Representative Kera Birkeland proposes the following substitute bill:


1     
VICTIM SERVICES AMENDMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Kera Birkeland

5     
Senate Sponsor: Michael K. McKell

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions related to certain victims of sexual crimes including an
10     abortion based upon rape or incest.
11     Highlighted Provisions:
12          This bill:
13          ▸     creates and modifies definitions;
14          ▸     provides that a person operating a sexual assault hotline service may, when
15     applicable, provide a victim of sexual assault with information on how to access
16     free emergency contraception and other services;
17          ▸     requires the Department of Health and Human Services to provide to certain entities
18     information about how a victim of sexual assault may access emergency
19     contraception and other services;
20          ▸     requires a law enforcement officer's annual training to include training on responses
21     to sexual trauma and investigations of sexual assault and sexual abuse;
22          ▸     establishes law enforcement agency policy, public information, and reporting
23     requirements concerning sexual assault offenses and investigations;
24          ▸     requires the State Commission on Criminal and Juvenile Justice (commission) to
25     receive, compile, and publish data concerning sexual assault offenses;

26          ▸     provides that a law enforcement agency not in compliance with sexual assault
27     offense reporting requirements may not receive grants from the commission;
28          ▸     provides for a victim reparation award for a victim of sexual assault who becomes
29     pregnant from the sexual assault, health care for the victim during the duration of
30     the victim's pregnancy and for the victim and the victim's child for one year after the
31     child is born;
32          ▸     restricts an abortion based upon rape or incest to a pregnancy in which the unborn
33     child has not reached 18 weeks gestational age;
34          ▸     amends verification and reporting procedures for abortions based upon rape or
35     incest;
36          ▸     requires the department to receive, compile, and create a report concerning certain
37     information regarding abortions based upon rape or incest and provide the report to
38     the Health and Human Services Interim Committee; and
39          ▸     makes technical and conforming changes.
40     Money Appropriated in this Bill:
41          This bill appropriates in fiscal year 2024:
42          ▸     to Department of Public Safety - Peace Officer Standards and Training, as a
43     One-time appropriation:
44               •     from the General Fund, One-time, $10,000.
45     Other Special Clauses:
46          None
47     Utah Code Sections Affected:
48     AMENDS:
49          53-6-202, as last amended by Laws of Utah 2021, First Special Session, Chapter 1
50          53-10-908, as renumbered and amended by Laws of Utah 2022, Chapter 430
51          63A-16-1002, as enacted by Laws of Utah 2022, Chapter 390 and last amended by
52     Coordination Clause, Laws of Utah 2022, Chapter 390
53          63M-7-204, as last amended by Laws of Utah 2022, Chapter 187
54          63M-7-218, as enacted by Laws of Utah 2022, Chapter 390 and last amended by
55     Coordination Clause, Laws of Utah 2022, Chapter 390
56          63M-7-511, as last amended by Laws of Utah 2020, Chapter 149

57          76-7-302, as last amended by Laws of Utah 2022, Chapter 335
58          76-7-302.5, as enacted by Laws of Utah 2019, Chapter 208
59          76-7-313, as last amended by Laws of Utah 2019, Chapters 124, 208
60          76-7a-101, as last amended by Laws of Utah 2021, Chapter 262
61          76-7a-201, as enacted by Laws of Utah 2020, Chapter 279
62     ENACTS:
63          26-21b-202, Utah Code Annotated 1953
64          53-22-101, Utah Code Annotated 1953
65          53-22-102, Utah Code Annotated 1953
66          53-22-103, Utah Code Annotated 1953
67     

68     Be it enacted by the Legislature of the state of Utah:
69          Section 1. Section 26-21b-202 is enacted to read:
70          26-21b-202. Sexual assault hotline service -- Emergency contraception access.
71          (1) As used in this section, "sexual assault hotline service" means a telephone hotline,
72     online chat hotline, or similar method of communication that provides information or
73     counseling services for a victim of sexual assault.
74          (2) A person who operates a sexual assault hotline service available to a resident of this
75     state shall create and maintain a policy that encourages the sexual assault hotline service to
76     provide, when applicable, a victim of sexual assault with information on how to access:
77          (a) free emergency contraception;
78          (b) law enforcement; and
79          (c) medical and mental health services.
80          (3) The department shall provide information about how a victim of sexual assault may
81     access free emergency contraception and other medical and mental health services to:
82          (a) victims of sexual assault;
83          (b) sexual assault hotline services that are available to residents of this state; and
84          (c) other providers who provide sexual assault support services to victims of sexual
85     assault in this state.
86          (4) The department may adopt rules in accordance with Title 63G, Chapter 3, Utah
87     Administrative Rulemaking Act, to carry out the provisions of Subsection (3).

88          Section 2. Section 53-6-202 is amended to read:
89          53-6-202. Basic training course -- Completion required -- Annual training --
90     Prohibition from exercising powers -- Reinstatement.
91          (1) (a) The director shall:
92          (i) (A) suggest and prepare subject material; and
93          (B) schedule instructors for basic training courses; or
94          (ii) review the material and instructor choices submitted by a certified academy.
95          (b) The subject material, instructors, and schedules shall be approved or disapproved
96     by a majority vote of the council.
97          (2) The materials shall be reviewed and approved by the council on or before July 1st
98     of each year and may from time to time be changed or amended by majority vote of the council.
99          (3) The basic training in a certified academy:
100          (a) shall be appropriate for the basic training of peace officers in the techniques of law
101     enforcement in the discretion of the director; and
102          (b) may not include the use of chokeholds, carotid restraints, or any act that impedes
103     the breathing or circulation of blood likely to produce a loss of consciousness, as a valid
104     method of restraint.
105          (4) (a) All peace officers shall satisfactorily complete the basic training course or the
106     waiver process provided for in this chapter as well as annual certified training of not less than
107     40 hours as the director, with the advice and consent of the council, directs.
108          (b) A peace officer who fails to satisfactorily complete the annual training shall
109     automatically be prohibited from exercising peace officer powers until any deficiency is made
110     up.
111          (c) (i) Beginning July 1, 2021, the annual training shall include no less than 16 hours of
112     training focused on mental health and other crisis intervention responses, arrest control, and
113     de-escalation training.
114          (ii) Standards for the training shall be determined by each law enforcement agency or
115     department and approved by the director or designee.
116          (iii) Each law enforcement agency or department shall include a breakdown of the 16
117     hours within the annual audit submitted to the division.
118          (5) Beginning July 1, 2021, the director shall ensure that annual training covers

119     intervention responses for mental illnesses, autism spectrum disorder, and other neurological
120     and developmental disorders.
121          (6) Beginning July 1, 2023, the director shall ensure that annual training covers at least
122     one hour of training on responses to sexual traumas and investigations of sexual assault and
123     sexual abuse in accordance with Section 53-10-908.
124          Section 3. Section 53-10-908 is amended to read:
125          53-10-908. Law enforcement -- Training -- Sexual assault, sexual abuse, and
126     human trafficking.
127          (1) The department and the Utah Prosecution Council shall develop training in
128     trauma-informed responses and investigations of sexual assault and sexual abuse, which
129     include, but are not limited to, the following:
130          (a) recognizing the symptoms of trauma;
131          (b) understanding the impact of trauma on a victim;
132          (c) responding to the needs and concerns of a victim of sexual assault or sexual abuse;
133          (d) delivering services to victims of sexual assault or sexual abuse in a compassionate,
134     sensitive, and nonjudgmental manner;
135          (e) understanding cultural perceptions and common myths of sexual assault and sexual
136     abuse; and
137          (f) techniques of writing reports in accordance with Subsection (5).
138          (2) (a) [The] In accordance with Section 53-6-202, the department and the Utah
139     Prosecution Council shall offer the training in Subsection (1) to all certified law enforcement
140     officers in the state.
141          (b) The training for all law enforcement officers may be offered through an online
142     course, developed by the department and the Utah Prosecution Council.
143          (3) The training listed in Subsection (1) shall be offered by the Peace Officer Standards
144     and Training division to all persons seeking certification as a peace officer.
145          (4) (a) The department and the Utah Prosecution Council shall develop and offer an
146     advanced training course for officers who investigate cases of sexual assault or sexual abuse.
147          (b) The advanced training course shall include:
148          (i) all criteria listed in Subsection (1); and
149          (ii) interviewing techniques in accordance with the curriculum standards in Subsection

150     (5).
151          (5) The department shall consult with the Utah Prosecution Council to develop the
152     specific training requirements of this section, including curriculum standards for report writing
153     and response to sexual assault and sexual abuse, including trauma-informed and
154     victim-centered interview techniques, which have been demonstrated to minimize
155     retraumatizing victims.
156          (6) The Office of the Attorney General shall develop and offer training for law
157     enforcement officers in investigating human trafficking offenses.
158          (7) The training described in Subsection (6) shall be offered to all law enforcement
159     officers in the state by July 1, 2020.
160          (8) The training described in Subsection (6) shall be offered by the Peace Officer
161     Standards and Training division to all persons seeking certification as a peace officer, in
162     conjunction with the training described in Subsection (1), beginning July 1, 2021.
163          (9) The Office of the Attorney General, the department, and the Utah Prosecution
164     Council shall consult with one another to provide the training described in Subsection (6)
165     jointly with the training described in Subsection (1) as reasonably practicable.
166          Section 4. Section 53-22-101 is enacted to read:
167     
CHAPTER 22. SEXUAL ASSAULT OFFENSE POLICY AND REPORTING

168     
REQUIREMENTS

169          53-22-101. Sexual assault offense policy and public information requirements for
170     law enforcement agencies.
171          (1) (a) Beginning January 1, 2024, a law enforcement agency shall create and maintain
172     a policy regarding the law enforcement agency's processes for handling sexual assault
173     investigations.
174          (b) A policy described under Subsection (1)(a) shall include current best practices for
175     handling sexual assault investigations, including:
176          (i) protocols and training on responses to sexual trauma;
177          (ii) emergency response procedures, including prompt contact with the victim and the
178     preservation of evidence; and
179          (iii) referrals to sexual assault support services.
180          (c) A law enforcement agency shall publicly post on the law enforcement agency's

181     website the policy described in Subsection (1)(a).
182          (2) Beginning January 1, 2024, a law enforcement agency shall create and publicly post
183     on the law enforcement agency's website a guide for victims of sexual assault that includes:
184          (a) a description of the law enforcement agency's processes for handling sexual assault
185     investigations;
186          (b) contact information for victims of sexual assault to obtain more information from
187     the law enforcement agency; and
188          (c) referral information for sexual assault victim support services.
189          Section 5. Section 53-22-102 is enacted to read:
190          53-22-102. Sexual assault offense reporting requirements for law enforcement
191     agencies.
192          (1) As used in this section:
193          (a) "Commission" means the State Commission on Criminal and Juvenile Justice
194     created in Section 63M-7-201.
195          (b) "Sexual assault offense" means:
196          (i) rape, Section 76-5-402;
197          (ii) rape of a child, Section 76-5-402.1;
198          (iii) object rape, Section 76-5-402.2;
199          (iv) object rape of a child, Section 76-5-402.3;
200          (v) forcible sodomy, Section 76-5-403;
201          (vi) sodomy on a child, Section 76-6-403.1;
202          (vii) forcible sexual abuse, Section 76-5-404;
203          (viii) sexual abuse of a child, Section 76-5-404.1;
204          (ix) aggravated sexual abuse of a child, Section 76-5-404.3;
205          (x) aggravated sexual assault, Section 76-5-405; or
206          (xi) sexual battery, Section 76-9-702.1.
207          (2) (a) Beginning January 1, 2024, a law enforcement agency shall annually, on or
208     before April 30, submit a report to the commission for the previous calendar year containing
209     the number of each type of sexual assault offense that:
210          (i) was reported to the law enforcement agency;
211          (ii) was investigated by a detective; and

212          (iii) was referred to a prosecutor for prosecution.
213          (b) A law enforcement agency shall:
214          (i) compile the report described in Subsection (2)(a) for each calendar year in the
215     standardized format developed by the commission under Subsection (3); and
216          (ii) publicly post the information reported in Subsection (2)(a) on the law enforcement
217     agency's website.
218          (3) The commission shall:
219          (a) develop a standardized format for reporting the data described in Subsection (2);
220          (b) compile the data submitted under Subsection (2); and
221          (c) annually on or before August 1, publish a report of the data described in Subsection
222     (2) on the commission's website.
223          Section 6. Section 53-22-103 is enacted to read:
224          53-22-103. Exemption.
225          The provisions of this chapter do not apply to a law enforcement agency created under
226     Section 41-3-104.
227          Section 7. Section 63A-16-1002 is amended to read:
228          63A-16-1002. Criminal justice database.
229          (1) The commission shall oversee the creation and management of a [Criminal Justice
230     Database] criminal justice database for information and data required to be reported to the
231     commission, organized by county, and accessible to all criminal justice agencies in the state.
232          (2) The division shall assist with the development and management of the database.
233          (3) The division, in collaboration with the commission, shall create:
234          (a) master standards and formats for information submitted to the database;
235          (b) a portal, bridge, website, or other method for reporting entities to provide the
236     information;
237          (c) a master data management index or system to assist in the retrieval of information
238     in the database;
239          (d) a protocol for accessing information in the database that complies with state
240     privacy regulations; and
241          (e) a protocol for real-time audit capability of all data accessed through the portal by
242     participating data source, data use entities, and regulators.

243          (4) Each criminal justice agency charged with reporting information to the commission
244     shall provide the data or information to the database in a form prescribed by the commission.
245          (5) The database shall be the repository for the statutorily required data described in:
246          (a) Section 13-53-111, recidivism reporting requirements;
247          (b) Section 17-22-32, county jail reporting requirements;
248          (c) Section 17-55-201, Criminal Justice Coordinating Councils reporting;
249          (d) Section 24-4-118, forfeiture reporting requirements;
250          (e) Section 41-6a-511, courts to collect and maintain data;
251          (f) Section 53-22-102, sexual assault offense reporting requirements for law
252     enforcement agencies;
253          [(f)] (g) Section 63M-7-214, law enforcement agency grant reporting;
254          [(g)] (h) Section 63M-7-216, prosecutorial data collection;
255          [(h)] (i) Section 64-13-21, supervision of sentenced offenders placed in community;
256          [(i)] (j) Section 64-13-25, standards for programs;
257          [(j)] (k) Section 64-13-45, department reporting requirements;
258          [(k)] (l) Section 64-13e-104, housing of state probationary inmates or state parole
259     inmates;
260          [(l)] (m) Section 77-7-8.5, use of tactical groups;
261          [(m)] (n) Section 77-20-103, release data requirements;
262          [(n)] (o) Section 77-22-2.5, court orders for criminal investigations;
263          [(o)] (p) Section 78A-2-109.5, court demographics reporting; and
264          [(p)] (q) any other statutes which require the collection of specific data and the
265     reporting of that data to the commission.
266          (6) The commission shall report:
267          (a) progress on the database, including creation, configuration, and data entered, to the
268     Law Enforcement and Criminal Justice Interim Committee not later than November 2022; and
269          (b) all data collected as of December 31, 2022, to the Law Enforcement and Criminal
270     Justice Interim Committee, the House Law Enforcement and Criminal Justice Standing
271     Committee, and the Senate Judiciary, Law Enforcement and Criminal Justice Standing
272     Committee not later than January 16, 2023.
273          Section 8. Section 63M-7-204 is amended to read:

274          63M-7-204. Duties of commission.
275          (1) The State Commission on Criminal and Juvenile Justice administration shall:
276          (a) promote the commission's purposes as enumerated in Section 63M-7-201;
277          (b) promote the communication and coordination of all criminal and juvenile justice
278     agencies;
279          (c) study, evaluate, and report on the status of crime in the state and on the
280     effectiveness of criminal justice policies, procedures, and programs that are directed toward the
281     reduction of crime in the state;
282          (d) study, evaluate, and report on programs initiated by state and local agencies to
283     address reducing recidivism, including changes in penalties and sentencing guidelines intended
284     to reduce recidivism, costs savings associated with the reduction in the number of inmates, and
285     evaluation of expenses and resources needed to meet goals regarding the use of treatment as an
286     alternative to incarceration, as resources allow;
287          (e) study, evaluate, and report on policies, procedures, and programs of other
288     jurisdictions which have effectively reduced crime;
289          (f) identify and promote the implementation of specific policies and programs the
290     commission determines will significantly reduce crime in Utah;
291          (g) provide analysis and recommendations on all criminal and juvenile justice
292     legislation, state budget, and facility requests, including program and fiscal impact on all
293     components of the criminal and juvenile justice system;
294          (h) provide analysis, accountability, recommendations, and supervision for state and
295     federal criminal justice grant money;
296          (i) provide public information on the criminal and juvenile justice system and give
297     technical assistance to agencies or local units of government on methods to promote public
298     awareness;
299          (j) promote research and program evaluation as an integral part of the criminal and
300     juvenile justice system;
301          (k) provide a comprehensive criminal justice plan annually;
302          (l) review agency forecasts regarding future demands on the criminal and juvenile
303     justice systems, including specific projections for secure bed space;
304          (m) promote the development of criminal and juvenile justice information systems that

305     are consistent with common standards for data storage and are capable of appropriately sharing
306     information with other criminal justice information systems by:
307          (i) developing and maintaining common data standards for use by all state criminal
308     justice agencies;
309          (ii) annually performing audits of criminal history record information maintained by
310     state criminal justice agencies to assess their accuracy, completeness, and adherence to
311     standards;
312          (iii) defining and developing state and local programs and projects associated with the
313     improvement of information management for law enforcement and the administration of
314     justice; and
315          (iv) establishing general policies concerning criminal and juvenile justice information
316     systems and making rules as necessary to carry out the duties under Subsection (1)(k) and this
317     Subsection (1)(m);
318          (n) allocate and administer grants, from money made available, for approved education
319     programs to help prevent the sexual exploitation of children;
320          (o) allocate and administer grants for law enforcement operations and programs related
321     to reducing illegal drug activity and related criminal activity;
322          (p) request, receive, and evaluate data and recommendations collected and reported by
323     agencies and contractors related to policies recommended by the commission regarding
324     recidivism reduction, including the data described in Section 13-53-111 and Subsection
325     62A-15-103(2)(l);
326          (q) establish and administer a performance incentive grant program that allocates funds
327     appropriated by the Legislature to programs and practices implemented by counties that reduce
328     recidivism and reduce the number of offenders per capita who are incarcerated;
329          (r) oversee or designate an entity to oversee the implementation of juvenile justice
330     reforms;
331          (s) make rules and administer the juvenile holding room standards and juvenile jail
332     standards to align with the Juvenile Justice and Delinquency Prevention Act requirements
333     pursuant to 42 U.S.C. Sec. 5633;
334          (t) allocate and administer grants, from money made available, for pilot qualifying
335     education programs;

336          (u) oversee the trauma-informed justice program described in Section 63M-7-209;
337          (v) request, receive, and evaluate the aggregate data collected from prosecutorial
338     agencies and the Administrative Office of the Courts, in accordance with Sections 63M-7-216
339     and 78A-2-109.5;
340          (w) report annually to the Law Enforcement and Criminal Justice Interim Committee
341     on the progress made on each of the following goals of the Justice Reinvestment Initiative:
342          (i) ensuring oversight and accountability;
343          (ii) supporting local corrections systems;
344          (iii) improving and expanding reentry and treatment services; and
345          (iv) strengthening probation and parole supervision;
346          (x) compile a report of findings based on the data and recommendations provided
347     under Section 13-53-111 and Subsection 62A-15-103(2)(n) that:
348          (i) separates the data provided under Section 13-53-111 by each residential, vocational
349     and life skills program; and
350          (ii) separates the data provided under Subsection 62A-15-103(2)(n) by each mental
351     health or substance use treatment program; [and]
352          (y) publish the report described in Subsection (1)(x) on the commission's website and
353     annually provide the report to the Judiciary Interim Committee, the Health and Human Services
354     Interim Committee, the Law Enforcement and Criminal Justice Interim Committee, and the
355     related appropriations subcommittees[.]; and
356          (z) receive, compile, and publish the data provided under Section 53-22-102 on the
357     commission's website.
358          (2) If the commission designates an entity under Subsection (1)(r), the commission
359     shall ensure that the membership of the entity includes representation from the three branches
360     of government and, as determined by the commission, representation from relevant stakeholder
361     groups across all parts of the juvenile justice system, including county representation.
362          Section 9. Section 63M-7-218 is amended to read:
363          63M-7-218. State grant requirements.
364          Beginning July 1, 2023, the commission may not award any grant of state funds to any
365     entity subject to, and not in compliance with, the reporting requirements in Subsections
366     63A-16-1002(5)(a) through [(o)] (p).

367          Section 10. Section 63M-7-511 is amended to read:
368          63M-7-511. Compensable losses and amounts.
369          A reparations award under this part may be made if:
370          (1) the reparations officer finds the reparations claim satisfies the requirements for the
371     reparations award under the provisions of this part and the rules of the board;
372          (2) money is available in the fund;
373          (3) the individual for whom the reparations award is to be paid is otherwise eligible
374     under this part; and
375          (4) the reparations claim is for an allowable expense incurred by the victim, as follows:
376          (a) reasonable and necessary charges incurred for products, services, and
377     accommodations;
378          (b) inpatient and outpatient medical treatment and physical therapy, subject to rules
379     made by the board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
380     Act;
381          (c) mental health counseling that:
382          (i) is set forth in a mental health treatment plan that is approved before any payment is
383     made by a reparations officer; and
384          (ii) qualifies within any further rules made by the board in accordance with Title 63G,
385     Chapter 3, Utah Administrative Rulemaking Act;
386          (d) actual loss of past earnings and anticipated loss of future earnings because of a
387     death or disability resulting from the personal injury at a rate not to exceed 66-2/3% of the
388     individual's weekly gross salary or wages or the maximum amount allowed under the state
389     workers' compensation statute;
390          (e) care of minor children enabling a victim or spouse of a victim, but not both, to
391     continue gainful employment at a rate per child per week as determined under rules established
392     by the board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
393          (f) funeral and burial expenses for death caused by the criminally injurious conduct,
394     subject to rules made by the board in accordance with Title 63G, Chapter 3, Utah
395     Administrative Rulemaking Act;
396          (g) loss of support to a dependent not otherwise compensated for a pecuniary loss for
397     personal injury, for as long as the dependence would have existed had the victim survived, at a

398     rate not to exceed 66-2/3% of the individual's weekly salary or wages or the maximum amount
399     allowed under the state workers' compensation statute, whichever is less;
400          (h) personal property necessary and essential to the health or safety of the victim as
401     defined by rules made by the board in accordance with Title 63G, Chapter 3, Utah
402     Administrative Rulemaking Act; [and]
403          (i) medical examinations, subject to rules made by the board in accordance with Title
404     63G, Chapter 3, Utah Administrative Rulemaking Act, which may allow for exemptions from
405     Sections 63M-7-509, 63M-7-512, and 63M-7-513[.]; and
406          (j) for a victim of sexual assault who becomes pregnant from the sexual assault, health
407     care:
408          (i) for the victim during the duration of the victim's pregnancy if the health care is
409     related to or resulting from the sexual assault or the pregnancy; and
410          (ii) for the victim and the victim's child for one year after the day on which the victim's
411     child is born.
412          Section 11. Section 76-7-302 is amended to read:
413          76-7-302. Circumstances under which abortion authorized.
414          (1) As used in this section, "viable" means that the unborn child has reached a stage of
415     fetal development when the unborn child is potentially able to live outside the womb, as
416     determined by the attending physician to a reasonable degree of medical certainty.
417          (2) An abortion may be performed in this state only by a physician.
418          (3) An abortion may be performed in this state only under the following circumstances:
419          (a) the unborn child is not viable; or
420          (b) the unborn child is viable, if:
421          (i) the abortion is necessary to avert:
422          (A) the death of the woman on whom the abortion is performed; or
423          (B) a serious risk of substantial and irreversible impairment of a major bodily function
424     of the woman on whom the abortion is performed;
425          (ii) two physicians who practice maternal fetal medicine concur, in writing, in the
426     patient's medical record that the fetus:
427          (A) has a defect that is uniformly diagnosable and uniformly lethal; or
428          (B) has a severe brain abnormality that is uniformly diagnosable; or

429          (iii) (A) the unborn child has not reached 18 weeks gestational age and the woman is
430     pregnant as a result of:
431          (I) rape, as described in Section 76-5-402;
432          (II) rape of a child, as described in Section 76-5-402.1; or
433          (III) incest, as described in Subsection 76-5-406(2)(j) or Section 76-7-102; and
434          (B) before the abortion is performed, the physician who performs the abortion:
435          (I) verifies that the incident described in Subsection (3)(b)(iii)(A) has been reported to
436     law enforcement; and
437          (II) if applicable, complies with the requirements of Section 80-2-602.
438          (4) An abortion may be performed only in an abortion clinic or a hospital, unless it is
439     necessary to perform the abortion in another location due to a medical emergency.
440          (5) A physician who performs an abortion under Subsection (3)(b)(iii) shall:
441          (a) maintain an accurate record as to the manner in which the physician conducted the
442     verification under Subsection (3)(b)(iii)(B)(I); and
443          (b) report the information described in Subsection (5)(a) to the department in
444     accordance with Section 76-7-313.
445          Section 12. Section 76-7-302.5 is amended to read:
446          76-7-302.5. Circumstances under which abortion prohibited.
447          Notwithstanding any other provision of this part, a person may not perform or attempt
448     to perform an abortion after the unborn child reaches 18 weeks gestational age unless the
449     abortion is permissible for a reason described in Subsection 76-7-302(3)(b)(i) or (ii).
450          Section 13. Section 76-7-313 is amended to read:
451          76-7-313. Department's enforcement responsibility -- Physician's report to
452     department -- Reporting.
453          (1) In order for the department to maintain necessary statistical information and ensure
454     enforcement of the provisions of this part:
455          (a) any physician performing an abortion must obtain and record in writing:
456          (i) the age, marital status, and county of residence of the woman on whom the abortion
457     was performed;
458          (ii) the number of previous abortions performed on the woman described in Subsection
459     (1)(a)(i);

460          (iii) the hospital or other facility where the abortion was performed;
461          (iv) the weight in grams of the unborn child aborted, if it is possible to ascertain;
462          (v) the pathological description of the unborn child;
463          (vi) the given gestational age of the unborn child;
464          (vii) the date the abortion was performed;
465          (viii) the measurements of the unborn child, if possible to ascertain;
466          (ix) if applicable, the information obtained under Subsection 76-7-302(5) or
467     76-7a-201(6); and
468          [(ix)] (x) the medical procedure used to abort the unborn child; and
469          (b) the department shall make rules in accordance with Title 63G, Chapter 3, Utah
470     Administrative Rulemaking Act.
471          (2) Each physician who performs an abortion shall provide the following to the
472     department within 30 days after the day on which the abortion is performed:
473          (a) the information described in Subsection (1);
474          (b) a copy of the pathologist's report described in Section 76-7-309;
475          (c) an affidavit:
476          (i) indicating whether the required consent was obtained pursuant to Sections 76-7-305
477     and 76-7-305.5;
478          (ii) described in Subsection (3), if applicable; and
479          (iii) indicating whether at the time the physician performed the abortion, the physician
480     had any knowledge that the pregnant woman sought the abortion solely because the unborn
481     child had or may have had Down syndrome; and
482          (d) a certificate indicating:
483          (i) whether the unborn child was or was not viable, as defined in Subsection
484     76-7-302(1), at the time of the abortion;
485          (ii) whether the unborn child was older than 18 weeks gestational age at the time of the
486     abortion; and
487          (iii) if the unborn child was viable, as defined in Subsection 76-7-302(1), or older than
488     18 weeks gestational age at the time of the abortion, the reason for the abortion.
489          (3) If the information module or the address to the website is not provided to a
490     pregnant woman, the physician who performs the abortion on the woman shall, within 10 days

491     after the day on which the abortion is performed, provide to the department an affidavit that:
492          (a) specifies the information that was not provided to the woman; and
493          (b) states the reason that the information was not provided to the woman.
494          (4) All information supplied to the department shall be confidential and privileged
495     pursuant to Title 26, Chapter 25, Confidential Information Release.
496          (5) The department shall pursue all administrative and legal remedies when the
497     department determines that a physician or a facility has not complied with the provisions of this
498     part.
499          (6) (a) The department shall receive, compile, and create a report outlining the data
500     provided under Subsection (1)(a)(ix).
501          (b) Annually on or before November 30, the department shall provide the report
502     described in Subsection (6)(a) to the Health and Human Services Interim Committee.
503          Section 14. Section 76-7a-101 is amended to read:
504          76-7a-101. Definitions.
505          As used in this chapter:
506          (1) (a) "Abortion" means:
507          (i) the intentional termination or attempted termination of human pregnancy after
508     implantation of a fertilized ovum through a medical procedure carried out by a physician or
509     through a substance used under the direction of a physician;
510          (ii) the intentional killing or attempted killing of a live unborn child through a medical
511     procedure carried out by a physician or through a substance used under the direction of a
512     physician; or
513          (iii) the intentional causing or attempted causing of a miscarriage through a medical
514     procedure carried out by a physician or through a substance used under the direction of a
515     physician.
516          (b) "Abortion" does not include:
517          (i) removal of a dead unborn child;
518          (ii) removal of an ectopic pregnancy; or
519          (iii) the killing or attempted killing of an unborn child without the consent of the
520     pregnant woman, unless:
521          (A) the killing or attempted killing is done through a medical procedure carried out by

522     a physician or through a substance used under the direction of a physician; and
523          (B) the physician is unable to obtain the consent due to a medical emergency.
524          (2) "Abortion clinic" means a type I abortion clinic licensed by the state or a type II
525     abortion clinic licensed by the state.
526          (3) "Department" means the Department of Health.
527          (4) "Down syndrome" means a genetic condition associated with an extra chromosome
528     21, in whole or in part, or an effective trisomy for chromosome 21.
529          (5) "Hospital" means:
530          (a) a general hospital licensed by the department; or
531          (b) a clinic or other medical facility to the extent the clinic or other medical facility is
532     certified by the department as providing equipment and personnel sufficient in quantity and
533     quality to provide the same degree of safety to a pregnant woman and an unborn child as would
534     be provided for the particular medical procedure undertaken by a general hospital licensed by
535     the department.
536          [(6) "Incest" means the same as that term is defined in Section 80-1-102.]
537          [(7)] (6) "Medical emergency" means a condition which, on the basis of the physician's
538     good faith clinical judgment, so threatens the life of a pregnant woman as to necessitate the
539     immediate abortion of her pregnancy to avert her death, or for which a delay will create serious
540     risk of substantial and irreversible impairment of major bodily function.
541          [(8)] (7) "Physician" means:
542          (a) a medical doctor licensed to practice medicine and surgery in the state;
543          (b) an osteopathic physician licensed to practice osteopathic medicine in the state; or
544          (c) a physician employed by the federal government who has qualifications similar to
545     an individual described in Subsection [(8)(a)] (7)(a) or (b).
546          [(9) "Rape" means the same as that term is defined in Title 76, Utah Criminal Code.]
547          [(10)] (8) (a) "Severe brain abnormality" means a malformation or defect that causes an
548     individual to live in a mentally vegetative state.
549          (b) "Severe brain abnormality" does not include:
550          (i) Down syndrome;
551          (ii) spina bifida;
552          (iii) cerebral palsy; or

553          (iv) any other malformation, defect, or condition that does not cause an individual to
554     live in a mentally vegetative state.
555          Section 15. Section 76-7a-201 is amended to read:
556          76-7a-201. Abortion prohibition -- Exceptions -- Penalties.
557          (1) An abortion may be performed in this state only under the following circumstances:
558          (a) the abortion is necessary to avert:
559          (i) the death of the woman on whom the abortion is performed; or
560          (ii) a serious risk of substantial and irreversible impairment of a major bodily function
561     of the woman on whom the abortion is performed;
562          (b) two physicians who practice maternal fetal medicine concur, in writing, in the
563     patient's medical record that the fetus:
564          (i) has a defect that is uniformly diagnosable and uniformly lethal; or
565          (ii) has a severe brain abnormality that is uniformly diagnosable; or
566          (c) (i) the unborn child has not reached 18 weeks gestational age and the woman is
567     pregnant as a result of:
568          (A) rape, as described in Section 76-5-402;
569          (B) rape of a child, as described in Section 76-5-402.1; or
570          (C) incest, as described in Subsection 76-5-406(2)(j) or Section 76-7-102; and
571          (ii) before the abortion is performed, the physician who performs the abortion:
572          (A) verifies that the incident described in Subsection (1)(c)(i) has been reported to law
573     enforcement; and
574          (B) if applicable, complies with requirements related to reporting suspicions of or
575     known child abuse.
576          (2) An abortion may be performed only:
577          (a) by a physician; and
578          (b) in an abortion clinic or a hospital, unless it is necessary to perform the abortion in
579     another location due to a medical emergency.
580          (3) A person who performs an abortion in violation of this section is guilty of a second
581     degree felony.
582          (4) In addition to the penalty described in Subsection (3), the department may take
583     appropriate corrective action against an abortion clinic, including revoking the abortion clinic's

584     license, if a violation of this chapter occurs at the abortion clinic.
585          (5) The department shall report a physician's violation of any provision of this section
586     to the state entity that regulates the licensing of a physician.
587          (6) A physician who performs an abortion under Subsection (1)(c) shall:
588          (a) maintain an accurate record as to the manner in which the physician conducted the
589     verification under Subsection (1)(c)(ii)(A); and
590          (b) report the information described in Subsection (6)(a) to the department in
591     accordance with Section 76-7-313.
592          Section 16. Appropriation.
593          The following sums of money are appropriated for the fiscal year beginning July 1,
594     2023, and ending June 30, 2024. These are additions to amounts previously appropriated for
595     fiscal year 2024. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
596     Act, the Legislature appropriates the following sums of money from the funds or accounts
597     indicated for the use and support of the government of the state of Utah.
598     ITEM 1
599     To Department of Public Safety - Peace Officer Standards and Training
600          From General Fund, One-time
10,000

601          Schedule of Programs:
602               Peace Officer Standards and Training               10,000
603          The Legislature intends that:
604          (1) the appropriation under this item be used for the training program described in
605     Subsections 53-6-202(6) and 53-10-908(2) of this bill; and
606          (2) under Section 63J-1-603, the One-time appropriation provided under this item not
607     lapse at the close of fiscal year 2024 and the use of any nonlapsing funds is limited to the
608     purposes described in Subsection (1) of this item.