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7 LONG TITLE
8 General Description:
9 This bill amends provisions relating to the Sex and Kidnap Offender Registry and the
10 Child Abuse Offender Registry.
11 Highlighted Provisions:
12 This bill:
13 ▸ merges the Sex and Kidnap Offender Registry and the Child Abuse Offender
14 Registry into a single registry called the "Sex, Kidnap, and Child Abuse Offender
15 Registry";
16 ▸ changes the length of time an offender must register on the Sex, Kidnap, and Child
17 Abuse Offender Registry when convicted of the crime of enticing a minor in certain
18 circumstance; and
19 ▸ makes technical and conforming changes.
20 Money Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 This bill provides a special effective date.
24 Utah Code Sections Affected:
25 AMENDS:
26 13-51-107, as last amended by Laws of Utah 2020, Chapters 276, 377
27 13-67-101, as enacted by Laws of Utah 2023, Chapter 31
28 26B-2-120, as last amended by Laws of Utah 2023, Chapter 344 and renumbered and
29 amended by Laws of Utah 2023, Chapter 305
30 53-3-205, as last amended by Laws of Utah 2023, Chapters 328, 454
31 53-3-216, as last amended by Laws of Utah 2019, Chapter 382
32 53-3-804, as last amended by Laws of Utah 2023, Chapter 328
33 53-3-806.5, as last amended by Laws of Utah 2019, Chapter 381
34 53-3-807, as last amended by Laws of Utah 2019, Chapters 381, 382
35 53-10-404, as last amended by Laws of Utah 2021, Chapter 262
36 63G-2-302, as last amended by Laws of Utah 2023, Chapters 329, 471
37 63G-7-301, as last amended by Laws of Utah 2023, Chapter 516
38 63M-7-801, as enacted by Laws of Utah 2023, Chapter 155
39 76-1-201, as last amended by Laws of Utah 2017, Chapter 282
40 76-1-202, as last amended by Laws of Utah 2017, Chapter 282
41 76-3-402, as last amended by Laws of Utah 2023, Chapter 132
42 76-5-401, as last amended by Laws of Utah 2023, Chapter 123
43 76-5-401.1, as last amended by Laws of Utah 2023, Chapter 123
44 76-5-401.3, as last amended by Laws of Utah 2023, Chapters 123, 161
45 76-9-702, as last amended by Laws of Utah 2023, Chapter 123
46 76-9-702.1, as last amended by Laws of Utah 2023, Chapter 123
47 77-2-2.3, as renumbered and amended by Laws of Utah 2021, Chapter 260
48 77-11c-101, as renumbered and amended by Laws of Utah 2023, Chapter 448
49 77-27-5.2, as enacted by Laws of Utah 2021, Chapter 410
50 77-27-21.7, as last amended by Laws of Utah 2023, Chapters 18, 117
51 77-27-21.8, as last amended by Laws of Utah 2015, Chapter 258
52 77-38-605, as last amended by Laws of Utah 2023, Chapter 237
53 77-40a-303, as last amended by Laws of Utah 2023, Chapter 265
54 77-40a-403, as last amended by Laws of Utah 2023, Chapter 265
55 77-41-102 (Effective 07/01/24), as last amended by Laws of Utah 2023, Chapters 123,
56 128
57 77-41-103 (Effective 07/01/24), as last amended by Laws of Utah 2023, Chapters 123,
58 128
59 77-41-105, as last amended by Laws of Utah 2023, Chapters 123, 124
60 77-41-106, as last amended by Laws of Utah 2023, Chapters 123, 457
61 77-41-107, as last amended by Laws of Utah 2023, Chapter 123
62 77-41-109, as last amended by Laws of Utah 2023, Chapter 123
63 77-41-110, as last amended by Laws of Utah 2023, Chapter 123
64 77-41-112 (Effective 07/01/24), as last amended by Laws of Utah 2023, Chapters 124,
65 128
66 77-41-113, as last amended by Laws of Utah 2023, Chapter 123
67 77-41-114, as enacted by Laws of Utah 2023, Chapter 123
68 78B-8-302, as last amended by Laws of Utah 2023, Chapters 49, 123
69 80-5-201, as last amended by Laws of Utah 2023, Chapter 123
70 REPEALS:
71 77-41-101, as enacted by Laws of Utah 2012, Chapter 145
72 77-43-101, as enacted by Laws of Utah 2017, Chapter 282
73 77-43-102 (Effective 07/01/24), as last amended by Laws of Utah 2023, Chapter 128
74 77-43-103, as enacted by Laws of Utah 2017, Chapter 282
75 77-43-104 (Effective 07/01/24), as last amended by Laws of Utah 2023, Chapter 128
76 77-43-105, as enacted by Laws of Utah 2017, Chapter 282
77 77-43-106, as enacted by Laws of Utah 2017, Chapter 282
78 77-43-107, as enacted by Laws of Utah 2017, Chapter 282
79 77-43-108, as enacted by Laws of Utah 2017, Chapter 282
80 77-43-109 (Effective 07/01/24), as last amended by Laws of Utah 2023, Chapter 128
81
82 Be it enacted by the Legislature of the state of Utah:
83 Section 1. Section 13-51-107 is amended to read:
84 13-51-107. Driver requirements.
85 (1) Before a transportation network company allows an individual to use the
86 transportation network company's software application as a transportation network driver, the
87 transportation network company shall:
88 (a) require the individual to submit to the transportation network company:
89 (i) the individual's name, address, and age;
90 (ii) a copy of the individual's driver license, including the driver license number; and
91 (iii) proof that the vehicle that the individual will use to provide transportation network
92 services is registered with the Division of Motor Vehicles;
93 (b) require the individual to consent to a criminal background check of the individual
94 by the transportation network company or the transportation network company's designee; and
95 (c) obtain and review a report that lists the individual's driving history.
96 (2) A transportation company may not allow an individual to provide transportation
97 network services as a transportation network driver if the individual:
98 (a) has committed more than three moving violations in the three years before the day
99 on which the individual applies to become a transportation network driver;
100 (b) has been convicted, in the seven years before the day on which the individual
101 applies to become a transportation network driver, of:
102 (i) driving under the influence of alcohol or drugs;
103 (ii) fraud;
104 (iii) a sexual offense;
105 (iv) a felony involving a motor vehicle;
106 (v) a crime involving property damage;
107 (vi) a crime involving theft;
108 (vii) a crime of violence; or
109 (viii) an act of terror;
110 (c) is required to register as a sex offender, kidnap offender, or child abuse offender in
111 accordance with [
112 41, Sex, Kidnap, and Child Abuse Offender Registry;
113 (d) does not have a valid Utah driver license; or
114 (e) is not at least 18 years [
115 (3) (a) A transportation network company shall prohibit a transportation network driver
116 from accepting a request for a prearranged ride if the motor vehicle that the transportation
117 network driver uses to provide transportation network services fails to comply with:
118 (i) equipment standards described in Section 41-6a-1601; and
119 (ii) emission requirements adopted by a county under Section 41-6a-1642.
120 (b) (i) If upon visual inspection, a defect relating to the equipment standards described
121 in Section 41-6a-1601 can be reasonably identified, an airport operator may perform a safety
122 inspection of a transportation network driver's vehicle operating within the airport to ensure
123 compliance with equipment standards described in Section 41-6a-1601.
124 (ii) An airport operator shall conduct all inspections under this Subsection (3) in such a
125 manner to minimize impact to the transportation network driver's and transportation network
126 company vehicle's availability to provide prearranged rides.
127 (4) A transportation network driver, while providing transportation network services,
128 shall carry proof, in physical or electronic form, that the transportation network driver is
129 covered by insurance that satisfies the requirements of Section 13-51-108.
130 Section 2. Section 13-67-101 is amended to read:
131 13-67-101. Definitions.
132 As used in this chapter:
133 (1) "Banned member" means a member whose account or profile is the subject of a
134 fraud ban.
135 (2) "Criminal background screening" means a name search for an individual's criminal
136 conviction and is conducted by searching:
137 (a) available and regularly updated government public record databases that in the
138 aggregate provide national coverage for criminal conviction records; or
139 (b) a regularly updated database with national coverage of criminal conviction records
140 and sexual offender registries maintained by a private vendor.
141 (3) (a) "Criminal conviction" means a conviction for a crime in this state, another state,
142 or under federal law.
143 (b) "Criminal conviction" includes an offense that would require registration under
144 [
145 and Child Abuse Offender Registry, or under a similar law in a different jurisdiction.
146 (4) "Division" means the Division of Consumer Protection in the Department of
147 Commerce.
148 (5) "Fraud ban" means the expulsion of a member from an online dating service
149 because, in the judgment of the online dating service provider, there is a significant risk the
150 member will attempt to obtain money from another member through fraudulent means.
151 (6) "Member" means an individual who submits to an online dating service provider
152 the information required by the online dating service provider to access the online dating
153 service provider's online dating service.
154 (7) "Online dating service" means a product or service that is:
155 (a) conducted through a website or a mobile application; and
156 (b) primarily marketed and intended to offer a member access to dating or romantic
157 relationships with another member by arranging or facilitating the social introduction of
158 members.
159 (8) "Online dating service provider" means a person predominately engaged in the
160 business of offering an online dating service.
161 (9) "Utah member" means a member who provides a Utah billing address or zip code
162 when registering with an online dating service provider.
163 Section 3. Section 26B-2-120 is amended to read:
164 26B-2-120. Background check -- Direct access to children or vulnerable adults.
165 (1) As used in this section:
166 (a) (i) "Applicant" means, notwithstanding Section 26B-2-101:
167 (A) an individual who applies for an initial license or certification or a license or
168 certification renewal under this part;
169 (B) an individual who is associated with a licensee and has or will likely have direct
170 access to a child or a vulnerable adult;
171 (C) an individual who provides respite care to a foster parent or an adoptive parent on
172 more than one occasion;
173 (D) a department contractor;
174 (E) an individual who transports a child for a youth transportation company;
175 (F) a guardian submitting an application on behalf of an individual, other than the child
176 or vulnerable adult who is receiving the service, if the individual is 12 years old or older and
177 resides in a home, that is licensed or certified by the office; or
178 (G) a guardian submitting an application on behalf of an individual, other than the
179 child or vulnerable adult who is receiving the service, if the individual is 12 years old or older
180 and is a person described in Subsection (1)(a)(i)(A), (B), (C), or (D).
181 (ii) "Applicant" does not include:
182 (A) an individual who is in the custody of the Division of Child and Family Services or
183 the Division of Juvenile Justice Services; or
184 (B) an individual who applies for employment with, or is employed by, the Department
185 of Health and Human Services.
186 (b) "Application" means a background screening application to the office.
187 (c) "Bureau" means the Bureau of Criminal Identification within the Department of
188 Public Safety, created in Section 53-10-201.
189 (d) "Certified peer support specialist" means the same as that term is defined in Section
190 26B-5-610.
191 (e) "Criminal finding" means a record of:
192 (i) an arrest or a warrant for an arrest;
193 (ii) charges for a criminal offense; or
194 (iii) a criminal conviction.
195 (f) "Incidental care" means occasional care, not in excess of five hours per week and
196 never overnight, for a foster child.
197 (g) "Mental health professional" means an individual who:
198 (i) is licensed under Title 58, Chapter 60, Mental Health Professional Practice Act; and
199 (ii) engaged in the practice of mental health therapy.
200 (h) "Non-criminal finding" means a record maintained in:
201 (i) the Division of Child and Family Services' Management Information System
202 described in Section 80-2-1001;
203 (ii) the Division of Child and Family Services' Licensing Information System described
204 in Section 80-2-1002;
205 (iii) the Division of Aging and Adult Services' vulnerable adult abuse, neglect, or
206 exploitation database described in Section 26B-6-210;
207 (iv) the Sex [
208
209 Abuse Offender Registry, or a national sex offender registry; or
210 (v) a state child abuse or neglect registry.
211 (i) (i) "Peer support specialist" means an individual who:
212 (A) has a disability or a family member with a disability, or is in recovery from a
213 mental illness or a substance use disorder; and
214 (B) uses personal experience to provide support, guidance, or services to promote
215 resiliency and recovery.
216 (ii) "Peer support specialist" includes a certified peer support specialist.
217 (iii) "Peer support specialist" does not include a mental health professional.
218 (j) "Personal identifying information" means:
219 (i) current name, former names, nicknames, and aliases;
220 (ii) date of birth;
221 (iii) physical address and email address;
222 (iv) telephone number;
223 (v) driver license or other government-issued identification;
224 (vi) social security number;
225 (vii) only for applicants who are 18 years old or older, fingerprints, in a form specified
226 by the office; and
227 (viii) other information specified by the office by rule made in accordance with Title
228 63G, Chapter 3, Utah Administrative Rulemaking Act.
229 (k) "Practice of mental health therapy" means the same as that term is defined in
230 Section 58-60-102.
231 (2) Except as provided in Subsection (12), an applicant or a representative shall submit
232 the following to the office:
233 (a) personal identifying information;
234 (b) a fee established by the office under Section 63J-1-504; and
235 (c) a disclosure form, specified by the office, for consent for:
236 (i) an initial background check upon submission of the information described in this
237 Subsection (2);
238 (ii) ongoing monitoring of fingerprints and registries until no longer associated with a
239 licensee for 90 days;
240 (iii) a background check when the office determines that reasonable cause exists; and
241 (iv) retention of personal identifying information, including fingerprints, for
242 monitoring and notification as described in Subsections (3)(d) and (4); and
243 (d) if an applicant resided outside of the United States and its territories during the five
244 years immediately preceding the day on which the information described in Subsections (2)(a)
245 through (c) is submitted to the office, documentation establishing whether the applicant was
246 convicted of a crime during the time that the applicant resided outside of the United States or
247 its territories.
248 (3) The office:
249 (a) shall perform the following duties as part of a background check of an applicant:
250 (i) check state and regional criminal background databases for the applicant's criminal
251 history by:
252 (A) submitting personal identifying information to the bureau for a search; or
253 (B) using the applicant's personal identifying information to search state and regional
254 criminal background databases as authorized under Section 53-10-108;
255 (ii) submit the applicant's personal identifying information and fingerprints to the
256 bureau for a criminal history search of applicable national criminal background databases;
257 (iii) search the Division of Child and Family Services' Licensing Information System
258 described in Section 80-2-1002;
259 (iv) if the applicant is applying to become a prospective foster or adoptive parent,
260 search the Division of Child and Family Services' Management Information System described
261 in Section 80-2-1001 for:
262 (A) the applicant; and
263 (B) any adult living in the applicant's home;
264 (v) for an applicant described in Subsection (1)(a)(i)(F), search the Division of Child
265 and Family Services' Management Information System described in Section 80-2-1001;
266 (vi) search the Division of Aging and Adult Services' vulnerable adult abuse, neglect,
267 or exploitation database described in Section 26B-6-210;
268 (vii) search the juvenile court records for substantiated findings of severe child abuse
269 or neglect described in Section 80-3-404; and
270 (viii) search the juvenile court arrest, adjudication, and disposition records, as provided
271 under Section 78A-6-209;
272 (b) shall conduct a background check of an applicant for an initial background check
273 upon submission of the information described in Subsection (2);
274 (c) may conduct all or portions of a background check of an applicant, as provided by
275 rule, made by the office in accordance with Title 63G, Chapter 3, Utah Administrative
276 Rulemaking Act:
277 (i) for an annual renewal; or
278 (ii) when the office determines that reasonable cause exists;
279 (d) may submit an applicant's personal identifying information, including fingerprints,
280 to the bureau for checking, retaining, and monitoring of state and national criminal background
281 databases and for notifying the office of new criminal activity associated with the applicant;
282 (e) shall track the status of an applicant under this section to ensure that the applicant is
283 not required to duplicate the submission of the applicant's fingerprints if the applicant applies
284 for:
285 (i) more than one license;
286 (ii) direct access to a child or a vulnerable adult in more than one human services
287 program; or
288 (iii) direct access to a child or a vulnerable adult under a contract with the department;
289 (f) shall track the status of each individual with direct access to a child or a vulnerable
290 adult and notify the bureau within 90 days after the day on which the license expires or the
291 individual's direct access to a child or a vulnerable adult ceases;
292 (g) shall adopt measures to strictly limit access to personal identifying information
293 solely to the individuals responsible for processing and entering the applications for
294 background checks and to protect the security of the personal identifying information the office
295 reviews under this Subsection (3);
296 (h) as necessary to comply with the federal requirement to check a state's child abuse
297 and neglect registry regarding any individual working in a congregate care program, shall:
298 (i) search the Division of Child and Family Services' Licensing Information System
299 described in Section 80-2-1002; and
300 (ii) require the child abuse and neglect registry be checked in each state where an
301 applicant resided at any time during the five years immediately preceding the day on which the
302 applicant submits the information described in Subsection (2) to the office; and
303 (i) shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
304 Rulemaking Act, to implement the provisions of this Subsection (3) relating to background
305 checks.
306 (4) (a) With the personal identifying information the office submits to the bureau under
307 Subsection (3), the bureau shall check against state and regional criminal background databases
308 for the applicant's criminal history.
309 (b) With the personal identifying information and fingerprints the office submits to the
310 bureau under Subsection (3), the bureau shall check against national criminal background
311 databases for the applicant's criminal history.
312 (c) Upon direction from the office, and with the personal identifying information and
313 fingerprints the office submits to the bureau under Subsection (3)(d), the bureau shall:
314 (i) maintain a separate file of the fingerprints for search by future submissions to the
315 local and regional criminal records databases, including latent prints; and
316 (ii) monitor state and regional criminal background databases and identify criminal
317 activity associated with the applicant.
318 (d) The bureau is authorized to submit the fingerprints to the Federal Bureau of
319 Investigation Next Generation Identification System, to be retained in the Federal Bureau of
320 Investigation Next Generation Identification System for the purpose of:
321 (i) being searched by future submissions to the national criminal records databases,
322 including the Federal Bureau of Investigation Next Generation Identification System and latent
323 prints; and
324 (ii) monitoring national criminal background databases and identifying criminal
325 activity associated with the applicant.
326 (e) The Bureau shall notify and release to the office all information of criminal activity
327 associated with the applicant.
328 (f) Upon notice that an individual's direct access to a child or a vulnerable adult has
329 ceased for 90 days, the bureau shall:
330 (i) discard and destroy any retained fingerprints; and
331 (ii) notify the Federal Bureau of Investigation when the license has expired or an
332 individual's direct access to a child or a vulnerable adult has ceased, so that the Federal Bureau
333 of Investigation will discard and destroy the retained fingerprints from the Federal Bureau of
334 Investigation Next Generation Identification System.
335 (5) (a) Except as provided in Subsection (5)(b), after conducting the background check
336 described in Subsections (3) and (4), the office shall deny an application to an applicant who,
337 within three years before the day on which the applicant submits information to the office
338 under Subsection (2) for a background check, has been convicted of:
339 (i) a felony or misdemeanor involving conduct that constitutes any of the following:
340 (A) an offense identified as domestic violence, lewdness, voyeurism, battery, cruelty to
341 animals, or bestiality;
342 (B) a violation of any pornography law, including sexual exploitation of a minor or
343 aggravated sexual exploitation of a minor;
344 (C) sexual solicitation;
345 (D) an offense included in Title 76, Chapter 5, Offenses Against the Individual, Title
346 76, Chapter 5b, Sexual Exploitation Act, Title 76, Chapter 4, Part 4, Enticement of a Minor, or
347 Title 76, Chapter 7, Offenses Against the Family;
348 (E) aggravated arson, as described in Section 76-6-103;
349 (F) aggravated burglary, as described in Section 76-6-203;
350 (G) aggravated robbery, as described in Section 76-6-302;
351 (H) identity fraud crime, as described in Section 76-6-1102;
352 (I) sexual battery, as described in Section 76-9-702.1; or
353 (J) a violent offense committed in the presence of a child, as described in Section
354 76-3-203.10; or
355 (ii) a felony or misdemeanor offense committed outside of the state that, if committed
356 in the state, would constitute a violation of an offense described in Subsection (5)(a)(i).
357 (b) (i) Subsection (5)(a) does not apply to an applicant who is seeking a position as a
358 peer support provider, a mental health professional, or in a program that serves only adults with
359 a primary mental health diagnosis, with or without a co-occurring substance use disorder.
360 (ii) The office shall conduct a comprehensive review of an applicant described in
361 Subsection (5)(b)(i) in accordance with Subsection (6).
362 (6) The office shall conduct a comprehensive review of an applicant's background
363 check if the applicant:
364 (a) has a felony or class A misdemeanor conviction for an offense described in
365 Subsection (5) with a date of conviction that is more than three years before the date on which
366 the applicant submits the information described in Subsection (2);
367 (b) has a felony charge or conviction for an offense not described in Subsection (5)
368 with a date of charge or conviction that is no more than 10 years before the date on which the
369 applicant submits the application under Subsection (2) and no criminal findings or
370 non-criminal findings after the date of conviction;
371 (c) has a class B misdemeanor or class C misdemeanor conviction for an offense
372 described in Subsection (5) with a date of conviction that is more than three years after, and no
373 more than 10 years before, the date on which the applicant submits the information described
374 in Subsection (2) and no criminal findings or non-criminal findings after the date of conviction;
375 (d) has a misdemeanor conviction for an offense not described in Subsection (5) with a
376 date of conviction that is no more than three years before the date on which the applicant
377 submits information described in Subsection (2) and no criminal findings or non-criminal
378 findings after the date of conviction;
379 (e) is currently subject to a plea in abeyance or diversion agreement for an offense
380 described in Subsection (5);
381 (f) appears on the Sex [
382 [
383 and Child Abuse Offender Registry, or a national sex offender registry;
384 (g) has a record of an adjudication in juvenile court for an act that, if committed by an
385 adult, would be a felony or misdemeanor, if the applicant is:
386 (i) under 28 years old; or
387 (ii) 28 years old or older and has been convicted of, has pleaded no contest to, or is
388 currently subject to a plea in abeyance or diversion agreement for a felony or a misdemeanor
389 offense described in Subsection (5);
390 (h) has a pending charge for an offense described in Subsection (5);
391 (i) has a listing in the Division of Child and Family Services' Licensing Information
392 System described in Section 80-2-1002 that occurred no more than 15 years before the date on
393 which the applicant submits the information described in Subsection (2) and no criminal
394 findings or non-criminal findings dated after the date of the listing;
395 (j) has a listing in the Division of Aging and Adult Services' vulnerable adult abuse,
396 neglect, or exploitation database described in Section 26B-6-210 that occurred no more than 15
397 years before the date on which the applicant submits the information described in Subsection
398 (2) and no criminal findings or non-criminal findings dated after the date of the listing;
399 (k) has a substantiated finding of severe child abuse or neglect under Section 80-3-404
400 or 80-3-504 that occurred no more than 15 years before the date on which the applicant submits
401 the information described in Subsection (2) and no criminal findings or non-criminal findings
402 dated after the date of the finding;
403 (l) (i) is seeking a position:
404 (A) as a peer support provider;
405 (B) as a mental health professional; or
406 (C) in a program that serves only adults with a primary mental health diagnosis, with or
407 without a co-occurring substance use disorder; and
408 (ii) within three years before the day on which the applicant submits the information
409 described in Subsection (2):
410 (A) has a felony or misdemeanor charge or conviction;
411 (B) has a listing in the Division of Child and Family Services' Licensing Information
412 System described in Section 80-2-1002;
413 (C) has a listing in the Division of Aging and Adult Services' vulnerable adult abuse,
414 neglect, or exploitation database described in Section 26B-6-210; or
415 (D) has a substantiated finding of severe child abuse or neglect under Section 80-3-404
416 or 80-3-504;
417 (m) (i) (A) is seeking a position in a congregate care program;
418 (B) is seeking to become a prospective foster or adoptive parent; or
419 (C) is an applicant described in Subsection (1)(a)(i)(F); and
420 (ii) (A) has an infraction conviction for conduct that constitutes an offense or violation
421 described in Subsection (5)(a)(i)(A) or (B);
422 (B) has a listing in the Division of Child and Family Services' Licensing Information
423 System described in Section 80-2-1002;
424 (C) has a listing in the Division of Aging and Adult Services' vulnerable adult abuse,
425 neglect, or exploitation database described in Section 26B-6-210;
426 (D) has a substantiated finding of severe child abuse or neglect under Section 80-3-404
427 or 80-3-504; or
428 (E) has a listing on the registry check described in Subsection (13)(a) as having a
429 substantiated or supported finding of a severe type of child abuse or neglect as defined in
430 Section 80-1-102; or
431 (n) is seeking to become a prospective foster or adoptive parent and has, or has an adult
432 living with the applicant who has, a conviction, finding, or listing described in Subsection
433 (6)(m)(ii).
434 (7) (a) The comprehensive review shall include an examination of:
435 (i) the date of the offense or incident;
436 (ii) the nature and seriousness of the offense or incident;
437 (iii) the circumstances under which the offense or incident occurred;
438 (iv) the age of the perpetrator when the offense or incident occurred;
439 (v) whether the offense or incident was an isolated or repeated incident;
440 (vi) whether the offense or incident directly relates to abuse of a child or vulnerable
441 adult, including:
442 (A) actual or threatened, nonaccidental physical, mental, or financial harm;
443 (B) sexual abuse;
444 (C) sexual exploitation; or
445 (D) negligent treatment;
446 (vii) any evidence provided by the applicant of rehabilitation, counseling, psychiatric
447 treatment received, or additional academic or vocational schooling completed; and
448 (viii) the applicant's risk of harm to clientele in the program or in the capacity for
449 which the applicant is applying.
450 (b) At the conclusion of the comprehensive review, the office shall deny an application
451 to an applicant if the office finds:
452 (i) that approval would likely create a risk of harm to a child or a vulnerable adult; or
453 (ii) an individual is prohibited from having direct access to a child or vulnerable adult
454 by court order.
455 (8) The office shall approve an application to an applicant who is not denied under this
456 section.
457 (9) (a) The office may conditionally approve an application of an applicant, for a
458 maximum of 60 days after the day on which the office sends written notice to the applicant
459 under Subsection (11), without requiring that the applicant be directly supervised, if the office:
460 (i) is awaiting the results of the criminal history search of national criminal background
461 databases; and
462 (ii) would otherwise approve an application of the applicant under this section.
463 (b) The office may conditionally approve an application of an applicant, for a
464 maximum of one year after the day on which the office sends written notice to the applicant
465 under Subsection (11), without requiring that the applicant be directly supervised if the office:
466 (i) is awaiting the results of an out-of-state registry for providers other than foster and
467 adoptive parents; and
468 (ii) would otherwise approve an application of the applicant under this section.
469 (c) Upon receiving the results of the criminal history search of a national criminal
470 background database, the office shall approve or deny the application of the applicant in
471 accordance with this section.
472 (10) (a) A licensee or department contractor may not permit an individual to have
473 direct access to a child or a vulnerable adult without being directly supervised unless:
474 (i) the individual is associated with the licensee or department contractor and the
475 department conducts a background screening in accordance with this section;
476 (ii) the individual is the parent or guardian of the child, or the guardian of the
477 vulnerable adult;
478 (iii) the individual is approved by the parent or guardian of the child, or the guardian of
479 the vulnerable adult, to have direct access to the child or the vulnerable adult;
480 (iv) the individual is only permitted to have direct access to a vulnerable adult who
481 voluntarily invites the individual to visit; or
482 (v) the individual only provides incidental care for a foster child on behalf of a foster
483 parent who has used reasonable and prudent judgment to select the individual to provide the
484 incidental care for the foster child.
485 (b) Notwithstanding any other provision of this section, an individual for whom the
486 office denies an application may not have direct access to a child or vulnerable adult unless the
487 office approves a subsequent application by the individual.
488 (11) (a) Within 30 days after the day on which the applicant submits the information
489 described in Subsection (2), the office shall notify the applicant of any potentially disqualifying
490 criminal findings or non-criminal findings.
491 (b) If the notice under Subsection (11)(a) states that the applicant's application is
492 denied, the notice shall further advise the applicant that the applicant may, under Subsection
493 26B-2-111(2), request a hearing in the department's Office of Administrative Hearings, to
494 challenge the office's decision.
495 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
496 office shall make rules, consistent with this part:
497 (i) defining procedures for the challenge of the office's background check decision
498 described in Subsection (11)(b); and
499 (ii) expediting the process for renewal of a license under the requirements of this
500 section and other applicable sections.
501 (12) (a) An individual or a department contractor who provides services in an adults
502 only substance use disorder program, as defined by rule made in accordance with Title 63G,
503 Chapter 3, Utah Administrative Rulemaking Act, is exempt from this section.
504 (b) The exemption described in Subsection (12)(a) does not extend to a program
505 director or a member, as defined by Section 26B-2-105, of the program.
506 (13) (a) Except as provided in Subsection (13)(b), in addition to the other requirements
507 of this section, if the background check of an applicant is being conducted for the purpose of
508 giving clearance status to an applicant seeking a position in a congregate care program or an
509 applicant seeking to become a prospective foster or adoptive parent, the office shall:
510 (i) check the child abuse and neglect registry in each state where each applicant resided
511 in the five years immediately preceding the day on which the applicant applied to be a foster or
512 adoptive parent, to determine whether the prospective foster or adoptive parent is listed in the
513 registry as having a substantiated or supported finding of child abuse or neglect; and
514 (ii) check the child abuse and neglect registry in each state where each adult living in
515 the home of the applicant described in Subsection (13)(a)(i) resided in the five years
516 immediately preceding the day on which the applicant applied to be a foster or adoptive parent,
517 to determine whether the adult is listed in the registry as having a substantiated or supported
518 finding of child abuse or neglect.
519 (b) The requirements described in Subsection (13)(a) do not apply to the extent that:
520 (i) federal law or rule permits otherwise; or
521 (ii) the requirements would prohibit the Division of Child and Family Services or a
522 court from placing a child with:
523 (A) a noncustodial parent under Section 80-2a-301, 80-3-302, or 80-3-303; or
524 (B) a relative, other than a noncustodial parent, under Section 80-2a-301, 80-3-302, or
525 80-3-303, pending completion of the background check described in Subsection (5).
526 (c) Notwithstanding Subsections (5) through (10), the office shall deny a clearance to
527 an applicant seeking a position in a congregate care program or an applicant to become a
528 prospective foster or adoptive parent if the applicant has been convicted of:
529 (i) a felony involving conduct that constitutes any of the following:
530 (A) child abuse, as described in Sections 76-5-109, 76-5-109.2, and 76-5-109.3;
531 (B) commission of domestic violence in the presence of a child, as described in Section
532 76-5-114;
533 (C) abuse or neglect of a child with a disability, as described in Section 76-5-110;
534 (D) endangerment of a child or vulnerable adult, as described in Section 76-5-112.5;
535 (E) aggravated murder, as described in Section 76-5-202;
536 (F) murder, as described in Section 76-5-203;
537 (G) manslaughter, as described in Section 76-5-205;
538 (H) child abuse homicide, as described in Section 76-5-208;
539 (I) homicide by assault, as described in Section 76-5-209;
540 (J) kidnapping, as described in Section 76-5-301;
541 (K) child kidnapping, as described in Section 76-5-301.1;
542 (L) aggravated kidnapping, as described in Section 76-5-302;
543 (M) human trafficking of a child, as described in Section 76-5-308.5;
544 (N) an offense described in Title 76, Chapter 5, Part 4, Sexual Offenses;
545 (O) sexual exploitation of a minor, as described in Title 76, Chapter 5b, Sexual
546 Exploitation Act;
547 (P) aggravated exploitation of a minor, as described in Section 76-5b-201.1;
548 (Q) aggravated arson, as described in Section 76-6-103;
549 (R) aggravated burglary, as described in Section 76-6-203;
550 (S) aggravated robbery, as described in Section 76-6-302;
551 (T) lewdness involving a child, as described in Section 76-9-702.5;
552 (U) incest, as described in Section 76-7-102; or
553 (V) domestic violence, as described in Section 77-36-1; or
554 (ii) an offense committed outside the state that, if committed in the state, would
555 constitute a violation of an offense described in Subsection (13)(c)(i).
556 (d) Notwithstanding Subsections (5) through (10), the office shall deny a license or
557 license renewal to an individual seeking a position in a congregate care program or a
558 prospective foster or adoptive parent if, within the five years immediately preceding the day on
559 which the individual's application or license would otherwise be approved, the individual was
560 convicted of a felony involving conduct that constitutes a violation of any of the following:
561 (i) aggravated assault, as described in Section 76-5-103;
562 (ii) aggravated assault by a prisoner, as described in Section 76-5-103.5;
563 (iii) mayhem, as described in Section 76-5-105;
564 (iv) an offense described in Title 58, Chapter 37, Utah Controlled Substances Act;
565 (v) an offense described in Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
566 (vi) an offense described in Title 58, Chapter 37b, Imitation Controlled Substances
567 Act;
568 (vii) an offense described in Title 58, Chapter 37c, Utah Controlled Substance
569 Precursor Act; or
570 (viii) an offense described in Title 58, Chapter 37d, Clandestine Drug Lab Act.
571 (e) In addition to the circumstances described in Subsection (6), the office shall
572 conduct the comprehensive review of an applicant's background check under this section if the
573 registry check described in Subsection (13)(a) indicates that the individual is listed in a child
574 abuse and neglect registry of another state as having a substantiated or supported finding of a
575 severe type of child abuse or neglect as defined in Section 80-1-102.
576 (14) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
577 the office may make rules, consistent with this part, to:
578 (a) establish procedures for, and information to be examined in, the comprehensive
579 review described in Subsections (6) and (7); and
580 (b) determine whether to consider an offense or incident that occurred while an
581 individual was in the custody of the Division of Child and Family Services or the Division of
582 Juvenile Justice Services for purposes of approval or denial of an application for a prospective
583 foster or adoptive parent.
584 Section 4. Section 53-3-205 is amended to read:
585 53-3-205. Application for license or endorsement -- Fee required -- Tests --
586 Expiration dates of licenses and endorsements -- Information required -- Previous
587 licenses surrendered -- Driving record transferred from other states -- Reinstatement --
588 Fee required -- License agreement.
589 (1) An application for an original license, provisional license, or endorsement shall be:
590 (a) made upon a form furnished by the division; and
591 (b) accompanied by a nonrefundable fee set under Section 53-3-105.
592 (2) An application and fee for an original provisional class D license or an original
593 class D license entitle the applicant to:
594 (a) not more than three attempts to pass both the knowledge and the skills tests for a
595 class D license within six months after the date of the application;
596 (b) a learner permit if needed pending completion of the application and testing
597 process; and
598 (c) an original class D license and license certificate after all tests are passed and
599 requirements are completed.
600 (3) An application and fee for a motorcycle or taxicab endorsement entitle the
601 applicant to:
602 (a) not more than three attempts to pass both the knowledge and skills tests within six
603 months after the date of the application;
604 (b) a motorcycle learner permit after the motorcycle knowledge test is passed; and
605 (c) a motorcycle or taxicab endorsement when all tests are passed.
606 (4) An application for a commercial class A, B, or C license entitles the applicant to:
607 (a) not more than two attempts to pass a knowledge test when accompanied by the fee
608 provided in Subsection 53-3-105(18);
609 (b) not more than two attempts to pass a skills test when accompanied by a fee in
610 Subsection 53-3-105(19) within six months after the date of application;
611 (c) both a commercial driver instruction permit and a temporary license permit for the
612 license class held before the applicant submits the application if needed after the knowledge
613 test is passed; and
614 (d) an original commercial class A, B, or C license and license certificate when all
615 applicable tests are passed.
616 (5) An application and fee for a CDL endorsement entitle the applicant to:
617 (a) not more than two attempts to pass a knowledge test and not more than two
618 attempts to pass a skills test within six months after the date of the application; and
619 (b) a CDL endorsement when all tests are passed.
620 (6) (a) If a CDL applicant does not pass a knowledge test, skills test, or an endorsement
621 test within the number of attempts provided in Subsection (4) or (5), each test may be taken
622 two additional times within the six months for the fee provided in Section 53-3-105.
623 (b) (i) An out-of-state resident who holds a valid CDIP issued by a state or jurisdiction
624 that is compliant with 49 C.F.R. Part 383 may take a skills test administered by the division if
625 the out-of-state resident pays the fee provided in Subsection 53-3-105(19).
626 (ii) The division shall:
627 (A) electronically transmit skills test results for an out-of-state resident to the licensing
628 agency in the state or jurisdiction in which the out-of-state resident has obtained a valid CDIP;
629 and
630 (B) provide the out-of-state resident with documentary evidence upon successful
631 completion of the skills test.
632 (7) (a) (i) Except as provided under Subsections (7)(a)(ii), (f), and (g), an original class
633 D license expires on the birth date of the applicant in the eighth year after the year the license
634 certificate was issued.
635 (ii) An original provisional class D license expires on the birth date of the applicant in
636 the fifth year following the year the license certificate was issued.
637 (iii) Except as provided in Subsection (7)(f), a limited term class D license expires on
638 the birth date of the applicant in the fifth year the license certificate was issued.
639 (b) Except as provided under Subsections (7)(f) and (g), a renewal or an extension to a
640 license expires on the birth date of the licensee in the eighth year after the expiration date of the
641 license certificate renewed or extended.
642 (c) Except as provided under Subsections (7)(f) and (g), a duplicate license expires on
643 the same date as the last license certificate issued.
644 (d) An endorsement to a license expires on the same date as the license certificate
645 regardless of the date the endorsement was granted.
646 (e) (i) A regular license certificate and an endorsement to the regular license certificate
647 held by an individual described in Subsection (7)(e)(ii), that expires during the time period the
648 individual is stationed outside of the state, is valid until 90 days after the individual's orders are
649 terminated, the individual is discharged, or the individual's assignment is changed or
650 terminated, unless:
651 (A) the license is suspended, disqualified, denied, or has been cancelled or revoked by
652 the division; or
653 (B) the licensee updates the information or photograph on the license certificate.
654 (ii) The provisions in Subsection (7)(e)(i) apply to an individual:
655 (A) ordered to active duty and stationed outside of Utah in any of the armed forces of
656 the United States;
657 (B) who is an immediate family member or dependent of an individual described in
658 Subsection (7)(e)(ii)(A) and is residing outside of Utah;
659 (C) who is a civilian employee of the United States State Department or United States
660 Department of Defense and is stationed outside of the United States; or
661 (D) who is an immediate family member or dependent of an individual described in
662 Subsection (7)(e)(ii)(C) and is residing outside of the United States.
663 (f) (i) Except as provided in Subsection (7)(f)(ii), a limited-term license certificate or a
664 renewal to a limited-term license certificate expires:
665 (A) on the expiration date of the period of time of the individual's authorized stay in
666 the United States or on the date provided under this Subsection (7), whichever is sooner; or
667 (B) on the date of issuance in the first year following the year that the limited-term
668 license certificate was issued if there is no definite end to the individual's period of authorized
669 stay.
670 (ii) A limited-term license certificate or a renewal to a limited-term license certificate
671 issued to an approved asylee or a refugee expires on the birth date of the applicant in the fifth
672 year following the year that the limited-term license certificate was issued.
673 (g) A driving privilege card issued or renewed under Section 53-3-207 expires on the
674 birth date of the applicant in the first year following the year that the driving privilege card was
675 issued or renewed.
676 (8) (a) In addition to the information required by Title 63G, Chapter 4, Administrative
677 Procedures Act, for requests for agency action, an applicant shall:
678 (i) provide:
679 (A) the applicant's full legal name;
680 (B) the applicant's birth date;
681 (C) the applicant's sex;
682 (D) (I) documentary evidence of the applicant's valid social security number;
683 (II) written proof that the applicant is ineligible to receive a social security number;
684 (III) the applicant's temporary identification number (ITIN) issued by the Internal
685 Revenue Service for an individual who:
686 (Aa) does not qualify for a social security number; and
687 (Bb) is applying for a driving privilege card; or
688 (IV) other documentary evidence approved by the division;
689 (E) the applicant's Utah residence address as documented by a form or forms
690 acceptable under rules made by the division under Section 53-3-104, unless the application is
691 for a temporary CDL issued under Subsection 53-3-407(2)(b); and
692 (F) fingerprints, or a fingerprint confirmation form described in Subsection
693 53-3-205.5(1)(a)(ii), and a photograph in accordance with Section 53-3-205.5 if the applicant is
694 applying for a driving privilege card;
695 (ii) provide evidence of the applicant's lawful presence in the United States by
696 providing documentary evidence:
697 (A) that the applicant is:
698 (I) a United States citizen;
699 (II) a United States national; or
700 (III) a legal permanent resident alien; or
701 (B) of the applicant's:
702 (I) unexpired immigrant or nonimmigrant visa status for admission into the United
703 States;
704 (II) pending or approved application for asylum in the United States;
705 (III) admission into the United States as a refugee;
706 (IV) pending or approved application for temporary protected status in the United
707 States;
708 (V) approved deferred action status;
709 (VI) pending application for adjustment of status to legal permanent resident or
710 conditional resident; or
711 (VII) conditional permanent resident alien status;
712 (iii) provide a description of the applicant;
713 (iv) state whether the applicant has previously been licensed to drive a motor vehicle
714 and, if so, when and by what state or country;
715 (v) state whether the applicant has ever had a license suspended, cancelled, revoked,
716 disqualified, or denied in the last 10 years, or whether the applicant has ever had a license
717 application refused, and if so, the date of and reason for the suspension, cancellation,
718 revocation, disqualification, denial, or refusal;
719 (vi) state whether the applicant intends to make an anatomical gift under Title 26B,
720 Chapter 8, Part 3, Revised Uniform Anatomical Gift Act, in compliance with Subsection (15);
721 (vii) state whether the applicant is required to register as a sex offender, kidnap
722 offender, or child abuse offender, in accordance with [
723
724 (viii) state whether the applicant is a veteran of the United States military, provide
725 verification that the applicant was granted an honorable or general discharge from the United
726 States Armed Forces, and state whether the applicant does or does not authorize sharing the
727 information with the Department of Veterans and Military Affairs;
728 (ix) provide all other information the division requires; and
729 (x) sign the application which signature may include an electronic signature as defined
730 in Section 46-4-102.
731 (b) Unless the applicant provides acceptable verification of homelessness as described
732 in rules made by the division, an applicant shall have a Utah residence address, unless the
733 application is for a temporary CDL issued under Subsection 53-3-407(2)(b).
734 (c) An applicant shall provide evidence of lawful presence in the United States in
735 accordance with Subsection (8)(a)(ii), unless the application is for a driving privilege card.
736 (d) The division shall maintain on the division's computerized records an applicant's:
737 (i) (A) social security number;
738 (B) temporary identification number (ITIN); or
739 (C) other number assigned by the division if Subsection (8)(a)(i)(D)(IV) applies; and
740 (ii) indication whether the applicant is required to register as a sex offender, kidnap
741 offender, or child abuse offender in accordance with [
742
743 (9) The division shall require proof of an applicant's name, birth date, and birthplace by
744 at least one of the following means:
745 (a) current license certificate;
746 (b) birth certificate;
747 (c) Selective Service registration; or
748 (d) other proof, including church records, family Bible notations, school records, or
749 other evidence considered acceptable by the division.
750 (10) (a) Except as provided in Subsection (10)(c), if an applicant receives a license in a
751 higher class than what the applicant originally was issued:
752 (i) the license application is treated as an original application; and
753 (ii) license and endorsement fees is assessed under Section 53-3-105.
754 (b) An applicant that receives a downgraded license in a lower license class during an
755 existing license cycle that has not expired:
756 (i) may be issued a duplicate license with a lower license classification for the
757 remainder of the existing license cycle; and
758 (ii) shall be assessed a duplicate license fee under Subsection 53-3-105(25) if a
759 duplicate license is issued under Subsection (10)(b)(i).
760 (c) An applicant who has received a downgraded license in a lower license class under
761 Subsection (10)(b):
762 (i) may, when eligible, receive a duplicate license in the highest class previously issued
763 during a license cycle that has not expired for the remainder of the existing license cycle; and
764 (ii) shall be assessed a duplicate license fee under Subsection 53-3-105(25) if a
765 duplicate license is issued under Subsection (10)(c)(i).
766 (11) (a) When an application is received from an applicant previously licensed in
767 another state to drive a motor vehicle, the division shall request a copy of the driver's record
768 from the other state.
769 (b) When received, the driver's record becomes part of the driver's record in this state
770 with the same effect as though entered originally on the driver's record in this state.
771 (12) An application for reinstatement of a license after the suspension, cancellation,
772 disqualification, denial, or revocation of a previous license is accompanied by the additional
773 fee or fees specified in Section 53-3-105.
774 (13) An individual who has an appointment with the division for testing and fails to
775 keep the appointment or to cancel at least 48 hours in advance of the appointment shall pay the
776 fee under Section 53-3-105.
777 (14) An applicant who applies for an original license or renewal of a license agrees that
778 the individual's license is subject to a suspension or revocation authorized under this title or
779 Title 41, Motor Vehicles.
780 (15) (a) A licensee shall authenticate the indication of intent under Subsection
781 (8)(a)(vi) in accordance with division rule.
782 (b) (i) Notwithstanding Title 63G, Chapter 2, Government Records Access and
783 Management Act, the division may, upon request, release to an organ procurement
784 organization, as defined in Section 26B-8-301, the names and addresses of all applicants who,
785 under Subsection (8)(a)(vi), indicate that they intend to make an anatomical gift.
786 (ii) An organ procurement organization may use released information only to:
787 (A) obtain additional information for an anatomical gift registry; and
788 (B) inform licensees of anatomical gift options, procedures, and benefits.
789 (16) Notwithstanding Title 63G, Chapter 2, Government Records Access and
790 Management Act, the division may release to the Department of Veterans and Military Affairs
791 the names and addresses of all applicants who indicate their status as a veteran under
792 Subsection (8)(a)(viii).
793 (17) Notwithstanding Title 63G, Chapter 2, Government Records Access and
794 Management Act, the division shall, upon request, release to the Sex [
795 Abuse Offender Registry office in the Department of [
796 and addresses of all applicants who, under Subsection (8)(a)(vii), indicate they are required to
797 register as a sex offender, kidnap offender, or child abuse offender in accordance with [
798
799 Child Abuse Offender Registry.
800 (18) The division and its employees are not liable, as a result of false or inaccurate
801 information provided under Subsection (8)(a)(vi) or (viii), for direct or indirect:
802 (a) loss;
803 (b) detriment; or
804 (c) injury.
805 (19) An applicant who knowingly fails to provide the information required under
806 Subsection (8)(a)(vii) is guilty of a class A misdemeanor.
807 (20) A person may not hold both an unexpired Utah license certificate and an
808 unexpired identification card.
809 (21) (a) An applicant who applies for an original motorcycle endorsement to a regular
810 license certificate is exempt from the requirement to pass the knowledge and skills test to be
811 eligible for the motorcycle endorsement if the applicant:
812 (i) is a resident of the state of Utah;
813 (ii) (A) is ordered to active duty and stationed outside of Utah in any of the armed
814 forces of the United States; or
815 (B) is an immediate family member or dependent of an individual described in
816 Subsection (21)(a)(ii)(A) and is residing outside of Utah;
817 (iii) has a digitized driver license photo on file with the division;
818 (iv) provides proof to the division of the successful completion of a certified
819 Motorcycle Safety Foundation rider training course; and
820 (v) provides the necessary information and documentary evidence required under
821 Subsection (8).
822 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
823 division shall make rules:
824 (i) establishing the procedures for an individual to obtain a motorcycle endorsement
825 under this Subsection (21); and
826 (ii) identifying the applicable restrictions for a motorcycle endorsement issued under
827 this Subsection (21).
828 Section 5. Section 53-3-216 is amended to read:
829 53-3-216. Change of address -- Duty of licensee to notify division within 10 days
830 -- Change of name -- Proof necessary -- Method of giving notice by division.
831 (1) (a) Except as provided in Subsection (1)(b), if an individual, after applying for or
832 receiving a license, moves from the address named in the application or in the license
833 certificate issued to the individual, the individual shall, within 10 days after the day on which
834 the individual moves, notify the division in a manner specified by the division of the
835 individual's new address and the number of any license certificate held by the individual.
836 (b) If an individual who is required to register as a sex offender, kidnap offender, or
837 child abuse offender under [
838 Chapter 41, Sex, Kidnap, and Child Abuse Offender Registry, after applying for or receiving a
839 license, moves from the address named in the application or in the license certificate issued to
840 the individual, the individual shall, within 30 days after the day on which the individual moves,
841 apply for an updated license in-person at a division office.
842 (2) If an applicant requests to change the surname on the applicant's license, the
843 division shall issue a substitute license with the new name upon receiving an application and
844 fee for a duplicate license and any of the following proofs of the applicant's full legal name:
845 (a) an original or certified copy of the applicant's marriage certificate;
846 (b) a certified copy of a court order under Title 42, Chapter 1, Change of Name,
847 showing the name change;
848 (c) an original or certified copy of a birth certificate issued by a government agency;
849 (d) a certified copy of a divorce decree or annulment granted the applicant that
850 specifies the name change requested; or
851 (e) a certified copy of a divorce decree that does not specify the name change requested
852 together with:
853 (i) an original or certified copy of the applicant's birth certificate;
854 (ii) the applicant's marriage license;
855 (iii) a driver license record showing use of a maiden name; or
856 (iv) other documentation the division finds acceptable.
857 (3) (a) If the division is authorized or required to give a notice under this chapter or
858 other law regulating the operation of vehicles, the notice shall, unless otherwise prescribed, be
859 given by:
860 (i) personal delivery to the individual to be notified; or
861 (ii) deposit in the United States mail with postage prepaid, addressed to the individual
862 at the individual's address as shown by the records of the division.
863 (b) The giving of notice by mail is complete upon the expiration of four days after the
864 deposit of the notice.
865 (c) Proof of the giving of notice in either manner may be made by the certificate of an
866 officer or employee of the division or affidavit of an individual 18 years of age or older,
867 naming the individual to whom the notice was given and specifying the time, place, and
868 manner of giving the notice.
869 (4) The division may use state mailing or United States Postal Service information to:
870 (a) verify an address on an application or on records of the division; and
871 (b) correct mailing addresses in the division's records.
872 (5) A violation of the provisions of Subsection (1) is an infraction.
873 Section 6. Section 53-3-804 is amended to read:
874 53-3-804. Application for identification card -- Required information -- Release
875 of anatomical gift information -- Cancellation of identification card.
876 (1) To apply for a regular identification card or limited-term identification card, an
877 applicant shall:
878 (a) be a Utah resident;
879 (b) have a Utah residence address; and
880 (c) appear in person at any license examining station.
881 (2) An applicant shall provide the following information to the division:
882 (a) true and full legal name and Utah residence address;
883 (b) date of birth as set forth in a certified copy of the applicant's birth certificate, or
884 other satisfactory evidence of birth, which shall be attached to the application;
885 (c) (i) social security number; or
886 (ii) written proof that the applicant is ineligible to receive a social security number;
887 (d) place of birth;
888 (e) height and weight;
889 (f) color of eyes and hair;
890 (g) signature;
891 (h) photograph;
892 (i) evidence of the applicant's lawful presence in the United States by providing
893 documentary evidence:
894 (i) that the applicant is:
895 (A) a United States citizen;
896 (B) a United States national; or
897 (C) a legal permanent resident alien; or
898 (ii) of the applicant's:
899 (A) unexpired immigrant or nonimmigrant visa status for admission into the United
900 States;
901 (B) pending or approved application for asylum in the United States;
902 (C) admission into the United States as a refugee;
903 (D) pending or approved application for temporary protected status in the United
904 States;
905 (E) approved deferred action status;
906 (F) pending application for adjustment of status to legal permanent resident or
907 conditional resident; or
908 (G) conditional permanent resident alien status;
909 (j) an indication whether the applicant intends to make an anatomical gift under Title
910 26B, Chapter 8, Part 3, Revised Uniform Anatomical Gift Act;
911 (k) an indication whether the applicant is required to register as a sex offender, kidnap
912 offender, or child abuse offender in accordance with [
913
914 (l) an indication whether the applicant is a veteran of the United States Armed Forces,
915 verification that the applicant has received an honorable or general discharge from the United
916 States Armed Forces, and an indication whether the applicant does or does not authorize
917 sharing the information with the state Department of Veterans and Military Affairs.
918 (3) (a) The requirements of Section 53-3-234 apply to this section for each individual,
919 age 16 and older, applying for an identification card.
920 (b) Refusal to consent to the release of information under Section 53-3-234 shall result
921 in the denial of the identification card.
922 (4) An individual person who knowingly fails to provide the information required
923 under Subsection (2)(k) is guilty of a class A misdemeanor.
924 (5) (a) A person may not hold both an unexpired Utah license certificate and an
925 unexpired identification card.
926 (b) A person who holds a regular or limited term Utah driver license and chooses to
927 relinquish the person's driving privilege may apply for an identification card under this chapter,
928 provided:
929 (i) the driver:
930 (A) no longer qualifies for a driver license for failure to meet the requirement in
931 Section 53-3-304; or
932 (B) makes a personal decision to permanently discontinue driving; [
933 (ii) the driver:
934 (A) submits an application to the division on a form approved by the division in
935 person, through electronic means, or by mail;
936 (B) affirms their intention to permanently discontinue driving; and
937 (C) surrenders to the division the driver license certificate; and
938 (iii) the division possesses a digital photograph of the driver obtained within the
939 preceding 10 years.
940 (c) (i) The division shall waive the fee under Section 53-3-105 for an identification
941 card for an original identification card application under this Subsection (5).
942 (ii) The fee waiver described in Subsection (5)(c)(i) does not apply to a person whose
943 driving privilege is suspended or revoked.
944 (6) Notwithstanding Title 63G, Chapter 2, Government Records Access and
945 Management Act, the division shall, upon request, release to the Sex [
946 Abuse Offender Registry office in the Department of [
947 and addresses of all applicants who, under Subsection (2)(k), indicate they are required to
948 register as a sex offender, kidnap offender, or child abuse offender in accordance with [
949
950 Child Abuse Offender Registry.
951 Section 7. Section 53-3-806.5 is amended to read:
952 53-3-806.5. Identification card required if offender does not have driver license.
953 (1) (a) [
954 compliance with Section 53-3-205 and is required to register as a sex offender, kidnap
955 offender, or child abuse offender in accordance with [
956
957
958
959 Offender Registry, shall obtain an identification card.
960 (b) The [
961
962 child abuse offender and the [
963 (2) Failure to maintain a current identification card as required under Subsection (1) is
964 a class A misdemeanor for each month of violation of Subsection (1).
965 Section 8. Section 53-3-807 is amended to read:
966 53-3-807. Expiration -- Address and name change -- Extension.
967 (1) (a) A regular identification card expires on the birth date of the applicant in the fifth
968 year after the issuance of the regular identification card.
969 (b) A limited-term identification card expires on:
970 (i) the expiration date of the period of time of the individual's authorized stay in the
971 United States or on the birth date of the applicant in the fifth year after the issuance of the
972 limited-term identification card, whichever is sooner; or
973 (ii) on the date of issuance in the first year after the year that the limited-term
974 identification card was issued if there is no definite end to the individual's period of authorized
975 stay.
976 (2) (a) Except as provided in Subsection (2)(b), if an individual has applied for and
977 received an identification card and subsequently moves from the address shown on the
978 application or on the card, the individual shall, within 10 days after the day on which the
979 individual moves, notify the division in a manner specified by the division of the individual's
980 new address.
981 (b) If an individual who is required to register as a sex offender, kidnap offender, or
982 child abuse offender under [
983 Chapter 41, Sex, Kidnap, and Child Abuse Offender Registry, has applied for and received an
984 identification card and subsequently moves from the address shown on the application or on
985 the card, the individual shall, within 30 days after the day on which the individual moves, apply
986 for an updated identification card in-person at a division office.
987 (3) If an individual has applied for and received an identification card and subsequently
988 changes the individual's name under Title 42, Chapter 1, Change of Name, the individual:
989 (a) shall surrender the card to the division; and
990 (b) may apply for a new card in the individual's new name by:
991 (i) furnishing proper documentation to the division as provided in Section 53-3-804;
992 and
993 (ii) paying the fee required under Section 53-3-105.
994 (4) A person 21 years [
995 Americans with Disabilities Act of 1990, Pub. L. 101-336, may extend the expiration date on
996 an identification card for five years if the person with a disability or an agent of the person with
997 a disability:
998 (a) requests that the division send the application form to obtain the extension or
999 requests an application form in person at the division's offices;
1000 (b) completes the application;
1001 (c) certifies that the extension is for a person 21 years [
1002 disability; and
1003 (d) returns the application to the division together with the identification card fee
1004 required under Section 53-3-105.
1005 (5) (a) The division may extend a valid regular identification card issued after January
1006 1, 2010, for five years at any time within six months before the day on which the identification
1007 card expires.
1008 (b) The application for an extension of a regular identification card is accompanied by
1009 a fee under Section 53-3-105.
1010 (c) The division shall allow extensions:
1011 (i) by mail, electronic means, or other means as determined by the division at the
1012 appropriate extension fee rate under Section 53-3-105; and
1013 (ii) only if the applicant qualifies under this section.
1014 (6) (a) A regular identification card may only be extended once under Subsections (4)
1015 and (5).
1016 (b) After an extension an application for an identification card must be applied for in
1017 person at the division's offices.
1018 Section 9. Section 53-10-404 is amended to read:
1019 53-10-404. DNA specimen analysis -- Requirement to obtain the specimen.
1020 (1) As used in this section, "person" refers to any person as described under Section
1021 53-10-403.
1022 (2) (a) A person under Section 53-10-403 or any person required to register as a sex
1023 offender, kidnap offender, or child abuse offender under [
1024
1025 shall provide a DNA specimen and shall reimburse the agency responsible for obtaining the
1026 DNA specimen $150 for the cost of obtaining the DNA specimen unless:
1027 (i) the person was booked under Section 53-10-403 and is not required to reimburse the
1028 agency under Section 53-10-404.5; or
1029 (ii) the agency determines the person lacks the ability to pay.
1030 (b) (i) (A) The responsible agencies shall establish guidelines and procedures for
1031 determining if the person is able to pay the fee.
1032 (B) An agency's implementation of Subsection (2)(b)(i) meets an agency's obligation to
1033 determine an inmate's ability to pay.
1034 (ii) An agency's guidelines and procedures may provide for the assessment of $150 on
1035 the inmate's county trust fund account and may allow a negative balance in the account until
1036 the $150 is paid in full.
1037 (3) (a) (i) All fees collected under Subsection (2) shall be deposited [
1038 Specimen Restricted Account created in Section 53-10-407, except that the agency collecting
1039 the fee may retain not more than $25 per individual specimen for the costs of obtaining the
1040 saliva DNA specimen.
1041 (ii) The agency collecting the $150 fee may not retain from each separate fee more than
1042 $25, and no amount of the $150 fee may be credited to any other fee or agency obligation.
1043 (b) The responsible agency shall determine the method of collecting the DNA
1044 specimen. Unless the responsible agency determines there are substantial reasons for using a
1045 different method of collection or the person refuses to cooperate with the collection, the
1046 preferred method of collection shall be obtaining a saliva specimen.
1047 (c) The responsible agency may use reasonable force, as established by its guidelines
1048 and procedures, to collect the DNA sample if the person refuses to cooperate with the
1049 collection.
1050 (d) If the judgment places the person on probation, the person shall submit to the
1051 obtaining of a DNA specimen as a condition of the probation.
1052 (e) (i) Under this section a person is required to provide one DNA specimen and pay
1053 the collection fee as required under this section.
1054 (ii) The person shall provide an additional DNA specimen only if the DNA specimen
1055 previously provided is not adequate for analysis.
1056 (iii) The collection fee is not imposed for a second or subsequent DNA specimen
1057 collected under this section.
1058 (f) Any agency that is authorized to obtain a DNA specimen under this part may collect
1059 any outstanding amount of a fee due under this section from any person who owes any portion
1060 of the fee and deposit the amount in the DNA Specimen Restricted Account created in Section
1061 53-10-407.
1062 (4) (a) The responsible agency shall cause a DNA specimen to be obtained as soon as
1063 possible and transferred to the Department of Public Safety:
1064 (i) after a conviction or a finding of jurisdiction by the juvenile court;
1065 (ii) on and after January 1, 2011, through December 31, 2014, after the booking of a
1066 person for any offense under Subsection 53-10-403(1)(c); and
1067 (iii) on and after January 1, 2015, after the booking of a person for any felony offense,
1068 as provided under Subsection 53-10-403(1)(d)(ii).
1069 (b) On and after May 13, 2014, through December 31, 2014, the responsible agency
1070 may cause a DNA specimen to be obtained and transferred to the Department of Public Safety
1071 after the booking of a person for any felony offense, as provided under Subsection
1072 53-10-403(1)(d)(i).
1073 (c) If notified by the Department of Public Safety that a DNA specimen is not adequate
1074 for analysis, the agency shall, as soon as possible:
1075 (i) obtain and transmit an additional DNA specimen; or
1076 (ii) request that another agency that has direct access to the person and that is
1077 authorized to collect DNA specimens under this section collect the necessary second DNA
1078 specimen and transmit it to the Department of Public Safety.
1079 (d) Each agency that is responsible for collecting DNA specimens under this section
1080 shall establish:
1081 (i) a tracking procedure to record the handling and transfer of each DNA specimen it
1082 obtains; and
1083 (ii) a procedure to account for the management of all fees it collects under this section.
1084 (5) (a) The Department of Corrections is the responsible agency whenever the person is
1085 committed to the custody of or is under the supervision of the Department of Corrections.
1086 (b) The juvenile court is the responsible agency regarding a minor under Subsection
1087 53-10-403(3), but if the minor has been committed to the legal custody of the Division of
1088 Juvenile Justice Services, that division is the responsible agency if a DNA specimen of the
1089 minor has not previously been obtained by the juvenile court under Section 80-6-608.
1090 (c) The sheriff operating a county jail is the responsible agency regarding the collection
1091 of DNA specimens from persons who:
1092 (i) have pled guilty to or have been convicted of an offense listed under Subsection
1093 53-10-403(2) but who have not been committed to the custody of or are not under the
1094 supervision of the Department of Corrections;
1095 (ii) are incarcerated in the county jail:
1096 (A) as a condition of probation for a felony offense; or
1097 (B) for a misdemeanor offense for which collection of a DNA specimen is required;
1098 (iii) on and after January 1, 2011, through May 12, 2014, are booked at the county jail
1099 for any offense under Subsection 53-10-403(1)(c)[
1100 (iv) are booked at the county jail:
1101 (A) by a law enforcement agency that is obtaining a DNA specimen for any felony
1102 offense on or after May 13, 2014, through December 31, 2014, under Subsection
1103 53-10-404(4)(b); or
1104 (B) on or after January 1, 2015, for any felony offense.
1105 (d) Each agency required to collect a DNA specimen under this section shall:
1106 (i) designate employees to obtain the saliva DNA specimens required under this
1107 section; and
1108 (ii) ensure that employees designated to collect the DNA specimens receive appropriate
1109 training and that the specimens are obtained in accordance with generally accepted protocol.
1110 (6) (a) As used in this Subsection (6), "department" means the Department of
1111 Corrections.
1112 (b) Priority of obtaining DNA specimens by the department is:
1113 (i) first, to obtain DNA specimens of persons who as of July 1, 2002, are in the custody
1114 of or under the supervision of the department before these persons are released from
1115 incarceration, parole, or probation, if their release date is prior to that of persons under
1116 Subsection (6)(b)(ii), but in no case later than July 1, 2004; and
1117 (ii) second, the department shall obtain DNA specimens from persons who are
1118 committed to the custody of the department or who are placed under the supervision of the
1119 department after July 1, 2002, within 120 days after the commitment, if possible, but not later
1120 than prior to release from incarceration if the person is imprisoned, or prior to the termination
1121 of probation if the person is placed on probation.
1122 (c) The priority for obtaining DNA specimens from persons under Subsection (6)(b)(ii)
1123 is:
1124 (i) first, persons on probation;
1125 (ii) second, persons on parole; and
1126 (iii) third, incarcerated persons.
1127 (d) Implementation of the schedule of priority under Subsection (6)(c) is subject to the
1128 priority of Subsection (6)(b)(i), to ensure that the Department of Corrections obtains DNA
1129 specimens from persons in the custody of or under the supervision of the Department of
1130 Corrections as of July 1, 2002, prior to their release.
1131 (7) (a) As used in this Subsection (7):
1132 (i) "Court" means the juvenile court.
1133 (ii) "Division" means the Division of Juvenile Justice Services.
1134 (b) Priority of obtaining DNA specimens by the court from minors under Section
1135 53-10-403 whose cases are under the jurisdiction of the court but who are not in the legal
1136 custody of the division shall be:
1137 (i) first, to obtain specimens from minors whose cases, as of July 1, 2002, are under the
1138 court's jurisdiction, before the court's jurisdiction over the minors' cases terminates; and
1139 (ii) second, to obtain specimens from minors whose cases are under the jurisdiction of
1140 the court after July 1, 2002, within 120 days of the minor's case being found to be within the
1141 court's jurisdiction, if possible, but no later than before the court's jurisdiction over the minor's
1142 case terminates.
1143 (c) Priority of obtaining DNA specimens by the division from minors under Section
1144 53-10-403 who are committed to the legal custody of the division shall be:
1145 (i) first, to obtain specimens from minors who as of July 1, 2002, are within the
1146 division's legal custody and who have not previously provided a DNA specimen under this
1147 section, before termination of the division's legal custody of these minors; and
1148 (ii) second, to obtain specimens from minors who are placed in the legal custody of the
1149 division after July 1, 2002, within 120 days of the minor's being placed in the custody of the
1150 division, if possible, but no later than before the termination of the court's jurisdiction over the
1151 minor's case.
1152 (8) (a) The Department of Corrections, the juvenile court, the Division of Juvenile
1153 Justice Services, and all law enforcement agencies in the state shall by policy establish
1154 procedures for obtaining saliva DNA specimens, and shall provide training for employees
1155 designated to collect saliva DNA specimens.
1156 (b) (i) The department may designate correctional officers, including those employed
1157 by the adult probation and parole section of the department, to obtain the saliva DNA
1158 specimens required under this section.
1159 (ii) The department shall ensure that the designated employees receive appropriate
1160 training and that the specimens are obtained in accordance with accepted protocol.
1161 (c) Blood DNA specimens shall be obtained in accordance with Section 53-10-405.
1162 Section 10. Section 63G-2-302 is amended to read:
1163 63G-2-302. Private records.
1164 (1) The following records are private:
1165 (a) records concerning an individual's eligibility for unemployment insurance benefits,
1166 social services, welfare benefits, or the determination of benefit levels;
1167 (b) records containing data on individuals describing medical history, diagnosis,
1168 condition, treatment, evaluation, or similar medical data;
1169 (c) records of publicly funded libraries that when examined alone or with other records
1170 identify a patron;
1171 (d) records received by or generated by or for:
1172 (i) the Independent Legislative Ethics Commission, except for:
1173 (A) the commission's summary data report that is required under legislative rule; and
1174 (B) any other document that is classified as public under legislative rule; or
1175 (ii) a Senate or House Ethics Committee in relation to the review of ethics complaints,
1176 unless the record is classified as public under legislative rule;
1177 (e) records received by, or generated by or for, the Independent Executive Branch
1178 Ethics Commission, except as otherwise expressly provided in Title 63A, Chapter 14, Review
1179 of Executive Branch Ethics Complaints;
1180 (f) records received or generated for a Senate confirmation committee concerning
1181 character, professional competence, or physical or mental health of an individual:
1182 (i) if, prior to the meeting, the chair of the committee determines release of the records:
1183 (A) reasonably could be expected to interfere with the investigation undertaken by the
1184 committee; or
1185 (B) would create a danger of depriving a person of a right to a fair proceeding or
1186 impartial hearing; and
1187 (ii) after the meeting, if the meeting was closed to the public;
1188 (g) employment records concerning a current or former employee of, or applicant for
1189 employment with, a governmental entity that would disclose that individual's home address,
1190 home telephone number, social security number, insurance coverage, marital status, or payroll
1191 deductions;
1192 (h) records or parts of records under Section 63G-2-303 that a current or former
1193 employee identifies as private according to the requirements of that section;
1194 (i) that part of a record indicating a person's social security number or federal employer
1195 identification number if provided under Section 31A-23a-104, 31A-25-202, 31A-26-202,
1196 58-1-301, 58-55-302, 61-1-4, or 61-2f-203;
1197 (j) that part of a voter registration record identifying a voter's:
1198 (i) driver license or identification card number;
1199 (ii) social security number, or last four digits of the social security number;
1200 (iii) email address;
1201 (iv) date of birth; or
1202 (v) phone number;
1203 (k) a voter registration record that is classified as a private record by the lieutenant
1204 governor or a county clerk under Subsection 20A-2-101.1(5)(a), 20A-2-104(4)(h), or
1205 20A-2-204(4)(b);
1206 (l) a voter registration record that is withheld under Subsection 20A-2-104(7);
1207 (m) a withholding request form described in Subsections 20A-2-104(7) and (8) and any
1208 verification submitted in support of the form;
1209 (n) a record that:
1210 (i) contains information about an individual;
1211 (ii) is voluntarily provided by the individual; and
1212 (iii) goes into an electronic database that:
1213 (A) is designated by and administered under the authority of the Chief Information
1214 Officer; and
1215 (B) acts as a repository of information about the individual that can be electronically
1216 retrieved and used to facilitate the individual's online interaction with a state agency;
1217 (o) information provided to the Commissioner of Insurance under:
1218 (i) Subsection 31A-23a-115(3)(a);
1219 (ii) Subsection 31A-23a-302(4); or
1220 (iii) Subsection 31A-26-210(4);
1221 (p) information obtained through a criminal background check under Title 11, Chapter
1222 40, Criminal Background Checks by Political Subdivisions Operating Water Systems;
1223 (q) information provided by an offender that is:
1224 (i) required by the registration requirements of [
1225
1226 41, Sex, Kidnap, and Child Abuse Offender Registry; and
1227 (ii) not required to be made available to the public under Subsection 77-41-110(4) [
1228
1229 (r) a statement and any supporting documentation filed with the attorney general in
1230 accordance with Section 34-45-107, if the federal law or action supporting the filing involves
1231 homeland security;
1232 (s) electronic toll collection customer account information received or collected under
1233 Section 72-6-118 and customer information described in Section 17B-2a-815 received or
1234 collected by a public transit district, including contact and payment information and customer
1235 travel data;
1236 (t) an email address provided by a military or overseas voter under Section
1237 20A-16-501;
1238 (u) a completed military-overseas ballot that is electronically transmitted under Title
1239 20A, Chapter 16, Uniform Military and Overseas Voters Act;
1240 (v) records received by or generated by or for the Political Subdivisions Ethics Review
1241 Commission established in Section 63A-15-201, except for:
1242 (i) the commission's summary data report that is required in Section 63A-15-202; and
1243 (ii) any other document that is classified as public in accordance with Title 63A,
1244 Chapter 15, Political Subdivisions Ethics Review Commission;
1245 (w) a record described in Section 53G-9-604 that verifies that a parent was notified of
1246 an incident or threat;
1247 (x) a criminal background check or credit history report conducted in accordance with
1248 Section 63A-3-201;
1249 (y) a record described in Subsection 53-5a-104(7);
1250 (z) on a record maintained by a county for the purpose of administering property taxes,
1251 an individual's:
1252 (i) email address;
1253 (ii) phone number; or
1254 (iii) personal financial information related to a person's payment method;
1255 (aa) a record submitted by a taxpayer to establish the taxpayer's eligibility for an
1256 exemption, deferral, abatement, or relief under:
1257 (i) Title 59, Chapter 2, Part 11, Exemptions;
1258 (ii) Title 59, Chapter 2, Part 12, Property Tax Relief;
1259 (iii) Title 59, Chapter 2, Part 18, Tax Deferral and Tax Abatement; or
1260 (iv) Title 59, Chapter 2, Part 19, Armed Forces Exemptions;
1261 (bb) a record provided by the State Tax Commission in response to a request under
1262 Subsection 59-1-403(4)(y)(iii);
1263 (cc) a record of the Child Welfare Legislative Oversight Panel regarding an individual
1264 child welfare case, as described in Subsection 36-33-103(3); and
1265 (dd) a record relating to drug or alcohol testing of a state employee under Section
1266 63A-17-1004.
1267 (2) The following records are private if properly classified by a governmental entity:
1268 (a) records concerning a current or former employee of, or applicant for employment
1269 with a governmental entity, including performance evaluations and personal status information
1270 such as race, religion, or disabilities, but not including records that are public under Subsection
1271 63G-2-301(2)(b) or 63G-2-301(3)(o) or private under Subsection (1)(b);
1272 (b) records describing an individual's finances, except that the following are public:
1273 (i) records described in Subsection 63G-2-301(2);
1274 (ii) information provided to the governmental entity for the purpose of complying with
1275 a financial assurance requirement; or
1276 (iii) records that must be disclosed in accordance with another statute;
1277 (c) records of independent state agencies if the disclosure of those records would
1278 conflict with the fiduciary obligations of the agency;
1279 (d) other records containing data on individuals the disclosure of which constitutes a
1280 clearly unwarranted invasion of personal privacy;
1281 (e) records provided by the United States or by a government entity outside the state
1282 that are given with the requirement that the records be managed as private records, if the
1283 providing entity states in writing that the record would not be subject to public disclosure if
1284 retained by it;
1285 (f) any portion of a record in the custody of the Division of Aging and Adult Services,
1286 created in Section 26B-6-102, that may disclose, or lead to the discovery of, the identity of a
1287 person who made a report of alleged abuse, neglect, or exploitation of a vulnerable adult; and
1288 (g) audio and video recordings created by a body-worn camera, as defined in Section
1289 77-7a-103, that record sound or images inside a home or residence except for recordings that:
1290 (i) depict the commission of an alleged crime;
1291 (ii) record any encounter between a law enforcement officer and a person that results in
1292 death or bodily injury, or includes an instance when an officer fires a weapon;
1293 (iii) record any encounter that is the subject of a complaint or a legal proceeding
1294 against a law enforcement officer or law enforcement agency;
1295 (iv) contain an officer involved critical incident as defined in Subsection
1296 76-2-408(1)(f); or
1297 (v) have been requested for reclassification as a public record by a subject or
1298 authorized agent of a subject featured in the recording.
1299 (3) (a) As used in this Subsection (3), "medical records" means medical reports,
1300 records, statements, history, diagnosis, condition, treatment, and evaluation.
1301 (b) Medical records in the possession of the University of Utah Hospital, its clinics,
1302 doctors, or affiliated entities are not private records or controlled records under Section
1303 63G-2-304 when the records are sought:
1304 (i) in connection with any legal or administrative proceeding in which the patient's
1305 physical, mental, or emotional condition is an element of any claim or defense; or
1306 (ii) after a patient's death, in any legal or administrative proceeding in which any party
1307 relies upon the condition as an element of the claim or defense.
1308 (c) Medical records are subject to production in a legal or administrative proceeding
1309 according to state or federal statutes or rules of procedure and evidence as if the medical
1310 records were in the possession of a nongovernmental medical care provider.
1311 Section 11. Section 63G-7-301 is amended to read:
1312 63G-7-301. Waivers of immunity.
1313 (1) (a) Immunity from suit of each governmental entity is waived as to any contractual
1314 obligation.
1315 (b) Actions arising out of contractual rights or obligations are not subject to the
1316 requirements of Section 63G-7-401, 63G-7-402, 63G-7-403, or 63G-7-601.
1317 (c) The Division of Water Resources is not liable for failure to deliver water from a
1318 reservoir or associated facility authorized by Title 73, Chapter 26, Bear River Development
1319 Act, if the failure to deliver the contractual amount of water is due to drought, other natural
1320 condition, or safety condition that causes a deficiency in the amount of available water.
1321 (2) Immunity from suit of each governmental entity is waived:
1322 (a) as to any action brought to recover, obtain possession of, or quiet title to real or
1323 personal property;
1324 (b) as to any action brought to foreclose mortgages or other liens on real or personal
1325 property, to determine any adverse claim on real or personal property, or to obtain an
1326 adjudication about any mortgage or other lien that the governmental entity may have or claim
1327 on real or personal property;
1328 (c) as to any action based on the negligent destruction, damage, or loss of goods,
1329 merchandise, or other property while it is in the possession of any governmental entity or
1330 employee, if the property was seized for the purpose of forfeiture under any provision of state
1331 law;
1332 (d) subject to Section 63G-7-302, as to any action brought under the authority of Utah
1333 Constitution, Article I, Section 22, for the recovery of compensation from the governmental
1334 entity when the governmental entity has taken or damaged private property for public uses
1335 without just compensation;
1336 (e) as to any claim for attorney fees or costs under Section 63G-2-209, 63G-2-405, or
1337 63G-2-802;
1338 (f) for actual damages under Title 67, Chapter 21, Utah Protection of Public Employees
1339 Act;
1340 (g) as to any action brought to obtain relief from a land use regulation that imposes a
1341 substantial burden on the free exercise of religion under Title 63L, Chapter 5, Utah Religious
1342 Land Use Act;
1343 (h) except as provided in Subsection 63G-7-201(3), as to any injury caused by:
1344 (i) a defective, unsafe, or dangerous condition of any highway, road, street, alley,
1345 crosswalk, sidewalk, culvert, tunnel, bridge, viaduct, or other structure located on them; or
1346 (ii) any defective or dangerous condition of a public building, structure, dam, reservoir,
1347 or other public improvement;
1348 (i) subject to Subsections 63G-7-101(4) and 63G-7-201(4), as to any injury
1349 proximately caused by a negligent act or omission of an employee committed within the scope
1350 of employment;
1351 (j) notwithstanding Subsection 63G-7-101(4), as to a claim for an injury resulting from
1352 a sexual battery, as provided in Section 76-9-702.1, committed:
1353 (i) against a student of a public elementary or secondary school, including a charter
1354 school; and
1355 (ii) by an employee of a public elementary or secondary school or charter school who:
1356 (A) at the time of the sexual battery, held a position of special trust, as defined in
1357 Section 76-5-404.1, with respect to the student;
1358 (B) is criminally charged in connection with the sexual battery; and
1359 (C) the public elementary or secondary school or charter school knew or in the exercise
1360 of reasonable care should have known, at the time of the employee's hiring, to be a sex
1361 offender, kidnap offender, or child abuse offender as defined in Section 77-41-102, required to
1362 register under [
1363 Sex, Kidnap, and Child Abuse Offender Registry, whose status as a sex offender, kidnap
1364 offender, or child abuse offender would have been revealed in a background check under
1365 Section 53G-11-402; and
1366 (k) as to any action brought under Section 78B-6-2303.
1367 (3) (a) As used in this Subsection (3):
1368 (i) "Code of conduct" means a code of conduct that:
1369 (A) is not less stringent than a model code of conduct, created by the State Board of
1370 Education, establishing a professional standard of care for preventing the conduct described in
1371 Subsection (3)(a)(i)(D);
1372 (B) is adopted by the applicable local education governing body;
1373 (C) regulates behavior of a school employee toward a student; and
1374 (D) includes a prohibition against any sexual conduct between an employee and a
1375 student and against the employee and student sharing any sexually explicit or lewd
1376 communication, image, or photograph.
1377 (ii) "Local education agency" means:
1378 (A) a school district;
1379 (B) a charter school; or
1380 (C) the Utah Schools for the Deaf and the Blind.
1381 (iii) "Local education governing board" means:
1382 (A) for a school district, the local school board;
1383 (B) for a charter school, the charter school governing board; or
1384 (C) for the Utah Schools for the Deaf and the Blind, the state board.
1385 (iv) "Public school" means a public elementary or secondary school.
1386 (v) "Sexual abuse" means the offense described in Subsection 76-5-404.1(2).
1387 (vi) "Sexual battery" means the offense described in Section 76-9-702.1, considering
1388 the term "child" in that section to include an individual under age 18.
1389 (b) Notwithstanding Subsection 63G-7-101(4), immunity from suit is waived as to a
1390 claim against a local education agency for an injury resulting from a sexual battery or sexual
1391 abuse committed against a student of a public school by a paid employee of the public school
1392 who is criminally charged in connection with the sexual battery or sexual abuse, unless:
1393 (i) at the time of the sexual battery or sexual abuse, the public school was subject to a
1394 code of conduct; and
1395 (ii) before the sexual battery or sexual abuse occurred, the public school had:
1396 (A) provided training on the code of conduct to the employee; and
1397 (B) required the employee to sign a statement acknowledging that the employee has
1398 read and understands the code of conduct.
1399 (4) (a) As used in this Subsection (4):
1400 (i) "Higher education institution" means an institution included within the state system
1401 of higher education under Section 53B-1-102.
1402 (ii) "Policy governing behavior" means a policy adopted by a higher education
1403 institution or the Utah Board of Higher Education that:
1404 (A) establishes a professional standard of care for preventing the conduct described in
1405 Subsections (4)(a)(ii)(C) and (D);
1406 (B) regulates behavior of a special trust employee toward a subordinate student;
1407 (C) includes a prohibition against any sexual conduct between a special trust employee
1408 and a subordinate student; and
1409 (D) includes a prohibition against a special trust employee and subordinate student
1410 sharing any sexually explicit or lewd communication, image, or photograph.
1411 (iii) "Sexual battery" means the offense described in Section 76-9-702.1.
1412 (iv) "Special trust employee" means an employee of a higher education institution who
1413 is in a position of special trust, as defined in Section 76-5-404.1, with a higher education
1414 student.
1415 (v) "Subordinate student" means a student:
1416 (A) of a higher education institution; and
1417 (B) whose educational opportunities could be adversely impacted by a special trust
1418 employee.
1419 (b) Notwithstanding Subsection 63G-7-101(4), immunity from suit is waived as to a
1420 claim for an injury resulting from a sexual battery committed against a subordinate student by a
1421 special trust employee, unless:
1422 (i) the institution proves that the special trust employee's behavior that otherwise would
1423 constitute a sexual battery was:
1424 (A) with a subordinate student who was at least 18 years old at the time of the
1425 behavior; and
1426 (B) with the student's consent; or
1427 (ii) (A) at the time of the sexual battery, the higher education institution was subject to
1428 a policy governing behavior; and
1429 (B) before the sexual battery occurred, the higher education institution had taken steps
1430 to implement and enforce the policy governing behavior.
1431 Section 12. Section 63M-7-801 is amended to read:
1432 63M-7-801. Definitions.
1433 As used in this part:
1434 (1) "Board" means the Sex Offense Management Board created in Section 63M-7-802.
1435 (2) "Commission" means the State Commission on Criminal and Juvenile Justice
1436 created in Section 63M-7-201.
1437 (3) "Registry" means the registry established in [
1438
1439 Section 13. Section 76-1-201 is amended to read:
1440 76-1-201. Jurisdiction of offenses.
1441 (1) A person is subject to prosecution in this state for an offense which [
1442 commits, while either within or outside the state, by [
1443 another for which [
1444 (a) the offense is committed either wholly or partly within the state;
1445 (b) the conduct outside the state constitutes an attempt to commit an offense within the
1446 state;
1447 (c) the conduct outside the state constitutes a conspiracy to commit an offense within
1448 the state and an act in furtherance of the conspiracy occurs in the state; or
1449 (d) the conduct within the state constitutes an attempt, solicitation, or conspiracy to
1450 commit in another jurisdiction an offense under the laws of both this state and the other
1451 jurisdiction.
1452 (2) An offense is committed partly within this state if either the conduct which is any
1453 element of the offense, or the result which is an element, occurs within this state.
1454 (3) In homicide offenses, the "result" is either the physical contact which causes death
1455 or the death itself.
1456 (a) If the body of a homicide victim is found within the state, the death shall be
1457 presumed to have occurred within the state.
1458 (b) If jurisdiction is based on this presumption, this state retains jurisdiction unless the
1459 defendant proves by clear and convincing evidence that:
1460 (i) the result of the homicide did not occur in this state; and
1461 (ii) the defendant did not engage in any conduct in this state which is any element of
1462 the offense.
1463 (4) (a) An offense which is based on an omission to perform a duty imposed by the law
1464 of this state is committed within the state regardless of the location of the offender at the time
1465 of the omission.
1466 (b) For the purpose of establishing venue for a violation of Subsection 77-41-105(3)
1467 concerning sex offender, kidnap offender, or child abuse registration [
1468
1469 (i) at the most recent registered primary residence of the offender, if the actual location
1470 of the offender at the time of the violation is not known; or
1471 (ii) at the location of the offender at the time the offender is apprehended.
1472 (5) (a) If no jurisdictional issue is raised, the pleadings are sufficient to establish
1473 jurisdiction.
1474 (b) The defendant may challenge jurisdiction by filing a motion before trial stating
1475 which facts exist that deprive the state of jurisdiction.
1476 (c) The burden is upon the state to initially establish jurisdiction over the offense by a
1477 preponderance of the evidence by showing under the provisions of Subsections (1) through (4)
1478 that the offense was committed either wholly or partly within the borders of the state.
1479 (d) If after the prosecution has met its burden of proof under Subsection (5)(c) the
1480 defendant claims that the state is deprived of jurisdiction or may not exercise jurisdiction, the
1481 burden is upon the defendant to prove by a preponderance of the evidence:
1482 (i) any facts claimed; and
1483 (ii) why those facts deprive the state of jurisdiction.
1484 (6) Facts that deprive the state of jurisdiction or prohibit the state from exercising
1485 jurisdiction include the fact that the:
1486 (a) defendant is serving in a position that is entitled to diplomatic immunity from
1487 prosecution and that the defendant's country has not waived that diplomatic immunity;
1488 (b) defendant is a member of the armed forces of another country and that the crime
1489 that he is alleged to have committed is one that due to an international agreement, such as a
1490 status of forces agreement between his country and the United States, cedes the exercise of
1491 jurisdiction over him for that offense to his country;
1492 (c) defendant is an enrolled member of an Indian tribe, as defined in Section 9-9-101,
1493 and that the Indian tribe has a legal status with the United States or the state that vests
1494 jurisdiction in either tribal or federal courts for certain offenses committed within the exterior
1495 boundaries of a tribal reservation, and that the facts establish that the crime is one that vests
1496 jurisdiction in tribal or federal court; or
1497 (d) offense occurred on land that is exclusively within federal jurisdiction.
1498 (7) (a) The Legislature finds that identity fraud under Chapter 6, Part 11, Identity Fraud
1499 Act, involves the use of personal identifying information which is uniquely personal to the
1500 consumer or business victim of that identity fraud and which information is considered to be in
1501 lawful possession of the consumer or business victim wherever the consumer or business
1502 victim currently resides or is found.
1503 (b) For purposes of Subsection (1)(a), an offense which is based on a violation of
1504 Chapter 6, Part 11, Identity Fraud Act, is committed partly within this state, regardless of the
1505 location of the offender at the time of the offense, if the victim of the identity fraud resides or is
1506 found in this state.
1507 (8) The judge shall determine jurisdiction.
1508 Section 14. Section 76-1-202 is amended to read:
1509 76-1-202. Venue of actions.
1510 (1) Criminal actions shall be tried in the county, district, or precinct where the offense
1511 is alleged to have been committed. In determining the proper place of trial, the following
1512 provisions shall apply:
1513 (a) If the commission of an offense commenced outside the state is consummated
1514 within this state, the offender shall be tried in the county where the offense is consummated.
1515 (b) When conduct constituting elements of an offense or results that constitute
1516 elements, whether the conduct or result constituting elements is in itself unlawful, shall occur
1517 in two or more counties, trial of the offense may be held in any of the counties concerned.
1518 (c) If a person committing an offense upon the person of another is located in one
1519 county and his victim is located in another county at the time of the commission of the offense,
1520 trial may be held in either county.
1521 (d) If a cause of death is inflicted in one county and death ensues in another county, the
1522 offender may be tried in either county.
1523 (e) A person who commits an inchoate offense may be tried in any county in which any
1524 act that is an element of the offense, including the agreement in conspiracy, is committed.
1525 (f) Where a person in one county solicits, aids, abets, agrees, or attempts to aid another
1526 in the planning or commission of an offense in another county, he may be tried for the offense
1527 in either county.
1528 (g) When an offense is committed within this state and it cannot be readily determined
1529 in which county or district the offense occurred, the following provisions shall be applicable:
1530 (i) When an offense is committed upon any railroad car, vehicle, watercraft, or aircraft
1531 passing within this state, the offender may be tried in any county through which such railroad
1532 car, vehicle, watercraft, or aircraft has passed.
1533 (ii) When an offense is committed on any body of water bordering on or within this
1534 state, the offender may be tried in any county adjacent to such body of water. The words "body
1535 of water" shall include but not be limited to any stream, river, lake, or reservoir, whether
1536 natural or man-made.
1537 (iii) A person who commits theft may be tried in any county in which he exerts control
1538 over the property affected.
1539 (iv) If an offense is committed on or near the boundary of two or more counties, trial of
1540 the offense may be held in any of such counties.
1541 (v) For any other offense, trial may be held in the county in which the defendant
1542 resides, or, if he has no fixed residence, in the county in which he is apprehended or to which
1543 he is extradited.
1544 (h) A person who commits an offense based on Chapter 6, Part 11, Identity Fraud Act,
1545 may be tried in the county:
1546 (i) where the victim's personal identifying information was obtained;
1547 (ii) where the defendant used or attempted to use the personally identifying
1548 information;
1549 (iii) where the victim of the identity fraud resides or is found; or
1550 (iv) if multiple offenses of identity fraud occur in multiple jurisdictions, in any county
1551 where the victim's identity was used or obtained, or where the victim resides or is found.
1552 (i) For the purpose of establishing venue for a violation of Subsection 77-41-105(3)
1553 concerning sex offender, kidnap offender, or child abuse offender registration [
1554
1555 (i) at the most recent registered primary residence of the offender, if the actual location
1556 of the offender at the time of the violation is not known; or
1557 (ii) at the location of the offender at the time the offender is apprehended.
1558 (2) All objections of improper place of trial are waived by a defendant unless made
1559 before trial.
1560 Section 15. Section 76-3-402 is amended to read:
1561 76-3-402. Conviction of lower degree of offense -- Procedure and limitations.
1562 (1) As used in this section:
1563 (a) "Lower degree of offense" includes an offense for which:
1564 (i) a statutory enhancement is charged in the information or indictment that would
1565 increase either the maximum or the minimum sentence; and
1566 (ii) the court removes the statutory enhancement in accordance with this section.
1567 (b) "Minor regulatory offense" means the same as that term is defined in Section
1568 77-40a-101.
1569 (c) (i) "Rehabilitation program" means a program designed to reduce criminogenic and
1570 recidivism risks.
1571 (ii) "Rehabilitation program" includes:
1572 (A) a domestic violence treatment program, as that term is defined in Section
1573 62A-2-101;
1574 (B) a residential, vocational, and life skills program, as that term is defined in Section
1575 13-53-102;
1576 (C) a substance abuse treatment program, as that term is defined in Section 62A-2-101;
1577 (D) a substance use disorder treatment program, as that term is defined in Section
1578 62A-2-101;
1579 (E) a youth program, as that term is defined in Section 62A-2-101;
1580 (F) a program that meets the standards established by the Department of Corrections
1581 under Section 64-13-25;
1582 (G) a drug court, a veterans court, or a mental health court certified by the Judicial
1583 Council; or
1584 (H) a program that is substantially similar to a program described in Subsections
1585 (1)(c)(ii)(A) through (G).
1586 (d) "Serious offense" means a felony or misdemeanor offense that is not a minor
1587 regulatory offense or a traffic offense.
1588 (e) "Traffic offense" means the same as that term is defined in Section 77-40a-101.
1589 (f) (i) Except as provided in Subsection (1)(f)(ii), "violent felony" means the same as
1590 that term is defined in Section 76-3-203.5.
1591 (ii) "Violent felony" does not include an offense, or any attempt, solicitation, or
1592 conspiracy to commit an offense, for:
1593 (A) the possession, use, or removal of explosive, chemical, or incendiary devices under
1594 Subsection 76-10-306(3), (5), or (6); or
1595 (B) the purchase or possession of a dangerous weapon or handgun by a restricted
1596 person under Section 76-10-503.
1597 (2) The court may enter a judgment of conviction for a lower degree of offense than
1598 established by statute and impose a sentence at the time of sentencing for the lower degree of
1599 offense if the court:
1600 (a) takes into account:
1601 (i) the nature and circumstances of the offense of which the defendant was found
1602 guilty; and
1603 (ii) the history and character of the defendant;
1604 (b) gives any victim present at the sentencing and the prosecuting attorney an
1605 opportunity to be heard; and
1606 (c) concludes that the degree of offense established by statute would be unduly harsh to
1607 record as a conviction on the record for the defendant.
1608 (3) Upon a motion from the prosecuting attorney or the defendant, the court may enter
1609 a judgment of conviction for a lower degree of offense than established by statute:
1610 (a) after the defendant is successfully discharged from probation or parole for the
1611 conviction; and
1612 (b) if the court finds that entering a judgment of conviction for a lower degree of
1613 offense is in the interest of justice in accordance with Subsection (7).
1614 (4) Upon a motion from the prosecuting attorney or the defendant, the court may enter
1615 a judgment of conviction for a lower degree of offense than established by statute if:
1616 (a) the defendant's probation or parole for the conviction did not result in a successful
1617 discharge but the defendant is successfully discharged from probation or parole for a
1618 subsequent conviction of an offense;
1619 (b) (i) at least five years have passed after the day on which the defendant is sentenced
1620 for the subsequent conviction; or
1621 (ii) at least three years have passed after the day on which the defendant is sentenced
1622 for the subsequent conviction and the prosecuting attorney consents to the reduction;
1623 (c) the defendant is not convicted of a serious offense during the time period described
1624 in Subsection (4)(b);
1625 (d) there are no criminal proceedings pending against the defendant;
1626 (e) the defendant is not on probation, on parole, or currently incarcerated for any other
1627 offense;
1628 (f) if the offense for which the reduction is sought is a violent felony, the prosecuting
1629 attorney consents to the reduction; and
1630 (g) the court finds that entering a judgment of conviction for a lower degree of offense
1631 is in the interest of justice in accordance with Subsection (7).
1632 (5) Upon a motion from the prosecuting attorney or the defendant, the court may enter
1633 a judgment of conviction for a lower degree of offense than established by statute if:
1634 (a) the defendant's probation or parole for the conviction did not result in a successful
1635 discharge but the defendant is successfully discharged from a rehabilitation program;
1636 (b) at least three years have passed after the day on which the defendant is successfully
1637 discharged from the rehabilitation program;
1638 (c) the defendant is not convicted of a serious offense during the time period described
1639 in Subsection (5)(b);
1640 (d) there are no criminal proceedings pending against the defendant;
1641 (e) the defendant is not on probation, on parole, or currently incarcerated for any other
1642 offense;
1643 (f) if the offense for which the reduction is sought is a violent felony, the prosecuting
1644 attorney consents to the reduction; and
1645 (g) the court finds that entering a judgment of conviction for a lower degree of offense
1646 is in the interest of justice in accordance with Subsection (7).
1647 (6) Upon a motion from the prosecuting attorney or the defendant, the court may enter
1648 a judgment of conviction for a lower degree of offense than established by statute if:
1649 (a) at least five years have passed after the day on which the defendant's probation or
1650 parole for the conviction did not result in a successful discharge;
1651 (b) the defendant is not convicted of a serious offense during the time period described
1652 in Subsection (6)(a);
1653 (c) there are no criminal proceedings pending against the defendant;
1654 (d) the defendant is not on probation, on parole, or currently incarcerated for any other
1655 offense;
1656 (e) if the offense for which the reduction is sought is a violent felony, the prosecuting
1657 attorney consents to the reduction; and
1658 (f) the court finds that entering a judgment of conviction for a lower degree of offense
1659 is in the interest of justice in accordance with Subsection (7).
1660 (7) In determining whether entering a judgment of a conviction for a lower degree of
1661 offense is in the interest of justice under Subsection (3), (4), (5), or (6):
1662 (a) the court shall consider:
1663 (i) the nature, circumstances, and severity of the offense for which a reduction is
1664 sought;
1665 (ii) the physical, emotional, or other harm that the defendant caused any victim of the
1666 offense for which the reduction is sought; and
1667 (iii) any input from a victim of the offense; and
1668 (b) the court may consider:
1669 (i) any special characteristics or circumstances of the defendant, including the
1670 defendant's criminogenic risks and needs;
1671 (ii) the defendant's criminal history;
1672 (iii) the defendant's employment and community service history;
1673 (iv) whether the defendant participated in a rehabilitative program and successfully
1674 completed the program;
1675 (v) any effect that a reduction would have on the defendant's ability to obtain or
1676 reapply for a professional license from the Department of Commerce;
1677 (vi) whether the level of the offense has been reduced by law after the defendant's
1678 conviction;
1679 (vii) any potential impact that the reduction would have on public safety; or
1680 (viii) any other circumstances that are reasonably related to the defendant or the
1681 offense for which the reduction is sought.
1682 (8) (a) A court may only enter a judgment of conviction for a lower degree of offense
1683 under Subsection (3), (4), (5), or (6) after:
1684 (i) notice is provided to the other party;
1685 (ii) reasonable efforts have been made by the prosecuting attorney to provide notice to
1686 any victims; and
1687 (iii) a hearing is held if a hearing is requested by either party.
1688 (b) A prosecuting attorney is entitled to a hearing on a motion seeking to reduce a
1689 judgment of conviction for a lower degree of offense under Subsection (3), (4), (5), or (6).
1690 (c) In a motion under Subsection (3), (4), (5), or (6) and at a requested hearing on the
1691 motion, the moving party has the burden to provide evidence sufficient to demonstrate that the
1692 requirements under Subsection (3), (4), (5), or (6) are met.
1693 (9) A court has jurisdiction to consider and enter a judgment of conviction for a lower
1694 degree of offense under Subsection (3), (4), (5), or (6) regardless of whether the defendant is
1695 committed to jail as a condition of probation or is sentenced to prison.
1696 (10) (a) An offense may be reduced only one degree under this section, unless the
1697 prosecuting attorney specifically agrees in writing or on the court record that the offense may
1698 be reduced two degrees.
1699 (b) An offense may not be reduced under this section by more than two degrees.
1700 (11) This section does not preclude an individual from obtaining or being granted an
1701 expungement of the individual's record in accordance with Title 77, Chapter 40a,
1702 Expungement.
1703 (12) The court may not enter a judgment for a conviction for a lower degree of offense
1704 under this section if:
1705 (a) the reduction is specifically precluded by law; or
1706 (b) any unpaid balance remains on court-ordered restitution for the offense for which
1707 the reduction is sought.
1708 (13) When the court enters a judgment for a lower degree of offense under this section,
1709 the actual title of the offense for which the reduction is made may not be altered.
1710 (14) (a) An individual may not obtain a reduction under this section of a conviction
1711 that requires the individual to register as a sex offender, kidnap offender, or child abuse
1712 offender until the registration requirements under [
1713
1714 have expired.
1715 (b) An individual required to register as a sex offender, kidnap offender, or child abuse
1716 offender for the individual's lifetime under Subsection 77-41-105(3)(c) may not be granted a
1717 reduction of the conviction for the offense or offenses that require the individual to register as a
1718 sex offender, kidnap offender, or child abuse offender.
1719 [
1720
1721
1722 [
1723
1724
1725 Section 16. Section 76-5-401 is amended to read:
1726 76-5-401. Unlawful sexual activity with a minor -- Penalties -- Evidence of age
1727 raised by defendant -- Limitations.
1728 (1) (a) As used in this section, "minor" means an individual who is 14 years old or
1729 older, but younger than 16 years old, at the time the sexual activity described in Subsection (2)
1730 occurred.
1731 (b) Terms defined in Section 76-1-101.5 apply to this section.
1732 (2) (a) Under circumstances not amounting to an offense listed in Subsection (4), an
1733 actor 18 years old or older commits unlawful sexual activity with a minor if the actor:
1734 (i) has sexual intercourse with the minor;
1735 (ii) engages in any sexual act with the minor involving the genitals of an individual and
1736 the mouth or anus of another individual; or
1737 (iii) causes the penetration, however slight, of the genital or anal opening of the minor
1738 by a foreign object, substance, instrument, or device, including a part of the human body, with
1739 the intent to cause substantial emotional or bodily pain to any individual or with the intent to
1740 arouse or gratify the sexual desire of any individual.
1741 (b) Any touching, however slight, is sufficient to constitute the relevant element of a
1742 violation of Subsection (2)(a)(ii).
1743 (3) (a) A violation of Subsection (2) is a third degree felony.
1744 (b) (i) Notwithstanding Subsection (3)(a) or (c), if the defendant establishes by a
1745 preponderance of the evidence the mitigating factor that the defendant is less than four years
1746 older than the minor at the time the sexual activity occurred, the offense is a class B
1747 misdemeanor.
1748 (ii) An offense under Subsection (3)(b)(i) is not subject to registration under
1749 Subsection [
1750 (c) (i) Notwithstanding Subsection (3)(a), if the defendant establishes by a
1751 preponderance of the evidence the mitigating factor that the defendant was younger than 21
1752 years old at the time the sexual activity occurred, the offense is a class A misdemeanor.
1753 (ii) An offense under Subsection (3)(c)(i) is not subject to registration under
1754 Subsection [
1755 (4) The offenses referred to in Subsection (2)(a) are:
1756 (a) rape, in violation of Section 76-5-402;
1757 (b) object rape, in violation of Section 76-5-402.2;
1758 (c) forcible sodomy, in violation of Section 76-5-403;
1759 (d) aggravated sexual assault, in violation of Section 76-5-405; or
1760 (e) an attempt to commit an offense listed in Subsections (4)(a) through (4)(d).
1761 Section 17. Section 76-5-401.1 is amended to read:
1762 76-5-401.1. Sexual abuse of a minor -- Penalties -- Limitations.
1763 (1) (a) As used in this section:
1764 (i) "Indecent liberties" means:
1765 (A) the actor touching another individual's genitals, anus, buttocks, pubic area, or
1766 female breast;
1767 (B) causing any part of an individual's body to touch the actor's or another's genitals,
1768 pubic area, anus, buttocks, or female breast;
1769 (C) simulating or pretending to engage in sexual intercourse with another individual,
1770 including genital-genital, oral-genital, anal-genital, or oral-anal intercourse; or
1771 (D) causing an individual to simulate or pretend to engage in sexual intercourse with
1772 the actor or another, including genital-genital, oral-genital, anal-genital, or oral-anal
1773 intercourse.
1774 (ii) "Minor" means an individual who is 14 years old or older, but younger than 16
1775 years old, at the time the sexual activity described in Subsection (2) occurred.
1776 (b) Terms defined in Section 76-1-101.5 apply to this section.
1777 (2) (a) Under circumstances not amounting to an offense listed in Subsection (4), an
1778 actor commits sexual abuse of a minor if the actor:
1779 (i) is four years or more older than the minor; and
1780 (ii) with the intent to cause substantial emotional or bodily pain to any individual, or
1781 with the intent to arouse or gratify the sexual desire of any individual:
1782 (A) touches the anus, buttocks, pubic area, or any part of the genitals of the minor;
1783 (B) touches the breast of a female minor; or
1784 (C) otherwise takes indecent liberties with the minor.
1785 (b) Any touching, even if accomplished through clothing, is sufficient to constitute the
1786 relevant element of a violation of Subsection (2)(a).
1787 (3) A violation of Subsection (2)(a) is:
1788 (a) a class A misdemeanor; and
1789 (b) not subject to registration under Subsection [
1790 77-41-102(19)(a)(viii) on a first offense if the offender was younger than 21 years old at the
1791 time of the offense.
1792 (4) The offenses referred to in Subsection (2)(a) are:
1793 (a) unlawful sexual activity with a minor, in violation of Section 76-5-401;
1794 (b) rape, in violation of Section 76-5-402;
1795 (c) object rape, in violation of Section 76-5-402.2;
1796 (d) forcible sodomy, in violation of Section 76-5-403;
1797 (e) aggravated sexual assault, in violation of Section 76-5-405; or
1798 (f) an attempt to commit an offense listed in Subsections (4)(a) through (e).
1799 Section 18. Section 76-5-401.3 is amended to read:
1800 76-5-401.3. Unlawful adolescent sexual activity -- Penalties -- Limitations.
1801 (1) (a) As used in this section, "adolescent" means an individual in the transitional
1802 phase of human physical and psychological growth and development between childhood and
1803 adulthood who is 12 years old or older, but younger than 18 years old.
1804 (b) Terms defined in Section 76-1-101.5 apply to this section.
1805 (2) Under circumstances not amounting to an offense listed in Subsection (4), an actor
1806 commits unlawful sexual activity if the actor:
1807 (a) is an adolescent; and
1808 (b) has sexual activity with another adolescent.
1809 (3) A violation of Subsection (2) is a:
1810 (a) third degree felony if an actor who is 17 years old engages in unlawful adolescent
1811 sexual activity with an adolescent who is 12 or 13 years old;
1812 (b) third degree felony if an actor who is 16 years old engages in unlawful adolescent
1813 sexual activity with an adolescent who is 12 years old;
1814 (c) class A misdemeanor if an actor who is 16 years old engages in unlawful adolescent
1815 sexual activity with an adolescent who is 13 years old;
1816 (d) class A misdemeanor if an actor who is 14 or 15 years old engages in unlawful
1817 adolescent sexual activity with an adolescent who is 12 years old;
1818 (e) class B misdemeanor if an actor who is 17 years old engages in unlawful adolescent
1819 sexual activity with an adolescent who is 14 years old;
1820 (f) class B misdemeanor if an actor who is 15 years old engages in unlawful adolescent
1821 sexual activity with an adolescent who is 13 years old;
1822 (g) class C misdemeanor if an actor who is 12 or 13 years old engages in unlawful
1823 adolescent sexual activity with an adolescent who is 12 or 13 years old; and
1824 (h) class C misdemeanor if an actor who is 14 years old engages in unlawful adolescent
1825 sexual activity with an adolescent who is 13 years old.
1826 (4) The offenses referred to in Subsection (2) are:
1827 (a) rape[
1828 (b) rape of a child[
1829 (c) object rape[
1830 (d) object rape of a child[
1831 (e) forcible sodomy[
1832 (f) sodomy on a child[
1833 (g) sexual abuse of a child[
1834 (h) aggravated sexual assault[
1835 (i) incest[
1836 (j) an attempt to commit [
1837 (5) An offense under this section is not eligible for a nonjudicial adjustment under
1838 Section 80-6-303.5 or a referral to a youth court under Section 80-6-902.
1839 (6) Except for an offense that is transferred to a district court by the juvenile court in
1840 accordance with Section 80-6-504, the district court may enter any sentence or combination of
1841 sentences that would have been available in juvenile court but for the delayed reporting or
1842 delayed filing of the information in the district court.
1843 (7) An offense under this section is not subject to registration under Subsection
1844 [
1845 Section 19. Section 76-9-702 is amended to read:
1846 76-9-702. Lewdness.
1847 (1) A person is guilty of lewdness if the person under circumstances not amounting to
1848 rape, object rape, forcible sodomy, forcible sexual abuse, aggravated sexual assault, sexual
1849 abuse of a minor, unlawful sexual conduct with a 16- or 17-year-old, custodial sexual relations
1850 under Section 76-5-412, custodial sexual misconduct under Section 76-5-412.2, custodial
1851 sexual relations with youth receiving state services under Section 76-5-413, custodial sexual
1852 misconduct with youth receiving state services under Section 76-5-413.2, or an attempt to
1853 commit any of these offenses, performs any of the following acts in a public place or under
1854 circumstances which the person should know will likely cause affront or alarm to, on, or in the
1855 presence of another individual who is 14 years old or older:
1856 (a) an act of sexual intercourse or sodomy;
1857 (b) exposes his or her genitals, the female breast below the top of the areola, the
1858 buttocks, the anus, or the pubic area;
1859 (c) masturbates; or
1860 (d) any other act of lewdness.
1861 (2) (a) A person convicted the first or second time of a violation of Subsection (1) is
1862 guilty of a class B misdemeanor, except under Subsection (2)(b).
1863 (b) A person convicted of a violation of Subsection (1) is guilty of a third degree felony
1864 if at the time of the violation:
1865 (i) the person is a sex offender as defined in Section 77-27-21.7;
1866 (ii) the person has been previously convicted two or more times of violating Subsection
1867 (1); or
1868 (iii) the person has previously been convicted of a violation of Subsection (1) and has
1869 also previously been convicted of a violation of Section 76-9-702.5.
1870 (c) (i) For purposes of this Subsection (2) and Subsection [
1871 77-41-102(19), a plea of guilty or nolo contendere to a charge under this section that is held in
1872 abeyance under Title 77, Chapter 2a, Pleas in Abeyance, is the equivalent of a conviction.
1873 (ii) This Subsection (2)(c) also applies if the charge under this Subsection (2) has been
1874 subsequently reduced or dismissed in accordance with the plea in abeyance agreement.
1875 (3) A woman's breast feeding, including breast feeding in any location where the
1876 woman otherwise may rightfully be, does not under any circumstance constitute a lewd act,
1877 irrespective of whether or not the breast is covered during or incidental to feeding.
1878 Section 20. Section 76-9-702.1 is amended to read:
1879 76-9-702.1. Sexual battery.
1880 (1) [
1881 circumstances not amounting to an offense under Subsection (2), intentionally touches, whether
1882 or not through clothing, the anus, buttocks, or any part of the genitals of another [
1883 individual, or the breast of a female [
1884 circumstances the actor knows or should know will likely cause affront or alarm to the [
1885 individual touched.
1886 (2) Offenses referred to in Subsection (1) are:
1887 (a) rape[
1888 (b) rape of a child[
1889 (c) object rape[
1890 (d) object rape of a child[
1891 (e) forcible sodomy[
1892 (f) sodomy on a child[
1893 (g) forcible sexual abuse[
1894 (h) sexual abuse of a child[
1895 (i) aggravated sexual abuse of a child[
1896 (j) aggravated sexual assault[
1897 (k) an attempt to commit [
1898 (3) Sexual battery is a class A misdemeanor.
1899 (4) (a) For purposes of Subsection [
1900 or nolo contendere to a charge under this section that is held in abeyance under Title 77,
1901 Chapter 2a, Pleas in Abeyance, is the equivalent of a conviction.
1902 (b) This Subsection (4) also applies if the charge under this section has been
1903 subsequently reduced or dismissed in accordance with the plea in abeyance agreement.
1904 Section 21. Section 77-2-2.3 is amended to read:
1905 77-2-2.3. Reducing the level of an offense.
1906 (1) Notwithstanding any other provision of law, a prosecuting attorney may:
1907 (a) present and file an information charging an individual for an offense under
1908 Subsections 76-3-103(1)(b) through (d), Subsection 76-3-103(2), or Section 76-3-104 with a
1909 classification of the offense at one degree lower than the classification that is provided in
1910 statute if the prosecuting attorney believes that the sentence would be disproportionate to the
1911 offense because there are special circumstances relating to the offense; or
1912 (b) subject to the approval of the court, amend an information, as part of a plea
1913 agreement, to charge an individual for an offense under Subsections 76-3-103(1)(b) through
1914 (d), Subsection 76-3-103(2), or Section 76-3-104 with a classification of the offense at one
1915 degree lower than the classification that is provided in statute.
1916 (2) A court may:
1917 (a) enter a judgment of conviction for an offense filed under Subsection (1) at one
1918 degree lower than classified in statute; and
1919 (b) impose a sentence for the offense filed under Subsection (1) at one degree lower
1920 than classified in statute.
1921 (3) A conviction of an offense at one degree lower than classified in statute under
1922 Subsection (2) does not affect the requirements for registration of the offense under [
1923
1924
1925 elements of the offense for which the defendant is convicted are the same as the elements of an
1926 offense described in Section 77-41-102 [
1927 (4) This section does not preclude an individual from obtaining and being granted an
1928 expungement for the individual's record in accordance with Title 77, Chapter 40a,
1929 Expungement.
1930 Section 22. Section 77-11c-101 is amended to read:
1931 77-11c-101. Definitions.
1932 As used in this chapter:
1933 (1) "Acquitted" means the same as that term is defined in Section 77-11b-101.
1934 (2) "Adjudicated" means that:
1935 (a) (i) a judgment of conviction by plea or verdict of an offense has been entered by a
1936 court; and
1937 (ii) a sentence has been imposed by the court; or
1938 (b) a judgment has been entered for an adjudication of an offense by a juvenile court
1939 under Section 80-6-701.
1940 (3) "Adjudication" means:
1941 (a) a judgment of conviction by plea or verdict of an offense; or
1942 (b) an adjudication for an offense by a juvenile court under Section 80-6-701.
1943 (4) "Agency" means the same as that term is defined in Section 77-11a-101.
1944 (5) "Appellate court" means the Utah Court of Appeals, the Utah Supreme Court, or
1945 the United States Supreme Court.
1946 (6) (a) "Biological evidence" means an item that contains blood, semen, hair, saliva,
1947 epithelial cells, latent fingerprint evidence that may contain biological material suitable for
1948 DNA testing, or other identifiable human biological material that:
1949 (i) is collected as part of an investigation or prosecution of a violent felony offense;
1950 and
1951 (ii) may reasonably be used to incriminate or exculpate a person for the violent felony
1952 offense.
1953 (b) "Biological evidence" includes:
1954 (i) material that is catalogued separately, including:
1955 (A) on a slide or swab; or
1956 (B) inside a test tube, if the evidentiary sample that previously was inside the test tube
1957 has been consumed by testing;
1958 (ii) material that is present on other evidence, including clothing, a ligature, bedding, a
1959 drinking cup, a cigarette, or a weapon, from which a DNA profile may be obtained;
1960 (iii) the contents of a sexual assault examination kit; and
1961 (iv) for a violent felony offense, material described in this Subsection (6) that is in the
1962 custody of an evidence collecting or retaining entity on May 4, 2022.
1963 (7) "Claimant" means the same as that term is defined in Section 77-11a-101.
1964 (8) "Computer" means the same as that term is defined in Section 77-11a-101.
1965 (9) "Continuous chain of custody" means:
1966 (a) for a law enforcement agency or a court, that legal standards regarding a continuous
1967 chain of custody are maintained; and
1968 (b) for an entity that is not a law enforcement agency or a court, that the entity
1969 maintains a record in accordance with legal standards required of the entity.
1970 (10) "Contraband" means the same as that term is defined in Section 77-11a-101.
1971 (11) "Controlled substance" means the same as that term is defined in Section 58-37-2.
1972 (12) "Court" means a municipal, county, or state court.
1973 (13) "DNA" means deoxyribonucleic acid.
1974 (14) "DNA profile" means a unique identifier of an individual derived from DNA.
1975 (15) "Drug paraphernalia" means the same as that term is defined in Section 58-37a-3.
1976 (16) "Evidence" means property, contraband, or an item or substance that:
1977 (a) is seized or collected as part of an investigation or prosecution of an offense; and
1978 (b) may reasonably be used to incriminate or exculpate an individual for an offense.
1979 (17) (a) "Evidence collecting or retaining entity" means an entity within the state that
1980 collects, stores, or retrieves biological evidence.
1981 (b) "Evidence collecting or retaining entity" includes:
1982 (i) a medical or forensic entity;
1983 (ii) a law enforcement agency;
1984 (iii) a court; and
1985 (iv) an official, employee, or agent of an entity or agency described in this Subsection
1986 (17).
1987 (18) "Exhibit" means property, contraband, or an item or substance that is admitted
1988 into evidence for a court proceeding.
1989 (19) "In custody" means an individual who:
1990 (a) is incarcerated, civilly committed, on parole, or on probation; or
1991 (b) is required to register under [
1992
1993 (20) "Law enforcement agency" means the same as that term is defined in Section
1994 77-11a-101.
1995 (21) "Medical or forensic entity" means a private or public hospital, medical facility, or
1996 other entity that secures biological evidence or conducts forensic examinations related to
1997 criminal investigations.
1998 (22) "Physical evidence" includes evidence that:
1999 (a) is related to:
2000 (i) an investigation;
2001 (ii) an arrest; or
2002 (iii) a prosecution that resulted in a judgment of conviction; and
2003 (b) is in the actual or constructive possession of a law enforcement agency or a court or
2004 an agent of a law enforcement agency or a court.
2005 (23) "Property" means the same as that term is defined in Section 77-11a-101.
2006 (24) "Prosecuting attorney" means the same as that term is defined in Section
2007 77-11a-101.
2008 (25) "Violent felony offense" means the same as the term "violent felony" is defined in
2009 Section 76-3-203.5.
2010 (26) "Wildlife" means the same as that term is defined in Section 23A-1-101.
2011 Section 23. Section 77-27-5.2 is amended to read:
2012 77-27-5.2. Board authority to order removal from Sex, Kidnap, and Child Abuse
2013 Offender Registry.
2014 (1) If the board grants a pardon for a conviction that is the basis for an individual's
2015 registration on the Sex [
2016 an order directing the Department of [
2017 name and personal information relating to the pardoned conviction from the Sex [
2018 and Child Abuse Offender Registry.
2019 (2) An order described in Subsection (1), issued by the board, satisfies the notification
2020 requirement described in Subsection 77-41-113(1)(b).
2021 Section 24. Section 77-27-21.7 is amended to read:
2022 77-27-21.7. Sex offender restrictions.
2023 (1) As used in this section:
2024 (a) "Condominium project" means the same as that term is defined in Section 57-8-3.
2025 (b) "Minor" means an individual who is younger than 18 years old;
2026 (c) (i) "Protected area" means the premises occupied by:
2027 (A) a licensed day care or preschool facility;
2028 (B) a public swimming pool or a swimming pool maintained, operated, or owned by a
2029 homeowners' association, condominium project, or apartment complex;
2030 (C) a public or private primary or secondary school that is not on the grounds of a
2031 correctional facility;
2032 (D) a community park that is open to the public or a park maintained, operated, or
2033 owned by a homeowners' association, condominium project, or apartment complex;
2034 (E) a public playground or a playground maintained, operated, or owned by a
2035 homeowners' association, condominium project, or apartment complex, including those areas
2036 designed to provide minors with space, recreational equipment, or other amenities intended to
2037 allow minors to engage in physical activity; and
2038 (F) except as provided in Subsection (1)(c)(ii), an area that is 1,000 feet or less from
2039 the residence of a victim of the sex offender if the sex offender is subject to a victim requested
2040 restriction.
2041 (ii) "Protected area" does not include:
2042 (A) the area described in Subsection (1)(c)(i)(F) if the victim is a member of the
2043 immediate family of the sex offender and the terms of the sex offender's agreement of
2044 probation or parole allow the sex offender to reside in the same residence as the victim;
2045 (B) a park, playground, or swimming pool located on the property of a residential
2046 home;
2047 (C) a park or swimming pool that prohibits minors at all times from using the park or
2048 swimming pool; or
2049 (D) a park or swimming pool maintained, operated, or owned by a homeowners'
2050 association, condominium project, or apartment complex established for residents 55 years old
2051 or older if no minors are present at the park or swimming pool at the time the sex offender is
2052 present at the park or swimming pool.
2053 (d) "Sex offender" means an adult or juvenile who is required to register in accordance
2054 with [
2055 Kidnap, and Child Abuse Offender Registry, due to a conviction for an offense that is
2056 committed against a person younger than 18 years old.
2057 (2) For purposes of Subsection (1)(c)(i)(F), a sex offender is subject to a victim
2058 requested restriction if:
2059 (a) the sex offender is on probation or parole for an offense that requires the offender to
2060 register in accordance with [
2061 Chapter 41, Sex, Kidnap, and Child Abuse Offender Registry;
2062 (b) the victim or the victim's parent or guardian advises the Department of
2063 [
2064 authorizes the Department of [
2065 where the victim resides; and
2066 (c) the Department of [
2067 that the sex offender is prohibited from being in the area described in Subsection (1)(c)(i)(F)
2068 and provides a description of the location of the protected area to the sex offender.
2069 (3) A sex offender may not:
2070 (a) be in a protected area except:
2071 (i) when the sex offender must be in a protected area to perform the sex offender's
2072 parental responsibilities;
2073 (ii) (A) when the protected area is a public or private primary or secondary school; and
2074 (B) the school is open and being used for a public activity other than a school-related
2075 function that involves a minor; or
2076 (iii) (A) if the protected area is a licensed day care or preschool facility located within a
2077 building that is open to the public for purposes other than the operation of the day care or
2078 preschool facility; and
2079 (B) the sex offender does not enter a part of the building that is occupied by the day
2080 care or preschool facility; or
2081 (b) serve as an athletic coach, manager, or trainer for a sports team of which a minor
2082 who is younger than 18 years old is a member.
2083 (4) A sex offender who violates this section is guilty of:
2084 (a) a class A misdemeanor; or
2085 (b) if previously convicted of violating this section within the last ten years, a third
2086 degree felony.
2087 Section 25. Section 77-27-21.8 is amended to read:
2088 77-27-21.8. Sex offender in presence of a child -- Definitions -- Penalties.
2089 (1) As used in this section:
2090 (a) "Accompany" means:
2091 (i) to be in the presence of an individual; and
2092 (ii) to move or travel with that individual from one location to another, whether
2093 outdoors, indoors, or in or on any type of vehicle.
2094 (b) "Child" means an individual younger than 14 years of age.
2095 (2) A sex offender subject to registration in accordance with [
2096
2097 Registry, for an offense committed or attempted to be committed against a child younger than
2098 14 years of age is guilty of a class A misdemeanor if the sex offender requests, invites, or
2099 solicits a child to accompany the sex offender, under circumstances that do not constitute an
2100 attempt to violate Section 76-5-301.1, child kidnapping, unless:
2101 (a) (i) the sex offender, prior to accompanying the child:
2102 (A) verbally advises the child's parent or legal guardian that the sex offender is on the
2103 state sex offender registry and is required by state law to obtain written permission in order for
2104 the sex offender to accompany the child; and
2105 (B) requests that the child's parent or legal guardian provide written authorization for
2106 the sex offender to accompany the child, including the specific dates and locations;
2107 (ii) the child's parent or legal guardian has provided to the sex offender written
2108 authorization, including the specific dates and locations, for the sex offender to accompany the
2109 child; and
2110 (iii) the sex offender has possession of the written authorization and is accompanying
2111 the child only at the dates and locations specified in the authorization;
2112 (b) the child's parent or guardian has verbally authorized the sex offender to
2113 accompany the child either in the child's residence or on property appurtenant to the child's
2114 residence, but in no other locations; or
2115 (c) the child is the natural child of the sex offender, and the offender is not prohibited
2116 by any court order, or probation or parole provision, from contact with the child.
2117 (3) (a) A sex offender convicted of a violation of Subsection (2) is subject to
2118 registration in accordance with [
2119 77, Chapter 41, Sex, Kidnap, and Child Abuse Offender Registry, for an additional five years
2120 subsequent to the required registration under Section 77-41-105.
2121 (b) The period of additional registration imposed under Subsection (3)(a) is also in
2122 addition to any period of registration imposed under Subsection 77-41-107(3) for failure to
2123 comply with registration requirements.
2124 (4) It is not a defense to a prosecution under this section that the defendant mistakenly
2125 believed the individual to be 14 years of age or older at the time of the offense or was unaware
2126 of the individual's true age.
2127 (5) This section does not apply if a sex offender is acting to rescue a child who is in an
2128 emergency and life-threatening situation.
2129 Section 26. Section 77-38-605 is amended to read:
2130 77-38-605. Administration -- Application.
2131 (1) The commission shall provide an application form to an applicant who seeks to
2132 participate in the program under this part.
2133 (2) The commission may not charge an applicant or program participant for an
2134 application or participation fee to apply for, or participate in, the program.
2135 (3) The application shall include:
2136 (a) the applicant's name;
2137 (b) a mailing address, a phone number, and an email address where the applicant may
2138 be contacted by the commission;
2139 (c) an indication regarding whether the assailant is employed by a state or local
2140 government entity, and if applicable, the name of the state or local government entity;
2141 (d) a statement that the applicant understands and consents to:
2142 (i) remain enrolled in the program for four years, unless the applicant's participation in
2143 the program is cancelled under Section 77-38-617;
2144 (ii) while the applicant is enrolled in the program, notify the commission when the
2145 applicant changes the applicant's actual address or legal name;
2146 (iii) develop a safety plan with a program assistant;
2147 (iv) authorize the commission to notify a state or local government entity that the
2148 applicant is a program participant;
2149 (v) submit written notice to the commission if the applicant chooses to cancel the
2150 applicant's participation in the program;
2151 (vi) register to vote in person at the office of the clerk in the county where the
2152 applicant's actual address is located; and
2153 (vii) certify that the commission is the applicant's designated agent for service of
2154 process for personal service;
2155 (e) evidence that the applicant, or a minor or an incapacitated individual residing with
2156 the applicant, is a victim, including:
2157 (i) a law enforcement, court, or other state, local, or federal government agency record;
2158 or
2159 (ii) a document from:
2160 (A) a domestic violence program, facility, or shelter;
2161 (B) a sexual assault program; or
2162 (C) a religious, medical, or other professional from whom the applicant, or the minor
2163 or the incapacitated individual residing with the applicant, sought assistance in dealing with
2164 alleged abuse, domestic violence, stalking, or a sexual offense;
2165 (f) a statement from the applicant that a disclosure of the applicant's actual address
2166 would endanger the applicant, or a minor or an incapacitated individual residing with the
2167 applicant;
2168 (g) a statement by the applicant that the applicant:
2169 (i) resides at a residential address that is not known by the assailant;
2170 (ii) has relocated to a different residential address in the past 90 days that is not known
2171 by the assailant; or
2172 (iii) will relocate to a different residential address in the state within 90 days that is not
2173 known by the assailant;
2174 (h) the actual address that:
2175 (i) the applicant requests that the commission not disclose; and
2176 (ii) is at risk of discovery by the assailant or potential assailant;
2177 (i) a statement by the applicant disclosing:
2178 (i) the existence of a court order or action involving the applicant, or a minor or an
2179 incapacitated individual residing with the applicant, related to a divorce proceeding, a child
2180 support order or judgment, or the allocation of custody or parent-time; and
2181 (ii) the court that issued the order or has jurisdiction over the action;
2182 (j) the name of any other individual who resides with the applicant who needs to be a
2183 program participant to ensure the safety of the applicant, or a minor or an incapacitated
2184 individual residing with the applicant;
2185 (k) a statement by the applicant that:
2186 (i) the applicant, or a minor or an incapacitated individual residing at the same address
2187 as the applicant, will benefit from participation in the program;
2188 (ii) if the applicant intends to vote, the applicant will register to vote at the office of the
2189 clerk in the county in which the applicant actually resides; and
2190 (iii) the applicant does not have a current obligation to register as a sex offender [
2191 kidnap offender, or child abuse offender under [
2192
2193 [
2194
2195 (l) a statement by the applicant, under penalty of perjury, that the information
2196 contained in the application is true;
2197 (m) a statement that:
2198 (i) if the applicant intends to use the assigned address for any correspondence with the
2199 State Tax Commission, the applicant must provide the State Tax Commission with the
2200 applicant's social security number, federal employee identification number, and any other
2201 identification number related to a tax, fee, charge, or license administered by the State Tax
2202 Commission; and
2203 (ii) if the applicant intends to use the assigned address for correspondence to a state or
2204 local government entity for the purpose of titling or registering a motor vehicle or a watercraft
2205 that is owned or leased by the applicant, the applicant shall provide to the state or local
2206 government entity for each motor vehicle or watercraft:
2207 (A) the motor vehicle or hull identification number;
2208 (B) the license plate or registration number for the motor vehicle or the watercraft; and
2209 (C) the physical address where each motor vehicle or watercraft is stored; and
2210 (n) a statement that any assistance or counseling provided by a program assistant as
2211 part of the program does not constitute legal advice or legal services to the applicant.
2212 Section 27. Section 77-40a-303 is amended to read:
2213 77-40a-303. Requirements for a certificate of eligibility to expunge records of a
2214 conviction.
2215 (1) Except as otherwise provided by this section, a petitioner is eligible to receive a
2216 certificate of eligibility from the bureau to expunge the records of a conviction if:
2217 (a) the petitioner has paid in full all fines and interest ordered by the court related to the
2218 conviction for which expungement is sought;
2219 (b) the petitioner has paid in full all restitution ordered by the court under Section
2220 77-38b-205; and
2221 (c) the following time periods have passed after the day on which the petitioner was
2222 convicted or released from incarceration, parole, or probation, whichever occurred last, for the
2223 conviction that the petitioner seeks to expunge:
2224 (i) 10 years for the conviction of a misdemeanor under Subsection 41-6a-501(2);
2225 (ii) 10 years for the conviction of a felony for operating a motor vehicle with any
2226 amount of a controlled substance in an individual's body and causing serious bodily injury or
2227 death, as codified before May 4, 2022, Laws of Utah 2021,
2228 Chapter 236, Section 1, Subsection 58-37-8(2)(g);
2229 (iii) seven years for the conviction of a felony;
2230 (iv) five years for the conviction of a drug possession offense that is a felony;
2231 (v) five years for the conviction of a class A misdemeanor;
2232 (vi) four years for the conviction of a class B misdemeanor; or
2233 (vii) three years for the conviction of a class C misdemeanor or infraction.
2234 (2) A petitioner is not eligible to receive a certificate of eligibility from the bureau to
2235 expunge the records of a conviction under Subsection (1) if:
2236 (a) except as provided in Subsection (3), the conviction for which expungement is
2237 sought is:
2238 (i) a capital felony;
2239 (ii) a first degree felony;
2240 (iii) a felony conviction of a violent felony as defined in Subsection
2241 76-3-203.5(1)(c)(i);
2242 (iv) a felony conviction described in Subsection 41-6a-501(2);
2243 (v) an offense, or a combination of offenses, that would require the individual to
2244 register as a sex offender, as defined in Section 77-41-102; or
2245 (vi) a registerable child abuse offense as defined in Subsection [
2246 77-41-102(1);
2247 (b) there is a criminal proceeding for a misdemeanor or felony offense pending against
2248 the petitioner, unless the criminal proceeding is for a traffic offense;
2249 (c) there is a plea in abeyance for a misdemeanor or felony offense pending against the
2250 petitioner, unless the plea in abeyance is for a traffic offense;
2251 (d) the petitioner is currently incarcerated, on parole, or on probation, unless the
2252 petitioner is on probation or parole for an infraction, a traffic offense, or a minor regulatory
2253 offense;
2254 (e) the petitioner intentionally or knowingly provides false or misleading information
2255 on the application for a certificate of eligibility;
2256 (f) there is a criminal protective order or a criminal stalking injunction in effect for the
2257 case; or
2258 (g) the bureau determines that the petitioner's criminal history makes the petitioner
2259 ineligible for a certificate of eligibility under Subsection (4) or (5).
2260 (3) Subsection (2)(a) does not apply to a conviction for a qualifying sexual offense, as
2261 defined in Section 76-3-209, if, at the time of the offense, a petitioner who committed the
2262 offense was at least 14 years old but under 18 years old, unless the petitioner was convicted by
2263 a district court as an adult in accordance with Title 80, Chapter 6, Part 5, Transfer to District
2264 Court.
2265 (4) Subject to Subsections (6), (7), and (8), a petitioner is not eligible to receive a
2266 certificate of eligibility if, at the time the petitioner seeks the certificate of eligibility, the
2267 bureau determines that the petitioner's criminal history, including previously expunged
2268 convictions, contains any of the following:
2269 (a) two or more felony convictions other than for drug possession offenses, each of
2270 which is contained in a separate criminal episode;
2271 (b) any combination of three or more convictions other than for drug possession
2272 offenses that include two class A misdemeanor convictions, each of which is contained in a
2273 separate criminal episode;
2274 (c) any combination of four or more convictions other than for drug possession
2275 offenses that include three class B misdemeanor convictions, each of which is contained in a
2276 separate criminal episode; or
2277 (d) five or more convictions other than for drug possession offenses of any degree
2278 whether misdemeanor or felony, each of which is contained in a separate criminal episode.
2279 (5) Subject to Subsections (7) and (8), a petitioner is not eligible to receive a certificate
2280 of eligibility if, at the time the petitioner seeks the certificate of eligibility, the bureau
2281 determines that the petitioner's criminal history, including previously expunged convictions,
2282 contains any of the following:
2283 (a) three or more felony convictions for drug possession offenses, each of which is
2284 contained in a separate criminal episode; or
2285 (b) any combination of five or more convictions for drug possession offenses, each of
2286 which is contained in a separate criminal episode.
2287 (6) If the petitioner's criminal history contains convictions for both a drug possession
2288 offense and a non-drug possession offense arising from the same criminal episode, the bureau
2289 shall count that criminal episode as a conviction under Subsection (4) if any non-drug
2290 possession offense in that episode:
2291 (a) is a felony or class A misdemeanor; or
2292 (b) has the same or a longer waiting period under Subsection (1)(c) than any drug
2293 possession offense in that episode.
2294 (7) Except as provided in Subsection (8), if at least 10 years have passed after the day
2295 on which the petitioner was convicted or released from incarceration, parole, or probation,
2296 whichever occurred last, for all convictions:
2297 (a) each numerical eligibility limit under Subsections (4)(a) and (b) shall be increased
2298 by one; and
2299 (b) each numerical eligibility limit under Subsections (4)(c) and (d) is not applicable if
2300 the highest level of convicted offense in the criminal episode is:
2301 (i) a class B misdemeanor;
2302 (ii) a class C misdemeanor;
2303 (iii) a drug possession offense if none of the non-drug possession offenses in the
2304 criminal episode are a felony or a class A misdemeanor; or
2305 (iv) an infraction.
2306 (8) When determining whether a petitioner is eligible for a certificate of eligibility
2307 under Subsection (4), (5), or (7), the bureau may not consider a petitioner's pending case or
2308 prior conviction for:
2309 (a) an infraction;
2310 (b) a traffic offense;
2311 (c) a minor regulatory offense; or
2312 (d) a clean slate eligible case that was automatically expunged in accordance with
2313 Section 77-40a-201.
2314 (9) If the petitioner received a pardon before May 14, 2013, from the Utah Board of
2315 Pardons and Parole, the petitioner is entitled to an expungement order for all pardoned crimes
2316 in accordance with Section 77-27-5.1.
2317 Section 28. Section 77-40a-403 is amended to read:
2318 77-40a-403. Retention and release of expunged records -- Agencies.
2319 (1) (a) The bureau, after receiving an expungement order, shall keep, index, and
2320 maintain all expunged records of arrests and convictions.
2321 (b) Any agency, other than the bureau, receiving an expungement order shall develop
2322 and implement a process to identify and maintain an expunged record.
2323 (2) (a) An agency shall provide an individual who receives an expungement with
2324 written confirmation that the agency has expunged all records of the offense for which the
2325 individual received the expungement if the individual requests confirmation from the agency.
2326 (b) The bureau may charge a fee for providing a written confirmation under Subsection
2327 (2)(a) in accordance with the process in Section 63J-1-504.
2328 (3) (a) An employee of the bureau, or any agency with an expunged record, may not
2329 divulge any information contained in the expunged record to any person or agency without a
2330 court order unless:
2331 (i) specifically authorized by statute; or
2332 (ii) subject to Subsection (3)(b), the information in an expunged record is being shared
2333 with another agency through a records management system that both agencies use for the
2334 purpose of record management.
2335 (b) An agency with a records management system may not disclose any information in
2336 an expunged record with another agency or person that does not use the records management
2337 system for the purpose of record management.
2338 (4) The following entities or agencies may receive information contained in expunged
2339 records upon specific request:
2340 (a) the Board of Pardons and Parole;
2341 (b) Peace Officer Standards and Training;
2342 (c) federal authorities if required by federal law;
2343 (d) the State Board of Education;
2344 (e) the Commission on Criminal and Juvenile Justice, for purposes of investigating
2345 applicants for judicial office; and
2346 (f) a research institution or an agency engaged in research regarding the criminal justice
2347 system if:
2348 (i) the research institution or agency provides a legitimate research purpose for
2349 gathering information from the expunged records;
2350 (ii) the research institution or agency enters into a data sharing agreement with the
2351 court or agency with custody of the expunged records that protects the confidentiality of any
2352 identifying information in the expunged records;
2353 (iii) any research using expunged records does not include any individual's name or
2354 identifying information in any product of that research; and
2355 (iv) any product resulting from research using expunged records includes a disclosure
2356 that expunged records were used for research purposes.
2357 (5) Except as otherwise provided by this section or by court order, a person, an agency,
2358 or an entity authorized by this section to view expunged records may not reveal or release any
2359 information obtained from the expunged records to anyone outside the specific request,
2360 including distribution on a public website.
2361 (6) A prosecuting attorney may communicate with another prosecuting attorney, or
2362 another prosecutorial agency, regarding information in an expunged record that includes a
2363 conviction, or a charge dismissed as a result of a successful completion of a plea in abeyance
2364 agreement, for:
2365 (a) stalking as described in Section 76-5-106.5;
2366 (b) a domestic violence offense as defined in Section 77-36-1;
2367 (c) an offense that would require the individual to register as a sex offender, kidnap
2368 offender, or child abuse offender as defined in Section 77-41-102; or
2369 (d) a weapons offense under Title 76, Chapter 10, Part 5, Weapons.
2370 (7) Except as provided in Subsection (9), a prosecuting attorney may not use an
2371 expunged record for the purpose of a sentencing enhancement or as a basis for charging an
2372 individual with an offense that requires a prior conviction.
2373 (8) The bureau may also use the information in the bureau's index as provided in
2374 Section 53-5-704.
2375 (9) If, after obtaining an expungement, an individual is charged with a felony or an
2376 offense eligible for enhancement based on a prior conviction, the state may petition the court to
2377 open the expunged records upon a showing of good cause.
2378 (10) (a) For judicial sentencing, a court may order any records expunged under this
2379 chapter or Section 77-27-5.1 to be opened and admitted into evidence.
2380 (b) The records are confidential and are available for inspection only by the court,
2381 parties, counsel for the parties, and any other person who is authorized by the court to inspect
2382 them.
2383 (c) At the end of the action or proceeding, the court shall order the records expunged
2384 again.
2385 (d) Any person authorized by this Subsection (10) to view expunged records may not
2386 reveal or release any information obtained from the expunged records to anyone outside the
2387 court.
2388 (11) Records released under this chapter are classified as protected under Section
2389 63G-2-305 and are accessible only as provided under Title 63G, Chapter 2, Part 2, Access to
2390 Records, and Subsection 53-10-108(2)(k) for records held by the bureau.
2391 Section 29. Section 77-41-102 (Effective 07/01/24) is amended to read:
2392
2393 77-41-102 (Effective 07/01/24). Definitions.
2394 As used in this chapter:
2395 (1) "Child abuse offender" means an individual:
2396 (a) who has been convicted in this state of a violation of:
2397 (i) aggravated child abuse under Subsection 76-5-109.2(3)(a) or (b); or
2398 (ii) attempting, soliciting, or conspiring to commit aggravated child abuse under
2399 Subsection 76-5-109.2(3)(a) or (b);
2400 (b) (i) who has been convicted of a crime, or an attempt, solicitation, or conspiracy to
2401 commit a crime in another jurisdiction, including a state, federal, or military court, that is
2402 substantially equivalent to the offense listed in Subsection (1)(a); and
2403 (ii) (A) who is a Utah resident; or
2404 (B) who is not a Utah resident but is in this state for a total of 10 days in a 12-month
2405 period, regardless of whether the offender intends to permanently reside in this state;
2406 (c) (i) (A) who is required to register as a child abuse offender in another jurisdiction of
2407 original conviction;
2408 (B) who is required to register as a child abuse offender by a state, a federal, or a
2409 military court; or
2410 (C) who would be required to register as a child abuse offender if residing in the
2411 jurisdiction of the conviction regardless of the date of the conviction or a previous registration
2412 requirement; and
2413 (ii) who is in this state for a total of 10 days in a 12-month period, regardless of
2414 whether the offender intends to permanently reside in this state;
2415 (d) (i) (A) who is a nonresident regularly employed or working in this state; or
2416 (B) who is a student in this state; and
2417 (ii) (A) who was convicted of the offense listed in Subsection (1)(a) or a substantially
2418 equivalent offense in another jurisdiction; or
2419 (B) who is required to register in the individual's state of residence based on a
2420 conviction for an offense that is not substantially equivalent to an offense listed in Subsection
2421 (1)(a);
2422 (e) who is found not guilty by reason of insanity in this state or in another jurisdiction
2423 of the offense listed in Subsection (1)(a); or
2424 (f) (i) who is adjudicated under Section 80-6-701 for the offense listed in Subsection
2425 (1)(a); and
2426 (ii) who has been committed to the division for secure care, as defined in Section
2427 80-1-102, for that offense if:
2428 (A) the individual remains in the division's custody until 30 days before the individual's
2429 21st birthday;
2430 (B) the juvenile court extended the juvenile court's jurisdiction over the individual
2431 under Section 80-6-605 and the individual remains in the division's custody until 30 days
2432 before the individual's 25th birthday; or
2433 (C) the individual is moved from the division's custody to the custody of the
2434 department before expiration of the division's jurisdiction over the individual.
2435 (2) "Bureau" means the Bureau of Criminal Identification of the Department of Public
2436 Safety established in section 53-10-201.
2437 [
2438 business.
2439 [
2440 Identification showing that the offender has met the requirements of Section 77-41-112.
2441 [
2442 (i) guilty;
2443 (ii) guilty with a mental illness; or
2444 (iii) no contest.
2445 (b) "Convicted" includes, unless otherwise specified, the period a plea is held in
2446 abeyance pursuant to a plea in abeyance agreement as defined in Section 77-2a-1.
2447 (c) "Convicted" does not include:
2448 (i) a withdrawn or dismissed plea in abeyance;
2449 (ii) a diversion agreement; or
2450 (iii) an adjudication of a minor for an offense under Section 80-6-701.
2451 [
2452 [
2453 [
2454 or part time, whether financially compensated, volunteered, or for the purpose of government
2455 or educational benefit.
2456 [
2457 (a) all land within the limits of any Indian reservation under the jurisdiction of the
2458 United States government, regardless of the issuance of any patent, and includes rights-of-way
2459 running through the reservation;
2460 (b) all dependent Indian communities within the borders of the United States whether
2461 within the original or subsequently acquired territory, and whether or not within the limits of a
2462 state; and
2463 (c) all Indian allotments, including the Indian allotments to which the Indian titles have
2464 not been extinguished, including rights-of-way running through the allotments.
2465 [
2466 [
2467 Kingdom, Australia, or New Zealand.
2468 [
2469 the victim:
2470 (a) who has been convicted in this state of a violation of:
2471 (i) [
2472 (d);
2473 (ii) [
2474 (iii) [
2475 (iv) [
2476 (v) [
2477 [
2478
2479 [
2480 Subsection 76-5-308.5(4)(a);
2481 [
2482 [
2483 76-5-310.1;
2484 [
2485 Section 76-5-311; or
2486 [
2487 Subsections [
2488 (b) (i) who has been convicted of [
2489 conspiracy to commit a crime in another jurisdiction, including [
2490 military court, that is substantially equivalent to the offenses listed in Subsection [
2491 (11)(a); and
2492 (ii) (A) who is[
2493 (B) who is not a Utah resident[
2494 for a total of 10 [
2495 offender intends to permanently reside in this state;
2496 (c) (i) (A) who is required to register as a kidnap offender in [
2497 jurisdiction of original conviction;
2498 (B) who is required to register as a kidnap offender by [
2499 court; or
2500 (C) who would be required to register as a kidnap offender if residing in the
2501 jurisdiction of the conviction regardless of the date of the conviction or [
2502 registration [
2503 (ii) [
2504 12-month period, regardless of whether [
2505 this state;
2506 (d) (i) (A) who is a nonresident regularly employed or working in this state; or
2507 (B) who is a student in this state; and
2508 (ii) (A) who was convicted of one or more offenses listed in Subsection [
2509 or any substantially equivalent offense in another jurisdiction; or
2510 (B) [
2511 residence based on a conviction for an offense that is not substantially equivalent to an offense
2512 listed in Subsection (11)(a);
2513 (e) who is found not guilty by reason of insanity in this state or in any other jurisdiction
2514 of one or more offenses listed in Subsection [
2515 (f) (i) who is adjudicated under Section 80-6-701 for one or more offenses listed in
2516 Subsection [
2517 (ii) who has been committed to the division for secure care, as defined in Section
2518 80-1-102, for that offense if:
2519 (A) the individual remains in the division's custody until 30 days before the individual's
2520 21st birthday;
2521 (B) the juvenile court extended the juvenile court's jurisdiction over the individual
2522 under Section 80-6-605 and the individual remains in the division's custody until 30 days
2523 before the individual's 25th birthday; or
2524 (C) the individual is moved from the division's custody to the custody of the
2525 department before expiration of the division's jurisdiction over the individual.
2526 [
2527
2528 [
2529
2530 [
2531 (a) means any electronic mail, chat, instant messenger, social networking, or similar
2532 name used for Internet communication; and
2533 (b) does not include date of birth, social security number, PIN number, or Internet
2534 passwords.
2535 [
2536 resides, even if the offender intends to move to another location or return to another location at
2537 [
2538 [
2539 administrative rules of the department made under this chapter.
2540 [
2541 Offender Notification and Registration website described in Section 77-41-110 and the
2542 information on the website.
2543 [
2544 has a financial interest in, or [
2545 stays overnight a total of 10 or more nights in a 12-month period when not staying at the
2546 offender's primary residence.
2547 [
2548 (a) convicted in this state of:
2549 (i) a felony or class A misdemeanor violation of [
2550 under Section 76-4-401;
2551 (ii) [
2552 76-5b-202;
2553 (iii) [
2554 76-5-308.1;
2555 (iv) [
2556 Subsection 76-5-308.5(4)(b);
2557 (v) [
2558 Section 76-5-310;
2559 (vi) [
2560 under Section 76-5-311;
2561 (vii) [
2562 except as provided in Subsection 76-5-401(3)(b) or (c);
2563 (viii) [
2564 as provided in Subsection 76-5-401.1(3);
2565 (ix) [
2566 Section 76-5-401.2;
2567 (x) [
2568 (xi) [
2569 (xii) [
2570 (xiii) [
2571 (xiv) a felony violation of [
2572 76-5-403;
2573 (xv) [
2574 (xvi) [
2575 (xvii) [
2576 (xviii) [
2577 76-5-404.3;
2578 [
2579 [
2580 when the individual in custody is younger than 18 years old, if the offense is committed on or
2581 after May 10, 2011;
2582 [
2583 76-5b-201;
2584 [
2585 Section 76-5b-201.1;
2586 [
2587 Section 76-5b-204;
2588 [
2589 [
2590 has been convicted of the offense four or more times;
2591 [
2592 individual has been convicted of the offense four or more times;
2593 [
2594 Section 76-9-702, and of [
2595 total four or more convictions;
2596 [
2597 76-9-702.5;
2598 [
2599 voyeurism under Section 76-9-702.7;
2600 [
2601 Section 76-10-1306; or
2602 [
2603 listed in this Subsection [
2604 (b) (i) who has been convicted of [
2605 conspiracy to commit a crime in another jurisdiction, including [
2606 military court, that is substantially equivalent to the offenses listed in Subsection [
2607 (19)(a); and
2608 (ii) (A) who is[
2609 (B) who is not a Utah resident[
2610 for a total of 10 [
2611 intends to permanently reside in this state;
2612 (c) (i) (A) who is required to register as a sex offender in [
2613 jurisdiction of original conviction;
2614 (B) who is required to register as a sex offender by [
2615 court; or
2616 (C) who would be required to register as a sex offender if residing in the jurisdiction of
2617 the original conviction regardless of the date of the conviction or [
2618 [
2619 (ii) who[
2620 in a 12-month period, regardless of whether [
2621 in this state;
2622 (d) (i) (A) who is a nonresident regularly employed or working in this state; or
2623 (B) who is a student in this state; and
2624 (ii) (A) who was convicted of one or more offenses listed in Subsection [
2625
2626 (B) who is[
2627 jurisdiction of residence based on a conviction for an offense that is not substantially
2628 equivalent to an offense listed in Subsection (19)(a);
2629 (e) who is found not guilty by reason of insanity in this state, or in [
2630 jurisdiction of one or more offenses listed in Subsection [
2631 (f) (i) who is adjudicated under Section 80-6-701 for one or more offenses listed in
2632 Subsection [
2633 (ii) who has been committed to the division for secure care, as defined in Section
2634 80-1-102, for that offense if:
2635 (A) the individual remains in the division's custody until 30 days before the individual's
2636 21st birthday;
2637 (B) the juvenile court extended the juvenile court's jurisdiction over the individual
2638 under Section 80-6-605 and the individual remains in the division's custody until 30 days
2639 before the individual's 25th birthday; or
2640 (C) the individual is moved from the division's custody to the custody of the
2641 department before expiration of the division's jurisdiction over the individual.
2642 [
2643 Driving Under the Influence and Reckless Driving.
2644 [
2645 registration in any jurisdiction.
2646 Section 30. Section 77-41-103 (Effective 07/01/24) is amended to read:
2647 77-41-103 (Effective 07/01/24). Department duties.
2648 (1) The department shall:
2649 (a) develop and operate a system to collect, analyze, maintain, and disseminate
2650 information on offenders and sex [
2651 (b) make information listed in Subsection 77-41-110(4) available to the public; and
2652 (c) share information provided by an offender under this chapter that may not be made
2653 available to the public under Subsection 77-41-110(4), but only:
2654 (i) for the purposes under this chapter; or
2655 (ii) in accordance with Section 63G-2-206.
2656 (2) [
2657 inform the department of:
2658 (a) the receipt of a report or complaint of an offense listed in Subsection
2659 [
2660 (b) the arrest of [
2661 listed in Subsection [
2662 days.
2663 (3) Upon convicting [
2664 in Subsection [
2665 court shall within three business days forward a signed copy of the judgment and sentence to
2666 the Sex [
2667 (4) Upon modifying, withdrawing, setting aside, vacating, or otherwise altering a
2668 conviction for [
2669 or (19), the court shall, within three business days, forward a signed copy of the order to the
2670 Sex [
2671 (5) (a) [
2672 including a criminal action, where the matter purports to affect [
2673
2674 (b) The department may only file a motion to intervene under Subsection (5)(a) within
2675 60 days after the day on which:
2676 (i) the sentencing court enters a judgment or sentence against an individual for an
2677 offense listed in Subsection 77-41-102(1), (11), or (19), if the details of the written plea
2678 agreement, judgment, or sentence indicate that the individual's registration requirements under
2679 this chapter could be affected; or
2680 (ii) a court modifies, withdraws, sets aside, vacates, or otherwise alters an individual's
2681 conviction for an offense listed in Subsection 77-41-102(1), (11), or (19), affecting the
2682 individual's registration requirement under this chapter and the written plea agreement,
2683 judgment, or sentence entered at the time the individual was sentenced did not indicate that the
2684 individual's registration requirement could be affected.
2685 (6) The department shall:
2686 (a) provide the following additional information when available:
2687 (i) the crimes the offender has been convicted of or adjudicated delinquent for;
2688 (ii) a description of the offender's primary and secondary targets; and
2689 (iii) [
2690 (b) maintain the [
2691 Offender Notification and Registration website; and
2692 (c) ensure that the registration information collected regarding an offender's enrollment
2693 or employment at an educational institution is:
2694 (i) (A) promptly made available to any law enforcement agency that has jurisdiction
2695 where the institution is located if the educational institution is an institution of higher
2696 education; or
2697 (B) promptly made available to the district superintendent of the school district where
2698 the offender is employed if the educational institution is an institution of primary education;
2699 and
2700 (ii) entered into the appropriate state records or data system.
2701 Section 31. Section 77-41-105 is amended to read:
2702 77-41-105. Registration of offenders -- Offender responsibilities.
2703 (1) (a) An offender who enters this state from another jurisdiction is required to register
2704 under Subsection (3) and Subsection [
2705 (b) The offender shall register with the department within 10 days after the day on
2706 which the offender enters the state, regardless of the offender's length of stay.
2707 (2) (a) An offender required to register under Subsection [
2708 77-41-102(1), (11), or (19) who is under supervision by the department shall register in person
2709 with the Division of Adult Probation and Parole.
2710 (b) An offender required to register under Subsection [
2711 77-41-102(1), (11), or (19) who is no longer under supervision by the department shall register
2712 in person with the police department or sheriff's office that has jurisdiction over the area where
2713 the offender resides.
2714 (3) (a) Except as provided in Subsections (3)(b), (3)(c), and (4), an offender shall, for
2715 the duration of the sentence and for 10 years after termination of sentence or custody of the
2716 division, register each year during the month of the offender's date of birth, during the month
2717 that is the sixth month after the offender's birth month, and within three business days after the
2718 day on which there is a change of the offender's primary residence, any secondary residences,
2719 place of employment, vehicle information, or educational information required to be submitted
2720 under Subsection (7).
2721 (b) Except as provided in Subsections (3)(c)(iii), (4), and (5), an offender who is
2722 convicted in another jurisdiction of an offense listed in Subsection [
2723
2724 requires registration in the jurisdiction of conviction, or an offender who is ordered by a court
2725 of another jurisdiction to register as an offender shall
2726 register for the time period required by the jurisdiction where the offender was
2727 convicted or ordered to register.
2728 (c) (i) An offender convicted as an adult of an offense listed in Section 77-41-106
2729 shall, for the offender's lifetime, register each year during the month of the offender's birth,
2730 during the month that is the sixth month after the offender's birth month, and also within three
2731 business days after the day on which there is a change of the offender's primary residence, any
2732 secondary residences, place of employment, vehicle information, or educational information
2733 required to be submitted under Subsection (7).
2734 (ii) Except as provided in Subsection (3)(c)(iii), the registration requirement described
2735 in Subsection (3)(c)(i) is not subject to exemptions and may not be terminated or altered during
2736 the offender's lifetime, unless a petition is granted under Section 77-41-112.
2737 (iii) (A) If the sentencing court at any time after conviction determines that the offense
2738 does not involve force or coercion, lifetime registration under Subsection (3)(c)(i) does not
2739 apply to an offender who commits the offense when the offender is under 21 years old.
2740 (B) For an offense listed in Section 77-41-106, an offender who commits the offense
2741 when the offender is under 21 years old shall register for the registration period required under
2742 Subsection (3)(a), unless a petition is granted under Section 77-41-112.
2743 (d) For the purpose of establishing venue for a violation of this Subsection (3), the
2744 violation is considered to be committed:
2745 (i) at the most recent registered primary residence of the offender or at the location of
2746 the offender, if the actual location of the offender at the time of the violation is not known; or
2747 (ii) at the location of the offender at the time the offender is apprehended.
2748 (4) Notwithstanding Subsection (3) and Section 77-41-106, an offender who is
2749 confined in a secure facility or in a state mental hospital is not required to register during the
2750 period of confinement.
2751 (5) (a) Except as provided in Subsection (5)(b), in the case of an offender adjudicated
2752 in another jurisdiction as a juvenile and required to register under this chapter, the offender
2753 shall register in the time period and in the frequency consistent with the requirements of
2754 Subsection (3).
2755 (b) If the jurisdiction of the offender's adjudication does not publish the offender's
2756 information on a public website, the department shall maintain, but not publish the offender's
2757 information on the registration website.
2758 (6) A sex offender who violates Section 77-27-21.8 regarding being in the presence of
2759 a child while required to register under this chapter shall register for an additional five years
2760 subsequent to the registration period otherwise required under this chapter.
2761 (7) An offender shall provide the department or the registering entity with the
2762 following information:
2763 (a) all names and aliases by which the offender is or has been known;
2764 (b) the addresses of the offender's primary and secondary residences;
2765 (c) a physical description, including the offender's date of birth, height, weight, eye and
2766 hair color;
2767 (d) the make, model, color, year, plate number, and vehicle identification number of a
2768 vehicle or vehicles the offender owns or drives more than 12 times per year;
2769 (e) a current photograph of the offender;
2770 (f) a set of fingerprints, if one has not already been provided;
2771 (g) a DNA specimen, taken in accordance with Section 53-10-404, if one has not
2772 already been provided;
2773 (h) telephone numbers and any other designations used by the offender for routing or
2774 self-identification in telephonic communications from fixed locations or cellular telephones;
2775 (i) Internet identifiers and the addresses the offender uses for routing or
2776 self-identification in Internet communications or postings;
2777 (j) the name and Internet address of all websites on which the offender is registered
2778 using an online identifier, including all online identifiers used to access those websites;
2779 (k) a copy of the offender's passport, if a passport has been issued to the offender;
2780 (l) if the offender is an alien, all documents establishing the offender's immigration
2781 status;
2782 (m) all professional licenses that authorize the offender to engage in an occupation or
2783 carry out a trade or business, including any identifiers, such as numbers;
2784 (n) each educational institution in Utah at which the offender is employed, carries on a
2785 vocation, or is a student, and a change of enrollment or employment status of the offender at an
2786 educational institution;
2787 (o) the name, the telephone number, and the address of a place where the offender is
2788 employed or will be employed;
2789 (p) the name, the telephone number, and the address of a place where the offender
2790 works as a volunteer or will work as a volunteer; and
2791 (q) the offender's social security number.
2792 (8) (a) An offender may change the offender's name in accordance with Title 42,
2793 Chapter 1, Change of Name, if the name change is not contrary to the interests of the public.
2794 (b) Notwithstanding Section 42-1-2, an offender shall provide notice to the department
2795 at least 30 days before the day on which the hearing for the name change is held.
2796 (c) The court shall provide a copy of the order granting the offender's name change to
2797 the department within 10 days after the day on which the court issues the order.
2798 (d) If the court orders an offender's name changed, the department shall publish on the
2799 registration website the offender's former name, and the offender's changed name as an alias.
2800 (9) Notwithstanding Subsections (7)(i) and (j) and 77-41-103(1)(c), an offender is not
2801 required to provide the department with:
2802 (a) the offender's online identifier and password used exclusively for the offender's
2803 employment on equipment provided by an employer and used to access the employer's private
2804 network; or
2805 (b) online identifiers for the offender's financial accounts, including a bank, retirement,
2806 or investment account.
2807 Section 32. Section 77-41-106 is amended to read:
2808 77-41-106. Offenses requiring lifetime registration.
2809 Offenses referred to in Subsection 77-41-105(3)(c)(i) requiring lifetime registration are:
2810 (1) [
2811 (19) if, at the time of the conviction for the offense, the offender has previously been convicted
2812 of an offense listed in Subsection [
2813 previously been required to register as a sex offender, kidnap offender, or child abuse offender
2814 for an offense committed as a juvenile;
2815 (2) a conviction for [
2816 soliciting, or conspiring to commit [
2817 (a) [
2818 offender is a natural parent of the victim;
2819 (b) [
2820 (c) [
2821 (d) [
2822 (e) [
2823 (f) [
2824 (g) [
2825 or
2826 (h) [
2827 (3) [
2828 76-5-308.1;
2829 (4) [
2830 Subsection 76-5-308.5(4)(b);
2831 (5) [
2832 Section 76-5-310;
2833 (6) [
2834 under Section 76-5-311;
2835 [
2836 [
2837 the offender is a natural parent of the victim;
2838 [
2839 [
2840 [
2841 76-5b-201;
2842 [
2843 Section 76-5b-201.1;
2844 [
2845 Subsection 76-5b-204(2)(b); or
2846 [
2847 76-10-1306, on or after May 10, 2011; or
2848 (14) a felony violation of enticing a minor under Section 76-4-401 if the offender
2849 enticed the minor to engage in sexual activity that is one of the offenses described in
2850 Subsections (2) through (13).
2851 Section 33. Section 77-41-107 is amended to read:
2852 77-41-107. Penalties.
2853 (1) An offender who knowingly fails to register under this chapter or provides false or
2854 incomplete information is guilty of:
2855 (a) a third degree felony and shall be sentenced to serve a term of incarceration for not
2856 less than 30 days and also at least one year of probation if:
2857 (i) the offender is required to register for a felony conviction or adjudicated delinquent
2858 for what would be a felony if the juvenile were an adult of an offense listed in Subsection
2859 [
2860 (ii) the offender is required to register for the offender's lifetime under Subsection
2861 77-41-105(3)(c); or
2862 (b) a class A misdemeanor and shall be sentenced to serve a term of incarceration for
2863 not fewer than 30 days and also at least one year of probation if the offender is required to
2864 register for a misdemeanor conviction or is adjudicated delinquent for what would be a
2865 misdemeanor if the juvenile were an adult of an offense listed in Subsection [
2866
2867 (2) (a) Neither the court nor the Board of Pardons and Parole may release an individual
2868 who violates this chapter from serving the term required under Subsection (1).
2869 (b) This Subsection (2) supersedes any other provision of the law contrary to this
2870 chapter.
2871 (3) The offender shall register for an additional year for every year in which the
2872 offender does not comply with the registration requirements of this chapter.
2873 Section 34. Section 77-41-109 is amended to read:
2874 77-41-109. Miscellaneous provisions.
2875 (1) (a) If an offender is to be temporarily sent on [
2876 facility in which the offender is confined on [
2877 firefighting or disaster control, the official who has custody of the offender shall, within a
2878 reasonable time prior to removal from the secure facility, notify the local law enforcement
2879 agencies where the assignment is to be filled.
2880 (b) This Subsection (1) does not apply to [
2881 under guard from the institution in which the [
2882 (2) Notwithstanding Title 77, Chapter 40a, Expungement, [
2883 convicted of [
2884 or (19) is not relieved from the responsibility to register as required under this section, unless
2885 the offender is removed from the registry under Section 77-41-112 or Section 77-41-113.
2886 Section 35. Section 77-41-110 is amended to read:
2887 77-41-110. Sex offender, kidnap offender, and child abuse offender registry --
2888 Department to maintain.
2889 (1) The department shall maintain a [
2890 Child Abuse Offender Notification and Registration website on the Internet, which shall
2891 contain a disclaimer informing the public:
2892 (a) the information contained on the site is obtained from offenders and the department
2893 does not guarantee its accuracy or completeness;
2894 (b) members of the public are not allowed to use the information to harass or threaten
2895 offenders or members of their families; and
2896 (c) harassment, stalking, or threats against offenders or their families are prohibited and
2897 doing so may violate Utah criminal laws.
2898 (2) The [
2899 Notification and Registration website shall be indexed by both the surname of the offender and
2900 by postal codes.
2901 (3) The department shall construct the Sex, Kidnap, and Child Abuse Offender
2902 Notification and Registration website so that users, before accessing registry information, must
2903 indicate that they have read the disclaimer, understand it, and agree to comply with its terms.
2904 (4) Except as provided in Subsection (5), the [
2905 and Child Abuse Offender Notification and Registration website shall include the following
2906 registry information:
2907 (a) all names and aliases by which the offender is or has been known, but not including
2908 any online or Internet identifiers;
2909 (b) the addresses of the offender's primary, secondary, and temporary residences;
2910 (c) a physical description, including the offender's date of birth, height, weight, and eye
2911 and hair color;
2912 (d) the make, model, color, year, and plate number of any vehicle or vehicles the
2913 offender owns or regularly drives;
2914 (e) a current photograph of the offender;
2915 (f) a list of all professional licenses that authorize the offender to engage in an
2916 occupation or carry out a trade or business;
2917 (g) each educational institution in Utah at which the offender is employed, carries on a
2918 vocation, or is a student;
2919 (h) a list of places where the offender works as a volunteer; and
2920 (i) the crimes listed in Subsections [
2921 (19) that the offender has been convicted of or for which the offender has been adjudicated
2922 delinquent in juvenile court.
2923 (5) The department, its personnel, and any individual or entity acting at the request or
2924 upon the direction of the department are immune from civil liability for damages for good faith
2925 compliance with this chapter and will be presumed to have acted in good faith by reporting
2926 information.
2927 (6) The department shall redact information that, if disclosed, could reasonably identify
2928 a victim.
2929 Section 36. Section 77-41-112 (Effective 07/01/24) is amended to read:
2930 77-41-112 (Effective 07/01/24). Removal from registry -- Requirements --
2931 Procedure.
2932 (1) An offender who is required to register with the Sex [
2933 Abuse Offender Registry may petition the court for an order removing the offender from the
2934 Sex [
2935 (a) (i) the offender was convicted of an offense described in Subsection (2);
2936 (ii) at least five years have passed after the day on which the offender's sentence for the
2937 offense terminated;
2938 (iii) the offense is the only offense for which the offender was required to register;
2939 (iv) the offender has not been convicted of another offense, excluding a traffic offense,
2940 since the day on which the offender was convicted of the offense for which the offender is
2941 required to register, as evidenced by a certificate of eligibility issued by the bureau;
2942 (v) the offender successfully completed all treatment ordered by the court or the Board
2943 of Pardons and Parole relating to the offense; and
2944 (vi) the offender has paid all restitution ordered by the court or the Board of Pardons
2945 and Parole relating to the offense;
2946 (b) (i) [
2947 77-41-105(3)(a);
2948 (ii) at least 10 years have passed after the later of:
2949 (A) the day on which the offender was placed on probation;
2950 (B) the day on which the offender was released from incarceration to parole;
2951 (C) the day on which the offender's sentence was terminated without parole;
2952 (D) the day on which the offender entered a community-based residential program; or
2953 (E) for a minor, as defined in Section 80-1-102, the day on which the division's custody
2954 of the offender was terminated;
2955 (iii) the offender has not been convicted of another offense that is a class A
2956 misdemeanor, felony, or capital felony within the most recent 10-year period after the date
2957 described in Subsection (1)(b)(ii), as evidenced by a certificate of eligibility issued by the
2958 bureau;
2959 (iv) the offender successfully completed all treatment ordered by the court or the Board
2960 of Pardons and Parole relating to the offense; and
2961 (v) the offender has paid all restitution ordered by the court or the Board of Pardons
2962 and Parole relating to the offense; or
2963 (c) (i) the offender is required to register in accordance with Subsection
2964 77-41-105(3)(c);
2965 (ii) at least 20 years have passed after the later of:
2966 (A) the day on which the offender was placed on probation;
2967 (B) the day on which the offender was released from incarceration to parole;
2968 (C) the day on which the offender's sentence was terminated without parole;
2969 (D) the day on which the offender entered a community-based residential program; or
2970 (E) for a minor, as defined in Section 80-1-102, the day on which the division's custody
2971 of the offender was terminated;
2972 (iii) the offender has not been convicted of another offense that is a class A
2973 misdemeanor, felony, or capital felony within the most recent 20-year period after the date
2974 described in Subsection (1)(c)(ii), as evidenced by a certificate of eligibility issued by the
2975 bureau;
2976 (iv) the offender completed all treatment ordered by the court or the Board of Pardons
2977 and Parole relating to the offense;
2978 (v) the offender has paid all restitution ordered by the court or the Board of Pardons
2979 and Parole relating to the offense; and
2980 (vi) the offender submits to an evidence-based risk assessment to the court, with the
2981 offender's petition, that:
2982 (A) meets the standards for the current risk assessment, score, and risk level required
2983 by the Board of Pardons and Parole for parole termination requests;
2984 (B) is completed within the six months before the date on which the petition is filed;
2985 and
2986 (C) describes the evidence-based risk assessment of the current level of risk to the
2987 safety of the public posed by the offender.
2988 (2) The offenses referred to in Subsection (1)(a)(i) are:
2989 (a) [
2990 class A misdemeanor;
2991 (b) [
2992 (c) [
2993 violating Section 76-5-304 is the only conviction for which the offender is required to register;
2994 (d) [
2995 if, at the time of the offense, the offender is not more than 10 years older than the victim;
2996 (e) [
2997 time of the offense, the offender is not more than 10 years older than the victim;
2998 (f) [
2999 Section 76-5-401.2, and at the time of the offense, the offender is not more than 15 years older
3000 than the victim;
3001 (g) [
3002 A misdemeanor; or
3003 (h) an offense for which an individual is required to register under Subsection
3004 [
3005 not substantially equivalent to an offense described in Subsection [
3006
3007 (3) (a) (i) An offender seeking removal from the Sex [
3008 Offender Registry under this section shall apply for a certificate of eligibility from the bureau.
3009 (ii) An offender who intentionally or knowingly provides false or misleading
3010 information to the bureau when applying for a certificate of eligibility is guilty of a class B
3011 misdemeanor and subject to prosecution under Section 76-8-504.6.
3012 (iii) Regardless of whether the offender is prosecuted, the bureau may deny a certificate
3013 of eligibility to an offender who provides false information on an application.
3014 (b) (i) The bureau shall:
3015 (A) perform a check of records of governmental agencies, including national criminal
3016 databases, to determine whether an offender is eligible to receive a certificate of eligibility; and
3017 (B) request information from the Department of Corrections regarding whether the
3018 offender meets the requirements described in Subsection (1)(a)(ii), (a)(v), (a)(vi), (b)(ii),
3019 (b)(iv), (b)(v), [
3020 (ii) Upon request from the bureau under Subsection (3)(b)(i)(B), the Department of
3021 Corrections shall issue a document reflecting whether the offender meets the requirements
3022 described in Subsection (1)(a)(ii), (a)(v), (a)(vi), (b)(ii), (b)(iv), (b)(v), [
3023 (c)(v).
3024 (iii) If the offender meets the requirements described in Subsection (1)(a), (b), or (c),
3025 the bureau shall issue a certificate of eligibility to the offender, which is valid for a period of 90
3026 days after the day on which the bureau issues the certificate.
3027 (iv) The bureau shall provide a copy of the document provided to the bureau under
3028 Subsection (3)(b)(ii) to the offender upon issuance of a certificate of eligibility.
3029 (4) (a) (i) The bureau shall charge application and issuance fees for a certificate of
3030 eligibility in accordance with the process in Section 63J-1-504.
3031 (ii) The application fee shall be paid at the time the offender submits an application for
3032 a certificate of eligibility to the bureau.
3033 (iii) If the bureau determines that the issuance of a certificate of eligibility is
3034 appropriate, the offender will be charged an additional fee for the issuance of a certificate of
3035 eligibility.
3036 (b) Funds generated under this Subsection (4) shall be deposited into the General Fund
3037 as a dedicated credit by the department to cover the costs incurred in determining eligibility.
3038 (5) (a) The offender shall file the petition, including original information, the court
3039 docket, the certificate of eligibility from the bureau, and the document from the department
3040 described in Subsection (3)(b)(iv) with the court, and deliver a copy of the petition to the office
3041 of the prosecutor.
3042 (b) Upon receipt of a petition for removal from the Sex [
3043 Abuse Offender Registry, the office of the prosecutor shall provide notice of the petition by
3044 first-class mail to the victim at the most recent address of record on file or, if the victim is still
3045 a minor under 18 years old, to the parent or guardian of the victim.
3046 (c) The notice described in Subsection (5)(b) shall include a copy of the petition, state
3047 that the victim has a right to object to the removal of the offender from the registry, and
3048 provide instructions for registering an objection with the court.
3049 (d) The office of the prosecutor shall provide the following, if available, to the court
3050 within 30 days after the day on which the office receives the petition:
3051 (i) presentencing report;
3052 (ii) an evaluation done as part of sentencing; and
3053 (iii) [
3054 should consider.
3055 (e) The victim, or the victim's parent or guardian if the victim is a minor under 18 years
3056 old, may respond to the petition by filing a recommendation or objection with the court within
3057 45 days after the day on which the petition is mailed to the victim.
3058 (6) (a) The court shall:
3059 (i) review the petition and all documents submitted with the petition; and
3060 (ii) hold a hearing if requested by the prosecutor or the victim.
3061 (b) (i) Except as provided in Subsections (6)(b)(ii) and (iii), the court may grant the
3062 petition and order removal of the offender from the registry if the court determines that the
3063 offender has met the requirements described in Subsection (1)(a) or (b) and removal is not
3064 contrary to the interests of the public.
3065 (ii) When considering a petition filed under Subsection (1)(c), the court shall determine
3066 whether the offender has demonstrated, by clear and convincing evidence, that the offender is
3067 rehabilitated and does not pose a threat to the safety of the public.
3068 (iii) In making the determination described in Subsection (6)(b)(ii), the court may
3069 consider:
3070 (A) the nature and degree of violence involved in the offense that requires registration;
3071 (B) the age and number of victims of the offense that requires registration;
3072 (C) the age of the offender at the time of the offense that requires registration;
3073 (D) the offender's performance while on supervision for the offense that requires
3074 registration;
3075 (E) the offender's stability in employment and housing;
3076 (F) the offender's community and personal support system;
3077 (G) other criminal and relevant noncriminal behavior of the offender both before and
3078 after the offense that requires registration;
3079 (H) the level of risk posed by the offender as evidenced by the evidence-based risk
3080 assessment described in Subsection (1)(c)(vi); and
3081 (I) any other relevant factors.
3082 (c) In determining whether removal is contrary to the interests of the public, the court
3083 may not consider removal unless the offender has substantially complied with all registration
3084 requirements under this chapter at all times.
3085 (d) If the court grants the petition, the court shall forward a copy of the order directing
3086 removal of the offender from the registry to the department and the office of the prosecutor.
3087 (e) (i) Except as provided in Subsection (6)(e)(ii), if the court denies the petition, the
3088 offender may not submit another petition for three years.
3089 (ii) If the offender files a petition under Subsection (1)(c) and the court denies the
3090 petition, the offender may not submit another petition for eight years.
3091 (7) The court shall notify the victim and the Sex [
3092 Offender Registry office in the department of the court's decision within three days after the
3093 day on which the court issues the court's decision in the same manner described in Subsection
3094 (5).
3095 (8) Except as provided in Subsection (9), an offender required to register under
3096 Subsection 77-41-105(3)(b) may petition for early removal from the registry under Subsection
3097 (1)(b) if the offender:
3098 (a) meets the requirements of Subsections (1)(b)(ii) through (v);
3099 (b) has resided in this state for at least 183 days in a year for two consecutive years;
3100 and
3101 (c) intends to primarily reside in this state.
3102 (9) An offender required to register under Subsection 77-41-105(3)(b) for life may
3103 petition for early removal from the registry under Subsection (1)(c) if:
3104 (a) the offense requiring the offender to register is substantially equivalent to an
3105 offense listed in Section 77-41-106;
3106 (b) the offender meets the requirements of Subsections (1)(c)(ii) through (vi);
3107 (c) the offender has resided in this state for at least 183 days in a year for two
3108 consecutive years; and
3109 (d) the offender intends to primarily reside in this state.
3110 Section 37. Section 77-41-113 is amended to read:
3111 77-41-113. Removal for offenses or convictions for which registration is no longer
3112 required.
3113 (1) The department shall automatically remove an individual who is currently on the
3114 Sex [
3115 (a) the only offense or offenses for which the individual is on the registry are listed in
3116 Subsection (2); or
3117 (b) the department receives a formal notification or order from the court or the Board
3118 of Pardons and Parole that the conviction for the offense or offenses for which the individual is
3119 on the registry have been reversed, vacated, or pardoned.
3120 (2) The offenses described in Subsection (1)(a) are:
3121 (a) a class B or class C misdemeanor for enticing a minor[
3122 (b) kidnapping[
3123 (c) child kidnapping[
3124 of the child victim;
3125 (d) unlawful detention[
3126 (e) a third degree felony for unlawful sexual intercourse before 1986, or a class B
3127 misdemeanor for unlawful sexual intercourse, under Section 76-5-401; or
3128 (f) sodomy, but not forcible sodomy, under Section 76-5-403.
3129 (3) (a) The department shall notify an individual who has been removed from the
3130 registry in accordance with Subsection (1).
3131 (b) The notice described in Subsection (3)(a) shall include a statement that the
3132 individual is no longer required to register as a sex offender or kidnap offender.
3133 (4) An individual who is currently on the Sex [
3134 Offender Registry may submit a request to the department to be removed from the registry if
3135 the individual believes that the individual qualifies for removal under this section.
3136 (5) The department, upon receipt of a request for removal from the registry shall:
3137 (a) check the registry for the individual's current status;
3138 (b) determine whether the individual qualifies for removal based upon this section; and
3139 (c) notify the individual in writing of the department's determination and whether the
3140 individual:
3141 (i) qualifies for removal from the registry; or
3142 (ii) does not qualify for removal.
3143 (6) If the department determines that the individual qualifies for removal from the
3144 registry, the department shall remove the offender from the registry.
3145 (7) If the department determines that the individual does not qualify for removal from
3146 the registry, the department shall provide an explanation in writing for the department's
3147 determination. The department's determination is final and not subject to administrative review.
3148 (8) Neither the department nor [
3149 liable for a determination made in good faith in accordance with this section.
3150 (9) (a) The department shall provide a response to a request for removal within 30 days
3151 of receipt of the request.
3152 (b) If the response under Subsection (9)(a) cannot be provided within 30 days, the
3153 department shall notify the individual that the response may be delayed up to 30 additional
3154 days.
3155 Section 38. Section 77-41-114 is amended to read:
3156 77-41-114. Registration for individuals under 18 years old at the time of the
3157 offense.
3158 (1) Except for an offender who is subject to lifetime registration under Subsection
3159 77-41-106(1), the department shall, if the offender was under 18 years old at the time of the
3160 offense, maintain, but not publish, the offender's information on the registration website for an
3161 offense listed in Subsection [
3162 77-41-102(1)(a), (c), or (f), (11)(a), (c), or (f), or (19)(a), (c), or (f).
3163 (2) (a) If, based on the information provided to the department by the sentencing court,
3164 prosecuting entity, offender, or offender's counsel, the department cannot determine if the
3165 offender is eligible for an exemption to publication on the registration website as described in
3166 Subsection (1), the department shall continue to publish the offender's information on the
3167 registration website.
3168 (b) Information may be provided to the department at any time in order to clarify the
3169 offender's age at the time of the offense.
3170 (c) This section does not prohibit the department from seeking or receiving information
3171 from individuals or entities other than those identified in Subsection (2)(a).
3172 (3) This section applies to offenders with a registration requirement on or after May 3,
3173 2023, regardless of when the offender was first required to register.
3174 (4) An offender convicted after May 3, 2023, of an offense committed when the
3175 individual was under 18 years old, is not subject to registration requirements under this chapter
3176 unless the offender:
3177 (a) is charged by criminal information in juvenile court under Section 80-6-503;
3178 (b) is bound over to district court in accordance with Section 80-6-504; and
3179 (c) is convicted of a qualifying offense described in Subsection [
3180
3181 Section 39. Section 78B-8-302 is amended to read:
3182 78B-8-302. Process servers.
3183 (1) A complaint, a summons, or a subpoena may be served by [
3184 who is:
3185 (a) 18 years old or older at the time of service; and
3186 (b) not a party to the action or a party's attorney.
3187 (2) Except as provided in Subsection (5), the following may serve all process issued by
3188 the courts of this state:
3189 (a) a peace officer employed by a political subdivision of the state acting within the
3190 scope and jurisdiction of the peace officer's employment;
3191 (b) a sheriff or appointed deputy sheriff employed by a county of the state;
3192 (c) a constable, or the constable's deputy, serving in compliance with applicable law;
3193 (d) an investigator employed by the state and authorized by law to serve civil process;
3194 [
3195 (e) a private investigator licensed in accordance with Title 53, Chapter 9, Private
3196 Investigator Regulation Act.
3197 (3) A private investigator licensed in accordance with Title 53, Chapter 9, Private
3198 Investigator Regulation Act, may not make an arrest pursuant to a bench warrant.
3199 (4) While serving process, a private investigator shall:
3200 (a) have on the investigator's [
3201 identification identifying:
3202 (i) the investigator's name;
3203 (ii) that the investigator is a licensed private investigator; and
3204 (iii) the name and address of the agency employing the investigator or, if the
3205 investigator is self-employed, the address of the investigator's place of business;
3206 (b) verbally communicate to the person being served that the investigator is acting as a
3207 process server; and
3208 (c) print on the first page of each document served:
3209 (i) the investigator's name and identification number as a private investigator; and
3210 (ii) the address and phone number for the investigator's place of business.
3211 (5) [
3212 use of force is authorized on the face of the document, or when a breach of the peace is
3213 imminent or likely under the totality of the circumstances[
3214 (a) a law enforcement officer, as defined in Section 53-13-103; or
3215 (b) a special function officer, as defined in Section 53-13-105, who is:
3216 (i) employed as an appointed deputy sheriff by a county of the state; or
3217 (ii) a constable.
3218 (6) The following may not serve process issued by a court:
3219 (a) [
3220 Subsection [
3221 (b) [
3222 Chapter 7, Protective Orders and Stalking Injunctions, in which a court has granted the
3223 petitioner a protective order.
3224 (7) [
3225 (a) legibly document the date and time of service on the front page of the document
3226 being served;
3227 (b) legibly print the process server's name, address, and telephone number on the return
3228 of service;
3229 (c) sign the return of service in substantial compliance with Title 78B, Chapter 18a,
3230 Uniform Unsworn Declarations Act;
3231 (d) if the process server is a peace officer, sheriff, or deputy sheriff, legibly print the
3232 badge number of the process server on the return of service; and
3233 (e) if the process server is a private investigator, legibly print the private investigator's
3234 identification number on the return of service.
3235 Section 40. Section 80-5-201 is amended to read:
3236 80-5-201. Division responsibilities.
3237 (1) The division is responsible for all minors committed to the division by juvenile
3238 courts under Sections 80-6-703 and 80-6-705.
3239 (2) The division shall:
3240 (a) establish and administer a continuum of community, secure, and nonsecure
3241 programs for all minors committed to the division;
3242 (b) establish and maintain all detention and secure care facilities and set minimum
3243 standards for all detention and secure care facilities;
3244 (c) establish and operate prevention and early intervention youth services programs for
3245 nonadjudicated minors placed with the division;
3246 (d) establish observation and assessment programs necessary to serve minors in a
3247 nonresidential setting under Subsection 80-6-706(1);
3248 (e) place minors committed to the division under Section 80-6-703 in the most
3249 appropriate program for supervision and treatment;
3250 (f) employ staff necessary to:
3251 (i) supervise and control minors committed to the division for secure care or placement
3252 in the community;
3253 (ii) supervise and coordinate treatment of minors committed to the division for
3254 placement in community-based programs; and
3255 (iii) control and supervise adjudicated and nonadjudicated minors placed with the
3256 division for temporary services in juvenile receiving centers, youth services, and other
3257 programs established by the division;
3258 (g) control or detain a minor committed to the division, or in the temporary custody of
3259 the division, in a manner that is consistent with public safety and rules made by the division;
3260 (h) establish and operate work programs for minors committed to the division by the
3261 juvenile court that:
3262 (i) are not residential;
3263 (ii) provide labor to help in the operation, repair, and maintenance of public facilities,
3264 parks, highways, and other programs designated by the division;
3265 (iii) provide educational and prevocational programs in cooperation with the State
3266 Board of Education for minors placed in the program; and
3267 (iv) provide counseling to minors;
3268 (i) establish minimum standards for the operation of all private residential and
3269 nonresidential rehabilitation facilities that provide services to minors who have committed an
3270 offense in this state or in any other state;
3271 (j) provide regular training for secure care staff, detention staff, case management staff,
3272 and staff of the community-based programs;
3273 (k) designate employees to obtain the saliva DNA specimens required under Section
3274 53-10-403;
3275 (l) ensure that the designated employees receive appropriate training and that the
3276 specimens are obtained in accordance with accepted protocol;
3277 (m) register an individual with the Department of [
3278 (i) is adjudicated for an offense listed in Subsection [
3279
3280 (ii) is committed to the division for secure care; and
3281 (iii) (A) if the individual is a youth offender, remains in the division's custody 30 days
3282 before the individual's 21st birthday; or
3283 (B) if the individual is a serious youth offender, remains in the division's custody 30
3284 days before the individual's 25th birthday; and
3285 (n) ensure that a program delivered to a minor under this section is an evidence-based
3286 program in accordance with Section 63M-7-208.
3287 (3) (a) The division is authorized to employ special function officers, as defined in
3288 Section 53-13-105, to:
3289 (i) locate and apprehend minors who have absconded from division custody;
3290 (ii) transport minors taken into custody in accordance with division policy;
3291 (iii) investigate cases; and
3292 (iv) carry out other duties as assigned by the division.
3293 (b) A special function officer may be:
3294 (i) employed through a contract with the Department of Public Safety, or any law
3295 enforcement agency certified by the Peace Officer Standards and Training Division; or
3296 (ii) directly hired by the division.
3297 (4) In the event of an unauthorized leave from secure care, detention, a
3298 community-based program, a juvenile receiving center, a home, or any other designated
3299 placement of a minor, a division employee has the authority and duty to locate and apprehend
3300 the minor, or to initiate action with a local law enforcement agency for assistance.
3301 (5) The division may proceed with an initial medical screening or assessment of a child
3302 admitted to a detention facility to ensure the safety of the child and others in the detention
3303 facility if the division makes a good faith effort to obtain consent for the screening or
3304 assessment from the child's parent or guardian.
3305 Section 41. Repealer.
3306 This bill repeals:
3307 Section 77-41-101, Title.
3308 Section 77-43-101, Title.
3309 Section 77-43-102 (Effective 07/01/24), Definitions.
3310 Section 77-43-103, Department duties.
3311 Section 77-43-104 (Effective 07/01/24), Registration of offenders -- Department and
3312 agency requirements.
3313 Section 77-43-105, Registration of offenders -- Offender responsibilities.
3314 Section 77-43-106, Penalties.
3315 Section 77-43-107, Classification of information.
3316 Section 77-43-108, Child Abuse Offender Registry -- Department to maintain.
3317 Section 77-43-109 (Effective 07/01/24), Fees.
3318 Section 42. Effective date.
3319 This bill takes effect on July 1, 2024.