Utah 2023 Regular Session

Utah House Bill HB0060 Compare Versions

OldNewDifferences
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:
28 1 JUVENILE JUSTICE MODIFICATIONS
39 2 2023 GENERAL SESSION
410 3 STATE OF UTAH
511 4 Chief Sponsor: Cheryl K. Acton
612 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
3234 - 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;
3437 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
6166 - 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
9098 - 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
119130 - 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
149162 - 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
178194 - 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
208226 - 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
237258 - 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
267290 - 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
296322 - 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
326354 - 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
355386 - 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
385418 - 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
414450 - 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
444482 - 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
473514 - 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
503546 - 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
532578 - 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
562610 - 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
591642 - 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
621674 - 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
650706 - 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
680738 - 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
709770 - 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
739802 - 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
768834 - 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.