Utah 2023 Regular Session

Utah House Bill HB0060 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Enrolled Copy H.B. 60
	1	+	2nd Sub. H.B. 60
	2	+	LEGISLATIVE GENERAL COUNSEL
	3	+	6 Approved for Filing: J. Carlton 6
	4	+	6 02-16-23 10:44 AM 6
	5	+	H.B. 60
	6	+	2nd Sub. (Gray)
	7	+	Representative Cheryl K. Acton proposes the following substitute bill:
2	8		1 JUVENILE JUSTICE MODIFICATIONS
3	9		2 2023 GENERAL SESSION
4	10		3 STATE OF UTAH
5	11		4 Chief Sponsor: Cheryl K. Acton
6	12		5 Senate Sponsor: Luz Escamilla
7		-	6Cosponsors:
8		-	7Dan N. Johnson
9		-	Karianne Lisonbee
10		-	Karen M. Peterson
11		-	Ryan D. Wilcox
12		-	8
13		-	9LONG TITLE
14		-	10General Description:
15		-	11 This bill amends provisions related to juvenile justice.
16		-	12Highlighted Provisions:
17		-	13 This bill:
18		-	14 <addresses the use of juvenile delinquency records by public and private employers;
19		-	15 <requires the State Board of Education to include information about dangerous
20		-	16weapons in an annual report on school discipline and law enforcement action;
21		-	17 <modifies a reporting requirement regarding a minor found with a dangerous weapon
22		-	18on school grounds;
23		-	19 <modifies the jurisdiction of the juvenile court;
24		-	20 <amends provisions related to the inspection of juvenile records when a minor who is
25		-	2114 years old or older is charged with a felony offense;
26		-	22 <defines terms related to juvenile records;
27		-	23 <amends and clarifies provisions regarding the vacatur of an adjudication in the
28		-	24juvenile court;
29		-	25 <clarifies the release of certain juvenile records;
30		-	26 <amends provisions regarding a petition for expungement of a juvenile court record H.B. 60
31		-	Enrolled Copy
	13	+	6
	14	+	7LONG TITLE
	15	+	8General Description:
	16	+	9 This bill amends provisions related to juvenile justice.
	17	+	10Highlighted Provisions:
	18	+	11 This bill:
	19	+	12 <addresses the use of juvenile delinquency records by public and private employers;
	20	+	13 <requires the State Board of Education to include information about dangerous
	21	+	14weapons in an annual report on school discipline and law enforcement action;
	22	+	15 <modifies a reporting requirement regarding a minor found with a dangerous weapon
	23	+	16on school grounds;
	24	+	17 <modifies the jurisdiction of the juvenile court;
	25	+	18 <amends provisions related to the inspection of juvenile records when a minor who is
	26	+	1914 years old or older is charged with a felony offense;
	27	+	20 <defines terms related to juvenile records;
	28	+	21 <amends and clarifies provisions regarding the vacatur of an adjudication in the
	29	+	22juvenile court;
	30	+	23 <clarifies the release of certain juvenile records;
	31	+	24 <amends provisions regarding a petition for expungement of a juvenile court record
	32	+	25with an adjudication, including the notice and hearing requirements for the petition;
	33	+	HB0060S02 2nd Sub. (Gray) H.B. 60 02-16-23 10:44 AM
32	34		- 2 -
33		-	27with an adjudication, including the notice and hearing requirements for the petition;
	35	+	26 <allows for a petition for expungement of a juvenile court record consisting of
	36	+	27nonjudicial adjustments;
34	37		28 <allows for a petition for expungement of a juvenile court record consisting of
35		-	29nonjudicial adjustments;
36		-	30 <allows for a petition for expungement of a juvenile court record consisting of
37		-	31records of arrest, investigation, detention, and delinquency petitions;
38		-	32 <allows for a petition for expungement of records regarding a petition where the
39		-	33allegations of delinquency were found to be not true;
40		-	34 <allows for the automatic expungement of a successful nonjudicial adjustment
41		-	35completed on or after October 1, 2023;
42		-	36 <provides the requirements for expunging juvenile records;
43		-	37 <addresses the distribution of an expungement order;
44		-	38 <addresses agency duties regarding expungement orders;
45		-	39 <addresses records in the custody of the Board of Pardons and Parole, the
46		-	40Department of Corrections, or the Division of Child and Family Services;
47		-	41 <addresses the effect of an expungement order;
48		-	42 <provides that certain individuals may view or inspect expunged juvenile records;
49		-	43 <repeals statutes related to the expungement of juvenile records; and
50		-	44 <makes technical and conforming changes.
51		-	45Money Appropriated in this Bill:
52		-	46 None
53		-	47Other Special Clauses:
54		-	48 This bill provides a special effective date.
55		-	49Utah Code Sections Affected:
56		-	50AMENDS:
57		-	51 34-52-201, as last amended by Laws of Utah 2022, Chapter 447
58		-	52 34-52-301, as enacted by Laws of Utah 2019, Chapter 371
59		-	53 53E-3-516, as last amended by Laws of Utah 2022, Chapter 399
60		-	54 53G-8-510, as renumbered and amended by Laws of Utah 2018, Chapter 3 Enrolled Copy H.B. 60
	38	+	29records of arrest, investigation, detention, and delinquency petitions;
	39	+	30 <allows for a petition for expungement of records regarding a petition where the
	40	+	31allegations of delinquency were found to be not true;
	41	+	32 <allows for the automatic expungement of a successful nonjudicial adjustment
	42	+	33completed on or after October 1, 2023;
	43	+	34 <provides the requirements for expunging juvenile records;
	44	+	35 <addresses the distribution of an expungement order;
	45	+	36 <addresses agency duties regarding expungement orders;
	46	+	37 <addresses records in the custody of the Board of Pardons and Parole, the
	47	+	38Department of Corrections, or the Division of Child and Family Services;
	48	+	39 <addresses the effect of an expungement order;
	49	+	40 <provides that certain individuals may view or inspect expunged juvenile records;
	50	+	41 <repeals statutes related to the expungement of juvenile records; and
	51	+	42 <makes technical and conforming changes.
	52	+	43Money Appropriated in this Bill:
	53	+	44 None
	54	+	45Other Special Clauses:
	55	+	46 This bill provides a special effective date.
	56	+	47Utah Code Sections Affected:
	57	+	48AMENDS:
	58	+	49 34-52-201, as last amended by Laws of Utah 2022, Chapter 447
	59	+	50 34-52-301, as enacted by Laws of Utah 2019, Chapter 371
	60	+	51 53E-3-516, as last amended by Laws of Utah 2022, Chapter 399
	61	+	52 53G-8-510, as renumbered and amended by Laws of Utah 2018, Chapter 3
	62	+	53 62A-5-308, as last amended by Laws of Utah 2021, Chapter 261
	63	+	54 77-38-14, as last amended by Laws of Utah 2021, Chapter 262
	64	+	55 78A-6-103, as last amended by Laws of Utah 2022, Chapters 155, 335
	65	+	56 78A-6-209, as last amended by Laws of Utah 2022, Chapters 335, 430 02-13-23 2:56 PM 2nd Sub. (Gray) H.B. 60
61	66		- 3 -
62		-	55 62A-5-308, as last amended by Laws of Utah 2021, Chapter 261
63		-	56 77-38-14, as last amended by Laws of Utah 2021, Chapter 262
64		-	57 78A-6-103, as last amended by Laws of Utah 2022, Chapters 155, 335
65		-	58 78A-6-209, as last amended by Laws of Utah 2022, Chapters 335, 430
66		-	59 78A-6-358, as renumbered and amended by Laws of Utah 2021, Chapter 261
67		-	60 78B-6-105, as last amended by Laws of Utah 2021, Chapter 261
68		-	61 80-6-1001, as renumbered and amended by Laws of Utah 2021, Chapter 261
69		-	62 80-6-1002, as last amended by Laws of Utah 2022, Chapter 334
70		-	63ENACTS:
71		-	64 80-6-1004.1, Utah Code Annotated 1953
72		-	65 80-6-1004.2, Utah Code Annotated 1953
73		-	66 80-6-1004.3, Utah Code Annotated 1953
74		-	67 80-6-1004.4, Utah Code Annotated 1953
75		-	68 80-6-1004.5, Utah Code Annotated 1953
76		-	69 80-6-1006.1, Utah Code Annotated 1953
77		-	70RENUMBERS AND AMENDS:
78		-	71 80-6-1001.1, (Renumbered from 80-6-1003, as enacted by Laws of Utah 2021, Chapter
79		-	72261)
80		-	73REPEALS:
81		-	74 80-6-1004, as last amended by Laws of Utah 2022, Chapter 334
82		-	75 80-6-1005, as renumbered and amended by Laws of Utah 2021, Chapter 261
83		-	76 80-6-1006, as renumbered and amended by Laws of Utah 2021, Chapter 261
84		-	77
85		-	78Be it enacted by the Legislature of the state of Utah:
86		-	79 Section 1. Section 34-52-201 is amended to read:
87		-	80 34-52-201. Public employer requirements.
88		-	81 (1) A public employer may not exclude an applicant from an initial interview because H.B. 60
89		-	Enrolled Copy
	67	+	57 78A-6-358, as renumbered and amended by Laws of Utah 2021, Chapter 261
	68	+	58 78B-6-105, as last amended by Laws of Utah 2021, Chapter 261
	69	+	59 80-6-1001, as renumbered and amended by Laws of Utah 2021, Chapter 261
	70	+	60 80-6-1002, as last amended by Laws of Utah 2022, Chapter 334
	71	+	61ENACTS:
	72	+	62 80-6-1004.1, Utah Code Annotated 1953
	73	+	63 80-6-1004.2, Utah Code Annotated 1953
	74	+	64 80-6-1004.3, Utah Code Annotated 1953
	75	+	65 80-6-1004.4, Utah Code Annotated 1953
	76	+	66 80-6-1004.5, Utah Code Annotated 1953
	77	+	67 80-6-1006.1, Utah Code Annotated 1953
	78	+	68RENUMBERS AND AMENDS:
	79	+	69 80-6-1001.1, (Renumbered from 80-6-1003, as enacted by Laws of Utah 2021, Chapter
	80	+	70261)
	81	+	71REPEALS:
	82	+	72 80-6-1004, as last amended by Laws of Utah 2022, Chapter 334
	83	+	73 80-6-1005, as renumbered and amended by Laws of Utah 2021, Chapter 261
	84	+	74 80-6-1006, as renumbered and amended by Laws of Utah 2021, Chapter 261
	85	+	75
	86	+	76Be it enacted by the Legislature of the state of Utah:
	87	+	77 Section 1. Section 34-52-201 is amended to read:
	88	+	78 34-52-201. Public employer requirements.
	89	+	79 (1) A public employer may not exclude an applicant from an initial interview because
	90	+	80of a past criminal conviction or juvenile delinquency adjudication.
	91	+	81 (2) A public employer excludes an applicant from an initial interview if the public
	92	+	82employer:
	93	+	83 (a) requires an applicant to disclose, on an employment application, a criminal
	94	+	84conviction or juvenile delinquency adjudication;
	95	+	85 (b) requires an applicant to disclose, before an initial interview, a criminal conviction
	96	+	86or juvenile delinquency adjudication; or
	97	+	87 (c) if no interview is conducted, requires an applicant to disclose, before making a 2nd Sub. (Gray) H.B. 60 02-16-23 10:44 AM
90	98		- 4 -
91		-	82of a past criminal conviction or juvenile delinquency adjudication.
92		-	83 (2) A public employer excludes an applicant from an initial interview if the public
93		-	84employer:
94		-	85 (a) requires an applicant to disclose, on an employment application, a criminal
95		-	86conviction or juvenile delinquency adjudication;
96		-	87 (b) requires an applicant to disclose, before an initial interview, a criminal conviction
97		-	88or juvenile delinquency adjudication; or
98		-	89 (c) if no interview is conducted, requires an applicant to disclose, before making a
99		-	90conditional offer of employment, a criminal conviction or juvenile delinquency adjudication.
100		-	91 (3) (a) A public employer may not make any inquiry related to an applicant's expunged
101		-	92criminal or juvenile delinquency history.
102		-	93 (b) An applicant seeking employment from a public employer may answer a question
103		-	94related to an expunged criminal or juvenile delinquency record as though the action underlying
104		-	95the expunged criminal or juvenile delinquency record never occurred.
105		-	96 (4) Subject to Subsections (1) through (3), nothing in this section prevents a public
106		-	97employer from:
107		-	98 (a) asking an applicant for information about an applicant's criminal conviction or
108		-	99juvenile delinquency history during an initial interview or after an initial interview; or
109		-	100 (b) considering an applicant's conviction or juvenile delinquency history when making
110		-	101a hiring decision.
111		-	102 (5) Subsections (1) through (3) do not apply:
112		-	103 (a) to an applicant with a criminal conviction if federal, state, or local law, including
113		-	104corresponding administrative rules, requires the consideration of [an] the applicant's criminal
114		-	105conviction history;
115		-	106 (b) to a public employer that is a law enforcement agency;
116		-	107 (c) to a public employer that is part of the criminal or juvenile justice system;
117		-	108 (d) to a public employer seeking a nonemployee volunteer;
118		-	109 (e) to a public employer that works with children or vulnerable adults; Enrolled Copy H.B. 60
	99	+	88conditional offer of employment, a criminal conviction or juvenile delinquency adjudication.
	100	+	89 (3) (a) A public employer may not make any inquiry related to an applicant's expunged
	101	+	90criminal or juvenile delinquency history.
	102	+	91 (b) An applicant seeking employment from a public employer may answer a question
	103	+	92related to an expunged criminal or juvenile delinquency record as though the action underlying
	104	+	93the expunged criminal or juvenile delinquency record never occurred.
	105	+	94 (4) Subject to Subsections (1) through (3), nothing in this section prevents a public
	106	+	95employer from:
	107	+	96 (a) asking an applicant for information about an applicant's criminal conviction or
	108	+	97juvenile delinquency history during an initial interview or after an initial interview; or
	109	+	98 (b) considering an applicant's conviction or juvenile delinquency history when making
	110	+	99a hiring decision.
	111	+	100 (5) Subsections (1) through (3) do not apply:
	112	+	101 (a) to an applicant with a criminal conviction if federal, state, or local law, including
	113	+	102corresponding administrative rules, requires the consideration of [an] the applicant's criminal
	114	+	103conviction history;
	115	+	104 (b) to a public employer that is a law enforcement agency;
	116	+	105 (c) to a public employer that is part of the criminal or juvenile justice system;
	117	+	106 (d) to a public employer seeking a nonemployee volunteer;
	118	+	107 (e) to a public employer that works with children or vulnerable adults;
	119	+	108 (f) to the Department of Alcoholic Beverage Services created in Section 32B-2-203;
	120	+	109 (g) to the State Tax Commission;
	121	+	110 (h) to a public employer whose primary purpose is performing financial or fiduciary
	122	+	111functions; and
	123	+	112 (i) to a public transit district hiring or promoting an individual for a safety sensitive
	124	+	113position described in Section 17B-2a-825.
	125	+	114 Section 2. Section 34-52-301 is amended to read:
	126	+	115 34-52-301. Permitted applicant response regarding expunged criminal or juvenile
	127	+	116delinquency history.
	128	+	117 An applicant seeking employment from a private employer may answer a question
	129	+	118related to an expunged criminal or juvenile delinquency record as though the action underlying 02-13-23 2:56 PM 2nd Sub. (Gray) H.B. 60
119	130		- 5 -
120		-	110 (f) to the Department of Alcoholic Beverage Services created in Section 32B-2-203;
121		-	111 (g) to the State Tax Commission;
122		-	112 (h) to a public employer whose primary purpose is performing financial or fiduciary
123		-	113functions; and
124		-	114 (i) to a public transit district hiring or promoting an individual for a safety sensitive
125		-	115position described in Section 17B-2a-825.
126		-	116 Section 2. Section 34-52-301 is amended to read:
127		-	117 34-52-301. Permitted applicant response regarding expunged criminal or juvenile
128		-	118delinquency history.
129		-	119 An applicant seeking employment from a private employer may answer a question
130		-	120related to an expunged criminal or juvenile delinquency record as though the action underlying
131		-	121the expunged criminal or juvenile delinquency record never occurred.
132		-	122 Section 3. Section 53E-3-516 is amended to read:
133		-	123 53E-3-516. School disciplinary and law enforcement action report -- Rulemaking
134		-	124authority.
135		-	125 (1) As used in this section:
136		-	126 (a) "Dangerous weapon" means the same as that term is defined in Section 53G-8-510.
137		-	127 [(a)] (b) "Disciplinary action" means an action by a public school meant to formally
138		-	128discipline a student of that public school that includes a suspension or expulsion.
139		-	129 [(b)] (c) "Law enforcement agency" means the same as that term is defined in Section
140		-	13077-7a-103.
141		-	131 [(c)] (d) "Minor" means the same as that term is defined in Section [53G-6-201]
142		-	13280-1-102.
143		-	133 [(d)] (e) "Other law enforcement activity" means a significant law enforcement
144		-	134interaction with a minor that does not result in an arrest, including:
145		-	135 (i) a search and seizure by an SRO;
146		-	136 (ii) issuance of a criminal citation;
147		-	137 (iii) issuance of a ticket or summons; H.B. 60
148		-	Enrolled Copy
	131	+	119the expunged criminal or juvenile delinquency record never occurred.
	132	+	120 Section 3. Section 53E-3-516 is amended to read:
	133	+	121 53E-3-516. School disciplinary and law enforcement action report -- Rulemaking
	134	+	122authority.
	135	+	123 (1) As used in this section:
	136	+	124 (a) "Dangerous weapon" means the same as that term is defined in Section 53G-8-510.
	137	+	125 [(a)] (b) "Disciplinary action" means an action by a public school meant to formally
	138	+	126discipline a student of that public school that includes a suspension or expulsion.
	139	+	127 [(b)] (c) "Law enforcement agency" means the same as that term is defined in Section
	140	+	12877-7a-103.
	141	+	129 [(c)] (d) "Minor" means the same as that term is defined in Section [53G-6-201]
	142	+	13080-1-102.
	143	+	131 [(d)] (e) "Other law enforcement activity" means a significant law enforcement
	144	+	132interaction with a minor that does not result in an arrest, including:
	145	+	133 (i) a search and seizure by an SRO;
	146	+	134 (ii) issuance of a criminal citation;
	147	+	135 (iii) issuance of a ticket or summons;
	148	+	136 (iv) filing a delinquency petition; or
	149	+	137 (v) referral to a probation officer.
	150	+	138 [(e)] (f) "School is in session" means the hours of a day during which a public school
	151	+	139conducts instruction for which student attendance is counted toward calculating average daily
	152	+	140membership.
	153	+	141 [(f)] (g) (i) "School-sponsored activity" means an activity, fundraising event, club,
	154	+	142camp, clinic, or other event or activity that is authorized by a specific public school, according
	155	+	143to LEA governing board policy, and satisfies at least one of the following conditions:
	156	+	144 (A) the activity is managed or supervised by a school district, public school, or public
	157	+	145school employee;
	158	+	146 (B) the activity uses the school district or public school facilities, equipment, or other
	159	+	147school resources; or
	160	+	148 (C) the activity is supported or subsidized, more than inconsequentially, by public
	161	+	149funds, including the public school's activity funds or Minimum School Program dollars. 2nd Sub. (Gray) H.B. 60 02-16-23 10:44 AM
149	162		- 6 -
150		-	138 (iv) filing a delinquency petition; or
151		-	139 (v) referral to a probation officer.
152		-	140 [(e)] (f) "School is in session" means the hours of a day during which a public school
153		-	141conducts instruction for which student attendance is counted toward calculating average daily
154		-	142membership.
155		-	143 [(f)] (g) (i) "School-sponsored activity" means an activity, fundraising event, club,
156		-	144camp, clinic, or other event or activity that is authorized by a specific public school, according
157		-	145to LEA governing board policy, and satisfies at least one of the following conditions:
158		-	146 (A) the activity is managed or supervised by a school district, public school, or public
159		-	147school employee;
160		-	148 (B) the activity uses the school district or public school facilities, equipment, or other
161		-	149school resources; or
162		-	150 (C) the activity is supported or subsidized, more than inconsequentially, by public
163		-	151funds, including the public school's activity funds or Minimum School Program dollars.
164		-	152 (ii) "School-sponsored activity" includes preparation for and involvement in a public
165		-	153performance, contest, athletic competition, demonstration, display, or club activity.
166		-	154 [(g)] (h) "[Student] School resource officer" or "SRO" means the same as that term is
167		-	155defined in Section 53G-8-701.
168		-	156 (2) Beginning on July 1, 2023, the state board shall develop an annual report regarding
169		-	157the following incidents that occur on school grounds while school is in session or during a
170		-	158school-sponsored activity:
171		-	159 (a) arrests of a minor;
172		-	160 (b) other law enforcement activities; [and]
173		-	161 (c) disciplinary actions[.]; and
174		-	162 (d) minors found in possession of a dangerous weapon.
175		-	163 (3) Pursuant to state and federal law, law enforcement agencies shall collaborate with
176		-	164the state board and LEAs to provide and validate data and information necessary to complete
177		-	165the report described in Subsection (2), as requested by an LEA or the state board. Enrolled Copy H.B. 60
	163	+	150 (ii) "School-sponsored activity" includes preparation for and involvement in a public
	164	+	151performance, contest, athletic competition, demonstration, display, or club activity.
	165	+	152 [(g)] (h) "[Student] School resource officer" or "SRO" means the same as that term is
	166	+	153defined in Section 53G-8-701.
	167	+	154 (2) Beginning on July 1, 2023, the state board shall develop an annual report regarding
	168	+	155the following incidents that occur on school grounds while school is in session or during a
	169	+	156school-sponsored activity:
	170	+	157 (a) arrests of a minor;
	171	+	158 (b) other law enforcement activities; [and]
	172	+	159 (c) disciplinary actions[.]; and
	173	+	160 (d) minors found in possession of a dangerous weapon.
	174	+	161 (3) Pursuant to state and federal law, law enforcement agencies shall collaborate with
	175	+	162the state board and LEAs to provide and validate data and information necessary to complete
	176	+	163the report described in Subsection (2), as requested by an LEA or the state board.
	177	+	164 (4) The report described in Subsection (2) shall include the following information
	178	+	165listed separately for each LEA:
	179	+	166 (a) the number of arrests of a minor, including the reason why the minor was arrested;
	180	+	167 (b) the number of other law enforcement activities, including the following information
	181	+	168for each incident:
	182	+	169 (i) the reason for the other law enforcement activity; and
	183	+	170 (ii) the type of other law enforcement activity used;
	184	+	171 (c) the number of disciplinary actions imposed, including:
	185	+	172 (i) the reason for the disciplinary action; and
	186	+	173 (ii) the type of disciplinary action;
	187	+	174 (d) the number of SROs employed; [and]
	188	+	175 (e) if applicable, the demographics of an individual who is subject to, as the following
	189	+	176are defined in Section 53G-9-601, bullying, hazing, cyber-bullying, or retaliation[.]; and
	190	+	177 (f) the number of minors found in possession of a dangerous weapon on school
	191	+	178grounds while school is in session or during a school-sponsored activity.
	192	+	179 (5) The report described in Subsection (2) shall include the following information, in
	193	+	180aggregate, for each element described in Subsections (4)(a) through (c): 02-13-23 2:56 PM 2nd Sub. (Gray) H.B. 60
178	194		- 7 -
179		-	166 (4) The report described in Subsection (2) shall include the following information
180		-	167listed separately for each LEA:
181		-	168 (a) the number of arrests of a minor, including the reason why the minor was arrested;
182		-	169 (b) the number of other law enforcement activities, including the following information
183		-	170for each incident:
184		-	171 (i) the reason for the other law enforcement activity; and
185		-	172 (ii) the type of other law enforcement activity used;
186		-	173 (c) the number of disciplinary actions imposed, including:
187		-	174 (i) the reason for the disciplinary action; and
188		-	175 (ii) the type of disciplinary action;
189		-	176 (d) the number of SROs employed; [and]
190		-	177 (e) if applicable, the demographics of an individual who is subject to, as the following
191		-	178are defined in Section 53G-9-601, bullying, hazing, cyber-bullying, or retaliation[.]; and
192		-	179 (f) the number of minors found in possession of a dangerous weapon on school
193		-	180grounds while school is in session or during a school-sponsored activity.
194		-	181 (5) The report described in Subsection (2) shall include the following information, in
195		-	182aggregate, for each element described in Subsections (4)(a) through (c):
196		-	183 (a) age;
197		-	184 (b) grade level;
198		-	185 (c) race;
199		-	186 (d) sex; and
200		-	187 (e) disability status.
201		-	188 (6) Information included in the annual report described in Subsection (2) shall comply
202		-	189with:
203		-	190 (a) Chapter 9, Part 3, Student Data Protection;
204		-	191 (b) Chapter 9, Part 2, Student Privacy; and
205		-	192 (c) the Family Education Rights and Privacy Act, 20 U.S.C. Secs. 1232g and 1232h.
206		-	193 (7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the H.B. 60
207		-	Enrolled Copy
	195	+	181 (a) age;
	196	+	182 (b) grade level;
	197	+	183 (c) race;
	198	+	184 (d) sex; and
	199	+	185 (e) disability status.
	200	+	186 (6) Information included in the annual report described in Subsection (2) shall comply
	201	+	187with:
	202	+	188 (a) Chapter 9, Part 3, Student Data Protection;
	203	+	189 (b) Chapter 9, Part 2, Student Privacy; and
	204	+	190 (c) the Family Education Rights and Privacy Act, 20 U.S.C. Secs. 1232g and 1232h.
	205	+	191 (7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
	206	+	192state board shall make rules to compile the report described in Subsection (2).
	207	+	193 (8) The state board shall provide the report described in Subsection (2) in accordance
	208	+	194with Section 53E-1-203 for incidents that occurred during the previous school year.
	209	+	195 Section 4. Section 53G-8-510 is amended to read:
	210	+	196 53G-8-510. Notification of dangerous weapons on school grounds -- Immunity
	211	+	197from civil and criminal liability.
	212	+	198 (1) As used in this section:
	213	+	199 (a) "Dangerous weapon" means a firearm or an object that in the manner of the object's
	214	+	200use or intended use is capable of causing death or serious bodily injury to an individual.
	215	+	201 (b) "Minor" means the same as that term is defined in Section 80-1-102.
	216	+	202 (c) "School employee" means an individual working in the individual's capacity as:
	217	+	203 (i) a school teacher;
	218	+	204 (ii) a school staff member;
	219	+	205 (iii) a school administrator; or
	220	+	206 (iv) an individual:
	221	+	207 (A) who is employed, directly or indirectly, by a school, an LEA governing board, or a
	222	+	208school district; and
	223	+	209 (B) who works on a school campus.
	224	+	210 (d) "School is in session" means the same as that term is defined in Section 53E-3-516.
	225	+	211 (e) "School-sponsored activity" means the same as that term is defined in Section 2nd Sub. (Gray) H.B. 60 02-16-23 10:44 AM
208	226		- 8 -
209		-	194state board shall make rules to compile the report described in Subsection (2).
210		-	195 (8) The state board shall provide the report described in Subsection (2) in accordance
211		-	196with Section 53E-1-203 for incidents that occurred during the previous school year.
212		-	197 Section 4. Section 53G-8-510 is amended to read:
213		-	198 53G-8-510. Notification of dangerous weapons on school grounds -- Immunity
214		-	199from civil and criminal liability.
215		-	200 (1) As used in this section:
216		-	201 (a) "Dangerous weapon" means a firearm or an object that in the manner of the object's
217		-	202use or intended use is capable of causing death or serious bodily injury to an individual.
218		-	203 (b) "Minor" means the same as that term is defined in Section 80-1-102.
219		-	204 (c) "School employee" means an individual working in the individual's capacity as:
220		-	205 (i) a school teacher;
221		-	206 (ii) a school staff member;
222		-	207 (iii) a school administrator; or
223		-	208 (iv) an individual:
224		-	209 (A) who is employed, directly or indirectly, by a school, an LEA governing board, or a
225		-	210school district; and
226		-	211 (B) who works on a school campus.
227		-	212 (d) "School is in session" means the same as that term is defined in Section 53E-3-516.
228		-	213 (e) "School-sponsored activity" means the same as that term is defined in Section
229		-	21453E-3-516.
230		-	215 (2) If a minor is found on school grounds when school is in session or at a
231		-	216school-sponsored activity in possession of a dangerous weapon and that information is reported
232		-	217to, or known by, a school employee, the school employee shall notify the principal.
233		-	218 (3) After receiving a notification under Subsection (2), the principal shall notify:
234		-	219 (a) a law enforcement officer or agency; and
235		-	220 (b) school or district personnel if the principal determines that school or district
236		-	221personnel should be informed. Enrolled Copy H.B. 60
	227	+	21253E-3-516.
	228	+	213 (2) If a minor is found on school grounds when school is in session or at a
	229	+	214school-sponsored activity in possession of a dangerous weapon and that information is reported
	230	+	215to, or known by, a school employee, the school employee shall notify the principal.
	231	+	216 (3) After receiving a notification under Subsection (2), the principal shall notify:
	232	+	217 (a) a law enforcement officer or agency; and
	233	+	218 (b) school or district personnel if the principal determines that school or district
	234	+	219personnel should be informed.
	235	+	220 [(1) Whenever a student is found on school property during school hours or at a
	236	+	221school-sponsored activity in possession of a dangerous weapon and that information is reported
	237	+	222to or known by the principal, the principal shall notify law enforcement personnel and school
	238	+	223or district personnel who, in the opinion of the principal, should be informed.]
	239	+	224 [(2)] (4) A person who in good faith reports information under Subsection [(1)] (2) or
	240	+	225(3) and any person who receives the information is immune from any liability, civil or criminal,
	241	+	226that might otherwise result from the reporting or receipt of the information.
	242	+	227 Section 5. Section 62A-5-308 is amended to read:
	243	+	228 62A-5-308. Commitment -- Individual who is under 18 years old.
	244	+	229 (1) The director of the division, or the director's designee, may commit an individual
	245	+	230under 18 years old who has an intellectual disability or symptoms of an intellectual disability,
	246	+	231to the division for observation, diagnosis, care, and treatment if that commitment is based on:
	247	+	232 (a) an emergency commitment in accordance with Section 62A-5-311; or
	248	+	233 (b) involuntary commitment in accordance with Section 62A-5-312.
	249	+	234 (2) A proceeding for involuntary commitment under Subsection (1)(a) may be
	250	+	235commenced by filing a written petition with the juvenile court under Section 62A-5-312.
	251	+	236 (3) (a) A juvenile court has jurisdiction over the proceeding under Subsection (2) as
	252	+	237described in Subsection [78A-6-103(2)(f)] 78A-6-103(2)(a)(vi).
	253	+	238 (b) A juvenile court shall proceed with the written petition in the same manner and
	254	+	239with the same authority as the district court.
	255	+	240 (4) If an individual who is under 18 years old is committed to the custody of the Utah
	256	+	241State Developmental Center by the juvenile court, the director or the director's designee shall
	257	+	242give the juvenile court written notice of the intention to release the individual not fewer than 02-13-23 2:56 PM 2nd Sub. (Gray) H.B. 60
237	258		- 9 -
238		-	222 [(1) Whenever a student is found on school property during school hours or at a
239		-	223school-sponsored activity in possession of a dangerous weapon and that information is reported
240		-	224to or known by the principal, the principal shall notify law enforcement personnel and school
241		-	225or district personnel who, in the opinion of the principal, should be informed.]
242		-	226 [(2)] (4) A person who in good faith reports information under Subsection [(1)] (2) or
243		-	227(3) and any person who receives the information is immune from any liability, civil or criminal,
244		-	228that might otherwise result from the reporting or receipt of the information.
245		-	229 Section 5. Section 62A-5-308 is amended to read:
246		-	230 62A-5-308. Commitment -- Individual who is under 18 years old.
247		-	231 (1) The director of the division, or the director's designee, may commit an individual
248		-	232under 18 years old who has an intellectual disability or symptoms of an intellectual disability,
249		-	233to the division for observation, diagnosis, care, and treatment if that commitment is based on:
250		-	234 (a) an emergency commitment in accordance with Section 62A-5-311; or
251		-	235 (b) involuntary commitment in accordance with Section 62A-5-312.
252		-	236 (2) A proceeding for involuntary commitment under Subsection (1)(a) may be
253		-	237commenced by filing a written petition with the juvenile court under Section 62A-5-312.
254		-	238 (3) (a) A juvenile court has jurisdiction over the proceeding under Subsection (2) as
255		-	239described in Subsection [78A-6-103(2)(f)] 78A-6-103(2)(a)(vi).
256		-	240 (b) A juvenile court shall proceed with the written petition in the same manner and
257		-	241with the same authority as the district court.
258		-	242 (4) If an individual who is under 18 years old is committed to the custody of the Utah
259		-	243State Developmental Center by the juvenile court, the director or the director's designee shall
260		-	244give the juvenile court written notice of the intention to release the individual not fewer than
261		-	245five days before the day on which the individual is released.
262		-	246 Section 6. Section 77-38-14 is amended to read:
263		-	247 77-38-14. Notice of expungement petition -- Victim's right to object.
264		-	248 (1) (a) The Department of Corrections or the Juvenile Probation Department shall
265		-	249prepare a document explaining the right of a victim or a victim's representative to object to a H.B. 60
266		-	Enrolled Copy
	259	+	243five days before the day on which the individual is released.
	260	+	244 Section 6. Section 77-38-14 is amended to read:
	261	+	245 77-38-14. Notice of expungement petition -- Victim's right to object.
	262	+	246 (1) (a) The Department of Corrections or the Juvenile Probation Department shall
	263	+	247prepare a document explaining the right of a victim or a victim's representative to object to a
	264	+	248petition for expungement under Section 77-40a-305 or 80-6-1004 and the procedures for
	265	+	249obtaining notice of the petition.
	266	+	250 (b) The department or division shall provide each trial court a copy of the document
	267	+	251that has jurisdiction over delinquencies or criminal offenses subject to expungement.
	268	+	252 (2) The prosecuting attorney in any case leading to a conviction, a charge dismissed in
	269	+	253accordance with a plea in abeyance agreement, or an adjudication subject to expungement,
	270	+	254shall provide a copy of the document to each person who would be entitled to notice of a
	271	+	255petition for expungement under Sections 77-40a-305 and [80-6-1004] 80-6-1004.1.
	272	+	256 Section 7. Section 78A-6-103 is amended to read:
	273	+	257 78A-6-103. Original jurisdiction of the juvenile court -- Magistrate functions --
	274	+	258Findings -- Transfer of a case from another court.
	275	+	259 (1) Except as otherwise provided by Sections 78A-5-102.5 and 78A-7-106, the juvenile
	276	+	260court has original jurisdiction over:
	277	+	261 (a) a felony, misdemeanor, infraction, or violation of an ordinance, under municipal,
	278	+	262state, or federal law, that was committed by a child;
	279	+	263 (b) a felony, misdemeanor, infraction, or violation of an ordinance, under municipal,
	280	+	264state, or federal law, that was committed by an individual:
	281	+	265 (i) who is under 21 years old at the time of all court proceedings; and
	282	+	266 (ii) who was under 18 years old at the time the offense was committed; and
	283	+	267 (c) a misdemeanor, infraction, or violation of an ordinance, under municipal or state
	284	+	268law, that was committed:
	285	+	269 (i) by an individual:
	286	+	270 (A) who was 18 years old and enrolled in high school at the time of the offense; and
	287	+	271 (B) who is under 21 years old at the time of all court proceedings; and
	288	+	272 (ii) on school property where the individual was enrolled:
	289	+	273 (A) when school was in session; or 2nd Sub. (Gray) H.B. 60 02-16-23 10:44 AM
267	290		- 10 -
268		-	250petition for expungement under Section 77-40a-305 or [80-6-1004] 80-6-1004.1 and the
269		-	251procedures for obtaining notice of the petition.
270		-	252 (b) The department or division shall provide each trial court a copy of the document
271		-	253that has jurisdiction over delinquencies or criminal offenses subject to expungement.
272		-	254 (2) The prosecuting attorney in any case leading to a conviction, a charge dismissed in
273		-	255accordance with a plea in abeyance agreement, or an adjudication subject to expungement,
274		-	256shall provide a copy of the document to each person who would be entitled to notice of a
275		-	257petition for expungement under Sections 77-40a-305 and [80-6-1004] 80-6-1004.1.
276		-	258 Section 7. Section 78A-6-103 is amended to read:
277		-	259 78A-6-103. Original jurisdiction of the juvenile court -- Magistrate functions --
278		-	260Findings -- Transfer of a case from another court.
279		-	261 (1) Except as otherwise provided by Sections 78A-5-102.5 and 78A-7-106, the juvenile
280		-	262court has original jurisdiction over:
281		-	263 (a) a felony, misdemeanor, infraction, or violation of an ordinance, under municipal,
282		-	264state, or federal law, that was committed by a child;
283		-	265 (b) a felony, misdemeanor, infraction, or violation of an ordinance, under municipal,
284		-	266state, or federal law, that was committed by an individual:
285		-	267 (i) who is under 21 years old at the time of all court proceedings; and
286		-	268 (ii) who was under 18 years old at the time the offense was committed; and
287		-	269 (c) a misdemeanor, infraction, or violation of an ordinance, under municipal or state
288		-	270law, that was committed:
289		-	271 (i) by an individual:
290		-	272 (A) who was 18 years old and enrolled in high school at the time of the offense; and
291		-	273 (B) who is under 21 years old at the time of all court proceedings; and
292		-	274 (ii) on school property where the individual was enrolled:
293		-	275 (A) when school was in session; or
294		-	276 (B) during a school-sponsored activity, as defined in Subsection 53G-8-211(1)(k).
295		-	277 (2) The juvenile court has original jurisdiction over: Enrolled Copy H.B. 60
	291	+	274 (B) during a school-sponsored activity, as defined in Subsection 53G-8-211(1)(k).
	292	+	275 (2) The juvenile court has original jurisdiction over:
	293	+	276 (a) any proceeding concerning:
	294	+	277 [(a)] (i) a child who is an abused child, neglected child, or dependent child;
	295	+	278 [(b)] (ii) a protective order for a child in accordance with Title 78B, Chapter 7, Part 2,
	296	+	279Child Protective Orders;
	297	+	280 [(c)] (iii) the appointment of a guardian of the individual or other guardian of a minor
	298	+	281who comes within the court's jurisdiction under other provisions of this section;
	299	+	282 [(d)] (iv) the emancipation of a minor in accordance with Title 80, Chapter 7,
	300	+	283Emancipation;
	301	+	284 [(e)] (v) the termination of parental rights in accordance with Title 80, Chapter 4,
	302	+	285Termination and Restoration of Parental Rights, including termination of residual parental
	303	+	286rights and duties;
	304	+	287 [(f)] (vi) the treatment or commitment of a minor who has an intellectual disability;
	305	+	288 [(g)] (vii) the judicial consent to the marriage of a minor who is 16 or 17 years old in
	306	+	289accordance with Section 30-1-9;
	307	+	290 [(h)] (viii) an order for a parent or a guardian of a child under Subsection 80-6-705(3);
	308	+	291 [(i)] (ix) a minor under Title 80, Chapter 6, Part 11, Interstate Compact for Juveniles;
	309	+	292 [(j)] (x) the treatment or commitment of a child with a mental illness;
	310	+	293 [(k)] (xi) the commitment of a child to a secure drug or alcohol facility in accordance
	311	+	294with Section 62A-15-301;
	312	+	295 [(l)] (xii) a minor found not competent to proceed in accordance with Title 80, Chapter
	313	+	2966, Part 4, Competency;
	314	+	297 [(m)] (xiii) de novo review of final agency actions resulting from an informal
	315	+	298adjudicative proceeding as provided in Section 63G-4-402;
	316	+	299 [(n)] (xiv) adoptions conducted in accordance with the procedures described in Title
	317	+	30078B, Chapter 6, Part 1, Utah Adoption Act, if the juvenile court has previously entered an order
	318	+	301terminating the rights of a parent and finds that adoption is in the best interest of the child;
	319	+	302 [(o)] (xv) an ungovernable or runaway child who is referred to the juvenile court by the
	320	+	303Division of Juvenile Justice Services if, despite earnest and persistent efforts by the Division of
	321	+	304Juvenile Justice Services, the child has demonstrated that the child: 02-13-23 2:56 PM 2nd Sub. (Gray) H.B. 60
296	322		- 11 -
297		-	278 (a) any proceeding concerning:
298		-	279 [(a)] (i) a child who is an abused child, neglected child, or dependent child;
299		-	280 [(b)] (ii) a protective order for a child in accordance with Title 78B, Chapter 7, Part 2,
300		-	281Child Protective Orders;
301		-	282 [(c)] (iii) the appointment of a guardian of the individual or other guardian of a minor
302		-	283who comes within the court's jurisdiction under other provisions of this section;
303		-	284 [(d)] (iv) the emancipation of a minor in accordance with Title 80, Chapter 7,
304		-	285Emancipation;
305		-	286 [(e)] (v) the termination of parental rights in accordance with Title 80, Chapter 4,
306		-	287Termination and Restoration of Parental Rights, including termination of residual parental
307		-	288rights and duties;
308		-	289 [(f)] (vi) the treatment or commitment of a minor who has an intellectual disability;
309		-	290 [(g)] (vii) the judicial consent to the marriage of a minor who is 16 or 17 years old in
310		-	291accordance with Section 30-1-9;
311		-	292 [(h)] (viii) an order for a parent or a guardian of a child under Subsection 80-6-705(3);
312		-	293 [(i)] (ix) a minor under Title 80, Chapter 6, Part 11, Interstate Compact for Juveniles;
313		-	294 [(j)] (x) the treatment or commitment of a child with a mental illness;
314		-	295 [(k)] (xi) the commitment of a child to a secure drug or alcohol facility in accordance
315		-	296with Section 62A-15-301;
316		-	297 [(l)] (xii) a minor found not competent to proceed in accordance with Title 80, Chapter
317		-	2986, Part 4, Competency;
318		-	299 [(m)] (xiii) de novo review of final agency actions resulting from an informal
319		-	300adjudicative proceeding as provided in Section 63G-4-402;
320		-	301 [(n)] (xiv) adoptions conducted in accordance with the procedures described in Title
321		-	30278B, Chapter 6, Part 1, Utah Adoption Act, if the juvenile court has previously entered an order
322		-	303terminating the rights of a parent and finds that adoption is in the best interest of the child;
323		-	304 [(o)] (xv) an ungovernable or runaway child who is referred to the juvenile court by the
324		-	305Division of Juvenile Justice Services if, despite earnest and persistent efforts by the Division of H.B. 60
325		-	Enrolled Copy
	323	+	305 [(i)] (A) is beyond the control of the child's parent, guardian, or custodian to the extent
	324	+	306that the child's behavior or condition endangers the child's own welfare or the welfare of others;
	325	+	307or
	326	+	308 [(ii)] (B) has run away from home; and
	327	+	309 [(p)] (xvi) a criminal information filed under Part 4a, Adult Criminal Proceedings, for
	328	+	310an adult alleged to have committed an offense under Subsection 78A-6-352(4)(b) for failure to
	329	+	311comply with a promise to appear and bring a child to the juvenile court[.];
	330	+	312 (b) a petition for expungement under Title 80, Chapter 6, Part 10, Juvenile Records and
	331	+	313Expungement; and
	332	+	314 (c) the extension of a nonjudicial adjustment under Section 80-6-304.
	333	+	315 (3) It is not necessary for a minor to be adjudicated for an offense or violation of the
	334	+	316law under Section 80-6-701[,] for the juvenile court to exercise jurisdiction under Subsection
	335	+	317[(2)(p)] (2)(a)(xvi), (b), or (c).
	336	+	318 (4) This section does not restrict the right of access to the juvenile court by private
	337	+	319agencies or other persons.
	338	+	320 (5) The juvenile court has jurisdiction of all magistrate functions relative to cases
	339	+	321arising under Title 80, Chapter 6, Part 5, Transfer to District Court.
	340	+	322 (6) The juvenile court has jurisdiction to make a finding of substantiated,
	341	+	323unsubstantiated, or without merit, in accordance with Section 80-3-404.
	342	+	324 (7) The juvenile court has jurisdiction over matters transferred to the juvenile court by
	343	+	325another trial court in accordance with Subsection 78A-7-106(4) and Section 80-6-303.
	344	+	326 Section 8. Section 78A-6-209 is amended to read:
	345	+	327 78A-6-209. Court records -- Inspection.
	346	+	328 (1) The juvenile court and the juvenile court's probation department shall keep records
	347	+	329as required by the board and the presiding judge.
	348	+	330 (2) A court record shall be open to inspection by:
	349	+	331 (a) the parents or guardian of a child, a minor who is at least 18 years old, other parties
	350	+	332in the case, the attorneys, and agencies to which custody of a minor has been transferred;
	351	+	333 (b) for information relating to adult offenders alleged to have committed a sexual
	352	+	334offense, a felony or class A misdemeanor drug offense, or an offense against the person under
	353	+	335Title 76, Chapter 5, Offenses Against the Individual, the State Board of Education for the 2nd Sub. (Gray) H.B. 60 02-16-23 10:44 AM
326	354		- 12 -
327		-	306Juvenile Justice Services, the child has demonstrated that the child:
328		-	307 [(i)] (A) is beyond the control of the child's parent, guardian, or custodian to the extent
329		-	308that the child's behavior or condition endangers the child's own welfare or the welfare of others;
330		-	309or
331		-	310 [(ii)] (B) has run away from home; and
332		-	311 [(p)] (xvi) a criminal information filed under Part 4a, Adult Criminal Proceedings, for
333		-	312an adult alleged to have committed an offense under Subsection 78A-6-352(4)(b) for failure to
334		-	313comply with a promise to appear and bring a child to the juvenile court[.];
335		-	314 (b) a petition for expungement under Title 80, Chapter 6, Part 10, Juvenile Records and
336		-	315Expungement; and
337		-	316 (c) the extension of a nonjudicial adjustment under Section 80-6-304.
338		-	317 (3) It is not necessary for a minor to be adjudicated for an offense or violation of the
339		-	318law under Section 80-6-701[,] for the juvenile court to exercise jurisdiction under Subsection
340		-	319[(2)(p)] (2)(a)(xvi), (b), or (c).
341		-	320 (4) This section does not restrict the right of access to the juvenile court by private
342		-	321agencies or other persons.
343		-	322 (5) The juvenile court has jurisdiction of all magistrate functions relative to cases
344		-	323arising under Title 80, Chapter 6, Part 5, Transfer to District Court.
345		-	324 (6) The juvenile court has jurisdiction to make a finding of substantiated,
346		-	325unsubstantiated, or without merit, in accordance with Section 80-3-404.
347		-	326 (7) The juvenile court has jurisdiction over matters transferred to the juvenile court by
348		-	327another trial court in accordance with Subsection 78A-7-106(4) and Section 80-6-303.
349		-	328 Section 8. Section 78A-6-209 is amended to read:
350		-	329 78A-6-209. Court records -- Inspection.
351		-	330 (1) The juvenile court and the juvenile court's probation department shall keep records
352		-	331as required by the board and the presiding judge.
353		-	332 (2) A court record shall be open to inspection by:
354		-	333 (a) the parents or guardian of a child, a minor who is at least 18 years old, other parties Enrolled Copy H.B. 60
	355	+	336purpose of evaluating whether an individual should be permitted to obtain or retain a license as
	356	+	337an educator or serve as an employee or volunteer in a school, with the understanding that the
	357	+	338State Board of Education must provide the individual with an opportunity to respond to any
	358	+	339information gathered from the State Board of Education's inspection of the records before the
	359	+	340State Board of Education makes a decision concerning licensure or employment;
	360	+	341 (c) the Criminal Investigations and Technical Services Division, established in Section
	361	+	34253-10-103, for the purpose of a criminal history background check for the purchase of a firearm
	362	+	343and establishing good character for issuance of a concealed firearm permit as provided in
	363	+	344Section 53-5-704;
	364	+	345 (d) the Division of Child and Family Services for the purpose of Child Protective
	365	+	346Services Investigations in accordance with Sections 80-2-602 and 80-2-701 and administrative
	366	+	347hearings in accordance with Section 80-2-707;
	367	+	348 (e) the Office of Licensing for the purpose of conducting a background check in
	368	+	349accordance with Section 62A-2-120;
	369	+	350 (f) for information related to a minor who has committed a sexual offense, a felony, or
	370	+	351an offense that if committed by an adult would be a misdemeanor, the Department of Health
	371	+	352for the purpose of evaluating under the provisions of Subsection 26-39-404(3) whether a
	372	+	353licensee should be permitted to obtain or retain a license to provide child care, with the
	373	+	354understanding that the department must provide the individual who committed the offense with
	374	+	355an opportunity to respond to any information gathered from the Department of Health's
	375	+	356inspection of records before the Department of Health makes a decision concerning licensure;
	376	+	357 (g) for information related to a minor who has committed a sexual offense, a felony, or
	377	+	358an offense that if committed by an adult would be a misdemeanor, the Department of Health to
	378	+	359determine whether an individual meets the background screening requirements of Title 26,
	379	+	360Chapter 21, Part 2, Clearance for Direct Patient Access, with the understanding that the
	380	+	361department must provide the individual who committed the offense an opportunity to respond
	381	+	362to any information gathered from the Department of Health's inspection of records before the
	382	+	363Department of Health makes a decision under that part; and
	383	+	364 (h) for information related to a minor who has committed a sexual offense, a felony, or
	384	+	365an offense that if committed by an adult would be a misdemeanor, the Department of Health to
	385	+	366determine whether to grant, deny, or revoke background clearance under Section 26-8a-310 for 02-13-23 2:56 PM 2nd Sub. (Gray) H.B. 60
355	386		- 13 -
356		-	334in the case, the attorneys, and agencies to which custody of a minor has been transferred;
357		-	335 (b) for information relating to adult offenders alleged to have committed a sexual
358		-	336offense, a felony or class A misdemeanor drug offense, or an offense against the person under
359		-	337Title 76, Chapter 5, Offenses Against the Individual, the State Board of Education for the
360		-	338purpose of evaluating whether an individual should be permitted to obtain or retain a license as
361		-	339an educator or serve as an employee or volunteer in a school, with the understanding that the
362		-	340State Board of Education must provide the individual with an opportunity to respond to any
363		-	341information gathered from the State Board of Education's inspection of the records before the
364		-	342State Board of Education makes a decision concerning licensure or employment;
365		-	343 (c) the Criminal Investigations and Technical Services Division, established in Section
366		-	34453-10-103, for the purpose of a criminal history background check for the purchase of a firearm
367		-	345and establishing good character for issuance of a concealed firearm permit as provided in
368		-	346Section 53-5-704;
369		-	347 (d) the Division of Child and Family Services for the purpose of Child Protective
370		-	348Services Investigations in accordance with Sections 80-2-602 and 80-2-701 and administrative
371		-	349hearings in accordance with Section 80-2-707;
372		-	350 (e) the Office of Licensing for the purpose of conducting a background check in
373		-	351accordance with Section 62A-2-120;
374		-	352 (f) for information related to a minor who has committed a sexual offense, a felony, or
375		-	353an offense that if committed by an adult would be a misdemeanor, the Department of Health
376		-	354for the purpose of evaluating under the provisions of Subsection 26-39-404(3) whether a
377		-	355licensee should be permitted to obtain or retain a license to provide child care, with the
378		-	356understanding that the department must provide the individual who committed the offense with
379		-	357an opportunity to respond to any information gathered from the Department of Health's
380		-	358inspection of records before the Department of Health makes a decision concerning licensure;
381		-	359 (g) for information related to a minor who has committed a sexual offense, a felony, or
382		-	360an offense that if committed by an adult would be a misdemeanor, the Department of Health to
383		-	361determine whether an individual meets the background screening requirements of Title 26, H.B. 60
384		-	Enrolled Copy
	387	+	367an individual who is seeking or who has obtained an emergency medical service personnel
	388	+	368license under Section 26-8a-302, with the understanding that the Department of Health must
	389	+	369provide the individual who committed the offense an opportunity to respond to any information
	390	+	370gathered from the Department of Health's inspection of records before the Department of
	391	+	371Health makes a determination.
	392	+	372 (3) With the consent of the juvenile court, a court record may be inspected by the child,
	393	+	373by persons having a legitimate interest in the proceedings, and by persons conducting pertinent
	394	+	374research studies.
	395	+	375 (4) (a) Except as provided in Subsection (4)(b), if a petition is filed charging a minor
	396	+	376who is 14 years old or older with an offense that would be a felony if committed by an adult,
	397	+	377the juvenile court shall make available to any person upon request the petition, any
	398	+	378adjudication or disposition orders, and the delinquency history summary for the minor.
	399	+	379 (b) A juvenile court may close the records described in Subsection (4)(a) to the public
	400	+	380if the juvenile court finds, on the record, that the records are closed for good cause.
	401	+	381 [(4) If a petition is filed charging a minor who is 14 years old or older with an offense
	402	+	382that would be a felony if committed by an adult, the juvenile court shall make available to any
	403	+	383person upon request the petition, any adjudication or disposition orders, and the delinquency
	404	+	384history summary of the minor charged unless the records are closed by the juvenile court upon
	405	+	385findings on the record for good cause.]
	406	+	386 (5) A juvenile probation officer's records and reports of social and clinical studies are
	407	+	387not open to inspection, except by consent of the juvenile court, given under rules adopted by
	408	+	388the board.
	409	+	389 (6) The juvenile court may charge a reasonable fee to cover the costs associated with
	410	+	390retrieving a requested record that has been archived.
	411	+	391 Section 9. Section 78A-6-358 is amended to read:
	412	+	392 78A-6-358. Period of effect for a judgment, decree, or order by a juvenile court.
	413	+	393 (1) A judgment, order, or decree of the juvenile court is no longer in effect after a
	414	+	394minor is 21 years old, except:
	415	+	395 (a) for an order of commitment to the Utah State Developmental Center or to the
	416	+	396custody of the Division of Substance Abuse and Mental Health;
	417	+	397 (b) for an adoption under Subsection [78A-6-103(2)(n)] 78A-6-103(2)(a)(xiv); 2nd Sub. (Gray) H.B. 60 02-16-23 10:44 AM
385	418		- 14 -
386		-	362Chapter 21, Part 2, Clearance for Direct Patient Access, with the understanding that the
387		-	363department must provide the individual who committed the offense an opportunity to respond
388		-	364to any information gathered from the Department of Health's inspection of records before the
389		-	365Department of Health makes a decision under that part; and
390		-	366 (h) for information related to a minor who has committed a sexual offense, a felony, or
391		-	367an offense that if committed by an adult would be a misdemeanor, the Department of Health to
392		-	368determine whether to grant, deny, or revoke background clearance under Section 26-8a-310 for
393		-	369an individual who is seeking or who has obtained an emergency medical service personnel
394		-	370license under Section 26-8a-302, with the understanding that the Department of Health must
395		-	371provide the individual who committed the offense an opportunity to respond to any information
396		-	372gathered from the Department of Health's inspection of records before the Department of
397		-	373Health makes a determination.
398		-	374 (3) With the consent of the juvenile court, a court record may be inspected by the child,
399		-	375by persons having a legitimate interest in the proceedings, and by persons conducting pertinent
400		-	376research studies.
401		-	377 (4) (a) Except as provided in Subsection (4)(b), if a petition is filed charging a minor
402		-	378who is 14 years old or older with an offense that would be a felony if committed by an adult,
403		-	379the juvenile court shall make available to any person upon request the petition, any
404		-	380adjudication or disposition orders, and the delinquency history summary for the minor.
405		-	381 (b) A juvenile court may close the records described in Subsection (4)(a) to the public
406		-	382if the juvenile court finds, on the record, that the records are closed for good cause.
407		-	383 [(4) If a petition is filed charging a minor who is 14 years old or older with an offense
408		-	384that would be a felony if committed by an adult, the juvenile court shall make available to any
409		-	385person upon request the petition, any adjudication or disposition orders, and the delinquency
410		-	386history summary of the minor charged unless the records are closed by the juvenile court upon
411		-	387findings on the record for good cause.]
412		-	388 (5) A juvenile probation officer's records and reports of social and clinical studies are
413		-	389not open to inspection, except by consent of the juvenile court, given under rules adopted by Enrolled Copy H.B. 60
	419	+	398 (c) for an order permanently terminating the rights of a parent, guardian, or custodian
	420	+	399under Title 80, Chapter 4, Termination and Restoration of Parental Rights;
	421	+	400 (d) for a permanent order of custody and guardianship under Subsection
	422	+	40180-3-405(2)(d);
	423	+	402 (e) an order establishing paternity under Subsection 78A-6-104(1)(a)(i); and
	424	+	403 (f) as provided in Subsection (2).
	425	+	404 (2) If the juvenile court enters a judgment or order for a minor for whom the juvenile
	426	+	405court has extended continuing jurisdiction over the minor's case until the minor is 25 years old
	427	+	406under Section 80-6-605, the juvenile court's judgment or order is no longer in effect after the
	428	+	407minor is 25 years old.
	429	+	408 Section 10. Section 78B-6-105 is amended to read:
	430	+	409 78B-6-105. District court venue -- Jurisdiction of juvenile court -- Jurisdiction
	431	+	410over nonresidents -- Time for filing.
	432	+	411 (1) An adoption proceeding shall be commenced by filing a petition in:
	433	+	412 (a) the district court in the district where the prospective adoptive parent resides;
	434	+	413 (b) if the prospective adoptive parent is not a resident of this state, the district court in
	435	+	414the district where:
	436	+	415 (i) the adoptee was born;
	437	+	416 (ii) the adoptee resides on the day on which the petition is filed; or
	438	+	417 (iii) a parent of the proposed adoptee resides on the day on which the petition is filed;
	439	+	418or
	440	+	419 (c) the juvenile court as provided in Subsection [78A-6-103(2)(n)]
	441	+	42078A-6-103(2)(a)(xiv) and Section 78A-6-350.
	442	+	421 (2) All orders, decrees, agreements, and notices in an adoption proceeding shall be
	443	+	422filed with the clerk of the court where the adoption proceeding is commenced under Subsection
	444	+	423(1).
	445	+	424 (3) A petition for adoption:
	446	+	425 (a) may be filed before the birth of a child;
	447	+	426 (b) may be filed before or after the adoptee is placed in the home of the petitioner for
	448	+	427the purpose of adoption; and
	449	+	428 (c) shall be filed no later than 30 days after the day on which the adoptee is placed in 02-13-23 2:56 PM 2nd Sub. (Gray) H.B. 60
414	450		- 15 -
415		-	390the board.
416		-	391 (6) The juvenile court may charge a reasonable fee to cover the costs associated with
417		-	392retrieving a requested record that has been archived.
418		-	393 Section 9. Section 78A-6-358 is amended to read:
419		-	394 78A-6-358. Period of effect for a judgment, decree, or order by a juvenile court.
420		-	395 (1) A judgment, order, or decree of the juvenile court is no longer in effect after a
421		-	396minor is 21 years old, except:
422		-	397 (a) for an order of commitment to the Utah State Developmental Center or to the
423		-	398custody of the Division of Substance Abuse and Mental Health;
424		-	399 (b) for an adoption under Subsection [78A-6-103(2)(n)] 78A-6-103(2)(a)(xiv);
425		-	400 (c) for an order permanently terminating the rights of a parent, guardian, or custodian
426		-	401under Title 80, Chapter 4, Termination and Restoration of Parental Rights;
427		-	402 (d) for a permanent order of custody and guardianship under Subsection
428		-	40380-3-405(2)(d);
429		-	404 (e) an order establishing paternity under Subsection 78A-6-104(1)(a)(i); and
430		-	405 (f) as provided in Subsection (2).
431		-	406 (2) If the juvenile court enters a judgment or order for a minor for whom the juvenile
432		-	407court has extended continuing jurisdiction over the minor's case until the minor is 25 years old
433		-	408under Section 80-6-605, the juvenile court's judgment or order is no longer in effect after the
434		-	409minor is 25 years old.
435		-	410 Section 10. Section 78B-6-105 is amended to read:
436		-	411 78B-6-105. District court venue -- Jurisdiction of juvenile court -- Jurisdiction
437		-	412over nonresidents -- Time for filing.
438		-	413 (1) An adoption proceeding shall be commenced by filing a petition in:
439		-	414 (a) the district court in the district where the prospective adoptive parent resides;
440		-	415 (b) if the prospective adoptive parent is not a resident of this state, the district court in
441		-	416the district where:
442		-	417 (i) the adoptee was born; H.B. 60
443		-	Enrolled Copy
	451	+	429the home of the petitioners for the purpose of adoption, unless:
	452	+	430 (i) the time for filing has been extended by the court; or
	453	+	431 (ii) the adoption is arranged by a child-placing agency in which case the agency may
	454	+	432extend the filing time.
	455	+	433 (4) (a) If a person whose consent for the adoption is required under Section 78B-6-120
	456	+	434or 78B-6-121 cannot be found within the state, the fact of the minor's presence within the state
	457	+	435shall confer jurisdiction on the court in proceedings under this chapter as to such absent person,
	458	+	436provided that due notice has been given in accordance with the Utah Rules of Civil Procedure.
	459	+	437 (b) The notice may not include the name of:
	460	+	438 (i) a prospective adoptive parent; or
	461	+	439 (ii) an unmarried mother without her consent.
	462	+	440 (5) Service of notice described in Subsection (6) shall vest the court with jurisdiction
	463	+	441over the person served in the same manner and to the same extent as if the person served was
	464	+	442served personally within the state.
	465	+	443 (6) In the case of service outside the state, service completed not less than five days
	466	+	444before the time set in the notice for appearance of the person served is sufficient to confer
	467	+	445jurisdiction.
	468	+	446 (7) Computation of periods of time not otherwise set forth in this section shall be made
	469	+	447in accordance with the Utah Rules of Civil Procedure.
	470	+	448 Section 11. Section 80-6-1001 is amended to read:
	471	+	449 80-6-1001. Definitions.
	472	+	450 As used in this part:
	473	+	451 (1) "Abstract" means a copy or summary of a court's disposition.
	474	+	452 (2) (a) "Agency" means a state, county, or local government entity that generates or
	475	+	453maintains records [relating to a nonjudicial adjustment or an adjudication] for which
	476	+	454expungement may be ordered under this part.
	477	+	455 (b) "Agency" includes a local education agency, as defined in Section 53E-1-102, for
	478	+	456purposes of this part.
	479	+	457 (3) "Expunge" means to seal or otherwise restrict access to a record that is part of an
	480	+	458individual's juvenile record and in the custody of the juvenile court or an agency.
	481	+	459 (4) (a) "Juvenile record" means all records for all incidents of delinquency involving an 2nd Sub. (Gray) H.B. 60 02-16-23 10:44 AM
444	482		- 16 -
445		-	418 (ii) the adoptee resides on the day on which the petition is filed; or
446		-	419 (iii) a parent of the proposed adoptee resides on the day on which the petition is filed;
447		-	420or
448		-	421 (c) the juvenile court as provided in Subsection [78A-6-103(2)(n)]
449		-	42278A-6-103(2)(a)(xiv) and Section 78A-6-350.
450		-	423 (2) All orders, decrees, agreements, and notices in an adoption proceeding shall be
451		-	424filed with the clerk of the court where the adoption proceeding is commenced under Subsection
452		-	425(1).
453		-	426 (3) A petition for adoption:
454		-	427 (a) may be filed before the birth of a child;
455		-	428 (b) may be filed before or after the adoptee is placed in the home of the petitioner for
456		-	429the purpose of adoption; and
457		-	430 (c) shall be filed no later than 30 days after the day on which the adoptee is placed in
458		-	431the home of the petitioners for the purpose of adoption, unless:
459		-	432 (i) the time for filing has been extended by the court; or
460		-	433 (ii) the adoption is arranged by a child-placing agency in which case the agency may
461		-	434extend the filing time.
462		-	435 (4) (a) If a person whose consent for the adoption is required under Section 78B-6-120
463		-	436or 78B-6-121 cannot be found within the state, the fact of the minor's presence within the state
464		-	437shall confer jurisdiction on the court in proceedings under this chapter as to such absent person,
465		-	438provided that due notice has been given in accordance with the Utah Rules of Civil Procedure.
466		-	439 (b) The notice may not include the name of:
467		-	440 (i) a prospective adoptive parent; or
468		-	441 (ii) an unmarried mother without her consent.
469		-	442 (5) Service of notice described in Subsection (6) shall vest the court with jurisdiction
470		-	443over the person served in the same manner and to the same extent as if the person served was
471		-	444served personally within the state.
472		-	445 (6) In the case of service outside the state, service completed not less than five days Enrolled Copy H.B. 60
	483	+	460individual that are in the custody of the juvenile court or an agency.
	484	+	461 (b) "Juvenile record" does not include a record of an adjudication under Chapter 3,
	485	+	462Abuse, Neglect, or Dependency Proceedings, or Chapter 4, Termination and Restoration of
	486	+	463Parental Rights.
	487	+	464 (5) "Petitioner" means an individual requesting an expungement or vacatur under this
	488	+	465part.
	489	+	466 [(3) "Expunge" means to seal or otherwise restrict access to an individual's record held
	490	+	467by a court or an agency when the record relates to a nonjudicial adjustment or an adjudication
	491	+	468of an offense in the juvenile court.]
	492	+	469 Section 12. Section 80-6-1001.1, which is renumbered from Section 80-6-1003 is
	493	+	470renumbered and amended to read:
	494	+	471 [80-6-1003]. 80-6-1001.1. Court records -- Abstracts.
	495	+	472 [(1) (a) Except as otherwise provided in this part, if a minor's juvenile record is
	496	+	473expunged, and upon a court order, all photographs or records under Section 80-6-608 shall be
	497	+	474destroyed by an agency.]
	498	+	475 [(b) A record of a minor's fingerprints may not be destroyed by an agency.]
	499	+	476 [(2)] (1) A court or agency with custody of an individual's record related to an offense
	500	+	477that the individual is alleged to have committed, or an offense that the individual committed,
	501	+	478before the individual was 18 years old may not disclose the record to a federal agency that is
	502	+	479responsible for criminal justice research or proceedings unless the court or the agency is
	503	+	480required to share the record under state or federal law.
	504	+	481 [(3)] (2) An abstract of a [juvenile court] record for [an] a minor's adjudication of a
	505	+	482traffic offense shall be submitted to the Department of Public Safety as provided in Section
	506	+	48353-3-218.
	507	+	484 Section 13. Section 80-6-1002 is amended to read:
	508	+	485 80-6-1002. Vacatur of an adjudication.
	509	+	486 (1) [(a) An individual who has been adjudicated under this chapter may petition the
	510	+	487juvenile court for vacatur of the individual's juvenile court records and any related records in
	511	+	488the custody of an agency if the record relates to:]
	512	+	489 [(i) an adjudication under Section 76-10-1302, 76-10-1304, or 76-10-1313; or]
	513	+	490 [(ii) an adjudication that was based on an offense that the petitioner engaged in while 02-13-23 2:56 PM 2nd Sub. (Gray) H.B. 60
473	514		- 17 -
474		-	446before the time set in the notice for appearance of the person served is sufficient to confer
475		-	447jurisdiction.
476		-	448 (7) Computation of periods of time not otherwise set forth in this section shall be made
477		-	449in accordance with the Utah Rules of Civil Procedure.
478		-	450 Section 11. Section 80-6-1001 is amended to read:
479		-	451 80-6-1001. Definitions.
480		-	452 As used in this part:
481		-	453 (1) "Abstract" means a copy or summary of a court's disposition.
482		-	454 (2) (a) "Agency" means a state, county, or local government entity that generates or
483		-	455maintains records [relating to a nonjudicial adjustment or an adjudication] for which
484		-	456expungement may be ordered under this part.
485		-	457 (b) "Agency" includes a local education agency, as defined in Section 53E-1-102, for
486		-	458purposes of this part.
487		-	459 (3) "Expunge" means to seal or otherwise restrict access to a record that is part of an
488		-	460individual's juvenile record and in the custody of the juvenile court or an agency.
489		-	461 (4) (a) "Juvenile record" means all records for all incidents of delinquency involving an
490		-	462individual that are in the custody of the juvenile court or an agency.
491		-	463 (b) "Juvenile record" does not include a record of an adjudication under Chapter 3,
492		-	464Abuse, Neglect, or Dependency Proceedings, or Chapter 4, Termination and Restoration of
493		-	465Parental Rights.
494		-	466 (5) "Petitioner" means an individual requesting an expungement or vacatur under this
495		-	467part.
496		-	468 [(3) "Expunge" means to seal or otherwise restrict access to an individual's record held
497		-	469by a court or an agency when the record relates to a nonjudicial adjustment or an adjudication
498		-	470of an offense in the juvenile court.]
499		-	471 Section 12. Section 80-6-1001.1, which is renumbered from Section 80-6-1003 is
500		-	472renumbered and amended to read:
501		-	473 [80-6-1003]. 80-6-1001.1. Court records -- Abstracts. H.B. 60
502		-	Enrolled Copy
	515	+	491subject to force, fraud, or coercion, as defined in Section 76-5-308.]
	516	+	492 (a) An individual who has been adjudicated for an offense by the juvenile court may
	517	+	493petition the juvenile court for vacatur of the adjudication if the adjudication was for a violation
	518	+	494of:
	519	+	495 (i) Section 76-5-308, human trafficking for labor if the petitioner engaged in the human
	520	+	496trafficking for labor while subject to force, fraud, or coercion;
	521	+	497 (ii) Section 76-10-1302, prostitution;
	522	+	498 (iii) Section 76-10-1304, aiding prostitution; or
	523	+	499 (iv) Section 76-10-1313, sexual solicitation.
	524	+	500 (b) The petitioner shall include in the petition the relevant juvenile court incident
	525	+	501number and any agencies known or alleged to have any [documents] records related to the
	526	+	502offense for which vacatur is being sought.
	527	+	503 (c) The petitioner shall include with the petition the original criminal history report
	528	+	504obtained from the Bureau of Criminal Identification in accordance with the provisions of
	529	+	505Section 53-10-108.
	530	+	506 (d) The petitioner shall send a copy of the petition to the [county attorney or, if within a
	531	+	507prosecution district, the district attorney] prosecuting attorney.
	532	+	508 (2) (a) Upon the filing of a petition, the juvenile court shall:
	533	+	509 (i) set a date for a hearing; and
	534	+	510 (ii) at least 30 days before the day on which the hearing on the petition is scheduled,
	535	+	511notify the prosecuting attorney and any affected agency identified in the juvenile record:
	536	+	512 (A) that a petition has been filed; and
	537	+	513 (B) of the date of the hearing.
	538	+	514 [(ii) notify the county attorney or district attorney and the agency with custody of the
	539	+	515records at least 30 days prior to the hearing of the pendency of the petition; and]
	540	+	516 [(iii) notify the county attorney or district attorney and the agency with records the
	541	+	517petitioner is asking the juvenile court to vacate of the date of the hearing.]
	542	+	518 (b) (i) The juvenile court shall provide a victim with the opportunity to request notice
	543	+	519of a petition for vacatur.
	544	+	520 [(ii) A victim shall receive notice of a petition for vacatur at least 30 days before the
	545	+	521hearing if, before the entry of vacatur, the victim or, in the case of a child or an individual who 2nd Sub. (Gray) H.B. 60 02-16-23 10:44 AM
503	546		- 18 -
504		-	474 [(1) (a) Except as otherwise provided in this part, if a minor's juvenile record is
505		-	475expunged, and upon a court order, all photographs or records under Section 80-6-608 shall be
506		-	476destroyed by an agency.]
507		-	477 [(b) A record of a minor's fingerprints may not be destroyed by an agency.]
508		-	478 [(2)] (1) A court or agency with custody of an individual's record related to an offense
509		-	479that the individual is alleged to have committed, or an offense that the individual committed,
510		-	480before the individual was 18 years old may not disclose the record to a federal agency that is
511		-	481responsible for criminal justice research or proceedings unless the court or the agency is
512		-	482required to share the record under state or federal law.
513		-	483 [(3)] (2) An abstract of a [juvenile court] record for [an] a minor's adjudication of a
514		-	484traffic offense shall be submitted to the Department of Public Safety as provided in Section
515		-	48553-3-218.
516		-	486 Section 13. Section 80-6-1002 is amended to read:
517		-	487 80-6-1002. Vacatur of an adjudication.
518		-	488 (1) [(a) An individual who has been adjudicated under this chapter may petition the
519		-	489juvenile court for vacatur of the individual's juvenile court records and any related records in
520		-	490the custody of an agency if the record relates to:]
521		-	491 [(i) an adjudication under Section 76-10-1302, 76-10-1304, or 76-10-1313; or]
522		-	492 [(ii) an adjudication that was based on an offense that the petitioner engaged in while
523		-	493subject to force, fraud, or coercion, as defined in Section 76-5-308.]
524		-	494 (a) An individual who has been adjudicated for an offense by the juvenile court may
525		-	495petition the juvenile court for vacatur of the adjudication if the adjudication was for a violation
526		-	496of:
527		-	497 (i) Section 76-5-308, human trafficking for labor if the petitioner engaged in the human
528		-	498trafficking for labor while subject to force, fraud, or coercion;
529		-	499 (ii) Section 76-10-1302, prostitution;
530		-	500 (iii) Section 76-10-1304, aiding prostitution; or
531		-	501 (iv) Section 76-10-1313, sexual solicitation. Enrolled Copy H.B. 60
	547	+	522is incapacitated or deceased, the victim's next of kin or authorized representative,]
	548	+	523 (ii) At least 30 days before the day on which the hearing is scheduled, a victim shall
	549	+	524receive notice of a petition for vacatur if, before the entry of vacatur, the victim, or the victim's
	550	+	525next of kin or authorized representative if the victim is a child or an individual who is
	551	+	526incapacitated or deceased, submits a written and signed request for notice to the court in the
	552	+	527judicial district in which the crime occurred or judgment was entered.
	553	+	528 (iii) The notice shall include a copy of the petition and statutes and rules applicable to
	554	+	529the petition.
	555	+	530 (c) At the hearing, the petitioner, the prosecuting attorney, a victim, and any other
	556	+	531person who may have relevant information about the petitioner may testify.
	557	+	532 [(3) (a) At the hearing the petitioner, the county attorney or district attorney, a victim,
	558	+	533and any other person who may have relevant information about the petitioner may testify.]
	559	+	534 [(b) (i)] (3) (a) In deciding whether to grant a petition for vacatur of an adjudication of
	560	+	535an offense for human trafficking of labor described in Subsection (1)(a)(i), the juvenile court
	561	+	536shall consider whether the petitioner acted subject to force, fraud, or coercion[, as defined in
	562	+	537Section 76-5-308,] at the time of the conduct giving rise to the adjudication.
	563	+	538 [(ii) (A)] (b) If the juvenile court finds by a preponderance of the evidence that the
	564	+	539petitioner was subject to force, fraud, or coercion[, as defined in Section 76-5-308] at the time
	565	+	540of the conduct giving rise to the adjudication, the juvenile court shall grant vacatur of the
	566	+	541adjudication.
	567	+	542 [(B)] (c) If the juvenile court does not find sufficient evidence, the juvenile court shall
	568	+	543deny vacatur of the adjudication.
	569	+	544 [(iii)] (4) If the petition [is for vacatur of any adjudication under Section 76-10-1302,
	570	+	54576-10-1304, or 76-10-1313] seeks to vacate an adjudication of an offense described in
	571	+	546Subsection (1)(a)(ii) through (iv), the juvenile court shall presumptively grant vacatur of the
	572	+	547adjudication unless the petitioner acted as a purchaser of any sexual activity.
	573	+	548 [(c) If vacatur is granted, the juvenile court shall order sealed all of the petitioner's
	574	+	549records under the control of the juvenile court and any of the petitioner's records under the
	575	+	550control of any other agency or official]
	576	+	551 (5) (a) Except as provided in Subsection (5)(b), if the juvenile court grants a vacatur of
	577	+	552an adjudication for an offense described in Subsection (1)(a), the juvenile court shall order 02-13-23 2:56 PM 2nd Sub. (Gray) H.B. 60
532	578		- 19 -
533		-	502 (b) The petitioner shall include in the petition the relevant juvenile court incident
534		-	503number and any agencies known or alleged to have any [documents] records related to the
535		-	504offense for which vacatur is being sought.
536		-	505 (c) The petitioner shall include with the petition the original criminal history report
537		-	506obtained from the Bureau of Criminal Identification in accordance with the provisions of
538		-	507Section 53-10-108.
539		-	508 (d) The petitioner shall send a copy of the petition to the [county attorney or, if within a
540		-	509prosecution district, the district attorney] prosecuting attorney.
541		-	510 (2) (a) Upon the filing of a petition, the juvenile court shall:
542		-	511 (i) set a date for a hearing; and
543		-	512 (ii) at least 30 days before the day on which the hearing on the petition is scheduled,
544		-	513notify the prosecuting attorney and any affected agency identified in the juvenile record:
545		-	514 (A) that a petition has been filed; and
546		-	515 (B) of the date of the hearing.
547		-	516 [(ii) notify the county attorney or district attorney and the agency with custody of the
548		-	517records at least 30 days prior to the hearing of the pendency of the petition; and]
549		-	518 [(iii) notify the county attorney or district attorney and the agency with records the
550		-	519petitioner is asking the juvenile court to vacate of the date of the hearing.]
551		-	520 (b) (i) The juvenile court shall provide a victim with the opportunity to request notice
552		-	521of a petition for vacatur.
553		-	522 [(ii) A victim shall receive notice of a petition for vacatur at least 30 days before the
554		-	523hearing if, before the entry of vacatur, the victim or, in the case of a child or an individual who
555		-	524is incapacitated or deceased, the victim's next of kin or authorized representative,]
556		-	525 (ii) At least 30 days before the day on which the hearing is scheduled, a victim shall
557		-	526receive notice of a petition for vacatur if, before the entry of vacatur, the victim, or the victim's
558		-	527next of kin or authorized representative if the victim is a child or an individual who is
559		-	528incapacitated or deceased, submits a written and signed request for notice to the court in the
560		-	529judicial district in which the crime occurred or judgment was entered. H.B. 60
561		-	Enrolled Copy
	579	+	553expungement of all records in the petitioner's juvenile record pertaining to the incident
	580	+	554identified in the petition, including relevant related records contained in the Management
	581	+	555Information System and the Licensing Information System.
	582	+	556 (b) The juvenile court may not order expungement of any record in the petitioner's
	583	+	557juvenile record that contains an adjudication for a violation of:
	584	+	558 (i) Section 76-5-202, aggravated murder; or
	585	+	559 (ii) Section 76-5-203, murder.
	586	+	560 [(4)] (6) (a) The petitioner shall be responsible for service of the vacatur and
	587	+	561expungement order [of vacatur] to all affected state, county, and local entities, agencies, and
	588	+	562officials.
	589	+	563 (b) To avoid destruction or [sealing] expungement of the records in whole or in part,
	590	+	564the agency or entity receiving the vacatur and expungement order shall only [vacate] expunge
	591	+	565all references to the petitioner's name in the records pertaining to the relevant adjudicated
	592	+	566juvenile court incident.
	593	+	567 (7) (a) Upon entry of a vacatur and expungement order under this section:
	594	+	568 (i) the proceedings in the incident identified in the petition are considered never to
	595	+	569have occurred; and
	596	+	570 (ii) the petitioner may reply to an inquiry on the matter as though the proceedings never
	597	+	571occurred.
	598	+	572 (b) Upon petition, any record expunged under this section may only be released to or
	599	+	573viewed by:
	600	+	574 (i) the individual who is the subject of the record; or
	601	+	575 (ii) a person named in the petition of vacatur.
	602	+	576 [(5) (a) Upon the entry of vacatur, the proceedings in the incident identified in the
	603	+	577petition shall be considered never to have occurred and the petitioner may properly reply
	604	+	578accordingly upon any inquiry in the matter.]
	605	+	579 [(b) Inspection of the records may thereafter only be permitted by the juvenile court
	606	+	580upon petition by the individual who is the subject of the records, and only to persons named in
	607	+	581the petition.]
	608	+	582 [(6) The juvenile court may not vacate a juvenile court record if the record contains an
	609	+	583adjudication of:] 2nd Sub. (Gray) H.B. 60 02-16-23 10:44 AM
562	610		- 20 -
563		-	530 (iii) The notice shall include a copy of the petition and statutes and rules applicable to
564		-	531the petition.
565		-	532 (c) At the hearing, the petitioner, the prosecuting attorney, a victim, and any other
566		-	533person who may have relevant information about the petitioner may testify.
567		-	534 [(3) (a) At the hearing the petitioner, the county attorney or district attorney, a victim,
568		-	535and any other person who may have relevant information about the petitioner may testify.]
569		-	536 [(b) (i)] (3) (a) In deciding whether to grant a petition for vacatur of an adjudication of
570		-	537an offense for human trafficking of labor described in Subsection (1)(a)(i), the juvenile court
571		-	538shall consider whether the petitioner acted subject to force, fraud, or coercion[, as defined in
572		-	539Section 76-5-308,] at the time of the conduct giving rise to the adjudication.
573		-	540 [(ii) (A)] (b) If the juvenile court finds by a preponderance of the evidence that the
574		-	541petitioner was subject to force, fraud, or coercion[, as defined in Section 76-5-308] at the time
575		-	542of the conduct giving rise to the adjudication, the juvenile court shall grant vacatur of the
576		-	543adjudication.
577		-	544 [(B)] (c) If the juvenile court does not find sufficient evidence, the juvenile court shall
578		-	545deny vacatur of the adjudication.
579		-	546 [(iii)] (4) If the petition [is for vacatur of any adjudication under Section 76-10-1302,
580		-	54776-10-1304, or 76-10-1313] seeks to vacate an adjudication of an offense described in
581		-	548Subsection (1)(a)(ii) through (iv), the juvenile court shall presumptively grant vacatur of the
582		-	549adjudication unless the petitioner acted as a purchaser of any sexual activity.
583		-	550 [(c) If vacatur is granted, the juvenile court shall order sealed all of the petitioner's
584		-	551records under the control of the juvenile court and any of the petitioner's records under the
585		-	552control of any other agency or official]
586		-	553 (5) (a) Except as provided in Subsection (5)(b), if the juvenile court grants a vacatur of
587		-	554an adjudication for an offense described in Subsection (1)(a), the juvenile court shall order
588		-	555expungement of all records in the petitioner's juvenile record pertaining to the incident
589		-	556identified in the petition, including relevant related records contained in the Management
590		-	557Information System and the Licensing Information System. Enrolled Copy H.B. 60
	611	+	584 [(a) Section 76-5-202, aggravated murder; or]
	612	+	585 [(b) Section 76-5-203, murder.]
	613	+	586 Section 14. Section 80-6-1004.1 is enacted to read:
	614	+	587 80-6-1004.1. Petition to expunge adjudication -- Hearing and notice -- Waiver --
	615	+	588Order.
	616	+	589 (1) An individual may petition the juvenile court for an order to expunge the
	617	+	590individual's juvenile record if:
	618	+	591 (a) the individual was adjudicated for an offense in the juvenile court;
	619	+	592 (b) the individual has reached 18 years old; and
	620	+	593 (c) at least one year has passed from the day on which:
	621	+	594 (i) the juvenile court's continuing jurisdiction was terminated; or
	622	+	595 (ii) if the individual was committed to secure care, the individual was unconditionally
	623	+	596released from the custody of the division.
	624	+	597 (2) If a petitioner is 18 years old or older and seeks an expungement under Subsection
	625	+	598(1), the petition shall include a criminal history report obtained from the Bureau of Criminal
	626	+	599Identification in accordance with Section 53-10-108.
	627	+	600 (3) If the juvenile court finds and states on the record the reason why waiver is
	628	+	601appropriate, the juvenile court may waive:
	629	+	602 (a) the age requirement under Subsection (1)(b) for a petition; or
	630	+	603 (b) the one-year requirement under Subsection (1)(c) for a petition.
	631	+	604 (4) (a) Upon the filing of a petition described in Subsection (1)(a), the juvenile court
	632	+	605shall:
	633	+	606 (i) set a date for a hearing; and
	634	+	607 (ii) at least 30 days before the day on which the hearing on the petition is scheduled,
	635	+	608notify the prosecuting attorney and any affected agency identified in the petitioner's juvenile
	636	+	609record:
	637	+	610 (A) that the petition has been filed; and
	638	+	611 (B) of the date of the hearing.
	639	+	612 (b) (i) The juvenile court shall provide a victim with the opportunity to request notice
	640	+	613of a petition described in Subsection (1).
	641	+	614 (ii) Upon the victim's request under Subsection (4)(b)(i), the victim shall receive notice 02-13-23 2:56 PM 2nd Sub. (Gray) H.B. 60
591	642		- 21 -
592		-	558 (b) The juvenile court may not order expungement of any record in the petitioner's
593		-	559juvenile record that contains an adjudication for a violation of:
594		-	560 (i) Section 76-5-202, aggravated murder; or
595		-	561 (ii) Section 76-5-203, murder.
596		-	562 [(4)] (6) (a) The petitioner shall be responsible for service of the vacatur and
597		-	563expungement order [of vacatur] to all affected state, county, and local entities, agencies, and
598		-	564officials.
599		-	565 (b) To avoid destruction or [sealing] expungement of the records in whole or in part,
600		-	566the agency or entity receiving the vacatur and expungement order shall only [vacate] expunge
601		-	567all references to the petitioner's name in the records pertaining to the relevant adjudicated
602		-	568juvenile court incident.
603		-	569 (7) (a) Upon entry of a vacatur and expungement order under this section:
604		-	570 (i) the proceedings in the incident identified in the petition are considered never to
605		-	571have occurred; and
606		-	572 (ii) the petitioner may reply to an inquiry on the matter as though the proceedings never
607		-	573occurred.
608		-	574 (b) Upon petition, any record expunged under this section may only be released to or
609		-	575viewed by:
610		-	576 (i) the individual who is the subject of the record; or
611		-	577 (ii) a person named in the petition of vacatur.
612		-	578 [(5) (a) Upon the entry of vacatur, the proceedings in the incident identified in the
613		-	579petition shall be considered never to have occurred and the petitioner may properly reply
614		-	580accordingly upon any inquiry in the matter.]
615		-	581 [(b) Inspection of the records may thereafter only be permitted by the juvenile court
616		-	582upon petition by the individual who is the subject of the records, and only to persons named in
617		-	583the petition.]
618		-	584 [(6) The juvenile court may not vacate a juvenile court record if the record contains an
619		-	585adjudication of:] H.B. 60
620		-	Enrolled Copy
	643	+	615of the petition at least 30 days before the day on which the hearing is scheduled if, before the
	644	+	616day on which an expungement order is made, the victim, or the victim's next of kin or
	645	+	617authorized representative if the victim is a child or an individual who is incapacitated or
	646	+	618deceased, submits a written and signed request for notice to the juvenile court in the judicial
	647	+	619district in which the offense occurred or judgment is entered.
	648	+	620 (iii) The notice described in Subsection (4)(b)(ii) shall include a copy of the petition
	649	+	621and any statutes and rules applicable to the petition.
	650	+	622 (c) At the hearing, the prosecuting attorney, a victim, and any other individual who
	651	+	623may have relevant information about the petitioner may testify.
	652	+	624 (d) The juvenile court may waive the hearing for the petition if:
	653	+	625 (i) (A) there is no victim; or
	654	+	626 (B) if there is a victim, the victim agrees to the waiver; and
	655	+	627 (ii) the prosecuting attorney agrees to the waiver.
	656	+	628 (5) (a) Except as provided in Subsection (6), the juvenile court may grant a petition
	657	+	629described in Subsection (1) and order expungement of the petitioner's juvenile record if the
	658	+	630juvenile court finds that the petitioner is rehabilitated to the satisfaction of the court in
	659	+	631accordance with Subsection (5)(b).
	660	+	632 (b) In deciding whether to grant a petition described in Subsection (1), the juvenile
	661	+	633court shall consider:
	662	+	634 (i) whether expungement of the petitioner's juvenile record is in the best interest of the
	663	+	635petitioner;
	664	+	636 (ii) the petitioner's response to programs and treatment;
	665	+	637 (iii) the nature and seriousness of the conduct for which the petitioner was adjudicated;
	666	+	638 (iv) the petitioner's behavior subsequent to adjudication;
	667	+	639 (v) the petitioner's reason for seeking expungement of the petitioner's juvenile record;
	668	+	640and
	669	+	641 (vi) if the petitioner is a restricted person under Subsection 76-10-503(1)(a)(iv) or
	670	+	642(b)(ii):
	671	+	643 (A) whether the offense for which the petitioner is a restricted person was committed
	672	+	644with a weapon;
	673	+	645 (B) whether expungement of the petitioner's juvenile record poses an unreasonable risk 2nd Sub. (Gray) H.B. 60 02-16-23 10:44 AM
621	674		- 22 -
622		-	586 [(a) Section 76-5-202, aggravated murder; or]
623		-	587 [(b) Section 76-5-203, murder.]
624		-	588 Section 14. Section 80-6-1004.1 is enacted to read:
625		-	589 80-6-1004.1. Petition to expunge adjudication -- Hearing and notice -- Waiver --
626		-	590Order.
627		-	591 (1) An individual may petition the juvenile court for an order to expunge the
628		-	592individual's juvenile record if:
629		-	593 (a) the individual was adjudicated for an offense in the juvenile court;
630		-	594 (b) the individual has reached 18 years old; and
631		-	595 (c) at least one year has passed from the day on which:
632		-	596 (i) the juvenile court's continuing jurisdiction was terminated; or
633		-	597 (ii) if the individual was committed to secure care, the individual was unconditionally
634		-	598released from the custody of the division.
635		-	599 (2) If a petitioner is 18 years old or older and seeks an expungement under Subsection
636		-	600(1), the petition shall include a criminal history report obtained from the Bureau of Criminal
637		-	601Identification in accordance with Section 53-10-108.
638		-	602 (3) If the juvenile court finds and states on the record the reason why the waiver is
639		-	603appropriate, the juvenile court may waive:
640		-	604 (a) the age requirement under Subsection (1)(b) for a petition; or
641		-	605 (b) the one-year requirement under Subsection (1)(c) for a petition.
642		-	606 (4) (a) Upon the filing of a petition described in Subsection (1)(a), the juvenile court
643		-	607shall:
644		-	608 (i) set a date for a hearing; and
645		-	609 (ii) at least 30 days before the day on which the hearing on the petition is scheduled,
646		-	610notify the prosecuting attorney and any affected agency identified in the petitioner's juvenile
647		-	611record:
648		-	612 (A) that the petition has been filed; and
649		-	613 (B) of the date of the hearing. Enrolled Copy H.B. 60
	675	+	646to public safety; and
	676	+	647 (C) the amount of time that has passed since the adjudication of the offense for which
	677	+	648the petitioner is a restricted person.
	678	+	649 (6) The juvenile court may not grant a petition described in Subsection (1) and order
	679	+	650expungement of the petitioner's juvenile record if:
	680	+	651 (a) the petitioner has been convicted of a violent felony within five years before the day
	681	+	652on which the petition for expungement is filed;
	682	+	653 (b) there are delinquency or criminal proceedings pending against the petitioner;
	683	+	654 (c) the petitioner has not satisfied a judgment of restitution entered by the juvenile
	684	+	655court for an adjudication in the petitioner's juvenile record;
	685	+	656 (d) the petitioner has not satisfied restitution that was a condition of a nonjudicial
	686	+	657adjustment in the petitioner's juvenile record; or
	687	+	658 (e) the petitioner's juvenile record contains an adjudication for a violation of:
	688	+	659 (i) Section 76-5-202, aggravated murder; or
	689	+	660 (ii) Section 76-5-203, murder.
	690	+	661 Section 15. Section 80-6-1004.2 is enacted to read:
	691	+	662 80-6-1004.2. Petition to expunge nonjudicial adjustment -- Order.
	692	+	663 (1) An individual may petition the juvenile court for an order to expunge the
	693	+	664individual's juvenile record if:
	694	+	665 (a) the individual's juvenile record consists solely of nonjudicial adjustments;
	695	+	666 (b) the individual's juvenile record is not eligible for automatic expungement under
	696	+	667Section 80-6-1004.5; and
	697	+	668 (c) the individual has reached 18 years old.
	698	+	669 (2) If the juvenile court finds and states on the record the reason why the waiver is
	699	+	670appropriate, the juvenile court may waive the age requirement under Subsection (1)(c) for a
	700	+	671petition.
	701	+	672 (3) Except as provided in Subsection (4), the juvenile court shall grant a petition
	702	+	673described in Subsection (1) and order expungement of the petitioner's juvenile record.
	703	+	674 (4) The juvenile court may not grant a petition described in Subsection (1) and order
	704	+	675expungement of the petitioner's juvenile record if:
	705	+	676 (a) there are delinquency or criminal proceedings pending against the petitioner; or 02-13-23 2:56 PM 2nd Sub. (Gray) H.B. 60
650	706		- 23 -
651		-	614 (b) (i) The juvenile court shall provide a victim with the opportunity to request notice
652		-	615of a petition described in Subsection (1).
653		-	616 (ii) Upon the victim's request under Subsection (4)(b)(i), the victim shall receive notice
654		-	617of the petition at least 30 days before the day on which the hearing is scheduled if, before the
655		-	618day on which an expungement order is made, the victim, or the victim's next of kin or
656		-	619authorized representative if the victim is a child or an individual who is incapacitated or
657		-	620deceased, submits a written and signed request for notice to the juvenile court in the judicial
658		-	621district in which the offense occurred or judgment is entered.
659		-	622 (iii) The notice described in Subsection (4)(b)(ii) shall include a copy of the petition
660		-	623and any statutes and rules applicable to the petition.
661		-	624 (c) At the hearing, the prosecuting attorney, a victim, and any other individual who
662		-	625may have relevant information about the petitioner may testify.
663		-	626 (d) The juvenile court may waive the hearing for the petition if:
664		-	627 (i) (A) there is no victim; or
665		-	628 (B) if there is a victim, the victim agrees to the waiver; and
666		-	629 (ii) the prosecuting attorney agrees to the waiver.
667		-	630 (5) (a) Except as provided in Subsection (6), the juvenile court may grant a petition
668		-	631described in Subsection (1) and order expungement of the petitioner's juvenile record if the
669		-	632juvenile court finds that the petitioner is rehabilitated to the satisfaction of the court in
670		-	633accordance with Subsection (5)(b).
671		-	634 (b) In deciding whether to grant a petition described in Subsection (1), the juvenile
672		-	635court shall consider:
673		-	636 (i) whether expungement of the petitioner's juvenile record is in the best interest of the
674		-	637petitioner;
675		-	638 (ii) the petitioner's response to programs and treatment;
676		-	639 (iii) the nature and seriousness of the conduct for which the petitioner was adjudicated;
677		-	640 (iv) the petitioner's behavior subsequent to adjudication;
678		-	641 (v) the petitioner's reason for seeking expungement of the petitioner's juvenile record; H.B. 60
679		-	Enrolled Copy
	707	+	677 (b) the petitioner has not satisfied restitution that was a condition of a nonjudicial
	708	+	678adjustment in the petitioner's juvenile record.
	709	+	679 Section 16. Section 80-6-1004.3 is enacted to read:
	710	+	680 80-6-1004.3. Petition to expunge arrest, investigation, detention, or delinquency
	711	+	681petition -- Screening -- Order.
	712	+	682 (1) An individual may petition the juvenile court for an order to expunge the
	713	+	683individual's juvenile record if:
	714	+	684 (a) the individual's juvenile record consists solely of records of arrest, investigation,
	715	+	685detention, or petitions that did not result in adjudication;
	716	+	686 (b) the individual was not adjudicated for an offense in the juvenile court; and
	717	+	687 (c) the individual has reached 18 years old.
	718	+	688 (2) If a petitioner is 18 years old or older and seeks an expungement under Subsection
	719	+	689(1), the petition shall include a criminal history report obtained from the Bureau of Criminal
	720	+	690Identification in accordance with Section 53-10-108.
	721	+	691 (3) If the juvenile court finds and states on the record the reason why the waiver is
	722	+	692appropriate, the juvenile court may waive the age requirement under Subsection (1)(c)for a
	723	+	693petition.
	724	+	694 (4) (a) Upon the filing of a petition described in Subsection (1), the juvenile court shall
	725	+	695notify the prosecuting attorney that the petition has been filed.
	726	+	696 (b) Within 30 days after the day on which the notification is sent under Subsection
	727	+	697(4)(a), the prosecuting attorney shall respond to the petition stating whether the petitioner
	728	+	698meets the requirements for expungement under this section.
	729	+	699 (5) Except as provided in Subsection (6), the juvenile court shall grant a petition
	730	+	700described in Subsection (1) and order expungement of the petitioner's juvenile record if each
	731	+	701case identified in the petition:
	732	+	702 (a) has been screened by the investigating law enforcement agency and the prosecuting
	733	+	703attorney has determined that no charges will be filed against the individual;
	734	+	704 (b) resulted in all charges in the case being dismissed with prejudice;
	735	+	705 (c) resulted in all charges in the case being dismissed without prejudice or without
	736	+	706condition and the prosecuting attorney consents to the expungement; or
	737	+	707 (d) is barred from prosecution by the statute of limitations. 2nd Sub. (Gray) H.B. 60 02-16-23 10:44 AM
680	738		- 24 -
681		-	642and
682		-	643 (vi) if the petitioner is a restricted person under Subsection 76-10-503(1)(a)(iv) or
683		-	644(b)(ii):
684		-	645 (A) whether the offense for which the petitioner is a restricted person was committed
685		-	646with a weapon;
686		-	647 (B) whether expungement of the petitioner's juvenile record poses an unreasonable risk
687		-	648to public safety; and
688		-	649 (C) the amount of time that has passed since the adjudication of the offense for which
689		-	650the petitioner is a restricted person.
690		-	651 (6) The juvenile court may not grant a petition described in Subsection (1) and order
691		-	652expungement of the petitioner's juvenile record if:
692		-	653 (a) the petitioner has been convicted of a violent felony within five years before the day
693		-	654on which the petition for expungement is filed;
694		-	655 (b) there are delinquency or criminal proceedings pending against the petitioner;
695		-	656 (c) the petitioner has not satisfied a judgment of restitution entered by the juvenile
696		-	657court for an adjudication in the petitioner's juvenile record;
697		-	658 (d) the petitioner has not satisfied restitution that was a condition of a nonjudicial
698		-	659adjustment in the petitioner's juvenile record; or
699		-	660 (e) the petitioner's juvenile record contains an adjudication for a violation of:
700		-	661 (i) Section 76-5-202, aggravated murder; or
701		-	662 (ii) Section 76-5-203, murder.
702		-	663 Section 15. Section 80-6-1004.2 is enacted to read:
703		-	664 80-6-1004.2. Petition to expunge nonjudicial adjustment -- Order.
704		-	665 (1) An individual may petition the juvenile court for an order to expunge the
705		-	666individual's juvenile record if:
706		-	667 (a) the individual's juvenile record consists solely of nonjudicial adjustments;
707		-	668 (b) the individual's juvenile record is not eligible for automatic expungement under
708		-	669Section 80-6-1004.5; and Enrolled Copy H.B. 60
	739	+	708 (6) The juvenile court may not grant a petition described in Subsection (1) and order
	740	+	709expungement of the petitioner's juvenile record if there are delinquency or criminal proceedings
	741	+	710pending against the petitioner.
	742	+	711 Section 17. Section 80-6-1004.4 is enacted to read:
	743	+	712 80-6-1004.4. Petition to expunge petition not found to be true -- Order.
	744	+	713 (1) An individual may petition the juvenile court, at any time, for an order to expunge
	745	+	714all records in the individual's juvenile record pertaining to an incident where a petition was
	746	+	715filed if:
	747	+	716 (a) the incident was presented to the juvenile court for adjudication based upon an
	748	+	717admission, plea, or trial;
	749	+	718 (b) the juvenile court did not find by beyond a reasonable doubt the allegations in the
	750	+	719petition to be true;
	751	+	720 (c) at least 30 days have passed since the day on which the juvenile court did not find
	752	+	721the allegations in the petition to be true; and
	753	+	722 (d) an appeal has not been filed for the petition within the 30-day period described in
	754	+	723Subsection (1)(c).
	755	+	724 (2) If a petitioner is 18 years old or older and seeks an expungement under Subsection
	756	+	725(1), the petition shall include a criminal history report obtained from the Bureau of Criminal
	757	+	726Identification in accordance with Section 53-10-108.
	758	+	727 (3) The juvenile court shall grant a petition described in Subsection (1), without a
	759	+	728hearing, and order expungement of any record in the petitioner's juvenile record pertaining to
	760	+	729the incident.
	761	+	730 Section 18. Section 80-6-1004.5 is enacted to read:
	762	+	731 80-6-1004.5. Automatic expungement of successful nonjudicial adjustment --
	763	+	732Effect of successful nonjudicial adjustment.
	764	+	733 (1) Except as provided in Subsection (2), the juvenile court shall issue, without a
	765	+	734petition, an order to expunge an individual's juvenile record if:
	766	+	735 (a) the individual has reached 18 years old;
	767	+	736 (b) the individual's juvenile record consists solely of nonjudicial adjustments;
	768	+	737 (c) the individual has successfully completed each nonjudicial adjustment; and
	769	+	738 (d) all nonjudicial adjustments were completed on or after October 1, 2023. 02-13-23 2:56 PM 2nd Sub. (Gray) H.B. 60
709	770		- 25 -
710		-	670 (c) the individual has reached 18 years old.
711		-	671 (2) If the juvenile court finds and states on the record the reason why the waiver is
712		-	672appropriate, the juvenile court may waive the age requirement under Subsection (1)(c) for a
713		-	673petition.
714		-	674 (3) Except as provided in Subsection (4), the juvenile court shall grant a petition
715		-	675described in Subsection (1) and order expungement of the petitioner's juvenile record.
716		-	676 (4) The juvenile court may not grant a petition described in Subsection (1) and order
717		-	677expungement of the petitioner's juvenile record if:
718		-	678 (a) there are delinquency or criminal proceedings pending against the petitioner; or
719		-	679 (b) the petitioner has not satisfied restitution that was a condition of a nonjudicial
720		-	680adjustment in the petitioner's juvenile record.
721		-	681 Section 16. Section 80-6-1004.3 is enacted to read:
722		-	682 80-6-1004.3. Petition to expunge arrest, investigation, detention, or delinquency
723		-	683petition -- Screening -- Order.
724		-	684 (1) An individual may petition the juvenile court for an order to expunge the
725		-	685individual's juvenile record if:
726		-	686 (a) the individual's juvenile record consists solely of records of arrest, investigation,
727		-	687detention, or petitions that did not result in adjudication;
728		-	688 (b) the individual was not adjudicated for an offense in the juvenile court; and
729		-	689 (c) the individual has reached 18 years old.
730		-	690 (2) If a petitioner is 18 years old or older and seeks an expungement under Subsection
731		-	691(1), the petition shall include a criminal history report obtained from the Bureau of Criminal
732		-	692Identification in accordance with Section 53-10-108.
733		-	693 (3) If the juvenile court finds and states on the record the reason why the waiver is
734		-	694appropriate, the juvenile court may waive the age requirement under Subsection (1)(c) for a
735		-	695petition.
736		-	696 (4) (a) Upon the filing of a petition described in Subsection (1), the juvenile court shall
737		-	697notify the prosecuting attorney that the petition has been filed. H.B. 60
738		-	Enrolled Copy
	771	+	739 (2) An individual's juvenile record is not eligible for expungement under Subsection
	772	+	740(1) if the individual's juvenile record contains a nonjudicial adjustment for a violation of:
	773	+	741 (a) Section 41-6a-502, driving under the influence;
	774	+	742 (b) Section 76-5-112, reckless endangerment creating a substantial risk of death or
	775	+	743serious bodily injury;
	776	+	744 (c) Section 76-5-206, negligent homicide;
	777	+	745 (d) Section 76-9-702.1, sexual battery;
	778	+	746 (e) Section 76-10-505.5, possession of a dangerous weapon, firearm, or short barreled
	779	+	747shotgun on or about school premises; or
	780	+	748 (f) Section 76-10-509, possession of a dangerous weapon by a minor.
	781	+	749 (3) If an individual's juvenile record consists solely of nonjudicial adjustments that
	782	+	750were completed before October 1, 2023:
	783	+	751 (a) any nonjudicial adjustment in the individual's juvenile record is considered to never
	784	+	752have occurred if:
	785	+	753 (i) the individual has reached 18 years old;
	786	+	754 (ii) the individual has satisfied restitution that was a condition of any nonjudicial
	787	+	755adjustment in the individual's juvenile record; and
	788	+	756 (iii) the nonjudicial adjustment was for an offense that is not an offense described in
	789	+	757Subsection (2); and
	790	+	758 (b) the individual may reply to any inquiry about the nonjudicial adjustment as though
	791	+	759there never was a nonjudicial adjustment.
	792	+	760 Section 19. Section 80-6-1006.1 is enacted to read:
	793	+	761 80-6-1006.1. Exceptions to expungement order -- Distribution of expungement
	794	+	762order -- Agency duties -- Effect of expungement -- Access to expunged record.
	795	+	763 (1) This section applies to an expungement order under Section 80-6-1004.1,
	796	+	76480-6-1004.2, 80-6-1004.3, 80-6-1004.4, or 80-6-1004.5.
	797	+	765 (2) The juvenile court may not order:
	798	+	766 (a) the Board of Pardons and Parole and the Department of Corrections to seal a record
	799	+	767in the possession of the Board of Pardons and Parole or the Department of Corrections, except
	800	+	768that the juvenile court may order the Board of Pardons and Parole and the Department of
	801	+	769Corrections to restrict access to a record if the record is specifically identified in the 2nd Sub. (Gray) H.B. 60 02-16-23 10:44 AM
739	802		- 26 -
740		-	698 (b) Within 30 days after the day on which the notification is sent under Subsection
741		-	699(4)(a), the prosecuting attorney shall respond to the petition stating whether the petitioner
742		-	700meets the requirements for expungement under this section.
743		-	701 (5) Except as provided in Subsection (6), the juvenile court shall grant a petition
744		-	702described in Subsection (1) and order expungement of the petitioner's juvenile record if each
745		-	703case identified in the petition:
746		-	704 (a) has been screened by the investigating law enforcement agency and the prosecuting
747		-	705attorney has determined that no charges will be filed against the individual;
748		-	706 (b) resulted in all charges in the case being dismissed with prejudice;
749		-	707 (c) resulted in all charges in the case being dismissed without prejudice or without
750		-	708condition and the prosecuting attorney consents to the expungement; or
751		-	709 (d) is barred from prosecution by the statute of limitations.
752		-	710 (6) The juvenile court may not grant a petition described in Subsection (1) and order
753		-	711expungement of the petitioner's juvenile record if there are delinquency or criminal proceedings
754		-	712pending against the petitioner.
755		-	713 Section 17. Section 80-6-1004.4 is enacted to read:
756		-	714 80-6-1004.4. Petition to expunge petition not found to be true -- Order.
757		-	715 (1) An individual may petition the juvenile court, at any time, for an order to expunge
758		-	716all records in the individual's juvenile record pertaining to an incident where a petition was
759		-	717filed if:
760		-	718 (a) the incident was presented to the juvenile court for adjudication based upon an
761		-	719admission, plea, or trial;
762		-	720 (b) the juvenile court did not find by beyond a reasonable doubt the allegations in the
763		-	721petition to be true;
764		-	722 (c) at least 30 days have passed since the day on which the juvenile court did not find
765		-	723the allegations in the petition to be true; and
766		-	724 (d) an appeal has not been filed for the petition within the 30-day period described in
767		-	725Subsection (1)(c). Enrolled Copy H.B. 60
	803	+	770expungement order as a record in the possession of the Board of Pardons and Parole or the
	804	+	771Department of Corrections; or
	805	+	772 (b) the Division of Child and Family Services to expunge a record in an individual's
	806	+	773juvenile record that is contained in the Management Information System or the Licensing
	807	+	774Information System unless:
	808	+	775 (i) the record is unsupported; or
	809	+	776 (ii) after notice and an opportunity to be heard, the Division of Child and Family
	810	+	777Services stipulates in writing to expunging the record.
	811	+	778 (3) (a) If the juvenile court issues an expungement order, the juvenile court shall send a
	812	+	779copy of the expungement order to any affected agency or official identified in the juvenile
	813	+	780record.
	814	+	781 (b) An individual who is the subject of an expungement order may deliver copies of the
	815	+	782expungement order to all agencies and officials affected by the expungement order.
	816	+	783 (4) (a) Upon receipt of an expungement order, an agency shall:
	817	+	784 (i) to avoid destruction or expungement of records in whole or in part, expunge only
	818	+	785the references to the individual's name in the records relating to the individual's adjudication,
	819	+	786nonjudicial adjustment, petition, arrest, investigation, or detention for which expungement is
	820	+	787ordered; and
	821	+	788 (ii) destroy all photographs and records created under Section 80-6-608, except that a
	822	+	789record of a minor's fingerprints may not be destroyed by an agency.
	823	+	790 (b) An agency that receives a copy of an expungement order shall mail an affidavit to
	824	+	791the individual who is the subject of the expungement order, or the individual's attorney, that the
	825	+	792agency has complied with the expungement order.
	826	+	793 (5) Notwithstanding Subsection (4), the Board of Pardons and Parole and the
	827	+	794Department of Corrections:
	828	+	795 (a) may not disclose records expunged in an expungement order unless required by
	829	+	796law;
	830	+	797 (b) are not required to destroy any photograph or record created under Section
	831	+	79880-6-608;
	832	+	799 (c) may use an expunged record for purposes related to incarceration and supervision
	833	+	800of an individual under the jurisdiction of the Board of Pardons and Parole, including for the 02-13-23 2:56 PM 2nd Sub. (Gray) H.B. 60
768	834		- 27 -
769		-	726 (2) If a petitioner is 18 years old or older and seeks an expungement under Subsection
770		-	727(1), the petition shall include a criminal history report obtained from the Bureau of Criminal
771		-	728Identification in accordance with Section 53-10-108.
772		-	729 (3) The juvenile court shall grant a petition described in Subsection (1), without a
773		-	730hearing, and order expungement of any record in the petitioner's juvenile record pertaining to
774		-	731the incident.
775		-	732 Section 18. Section 80-6-1004.5 is enacted to read:
776		-	733 80-6-1004.5. Automatic expungement of successful nonjudicial adjustment --
777		-	734Effect of successful nonjudicial adjustment.
778		-	735 (1) Except as provided in Subsection (2), the juvenile court shall issue, without a
779		-	736petition, an order to expunge an individual's juvenile record if:
780		-	737 (a) the individual has reached 18 years old;
781		-	738 (b) the individual's juvenile record consists solely of nonjudicial adjustments;
782		-	739 (c) the individual has successfully completed each nonjudicial adjustment; and
783		-	740 (d) all nonjudicial adjustments were completed on or after October 1, 2023.
784		-	741 (2) An individual's juvenile record is not eligible for expungement under Subsection
785		-	742(1) if the individual's juvenile record contains a nonjudicial adjustment for a violation of:
786		-	743 (a) Section 41-6a-502, driving under the influence;
787		-	744 (b) Section 76-5-112, reckless endangerment creating a substantial risk of death or
788		-	745serious bodily injury;
789		-	746 (c) Section 76-5-206, negligent homicide;
790		-	747 (d) Section 76-9-702.1, sexual battery;
791		-	748 (e) Section 76-10-505.5, possession of a dangerous weapon, firearm, or short barreled
792		-	749shotgun on or about school premises; or
793		-	750 (f) Section 76-10-509, possession of a dangerous weapon by a minor.
794		-	751 (3) If an individual's juvenile record consists solely of nonjudicial adjustments that
795		-	752were completed before October 1, 2023:
796		-	753 (a) any nonjudicial adjustment in the individual's juvenile record is considered to never H.B. 60
797		-	Enrolled Copy
798		-	- 28 -
799		-	754have occurred if:
800		-	755 (i) the individual has reached 18 years old;
801		-	756 (ii) the individual has satisfied restitution that was a condition of any nonjudicial
802		-	757adjustment in the individual's juvenile record; and
803		-	758 (iii) the nonjudicial adjustment was for an offense that is not an offense described in
804		-	759Subsection (2); and
805		-	760 (b) the individual may reply to any inquiry about the nonjudicial adjustment as though
806		-	761there never was a nonjudicial adjustment.
807		-	762 Section 19. Section 80-6-1006.1 is enacted to read:
808		-	763 80-6-1006.1. Exceptions to expungement order -- Distribution of expungement
809		-	764order -- Agency duties -- Effect of expungement -- Access to expunged record.
810		-	765 (1) This section applies to an expungement order under Section 80-6-1004.1,
811		-	76680-6-1004.2, 80-6-1004.3, 80-6-1004.4, or 80-6-1004.5.
812		-	767 (2) The juvenile court may not order:
813		-	768 (a) the Board of Pardons and Parole and the Department of Corrections to seal a record
814		-	769in the possession of the Board of Pardons and Parole or the Department of Corrections, except
815		-	770that the juvenile court may order the Board of Pardons and Parole and the Department of
816		-	771Corrections to restrict access to a record if the record is specifically identified in the
817		-	772expungement order as a record in the possession of the Board of Pardons and Parole or the
818		-	773Department of Corrections; or
819		-	774 (b) the Division of Child and Family Services to expunge a record in an individual's
820		-	775juvenile record that is contained in the Management Information System or the Licensing
821		-	776Information System unless:
822		-	777 (i) the record is unsupported; or
823		-	778 (ii) after notice and an opportunity to be heard, the Division of Child and Family
824		-	779Services stipulates in writing to expunging the record.
825		-	780 (3) (a) If the juvenile court issues an expungement order, the juvenile court shall send a
826		-	781copy of the expungement order to any affected agency or official identified in the juvenile Enrolled Copy H.B. 60
827		-	- 29 -
828		-	782record.
829		-	783 (b) An individual who is the subject of an expungement order may deliver copies of the
830		-	784expungement order to all agencies and officials affected by the expungement order.
831		-	785 (4) (a) Upon receipt of an expungement order, an agency shall:
832		-	786 (i) to avoid destruction or expungement of records in whole or in part, expunge only
833		-	787the references to the individual's name in the records relating to the individual's adjudication,
834		-	788nonjudicial adjustment, petition, arrest, investigation, or detention for which expungement is
835		-	789ordered; and
836		-	790 (ii) destroy all photographs and records created under Section 80-6-608, except that a
837		-	791record of a minor's fingerprints may not be destroyed by an agency.
838		-	792 (b) An agency that receives a copy of an expungement order shall mail an affidavit to
839		-	793the individual who is the subject of the expungement order, or the individual's attorney, that the
840		-	794agency has complied with the expungement order.
841		-	795 (5) Notwithstanding Subsection (4), the Board of Pardons and Parole and the
842		-	796Department of Corrections:
843		-	797 (a) may not disclose records expunged in an expungement order unless required by
844		-	798law;
845		-	799 (b) are not required to destroy any photograph or record created under Section
846		-	80080-6-608;
847		-	801 (c) may use an expunged record for purposes related to incarceration and supervision
848		-	802of an individual under the jurisdiction of the Board of Pardons and Parole, including for the
849		-	803purpose of making decisions about:
850		-	804 (i) the treatment and programming of the individual;
851		-	805 (ii) housing of the individual;
852		-	806 (iii) applicable guidelines regarding the individual; or
853		-	807 (iv) supervision conditions for the individual;
854		-	808 (d) are not prohibited from disclosing or sharing any information in an expunged
855		-	809record with another agency that uses the same record management system as the Board of H.B. 60
856		-	Enrolled Copy
857		-	- 30 -
858		-	810Pardons and Parole or the Department of Corrections; and
859		-	811 (e) are not required to mail an affidavit under Subsection (4)(b).
860		-	812 (6) Upon entry of an expungement order:
861		-	813 (a) an adjudication, a nonjudicial adjustment, a petition, an arrest, an investigation, or a
862		-	814detention for which the record is expunged is considered to have never occurred; and
863		-	815 (b) the individual, who is the subject of the expungement order, may reply to an inquiry
864		-	816on the matter as though there never was an adjudication, a nonjudicial adjustment, a petition,
865		-	817an arrest, an investigation, or a detention.
866		-	818 (7) A record expunged under Section 80-6-1004.1, 80-6-1004.2, 80-6-1004.3,
867		-	81980-6-1004.4, or 80-6-1004.5 may be released to, or viewed by, the individual who is the subject
868		-	820of the record.
869		-	821 Section 20. Repealer.
870		-	822 This bill repeals:
871		-	823 Section 80-6-1004, Requirements to apply to expunge an adjudication.
872		-	824 Section 80-6-1005, Nonjudicial adjustment expungement.
873		-	825 Section 80-6-1006, Effect of an expunged record -- Agency duties.
874		-	826 Section 21. Effective date.
875		-	827 This bill takes effect on October 1, 2023.
	835	+	801purpose of making decisions about:
	836	+	802 (i) the treatment and programming of the individual;
	837	+	803 (ii) housing of the individual;
	838	+	804 (iii) applicable guidelines regarding the individual; or
	839	+	805 (iv) supervision conditions for the individual;
	840	+	806 (d) are not prohibited from disclosing or sharing any information in an expunged
	841	+	807record with another agency that uses the same record management system as the Board of
	842	+	808Pardons and Parole or the Department of Corrections; and
	843	+	809 (e) are not required to mail an affidavit under Subsection (4)(b).
	844	+	810 (6) Upon entry of an expungement order:
	845	+	811 (a) an adjudication, a nonjudicial adjustment, a petition, an arrest, an investigation, or a
	846	+	812detention for which the record is expunged is considered to have never occurred; and
	847	+	813 (b) the individual, who is the subject of the expungement order, may reply to an inquiry
	848	+	814on the matter as though there never was an adjudication, a nonjudicial adjustment, a petition,
	849	+	815an arrest, an investigation, or a detention.
	850	+	816 (7) A record expunged under Section 80-6-1004.1, 80-6-1004.2, 80-6-1004.3,
	851	+	81780-6-1004.4, or 80-6-1004.5 may be released to, or viewed by, the individual who is the subject
	852	+	818of the record.
	853	+	819 Section 20. Repealer.
	854	+	820 This bill repeals:
	855	+	821 Section 80-6-1004, Requirements to apply to expunge an adjudication.
	856	+	822 Section 80-6-1005, Nonjudicial adjustment expungement.
	857	+	823 Section 80-6-1006, Effect of an expunged record -- Agency duties.
	858	+	824 Section 21. Effective date.
	859	+	825 This bill takes effect on October 1, 2023.