1     
PUBLIC SAFETY DATA AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Ryan D. Wilcox

5     
Senate Sponsor: Kirk A. Cullimore

6     

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 [and
92     the Legislature], the Law Enforcement and Criminal Justice Interim Committee, and the State
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          [(b) "Disciplinary action" means an action by a public school meant to formally
103     discipline a student of that public school that includes a suspension or expulsion.]
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;
108          (B) an arrest;
109          (C) the issuance of a citation;
110          (D) the filing of a delinquency petition, indictment, or criminal information;
111          (E) a referral to the juvenile court; or
112          (F) use of force by a law enforcement officer.
113          (c) "Law enforcement agency" means the same as that term is defined in Section
114     77-7a-103.
115          (d) "Law enforcement officer" means the same as that term is defined in Section
116     53-13-103.
117          [(d)] (e) "Minor" means the same as that term is defined in Section 80-1-102.
118          [(e) "Other law enforcement activity" means a significant law enforcement interaction
119     with a minor that does not result in an arrest, including:]
120          [(i) a search and seizure by an SRO;]
121          [(ii) issuance of a criminal citation;]
122          [(iii) issuance of a ticket or summons;]
123          [(iv) filing a delinquency petition; or]
124          [(v) referral to a probation officer.]
125          (f) (i) "School disciplinary action" means an action by a public school to formally
126     discipline a student of that public school.
127          (ii) "School disciplinary action" includes a suspension or an expulsion.
128          [(f)] (g) "School is in session" means the hours of a day during which a public school
129     conducts instruction for which student attendance is counted toward calculating average daily
130     membership.
131          [(g)] (h) (i) "School-sponsored activity" means an activity, fundraising event, club,
132     camp, clinic, or other event or activity that is authorized by a specific public school, according
133     to LEA governing board policy, and satisfies at least one of the following conditions:
134          (A) the activity is managed or supervised by a school district, public school, or public
135     school employee;
136          (B) the activity uses the school district or public school facilities, equipment, or other
137     school resources; or
138          (C) the activity is supported or subsidized, more than inconsequentially, by public
139     funds, including the public school's activity funds or Minimum School Program dollars.
140          (ii) "School-sponsored activity" includes preparation for and involvement in a public
141     performance, contest, athletic competition, demonstration, display, or club activity.
142          [(h)] (i) " School resource officer" or "SRO" means the same as that term is defined in
143     Section 53G-8-701.
144          (2) [Beginning on July 1, 2023, the] The state board shall develop an annual report
145     regarding the following incidents that occur on school grounds while school is in session or
146     during a school-sponsored activity:
147          [(a) arrests of a minor;]
148          [(b) other law enforcement activities;]
149          [(c)] (a) school disciplinary actions; [and]
150          [(d)] (b) minors found in possession of a dangerous weapon[.]; and
151          (c) law enforcement actions.
152          (3) Pursuant to state and federal law, law enforcement agencies shall collaborate with
153     the state board and LEAs to provide and validate data and information necessary to complete
154     the report described in Subsection (2), as requested by an LEA or the state board.
155          (4) The report described in Subsection (2) shall include the following information
156     listed separately for each school in an LEA:
157          [(a) the number of arrests of a minor, including the reason why the minor was
158     arrested;]
159          [(b)] (a) the number of [other] law enforcement [activities] actions, including the
160     following information for each incident:
161          (i) the reason for the [other] law enforcement [activity] action; and
162          (ii) the type of [other] law enforcement [activity] action used;
163          [(c)] (b) the number of school disciplinary actions [imposed], including the following
164     information for each incident:
165          (i) the reason for the school disciplinary action; and
166          (ii) the type of school disciplinary action;
167          [(d)] (c) the number of SROs employed;
168          [(e)] (d) if applicable, the demographics of an individual who is subject to, as the
169     following are defined in Section 53G-9-601, bullying, hazing, cyber-bullying, or retaliation;
170     and
171          [(f)] (e) the number of minors found in possession of a dangerous weapon on school
172     grounds while school is in session or during a school-sponsored activity.
173          (5) The report described in Subsection (2) shall include the following information, in
174     aggregate, for each element described in Subsections (4)(a) [through (c)] and (b):
175          (a) age;
176          (b) grade level;
177          (c) race;
178          (d) sex; and
179          (e) disability status.
180          (6) Information included in the annual report described in Subsection (2) shall comply
181     with:
182          (a) Chapter 9, Part 3, Student Data Protection;
183          (b) Chapter 9, Part 2, Student Privacy; and
184          (c) the Family Education Rights and Privacy Act, 20 U.S.C. Secs. 1232g and 1232h.
185          (7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
186     state board shall make rules to compile the report described in Subsection (2).
187          (8) The state board shall provide the report described in Subsection (2):
188          (a) in accordance with Section 53E-1-203 for incidents that occurred during the
189     previous school year; and
190          (b) to the State Commission on Criminal and Juvenile Justice before July 1 of each
191     year for incidents that occurred during the previous school year.
192          Section 3. Section 63A-16-1001 is amended to read:
193          63A-16-1001. Definitions.
194          As used in this part:
195          (1) "Commission" means the State Commission on Criminal and Juvenile Justice
196     created in Section 63M-7-201.
197          (2) "Criminal justice agency" means an agency or institution directly involved in the
198     apprehension, prosecution, and incarceration of an individual involved in criminal activity,
199     including law enforcement, correctional facilities, jails, courts, probation, and parole.
200          [(3) "Database" means the criminal and juvenile justice database created in this part.]
201          [(4)] (3) "Division" means the Division of Technology Services created in Section
202     63A-16-103.
203          (4) "Grant" means a grant awarded under Section 63A-16-1003.
204          (5) "Program" means the public safety portal grant program created in Section
205     63A-16-1003.
206          (6) "Public safety portal" means the data portal created in Section 63A-16-1002.
207          (7) "State board" means the State Board of Education.
208          Section 4. Section 63A-16-1002 is amended to read:
209          63A-16-1002. Public safety portal.
210          (1) The commission shall oversee the creation and management of a [criminal and
211     juvenile justice database] public safety portal for information and data required to be reported
212     to the commission[, organized by county,] and accessible to all criminal justice agencies in the
213     state.
214          (2) The division shall assist with the development and management of the [database]
215     public safety portal.
216          (3) The division, in collaboration with the commission, shall create:
217          (a) master standards and formats for information submitted to the [database] public
218     safety portal;
219          (b) a [portal] gateway, bridge, website, or other method for reporting entities to provide
220     the information;
221          (c) a master data management index or system to assist in the retrieval of information
222     [in the database] from the public safety portal;
223          (d) a protocol for accessing information in the [database] public safety portal that
224     complies with state privacy regulations; and
225          (e) a protocol for real-time audit capability of all data accessed [through] from the
226     public safety portal by participating data source, data use entities, and regulators.
227          [(4) Each criminal justice agency charged with reporting information to the
228     commission shall provide the data or information to the database in a form prescribed by the
229     commission.]
230          [(5)] (4) The [database] public safety portal shall be the repository for the statutorily
231     required data described in:
232          (a) Section 13-53-111, recidivism reporting requirements;
233          (b) Section 17-22-32, county jail reporting requirements;
234          (c) Section 17-55-201, Criminal Justice Coordinating Councils reporting;
235          (d) Section 26B-1-427, Alcohol Abuse Tracking Committee;
236          [(d)] (e) Section 41-6a-511, courts to collect and maintain data;
237          [(e)] (f) Section 53-23-101, reporting requirements for reverse-location warrants;
238          [(f)] (g) Section 53-24-102, sexual assault offense reporting requirements for law
239     enforcement agencies;
240          (h) Section 53E-3-516, school disciplinary and law enforcement action report;
241          [(g)] (i) Section 63M-7-214, law enforcement agency grant reporting;
242          [(h)] (j) Section 63M-7-216, prosecutorial data collection;
243          [(i)] (k) Section 64-13-21, supervision of sentenced offenders placed in community;
244          [(j)] (l) Section 64-13-25, standards for programs;
245          [(k)] (m) Section 64-13-45, department reporting requirements;
246          [(l)] (n) Section 64-13e-104, housing of state probationary inmates or state parole
247     inmates;
248          [(m)] (o) Section 77-7-8.5, use of tactical groups;
249          [(n)] (p) Section 77-11b-404, forfeiture reporting requirements;
250          [(o)] (q) Section 77-20-103, release data requirements;
251          [(p)] (r) Section 77-22-2.5, court orders for criminal investigations;
252          [(q)] (s) Section 78A-2-109.5, court demographics reporting;
253          [(r)] (t) Section 80-6-104, data collection on offenses committed by minors; and
254          [(s)] (u) any other statutes which require the collection of specific data and the
255     reporting of that data to the commission.
256          [(6)] (5) [The] Before October 1, 2025, the commission shall report[:]
257          [(a) progress on the database, including creation, configuration, and data entered, to the
258     Law Enforcement and Criminal Justice Interim Committee not later than November 2022; and]
259          [(b)] all data collected [as of December 31, 2022,] to the Law Enforcement and
260     Criminal Justice Interim Committee[, the House Law Enforcement and Criminal Justice
261     Standing Committee, and the Senate Judiciary, Law Enforcement and Criminal Justice
262     Standing Committee not later than January 16, 2023].
263          (6) The commission may:
264          (a) enter into contracts with private or governmental entities to assist entities in
265     complying with the data reporting requirements of Subsection (4); and
266          (b) adopt, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
267     Act, rules to administer this section, including establishing requirements and procedures for
268     collecting the data described in Subsection (4).
269          Section 5. Section 63A-16-1003 is enacted to read:
270          63A-16-1003. Public safety portal grant program.
271          (1) (a) There is created within the commission the public safety portal grant program.
272          (b) The purpose of the program is to award grants to assist entities in complying with
273     the data reporting requirements described in Subsection 63A-16-1002(4).
274          (c) The program is funded with existing appropriations previously designated for the
275     purpose of facilitating data collection and any ongoing appropriations made by the Legislature
276     for the program.
277          (2) An entity that submits a proposal for a grant to the commission shall include details
278     in the proposal regarding:
279          (a) how the entity plans to use the grant to fulfill the purpose described in Subsection
280     (1)(b);
281          (b) any plan to use funding sources in addition to the grant for proposal;
282          (c) any existing or planned partnerships with another individual or entity to implement
283     the proposal; and
284          (d) other information the commission determines is necessary to evaluate the proposal.
285          (3) When evaluating a proposal for a grant, the commission shall consider:
286          (a) the likelihood that the proposal will accomplish the purpose described in
287     Subsection (1)(b);
288          (b) the cost of the proposal; and
289          (c) the viability and sustainability of the proposal.
290          (4) Subject to Subsection (2), the commission may make rules, in accordance with
291     Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish:
292          (a) eligibility criteria for a grant;
293          (b) the form and process for submitting a proposal to the commission for a grant;
294          (c) the method and formula for determining a grant amount; and
295          (d) reporting requirements for a grant recipient.
296          Section 6. Section 63M-7-214 is amended to read:
297          63M-7-214. Commission on Criminal and Juvenile Justice -- Grants.
298          (1) As used in this section:
299          (a) "Commission" means the Commission on Criminal and Juvenile Justice created in
300     Section 63M-7-201.
301          (b) "Law enforcement agency" means a state or local law enforcement agency.
302          (c) "Other appropriate agency" means a state or local government agency, or a
303     nonprofit organization, that works to prevent illegal drug activity and enforce laws regarding
304     illegal drug activity and related criminal activity by:
305          (i) programs, including education, prevention, treatment, and research programs; and
306          (ii) enforcement of laws regarding illegal drugs.
307          (2) The commission shall implement law enforcement operations and programs related
308     to reducing illegal drug activity as listed in Subsection (3).
309          (3) (a) The first priority of the commission is to annually allocate not more than
310     $2,500,000, depending upon funding available from other sources, to directly fund the
311     operational costs of state and local law enforcement agencies' drug or crime task forces,
312     including multijurisdictional task forces.
313          (b) The second priority of the commission is to allocate grants for specified law
314     enforcement agency functions and other agency functions as the commission finds appropriate
315     to more effectively reduce illegal drug activity and related criminal activity, including
316     providing education, prevention, treatment, and research programs.
317          (4) (a) In allocating grants and determining the amount of the grants to carry out the
318     purposes of Subsection (3), the commission shall consider:
319          (i) the demonstrated ability of the agency to appropriately use the grant to implement
320     the proposed functions and how this function or task force will add to the law enforcement
321     agency's current efforts to reduce illegal drug activity and related criminal activity; and
322          (ii) the agency's cooperation with other state and local agencies and task forces.
323          (b) Agencies qualify for a grant only if they demonstrate compliance with all reporting
324     and policy requirements applicable under this section and under Title 63M, Chapter 7,
325     Criminal Justice and Substance Abuse, in order to qualify as a potential grant recipient.
326          [(5) The commission shall allocate grants to local law enforcement agencies to assist in
327     complying with the requirements of Subsection 63A-16-1002(4). The commission shall only
328     use funds appropriated for this purpose for the grants.]
329          [(6)] (5) Recipient agencies may only use grant money after approval or appropriation
330     by the agency's governing body, and a determination that the grant money is nonlapsing.
331          [(7)] (6) A recipient law enforcement agency may use funds granted under this section
332     only for the purposes stated by the commission in the grant.
333          [(8)] (7) (a) For each fiscal year, any law enforcement agency that receives a grant from
334     the commission under this section shall prepare and file with the commission and the state
335     auditor a report in a form specified by the commission.
336          (b) The report shall include the following regarding each grant:
337          (i) the agency's name;
338          (ii) the amount of the grant;
339          (iii) the date of the grant;
340          (iv) how the grant has been used; and
341          (v) a statement signed by both the agency's or political subdivision's executive officer
342     or designee and by the agency's legal counsel, that all grant funds were used for law
343     enforcement operations and programs approved by the commission and that relate to reducing
344     illegal drug activity and related criminal activity, as specified in the grant.
345          Section 7. Section 63M-7-216 is amended to read:
346          63M-7-216. Prosecutorial data collection -- Policy transparency.
347          (1) As used in this section:
348          (a) "Commission" means the Commission on Criminal and Juvenile Justice created in
349     Section 63M-7-201.
350          (b) (i) "Criminal case" means a case where an offender is charged with an offense for
351     which a mandatory court appearance is required under the Uniform Bail Schedule.
352          (ii) "Criminal case" does not mean a case for criminal non-support under Section
353     76-7-201 or any proceeding involving collection or payment of child support, medical support,
354     or child care expenses by or on behalf of the Office of Recovery Services under Section
355     26B-9-108 or 76-7-202.
356          (c) "Offense tracking number" means a distinct number applied to each criminal
357     offense by the Bureau of Criminal Identification.
358          (d) "Pre-filing diversion" means an agreement between a prosecutor and an individual
359     prior to being charged with a crime, before an information or indictment is filed, in which the
360     individual is diverted from the traditional criminal justice system into a program of supervision
361     and supportive services in the community.
362          (e) "Post-filing diversion" is as described in Section 77-2-5.
363          (f) "Prosecutorial agency" means the Office of the Attorney General and any city,
364     county, or district attorney acting as a public prosecutor.
365          (g) "Publish" means to make aggregated data available to the general public.
366          (2) Beginning July 1, 2021, all prosecutorial agencies within the state shall submit the
367     following data with regards to each criminal case referred to it from a law enforcement agency
368     to the commission for compilation and analysis:
369          (a) the defendant's:
370          (i) full name;
371          (ii) offense tracking number;
372          (iii) date of birth; and
373          (iv) zip code;
374          (b) referring agency;
375          (c) whether the prosecutorial agency filed charges, declined charges, initiated a
376     pre-filing diversion, or asked the referring agency for additional information;
377          (d) if charges were filed, the case number and the court in which the charges were
378     filed;
379          (e) all charges brought against the defendant;
380          (f) whether bail was requested and, if so, the requested amount;
381          (g) the date of initial discovery disclosure;
382          (h) whether post-filing diversion was offered and, if so, whether it was entered;
383          (i) if post-filing diversion or other plea agreement was accepted, the date entered by the
384     court; and
385          (j) the date of conviction, acquittal, plea agreement, dismissal, or other disposition of
386     the case.
387          (3) (a) The information required by Subsection (2), including information that was
388     missing or incomplete at the time of an earlier submission but is presently available, shall be
389     submitted within 90 days of the last day of March, June, September, and December of each
390     year for the previous 90-day period in the form and manner selected by the commission.
391          (b) If the last day of the month is a Saturday, Sunday, or state holiday, the information
392     shall be submitted on the next working day.
393          (4) The prosecutorial agency shall maintain a record of all information collected and
394     transmitted to the commission for 10 years.
395          (5) The commission shall include in the plan required by Subsection 63M-7-204(1)(k)
396     an analysis of the data received, comparing and contrasting the practices and trends among and
397     between prosecutorial agencies in the state. The Law Enforcement and Criminal Justice Interim
398     Committee may request an in-depth analysis of the data received annually. Any request shall be
399     in writing and specify which data points the report shall focus on.
400          (6) The commission may provide assistance to prosecutorial agencies in setting up a
401     method of collecting and reporting data required by this section.
402          (7) Beginning January 1, 2021, all prosecutorial agencies shall publish specific office
403     policies. If the agency does not maintain a policy on a topic in this subsection, the agency shall
404     affirmatively disclose that fact. Policies shall be published online on the following topics:
405          (a) screening and filing criminal charges;
406          (b) plea bargains;
407          (c) sentencing recommendations;
408          (d) discovery practices;
409          (e) prosecution of juveniles, including whether to prosecute a juvenile as an adult;
410          (f) collection of fines and fees;
411          (g) criminal and civil asset forfeiture practices;
412          (h) services available to victims of crime, both internal to the prosecutorial office and
413     by referral to outside agencies;
414          (i) diversion programs; and
415          (j) restorative justice programs.
416          [(8) (a) A prosecutorial agency not in compliance with this section by July 1, 2022, in
417     accordance with the commission's guidelines may not receive grants or other funding intended
418     to assist with bringing the agency into compliance with this section. In addition, any funds
419     received for the purpose of bringing the agency into compliance with this section shall be
420     returned to the source of the funding.]
421          [(b) Only funding received from the commission by a prosecutorial agency specifically
422     intended to assist the agency with compliance with this section may be recalled.]
423          Section 8. Section 63M-7-218 is amended to read:
424          63M-7-218. State grant requirements.
425          (1) [Beginning July 1, 2023] Except as provided in Subsection (2), the commission
426     may not award [any] a grant of state funds to [any] an entity subject to, and not in compliance
427     with, the reporting requirements in [Subsections 63A-16-1002(5)(a) through (r)] Subsection
428     63A-16-1002(4).
429          (2) The commission may award a grant to an entity under Section 63A-16-1003 even if
430     the entity is not in compliance with the reporting requirements described in Subsection
431     63A-16-1002(4).
432          Section 9. Effective date.
433          If approved by two-thirds of all the members elected to each house, this bill takes effect
434     upon approval by the governor, or the day following the constitutional time limit of Utah
435     Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
436     the date of veto override.