Senator Chris H. Wilson proposes the following substitute bill:




Chief Sponsor: Chris H. Wilson

House Sponsor: Andrew Stoddard


8     General Description:
9          This bill addresses access to information included on the Sex and Kidnap Offender
10     Registry.
11     Highlighted Provisions:
12          This bill:
13          ▸     requires the Department of Corrections to make certain information collected by the
14     department for the purpose of registering sex and kidnap offenders searchable on
15     the Sex Offender and Kidnap Offender Notification and Registration website;
16          ▸     clarifies that the Department of Corrections is not required to report the results of
17     searches to a law enforcement agency;
18          ▸     prohibits the department from disclosing the name or other identifying information
19     of a sex or kidnap offender; and
20          ▸     makes technical and conforming changes.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:

26     AMENDS:
27          77-41-110, as last amended by Laws of Utah 2023, Chapter 123

29     Be it enacted by the Legislature of the state of Utah:
30          Section 1. Section 77-41-110 is amended to read:
31          77-41-110. Sex offender and kidnap offender registry -- Department to maintain.
32          (1) The department shall maintain a Sex Offender and Kidnap Offender Notification
33     and Registration website on the Internet, which shall contain a disclaimer informing the public:
34          (a) the information contained on the site is obtained from offenders and the department
35     does not guarantee its accuracy or completeness;
36          (b) members of the public are not allowed to use the information to harass or threaten
37     offenders or members of their families; and
38          (c) harassment, stalking, or threats against offenders or their families are prohibited and
39     doing so may violate Utah criminal laws.
40          (2) The Sex Offender and Kidnap Offender Notification and Registration website shall
41     be indexed by both the surname of the offender and by postal codes.
42          (3) The department shall construct the Sex Offender Notification and Registration
43     website so that users, before accessing registry information, must indicate that they have read
44     the disclaimer, understand it, and agree to comply with its terms.
45          (4) Except as provided in Subsection [(5)] (7), the Sex Offender and Kidnap Offender
46     Notification and Registration website shall include the following registry information:
47          (a) all names and aliases by which the offender is or has been known, but not including
48     any online or Internet identifiers;
49          (b) the addresses of the offender's primary, secondary, and temporary residences;
50          (c) a physical description, including the offender's date of birth, height, weight, and eye
51     and hair color;
52          (d) the make, model, color, year, and plate number of any vehicle or vehicles the
53     offender owns or regularly drives;
54          (e) a current photograph of the offender;
55          (f) a list of all professional licenses that authorize the offender to engage in an
56     occupation or carry out a trade or business;

57          (g) each educational institution in Utah at which the offender is employed, carries on a
58     vocation, or is a student;
59          (h) a list of places where the offender works as a volunteer; and
60          (i) the crimes listed in Subsections 77-41-102(10) and (18) that the offender has been
61     convicted of or for which the offender has been adjudicated delinquent in juvenile court.
62          (5) (a) The department shall enable the public to search the Sex and Kidnap Offender
63     Notification and Registration website to determine if the following search criteria are linked to
64     an offender:
65          (i) telephone numbers or other designations for an offender provided under Subsection
66     77-41-105(7)(h);
67          (ii) Internet identifiers or other addresses for an offender provided under Subsection
68     77-41-105(7)(i); and
69          (iii) names and Internet addresses of websites on which an offender is registered using
70     an online identifier, including the online identifier used to access the website.
71          (b) The department shall ensure that a search performed using the criteria in Subsection
72     (5)(a):
73          (i) provides the individual requesting the search with only information regarding
74     whether the criteria are linked to an offender; and
75          (ii) does not return the name or any other identifying information about an offender.
76          (c) The department is not required to:
77          (i) report the results of the search under Subsection (5) to a law enforcement agency; or
78          (ii) based on the results of a search under Subsection (5), open an investigation.
79          [(5)] (6) The department, [its] the department's personnel, and any individual or entity
80     acting at the request or upon the direction of the department are immune from civil liability for
81     damages for good faith compliance with this chapter and will be presumed to have acted in
82     good faith by reporting information.
83          [(6)] (7) The department shall redact information that, if disclosed, could reasonably
84     identify a victim.
85          Section 2. Effective date.
86          This bill takes effect on May 1, 2024.