1st Sub. H.B. 60
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: J. Carlton 6
6 02-02-23 10:34 AM 6
H.B. 60
1st Sub. (Buff)
Representative Cheryl K. Acton proposes the following substitute bill:
1 JUVENILE JUSTICE MODIFICATIONS
2 2023 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Cheryl K. Acton
5 Senate Sponsor: Luz Escamilla
6
7LONG TITLE
8General Description:
9 This bill amends provisions related to juvenile justice.
10Highlighted Provisions:
11 This bill:
12 <addresses the use of juvenile delinquency records by public and private employers;
13 <amends provisions regarding the inspection of juvenile court records;
14 <requires the State Board of Education to include information about dangerous
15weapons in an annual report on school discipline and law enforcement action;
16 <requires the State Board of Education to provide a report on school discipline and
17law enforcement action to the State Commission on Criminal and Juvenile Justice;
18 <modifies a reporting requirement regarding a minor found with a dangerous weapon
19on school grounds;
20 <amends the requirements for the criminal justice database;
21 <modifies the duties of the State Commission on Criminal and Juvenile Justice in
22regards to juvenile justice;
23 <modifies the jurisdiction of the juvenile court;
24 <amends provisions related to the inspection of juvenile records when a minor who is
2514 years old or older is charged with a felony offense;
*HB0060S01* 1st Sub. (Buff) H.B. 60 02-02-23 10:34 AM
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26 <enacts data collection and reporting requirements for the State Commission on
27Criminal and Juvenile Justice and the Administrative Office of the Courts in regards
28to offenses committed, or allegedly committed, by minors;
29 <defines terms related to juvenile records;
30 <amends and clarifies provisions regarding the vacatur of an adjudication in the
31juvenile court;
32 <clarifies the release of certain juvenile records;
33 <amends provisions regarding a petition for expungement of a juvenile court record
34with an adjudication, including the notice and hearing requirements for the petition;
35 <allows for a petition for expungement of a juvenile court record consisting of
36nonjudicial adjustments;
37 <allows for a petition for expungement of a juvenile court record consisting of
38records of arrest, investigation, detention, and delinquency petitions;
39 <allows for a petition for expungement of records regarding a petition where the
40allegations of delinquency were found to be not true;
41 <allows for the automatic expungement of a successful nonjudicial adjustment
42completed on or after October 1, 2023;
43 <provides the requirements for expunging juvenile records;
44 <addresses the distribution of an expungement order;
45 <addresses agency duties regarding expungement orders;
46 <addresses records in the custody of the Board of Pardons and Parole, the
47Department of Corrections, or the Division of Child and Family Services;
48 <addresses the effect of an expungement order;
49 <provides that certain individuals may view or inspect expunged juvenile records;
50 <repeals statutes related to the expungement of juvenile records; and
51 <makes technical and conforming changes.
52Money Appropriated in this Bill:
53 None
54Other Special Clauses:
55 This bill provides a special effective date.
56Utah Code Sections Affected: 02-02-23 10:34 AM 1st Sub. (Buff) H.B. 60
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57AMENDS:
58 34-52-201, as last amended by Laws of Utah 2022, Chapter 447
59 34-52-301, as enacted by Laws of Utah 2019, Chapter 371
60 53E-3-516, as last amended by Laws of Utah 2022, Chapter 399
61 53G-8-510, as renumbered and amended by Laws of Utah 2018, Chapter 3
62 62A-5-308, as last amended by Laws of Utah 2021, Chapter 261
63 63A-16-1001, as enacted by Laws of Utah 2022, Chapter 390
64 63A-16-1002, as enacted by Laws of Utah 2022, Chapter 390 and last amended by
65Coordination Clause, Laws of Utah 2022, Chapter 390
66 63M-7-208, as last amended by Laws of Utah 2021, Chapter 262
67 63M-7-218, as enacted by Laws of Utah 2022, Chapter 390 and last amended by
68Coordination Clause, Laws of Utah 2022, Chapter 390
69 77-38-14, as last amended by Laws of Utah 2021, Chapter 262
70 78A-6-103, as last amended by Laws of Utah 2022, Chapters 155, 335
71 78A-6-209, as last amended by Laws of Utah 2022, Chapters 335, 430
72 78A-6-358, as renumbered and amended by Laws of Utah 2021, Chapter 261
73 78B-6-105, as last amended by Laws of Utah 2021, Chapter 261
74 80-6-1001, as renumbered and amended by Laws of Utah 2021, Chapter 261
75 80-6-1002, as last amended by Laws of Utah 2022, Chapter 334
76ENACTS:
77 80-6-104, Utah Code Annotated 1953
78 80-6-1004.1, Utah Code Annotated 1953
79 80-6-1004.2, Utah Code Annotated 1953
80 80-6-1004.3, Utah Code Annotated 1953
81 80-6-1004.4, Utah Code Annotated 1953
82 80-6-1004.5, Utah Code Annotated 1953
83 80-6-1006.1, Utah Code Annotated 1953
84RENUMBERS AND AMENDS:
85 80-6-1001.1, (Renumbered from 80-6-1003, as enacted by Laws of Utah 2021, Chapter
86261)
87REPEALS: 1st Sub. (Buff) H.B. 60 02-02-23 10:34 AM
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88 80-6-1004, as last amended by Laws of Utah 2022, Chapter 334
89 80-6-1005, as renumbered and amended by Laws of Utah 2021, Chapter 261
90 80-6-1006, as renumbered and amended by Laws of Utah 2021, Chapter 261
91
92Be it enacted by the Legislature of the state of Utah:
93 Section 1. Section 34-52-201 is amended to read:
94 34-52-201. Public employer requirements.
95 (1) A public employer may not exclude an applicant from an initial interview because
96of a past criminal conviction or juvenile delinquency adjudication.
97 (2) A public employer excludes an applicant from an initial interview if the public
98employer:
99 (a) requires an applicant to disclose, on an employment application, a criminal
100conviction or juvenile delinquency adjudication;
101 (b) requires an applicant to disclose, before an initial interview, a criminal conviction
102or juvenile delinquency adjudication; or
103 (c) if no interview is conducted, requires an applicant to disclose, before making a
104conditional offer of employment, a criminal conviction or juvenile delinquency adjudication.
105 (3) (a) A public employer may not make any inquiry related to an applicant's expunged
106criminal or juvenile delinquency history.
107 (b) An applicant seeking employment from a public employer may answer a question
108related to an expunged criminal or juvenile delinquency record as though the action underlying
109the expunged criminal or juvenile delinquency record never occurred.
110 (4) Subject to Subsections (1) through (3), nothing in this section prevents a public
111employer from:
112 (a) asking an applicant for information about an applicant's criminal conviction or
113juvenile delinquency history during an initial interview or after an initial interview; or
114 (b) considering an applicant's conviction or juvenile delinquency history when making
115a hiring decision.
116 (5) Subsections (1) through (3) do not apply:
117 (a) if federal, state, or local law, including corresponding administrative rules, requires
118the consideration of an applicant's criminal conviction or juvenile delinquency history; 02-02-23 10:34 AM 1st Sub. (Buff) H.B. 60
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119 (b) to a public employer that is a law enforcement agency;
120 (c) to a public employer that is part of the criminal or juvenile justice system;
121 (d) to a public employer seeking a nonemployee volunteer;
122 (e) to a public employer that works with children or vulnerable adults;
123 (f) to the Department of Alcoholic Beverage Services created in Section 32B-2-203;
124 (g) to the State Tax Commission;
125 (h) to a public employer whose primary purpose is performing financial or fiduciary
126functions; and
127 (i) to a public transit district hiring or promoting an individual for a safety sensitive
128position described in Section 17B-2a-825.
129 Section 2. Section 34-52-301 is amended to read:
130 34-52-301. Permitted applicant response regarding expunged criminal or juvenile
131delinquency history.
132 An applicant seeking employment from a private employer may answer a question
133related to an expunged criminal or juvenile delinquency record as though the action underlying
134the expunged criminal or juvenile delinquency record never occurred.
135 Section 3. Section 53E-3-516 is amended to read:
136 53E-3-516. School disciplinary and law enforcement action report -- Rulemaking
137authority.
138 (1) As used in this section:
139 (a) "Dangerous weapon" means the same as that term is defined in Section 53G-8-510.
140 [(a)] (b) "Disciplinary action" means an action by a public school meant to formally
141discipline a student of that public school that includes a suspension or expulsion.
142 [(b)] (c) "Law enforcement agency" means the same as that term is defined in Section
14377-7a-103.
144 [(c)] (d) "Minor" means the same as that term is defined in Section [53G-6-201]
14580-1-102.
146 [(d)] (e) "Other law enforcement activity" means a significant law enforcement
147interaction with a minor that does not result in an arrest, including:
148 (i) a search and seizure by an SRO;
149 (ii) issuance of a criminal citation; 1st Sub. (Buff) H.B. 60 02-02-23 10:34 AM
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150 (iii) issuance of a ticket or summons;
151 (iv) filing a delinquency petition; or
152 (v) referral to a probation officer.
153 [(e)] (f) "School is in session" means the hours of a day during which a public school
154conducts instruction for which student attendance is counted toward calculating average daily
155membership.
156 [(f)] (g) (i) "School-sponsored activity" means an activity, fundraising event, club,
157camp, clinic, or other event or activity that is authorized by a specific public school, according
158to LEA governing board policy, and satisfies at least one of the following conditions:
159 (A) the activity is managed or supervised by a school district, public school, or public
160school employee;
161 (B) the activity uses the school district or public school facilities, equipment, or other
162school resources; or
163 (C) the activity is supported or subsidized, more than inconsequentially, by public
164funds, including the public school's activity funds or Minimum School Program dollars.
165 (ii) "School-sponsored activity" includes preparation for and involvement in a public
166performance, contest, athletic competition, demonstration, display, or club activity.
167 [(g)] (h) "[Student] School resource officer" or "SRO" means the same as that term is
168defined in Section 53G-8-701.
169 (2) Beginning on July 1, 2023, the state board shall develop an annual report regarding
170the following incidents that occur on school grounds while school is in session or during a
171school-sponsored activity:
172 (a) arrests of a minor;
173 (b) other law enforcement activities; [and]
174 (c) disciplinary actions[.]; and
175 (d) minors found in possession of a dangerous weapon.
176 (3) Pursuant to state and federal law, law enforcement agencies shall collaborate with
177the state board and LEAs to provide and validate data and information necessary to complete
178the report described in Subsection (2), as requested by an LEA or the state board.
179 (4) The report described in Subsection (2) shall include the following information
180listed separately for each LEA: 02-02-23 10:34 AM 1st Sub. (Buff) H.B. 60
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181 (a) the number of arrests of a minor, including the reason why the minor was arrested;
182 (b) the number of other law enforcement activities, including the following information
183for each incident:
184 (i) the reason for the other law enforcement activity; and
185 (ii) the type of other law enforcement activity used;
186 (c) the number of disciplinary actions imposed, including:
187 (i) the reason for the disciplinary action; and
188 (ii) the type of disciplinary action;
189 (d) the number of SROs employed; [and]
190 (e) if applicable, the demographics of an individual who is subject to, as the following
191are defined in Section 53G-9-601, bullying, hazing, cyber-bullying, or retaliation[.]; and
192 (f) the number of minors found in possession of a dangerous weapon on school
193grounds while school is in session or during a school-sponsored activity.
194 (5) The report described in Subsection (2) shall include the following information, in
195aggregate, for each element described in Subsections (4)(a) through (c):
196 (a) age;
197 (b) grade level;
198 (c) race;
199 (d) sex; and
200 (e) disability status.
201 (6) Information included in the annual report described in Subsection (2) shall comply
202with:
203 (a) Chapter 9, Part 3, Student Data Protection;
204 (b) Chapter 9, Part 2, Student Privacy; and
205 (c) the Family Education Rights and Privacy Act, 20 U.S.C. Secs. 1232g and 1232h.
206 (7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
207state board shall make rules to compile the report described in Subsection (2).
208 (8) The state board shall provide the report described in Subsection (2):
209 (a) in accordance with Section 53E-1-203 for incidents that occurred during the
210previous school year[.]; and
211 (b) to the State Commission on Criminal and Juvenile Justice before July 1 of each 1st Sub. (Buff) H.B. 60 02-02-23 10:34 AM
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212year for incidents that occurred during the previous school year.
213 Section 4. Section 53G-8-510 is amended to read:
214 53G-8-510. Notification of dangerous weapons on school grounds -- Immunity
215from civil and criminal liability.
216 (1) As used in this section:
217 (a) "Dangerous weapon" means a firearm or an object that in the manner of the object's
218use or intended use is capable of causing death or serious bodily injury to an individual.
219 (b) "Minor" means the same as that term is defined in Section 80-1-102.
220 (c) "School employee" means an individual working in the individual's capacity as:
221 (i) a school teacher;
222 (ii) a school staff member;
223 (iii) a school administrator; or
224 (iv) an individual:
225 (A) who is employed, directly or indirectly, by a school, an LEA governing board, or a
226school district; and
227 (B) who works on a school campus.
228 (d) "School is in session" means the same as that term is defined in Section 53E-3-516.
229 (e) "School-sponsored activity" means the same as that term is defined in Section
23053E-3-516.
231 (2) If a minor is found on school grounds when school is in session or at a
232school-sponsored activity in possession of a dangerous weapon and that information is reported
233to, or known by, a school employee, the school employee shall notify the principal.
234 (3) After receiving a notification under Subsection (2), the principal shall notify:
235 (a) a law enforcement officer or agency; and
236 (b) school or district personnel if the principal determines that school or district
237personnel should be informed.
238 [(1) Whenever a student is found on school property during school hours or at a
239school-sponsored activity in possession of a dangerous weapon and that information is reported
240to or known by the principal, the principal shall notify law enforcement personnel and school
241or district personnel who, in the opinion of the principal, should be informed.]
242 [(2)] (4) A person who in good faith reports information under Subsection [(1)] (2) or 02-02-23 10:34 AM 1st Sub. (Buff) H.B. 60
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243(3) and any person who receives the information is immune from any liability, civil or criminal,
244that might otherwise result from the reporting or receipt of the information.
245 Section 5. Section 62A-5-308 is amended to read:
246 62A-5-308. Commitment -- Individual who is under 18 years old.
247 (1) The director of the division, or the director's designee, may commit an individual
248under 18 years old who has an intellectual disability or symptoms of an intellectual disability,
249to the division for observation, diagnosis, care, and treatment if that commitment is based on:
250 (a) an emergency commitment in accordance with Section 62A-5-311; or
251 (b) involuntary commitment in accordance with Section 62A-5-312.
252 (2) A proceeding for involuntary commitment under Subsection (1)(a) may be
253commenced by filing a written petition with the juvenile court under Section 62A-5-312.
254 (3) (a) A juvenile court has jurisdiction over the proceeding under Subsection (2) as
255described in Subsection [78A-6-103(2)(f)] 78A-6-103(2)(a)(vi).
256 (b) A juvenile court shall proceed with the written petition in the same manner and
257with the same authority as the district court.
258 (4) If an individual who is under 18 years old is committed to the custody of the Utah
259State Developmental Center by the juvenile court, the director or the director's designee shall
260give the juvenile court written notice of the intention to release the individual not fewer than
261five days before the day on which the individual is released.
262 Section 6. Section 63A-16-1001 is amended to read:
263 Part 10. Criminal and Juvenile Justice Database
264 63A-16-1001. Definitions.
265 As used in this part:
266 (1) "Commission" means the State Commission on Criminal and Juvenile Justice
267created in Section 63M-7-201.
268 (2) "Criminal justice agency" means an agency or institution directly involved in the
269apprehension, prosecution, and incarceration of an individual involved in criminal activity,
270including law enforcement, correctional facilities, jails, courts, probation, and parole.
271 (3) "Database" means the [Criminal Justice Database] criminal and juvenile justice
272database created in this part.
273 (4) "Division" means the Division of Technology Services created in Section 1st Sub. (Buff) H.B. 60 02-02-23 10:34 AM
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27463A-16-103.
275 Section 7. Section 63A-16-1002 is amended to read:
276 63A-16-1002. Criminal and juvenile justice database.
277 (1) The commission shall oversee the creation and management of a [Criminal Justice
278Database] criminal and juvenile justice database for information and data required to be
279reported to the commission, organized by county, and accessible to all criminal justice agencies
280in the state.
281 (2) The division shall assist with the development and management of the database.
282 (3) The division, in collaboration with the commission, shall create:
283 (a) master standards and formats for information submitted to the database;
284 (b) a portal, bridge, website, or other method for reporting entities to provide the
285information;
286 (c) a master data management index or system to assist in the retrieval of information
287in the database;
288 (d) a protocol for accessing information in the database that complies with state
289privacy regulations; and
290 (e) a protocol for real-time audit capability of all data accessed through the portal by
291participating data source, data use entities, and regulators.
292 (4) Each criminal justice agency charged with reporting information to the commission
293shall provide the data or information to the database in a form prescribed by the commission.
294 (5) The database shall be the repository for the statutorily required data described in:
295 (a) Section 13-53-111, recidivism reporting requirements;
296 (b) Section 17-22-32, county jail reporting requirements;
297 (c) Section 17-55-201, Criminal Justice Coordinating Councils reporting;
298 (d) Section 24-4-118, forfeiture reporting requirements;
299 (e) Section 41-6a-511, courts to collect and maintain data;
300 (f) Section 63M-7-214, law enforcement agency grant reporting;
301 (g) Section 63M-7-216, prosecutorial data collection;
302 (h) Section 64-13-21, supervision of sentenced offenders placed in community;
303 (i) Section 64-13-25, standards for programs;
304 (j) Section 64-13-45, department reporting requirements; 02-02-23 10:34 AM 1st Sub. (Buff) H.B. 60
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305 (k) Section 64-13e-104, housing of state probationary inmates or state parole inmates;
306 (l) Section 77-7-8.5, use of tactical groups;
307 (m) Section 77-20-103, release data requirements;
308 (n) Section 77-22-2.5, court orders for criminal investigations;
309 (o) Section 78A-2-109.5, court demographics reporting; [and]
310 (p) Section 80-6-104, data collection on offenses committed by minors; and
311 [(p)] (q) any other statutes which require the collection of specific data and the
312reporting of that data to the commission.
313 (6) The commission shall report:
314 (a) progress on the database, including creation, configuration, and data entered, to the
315Law Enforcement and Criminal Justice Interim Committee not later than November 2022; and
316 (b) all data collected as of December 31, 2022, to the Law Enforcement and Criminal
317Justice Interim Committee, the House Law Enforcement and Criminal Justice Standing
318Committee, and the Senate Judiciary, Law Enforcement and Criminal Justice Standing
319Committee not later than January 16, 2023.
320 Section 8. Section 63M-7-208 is amended to read:
321 63M-7-208. Juvenile justice oversight -- Delegation -- Effective dates.
322 (1) The State Commission on Criminal and Juvenile Justice shall:
323 (a) support implementation and expansion of evidence-based juvenile justice programs
324and practices, including assistance regarding implementation fidelity, quality assurance, and
325ongoing evaluation;
326 (b) examine and make recommendations on the use of third-party entities or an
327intermediary organization to assist with implementation and to support the performance-based
328contracting system authorized in Subsection (1)(m);
329 (c) oversee the development of performance measures to track juvenile justice reforms,
330and ensure early and ongoing stakeholder engagement in identifying the relevant performance
331measures;
332 (d) evaluate currently collected data elements throughout the juvenile justice system
333and contract reporting requirements to streamline reporting, reduce redundancies, eliminate
334inefficiencies, and ensure a focus on recidivism reduction;
335 (e) review averted costs from reductions in out-of-home placements for juvenile justice 1st Sub. (Buff) H.B. 60 02-02-23 10:34 AM
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336youth placed with the Division of Juvenile Justice Services and the Division of Child and
337Family Services, and make recommendations to prioritize the reinvestment and realignment of
338resources into community-based programs for youth living at home, including the following:
339 (i) statewide expansion of:
340 (A) juvenile receiving centers, as defined in Section 80-1-102;
341 (B) mobile crisis outreach teams, as defined in Section 62A-15-102;
342 (C) youth courts; and
343 (D) victim-offender mediation;
344 (ii) statewide implementation of nonresidential diagnostic assessment;
345 (iii) statewide availability of evidence-based programs and practices including
346cognitive behavioral and family therapy programs for minors assessed by a validated risk and
347needs assessment as moderate or high risk;
348 (iv) implementation and infrastructure to support the sustainability and fidelity of
349evidence-based juvenile justice programs, including resources for staffing, transportation, and
350flexible funds; and
351 (v) early intervention programs such as family strengthening programs, family
352wraparound services, and proven truancy interventions;
353 (f) assist the Administrative Office of the Courts in the development of a statewide
354sliding scale for the assessment of fines, fees, and restitution, based on the ability of the minor's
355family to pay;
356 (g) analyze the alignment of resources and the roles and responsibilities of agencies,
357such as the operation of early intervention services, receiving centers, and diversion, and make
358recommendations to reallocate functions as appropriate, in accordance with Section 80-5-401;
359 (h) comply with the data collection and reporting requirements under Section
36080-6-104;
361 [(h) ensure that data reporting is expanded and routinely review data in additional
362areas, including:]
363 [(i) referral and disposition data by judicial district;]
364 [(ii) data on the length of time minors spend in the juvenile justice system, including
365the total time spent under court jurisdiction, on community supervision, and in each
366out-of-home placement;] 02-02-23 10:34 AM 1st Sub. (Buff) H.B. 60
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367 [(iii) recidivism data for minors who are diverted to a nonjudicial adjustment under
368Section 80-6-304 and minors for whom dispositions are ordered under Section 80-6-701,
369including tracking minors into the adult corrections system;]
370 [(iv) change in aggregate risk levels from the time minors receive services, are under
371supervision, and are in out-of-home placement; and]
372 [(v) dosage of programming;]
373 (i) develop a reasonable timeline within which all programming delivered to minors in
374the juvenile justice system must be evidence-based or consist of practices that are rated as
375effective for reducing recidivism by a standardized program evaluation tool;
376 (j) provide guidelines to be considered by the Administrative Office of the Courts and
377the Division of Juvenile Justice Services in developing tools considered by the Administrative
378Office of the Courts and the Division of Juvenile Justice Services in developing or selecting
379tools to be used for the evaluation of juvenile justice programs;
380 (k) develop a timeline to support improvements to juvenile justice programs to achieve
381reductions in recidivism and review reports from relevant state agencies on progress toward
382reaching that timeline;
383 (l) subject to Subsection (2), assist in the development of training for juvenile justice
384stakeholders, including educators, law enforcement officers, probation staff, judges, Division
385of Juvenile Justice Services staff, Division of Child and Family Services staff, and program
386providers;
387 (m) subject to Subsection (3), assist in the development of a performance-based
388contracting system, which shall be developed by the Administrative Office of the Courts and
389the Division of Juvenile Justice Services for contracted services in the community and
390contracted out-of-home placement providers;
391 (n) assist in the development of a validated detention risk assessment tool that [shall
392be] is developed or adopted and validated by the Administrative Office of the Courts and the
393Division of Juvenile Justice Services as provided in Section 80-5-203 [on and after July 1,
3942018]; and
395 (o) annually issue and make public a report to the governor, president of the Senate,
396speaker of the House of Representatives, and chief justice of the Utah Supreme Court on the
397progress of the reforms and any additional areas in need of review. 1st Sub. (Buff) H.B. 60 02-02-23 10:34 AM
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398 (2) Training described in Subsection (1)(l) should include instruction on
399evidence-based programs and principles of juvenile justice, such as risk, needs, responsivity,
400and fidelity, and shall be supplemented by the following topics:
401 (a) adolescent development;
402 (b) identifying and using local behavioral health resources;
403 (c) implicit bias;
404 (d) cultural competency;
405 (e) graduated responses;
406 (f) Utah juvenile justice system data and outcomes; and
407 (g) gangs.
408 (3) The system described in Subsection (1)(m) shall provide incentives for:
409 (a) the use of evidence-based juvenile justice programs and practices rated as effective
410by the tools selected in accordance with Subsection (1)(j);
411 (b) the use of three-month timelines for program completion; and
412 (c) evidence-based programs and practices for minors living at home in rural areas.
413 (4) The State Commission on Criminal and Juvenile Justice may delegate the duties
414imposed under this section to a subcommittee or board established by the State Commission on
415Criminal and Juvenile Justice in accordance with Subsection 63M-7-204(2).
416 [(5) Subsections (1)(a) through (c) take effect August 1, 2017. The remainder of this
417section takes effect July 1, 2018.]
418 Section 9. Section 63M-7-218 is amended to read:
419 63M-7-218. State grant requirements.
420 Beginning July 1, 2023, the commission may not award any grant of state funds to any
421entity subject to, and not in compliance with, the reporting requirements in Subsections
42263A-16-1002(5)(a) through [(o)] (p).
423 Section 10. Section 77-38-14 is amended to read:
424 77-38-14. Notice of expungement petition -- Victim's right to object.
425 (1) (a) The Department of Corrections or the Juvenile Probation Department shall
426prepare a document explaining the right of a victim or a victim's representative to object to a
427petition for expungement under Section 77-40a-305 or 80-6-1004 and the procedures for
428obtaining notice of the petition. 02-02-23 10:34 AM 1st Sub. (Buff) H.B. 60
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429 (b) The department or division shall provide each trial court a copy of the document
430that has jurisdiction over delinquencies or criminal offenses subject to expungement.
431 (2) The prosecuting attorney in any case leading to a conviction, a charge dismissed in
432accordance with a plea in abeyance agreement, or an adjudication subject to expungement,
433shall provide a copy of the document to each person who would be entitled to notice of a
434petition for expungement under Sections 77-40a-305 and [80-6-1004] 80-6-1004.1.
435 Section 11. Section 78A-6-103 is amended to read:
436 78A-6-103. Original jurisdiction of the juvenile court -- Magistrate functions --
437Findings -- Transfer of a case from another court.
438 (1) Except as otherwise provided by Sections 78A-5-102.5 and 78A-7-106, the juvenile
439court has original jurisdiction over:
440 (a) a felony, misdemeanor, infraction, or violation of an ordinance, under municipal,
441state, or federal law, that was committed by a child;
442 (b) a felony, misdemeanor, infraction, or violation of an ordinance, under municipal,
443state, or federal law, that was committed by an individual:
444 (i) who is under 21 years old at the time of all court proceedings; and
445 (ii) who was under 18 years old at the time the offense was committed; and
446 (c) a misdemeanor, infraction, or violation of an ordinance, under municipal or state
447law, that was committed:
448 (i) by an individual:
449 (A) who was 18 years old and enrolled in high school at the time of the offense; and
450 (B) who is under 21 years old at the time of all court proceedings; and
451 (ii) on school property where the individual was enrolled:
452 (A) when school was in session; or
453 (B) during a school-sponsored activity, as defined in Subsection 53G-8-211(1)(k).
454 (2) The juvenile court has original jurisdiction over:
455 (a) any proceeding concerning:
456 [(a)] (i) a child who is an abused child, neglected child, or dependent child;
457 [(b)] (ii) a protective order for a child in accordance with Title 78B, Chapter 7, Part 2,
458Child Protective Orders;
459 [(c)] (iii) the appointment of a guardian of the individual or other guardian of a minor 1st Sub. (Buff) H.B. 60 02-02-23 10:34 AM
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460who comes within the court's jurisdiction under other provisions of this section;
461 [(d)] (iv) the emancipation of a minor in accordance with Title 80, Chapter 7,
462Emancipation;
463 [(e)] (v) the termination of parental rights in accordance with Title 80, Chapter 4,
464Termination and Restoration of Parental Rights, including termination of residual parental
465rights and duties;
466 [(f)] (vi) the treatment or commitment of a minor who has an intellectual disability;
467 [(g)] (vii) the judicial consent to the marriage of a minor who is 16 or 17 years old in
468accordance with Section 30-1-9;
469 [(h)] (viii) an order for a parent or a guardian of a child under Subsection 80-6-705(3);
470 [(i)] (ix) a minor under Title 80, Chapter 6, Part 11, Interstate Compact for Juveniles;
471 [(j)] (x) the treatment or commitment of a child with a mental illness;
472 [(k)] (xi) the commitment of a child to a secure drug or alcohol facility in accordance
473with Section 62A-15-301;
474 [(l)] (xii) a minor found not competent to proceed in accordance with Title 80, Chapter
4756, Part 4, Competency;
476 [(m)] (xiii) de novo review of final agency actions resulting from an informal
477adjudicative proceeding as provided in Section 63G-4-402;
478 [(n)] (xiv) adoptions conducted in accordance with the procedures described in Title
47978B, Chapter 6, Part 1, Utah Adoption Act, if the juvenile court has previously entered an order
480terminating the rights of a parent and finds that adoption is in the best interest of the child;
481 [(o)] (xv) an ungovernable or runaway child who is referred to the juvenile court by the
482Division of Juvenile Justice Services if, despite earnest and persistent efforts by the Division of
483Juvenile Justice Services, the child has demonstrated that the child:
484 [(i)] (A) is beyond the control of the child's parent, guardian, or custodian to the extent
485that the child's behavior or condition endangers the child's own welfare or the welfare of others;
486or
487 [(ii)] (B) has run away from home; and
488 [(p)] (xvi) a criminal information filed under Part 4a, Adult Criminal Proceedings, for
489an adult alleged to have committed an offense under Subsection 78A-6-352(4)(b) for failure to
490comply with a promise to appear and bring a child to the juvenile court[.]; 02-02-23 10:34 AM 1st Sub. (Buff) H.B. 60
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491 (b) a petition for expungement under Title 80, Chapter 6, Part 10, Juvenile Records and
492Expungement; and
493 (c) the extension of a nonjudicial adjustment under Section 80-6-304.
494 (3) It is not necessary for a minor to be adjudicated for an offense or violation of the
495law under Section 80-6-701[,] for the juvenile court to exercise jurisdiction under Subsection
496[(2)(p)] (2)(a)(xvi), (b), or (c).
497 (4) This section does not restrict the right of access to the juvenile court by private
498agencies or other persons.
499 (5) The juvenile court has jurisdiction of all magistrate functions relative to cases
500arising under Title 80, Chapter 6, Part 5, Transfer to District Court.
501 (6) The juvenile court has jurisdiction to make a finding of substantiated,
502unsubstantiated, or without merit, in accordance with Section 80-3-404.
503 (7) The juvenile court has jurisdiction over matters transferred to the juvenile court by
504another trial court in accordance with Subsection 78A-7-106(4) and Section 80-6-303.
505 Section 12. Section 78A-6-209 is amended to read:
506 78A-6-209. Court records -- Inspection.
507 (1) The juvenile court and the juvenile court's probation department shall keep records
508as required by the board and the presiding judge.
509 (2) A court record shall be open to inspection by:
510 (a) the parents or guardian of a child, a minor who is at least 18 years old, other parties
511in the case, the attorneys, and agencies to which custody of a minor has been transferred;
512 (b) for information relating to adult offenders alleged to have committed a sexual
513offense, a felony or class A misdemeanor drug offense, or an offense against the person under
514Title 76, Chapter 5, Offenses Against the Individual, the State Board of Education for the
515purpose of evaluating whether an individual should be permitted to obtain or retain a license as
516an educator or serve as an employee or volunteer in a school, with the understanding that the
517State Board of Education must provide the individual with an opportunity to respond to any
518information gathered from the State Board of Education's inspection of the records before the
519State Board of Education makes a decision concerning licensure or employment;
520 (c) the Criminal Investigations and Technical Services Division, established in Section
52153-10-103, for the purpose of a criminal history background check for the purchase of a firearm 1st Sub. (Buff) H.B. 60 02-02-23 10:34 AM
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522and establishing good character for issuance of a concealed firearm permit as provided in
523Section 53-5-704;
524 (d) the Division of Child and Family Services for the purpose of Child Protective
525Services Investigations in accordance with Sections 80-2-602 and 80-2-701 and administrative
526hearings in accordance with Section 80-2-707;
527 (e) the Office of Licensing for the purpose of conducting a background check in
528accordance with Section 62A-2-120;
529 (f) for information related to a minor who has committed a sexual offense, a felony, or
530an offense that if committed by an adult would be a misdemeanor, the Department of Health
531for the purpose of evaluating under the provisions of Subsection 26-39-404(3) whether a
532licensee should be permitted to obtain or retain a license to provide child care, with the
533understanding that the department must provide the individual who committed the offense with
534an opportunity to respond to any information gathered from the Department of Health's
535inspection of records before the Department of Health makes a decision concerning licensure;
536 (g) for information related to a minor who has committed a sexual offense, a felony, or
537an offense that if committed by an adult would be a misdemeanor, the Department of Health to
538determine whether an individual meets the background screening requirements of Title 26,
539Chapter 21, Part 2, Clearance for Direct Patient Access, with the understanding that the
540department must provide the individual who committed the offense an opportunity to respond
541to any information gathered from the Department of Health's inspection of records before the
542Department of Health makes a decision under that part; and
543 (h) for information related to a minor who has committed a sexual offense, a felony, or
544an offense that if committed by an adult would be a misdemeanor, the Department of Health to
545determine whether to grant, deny, or revoke background clearance under Section 26-8a-310 for
546an individual who is seeking or who has obtained an emergency medical service personnel
547license under Section 26-8a-302, with the understanding that the Department of Health must
548provide the individual who committed the offense an opportunity to respond to any information
549gathered from the Department of Health's inspection of records before the Department of
550Health makes a determination.
551 (3) With the consent of the juvenile court, a court record may be inspected by the child,
552by persons having a legitimate interest in the proceedings, and by persons conducting pertinent 02-02-23 10:34 AM 1st Sub. (Buff) H.B. 60
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553research studies.
554 (4) (a) Except as provided in Subsection (4)(b), if a petition is filed charging a minor
555who is 14 years old or older with an offense that would be a felony if committed by an adult,
556the juvenile court shall make available to any person upon request the petition, any
557adjudication or disposition orders, and the delinquency history summary for the minor.
558 (b) A juvenile court may close the records described in Subsection (4)(a) to the public
559if the juvenile court finds, on the record, that the records are closed for good cause.
560 [(4) If a petition is filed charging a minor who is 14 years old or older with an offense
561that would be a felony if committed by an adult, the juvenile court shall make available to any
562person upon request the petition, any adjudication or disposition orders, and the delinquency
563history summary of the minor charged unless the records are closed by the juvenile court upon
564findings on the record for good cause.]
565 (5) A juvenile probation officer's records and reports of social and clinical studies are
566not open to inspection, except by consent of the juvenile court, given under rules adopted by
567the board.
568 (6) The juvenile court may charge a reasonable fee to cover the costs associated with
569retrieving a requested record that has been archived.
570 Section 13. Section 78A-6-358 is amended to read:
571 78A-6-358. Period of effect for a judgment, decree, or order by a juvenile court.
572 (1) A judgment, order, or decree of the juvenile court is no longer in effect after a
573minor is 21 years old, except:
574 (a) for an order of commitment to the Utah State Developmental Center or to the
575custody of the Division of Substance Abuse and Mental Health;
576 (b) for an adoption under Subsection [78A-6-103(2)(n)] 78A-6-103(2)(a)(xiv);
577 (c) for an order permanently terminating the rights of a parent, guardian, or custodian
578under Title 80, Chapter 4, Termination and Restoration of Parental Rights;
579 (d) for a permanent order of custody and guardianship under Subsection
58080-3-405(2)(d);
581 (e) an order establishing paternity under Subsection 78A-6-104(1)(a)(i); and
582 (f) as provided in Subsection (2).
583 (2) If the juvenile court enters a judgment or order for a minor for whom the juvenile 1st Sub. (Buff) H.B. 60 02-02-23 10:34 AM
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584court has extended continuing jurisdiction over the minor's case until the minor is 25 years old
585under Section 80-6-605, the juvenile court's judgment or order is no longer in effect after the
586minor is 25 years old.
587 Section 14. Section 78B-6-105 is amended to read:
588 78B-6-105. District court venue -- Jurisdiction of juvenile court -- Jurisdiction
589over nonresidents -- Time for filing.
590 (1) An adoption proceeding shall be commenced by filing a petition in:
591 (a) the district court in the district where the prospective adoptive parent resides;
592 (b) if the prospective adoptive parent is not a resident of this state, the district court in
593the district where:
594 (i) the adoptee was born;
595 (ii) the adoptee resides on the day on which the petition is filed; or
596 (iii) a parent of the proposed adoptee resides on the day on which the petition is filed;
597or
598 (c) the juvenile court as provided in Subsection [78A-6-103(2)(n)]
59978A-6-103(2)(a)(xiv) and Section 78A-6-350.
600 (2) All orders, decrees, agreements, and notices in an adoption proceeding shall be
601filed with the clerk of the court where the adoption proceeding is commenced under Subsection
602(1).
603 (3) A petition for adoption:
604 (a) may be filed before the birth of a child;
605 (b) may be filed before or after the adoptee is placed in the home of the petitioner for
606the purpose of adoption; and
607 (c) shall be filed no later than 30 days after the day on which the adoptee is placed in
608the home of the petitioners for the purpose of adoption, unless:
609 (i) the time for filing has been extended by the court; or
610 (ii) the adoption is arranged by a child-placing agency in which case the agency may
611extend the filing time.
612 (4) (a) If a person whose consent for the adoption is required under Section 78B-6-120
613or 78B-6-121 cannot be found within the state, the fact of the minor's presence within the state
614shall confer jurisdiction on the court in proceedings under this chapter as to such absent person, 02-02-23 10:34 AM 1st Sub. (Buff) H.B. 60
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615provided that due notice has been given in accordance with the Utah Rules of Civil Procedure.
616 (b) The notice may not include the name of:
617 (i) a prospective adoptive parent; or
618 (ii) an unmarried mother without her consent.
619 (5) Service of notice described in Subsection (6) shall vest the court with jurisdiction
620over the person served in the same manner and to the same extent as if the person served was
621served personally within the state.
622 (6) In the case of service outside the state, service completed not less than five days
623before the time set in the notice for appearance of the person served is sufficient to confer
624jurisdiction.
625 (7) Computation of periods of time not otherwise set forth in this section shall be made
626in accordance with the Utah Rules of Civil Procedure.
627 Section 15. Section 80-6-104 is enacted to read:
628 80-6-104. Data collection on offenses committed by minors -- Reporting
629requirement.
630 (1) As used in this section:
631 (a) "Firearm" means the same as that term is defined in Section 76-10-501.
632 (b) "Firearm-related offense" means a criminal offense involving a firearm.
633 (c) "School is in session" means the same as that term is defined in Section 53E-3-516.
634 (d) "School-sponsored activity" means the same as that term is defined in Section
63553E-3-516.
636 (2) Before July 1 of each year, the Administrative Office of the Courts shall submit the
637following data to the State Commission on Criminal and Juvenile Justice, broken down by
638judicial district, for the preceding calendar year:
639 (a) the number of referrals to the juvenile court;
640 (b) the number of minors diverted to a nonjudicial adjustment;
641 (c) the number of minors that satisfy the conditions of a nonjudicial adjustment;
642 (d) the number of minors for whom a petition for an offense is filed in the juvenile
643court;
644 (e) the number of minors for whom an information is filed in the juvenile court;
645 (f) the number of minors bound over to the district court by the juvenile court; 1st Sub. (Buff) H.B. 60 02-02-23 10:34 AM
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646 (g) the number of petitions for offenses committed by minors that were dismissed by
647the juvenile court;
648 (h) the number of adjudications in the juvenile court for offenses committed by minors;
649 (i) the number of guilty pleas entered into by minors in the juvenile court;
650 (j) the number of dispositions resulting in secure care, community-based placement,
651formal probation, and intake probation; and
652 (k) for each minor charged in the juvenile court with a firearm-related offense:
653 (i) the minor's age at the time the offense was committed or allegedly committed;
654 (ii) the minor's zip code at the time that the offense was referred to the juvenile court;
655 (iii) whether the minor is a restricted person under Subsection 76-10-503(1)(a)(iv) or
656(1)(b)(ii);
657 (iv) the type of offense for which the minor is charged;
658 (v) the outcome of the minor's case in juvenile court, including whether the minor was
659bound over to the district court or adjudicated by the juvenile court; and
660 (vi) if a disposition was entered by the juvenile court, whether the disposition resulted
661in secure care, community-based placement, formal probation, or intake probation.
662 (3) The State Commission on Criminal and Juvenile Justice shall track the disposition
663of a case resulting from a firearm-related offense committed, or allegedly committed, by a
664minor when the minor is found in possession of a firearm while school is in session or during a
665school-sponsored activity.
666 (4) In collaboration with the Administrative Office of the Courts, the division, and
667other agencies, the State Commission on Criminal and Juvenile Justice shall collect data for the
668preceding calendar year on:
669 (a) the length of time that minors spend in the juvenile justice system, including the
670total amount of time minors spend under juvenile court jurisdiction, on community
671supervision, and in each out-of-home placement;
672 (b) recidivism of minors who are diverted to a nonjudicial adjustment and minors for
673whom dispositions are ordered by the juvenile court, including tracking minors into the adult
674corrections system;
675 (c) changes in aggregate risk levels from the time minors receive services, are under
676supervision, and are in out-of-home placement; and 02-02-23 10:34 AM 1st Sub. (Buff) H.B. 60
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677 (d) dosages of programming.
678 (5) On and before October 1 of each year, the State Commission on Criminal and
679Juvenile Justice shall prepare and submit a written report to the Judiciary Interim Committee
680and the Law Enforcement and Criminal Justice Interim Committee that includes:
681 (a) data collected by the State Commission on Criminal and Juvenile Justice under this
682section;
683 (b) data collected by the State Board of Education under Section 53E-3-516; and
684 (c) recommendations for legislative action with respect to the data described in this
685Subsection (5).
686 Section 16. Section 80-6-1001 is amended to read:
687 80-6-1001. Definitions.
688 As used in this part:
689 (1) "Abstract" means a copy or summary of a court's disposition.
690 (2) (a) "Agency" means a state, county, or local government entity that generates or
691maintains records [relating to a nonjudicial adjustment or an adjudication] for which
692expungement may be ordered under this part.
693 (b) "Agency" includes a local education agency, as defined in Section 53E-1-102, for
694purposes of this part.
695 (3) "Expunge" means to seal or otherwise restrict access to a record that is part of an
696individual's juvenile record and in the custody of the juvenile court or an agency.
697 (4) (a) "Juvenile record" means all records for all incidents of delinquency involving an
698individual that are in the custody of the juvenile court or an agency.
699 (b) "Juvenile record" does not include a record of an adjudication under Chapter 3,
700Abuse, Neglect, or Dependency Proceedings, or Chapter 4, Termination and Restoration of
701Parental Rights.
702 (5) "Petitioner" means an individual requesting an expungement or vacatur under this
703part.
704 [(3) "Expunge" means to seal or otherwise restrict access to an individual's record held
705by a court or an agency when the record relates to a nonjudicial adjustment or an adjudication
706of an offense in the juvenile court.]
707 Section 17. Section 80-6-1001.1, which is renumbered from Section 80-6-1003 is 1st Sub. (Buff) H.B. 60 02-02-23 10:34 AM
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708renumbered and amended to read:
709 [80-6-1003]. 80-6-1001.1. Court records -- Abstracts.
710 [(1) (a) Except as otherwise provided in this part, if a minor's juvenile record is
711expunged, and upon a court order, all photographs or records under Section 80-6-608 shall be
712destroyed by an agency.]
713 [(b) A record of a minor's fingerprints may not be destroyed by an agency.]
714 [(2)] (1) A court or agency with custody of an individual's record related to an offense
715that the individual is alleged to have committed, or an offense that the individual committed,
716before the individual was 18 years old may not disclose the record to a federal agency that is
717responsible for criminal justice research or proceedings unless the court or the agency is
718required to share the record under state or federal law.
719 [(3)] (2) An abstract of a [juvenile court] record for [an] a minor's adjudication of a
720traffic offense shall be submitted to the Department of Public Safety as provided in Section
72153-3-218.
722 Section 18. Section 80-6-1002 is amended to read:
723 80-6-1002. Vacatur of an adjudication.
724 (1) [(a) An individual who has been adjudicated under this chapter may petition the
725juvenile court for vacatur of the individual's juvenile court records and any related records in
726the custody of an agency if the record relates to:]
727 [(i) an adjudication under Section 76-10-1302, 76-10-1304, or 76-10-1313; or]
728 [(ii) an adjudication that was based on an offense that the petitioner engaged in while
729subject to force, fraud, or coercion, as defined in Section 76-5-308.]
730 (a) An individual who has been adjudicated for an offense by the juvenile court may
731petition the juvenile court for vacatur of the adjudication if the adjudication was for a violation
732of:
733 (i) Section 76-5-308, human trafficking for labor if the petitioner engaged in the human
734trafficking for labor while subject to force, fraud, or coercion;
735 (ii) Section 76-10-1302, prostitution;
736 (iii) Section 76-10-1304, aiding prostitution; or
737 (iv) Section 76-10-1313, sexual solicitation.
738 (b) The petitioner shall include in the petition the relevant juvenile court incident 02-02-23 10:34 AM 1st Sub. (Buff) H.B. 60
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739number and any agencies known or alleged to have any [documents] records related to the
740offense for which vacatur is being sought.
741 (c) The petitioner shall include with the petition the original criminal history report
742obtained from the Bureau of Criminal Identification in accordance with the provisions of
743Section 53-10-108.
744 (d) The petitioner shall send a copy of the petition to the [county attorney or, if within a
745prosecution district, the district attorney] prosecuting attorney.
746 (2) (a) Upon the filing of a petition, the juvenile court shall:
747 (i) set a date for a hearing; and
748 (ii) at least 30 days before the day on which the hearing on the petition is scheduled,
749notify the prosecuting attorney and any affected agency identified in the juvenile record:
750 (A) that a petition has been filed; and
751 (B) of the date of the hearing.
752 [(ii) notify the county attorney or district attorney and the agency with custody of the
753records at least 30 days prior to the hearing of the pendency of the petition; and]
754 [(iii) notify the county attorney or district attorney and the agency with records the
755petitioner is asking the juvenile court to vacate of the date of the hearing.]
756 (b) (i) The juvenile court shall provide a victim with the opportunity to request notice
757of a petition for vacatur.
758 [(ii) A victim shall receive notice of a petition for vacatur at least 30 days before the
759hearing if, before the entry of vacatur, the victim or, in the case of a child or an individual who
760is incapacitated or deceased, the victim's next of kin or authorized representative,]
761 (ii) At least 30 days before the day on which the hearing is scheduled, a victim shall
762receive notice of a petition for vacatur if, before the entry of vacatur, the victim, or the victim's
763next of kin or authorized representative if the victim is a child or an individual who is
764incapacitated or deceased, submits a written and signed request for notice to the court in the
765judicial district in which the crime occurred or judgment was entered.
766 (iii) The notice shall include a copy of the petition and statutes and rules applicable to
767the petition.
768 [(3) (a)] (c) At the hearing the petitioner, the [county attorney or district attorney]
769prosecuting attorney, a victim, and any other person who may have relevant information about 1st Sub. (Buff) H.B. 60 02-02-23 10:34 AM
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770the petitioner may testify.
771 [(b) (i)] (3) (a) In deciding whether to grant a petition for vacatur of an adjudication of
772an offense for human trafficking of labor described in Subsection (1)(a)(i), the juvenile court
773shall consider whether the petitioner acted subject to force, fraud, or coercion[, as defined in
774Section 76-5-308,] at the time of the conduct giving rise to the adjudication.
775 [(ii)(A)] (b) If the juvenile court finds by a preponderance of the evidence that the
776petitioner was subject to force, fraud, or coercion[, as defined in Section 76-5-308] at the time
777of the conduct giving rise to the adjudication, the juvenile court shall grant vacatur of the
778adjudication.
779 [(B)] (c) If the juvenile court does not find sufficient evidence, the juvenile court shall
780deny vacatur of the adjudication.
781 [(iii)] (4) If the petition [is for vacatur of any adjudication under Section 76-10-1302,
78276-10-1304, or 76-10-1313] seeks to vacate an adjudication of an offense described in
783Subsection (1)(a)(ii) through (iv), the juvenile court shall presumptively grant vacatur of the
784adjudication unless the petitioner acted as a purchaser of any sexual activity.
785 [(c) If vacatur is granted, the juvenile court shall order sealed all of the petitioner's
786records under the control of the juvenile court and any of the petitioner's records under the
787control of any other agency or official]
788 (5) (a) Except as provided in Subsection (5)(b), if the juvenile court grants a vacatur of
789an adjudication for an offense described in Subsection (1)(a), the juvenile court shall order
790expungement of all records in the petitioner's juvenile record pertaining to the incident
791identified in the petition, including relevant related records contained in the Management
792Information System and the Licensing Information System.
793 [(6)] (b) The juvenile court may not [vacate a juvenile court record if the record
794contains an adjudication of] order expungement of any record in the petitioner's juvenile record
795that contains an adjudication for a violation of:
796 [(a)] (i) Section 76-5-202, aggravated murder; or
797 [(b)] (ii) Section 76-5-203, murder.
798 [(4)] (6) (a) The petitioner shall be responsible for service of the vacatur and
799expungement order [of vacatur] to all affected state, county, and local entities, agencies, and
800officials. 02-02-23 10:34 AM 1st Sub. (Buff) H.B. 60
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801 (b) To avoid destruction or [sealing] expungement of the records in whole or in part,
802the agency or entity receiving the vacatur and expungement order shall only [vacate] expunge
803all references to the petitioner's name in the records pertaining to the relevant adjudicated
804juvenile court incident.
805 [(5) (a) Upon the entry of vacatur,]
806 [(b) Inspection of the records may thereafter only be permitted by the juvenile court
807upon petition by the individual who is the subject of the records, and only to persons named in
808the petition.]
809 (7) (a) Upon entry of a vacatur and expungement order under this section:
810 (i) the proceedings in the incident identified in the petition [shall be] are considered
811never to have occurred; and
812 (ii) the petitioner may [properly reply accordingly upon any inquiry in the matter] reply
813to an inquiry on the matter as though the proceedings never occurred.
814 (b) Upon petition, any record expunged under this section may only be released to or
815viewed by:
816 (i) the individual who is the subject of the record; or
817 (ii) a person named in the petition of vacatur.
818 Section 19. Section 80-6-1004.1 is enacted to read:
819 80-6-1004.1. Petition to expunge adjudication -- Hearing and notice -- Waiver --
820Order.
821 (1) An individual may petition the juvenile court for an order to expunge the
822individual's juvenile record if:
823 (a) the individual was adjudicated for an offense in the juvenile court;
824 (b) the individual has reached 18 years old; and
825 (c) at least one year has passed from the day on which:
826 (i) the juvenile court's continuing jurisdiction was terminated; or
827 (ii) if the individual was committed to secure care, the individual was unconditionally
828released from the custody of the division.
829 (2) If a petitioner is 18 years old or older and seeks an expungement under Subsection
830(1), the petition shall include a criminal history report obtained from the Bureau of Criminal
831Identification in accordance with Section 53-10-108. 1st Sub. (Buff) H.B. 60 02-02-23 10:34 AM
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832 (3) If the juvenile court finds and states on the record the reason why waiver is
833appropriate, the juvenile court may waive:
834 (a) the age requirement under Subsection (1)(b) for a petition; or
835 (b) the one-year requirement under Subsection (1)(c) for a petition.
836 (4) (a) Upon the filing of a petition described in Subsection (1)(a), the juvenile court
837shall:
838 (i) set a date for a hearing; and
839 (ii) at least 30 days before the day on which the hearing on the petition is scheduled,
840notify the prosecuting attorney and any affected agency identified in the petitioner's juvenile
841record:
842 (A) that the petition has been filed; and
843 (B) of the date of the hearing.
844 (b) (i) The juvenile court shall provide a victim with the opportunity to request notice
845of a petition described in Subsection (1).
846 (ii) Upon the victim's request under Subsection (4)(b)(i), the victim shall receive notice
847of the petition at least 30 days before the day on which the hearing is scheduled if, before the
848day on which an expungement order is made, the victim, or the victim's next of kin or
849authorized representative if the victim is a child or an individual who is incapacitated or
850deceased, submits a written and signed request for notice to the juvenile court in the judicial
851district in which the offense occurred or judgment is entered.
852 (iii) The notice described in Subsection (4)(b)(ii) shall include a copy of the petition
853and any statutes and rules applicable to the petition.
854 (c) At the hearing, the prosecuting attorney, a victim, and any other individual who
855may have relevant information about the petitioner may testify.
856 (d) The juvenile court may waive the hearing for the petition if:
857 (i) (A) there is no victim; or
858 (B) if there is a victim, the victim agrees to the waiver; and
859 (ii) the prosecuting attorney agrees to the waiver.
860 (5) (a) Except as provided in Subsection (6), the juvenile court may grant a petition
861described in Subsection (1) and order expungement of the petitioner's juvenile record if the
862juvenile court finds that the petitioner is rehabilitated to the satisfaction of the court in 02-02-23 10:34 AM 1st Sub. (Buff) H.B. 60
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863accordance with Subsection (5)(b).
864 (b) In deciding whether to grant a petition described in Subsection (1), the juvenile
865court shall consider:
866 (i) whether expungement of the petitioner's juvenile record is in the best interest of the
867petitioner;
868 (ii) the petitioner's response to programs and treatment;
869 (iii) the nature and seriousness of the conduct for which the petitioner was adjudicated;
870 (iv) the petitioner's behavior subsequent to adjudication;
871 (v) the petitioner's reason for seeking expungement of the petitioner's juvenile record;
872and
873 (vi) if the petitioner is a restricted person under Subsection 76-10-503(1)(a)(iv) or
874(b)(ii):
875 (A) whether the offense for which the petitioner is a restricted person was committed
876with a weapon;
877 (B) whether expungement of the petitioner's juvenile record poses an unreasonable risk
878to public safety; and
879 (C) the amount of time that has passed since the adjudication of the offense for which
880the petitioner is a restricted person.
881 (6) The juvenile court may not grant a petition described in Subsection (1) and order
882expungement of the petitioner's juvenile record if:
883 (a) the petitioner has been convicted of a violent felony within five years before the day
884on which the petition for expungement is filed;
885 (b) there are delinquency or criminal proceedings pending against the petitioner;
886 (c) the petitioner has not satisfied a judgment of restitution entered by the juvenile
887court for an adjudication in the petitioner's juvenile record;
888 (d) the petitioner has not satisfied restitution that was a condition of a nonjudicial
889adjustment in the petitioner's juvenile record; or
890 (e) the petitioner's juvenile record contains an adjudication for a violation of:
891 (i) Section 76-5-202, aggravated murder; or
892 (ii) Section 76-5-203, murder.
893 Section 20. Section 80-6-1004.2 is enacted to read: 1st Sub. (Buff) H.B. 60 02-02-23 10:34 AM
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894 80-6-1004.2. Petition to expunge nonjudicial adjustment -- Order.
895 (1) An individual may petition the juvenile court for an order to expunge the
896individual's juvenile record if:
897 (a) the individual's juvenile record consists solely of nonjudicial adjustments;
898 (b) the individual's juvenile record is not eligible for automatic expungement under
899Section 80-6-1004.5; and
900 (c) the individual has reached 18 years old.
901 (2) If the juvenile court finds and states on the record the reason why the waiver is
902appropriate, the juvenile court may waive the age requirement under Subsection (1)(c) for a
903petition.
904 (3) Except as provided in Subsection (4), the juvenile court shall grant a petition
905described in Subsection (1) and order expungement of the petitioner's juvenile record.
906 (4) The juvenile court may not grant a petition described in Subsection (1) and order
907expungement of the petitioner's juvenile record if:
908 (a) there are delinquency or criminal proceedings pending against the petitioner; or
909 (b) the petitioner has not satisfied restitution that was a condition of a nonjudicial
910adjustment in the petitioner's juvenile record.
911 Section 21. Section 80-6-1004.3 is enacted to read:
912 80-6-1004.3. Petition to expunge arrest, investigation, detention, or delinquency
913petition -- Screening -- Order.
914 (1) An individual may petition the juvenile court for an order to expunge the
915individual's juvenile record if:
916 (a) the individual's juvenile record consists solely of records of arrest, investigation,
917detention, or petitions that did not result in adjudication;
918 (b) the individual was not adjudicated for an offense in the juvenile court; and
919 (c) the individual has reached 18 years old.
920 (2) If a petitioner is 18 years old or older and seeks an expungement under Subsection
921(1), the petition shall include a criminal history report obtained from the Bureau of Criminal
922Identification in accordance with Section 53-10-108.
923 (3) If the juvenile court finds and states on the record the reason why the waiver is
924appropriate, the juvenile court may waive the age requirement under Subsection (1)(c)for a 02-02-23 10:34 AM 1st Sub. (Buff) H.B. 60
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925petition.
926 (4) (a) Upon the filing of a petition described in Subsection (1), the juvenile court shall
927notify the prosecuting attorney that the petition has been filed.
928 (b) Within 30 days after the day on which the notification is sent under Subsection
929(4)(a), the prosecuting attorney shall respond to the petition stating whether the petitioner
930meets the requirements for expungement under this section.
931 (5) Except as provided in Subsection (6), the juvenile court shall grant a petition
932described in Subsection (1) and order expungement of the petitioner's juvenile record if each
933case identified in the petition:
934 (a) has been screened by the investigating law enforcement agency and the prosecuting
935attorney has determined that no charges will be filed against the individual;
936 (b) resulted in all charges in the case being dismissed with prejudice;
937 (c) resulted in all charges in the case being dismissed without prejudice or without
938condition and the prosecuting attorney consents to the expungement; or
939 (d) is barred from prosecution by the statute of limitations.
940 (6) The juvenile court may not grant a petition described in Subsection (1) and order
941expungement of the petitioner's juvenile record if there are delinquency or criminal proceedings
942pending against the petitioner.
943 Section 22. Section 80-6-1004.4 is enacted to read:
944 80-6-1004.4. Petition to expunge petition not found to be true -- Order.
945 (1) An individual may petition the juvenile court, at any time, for an order to expunge
946all records in the individual's juvenile record pertaining to an incident where a petition was
947filed if:
948 (a) the incident was presented to the juvenile court for adjudication based upon an
949admission, plea, or trial;
950 (b) the juvenile court did not find by beyond a reasonable doubt the allegations in the
951petition to be true;
952 (c) at least 30 days have passed since the day on which the juvenile court did not find
953the allegations in the petition to be true; and
954 (d) an appeal has not been filed for the petition within the 30-day period described in
955Subsection (1)(c). 1st Sub. (Buff) H.B. 60 02-02-23 10:34 AM
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956 (2) If a petitioner is 18 years old or older and seeks an expungement under Subsection
957(1), the petition shall include a criminal history report obtained from the Bureau of Criminal
958Identification in accordance with Section 53-10-108.
959 (3) The juvenile court shall grant a petition described in Subsection (1), without a
960hearing, and order expungement of any record in the petitioner's juvenile record pertaining to
961the incident.
962 Section 23. Section 80-6-1004.5 is enacted to read:
963 80-6-1004.5. Automatic expungement of successful nonjudicial adjustment --
964Effect of successful nonjudicial adjustment.
965 (1) Except as provided in Subsection (2), the juvenile court shall issue, without a
966petition, an order to expunge an individual's juvenile record if:
967 (a) the individual has reached 18 years old;
968 (b) the individual's juvenile record consists solely of nonjudicial adjustments;
969 (c) the individual has successfully completed each nonjudicial adjustment; and
970 (d) all nonjudicial adjustments were completed on or after October 1, 2023.
971 (2) An individual's juvenile record is not eligible for expungement under Subsection
972(1) if the individual's juvenile record contains a nonjudicial adjustment for a violation of:
973 (a) Section 41-6a-502, driving under the influence;
974 (b) Section 76-5-112, reckless endangerment creating a substantial risk of death or
975serious bodily injury;
976 (c) Section 76-5-206, negligent homicide;
977 (d) Section 76-9-702.1, sexual battery;
978 (e) Section 76-10-505.5, possession of a dangerous weapon, firearm, or short barreled
979shotgun on or about school premises; or
980 (f) Section 76-10-509, possession of a dangerous weapon by a minor.
981 (3) If an individual's juvenile record consists solely of nonjudicial adjustments that
982were completed before October 1, 2023:
983 (a) any nonjudicial adjustment in the individual's juvenile record is considered to never
984have occurred if:
985 (i) the individual has reached 18 years old;
986 (ii) the individual has satisfied restitution that was a condition of any nonjudicial 02-02-23 10:34 AM 1st Sub. (Buff) H.B. 60
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987adjustment in the individual's juvenile record; and
988 (iii) the nonjudicial adjustment was for an offense that is not an offense described in
989Subsection (2); and
990 (b) the individual may reply to any inquiry about the nonjudicial adjustment as though
991there never was a nonjudicial adjustment.
992 Section 24. Section 80-6-1006.1 is enacted to read:
993 80-6-1006.1. Exceptions to expungement order -- Distribution of expungement
994order -- Agency duties -- Effect of expungement -- Access to expunged record.
995 (1) This section applies to an expungement order under Section 80-6-1004.1,
99680-6-1004.2, 80-6-1004.3, 80-6-1004.4, or 80-6-1004.5.
997 (2) The juvenile court may not order:
998 (a) the Board of Pardons and Parole and the Department of Corrections to seal a record
999in the possession of the Board of Pardons and Parole or the Department of Corrections, except
1000that the juvenile court may order the Board of Pardons and Parole and the Department of
1001Corrections to restrict access to a record if the record is specifically identified in the
1002expungement order as a record in the possession of the Board of Pardons and Parole or the
1003Department of Corrections; or
1004 (b) the Division of Child and Family Services to expunge a record in an individual's
1005juvenile record that is contained in the Management Information System or the Licensing
1006Information System unless:
1007 (i) the record is unsupported; or
1008 (ii) after notice and an opportunity to be heard, the Division of Child and Family
1009Services stipulates in writing to expunging the record.
1010 (3) (a) If the juvenile court issues an expungement order, the juvenile court shall send a
1011copy of the expungement order to any affected agency or official identified in the juvenile
1012record.
1013 (b) An individual who is the subject of an expungement order may deliver copies of the
1014expungement order to all agencies and officials affected by the expungement order.
1015 (4) (a) Upon receipt of an expungement order, an agency shall:
1016 (i) to avoid destruction or expungement of records in whole or in part, expunge only
1017the references to the individual's name in the records relating to the individual's adjudication, 1st Sub. (Buff) H.B. 60 02-02-23 10:34 AM
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1018nonjudicial adjustment, petition, arrest, investigation, or detention for which expungement is
1019ordered; and
1020 (ii) destroy all photographs and records created under Section 80-6-608, except that a
1021record of a minor's fingerprints may not be destroyed by an agency.
1022 (b) An agency that receives a copy of an expungement order shall mail an affidavit to
1023the individual who is the subject of the expungement order, or the individual's attorney, that the
1024agency has complied with the expungement order.
1025 (5) Notwithstanding Subsection (4), the Board of Pardons and Parole and the
1026Department of Corrections:
1027 (a) may not disclose records expunged in an expungement order unless required by
1028law;
1029 (b) are not required to destroy any photograph or record created under Section
103080-6-608;
1031 (c) may use an expunged record for purposes related to incarceration and supervision
1032of an individual under the jurisdiction of the Board of Pardons and Parole, including for the
1033purpose of making decisions about:
1034 (i) the treatment and programming of the individual;
1035 (ii) housing of the individual;
1036 (iii) applicable guidelines regarding the individual; or
1037 (iv) supervision conditions for the individual;
1038 (d) are not prohibited from disclosing or sharing any information in an expunged
1039record with another agency that uses the same record management system as the Board of
1040Pardons and Parole or the Department of Corrections; and
1041 (e) are not required to mail an affidavit under Subsection (4)(b).
1042 (6) Upon entry of an expungement order:
1043 (a) an adjudication, a nonjudicial adjustment, a petition, an arrest, an investigation, or a
1044detention for which the record is expunged is considered to have never occurred; and
1045 (b) the individual, who is the subject of the expungement order, may reply to an inquiry
1046on the matter as though there never was an adjudication, a nonjudicial adjustment, a petition,
1047an arrest, an investigation, or a detention.
1048 (7) A record expunged under Section 80-6-1004.1, 80-6-1004.2, 80-6-1004.3, 02-02-23 10:34 AM 1st Sub. (Buff) H.B. 60
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104980-6-1004.4, or 80-6-1004.5 may be released to, or viewed by, the individual who is the subject
1050of the record.
1051 Section 25. Repealer.
1052 This bill repeals:
1053 Section 80-6-1004, Requirements to apply to expunge an adjudication.
1054 Section 80-6-1005, Nonjudicial adjustment expungement.
1055 Section 80-6-1006, Effect of an expunged record -- Agency duties.
1056 Section 26. Effective date.
1057 This bill takes effect on October 1, 2023.