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 |
---|
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 |
---|
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: |
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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 |
---|
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 |
---|
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 |
---|
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; |
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204 | | - | 191 (b) Chapter 9, Part 2, Student Privacy; and |
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205 | | - | 192 (c) the Family Education Rights and Privacy Act, 20 U.S.C. Secs. 1232g and 1232h. |
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206 | | - | 193 (7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the H.B. 60 |
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207 | | - | Enrolled Copy |
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| 195 | + | 181 (a) age; |
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| 196 | + | 182 (b) grade level; |
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| 197 | + | 183 (c) race; |
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| 198 | + | 184 (d) sex; and |
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| 199 | + | 185 (e) disability status. |
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| 200 | + | 186 (6) Information included in the annual report described in Subsection (2) shall comply |
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| 201 | + | 187with: |
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| 202 | + | 188 (a) Chapter 9, Part 3, Student Data Protection; |
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| 203 | + | 189 (b) Chapter 9, Part 2, Student Privacy; and |
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| 204 | + | 190 (c) the Family Education Rights and Privacy Act, 20 U.S.C. Secs. 1232g and 1232h. |
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| 205 | + | 191 (7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the |
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| 206 | + | 192state board shall make rules to compile the report described in Subsection (2). |
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| 207 | + | 193 (8) The state board shall provide the report described in Subsection (2) in accordance |
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| 208 | + | 194with Section 53E-1-203 for incidents that occurred during the previous school year. |
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| 209 | + | 195 Section 4. Section 53G-8-510 is amended to read: |
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| 210 | + | 196 53G-8-510. Notification of dangerous weapons on school grounds -- Immunity |
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| 211 | + | 197from civil and criminal liability. |
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| 212 | + | 198 (1) As used in this section: |
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| 213 | + | 199 (a) "Dangerous weapon" means a firearm or an object that in the manner of the object's |
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| 214 | + | 200use or intended use is capable of causing death or serious bodily injury to an individual. |
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| 215 | + | 201 (b) "Minor" means the same as that term is defined in Section 80-1-102. |
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| 216 | + | 202 (c) "School employee" means an individual working in the individual's capacity as: |
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| 217 | + | 203 (i) a school teacher; |
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| 218 | + | 204 (ii) a school staff member; |
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| 219 | + | 205 (iii) a school administrator; or |
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| 220 | + | 206 (iv) an individual: |
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| 221 | + | 207 (A) who is employed, directly or indirectly, by a school, an LEA governing board, or a |
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| 222 | + | 208school district; and |
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| 223 | + | 209 (B) who works on a school campus. |
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| 224 | + | 210 (d) "School is in session" means the same as that term is defined in Section 53E-3-516. |
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| 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 |
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209 | | - | 194state board shall make rules to compile the report described in Subsection (2). |
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210 | | - | 195 (8) The state board shall provide the report described in Subsection (2) in accordance |
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211 | | - | 196with Section 53E-1-203 for incidents that occurred during the previous school year. |
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212 | | - | 197 Section 4. Section 53G-8-510 is amended to read: |
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213 | | - | 198 53G-8-510. Notification of dangerous weapons on school grounds -- Immunity |
---|
214 | | - | 199from civil and criminal liability. |
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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: |
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220 | | - | 205 (i) a school teacher; |
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221 | | - | 206 (ii) a school staff member; |
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222 | | - | 207 (iii) a school administrator; or |
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223 | | - | 208 (iv) an individual: |
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224 | | - | 209 (A) who is employed, directly or indirectly, by a school, an LEA governing board, or a |
---|
225 | | - | 210school district; and |
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226 | | - | 211 (B) who works on a school campus. |
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227 | | - | 212 (d) "School is in session" means the same as that term is defined in Section 53E-3-516. |
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228 | | - | 213 (e) "School-sponsored activity" means the same as that term is defined in Section |
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229 | | - | 21453E-3-516. |
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230 | | - | 215 (2) If a minor is found on school grounds when school is in session or at a |
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231 | | - | 216school-sponsored activity in possession of a dangerous weapon and that information is reported |
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232 | | - | 217to, or known by, a school employee, the school employee shall notify the principal. |
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233 | | - | 218 (3) After receiving a notification under Subsection (2), the principal shall notify: |
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234 | | - | 219 (a) a law enforcement officer or agency; and |
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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. |
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| 228 | + | 213 (2) If a minor is found on school grounds when school is in session or at a |
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| 229 | + | 214school-sponsored activity in possession of a dangerous weapon and that information is reported |
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| 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: |
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| 232 | + | 217 (a) a law enforcement officer or agency; and |
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| 233 | + | 218 (b) school or district personnel if the principal determines that school or district |
---|
| 234 | + | 219personnel should be informed. |
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| 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 |
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| 237 | + | 222to or known by the principal, the principal shall notify law enforcement personnel and school |
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| 238 | + | 223or district personnel who, in the opinion of the principal, should be informed.] |
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| 239 | + | 224 [(2)] (4) A person who in good faith reports information under Subsection [(1)] (2) or |
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| 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. |
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| 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: |
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| 247 | + | 232 (a) an emergency commitment in accordance with Section 62A-5-311; or |
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| 248 | + | 233 (b) involuntary commitment in accordance with Section 62A-5-312. |
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| 249 | + | 234 (2) A proceeding for involuntary commitment under Subsection (1)(a) may be |
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| 250 | + | 235commenced by filing a written petition with the juvenile court under Section 62A-5-312. |
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| 251 | + | 236 (3) (a) A juvenile court has jurisdiction over the proceeding under Subsection (2) as |
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| 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. |
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| 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 |
---|
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.] |
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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 |
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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 |
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253 | | - | 237commenced by filing a written petition with the juvenile court under Section 62A-5-312. |
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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). |
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256 | | - | 240 (b) A juvenile court shall proceed with the written petition in the same manner and |
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257 | | - | 241with the same authority as the district court. |
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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 |
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261 | | - | 245five days before the day on which the individual is released. |
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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 |
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| 264 | + | 248petition for expungement under Section 77-40a-305 or 80-6-1004 and the procedures for |
---|
| 265 | + | 249obtaining notice of the petition. |
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| 266 | + | 250 (b) The department or division shall provide each trial court a copy of the document |
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| 267 | + | 251that has jurisdiction over delinquencies or criminal offenses subject to expungement. |
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| 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 |
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| 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 -- |
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| 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: |
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| 277 | + | 261 (a) a felony, misdemeanor, infraction, or violation of an ordinance, under municipal, |
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| 278 | + | 262state, or federal law, that was committed by a child; |
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| 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 |
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| 282 | + | 266 (ii) who was under 18 years old at the time the offense was committed; and |
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| 283 | + | 267 (c) a misdemeanor, infraction, or violation of an ordinance, under municipal or state |
---|
| 284 | + | 268law, that was committed: |
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| 285 | + | 269 (i) by an individual: |
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| 286 | + | 270 (A) who was 18 years old and enrolled in high school at the time of the offense; and |
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| 287 | + | 271 (B) who is under 21 years old at the time of all court proceedings; and |
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| 288 | + | 272 (ii) on school property where the individual was enrolled: |
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| 289 | + | 273 (A) when school was in session; or 2nd Sub. (Gray) H.B. 60 02-16-23 10:44 AM |
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268 | | - | 250petition for expungement under Section 77-40a-305 or [80-6-1004] 80-6-1004.1 and the |
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269 | | - | 251procedures for obtaining notice of the petition. |
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270 | | - | 252 (b) The department or division shall provide each trial court a copy of the document |
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271 | | - | 253that has jurisdiction over delinquencies or criminal offenses subject to expungement. |
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272 | | - | 254 (2) The prosecuting attorney in any case leading to a conviction, a charge dismissed in |
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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: |
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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; |
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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 |
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286 | | - | 268 (ii) who was under 18 years old at the time the offense was committed; and |
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287 | | - | 269 (c) a misdemeanor, infraction, or violation of an ordinance, under municipal or state |
---|
288 | | - | 270law, that was committed: |
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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 |
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291 | | - | 273 (B) who is under 21 years old at the time of all court proceedings; and |
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292 | | - | 274 (ii) on school property where the individual was enrolled: |
---|
293 | | - | 275 (A) when school was in session; or |
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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 |
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| 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: |
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| 293 | + | 276 (a) any proceeding concerning: |
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| 294 | + | 277 [(a)] (i) a child who is an abused child, neglected child, or dependent child; |
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| 295 | + | 278 [(b)] (ii) a protective order for a child in accordance with Title 78B, Chapter 7, Part 2, |
---|
| 296 | + | 279Child Protective Orders; |
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| 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; |
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| 304 | + | 287 [(f)] (vi) the treatment or commitment of a minor who has an intellectual disability; |
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| 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; |
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| 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; |
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| 309 | + | 292 [(j)] (x) the treatment or commitment of a child with a mental illness; |
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| 310 | + | 293 [(k)] (xi) the commitment of a child to a secure drug or alcohol facility in accordance |
---|
| 311 | + | 294with Section 62A-15-301; |
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| 312 | + | 295 [(l)] (xii) a minor found not competent to proceed in accordance with Title 80, Chapter |
---|
| 313 | + | 2966, Part 4, Competency; |
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| 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 |
---|
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 |
---|
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 |
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339 | | - | 318law under Section 80-6-701[,] for the juvenile court to exercise jurisdiction under Subsection |
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340 | | - | 319[(2)(p)] (2)(a)(xvi), (b), or (c). |
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341 | | - | 320 (4) This section does not restrict the right of access to the juvenile court by private |
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342 | | - | 321agencies or other persons. |
---|
343 | | - | 322 (5) The juvenile court has jurisdiction of all magistrate functions relative to cases |
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344 | | - | 323arising under Title 80, Chapter 6, Part 5, Transfer to District Court. |
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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. |
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347 | | - | 326 (7) The juvenile court has jurisdiction over matters transferred to the juvenile court by |
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348 | | - | 327another trial court in accordance with Subsection 78A-7-106(4) and Section 80-6-303. |
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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 |
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| 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 |
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| 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 |
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| 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 |
---|
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 |
---|
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 |
---|
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 |
---|
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 |
---|
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. |
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478 | | - | 450 Section 11. Section 80-6-1001 is amended to read: |
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479 | | - | 451 80-6-1001. Definitions. |
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480 | | - | 452 As used in this part: |
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481 | | - | 453 (1) "Abstract" means a copy or summary of a court's disposition. |
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482 | | - | 454 (2) (a) "Agency" means a state, county, or local government entity that generates or |
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483 | | - | 455maintains records [relating to a nonjudicial adjustment or an adjudication] for which |
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484 | | - | 456expungement may be ordered under this part. |
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485 | | - | 457 (b) "Agency" includes a local education agency, as defined in Section 53E-1-102, for |
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486 | | - | 458purposes of this part. |
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487 | | - | 459 (3) "Expunge" means to seal or otherwise restrict access to a record that is part of an |
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488 | | - | 460individual's juvenile record and in the custody of the juvenile court or an agency. |
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489 | | - | 461 (4) (a) "Juvenile record" means all records for all incidents of delinquency involving an |
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490 | | - | 462individual that are in the custody of the juvenile court or an agency. |
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491 | | - | 463 (b) "Juvenile record" does not include a record of an adjudication under Chapter 3, |
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492 | | - | 464Abuse, Neglect, or Dependency Proceedings, or Chapter 4, Termination and Restoration of |
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493 | | - | 465Parental Rights. |
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494 | | - | 466 (5) "Petitioner" means an individual requesting an expungement or vacatur under this |
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495 | | - | 467part. |
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496 | | - | 468 [(3) "Expunge" means to seal or otherwise restrict access to an individual's record held |
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497 | | - | 469by a court or an agency when the record relates to a nonjudicial adjustment or an adjudication |
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498 | | - | 470of an offense in the juvenile court.] |
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499 | | - | 471 Section 12. Section 80-6-1001.1, which is renumbered from Section 80-6-1003 is |
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500 | | - | 472renumbered and amended to read: |
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501 | | - | 473 [80-6-1003]. 80-6-1001.1. Court records -- Abstracts. H.B. 60 |
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502 | | - | Enrolled Copy |
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| 515 | + | 491subject to force, fraud, or coercion, as defined in Section 76-5-308.] |
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| 516 | + | 492 (a) An individual who has been adjudicated for an offense by the juvenile court may |
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| 517 | + | 493petition the juvenile court for vacatur of the adjudication if the adjudication was for a violation |
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| 518 | + | 494of: |
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| 519 | + | 495 (i) Section 76-5-308, human trafficking for labor if the petitioner engaged in the human |
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| 520 | + | 496trafficking for labor while subject to force, fraud, or coercion; |
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| 521 | + | 497 (ii) Section 76-10-1302, prostitution; |
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| 522 | + | 498 (iii) Section 76-10-1304, aiding prostitution; or |
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| 523 | + | 499 (iv) Section 76-10-1313, sexual solicitation. |
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| 524 | + | 500 (b) The petitioner shall include in the petition the relevant juvenile court incident |
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| 525 | + | 501number and any agencies known or alleged to have any [documents] records related to the |
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| 526 | + | 502offense for which vacatur is being sought. |
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| 527 | + | 503 (c) The petitioner shall include with the petition the original criminal history report |
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| 528 | + | 504obtained from the Bureau of Criminal Identification in accordance with the provisions of |
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| 529 | + | 505Section 53-10-108. |
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| 530 | + | 506 (d) The petitioner shall send a copy of the petition to the [county attorney or, if within a |
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| 531 | + | 507prosecution district, the district attorney] prosecuting attorney. |
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| 532 | + | 508 (2) (a) Upon the filing of a petition, the juvenile court shall: |
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| 533 | + | 509 (i) set a date for a hearing; and |
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| 534 | + | 510 (ii) at least 30 days before the day on which the hearing on the petition is scheduled, |
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| 535 | + | 511notify the prosecuting attorney and any affected agency identified in the juvenile record: |
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| 536 | + | 512 (A) that a petition has been filed; and |
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| 537 | + | 513 (B) of the date of the hearing. |
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| 538 | + | 514 [(ii) notify the county attorney or district attorney and the agency with custody of the |
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| 539 | + | 515records at least 30 days prior to the hearing of the pendency of the petition; and] |
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| 540 | + | 516 [(iii) notify the county attorney or district attorney and the agency with records the |
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| 541 | + | 517petitioner is asking the juvenile court to vacate of the date of the hearing.] |
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| 542 | + | 518 (b) (i) The juvenile court shall provide a victim with the opportunity to request notice |
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| 543 | + | 519of a petition for vacatur. |
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| 544 | + | 520 [(ii) A victim shall receive notice of a petition for vacatur at least 30 days before the |
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| 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 |
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504 | | - | 474 [(1) (a) Except as otherwise provided in this part, if a minor's juvenile record is |
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505 | | - | 475expunged, and upon a court order, all photographs or records under Section 80-6-608 shall be |
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506 | | - | 476destroyed by an agency.] |
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507 | | - | 477 [(b) A record of a minor's fingerprints may not be destroyed by an agency.] |
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508 | | - | 478 [(2)] (1) A court or agency with custody of an individual's record related to an offense |
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509 | | - | 479that the individual is alleged to have committed, or an offense that the individual committed, |
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510 | | - | 480before the individual was 18 years old may not disclose the record to a federal agency that is |
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511 | | - | 481responsible for criminal justice research or proceedings unless the court or the agency is |
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512 | | - | 482required to share the record under state or federal law. |
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513 | | - | 483 [(3)] (2) An abstract of a [juvenile court] record for [an] a minor's adjudication of a |
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514 | | - | 484traffic offense shall be submitted to the Department of Public Safety as provided in Section |
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515 | | - | 48553-3-218. |
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516 | | - | 486 Section 13. Section 80-6-1002 is amended to read: |
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517 | | - | 487 80-6-1002. Vacatur of an adjudication. |
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518 | | - | 488 (1) [(a) An individual who has been adjudicated under this chapter may petition the |
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519 | | - | 489juvenile court for vacatur of the individual's juvenile court records and any related records in |
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520 | | - | 490the custody of an agency if the record relates to:] |
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521 | | - | 491 [(i) an adjudication under Section 76-10-1302, 76-10-1304, or 76-10-1313; or] |
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522 | | - | 492 [(ii) an adjudication that was based on an offense that the petitioner engaged in while |
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523 | | - | 493subject to force, fraud, or coercion, as defined in Section 76-5-308.] |
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524 | | - | 494 (a) An individual who has been adjudicated for an offense by the juvenile court may |
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525 | | - | 495petition the juvenile court for vacatur of the adjudication if the adjudication was for a violation |
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526 | | - | 496of: |
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527 | | - | 497 (i) Section 76-5-308, human trafficking for labor if the petitioner engaged in the human |
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528 | | - | 498trafficking for labor while subject to force, fraud, or coercion; |
---|
529 | | - | 499 (ii) Section 76-10-1302, prostitution; |
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530 | | - | 500 (iii) Section 76-10-1304, aiding prostitution; or |
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531 | | - | 501 (iv) Section 76-10-1313, sexual solicitation. Enrolled Copy H.B. 60 |
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| 547 | + | 522is incapacitated or deceased, the victim's next of kin or authorized representative,] |
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| 548 | + | 523 (ii) At least 30 days before the day on which the hearing is scheduled, a victim shall |
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| 549 | + | 524receive notice of a petition for vacatur if, before the entry of vacatur, the victim, or the victim's |
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| 550 | + | 525next of kin or authorized representative if the victim is a child or an individual who is |
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| 551 | + | 526incapacitated or deceased, submits a written and signed request for notice to the court in the |
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| 552 | + | 527judicial district in which the crime occurred or judgment was entered. |
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| 553 | + | 528 (iii) The notice shall include a copy of the petition and statutes and rules applicable to |
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| 554 | + | 529the petition. |
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| 555 | + | 530 (c) At the hearing, the petitioner, the prosecuting attorney, a victim, and any other |
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| 556 | + | 531person who may have relevant information about the petitioner may testify. |
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| 557 | + | 532 [(3) (a) At the hearing the petitioner, the county attorney or district attorney, a victim, |
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| 558 | + | 533and any other person who may have relevant information about the petitioner may testify.] |
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| 559 | + | 534 [(b) (i)] (3) (a) In deciding whether to grant a petition for vacatur of an adjudication of |
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| 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 |
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| 562 | + | 537Section 76-5-308,] at the time of the conduct giving rise to the adjudication. |
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| 563 | + | 538 [(ii) (A)] (b) If the juvenile court finds by a preponderance of the evidence that the |
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| 564 | + | 539petitioner was subject to force, fraud, or coercion[, as defined in Section 76-5-308] at the time |
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| 565 | + | 540of the conduct giving rise to the adjudication, the juvenile court shall grant vacatur of the |
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| 566 | + | 541adjudication. |
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| 567 | + | 542 [(B)] (c) If the juvenile court does not find sufficient evidence, the juvenile court shall |
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| 568 | + | 543deny vacatur of the adjudication. |
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| 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 |
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| 571 | + | 546Subsection (1)(a)(ii) through (iv), the juvenile court shall presumptively grant vacatur of the |
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| 572 | + | 547adjudication unless the petitioner acted as a purchaser of any sexual activity. |
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| 573 | + | 548 [(c) If vacatur is granted, the juvenile court shall order sealed all of the petitioner's |
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| 574 | + | 549records under the control of the juvenile court and any of the petitioner's records under the |
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| 575 | + | 550control of any other agency or official] |
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| 576 | + | 551 (5) (a) Except as provided in Subsection (5)(b), if the juvenile court grants a vacatur of |
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| 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 |
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533 | | - | 502 (b) The petitioner shall include in the petition the relevant juvenile court incident |
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534 | | - | 503number and any agencies known or alleged to have any [documents] records related to the |
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535 | | - | 504offense for which vacatur is being sought. |
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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 |
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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 |
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540 | | - | 509prosecution district, the district attorney] prosecuting attorney. |
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541 | | - | 510 (2) (a) Upon the filing of a petition, the juvenile court shall: |
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542 | | - | 511 (i) set a date for a hearing; and |
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543 | | - | 512 (ii) at least 30 days before the day on which the hearing on the petition is scheduled, |
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544 | | - | 513notify the prosecuting attorney and any affected agency identified in the juvenile record: |
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545 | | - | 514 (A) that a petition has been filed; and |
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546 | | - | 515 (B) of the date of the hearing. |
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547 | | - | 516 [(ii) notify the county attorney or district attorney and the agency with custody of the |
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548 | | - | 517records at least 30 days prior to the hearing of the pendency of the petition; and] |
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549 | | - | 518 [(iii) notify the county attorney or district attorney and the agency with records the |
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550 | | - | 519petitioner is asking the juvenile court to vacate of the date of the hearing.] |
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551 | | - | 520 (b) (i) The juvenile court shall provide a victim with the opportunity to request notice |
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552 | | - | 521of a petition for vacatur. |
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553 | | - | 522 [(ii) A victim shall receive notice of a petition for vacatur at least 30 days before the |
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554 | | - | 523hearing if, before the entry of vacatur, the victim or, in the case of a child or an individual who |
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555 | | - | 524is incapacitated or deceased, the victim's next of kin or authorized representative,] |
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556 | | - | 525 (ii) At least 30 days before the day on which the hearing is scheduled, a victim shall |
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557 | | - | 526receive notice of a petition for vacatur if, before the entry of vacatur, the victim, or the victim's |
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558 | | - | 527next of kin or authorized representative if the victim is a child or an individual who is |
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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 |
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561 | | - | Enrolled Copy |
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| 579 | + | 553expungement of all records in the petitioner's juvenile record pertaining to the incident |
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| 580 | + | 554identified in the petition, including relevant related records contained in the Management |
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| 581 | + | 555Information System and the Licensing Information System. |
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| 582 | + | 556 (b) The juvenile court may not order expungement of any record in the petitioner's |
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| 583 | + | 557juvenile record that contains an adjudication for a violation of: |
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| 584 | + | 558 (i) Section 76-5-202, aggravated murder; or |
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| 585 | + | 559 (ii) Section 76-5-203, murder. |
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| 586 | + | 560 [(4)] (6) (a) The petitioner shall be responsible for service of the vacatur and |
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| 587 | + | 561expungement order [of vacatur] to all affected state, county, and local entities, agencies, and |
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| 588 | + | 562officials. |
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| 589 | + | 563 (b) To avoid destruction or [sealing] expungement of the records in whole or in part, |
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| 590 | + | 564the agency or entity receiving the vacatur and expungement order shall only [vacate] expunge |
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| 591 | + | 565all references to the petitioner's name in the records pertaining to the relevant adjudicated |
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| 592 | + | 566juvenile court incident. |
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| 593 | + | 567 (7) (a) Upon entry of a vacatur and expungement order under this section: |
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| 594 | + | 568 (i) the proceedings in the incident identified in the petition are considered never to |
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| 595 | + | 569have occurred; and |
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| 596 | + | 570 (ii) the petitioner may reply to an inquiry on the matter as though the proceedings never |
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| 597 | + | 571occurred. |
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| 598 | + | 572 (b) Upon petition, any record expunged under this section may only be released to or |
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| 599 | + | 573viewed by: |
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| 600 | + | 574 (i) the individual who is the subject of the record; or |
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| 601 | + | 575 (ii) a person named in the petition of vacatur. |
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| 602 | + | 576 [(5) (a) Upon the entry of vacatur, the proceedings in the incident identified in the |
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| 603 | + | 577petition shall be considered never to have occurred and the petitioner may properly reply |
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| 604 | + | 578accordingly upon any inquiry in the matter.] |
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| 605 | + | 579 [(b) Inspection of the records may thereafter only be permitted by the juvenile court |
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| 606 | + | 580upon petition by the individual who is the subject of the records, and only to persons named in |
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| 607 | + | 581the petition.] |
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| 608 | + | 582 [(6) The juvenile court may not vacate a juvenile court record if the record contains an |
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| 609 | + | 583adjudication of:] 2nd Sub. (Gray) H.B. 60 02-16-23 10:44 AM |
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563 | | - | 530 (iii) The notice shall include a copy of the petition and statutes and rules applicable to |
---|
564 | | - | 531the petition. |
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565 | | - | 532 (c) At the hearing, the petitioner, the prosecuting attorney, a victim, and any other |
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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.] |
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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 |
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574 | | - | 541petitioner was subject to force, fraud, or coercion[, as defined in Section 76-5-308] at the time |
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575 | | - | 542of the conduct giving rise to the adjudication, the juvenile court shall grant vacatur of the |
---|
576 | | - | 543adjudication. |
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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 |
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585 | | - | 552control of any other agency or official] |
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586 | | - | 553 (5) (a) Except as provided in Subsection (5)(b), if the juvenile court grants a vacatur of |
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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] |
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| 612 | + | 585 [(b) Section 76-5-203, murder.] |
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| 613 | + | 586 Section 14. Section 80-6-1004.1 is enacted to read: |
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| 614 | + | 587 80-6-1004.1. Petition to expunge adjudication -- Hearing and notice -- Waiver -- |
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| 615 | + | 588Order. |
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| 616 | + | 589 (1) An individual may petition the juvenile court for an order to expunge the |
---|
| 617 | + | 590individual's juvenile record if: |
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| 618 | + | 591 (a) the individual was adjudicated for an offense in the juvenile court; |
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| 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 |
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| 622 | + | 595 (ii) if the individual was committed to secure care, the individual was unconditionally |
---|
| 623 | + | 596released from the custody of the division. |
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| 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. |
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| 627 | + | 600 (3) If the juvenile court finds and states on the record the reason why waiver is |
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| 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. |
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| 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 |
---|
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 |
---|
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 |
---|
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 |
---|
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 |
---|
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 |
---|
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 |
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| 822 | + | 789record of a minor's fingerprints may not be destroyed by an agency. |
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| 823 | + | 790 (b) An agency that receives a copy of an expungement order shall mail an affidavit to |
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| 824 | + | 791the individual who is the subject of the expungement order, or the individual's attorney, that the |
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| 825 | + | 792agency has complied with the expungement order. |
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| 826 | + | 793 (5) Notwithstanding Subsection (4), the Board of Pardons and Parole and the |
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| 827 | + | 794Department of Corrections: |
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| 828 | + | 795 (a) may not disclose records expunged in an expungement order unless required by |
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| 829 | + | 796law; |
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| 830 | + | 797 (b) are not required to destroy any photograph or record created under Section |
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| 831 | + | 79880-6-608; |
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| 832 | + | 799 (c) may use an expunged record for purposes related to incarceration and supervision |
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| 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 |
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769 | | - | 726 (2) If a petitioner is 18 years old or older and seeks an expungement under Subsection |
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770 | | - | 727(1), the petition shall include a criminal history report obtained from the Bureau of Criminal |
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771 | | - | 728Identification in accordance with Section 53-10-108. |
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772 | | - | 729 (3) The juvenile court shall grant a petition described in Subsection (1), without a |
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773 | | - | 730hearing, and order expungement of any record in the petitioner's juvenile record pertaining to |
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774 | | - | 731the incident. |
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775 | | - | 732 Section 18. Section 80-6-1004.5 is enacted to read: |
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776 | | - | 733 80-6-1004.5. Automatic expungement of successful nonjudicial adjustment -- |
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777 | | - | 734Effect of successful nonjudicial adjustment. |
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778 | | - | 735 (1) Except as provided in Subsection (2), the juvenile court shall issue, without a |
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779 | | - | 736petition, an order to expunge an individual's juvenile record if: |
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780 | | - | 737 (a) the individual has reached 18 years old; |
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781 | | - | 738 (b) the individual's juvenile record consists solely of nonjudicial adjustments; |
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782 | | - | 739 (c) the individual has successfully completed each nonjudicial adjustment; and |
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783 | | - | 740 (d) all nonjudicial adjustments were completed on or after October 1, 2023. |
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784 | | - | 741 (2) An individual's juvenile record is not eligible for expungement under Subsection |
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785 | | - | 742(1) if the individual's juvenile record contains a nonjudicial adjustment for a violation of: |
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786 | | - | 743 (a) Section 41-6a-502, driving under the influence; |
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787 | | - | 744 (b) Section 76-5-112, reckless endangerment creating a substantial risk of death or |
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788 | | - | 745serious bodily injury; |
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789 | | - | 746 (c) Section 76-5-206, negligent homicide; |
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790 | | - | 747 (d) Section 76-9-702.1, sexual battery; |
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791 | | - | 748 (e) Section 76-10-505.5, possession of a dangerous weapon, firearm, or short barreled |
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792 | | - | 749shotgun on or about school premises; or |
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793 | | - | 750 (f) Section 76-10-509, possession of a dangerous weapon by a minor. |
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794 | | - | 751 (3) If an individual's juvenile record consists solely of nonjudicial adjustments that |
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795 | | - | 752were completed before October 1, 2023: |
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796 | | - | 753 (a) any nonjudicial adjustment in the individual's juvenile record is considered to never H.B. 60 |
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797 | | - | Enrolled Copy |
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798 | | - | - 28 - |
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799 | | - | 754have occurred if: |
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800 | | - | 755 (i) the individual has reached 18 years old; |
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801 | | - | 756 (ii) the individual has satisfied restitution that was a condition of any nonjudicial |
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802 | | - | 757adjustment in the individual's juvenile record; and |
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803 | | - | 758 (iii) the nonjudicial adjustment was for an offense that is not an offense described in |
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804 | | - | 759Subsection (2); and |
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805 | | - | 760 (b) the individual may reply to any inquiry about the nonjudicial adjustment as though |
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806 | | - | 761there never was a nonjudicial adjustment. |
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807 | | - | 762 Section 19. Section 80-6-1006.1 is enacted to read: |
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808 | | - | 763 80-6-1006.1. Exceptions to expungement order -- Distribution of expungement |
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809 | | - | 764order -- Agency duties -- Effect of expungement -- Access to expunged record. |
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810 | | - | 765 (1) This section applies to an expungement order under Section 80-6-1004.1, |
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811 | | - | 76680-6-1004.2, 80-6-1004.3, 80-6-1004.4, or 80-6-1004.5. |
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812 | | - | 767 (2) The juvenile court may not order: |
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813 | | - | 768 (a) the Board of Pardons and Parole and the Department of Corrections to seal a record |
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814 | | - | 769in the possession of the Board of Pardons and Parole or the Department of Corrections, except |
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815 | | - | 770that the juvenile court may order the Board of Pardons and Parole and the Department of |
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816 | | - | 771Corrections to restrict access to a record if the record is specifically identified in the |
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817 | | - | 772expungement order as a record in the possession of the Board of Pardons and Parole or the |
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818 | | - | 773Department of Corrections; or |
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819 | | - | 774 (b) the Division of Child and Family Services to expunge a record in an individual's |
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820 | | - | 775juvenile record that is contained in the Management Information System or the Licensing |
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821 | | - | 776Information System unless: |
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822 | | - | 777 (i) the record is unsupported; or |
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823 | | - | 778 (ii) after notice and an opportunity to be heard, the Division of Child and Family |
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824 | | - | 779Services stipulates in writing to expunging the record. |
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825 | | - | 780 (3) (a) If the juvenile court issues an expungement order, the juvenile court shall send a |
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826 | | - | 781copy of the expungement order to any affected agency or official identified in the juvenile Enrolled Copy H.B. 60 |
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827 | | - | - 29 - |
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828 | | - | 782record. |
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829 | | - | 783 (b) An individual who is the subject of an expungement order may deliver copies of the |
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830 | | - | 784expungement order to all agencies and officials affected by the expungement order. |
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831 | | - | 785 (4) (a) Upon receipt of an expungement order, an agency shall: |
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832 | | - | 786 (i) to avoid destruction or expungement of records in whole or in part, expunge only |
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833 | | - | 787the references to the individual's name in the records relating to the individual's adjudication, |
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834 | | - | 788nonjudicial adjustment, petition, arrest, investigation, or detention for which expungement is |
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835 | | - | 789ordered; and |
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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. |
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838 | | - | 792 (b) An agency that receives a copy of an expungement order shall mail an affidavit to |
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839 | | - | 793the individual who is the subject of the expungement order, or the individual's attorney, that the |
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840 | | - | 794agency has complied with the expungement order. |
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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; |
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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 |
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849 | | - | 803purpose of making decisions about: |
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850 | | - | 804 (i) the treatment and programming of the individual; |
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851 | | - | 805 (ii) housing of the individual; |
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852 | | - | 806 (iii) applicable guidelines regarding the individual; or |
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853 | | - | 807 (iv) supervision conditions for the individual; |
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854 | | - | 808 (d) are not prohibited from disclosing or sharing any information in an expunged |
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855 | | - | 809record with another agency that uses the same record management system as the Board of H.B. 60 |
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856 | | - | Enrolled Copy |
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857 | | - | - 30 - |
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858 | | - | 810Pardons and Parole or the Department of Corrections; and |
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859 | | - | 811 (e) are not required to mail an affidavit under Subsection (4)(b). |
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860 | | - | 812 (6) Upon entry of an expungement order: |
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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 |
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863 | | - | 815 (b) the individual, who is the subject of the expungement order, may reply to an inquiry |
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864 | | - | 816on the matter as though there never was an adjudication, a nonjudicial adjustment, a petition, |
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865 | | - | 817an arrest, an investigation, or a detention. |
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866 | | - | 818 (7) A record expunged under Section 80-6-1004.1, 80-6-1004.2, 80-6-1004.3, |
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867 | | - | 81980-6-1004.4, or 80-6-1004.5 may be released to, or viewed by, the individual who is the subject |
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868 | | - | 820of the record. |
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869 | | - | 821 Section 20. Repealer. |
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870 | | - | 822 This bill repeals: |
---|
871 | | - | 823 Section 80-6-1004, Requirements to apply to expunge an adjudication. |
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872 | | - | 824 Section 80-6-1005, Nonjudicial adjustment expungement. |
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873 | | - | 825 Section 80-6-1006, Effect of an expunged record -- Agency duties. |
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874 | | - | 826 Section 21. Effective date. |
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875 | | - | 827 This bill takes effect on October 1, 2023. |
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| 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). |
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| 844 | + | 810 (6) Upon entry of an expungement order: |
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| 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, |
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| 849 | + | 815an arrest, an investigation, or a detention. |
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| 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 |
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| 852 | + | 818of the record. |
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| 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. |
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| 858 | + | 824 Section 21. Effective date. |
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| 859 | + | 825 This bill takes effect on October 1, 2023. |
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