This document includes House Floor Amendments incorporated into the bill on Mon, Feb 5, 2024 at 2:54 PM by housengrossing.
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7 LONG TITLE
8 General Description:
9 This bill amends and enacts provisions related to the collection and reporting of public
10 safety data.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms;
14 ▸ requires the Alcohol Abuse Tracking Committee to report certain information to the
15 State Commission on Criminal and Juvenile Justice and to the Law Enforcement
16 and Criminal Justice Interim Committee;
17 ▸ amends the dates for certain required reports;
18 ▸ renames the "criminal and juvenile justice database" to the "public safety portal";
19 ▸ clarifies that the State School Board's school disciplinary and law enforcement
20 action report is a report required to be included in the public safety portal managed
21 by the State Commission on Criminal and Juvenile Justice;
22 ▸ provides the State Commission on Criminal and Juvenile Justice with authority to
23 contract with private and governmental entities to assist criminal justice agencies in
24 complying with certain data reporting requirements;
25 ▸ creates the public safety portal grant program; and
26 ▸ makes technical and conforming changes.
27 Money Appropriated in this Bill:
28 None
29 Other Special Clauses:
30 This bill provides a special effective date.
31 Utah Code Sections Affected:
32 AMENDS:
33 26B-1-427, as renumbered and amended by Laws of Utah 2023, Chapter 305
34 53E-3-516, as last amended by Laws of Utah 2023, Chapters 115, 161
35 63A-16-1001, as last amended by Laws of Utah 2023, Chapter 161
36 63A-16-1002, as last amended by Laws of Utah 2023, Chapters 158, 161, 382, and 448
37 63M-7-214, as last amended by Laws of Utah 2022, Chapter 390
38 63M-7-216, as last amended by Laws of Utah 2023, Chapter 330
39 63M-7-218, as last amended by Laws of Utah 2023, Chapters 158, 161 and 382
40 ENACTS:
41 63A-16-1003, Utah Code Annotated 1953
42
43 Be it enacted by the Legislature of the state of Utah:
44 Section 1. Section 26B-1-427 is amended to read:
45 26B-1-427. Alcohol Abuse Tracking Committee --Tracking effects of abuse of
46 alcoholic products.
47 (1) There is created a committee within the department known as the Alcohol Abuse
48 Tracking Committee that consists of:
49 (a) the executive director or the executive director's designee;
50 (b) the commissioner of the Department of Public Safety or the commissioner's
51 designee;
52 (c) the director of the Department of Alcoholic Beverage Services or that director's
53 designee;
54 (d) the executive director of the Department of Workforce Services or that executive
55 director's designee;
56 (e) the chair of the Utah Substance Use and Mental Health Advisory Council or the
57 chair's designee;
58 (f) the state court administrator or the state court administrator's designee; and
59 (g) the director of the Division of Technology Services or that director's designee.
60 (2) The executive director or the executive director's designee shall chair the
61 committee.
62 (3) (a) Four members of the committee constitute a quorum.
63 (b) A vote of the majority of the committee members present when a quorum is present
64 is an action of the committee.
65 (4) The committee shall meet at the call of the chair, except that the chair shall call a
66 meeting at least twice a year:
67 (a) with one meeting held each year to develop the report required under Subsection
68 (7); and
69 (b) with one meeting held to review and finalize the report before the report is issued.
70 (5) The committee may adopt additional procedures or requirements for:
71 (a) voting, when there is a tie of the committee members;
72 (b) how meetings are to be called; and
73 (c) the frequency of meetings.
74 (6) The committee shall establish a process to collect for each calendar year the
75 following information:
76 (a) the number of individuals statewide who are convicted of, plead guilty to, plead no
77 contest to, plead guilty in a similar manner to, or resolve by diversion or its equivalent to a
78 violation related to underage drinking of alcohol;
79 (b) the number of individuals statewide who are convicted of, plead guilty to, plead no
80 contest to, plead guilty in a similar manner to, or resolve by diversion or its equivalent to a
81 violation related to driving under the influence of alcohol;
82 (c) the number of violations statewide of Title 32B, Alcoholic Beverage Control Act,
83 related to over-serving or over-consumption of an alcoholic product;
84 (d) the cost of social services provided by the state related to abuse of alcohol,
85 including services provided by the Division of Child and Family Services;
86 (e) the location where the alcoholic products that result in the violations or costs
87 described in Subsections (6)(a) through (d) are obtained; and
88 (f) any information the committee determines can be collected and relates to the abuse
89 of alcoholic products.
90 (7) The committee shall:
91 (a) report the information collected under Subsection (6) annually to the governor [
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93 Commission on Criminal and Juvenile Justice by no later than the July 1 immediately
94 following the calendar year for which the information is collected; and
95 (b) provide all data collected before January 1, 2024, under Subsection (6) to the State
96 Commission on Criminal and Juvenile Justice.
97 Section 2. Section 53E-3-516 is amended to read:
98 53E-3-516. School disciplinary and law enforcement action report -- Rulemaking
99 authority.
100 (1) As used in this section:
101 (a) "Dangerous weapon" means the same as that term is defined in Section 53G-8-510.
102 [
103
104 (b) (i) "Law enforcement action" means a significant law enforcement interaction with
105 a minor.
106 (ii) "Law enforcement action" includes the following actions against a minor:
107 (A) a search and seizure Ĥ→ [
108 (B) an arrest;
109 (C) the issuance of a citation;
110 (D) the filing of a delinquency petition, indictment, or criminal information; Ĥ→ [
111 (E) a referral to the juvenile court Ĥ→ [
111a (F) use of force by a law enforcement officer. ←Ĥ
112 (c) "Law enforcement agency" means the same as that term is defined in Section
113 77-7a-103.
113a Ĥ→ (d) "Law enforcement officer" means the same as that term is defined in Section 53-13-
113b 103. ←Ĥ
114 Ĥ→ [
115 [
116
117 [
118 [
119 [
120 [
121 [
122 Ĥ→ [
122a formally
123 discipline a student of that public school.
124 (ii) "School disciplinary action" includes a suspension or an expulsion.
125 Ĥ→ [
125a school
126 conducts instruction for which student attendance is counted toward calculating average daily
127 membership.
128 Ĥ→ [
128a club, camp,
129 clinic, or other event or activity that is authorized by a specific public school, according to LEA
130 governing board policy, and satisfies at least one of the following conditions:
131 (A) the activity is managed or supervised by a school district, public school, or public
132 school employee;
133 (B) the activity uses the school district or public school facilities, equipment, or other
134 school resources; or
135 (C) the activity is supported or subsidized, more than inconsequentially, by public
136 funds, including the public school's activity funds or Minimum School Program dollars.
137 (ii) "School-sponsored activity" includes preparation for and involvement in a public
138 performance, contest, athletic competition, demonstration, display, or club activity.
139 Ĥ→ [
139a in
140 Section 53G-8-701.
141 (2) [
142 regarding the following incidents that occur on school grounds while school is in session or
143 during a school-sponsored activity:
144 [
145 [
146 [
147 [
148 (c) law enforcement actions.
149 (3) Pursuant to state and federal law, law enforcement agencies shall collaborate with
150 the state board and LEAs to provide and validate data and information necessary to complete
151 the report described in Subsection (2), as requested by an LEA or the state board.
152 (4) The report described in Subsection (2) shall include the following information
153 listed separately for each school in an LEA:
154 [
155
156 [
157 following information for each incident:
158 (i) the reason for the [
159 (ii) the type of [
160 [
161 information for each incident:
162 (i) the reason for the school disciplinary action; and
163 (ii) the type of school disciplinary action;
164 [
165 [
166 following are defined in Section 53G-9-601, bullying, hazing, cyber-bullying, or retaliation;
167 and
168 [
169 grounds while school is in session or during a school-sponsored activity.
170 (5) The report described in Subsection (2) shall include the following information, in
171 aggregate, for each element described in Subsections (4)(a) [
172 (a) age;
173 (b) grade level;
174 (c) race;
175 (d) sex; and
176 (e) disability status.
177 (6) Information included in the annual report described in Subsection (2) shall comply
178 with:
179 (a) Chapter 9, Part 3, Student Data Protection;
180 (b) Chapter 9, Part 2, Student Privacy; and
181 (c) the Family Education Rights and Privacy Act, 20 U.S.C. Secs. 1232g and 1232h.
182 (7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
183 state board shall make rules to compile the report described in Subsection (2).
184 (8) The state board shall provide the report described in Subsection (2):
185 (a) in accordance with Section 53E-1-203 for incidents that occurred during the
186 previous school year; and
187 (b) to the State Commission on Criminal and Juvenile Justice before July 1 of each
188 year for incidents that occurred during the previous school year.
189 Section 3. Section 63A-16-1001 is amended to read:
190 63A-16-1001. Definitions.
191 As used in this part:
192 (1) "Commission" means the State Commission on Criminal and Juvenile Justice
193 created in Section 63M-7-201.
194 (2) "Criminal justice agency" means an agency or institution directly involved in the
195 apprehension, prosecution, and incarceration of an individual involved in criminal activity,
196 including law enforcement, correctional facilities, jails, courts, probation, and parole.
197 [
198 [
199 63A-16-103.
200 (4) "Grant" means a grant awarded under Section 63A-16-1003.
201 (5) "Program" means the public safety portal grant program created in Section
202 63A-16-1003.
203 (6) "Public safety portal" means the data portal created in Section 63A-16-1002.
204 (7) "State board" means the State Board of Education.
205 Section 4. Section 63A-16-1002 is amended to read:
206 63A-16-1002. Public safety portal.
207 (1) The commission shall oversee the creation and management of a [
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209 to the commission[
210 state.
211 (2) The division shall assist with the development and management of the [
212 public safety portal.
213 (3) The division, in collaboration with the commission, shall create:
214 (a) master standards and formats for information submitted to the [
215 safety portal;
216 (b) a [
217 the information;
218 (c) a master data management index or system to assist in the retrieval of information
219 [
220 (d) a protocol for accessing information in the [
221 complies with state privacy regulations; and
222 (e) a protocol for real-time audit capability of all data accessed [
223 public safety portal by participating data source, data use entities, and regulators.
224 [
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227 [
228 required data described in:
229 (a) Section 13-53-111, recidivism reporting requirements;
230 (b) Section 17-22-32, county jail reporting requirements;
231 (c) Section 17-55-201, Criminal Justice Coordinating Councils reporting;
232 (d) Section 26B-1-427, Alcohol Abuse Tracking Committee;
233 [
234 [
235 [
236 enforcement agencies;
237 (h) Section 53E-3-516, school disciplinary and law enforcement action report;
238 [
239 [
240 [
241 [
242 [
243 [
244 inmates;
245 [
246 [
247 [
248 [
249 [
250 [
251 [
252 reporting of that data to the commission.
253 [
254 [
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256 [
257 Criminal Justice Interim Committee[
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260 (6) The commission may:
261 (a) enter into contracts with private or governmental entities to assist entities in
262 complying with the data reporting requirements of Subsection (4); and
263 (b) adopt, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
264 Act, rules to administer this section, including establishing requirements and procedures for
265 collecting the data described in Subsection (4).
266 Section 5. Section 63A-16-1003 is enacted to read:
267 63A-16-1003. Public safety portal grant program.
268 (1) (a) There is created within the commission the public safety portal grant program.
269 (b) The purpose of the program is to award grants to assist entities in complying with
270 the data reporting requirements described in Subsection 63A-16-1002(4).
271 (c) The program is funded with existing appropriations previously designated for the
272 purpose of facilitating data collection and any ongoing appropriations made by the Legislature
273 for the program.
274 (2) An entity that submits a proposal for a grant to the commission shall include details
275 in the proposal regarding:
276 (a) how the entity plans to use the grant to fulfill the purpose described in Subsection
277 (1)(b);
278 (b) any plan to use funding sources in addition to the grant for proposal;
279 (c) any existing or planned partnerships with another individual or entity to implement
280 the proposal; and
281 (d) other information the commission determines is necessary to evaluate the proposal.
282 (3) When evaluating a proposal for a grant, the commission shall consider:
283 (a) the likelihood that the proposal will accomplish the purpose described in
284 Subsection (1)(b);
285 (b) the cost of the proposal; and
286 (c) the viability and sustainability of the proposal.
287 (4) Subject to Subsection (2), the commission may make rules, in accordance with
288 Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish:
289 (a) eligibility criteria for a grant;
290 (b) the form and process for submitting a proposal to the commission for a grant;
291 (c) the method and formula for determining a grant amount; and
292 (d) reporting requirements for a grant recipient.
293 Section 6. Section 63M-7-214 is amended to read:
294 63M-7-214. Commission on Criminal and Juvenile Justice -- Grants.
295 (1) As used in this section:
296 (a) "Commission" means the Commission on Criminal and Juvenile Justice created in
297 Section 63M-7-201.
298 (b) "Law enforcement agency" means a state or local law enforcement agency.
299 (c) "Other appropriate agency" means a state or local government agency, or a
300 nonprofit organization, that works to prevent illegal drug activity and enforce laws regarding
301 illegal drug activity and related criminal activity by:
302 (i) programs, including education, prevention, treatment, and research programs; and
303 (ii) enforcement of laws regarding illegal drugs.
304 (2) The commission shall implement law enforcement operations and programs related
305 to reducing illegal drug activity as listed in Subsection (3).
306 (3) (a) The first priority of the commission is to annually allocate not more than
307 $2,500,000, depending upon funding available from other sources, to directly fund the
308 operational costs of state and local law enforcement agencies' drug or crime task forces,
309 including multijurisdictional task forces.
310 (b) The second priority of the commission is to allocate grants for specified law
311 enforcement agency functions and other agency functions as the commission finds appropriate
312 to more effectively reduce illegal drug activity and related criminal activity, including
313 providing education, prevention, treatment, and research programs.
314 (4) (a) In allocating grants and determining the amount of the grants to carry out the
315 purposes of Subsection (3), the commission shall consider:
316 (i) the demonstrated ability of the agency to appropriately use the grant to implement
317 the proposed functions and how this function or task force will add to the law enforcement
318 agency's current efforts to reduce illegal drug activity and related criminal activity; and
319 (ii) the agency's cooperation with other state and local agencies and task forces.
320 (b) Agencies qualify for a grant only if they demonstrate compliance with all reporting
321 and policy requirements applicable under this section and under Title 63M, Chapter 7,
322 Criminal Justice and Substance Abuse, in order to qualify as a potential grant recipient.
323 [
324
325
326 [
327 by the agency's governing body, and a determination that the grant money is nonlapsing.
328 [
329 only for the purposes stated by the commission in the grant.
330 [
331 the commission under this section shall prepare and file with the commission and the state
332 auditor a report in a form specified by the commission.
333 (b) The report shall include the following regarding each grant:
334 (i) the agency's name;
335 (ii) the amount of the grant;
336 (iii) the date of the grant;
337 (iv) how the grant has been used; and
338 (v) a statement signed by both the agency's or political subdivision's executive officer
339 or designee and by the agency's legal counsel, that all grant funds were used for law
340 enforcement operations and programs approved by the commission and that relate to reducing
341 illegal drug activity and related criminal activity, as specified in the grant.
342 Section 7. Section 63M-7-216 is amended to read:
343 63M-7-216. Prosecutorial data collection -- Policy transparency.
344 (1) As used in this section:
345 (a) "Commission" means the Commission on Criminal and Juvenile Justice created in
346 Section 63M-7-201.
347 (b) (i) "Criminal case" means a case where an offender is charged with an offense for
348 which a mandatory court appearance is required under the Uniform Bail Schedule.
349 (ii) "Criminal case" does not mean a case for criminal non-support under Section
350 76-7-201 or any proceeding involving collection or payment of child support, medical support,
351 or child care expenses by or on behalf of the Office of Recovery Services under Section
352 26B-9-108 or 76-7-202.
353 (c) "Offense tracking number" means a distinct number applied to each criminal
354 offense by the Bureau of Criminal Identification.
355 (d) "Pre-filing diversion" means an agreement between a prosecutor and an individual
356 prior to being charged with a crime, before an information or indictment is filed, in which the
357 individual is diverted from the traditional criminal justice system into a program of supervision
358 and supportive services in the community.
359 (e) "Post-filing diversion" is as described in Section 77-2-5.
360 (f) "Prosecutorial agency" means the Office of the Attorney General and any city,
361 county, or district attorney acting as a public prosecutor.
362 (g) "Publish" means to make aggregated data available to the general public.
363 (2) Beginning July 1, 2021, all prosecutorial agencies within the state shall submit the
364 following data with regards to each criminal case referred to it from a law enforcement agency
365 to the commission for compilation and analysis:
366 (a) the defendant's:
367 (i) full name;
368 (ii) offense tracking number;
369 (iii) date of birth; and
370 (iv) zip code;
371 (b) referring agency;
372 (c) whether the prosecutorial agency filed charges, declined charges, initiated a
373 pre-filing diversion, or asked the referring agency for additional information;
374 (d) if charges were filed, the case number and the court in which the charges were
375 filed;
376 (e) all charges brought against the defendant;
377 (f) whether bail was requested and, if so, the requested amount;
378 (g) the date of initial discovery disclosure;
379 (h) whether post-filing diversion was offered and, if so, whether it was entered;
380 (i) if post-filing diversion or other plea agreement was accepted, the date entered by the
381 court; and
382 (j) the date of conviction, acquittal, plea agreement, dismissal, or other disposition of
383 the case.
384 (3) (a) The information required by Subsection (2), including information that was
385 missing or incomplete at the time of an earlier submission but is presently available, shall be
386 submitted within 90 days of the last day of March, June, September, and December of each
387 year for the previous 90-day period in the form and manner selected by the commission.
388 (b) If the last day of the month is a Saturday, Sunday, or state holiday, the information
389 shall be submitted on the next working day.
390 (4) The prosecutorial agency shall maintain a record of all information collected and
391 transmitted to the commission for 10 years.
392 (5) The commission shall include in the plan required by Subsection 63M-7-204(1)(k)
393 an analysis of the data received, comparing and contrasting the practices and trends among and
394 between prosecutorial agencies in the state. The Law Enforcement and Criminal Justice Interim
395 Committee may request an in-depth analysis of the data received annually. Any request shall be
396 in writing and specify which data points the report shall focus on.
397 (6) The commission may provide assistance to prosecutorial agencies in setting up a
398 method of collecting and reporting data required by this section.
399 (7) Beginning January 1, 2021, all prosecutorial agencies shall publish specific office
400 policies. If the agency does not maintain a policy on a topic in this subsection, the agency shall
401 affirmatively disclose that fact. Policies shall be published online on the following topics:
402 (a) screening and filing criminal charges;
403 (b) plea bargains;
404 (c) sentencing recommendations;
405 (d) discovery practices;
406 (e) prosecution of juveniles, including whether to prosecute a juvenile as an adult;
407 (f) collection of fines and fees;
408 (g) criminal and civil asset forfeiture practices;
409 (h) services available to victims of crime, both internal to the prosecutorial office and
410 by referral to outside agencies;
411 (i) diversion programs; and
412 (j) restorative justice programs.
413 [
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416
417
418 [
419
420 Section 8. Section 63M-7-218 is amended to read:
421 63M-7-218. State grant requirements.
422 (1) [
423 may not award [
424 with, the reporting requirements in [
425 63A-16-1002(4).
426 (2) The commission may award a grant to an entity under Section 63A-16-1003 even if
427 the entity is not in compliance with the reporting requirements described in Subsection
428 63A-16-1002(4).
429 Section 9. Effective date.
430 If approved by two-thirds of all the members elected to each house, this bill takes effect
431 upon approval by the governor, or the day following the constitutional time limit of Utah
432 Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
433 the date of veto override.