection 76-5-301(2)(c) or (d), kidnapping;
59 (ii) Section 76-5-301.1, child kidnapping;
60 (iii) Section 76-5-302, aggravated kidnapping;
61 (iv) Section 76-5-308, human trafficking for labor;
62 (v) Section 76-5-308.3, human smuggling;
63 (vi) Section 76-5-308, human smuggling, when the individual smuggled is under 18
64 years old;
65 (vii) Section 76-5-308.5, human trafficking of a child for labor;
66 (viii) Section 76-5-310, aggravated human trafficking;
67 (ix) Section 76-5-310.1, aggravated human smuggling;
68 (x) Section 76-5-311, human trafficking of a vulnerable adult for labor; or
69 (xi) attempting, soliciting, or conspiring to commit any felony offense listed in
70 Subsections (9)(a)(i) through (iii);
71 (b) (i) who has been convicted of any crime, or an attempt, solicitation, or conspiracy
72 to commit a crime in another jurisdiction, including any state, federal, or military court that is
73 substantially equivalent to the offenses listed in Subsection (9)(a); and
74 (ii) who is:
75 (A) a Utah resident; or
76 (B) not a Utah resident, but who, in any 12-month period, is in this state for a total of
77 10 or more days, regardless of whether or not the offender intends to permanently reside in this
78 state;
79 (c) (i) (A) who is required to register as a kidnap offender in any other jurisdiction of
80 original conviction;
81 (B) who is required to register as a kidnap offender by any state, federal, or military
82 court; or
83 (C) who would be required to register as a kidnap offender if residing in the
84 jurisdiction of the conviction regardless of the date of the conviction or any previous
85 registration requirements; and
86 (ii) in any 12-month period, who is in this state for a total of 10 or more days,
87 regardless of whether or not the offender intends to permanently reside in this state;
88 (d) (i) (A) who is a nonresident regularly employed or working in this state; or
89 (B) who is a student in this state; and
90 (ii) (A) who was convicted of one or more offenses listed in Subsection (9), or any
91 substantially equivalent offense in another jurisdiction; or
92 (B) as a result of the conviction, who is required to register in the individual's state of
93 residence;
94 (e) who is found not guilty by reason of insanity in this state or in any other jurisdiction
95 of one or more offenses listed in Subsection (9); or
96 (f) (i) who is adjudicated under Section 80-6-701 for one or more offenses listed in
97 Subsection (9)(a); and
98 (ii) who has been committed to the division for secure care, as defined in Section
99 80-1-102, for that offense and:
100 (A) the individual remains in the division's custody until 30 days before the individual's
101 21st birthday; or
102 (B) if the juvenile court extended the juvenile court's jurisdiction over the individual
103 under Section 80-6-605, the individual remains in the division's custody until 30 days before
104 the individual's 25th birthday.
105 (10) "Natural parent" means a minor's biological or adoptive parent, and includes the
106 minor's noncustodial parent.
107 (11) "Offender" means a kidnap offender as defined in Subsection (9) or a sex offender
108 as defined in Subsection (17).
109 (12) "Online identifier" or "Internet identifier":
110 (a) means any electronic mail, chat, instant messenger, social networking, or similar
111 name used for Internet communication; and
112 (b) does not include date of birth, social security number, PIN number, or Internet
113 passwords.
114 (13) "Primary residence" means the location where the offender regularly resides, even
115 if the offender intends to move to another location or return to another location at any future
116 date.
117 (14) "Register" means to comply with the requirements of this chapter and
118 administrative rules of the department made under this chapter.
119 (15) "Registration website" means the Sex and Kidnap Offender Notification and
120 Registration website described in Section 77-41-110 and the information on the website.
121 (16) "Secondary residence" means any real property that the offender owns or has a
122 financial interest in, or any location where, in any 12-month period, the offender stays
123 overnight a total of 10 or more nights when not staying at the offender's primary residence.
124 (17) "Sex offender" means any individual:
125 (a) convicted in this state of:
126 (i) a felony or class A misdemeanor violation of Section 76-4-401, enticing a minor;
127 (ii) Section 76-5b-202, sexual exploitation of a vulnerable adult;
128 (iii) Section 76-5-308.1, human trafficking for sexual exploitation;
129 (iv) Section 76-5-308.5, human trafficking of a child for sexual exploitation;
130 (v) Section 76-5-310, aggravated human trafficking for sexual exploitation;
131 (vi) Section 76-5-311, human trafficking of a vulnerable adult for sexual exploitation;
132 (vii) Section 76-5-401, unlawful sexual activity with a minor, except as provided in
133 Subsection 76-5-401(3)(b) or (c);
134 (viii) Section 76-5-401.1, sexual abuse of a minor, except as provided in Subsection
135 76-5-401.1(3);
136 (ix) Section 76-5-401.2, unlawful sexual conduct with a 16 or 17 year old;
137 (x) Section 76-5-402, rape;
138 (xi) Section 76-5-402.1, rape of a child;
139 (xii) Section 76-5-402.2, object rape;
140 (xiii) Section 76-5-402.3, object rape of a child;
141 (xiv) a felony violation of Section 76-5-403, forcible sodomy;
142 (xv) Section 76-5-403.1, sodomy on a child;
143 (xvi) Section 76-5-404, forcible sexual abuse;
144 (xvii) Section 76-5-404.1, sexual abuse of a child, or Section 76-5-404.3, aggravated
145 sexual abuse of a child;
146 (xviii) Section 76-5-405, aggravated sexual assault;
147 (xix) Section 76-5-412, custodial sexual relations, when the individual in custody is
148 younger than 18 years old, if the offense is committed on or after May 10, 2011;
149 (xx) Section 76-5b-201, sexual exploitation of a minor;
150 (xxi) Section 76-5b-201.1, aggravated sexual exploitation of a minor;
151 (xxii) Section 76-5b-204, sexual extortion or aggravated sexual extortion;
152 (xxiii) Section 76-7-102, incest;
153 (xxiv) Section 76-9-702, lewdness, if the individual has been convicted of the offense
154 four or more times;
155 (xxv) Section 76-9-702.1, sexual battery, if the individual has been convicted of the
156 offense four or more times;
157 (xxvi) any combination of convictions of Section 76-9-702, lewdness, and of Section
158 76-9-702.1, sexual battery, that total four or more convictions;
159 (xxvii) Section 76-9-702.5, lewdness involving a child;
160 (xxviii) a felony or class A misdemeanor violation of Section 76-9-702.7, voyeurism;
161 (xxix) Section 76-10-1306, aggravated exploitation of prostitution; or
162 (xxx) attempting, soliciting, or conspiring to commit any felony offense listed in this
163 Subsection (17)(a);
164 (b) (i) who has been convicted of any crime, or an attempt, solicitation, or conspiracy
165 to commit a crime in another jurisdiction, including any state, federal, or military court that is
166 substantially equivalent to the offenses listed in Subsection (17)(a); and
167 (ii) who is:
168 (A) a Utah resident; or
169 (B) not a Utah resident, but who, in any 12-month period, is in this state for a total of
170 10 or more days, regardless of whether the offender intends to permanently reside in this state;
171 (c) (i) (A) who is required to register as a sex offender in any other jurisdiction of
172 original conviction;
173 (B) who is required to register as a sex offender by any state, federal, or military court;
174 or
175 (C) who would be required to register as a sex offender if residing in the jurisdiction of
176 the original conviction regardless of the date of the conviction or any previous registration
177 requirements; and
178 (ii) who, in any 12-month period, is in the state for a total of 10 or more days,
179 regardless of whether or not the offender intends to permanently reside in this state;
180 (d) (i) (A) who is a nonresident regularly employed or working in this state; or
181 (B) who is a student in this state; and
182 (ii) (A) who was convicted of one or more offenses listed in Subsection (17)(a), or any
183 substantially equivalent offense in any jurisdiction; or
184 (B) who is, as a result of the conviction, required to register in the individual's
185 jurisdiction of residence;
186 (e) who is found not guilty by reason of insanity in this state, or in any other
187 jurisdiction of one or more offenses listed in Subsection (17)(a); or
188 (f) (i) who is adjudicated under Section 80-6-701 for one or more offenses listed in
189 Subsection (17)(a); and
190 (ii) who has been committed to the division for secure care, as defined in Section
191 80-1-102, for that offense and:
192 (A) the individual remains in the division's custody until 30 days before the individual's
193 21st birthday; or
194 (B) if the juvenile court extended the juvenile court's jurisdiction over the individual
195 under Section 80-6-605, the individual remains in the division's custody until 30 days before
196 the individual's 25th birthday.
197 (18) "Traffic offense" does not include a violation of Title 41, Chapter 6a, Part 5,
198 Driving Under the Influence and Reckless Driving.
199 (19) "Vehicle" means any motor vehicle, aircraft, or watercraft subject to registration in
200 any jurisdiction.
201 Section 2. Section 77-41-103 is amended to read:
202 77-41-103. Department duties.
203 (1) The department, to assist in investigating kidnapping and sex-related crimes, and in
204 apprehending offenders, shall:
205 (a) develop and operate a system to collect, analyze, maintain, and disseminate
206 information on offenders and sex and kidnap offenses;
207 (b) make information listed in Subsection 77-41-110(4) available to the public; and
208 (c) share information provided by an offender under this chapter that may not be made
209 available to the public under Subsection 77-41-110(4), but only:
210 (i) for the purposes under this chapter; or
211 (ii) in accordance with Section 63G-2-206.
212 (2) Any law enforcement agency shall, in the manner prescribed by the department,
213 inform the department of:
214 (a) the receipt of a report or complaint of an offense listed in Subsection 77-41-102(9)
215 or (17), within three business days; and
216 (b) the arrest of a person suspected of any of the offenses listed in Subsection
217 77-41-102(9) or (17), within five business days.
218 (3) Upon convicting a person of any of the offenses listed in Subsection 77-41-102(9)
219 or (17), the convicting court shall within three business days forward a signed copy of the
220 judgment and sentence to the Sex and Kidnap Offender Registry office within the [
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222 (4) Upon modifying, withdrawing, setting aside, vacating, or otherwise altering a
223 conviction for any offense listed in Subsection 77-41-102(9) or (17), the court shall, within
224 three business days, forward a signed copy of the order to the Sex and Kidnap Offender
225 Registry office within the [
226 (5) The department may intervene in any matter, including a criminal action, where the
227 matter purports to affect a person's lawfully entered registration requirement.
228 (6) The department shall:
229 (a) provide the following additional information when available:
230 (i) the crimes the offender has been convicted of or adjudicated delinquent for;
231 (ii) a description of the offender's primary and secondary targets; and
232 (iii) any other relevant identifying information as determined by the department;
233 (b) maintain the Sex Offender and Kidnap Offender Notification and Registration
234 website; and
235 (c) ensure that the registration information collected regarding an offender's enrollment
236 or employment at an educational institution is:
237 (i) (A) promptly made available to any law enforcement agency that has jurisdiction
238 where the institution is located if the educational institution is an institution of higher
239 education; or
240 (B) promptly made available to the district superintendent of the school district where
241 the offender is employed if the educational institution is an institution of primary education;
242 and
243 (ii) entered into the appropriate state records or data system.
244 Section 3. Section 77-41-111 is amended to read:
245 77-41-111. Fees.
246 (1) Each offender required to register under Section 77-41-105 shall, in the month of
247 the offender's birth:
248 (a) pay to the department an annual fee of $100 each year the offender is subject to the
249 registration requirements of this chapter; and
250 (b) pay to the registering agency, if it is an agency other than the [
251
252 agency for providing registration.
253 (2) Notwithstanding Subsection (1), an offender who is confined in a secure facility or
254 in a state mental hospital is not required to pay the annual fee.
255 (3) The department shall deposit fees collected in accordance with this chapter in the
256 General Fund as a dedicated credit, to be used by the department for maintaining the offender
257 registry under this chapter and monitoring offender registration compliance, including the costs
258 of:
259 (a) data entry;
260 (b) processing registration packets;
261 (c) updating registry information;
262 (d) ensuring offender compliance with registration requirements under this chapter; and
263 (e) apprehending offenders who are in violation of the offender registration
264 requirements under this chapter.
265 Section 4. Section 77-43-102 is amended to read:
266 77-43-102. Definitions.
267 As used in this chapter:
268 (1) "Business day" means a day on which state offices are open for regular business.
269 (2) "Child abuse offender" means any person who:
270 (a) has been convicted in this state of a felony violation of:
271 (i) Subsection 76-5-109.2(3)(a) or (b), aggravated child abuse;
272 (ii) Section 76-5-308.5, human trafficking of a child; or
273 (iii) attempting, soliciting, or conspiring to commit any felony offense listed in
274 [
275 (b) has been convicted of any crime, or an attempt, solicitation, or conspiracy to
276 commit a crime in another jurisdiction, including any state, federal, or military court, that is
277 substantially equivalent to the offenses listed in Subsection (2)(a) and who is:
278 (i) a Utah resident; or
279 (ii) not a Utah resident, but who, in any 12-month period, is in this state for a total of
280 10 or more days, regardless of whether the offender intends to permanently reside in this state;
281 (c) (i) is required to register as a child abuse offender in any other jurisdiction of
282 original conviction, who is required to register as a child abuse offender by any state, federal,
283 or military court, or who would be required to register as a child abuse offender if residing in
284 the jurisdiction of the conviction regardless of the date of the conviction or any previous
285 registration requirements; and
286 (ii) in any 12-month period, is in this state for a total of 10 or more days, regardless of
287 whether the offender intends to permanently reside in this state;
288 (d) is a nonresident regularly employed or working in this state, or who is a student in
289 this state, and was convicted of one or more offenses listed in Subsection (2)(a), or any
290 substantially equivalent offense in another jurisdiction, or who, as a result of the conviction, is
291 required to register in the person's state of residence;
292 (e) is found not guilty by reason of insanity in this state or in any other jurisdiction of
293 one or more offenses listed in Subsection (2)(a); or
294 (f) is adjudicated delinquent based on one or more offenses listed in Subsection (2)(a)
295 and who has been committed to the division for secure confinement for that offense and
296 remains in the division's custody 30 days before the person's 21st birthday.
297 (3) "Correctional facility" means the same as that term is defined in Section 64-13-1.
298 (4) "Department" means the Department of [
299 (5) "Division" means the Division of Juvenile Justice Services.
300 (6) "Employed" or "carries on a vocation" includes employment that is full time or part
301 time, whether financially compensated, volunteered, or for the purpose of government or
302 educational benefit.
303 (7) "Indian Country" means:
304 (a) all land within the limits of any Indian reservation under the jurisdiction of the
305 United States government, regardless of the issuance of any patent, and includes rights-of-way
306 running through the reservation;
307 (b) all dependent Indian communities within the borders of the United States whether
308 within the original or subsequently acquired territory, and whether or not within the limits of a
309 state; and
310 (c) all Indian allotments, including the Indian allotments to which the Indian titles have
311 not been extinguished, including rights-of-way running through the allotments.
312 (8) "Jurisdiction" means any state, Indian Country, United States Territory, or any
313 property under the jurisdiction of the United States Armed Forces, Canada, the United
314 Kingdom, Australia, or New Zealand.
315 (9) "Natural parent" means a minor's biological or adoptive parent, and includes the
316 minor's noncustodial parent.
317 (10) "Offender" means a child abuse offender as defined in Subsection (2).
318 (11) "Online identifier" or "Internet identifier":
319 (a) means any electronic mail, chat, instant messenger, social networking, or similar
320 name used for Internet communication; and
321 (b) does not include date of birth, Social Security number, PIN number, or Internet
322 passwords.
323 (12) "Primary residence" means the location where the offender regularly resides, even
324 if the offender intends to move to another location or return to another location at any future
325 date.
326 (13) "Register" means to comply with the requirements of this chapter and
327 administrative rules of the department made under this chapter.
328 (14) "Registration website" means the Child Abuse Offender Notification and
329 Registration website described in Section 77-43-108 and the information on the website.
330 (15) "Secondary residence" means any real property that the offender owns or has a
331 financial interest in, or any location where, in any 12-month period, the offender stays
332 overnight a total of 10 or more nights when not staying at the offender's primary residence.
333 (16) "Traffic offense" does not include a violation of Title 41, Chapter 6a, Part 5,
334 Driving Under the Influence and Reckless Driving.
335 (17) "Vehicle" means any motor vehicle, aircraft, or watercraft subject to registration in
336 any jurisdiction.
337 Section 5. Section 77-43-109 is amended to read:
338 77-43-109. Fees.
339 (1) Each offender required to register under Section 77-43-105 shall, in the month of
340 the offender's birth:
341 (a) pay to the department an annual fee of $100 each year the offender is subject to the
342 registration requirements of this chapter; and
343 (b) pay to the registering agency, if it is an agency other than the [
344
345 agency for providing registration.
346 (2) Notwithstanding Subsection (1), an offender who is confined in a secure facility or
347 in a state mental hospital is not required to pay the annual fee.
348 (3) The department shall deposit fees collected in accordance with this chapter in the
349 General Fund as a dedicated credit, to be used by the department for maintaining the offender
350 registry under this chapter and monitoring offender registration compliance, including the costs
351 of:
352 (a) data entry;
353 (b) processing registration packets;
354 (c) updating registry information; and
355 (d) ensuring offender compliance with registration requirements under this chapter.