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7 LONG TITLE
8 General Description:
9 This bill amends the restrictions placed on offenders who are on the sex offender
10 registry.
11 Highlighted Provisions:
12 This bill:
13 ▸ restricts individuals on the sex offender registry from entering a private or
14 homeowners' association park or playground; and
15 ▸ makes technical changes.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 77-27-21.7, as last amended by Laws of Utah 2020, Chapter 206
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24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 77-27-21.7 is amended to read:
26 77-27-21.7. Sex offender restrictions.
27 (1) As used in this section:
28 (a) "Minor" means an individual who is less than 18 years old;
29 (b) (i) "Protected area" means the premises occupied by:
30 (A) [
31 (B) a swimming pool that is open to the public;
32 (C) a public or private primary or secondary school that is not on the grounds of a
33 correctional facility;
34 (D) a [
35 operated, or owned by a homeowners' association or other private entity;
36 (E) a [
37 maintained, operated, or owned by a homeowners' association or other private entity, including
38 those areas designed to provide children space, recreational equipment, or other amenities
39 intended to allow children to engage in physical activity; and
40 (F) except as provided in Subsection (1)(b)(ii), an area that is 1,000 feet or less from
41 the residence of a victim of the sex offender if the sex offender is subject to a victim requested
42 restriction.
43 (ii) "Protected area" does not include the area described in Subsection (1)(b)(i)(F) if:
44 (A) the victim is a member of the immediate family of the sex offender; and
45 (B) the terms of the sex offender's agreement of probation or parole allow the sex
46 offender to reside in the same residence as the victim.
47 (c) "Sex offender" means an adult or juvenile who is required to register in accordance
48 with Title 77, Chapter 41, Sex and Kidnap Offender Registry, due to a conviction for [
49 offense that is committed against a person younger than 18 years old.
50 (2) For purposes of Subsection (1)(b)(i)(F), a sex offender is subject to a victim
51 requested restriction if:
52 (a) the sex offender is on probation or parole for an offense that requires the offender to
53 register in accordance with Title 77, Chapter 41, Sex and Kidnap Offender Registry;
54 (b) the victim or the victim's parent or guardian advises the Department of Corrections
55 that the victim elects to restrict the sex offender from the area and authorizes the Department of
56 Corrections to advise the sex offender of the area where the victim resides; and
57 (c) the Department of Corrections notifies the sex offender in writing that the sex
58 offender is prohibited from being in the area described in Subsection (1)(b)(i)(F) and provides
59 a description of the location of the protected area to the sex offender.
60 (3) A sex offender may not:
61 (a) be in a protected area except:
62 (i) when the sex offender must be in a protected area to perform the sex offender's
63 parental responsibilities;
64 (ii) (A) when the protected area is a public or private primary or secondary school; and
65 (B) the school is open and being used for a public activity other than a school-related
66 function that involves a minor; or
67 (iii) (A) if the protected area is a licensed day care or preschool facility located within a
68 building that is open to the public for purposes other than the operation of the day care or
69 preschool facility; and
70 (B) the sex offender does not enter a part of the building that is occupied by the day
71 care or preschool facility; or
72 (b) serve as an athletic coach, manager, or trainer for [
73 minor who is less than 18 years old is a member.
74 (4) A sex offender who violates this section is guilty of a class A misdemeanor.