This document includes House Committee Amendments incorporated into the bill on Wed, Feb 14, 2024 at 10:41 AM by housengrossing.
Representative Brian S. King proposes the following substitute bill:


1     
LAW ENFORCEMENT REPORTING REQUIREMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Brian S. King

5     
Senate Sponsor: Scott D. Sandall

6     

7     LONG TITLE
8     General Description:
9          This bill addresses law enforcement reporting requirements.
10     Highlighted Provisions:
11          This bill:
12          ▸     restructures law enforcement reporting requirements in Title 53, Public Safety
13     Code;
14          ▸     requires a law enforcement agency to report certain information on lawfully seized
15     firearms; and
16          ▸     makes technical and conforming changes.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          53-25-101, as enacted by Laws of Utah 2023, Chapter 427
24          63A-16-1002, as last amended by Laws of Utah 2023, Chapters 158, 161, 382, and 448
25          63M-7-204, as last amended by Laws of Utah 2023, Chapters 158, 330, 382, and 500
26     ENACTS:
27          53-25-501, Utah Code Annotated 1953
28     RENUMBERS AND AMENDS:
29          53-25-201, (Renumbered from 53-24-101, as enacted by Laws of Utah 2023, Chapter
30     158)
31          53-25-202, (Renumbered from 53-24-102, as enacted by Laws of Utah 2023, Chapter
32     158)
33          53-25-203, (Renumbered from 53-24-103, as enacted by Laws of Utah 2023, Chapter
34     158)
35          53-25-301, (Renumbered from 53-23-101, as enacted by Laws of Utah 2023, Chapter
36     382)
37          53-25-401, (Renumbered from 53-26-101, as enacted by Laws of Utah 2023, Chapter
38     500)
39     

40     Be it enacted by the Legislature of the state of Utah:
41          Section 1. Section 53-25-101 is amended to read:
42     
CHAPTER 25. LAW ENFORCEMENT REQUIREMENTS

43     
Part 1. Disclosure Restrictions

44          53-25-101. Prohibition on disclosure of identity of minor homicide victim.
45          (1) As used in this section:
46          (a) "Criminal homicide" means the same as that term is defined in Section 76-5-201.
47          (b) "Media outlet" means a bona fide newspaper, magazine, or broadcast media
48     enterprise, whether conducted on a for-profit or nonprofit basis, engaged in the business of
49     providing news and information to the general public.
50          (c) "Minor victim" means the victim of a criminal homicide if the victim is younger
51     than 18 years old.
52          (d) "Parent or legal guardian" does not include an individual who is a suspect or
53     defendant with respect to the criminal homicide.
54          (2) A law enforcement agency [and] or a law enforcement officer may not disclose [to
55     a representative of a media outlet] the name or other personally identifying information of a
56     minor victim [until] to a representative of a media outlet unless the law enforcement agency or
57     law enforcement officer has made a reasonable effort to obtain the consent of the minor
58     victim's parent or legal guardian for the disclosure.
59          Section 2. Section 53-25-201, which is renumbered from Section 53-24-101 is
60     renumbered and amended to read:
61     
Part 2. Sexual assault offense policy and reporting requirements

62          [53-24-101].      53-25-201. Sexual assault offense policy and public
63     information requirements for law enforcement agencies.
64          (1) (a) Beginning January 1, 2024, a law enforcement agency shall create and maintain
65     a policy regarding the law enforcement agency's processes for handling sexual assault
66     investigations.
67          (b) A policy described under Subsection (1)(a) shall include current best practices for
68     handling sexual assault investigations, including:
69          (i) protocols and training on responses to sexual trauma;
70          (ii) emergency response procedures, including prompt contact with the victim and the
71     preservation of evidence; and
72          (iii) referrals to sexual assault support services.
73          (c) A law enforcement agency shall publicly post on the law enforcement agency's
74     website the policy described in Subsection (1)(a).
75          (2) Beginning January 1, 2024, a law enforcement agency shall create and publicly post
76     on the law enforcement agency's website a guide for victims of sexual assault that includes:
77          (a) a description of the law enforcement agency's processes for handling sexual assault
78     investigations;
79          (b) contact information for victims of sexual assault to obtain more information from
80     the law enforcement agency; and
81          (c) referral information for sexual assault victim support services.
82          Section 3. Section 53-25-202, which is renumbered from Section 53-24-102 is
83     renumbered and amended to read:
84          [53-24-102].      53-25-202. Sexual assault offense reporting requirements for
85     law enforcement agencies.
86          (1) As used in this section:
87          (a) "Commission" means the State Commission on Criminal and Juvenile Justice
88     created in Section 63M-7-201.
89          (b) "Sexual assault offense" means:
90          (i) rape, Section 76-5-402;
91          (ii) rape of a child, Section 76-5-402.1;
92          (iii) object rape, Section 76-5-402.2;
93          (iv) object rape of a child, Section 76-5-402.3;
94          (v) forcible sodomy, Section 76-5-403;
95          (vi) sodomy on a child, Section 76-5-403.1;
96          (vii) forcible sexual abuse, Section 76-5-404;
97          (viii) sexual abuse of a child, Section 76-5-404.1;
98          (ix) aggravated sexual abuse of a child, Section 76-5-404.3;
99          (x) aggravated sexual assault, Section 76-5-405; or
100          (xi) sexual battery, Section 76-9-702.1.
101          (2) (a) Beginning January 1, 2025, a law enforcement agency shall annually, on or
102     before April 30, submit a report to the commission for the previous calendar year containing
103     the number of each type of sexual assault offense that:
104          (i) was reported to the law enforcement agency;
105          (ii) was investigated by a detective; and
106          (iii) was referred to a prosecutor for prosecution.
107          (b) A law enforcement agency shall:
108          (i) compile the report described in Subsection (2)(a) for each calendar year in the
109     standardized format developed by the commission under Subsection (3); and
110          (ii) publicly post the information reported in Subsection (2)(a) on the law enforcement
111     agency's website.
112          (3) The commission shall:
113          (a) develop a standardized format for reporting the data described in Subsection (2);
114          (b) compile the data submitted under Subsection (2); and
115          (c) annually on or before August 1, publish a report of the data described in Subsection
116     (2) on the commission's website.
117          Section 4. Section 53-25-203, which is renumbered from Section 53-24-103 is
118     renumbered and amended to read:
119          [53-24-103].      53-25-203. Exemption.
120          The provisions of this [chapter] part do not apply to a law enforcement agency created
121     under Section 41-3-104.
122          Section 5. Section 53-25-301, which is renumbered from Section 53-23-101 is
123     renumbered and amended to read:
124     
Part 3. Reporting requirements for reverse-location warrants

125          [53-23-101].      53-25-301. Reporting requirements for reverse-location
126     warrants.
127          (1) As used in this section:
128          (a) "Anonymized" means the same as that term is defined in Section 77-23f-101.
129          (b) "Commission" means the State Commission on Criminal and Juvenile Justice
130     created in Section 63M-7-201.
131          (c) "Electronic device" means the same as that term is defined in Section 77-23f-101.
132          (d) "Law enforcement agency" means the same as that term is defined in Section
133     77-23c-101.2.
134          (e) "Reverse-location information" means the same as that term is defined in Section
135     77-23f-101.
136          (f) "Reverse-location warrant" means a warrant seeking reverse-location information
137     under Section 77-23f-102, 77-23f-103, or 77-23f-104.
138          (2) (a) Beginning January 1, 2024, a law enforcement agency shall annually on or
139     before April 30 submit a report to the commission with the following data for the previous
140     calendar year:
141          (i) the number of reverse-location warrants requested by the law enforcement agency
142     under Section 77-23f-102, 77-23f-103, or 77-23f-104;
143          (ii) the number of reverse-location warrants that a court or magistrate granted after a
144     request described in Subsection (2)(a)(i);
145          (iii) the number of investigations that used information obtained under a
146     reverse-location warrant to investigate a crime that was not the subject of the reverse-location
147     warrant;
148          (iv) the number of times reverse-location information was obtained under an exception
149     listed in Section 77-23f-106;
150          (v) the warrant identification number for each warrant described under Subsection
151     (2)(a)(ii) or (iii); and
152          (vi) the number of electronic devices for which anonymized electronic device data was
153     obtained under each reverse-location warrant described under Subsection (2)(a)(ii).
154          (b) A law enforcement agency shall compile the report described in Subsection (2)(a)
155     for each year in the standardized format developed by the commission under Subsection (4).
156          (3) If a reverse-location warrant is requested by a multijurisdictional team of law
157     enforcement officers, the reporting requirement in this section is the responsibility of the
158     commanding agency or governing authority of the multijurisdictional team.
159          (4) The commission shall:
160          (a) develop a standardized format for reporting the data described in Subsection (2);
161          (b) compile the data submitted under Subsection (2); and
162          (c) annually on or before August 1, publish on the commission's website a report of the
163     data described in Subsection (2).
164          Section 6. Section 53-25-401, which is renumbered from Section 53-26-101 is
165     renumbered and amended to read:
166     
Part 4. Reporting requirements for genetic genealogy database utilizations

167          [53-26-101].      53-25-401. Law enforcement reporting requirements for
168     genetic genealogy database utilizations .
169          (1) As used in this section:
170          (a) "Commission" means the State Commission on Criminal and Juvenile Justice
171     created in Section 63M-7-201.
172          (b) "Genetic genealogy database utilization" means the same as that term is defined in
173     Section 53-10-403.7.
174          (c) "Law enforcement agency" means the same as that term is defined in Section
175     53-1-102.
176          (d) "Qualifying case" means the same as that term is defined in Section 53-10-403.7.
177          (2) (a) Beginning on January 1, 2024, a law enforcement agency shall annually on or
178     before April 30 submit a report to the commission with the following data for the previous
179     calendar year:
180          (i) the number of genetic genealogy database utilizations requested by the law
181     enforcement agency under Section 53-10-403.7; and
182          (ii) for each utilization described in Subsection (2)(a)(i):
183          (A) if applicable, the type of qualifying case;
184          (B) for a criminal investigation, the alleged offense;
185          (C) whether the case was a cold case, as that term is defined in Section 53-10-115, at
186     the time of the request for the utilization; and
187          (D) whether the results of the utilization revealed the identity of the owner of the DNA
188     specimen.
189          (b) A law enforcement agency shall compile the report described in Subsection (2)(a)
190     for each year in the standardized format developed by the commission under Subsection (4).
191          (3) If a genetic genealogy database utilization is requested by a multijurisdictional team
192     of law enforcement officers, the reporting requirement in this section is the responsibility of the
193     commanding agency or governing authority of the multijurisdictional team.
194          (4) The commission shall:
195          (a) develop a standardized format for reporting the data described in Subsection (2);
196          (b) compile the data submitted under Subsection (2), including the number of genetic
197     genealogy database utilizations requested by each reporting law enforcement agency; and
198          (c) annually on or before August 1, publish a report of the data described in Subsection
199     (2) on the commission's website.
200          Section 7. Section 53-25-501 is enacted to read:
201     
Part 5. Reporting requirements for seized firearms

202          53-25-501. Reporting requirements for seized firearms.
203          (1) As used in this section:
204          (a) "Commission" means the State Commission on Criminal and Juvenile Justice
205     created in Section 63M-7-201.
206          (b) "Firearm" means the same as that term is defined in Section 76-10-501.
207          (c) "Restricted person" means a Category I or Category II restricted person as defined
208     in Section 76-10-503.
209          (2) Beginning on July 1, 2026, a law enforcement agency Ĥ→ , not including the
209a     Department of Corrections, ←Ĥ shall annually on or before
210     April 30 report to the commission the following data for the previous calendar year:
211          (a) the number of firearms the law enforcement agency lawfully seized from restricted
212     persons;
213          (b) the types of firearms the law enforcement agency lawfully seized from restricted
214     persons;
215          (c) information on where the restricted persons obtained the firearms seized by the law
216     enforcement agency if the information is known or discoverable by the law enforcement
217     agency; and
218          (d) the reasons under Subsection 76-10-503(1)(a) or (b) that made the individuals who
219     had weapons seized restricted persons.
220          Section 8. Section 63A-16-1002 is amended to read:
221          63A-16-1002. Criminal and juvenile justice database.
222          (1) The commission shall oversee the creation and management of a criminal and
223     juvenile justice database for information and data required to be reported to the commission,
224     organized by county, and accessible to all criminal justice agencies in the state.
225          (2) The division shall assist with the development and management of the database.
226          (3) The division, in collaboration with the commission, shall create:
227          (a) master standards and formats for information submitted to the database;
228          (b) a portal, bridge, website, or other method for reporting entities to provide the
229     information;
230          (c) a master data management index or system to assist in the retrieval of information
231     in the database;
232          (d) a protocol for accessing information in the database that complies with state
233     privacy regulations; and
234          (e) a protocol for real-time audit capability of all data accessed through the portal by
235     participating data source, data use entities, and regulators.
236          (4) Each criminal justice agency charged with reporting information to the commission
237     shall provide the data or information to the database in a form prescribed by the commission.
238          (5) The database shall be the repository for the statutorily required data described in:
239          (a) Section 13-53-111, recidivism reporting requirements;
240          (b) Section 17-22-32, county jail reporting requirements;
241          (c) Section 17-55-201, Criminal Justice Coordinating Councils reporting;
242          (d) Section 41-6a-511, courts to collect and maintain data;
243          (e) Section [53-23-101] 53-25-301, reporting requirements for reverse-location
244     warrants;
245          (f) Section [53-24-102] 53-25-202, sexual assault offense reporting requirements for
246     law enforcement agencies;
247          (g) Section 53-25-501, reporting requirements for seized firearms;
248          [(g)] (h) Section 63M-7-214, law enforcement agency grant reporting;
249          [(h)] (i) Section 63M-7-216, prosecutorial data collection;
250          [(i)] (j) Section 64-13-21, supervision of sentenced offenders placed in community;
251          [(j)] (k) Section 64-13-25, standards for programs;
252          [(k)] (l) Section 64-13-45, department reporting requirements;
253          [(l)] (m) Section 64-13e-104, housing of state probationary inmates or state parole
254     inmates;
255          [(m)] (n) Section 77-7-8.5, use of tactical groups;
256          [(n)] (o) Section 77-11b-404, forfeiture reporting requirements;
257          [(o)] (p) Section 77-20-103, release data requirements;
258          [(p)] (q) Section 77-22-2.5, court orders for criminal investigations;
259          [(q)] (r) Section 78A-2-109.5, court demographics reporting;
260          [(r)] (s) Section 80-6-104, data collection on offenses committed by minors; and
261          [(s)] (t) any other statutes which require the collection of specific data and the reporting
262     of that data to the commission.
263          (6) The commission shall report:
264          (a) progress on the database, including creation, configuration, and data entered, to the
265     Law Enforcement and Criminal Justice Interim Committee not later than November 2022; and
266          (b) all data collected as of December 31, 2022, to the Law Enforcement and Criminal
267     Justice Interim Committee, the House Law Enforcement and Criminal Justice Standing
268     Committee, and the Senate Judiciary, Law Enforcement, and Criminal Justice Standing
269     Committee not later than January 16, 2023.
270          Section 9. Section 63M-7-204 is amended to read:
271          63M-7-204. Duties of commission.
272          (1) The State Commission on Criminal and Juvenile Justice administration shall:
273          (a) promote the commission's purposes as enumerated in Section 63M-7-201;
274          (b) promote the communication and coordination of all criminal and juvenile justice
275     agencies;
276          (c) study, evaluate, and report on the status of crime in the state and on the
277     effectiveness of criminal justice policies, procedures, and programs that are directed toward the
278     reduction of crime in the state;
279          (d) study, evaluate, and report on programs initiated by state and local agencies to
280     address reducing recidivism, including changes in penalties and sentencing guidelines intended
281     to reduce recidivism, costs savings associated with the reduction in the number of inmates, and
282     evaluation of expenses and resources needed to meet goals regarding the use of treatment as an
283     alternative to incarceration, as resources allow;
284          (e) study, evaluate, and report on policies, procedures, and programs of other
285     jurisdictions which have effectively reduced crime;
286          (f) identify and promote the implementation of specific policies and programs the
287     commission determines will significantly reduce crime in Utah;
288          (g) provide analysis and recommendations on all criminal and juvenile justice
289     legislation, state budget, and facility requests, including program and fiscal impact on all
290     components of the criminal and juvenile justice system;
291          (h) provide analysis, accountability, recommendations, and supervision for state and
292     federal criminal justice grant money;
293          (i) provide public information on the criminal and juvenile justice system and give
294     technical assistance to agencies or local units of government on methods to promote public
295     awareness;
296          (j) promote research and program evaluation as an integral part of the criminal and
297     juvenile justice system;
298          (k) provide a comprehensive criminal justice plan annually;
299          (l) review agency forecasts regarding future demands on the criminal and juvenile
300     justice systems, including specific projections for secure bed space;
301          (m) promote the development of criminal and juvenile justice information systems that
302     are consistent with common standards for data storage and are capable of appropriately sharing
303     information with other criminal justice information systems by:
304          (i) developing and maintaining common data standards for use by all state criminal
305     justice agencies;
306          (ii) annually performing audits of criminal history record information maintained by
307     state criminal justice agencies to assess their accuracy, completeness, and adherence to
308     standards;
309          (iii) defining and developing state and local programs and projects associated with the
310     improvement of information management for law enforcement and the administration of
311     justice; and
312          (iv) establishing general policies concerning criminal and juvenile justice information
313     systems and making rules as necessary to carry out the duties under Subsection (1)(k) and this
314     Subsection (1)(m);
315          (n) allocate and administer grants, from money made available, for approved education
316     programs to help prevent the sexual exploitation of children;
317          (o) allocate and administer grants for law enforcement operations and programs related
318     to reducing illegal drug activity and related criminal activity;
319          (p) request, receive, and evaluate data and recommendations collected and reported by
320     agencies and contractors related to policies recommended by the commission regarding
321     recidivism reduction, including the data described in Section 13-53-111 and Subsection
322     26B-5-102(2)(l);
323          (q) establish and administer a performance incentive grant program that allocates funds
324     appropriated by the Legislature to programs and practices implemented by counties that reduce
325     recidivism and reduce the number of offenders per capita who are incarcerated;
326          (r) oversee or designate an entity to oversee the implementation of juvenile justice
327     reforms;
328          (s) make rules and administer the juvenile holding room standards and juvenile jail
329     standards to align with the Juvenile Justice and Delinquency Prevention Act requirements
330     pursuant to 42 U.S.C. Sec. 5633;
331          (t) allocate and administer grants, from money made available, for pilot qualifying
332     education programs;
333          (u) oversee the trauma-informed justice program described in Section 63M-7-209;
334          (v) request, receive, and evaluate the aggregate data collected from prosecutorial
335     agencies and the Administrative Office of the Courts, in accordance with Sections 63M-7-216
336     and 78A-2-109.5;
337          (w) report annually to the Law Enforcement and Criminal Justice Interim Committee
338     on the progress made on each of the following goals of the Justice Reinvestment Initiative:
339          (i) ensuring oversight and accountability;
340          (ii) supporting local corrections systems;
341          (iii) improving and expanding reentry and treatment services; and
342          (iv) strengthening probation and parole supervision;
343          (x) compile a report of findings based on the data and recommendations provided
344     under Section 13-53-111 and Subsection 26B-5-102(2)(n) that:
345          (i) separates the data provided under Section 13-53-111 by each residential, vocational
346     and life skills program; and
347          (ii) separates the data provided under Subsection 26B-5-102(2)(n) by each mental
348     health or substance use treatment program;
349          (y) publish the report described in Subsection (1)(x) on the commission's website and
350     annually provide the report to the Judiciary Interim Committee, the Health and Human Services
351     Interim Committee, the Law Enforcement and Criminal Justice Interim Committee, and the
352     related appropriations subcommittees; and
353          (z) receive, compile, and publish on the commission's website the data provided under:
354          (i) Section [53-23-101] 53-25-202;
355          (ii) Section [53-24-102] 53-25-301; and
356          (iii) Section [53-26-101] 53-25-401.
357          (2) If the commission designates an entity under Subsection (1)(r), the commission
358     shall ensure that the membership of the entity includes representation from the three branches
359     of government and, as determined by the commission, representation from relevant stakeholder
360     groups across all parts of the juvenile justice system, including county representation.
361          Section 10. Effective date.
362          This bill takes effect on May 1, 2024.