Utah House Bill HB0354 Substitute / Bill

                    03-04 19:24	3rd Sub. (Cherry) H.B. 354
Todd Weiler proposes the following substitute bill:
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Criminal Justice Revisions
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ryan D. Wilcox
Senate Sponsor: Kirk A. Cullimore
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LONG TITLE
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General Description:
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This bill creates certain requirements for criminal justice agencies and entities working with
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criminal justice agencies and modifies requirements for certain criminal offenders.
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Highlighted Provisions:
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This bill:
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▸ defines terms;
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▸ adds county attorney offices in counties of the second and third class to the statute
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requiring certain prosecutorial data collection and reporting regarding criminal cases and
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modifies requirements;
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▸ requires a county jail to:
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● collect biometric and other personal information for individuals brought to the county
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jail for processing or booking into custody regardless of whether the county jail
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retains custody of the individual; and
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● to the extent possible, connect an individual in custody with the individual's state
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identification number and use the state identification number in association with any
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records regarding the individual;
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▸ amends the membership of the Public Safety Data Management Task Force;
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▸ requires the State Commission on Criminal and Juvenile Justice (the commission) to
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include certain DUI crash data in an annual DUI report;
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▸ requires the Department of Public Safety's Criminal Investigations and Technical Services
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Division to collect certain DUI crash data and provide the data to the commission;
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▸ establishes law enforcement agency requirements concerning:
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● the collection and reporting of certain DUI crash data;
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● the sharing of information with the Department of Public Safety's statewide criminal
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intelligence system;
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● the collection and reporting of certain lost, stolen, and untraceable firearms; and
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● the collection and reporting of the disposition of firearms in the custody of a law
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enforcement agency;
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▸ requires the commission to receive, compile, and publish law enforcement agency data
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concerning firearms;
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▸ requires law enforcement agencies to supply certain law enforcement officers with a
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portable biometric capture device;
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▸ provides that the public safety data portal is the repository for statutorily required data
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concerning:
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● certain DUI crash data;
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● law enforcement agency reporting requirements for certain firearms data; and
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● certain prosecutorial data collection;
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▸ imposes certain requirements for software service vendors if the software service is for
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use by a criminal justice agency and collects and stores data required by statute to be
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reported to the commission;
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▸ requires prosecutorial agencies and courts to report to the commission data concerning
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enhancements to criminal charges;
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▸ requires all prosecutorial agencies in the state to submit data to the commission
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concerning certain prosecutions, dismissals, and declinations to prosecute;
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▸ exempts certain reporting requirements from law enforcement grant eligibility
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requirements;
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▸ modifies pretrial release data reporting requirements from the Administrative Office of
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the Courts;
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▸ requires the Department of Corrections to conduct a risk assessment for every individual
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convicted of a sex offense that would require the individual to register on the Sex,
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Kidnap, and Child Abuse Offender Registry;
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▸ requires the Department of Corrections, until January 1, 2030, to submit the results of risk
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assessments for sex offenders to the commission;
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▸ reduces the amount of time that must elapse before an offender who is on the Sex,
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Kidnap, and Child Abuse Offender Registry for an offense requiring lifetime registration
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is:
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● able to first petition for early removal from the registry; and
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● able to file an additional petition for early removal if the offender's previous petition is
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denied;
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▸ includes coordination clauses to:
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● merge the changes in this bill and S.B. 41, Sex, Kidnap, and Child Abuse Offender
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Registry Amendments, if both pass and become law; and
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● merge the changes in this bill and and H.B. 436, Impaired Driving Amendments, if
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both pass and become law; and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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This bill provides a special effective date.
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This bill provides coordination clauses.
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Utah Code Sections Affected:
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AMENDS:
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17-18a-203.5 (Effective  07/01/25), as enacted by Laws of Utah 2024, Chapter 538
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17-22-5.5 (Effective  05/07/25), as last amended by Laws of Utah 2024, Chapter 419
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36-29-111 (Effective  05/07/25), as last amended by Laws of Utah 2024, Chapter 506
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41-6a-511 (Effective  05/07/25), as last amended by Laws of Utah 2011, Chapter 51
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63A-16-1002 (Effective  05/07/25), as last amended by Laws of Utah 2024, Chapter 467
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63I-2-277 (Effective  05/07/25), as last amended by Laws of Utah 2024, Third Special
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Session, Chapter 5
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63M-7-204 (Effective  05/07/25), as last amended by Laws of Utah 2024, Chapter 345
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63M-7-216 (Effective  05/07/25), as last amended by Laws of Utah 2024, Chapter 108
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63M-7-218 (Effective  05/07/25), as last amended by Laws of Utah 2024, Chapter 345
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77-20-103 (Effective  05/07/25), as renumbered and amended by Laws of Utah 2021,
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Second Special Session, Chapter 4
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77-41-112 (Effective  05/07/25), as last amended by Laws of Utah 2024, Chapters 116,
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234
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78A-2-109.5 (Effective  05/07/25), as last amended by Laws of Utah 2024, Chapter 319
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ENACTS:
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17-22-35 (Effective  05/07/25), Utah Code Annotated 1953
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53-10-118 (Effective  05/07/25), Utah Code Annotated 1953
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53-25-104 (Effective  05/07/25), Utah Code Annotated 1953
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53-25-105 (Effective  05/07/25), Utah Code Annotated 1953
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53-25-502 (Effective  05/07/25), Utah Code Annotated 1953
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53-25-601 (Effective  05/07/25), Utah Code Annotated 1953
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53-25-602 (Effective  05/07/25), Utah Code Annotated 1953
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63A-16-1004 (Effective  05/07/25), Utah Code Annotated 1953
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63M-7-216.1 (Effective  05/07/25), Utah Code Annotated 1953
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77-41-115 (Effective  05/07/25), Utah Code Annotated 1953
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Utah Code Sections affected by Coordination Clause:
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53-25-104 (Effective  05/07/25), Utah Code Annotated 1953
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63A-16-1002 (Effective  05/07/25), as last amended by Laws of Utah 2024, Chapter 467
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63I-2-277 (Effective  05/07/25), as last amended by Laws of Utah 2024, Third Special
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Session, Chapter 5
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77-41-115 (Effective  05/07/25), Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1.  Section 17-18a-203.5 is amended to read:
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17-18a-203.5  (Effective  07/01/25). District attorney and county attorney data
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collection for counties of the first, second, and third class -- Report.
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[(1) In this section, "prosecution personnel" means:]
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[(a) investigators;]
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[(b) prosecutors;]
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[(c) support staff; or]
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[(d) other individuals paid for their work on the case.]
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[(2)] (1) The district attorney in a county of the first class, and the county attorney in a
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county of the second or third class, shall[:]
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[(a) track the time spent by prosecution personnel on each criminal case, calculated in
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quarter of an hour increments, by the offense classification; and]
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[(b)]   provide a written report to the Law Enforcement and Criminal Justice Interim
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Committee by [November] May 1, annually, beginning on May 1, 2026, to report data
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from the prior calendar year.
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[(3)] (2) The annual report required in Subsection [(2)(b)] (1) shall include the following
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information, organized by the offense classification, for the cases that were active during
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the reporting period:
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[(a) the total number of hours, calculated in quarter of an hour increments, worked on
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the cases by prosecution personnel;]
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[(b)] (a) the average amount of taxpayer dollars spent per case, as calculated by the [
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hours worked and the salary of the prosecution personnel who worked on the case] 
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total number of misdemeanors, juvenile adjudications, and felonies, divided by the
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portion of the attorney's annual budget allocated to prosecution;
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[(c)] 
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(b) the total number of juvenile adjudications, misdemeanors, and felonies;
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(c) the total case numbers and individual prosecutor average annual caseload of felonies
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broken down by sexual offenses, general crimes, and crimes of violence;
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(d) [the cumulative total hours worked and the number of cases, categorized by the
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following] the total number of cases categorized by the most serious charge as follows:
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(i) cases that were [dismissed prior to the filing of charges] referred to the prosecutor's
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office by law enforcement but not filed due to insufficient evidence;
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(ii) cases that were dismissed after charges were filed;
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(iii) cases in which a plea agreement was reached by the parties prior to the
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preliminary hearing;
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(iv) cases that were dismissed by the court after the preliminary hearing;
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(v) cases in which a plea agreement was reached by the parties after the preliminary
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hearing;
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(vi) cases that resulted in [a court ruling in favor of the state] a conviction at trial; and
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(vii) cases that resulted in [a court ruling in favor of the defense] an acquittal at trial;
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and
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[(d)] (e) the average number of days between:
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(i) the filing of criminal charges; and
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(ii)(A) the delivery of discovery information, including witness statements; or
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[(B) the preliminary hearing; or]
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[(C)] (B) the first day of trial[; and] .
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[(e) the average number of attorneys assigned to each case.]
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Section 2.  Section 17-22-5.5 is amended to read:
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17-22-5.5  (Effective  05/07/25). Sheriff's classification of jail facilities --
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Maximum operating capacity of jail facilities -- Transfer or release of prisoners --
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Limitation -- Records regarding release.
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(1)(a) Except as provided in Subsection (4), a county sheriff shall determine:
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(i) subject to Subsection (1)(b), the classification of each jail facility or section of a
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jail facility under the sheriff's control;
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(ii) the nature of each program conducted at a jail facility under the sheriff's control;
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and
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(iii) the internal operation of a jail facility under the sheriff's control.
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(b) A classification under Subsection (1)(a)(i) of a jail facility may not violate any
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applicable zoning ordinance or conditional use permit of the county or municipality.
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(2) Except as provided in Subsection (4), each county sheriff shall:
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(a) with the approval of the county legislative body, establish a maximum operating
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capacity for each jail facility under the sheriff's control, based on facility design and
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staffing; and
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(b) upon a jail facility reaching the jail facility's maximum operating capacity:
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(i) transfer prisoners to another appropriate facility:
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(A) under the sheriff's control; or
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(B) available to the sheriff by contract;
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(ii) release prisoners:
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(A) to a supervised release program, according to release criteria established by
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the sheriff; or
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(B) to another alternative incarceration program developed by the sheriff; or
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(iii) admit prisoners in accordance with law and a uniform admissions policy
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imposed equally upon all entities using the county jail.
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(3)(a) The sheriff shall keep records of the release status and the type of release program
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or alternative incarceration program for any prisoner released under Subsection
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(2)(b)(ii).
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(b) The sheriff shall make these records available upon request to the Department of
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Corrections, the Judiciary, and the Commission on Criminal and Juvenile Justice.
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(4) This section may not be construed to authorize a sheriff to modify provisions of a
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contract with the Department of Corrections to house in a county jail an individual
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sentenced to the Department of Corrections.
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(5) Regardless of whether a jail facility has reached the jail facility's maximum operating
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capacity under Subsection (2), a sheriff may release an individual from a jail facility in
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accordance with Section 17-22-35 and Section 77-20-203 or 77-20-204.
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(6) The sheriff of a county of the first class is encouraged to open and operate all sections
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of a jail facility within the county that is not being used to full capacity.
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Section 3.  Section 17-22-35 is enacted to read:
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17-22-35  (Effective  05/07/25). County jail requirements concerning state
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identification numbers and biometric and other personal information.
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(1) As used in this section, "state identification number" means the number issued by the
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Bureau of Criminal Identification within the Department of Public Safety that
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corresponds to a certain individual.
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(2) If an individual is brought to a county jail for processing or booking into custody, the
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county jail shall, regardless of whether the county jail retains custody of the individual
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or releases the individual due to capacity issues or another reason:
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(a) collect the individual's biometric and other personal information required by law; and
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(b)(i) to the extent possible, connect the individual with the individual's state
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identification number; and
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(ii) if identified, use the individual's state identification number in association with
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any records created or accessed by the county jail concerning the individual.
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Section 4.  Section 36-29-111 is amended to read:
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36-29-111  (Effective  05/07/25). Public Safety Data Management Task Force.
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(1) As used in this section:
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(a) "Cohabitant abuse protective order" means an order issued with or without notice to
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the respondent in accordance with Title 78B, Chapter 7, Part 6, Cohabitant Abuse
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Protective Orders.
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(b) "Lethality assessment" means an evidence-based assessment that is intended to
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identify a victim of domestic violence who is at a high risk of being killed by the
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perpetrator.
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(c) "Task force" means the Public Safety Data Management Task Force created in this
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section.
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(d) "Victim" means an individual who is a victim of domestic violence, as defined in
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Section 77-36-1.
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(2) There is created the Public Safety Data Management Task Force consisting of the
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following members:
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(a) three members of the Senate appointed by the president of the Senate, no more than
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two of whom may be from the same political party;
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(b) three members of the House of Representatives appointed by the speaker of the
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House of Representatives, no more than two of whom may be from the same political
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party; and
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(c) representatives from the following organizations as requested by the executive
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director of the State Commission on Criminal and Juvenile Justice:
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(i) the State Commission on Criminal and Juvenile Justice;
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(ii) the Judicial Council;
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(iii) the Statewide Association of Prosecutors;
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(iv) the Department of Corrections;
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(v) the Department of Public Safety;
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(vi) the Utah Association of Counties;
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(vii) the Utah Chiefs of Police Association;
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(viii) the Utah Sheriffs Association;
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(ix) the Board of Pardons and Parole;
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(x) the Department of Health and Human Services; and
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[(xi) the Utah Division of Indian Affairs; and]
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[(xii)] (xi) any other organizations or groups as recommended by the executive
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director of the Commission on Criminal and Juvenile Justice.
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(3)(a) The president of the Senate shall designate a member of the Senate appointed
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under Subsection (2)(a) as a cochair of the task force.
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(b) The speaker of the House of Representatives shall designate a member of the House
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of Representatives appointed under Subsection (2)(b) as a cochair of the task force.
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(4)(a) A majority of the members of the task force present at a meeting constitutes a
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quorum.
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(b) The action of a majority of a quorum constitutes an action of the task force.
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(5)(a) Salaries and expenses of the members of the task force who are legislators shall be
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paid in accordance with Section 36-2-2 and Legislative Joint Rules, Title 5, Chapter
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3, Legislator Compensation.
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(b) A member of the task force who is not a legislator:
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(i) may not receive compensation for the member's work associated with the task
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force; and
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(ii) may receive per diem and reimbursement for travel expenses incurred as a
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member of the task force at the rates established by the Division of Finance under
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Sections 63A-3-106 and 63A-3-107.
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(6) The State Commission on Criminal and Juvenile Justice shall provide staff support to
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the task force.
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(7) The task force shall review the state's current criminal justice data collection
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requirements and make recommendations regarding:
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(a) possible ways to connect the various records systems used throughout the state so
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that data can be shared between criminal justice agencies and with policymakers;
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(b) ways to automate the collection, storage, and dissemination of the data;
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(c) standardizing the format of data collection and retention;
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(d) the collection of domestic violence data in the state; and
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(e) the collection of data not already required related to criminal justice.
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(8) On or before November 30 of each year, the task force shall provide a report to the Law
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Enforcement and Criminal Justice Interim Committee and the Legislative Management
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Committee that includes:
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(a) recommendations in accordance with Subsection (7)(a);
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(b) information on:
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(i) lethality assessments conducted in the state, including:
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(A) the type of lethality assessments used by law enforcement agencies and other
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organizations that provide domestic violence services; and
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(B) training and protocols implemented by law enforcement agencies and the
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organizations described in Subsection (8)(b)(i)(A) regarding the use of lethality
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assessments;
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(ii) the data collection efforts implemented by law enforcement agencies and the
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organizations described in Subsection (8)(b)(i)(A);
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(iii) the number of cohabitant abuse protective orders that, in the immediately
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preceding calendar year, were:
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(A) issued;
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(B) amended or dismissed before the date of expiration; or
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(C) dismissed under Section 78B-7-605; and
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(iv) the prevalence of domestic violence in the state and the prevalence of the
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following in domestic violence cases:
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(A) stalking;
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(B) strangulation;
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(C) violence in the presence of a child; and
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(D) threats of suicide or homicide;
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(c) a review of and feedback on:
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(i) lethality assessment training and protocols implemented by law enforcement
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agencies and the organizations described in Subsection (8)(b)(i)(A); and
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(ii) the collection of domestic violence data in the state, including:
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(A) the coordination between state, local, and not-for-profit agencies to collect
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data from lethality assessments and on the prevalence of domestic violence,
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including the number of voluntary commitments of firearms under Section
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53-5c-201;
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(B) efforts to standardize the format for collecting domestic violence and lethality
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assessment data from state, local, and not-for-profit agencies within federal
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confidentiality requirements; and
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(C) the need for any additional data collection requirements or efforts; and
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(d) any proposed legislation.
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Section 5.  Section 41-6a-511 is amended to read:
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41-6a-511  (Effective  05/07/25). Courts to collect and maintain data.
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(1) The state courts shall collect and maintain data necessary to allow sentencing and
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enhancement decisions to be made in accordance with this part.
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(2)(a) Each justice court shall transmit dispositions electronically to the Department of
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Public Safety in accordance with the requirement for recertification established by
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the Judicial Council.
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(b) Immediately upon filling the requirements under Subsection (2)(a), a justice court
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shall collect and report the same DUI related data elements collected and maintained
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by the state courts under Subsection (1).
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(3) The department shall maintain an electronic data base for DUI related records and data
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including the data elements received or collected from the courts under this section.
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(4)(a) The Commission on Criminal and Juvenile Justice shall prepare an annual report
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of DUI related data including the following:
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(i) the data collected by the courts under Subsections (1) and (2); [and]
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(ii) the DUI crash data collected from law enforcement agencies under Section
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53-10-118 by the Department of Public Safety's Criminal Investigations and
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Technical Services Division; and
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[(ii)] (iii) any measures for which data are available to evaluate the profile and
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impacts of DUI recidivism and to evaluate the DUI related processes of:
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(A) law enforcement;
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(B) adjudication;
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(C) sanctions;
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(D) driver license control; and
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(E) alcohol education, assessment, and treatment.
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(b) The report shall be provided in writing to the Judiciary and Transportation Interim
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Committees no later than the last day of October following the end of the fiscal year
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for which the report is prepared.
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Section 6.  Section 53-10-118 is enacted to read:
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53-10-118  (Effective  05/07/25). Collection of DUI crash data.
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(1)(a) The division shall collect from every law enforcement agency the following data
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concerning a crash that appears to be connected with a driving under the influence
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offense:
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(i) whether the impaired driver was injured or killed;
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(ii) whether any other individual was injured or killed;
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(iii) whether there was damage to real or personal property; and
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(iv) the following results or findings regarding the driver's impairment:
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(A) blood, breath, or urine alcohol concentration readings; and
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(B) blood, urine, chemical, or similar tests detecting alcohol or other drugs in an
347 
individual.
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(b) In accordance with Section 53-25-104, a law enforcement agency shall provide the
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information described in Subsection (1)(a) in the form and manner requested by the
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division.
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(2) The division shall provide the information collected under Subsection (1) to the
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Commission on Criminal and Juvenile Justice for use in the annual report described in
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Section 41-6a-511.
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The following section is affected by a coordination clause at the end of this bill.
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Section 7.  Section 53-25-104 is enacted to read:
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Part 1. Disclosure and General Reporting Requirements
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53-25-104  (Effective  05/07/25). DUI crash data reporting requirements.
358 
      Beginning on January 1, 2026, a law enforcement agency shall collect and provide to the
359 
department's Criminal Investigations and Technical Services Division the DUI crash data
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described in Section 53-10-118.
361 
Section 8.  Section 53-25-105 is enacted to read:
362 
53-25-105  (Effective  05/07/25). Sharing information with statewide criminal
363 
intelligence system.
364 
      Beginning on July 1, 2025, a law enforcement agency shall:
365 
(1) share information from the law enforcement agency's record management system with
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the department's statewide criminal intelligence system as described in Subsection
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53-10-302(8); and
368 
(2) coordinate with the department to enter into a memorandum of understanding or related
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agreement that may be necessary for the sharing of the information described in
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Subsection (1).
371 
Section 9.  Section 53-25-502 is enacted to read:
372 
 
Part 5. Firearm Reporting Requirements
373 
53-25-502  (Effective  05/07/25). Law enforcement agency reporting requirements
374 
for certain firearm data.
375 
(1) As used in this section:
376 
(a) "Antique firearm" means the same as that term is defined in Section 76-10-501.
377 
(b) "Commission" means the State Commission on Criminal and Juvenile Justice created
378 
in Section 63M-7-201.
379 
(c) "Firearm" means the same as that term is defined in Section 76-10-501.
380 
(d)(i) "Untraceable firearm" means a firearm:
381 
(A) that was manufactured, assembled, or otherwise created in a manner such that
382 
a serial number or other legally required identifying number or marking is not
383 
affixed to the firearm;
384 
(B) that is made of plastic, fiberglass, or another material that would not be
385 
detectable by a detection device commonly used at an airport or other public
386 
building for security screening; or
387 
(C) on which the identifying serial number or other legally required identifying
388 
number or marking has been removed or altered such that the firearm's
389 
provenance cannot be traced.
390 
(ii) "Untraceable firearm" does not include an antique firearm.
391 
(2)(a) Beginning on July 1, 2027, a law enforcement agency shall collect and annually,
392 
on or before April 30, report to the commission the following data for the previous
393 
calendar year:
394 
(i) the number of criminal offenses reported to, or investigated by, the law
395 
enforcement agency in which the law enforcement agency determined that a lost,
396 
stolen, or untraceable firearm was used in the commission of the criminal offense,
397 
categorized by the type of offense; and
398 
(ii) the number of firearms, separated by each category described in Subsections
399 
(2)(a)(ii)(A) through (E), in the custody of the law enforcement agency that were:
400 
(A) returned to the property owner;
401 
(B) destroyed;
402 
(C) retained in evidence or other storage;
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(D) transferred to another governmental entity; or
404 
(E) submitted to a non-governmental entity for sale or disposal under Section
405 
77-11a-403.
406 
(b) A law enforcement agency shall compile the data described in Subsection (2)(a) for
407 
each calendar year in the standardized format developed by the commission under
408 
Subsection (3).
409 
(c) The reporting requirements under Subsection (2)(a)(i) do not apply to a criminal
410 
offense or investigation for an offense under Title 23A, Wildlife Resources Act, that
411 
involves a firearm.
412 
(3) The commission shall:
413 
(a) develop a standardized format for reporting the data described in Subsection (2);
414 
(b) compile the data submitted under Subsection (2); and
415 
(c) annually on or before August 1, publish a report of the data described in Subsection
416 
(2) on the commission's website.
417 
(4) This section does not apply to:
418 
(a) the Department of Corrections; or
419 
(b) a law enforcement agency created under Section 41-3-104.
420 
Section 10.  Section 53-25-601 is enacted to read:
421 
 
Part 6. Law Enforcement Equipment Requirements
422 
53-25-601  (Effective  05/07/25). Definitions.
423 
      As used in this part:
424 
(1)(a) "Biometric data" means data generated by automatic measurements of an
425 
individual's unique biological characteristics.
426 
(b) "Biometric data" includes data described in Subsection (1)(a) that is generated by
427 
automatic measurements of an individual's fingerprint.
428 
(c) "Biometric data" does not include:
429 
(i) a physical or digital photograph;
430 
(ii) a video or audio recording; or
431 
(iii) data generated from an item described in Subsection (1)(c)(i) or (ii).
432 
(2) "Portable biometric capture device" means a device or electronic application that:
433 
(a) is able to accurately capture at least one form of an individual's biometric data;
434 
(b) can be carried by a law enforcement officer, either on the law enforcement officer's
435 
person or in the law enforcement officer's vehicle; and
436 
(c) is capable of transmitting or allowing for the transfer of captured biometric data into
- 13 - 3rd Sub. (Cherry) H.B. 354	03-04 19:24
437 
a law enforcement database so that the captured biometric data can be used to
438 
identify an individual based on the individual's existing biometric data in the law
439 
enforcement database.
440 
Section 11.  Section 53-25-602 is enacted to read:
441 
53-25-602  (Effective  05/07/25). Portable biometric capture method requirement.
442 
      Beginning January 1, 2027, a law enforcement agency shall ensure that every law
443 
enforcement officer who is on duty outside of the law enforcement agency's facility is supplied
444 
with a portable biometric capture device.
445 
The following section is affected by a coordination clause at the end of this bill.
446 
Section 12.  Section 63A-16-1002 is amended to read:
447 
63A-16-1002  (Effective  05/07/25). Public safety portal.
448 
(1) The commission shall oversee the creation and management of a public safety portal for
449 
information and data required to be reported to the commission and accessible to all
450 
criminal justice agencies in the state.
451 
(2) The division shall assist with the development and management of the public safety
452 
portal.
453 
(3) The division, in collaboration with the commission, shall create:
454 
(a) master standards and formats for information submitted to the public safety portal;
455 
(b) a gateway, bridge, website, or other method for reporting entities to provide the
456 
information;
457 
(c) a master data management index or system to assist in the retrieval of information
458 
from the public safety portal;
459 
(d) a protocol for accessing information in the public safety portal that complies with
460 
state privacy regulations; and
461 
(e) a protocol for real-time audit capability of all data accessed from the public safety
462 
portal by participating data source, data use entities, and regulators.
463 
(4) The public safety portal shall be the repository for the statutorily required data described
464 
in:
465 
(a) Section 13-53-111, recidivism reporting requirements;
466 
(b) Section 17-22-32, county jail reporting requirements;
467 
(c) Section 17-55-201, Criminal Justice Coordinating Councils reporting;
468 
(d) Section 26B-1-427, Alcohol Abuse Tracking Committee;
469 
(e) Section 41-6a-511, courts to collect and maintain data;
470 
(f) Section 53-10-118, collection of DUI crash data;
- 14 - 03-04 19:24	3rd Sub. (Cherry) H.B. 354
471 
[(f)] (g) Section 53-25-301, reporting requirements for reverse-location warrants;
472 
[(g)] (h) Section 53-25-202, sexual assault offense reporting requirements for law
473 
enforcement agencies;
474 
[(h)] (i) Section 53E-3-516, school disciplinary and law enforcement action report;
475 
[(i)] (j) Section 53-25-501, reporting requirements for seized firearms;
476 
(k) Section 53-25-502, law enforcement agency reporting requirements for certain
477 
firearm data;
478 
[(j)] (l) Section 63M-7-214, law enforcement agency grant reporting;
479 
[(k)] (m) Section 63M-7-216, prosecutorial data collection;
480 
(n) Section 63M-7-216.1, prosecutorial data collection regarding certain prosecutions,
481 
dismissals, and declinations to prosecute;
482 
[(l)] (o) Section 63M-7-220, domestic violence data collection;
483 
[(m)] (p) Section 64-13-21, supervision of sentenced offenders placed in community;
484 
[(n)] (q) Section 64-13-25, standards for programs;
485 
[(o)] (r) Section 64-13-45, department reporting requirements;
486 
[(p)] (s) Section 64-13e-104, county correctional facility reimbursement program for
487 
state probationary inmates and state parole inmates;
488 
[(q)] (t) Section 77-7-8.5, use of tactical groups;
489 
[(r)] (u) Section 77-11b-404, forfeiture reporting requirements;
490 
[(s)] (v) Section 77-20-103, release data requirements;
491 
[(t)] (w) Section 77-22-2.5, court orders for criminal investigations;
492 
[(u)] (x) Section 78A-2-109.5, court data collection on criminal cases;
493 
[(v)] (y) Section 80-6-104, data collection on offenses committed by minors; and
494 
[(w)] (z) any other statutes [which] that require the collection of specific data and the
495 
reporting of that data to the commission.
496 
(5) Before October 1, 2025, the commission shall report all data collected to the Law
497 
Enforcement and Criminal Justice Interim Committee.
498 
(6) The commission may:
499 
(a) enter into contracts with private or governmental entities to assist entities in
500 
complying with the data reporting requirements of Subsection (4); and
501 
(b) adopt, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
502 
Act, rules to administer this section, including establishing requirements and
503 
procedures for collecting the data described in Subsection (4).
504 
Section 13.  Section 63A-16-1004 is enacted to read:
- 15 - 3rd Sub. (Cherry) H.B. 354	03-04 19:24
505 
63A-16-1004  (Effective  05/07/25). Software service required to be compatible
506 
with public safety portal.
507 
(1) A vendor that operates a software service described in Subsection (2) shall:
508 
(a) establish an automated connection to the commission's public safety portal; and
509 
(b) ensure that the connection described in Subsection (1)(a) is operational within one
510 
year of the criminal justice agency's system that uses the software service becoming
511 
active.
512 
(2) A software service is subject to Subsection (1) if the software service:
513 
(a) is for use by a criminal justice agency within the state's criminal justice system; and
514 
(b) collects and stores data required by statute to be reported to the commission.
515 
Section 14.  Section 63I-2-277 is amended to read:
516 
63I-2-277  (Effective  05/07/25). Repeal dates: Title 77.
517 518 
(1) Subsection 77-23f-102(2)(a)(ii), regarding a notice for certain reverse-location search
519 
warrant applications, is repealed January 1, 2033.
520 
(2) Subsection 77-23f-103(2)(a)(ii), regarding a notice for certain reverse-location search
521 
warrant applications, is repealed January 1, 2033.
522 
(3) Subsection 77-41-115(2)(b), regarding the requirement for the Department of
523 
Corrections to submit the results of risk assessments for sex offenders to the State
524 
Commission on Criminal and Juvenile Justice, is repealed January 1, 2030.
525 
Section 15.  Section 63M-7-204 is amended to read:
526 
63M-7-204  (Effective  05/07/25). Duties of commission.
527 
(1) The commission shall:
528 
(a) promote the commission's purposes as enumerated in Section 63M-7-201;
529 
(b) promote the communication and coordination of all criminal and juvenile justice
530 
agencies;
531 
(c) study, evaluate, and report on the status of crime in the state and on the effectiveness
532 
of criminal justice policies, procedures, and programs that are directed toward the
533 
reduction of crime in the state;
534 
(d) study, evaluate, and report on programs initiated by state and local agencies to
535 
address reducing recidivism, including changes in penalties and sentencing
536 
guidelines intended to reduce recidivism, costs savings associated with the reduction
537 
in the number of inmates, and evaluation of expenses and resources needed to meet
538 
goals regarding the use of treatment as an alternative to incarceration, as resources
539 
allow;
- 16 - 03-04 19:24	3rd Sub. (Cherry) H.B. 354
540 
(e) study, evaluate, and report on policies, procedures, and programs of other
541 
jurisdictions which have effectively reduced crime;
542 
(f) identify and promote the implementation of specific policies and programs the
543 
commission determines will significantly reduce crime in Utah;
544 
(g) provide analysis and recommendations on all criminal and juvenile justice
545 
legislation, state budget, and facility requests, including program and fiscal impact on
546 
all components of the criminal and juvenile justice system;
547 
(h) provide analysis, accountability, recommendations, and supervision for state and
548 
federal criminal justice grant money;
549 
(i) provide public information on the criminal and juvenile justice system and give
550 
technical assistance to agencies or local units of government on methods to promote
551 
public awareness;
552 
(j) promote research and program evaluation as an integral part of the criminal and
553 
juvenile justice system;
554 
(k) provide a comprehensive criminal justice plan annually;
555 
(l) review agency forecasts regarding future demands on the criminal and juvenile
556 
justice systems, including specific projections for secure bed space;
557 
(m) promote the development of criminal and juvenile justice information systems that
558 
are consistent with common standards for data storage and are capable of
559 
appropriately sharing information with other criminal justice information systems by:
560 
(i) developing and maintaining common data standards for use by all state criminal
561 
justice agencies;
562 
(ii) annually performing audits of criminal history record information maintained by
563 
state criminal justice agencies to assess their accuracy, completeness, and
564 
adherence to standards;
565 
(iii) defining and developing state and local programs and projects associated with
566 
the improvement of information management for law enforcement and the
567 
administration of justice; and
568 
(iv) establishing general policies concerning criminal and juvenile justice information
569 
systems and making rules as necessary to carry out the duties under Subsection
570 
(1)(k) and this Subsection (1)(m);
571 
(n) allocate and administer grants, from money made available, for approved education
572 
programs to help prevent the sexual exploitation of children;
573 
(o) allocate and administer grants for law enforcement operations and programs related
- 17 - 3rd Sub. (Cherry) H.B. 354	03-04 19:24
574 
to reducing illegal drug activity and related criminal activity;
575 
(p) request, receive, and evaluate data and recommendations collected and reported by
576 
agencies and contractors related to policies recommended by the commission
577 
regarding recidivism reduction, including the data described in Section 13-53-111
578 
and Subsection 26B-5-102(2)(l);
579 
(q) establish and administer a performance incentive grant program that allocates funds
580 
appropriated by the Legislature to programs and practices implemented by counties
581 
that reduce recidivism and reduce the number of offenders per capita who are
582 
incarcerated;
583 
(r) oversee or designate an entity to oversee the implementation of juvenile justice
584 
reforms;
585 
(s) make rules and administer the juvenile holding room standards and juvenile jail
586 
standards to align with the Juvenile Justice and Delinquency Prevention Act
587 
requirements pursuant to 42 U.S.C. Sec. 5633;
588 
(t) allocate and administer grants, from money made available, for pilot qualifying
589 
education programs;
590 
(u) request, receive, and evaluate the aggregate data collected from prosecutorial
591 
agencies and the Administrative Office of the Courts, in accordance with Sections
592 
63M-7-216, 63M-7-216.1, and 78A-2-109.5;
593 
(v) report annually to the Law Enforcement and Criminal Justice Interim Committee on
594 
the progress made on each of the following goals of the Justice Reinvestment
595 
Initiative:
596 
(i) ensuring oversight and accountability;
597 
(ii) supporting local corrections systems;
598 
(iii) improving and expanding reentry and treatment services; and
599 
(iv) strengthening probation and parole supervision;
600 
(w) compile a report of findings based on the data and recommendations provided under
601 
Section 13-53-111 and Subsection 26B-5-102(2)(n) that:
602 
(i) separates the data provided under Section 13-53-111 by each residential,
603 
vocational and life skills program; and
604 
(ii) separates the data provided under Subsection 26B-5-102(2)(n) by each mental
605 
health or substance use treatment program;
606 
(x) publish the report described in Subsection (1)(w) on the commission's website and
607 
annually provide the report to the Judiciary Interim Committee, the Health and
- 18 - 03-04 19:24	3rd Sub. (Cherry) H.B. 354
608 
Human Services Interim Committee, the Law Enforcement and Criminal Justice
609 
Interim Committee, and the related appropriations subcommittees;
610 
(y) receive, compile, and publish on the commission's website the data provided under:
611 
(i) Section 53-25-202;
612 
(ii) Section 53-25-301; and
613 
(iii) Section 53-25-401;
614 
(z) review, research, advise, and make recommendations to the three branches of
615 
government regarding evidence-based sex offense management policies and
616 
practices, including supervision standards, treatment standards, and the sex offender
617 
registry;
618 
(aa) receive and evaluate a referral from the Department of Public Safety received under
619 
Section 53-21-104.3 involving a denial of mental health resources to an eligible
620 
individual, including, if appropriate in the commission's discretion, deny the relevant
621 
entity from receiving any grant of state funds under Section 63M-7-218 for a
622 
specified period of time; and
623 
(bb) accept public comment.
624 
(2)(a) The commission may designate an entity to perform the duties described in this
625 
part.
626 
(b) If the commission designates an entity under Subsection (2)(a), the commission shall
627 
ensure that the membership of the designated entity includes representation from
628 
relevant stakeholder groups from the parts of the justice system implicated in the
629 
policy area.
630 
(3) in fulfilling the commission's duties under Subsection (1), the commission may seek
631 
input and request assistance from groups with knowledge and expertise in criminal
632 
justice, including other boards and commissions affiliated or housed within the
633 
commission.
634 
Section 16.  Section 63M-7-216 is amended to read:
635 
63M-7-216  (Effective  05/07/25). Prosecutorial data collection -- Policy
636 
transparency.
637 
(1) As used in this section:
638 
(a) "Commission" means the Commission on Criminal and Juvenile Justice created in
639 
Section 63M-7-201.
640 
(b)(i) "Criminal case" means a case where an offender is charged with an offense for
641 
which a mandatory court appearance is required under the Uniform Bail Schedule.
- 19 - 3rd Sub. (Cherry) H.B. 354	03-04 19:24
642 
(ii) "Criminal case" does not mean a case for criminal non-support under Section
643 
76-7-201 or any proceeding involving collection or payment of child support,
644 
medical support, or child care expenses by or on behalf of the Office of Recovery
645 
Services under Section 26B-9-108 or 76-7-202.
646 
(c) "Offense tracking number" means a distinct number applied to each criminal offense
647 
by the Bureau of Criminal Identification.
648 
(d) "Pre-filing diversion" means an agreement between a prosecutor and an individual
649 
prior to being charged with a crime, before an information or indictment is filed, in
650 
which the individual is diverted from the traditional criminal justice system into a
651 
program of supervision and supportive services in the community.
652 
(e) "Post-filing diversion" is as described in Section 77-2-5.
653 
(f) "Prosecutorial agency" means the Office of the Attorney General and any city,
654 
county, or district attorney acting as a public prosecutor.
655 
(g) "Publish" means to make aggregated data available to the general public.
656 
(2) Beginning July 1, 2021, all prosecutorial agencies within the state shall submit the
657 
following data with regards to each criminal case referred to it from a law enforcement
658 
agency to the commission for compilation and analysis:
659 
(a) the defendant's:
660 
(i) full name;
661 
(ii) offense tracking number;
662 
(iii) date of birth; and
663 
(iv) zip code;
664 
(b) referring agency;
665 
(c) whether the prosecutorial agency filed charges, declined charges, initiated a
666 
pre-filing diversion, or asked the referring agency for additional information;
667 
(d) if charges were filed, the case number and the court in which the charges were filed;
668 
(e) all charges brought against the defendant;
669 
(f) if applicable, all enhancements to the charges against the defendant;
670 
[(f)] (g) whether bail was requested and, if so, the requested amount;
671 
[(g)] (h) the date of initial discovery disclosure;
672 
[(h)] (i) whether post-filing diversion was offered and, if so, whether it was entered;
673 
[(i)] (j) if post-filing diversion or other plea agreement was accepted, the date entered by
674 
the court; and
675 
[(j)] (k) the date of conviction, acquittal, plea agreement, dismissal, or other disposition
- 20 - 03-04 19:24	3rd Sub. (Cherry) H.B. 354
676 
of the case.
677 
(3)(a) The information required by Subsection (2), including information that was
678 
missing or incomplete at the time of an earlier submission but is presently available,
679 
shall be submitted within 90 days of the last day of March, June, September, and
680 
December of each year for the previous 90-day period in the form and manner
681 
selected by the commission.
682 
(b) If the last day of the month is a Saturday, Sunday, or state holiday, the information
683 
shall be submitted on the next working day.
684 
(4) The prosecutorial agency shall maintain a record of all information collected and
685 
transmitted to the commission for 10 years.
686 
(5) The commission shall include in the plan required by Subsection 63M-7-204(1)(k) an
687 
analysis of the data received, comparing and contrasting the practices and trends among
688 
and between prosecutorial agencies in the state. The Law Enforcement and Criminal
689 
Justice Interim Committee may request an in-depth analysis of the data received
690 
annually. Any request shall be in writing and specify which data points the report shall
691 
focus on.
692 
(6) The commission may provide assistance to prosecutorial agencies in setting up a
693 
method of collecting and reporting data required by this section.
694 
(7) Beginning January 1, 2021, all prosecutorial agencies shall publish specific office
695 
policies. If the agency does not maintain a policy on a topic in this subsection, the
696 
agency shall affirmatively disclose that fact. Policies shall be published online on the
697 
following topics:
698 
(a) screening and filing criminal charges;
699 
(b) plea bargains;
700 
(c) sentencing recommendations;
701 
(d) discovery practices;
702 
(e) prosecution of juveniles, including whether to prosecute a juvenile as an adult;
703 
(f) collection of fines and fees;
704 
(g) criminal and civil asset forfeiture practices;
705 
(h) services available to victims of crime, both internal to the prosecutorial office and by
706 
referral to outside agencies;
707 
(i) diversion programs; and
708 
(j) restorative justice programs.
709 
Section 17.  Section 63M-7-216.1 is enacted to read:
- 21 - 3rd Sub. (Cherry) H.B. 354	03-04 19:24
710 
63M-7-216.1  (Effective  05/07/25). Prosecutorial data collection regarding certain
711 
prosecutions, dismissals, and declinations to prosecute.
712 
(1) Beginning January 1, 2026, all prosecutorial agencies within the state shall collect and
713 
submit the following data to the commission:
714 
(a) the number of prosecutions during the previous calendar year in which charges were
715 
brought against an individual based on the individual's false accusation that a felony
716 
or misdemeanor had occurred;
717 
(b) the disposition of each prosecution described in Subsection (1)(a); and
718 
(c) the number of cases during the previous calendar year for which an alleged violation
719 
of any felony or misdemeanor was dismissed or declined:
720 
(i) based on evidence that no crime was committed or attempted;
721 
(ii) based on insufficient evidence to establish a likelihood of success at trial; or
722 
(iii) because the victim was unable to participate.
723 
(2) The information required by Subsection (1) shall be submitted to the commission in the
724 
form and manner selected by the commission.
725 
Section 18.  Section 63M-7-218 is amended to read:
726 
63M-7-218  (Effective  05/07/25). State grant requirements.
727 
(1) Except as provided in Subsection (2), the commission may not award a grant of state
728 
funds to an entity subject to, and not in compliance with, the reporting requirements in
729 
Subsection 63A-16-1002(4).
730 
(2)(a) The commission may award a grant to an entity under Section 63A-16-1003 even
731 
if the entity is not in compliance with the reporting requirements described in
732 
Subsection 63A-16-1002(4).
733 
(b) Subsection (1) does not apply to the law enforcement reporting requirements for
734 
certain firearm data described in Section 53-25-502.
735 
(3) Beginning July 1, 2025, the commission may not award any grant of state funds to an
736 
entity subject to the requirements under Sections 53-21-102 and 53-21-104.3, if the
737 
commission has determined under Subsection 63M-7-204(1)(aa) that the entity is
738 
currently not eligible to receive state grant funds under this section.
739 
Section 19.  Section 77-20-103 is amended to read:
740 
77-20-103  (Effective  05/07/25). Release data requirements.
741 
(1) The Administrative Office of the Courts shall submit the following data on cases
742 
involving individuals for whom the Administrative Office of the Courts has a state
743 
identification number broken down by judicial district to the Commission on Criminal
- 22 - 03-04 19:24	3rd Sub. (Cherry) H.B. 354
744 
and Juvenile Justice before July 1 of each year:
745 
(a) for the preceding calendar year:
746 
(i) the number of individuals charged with a criminal offense who failed to appear at
747 
a required court preceding while on pretrial release under each of the following
748 
categories of release, separated by each type of release:
749 
(A) the individual's own recognizance;
750 
(B) a financial condition; and
751 
(C) a release condition other than a financial condition;
752 
(ii) the number of offenses that carry a potential penalty of incarceration an
753 
individual committed while on pretrial release under each of the following
754 
categories of release, separated by each type of release:
755 
(A) the individual's own recognizance;
756 
(B) a financial condition; and
757 
(C) a release condition other than a financial condition; and
758 
(iii) the total amount of fees and fines, including bond forfeiture, collected by the
759 
court from an individual for the individual's failure to comply with a condition of
760 
release under each of the following categories of release, separated by each type
761 
of release:
762 
(A) an individual's own recognizance;
763 
(B) a financial condition; and
764 
(C) a release condition other than a financial condition; and
765 
(b) at the end of the preceding calendar year:
766 
(i) the total number of outstanding warrants of arrest for individuals who were
767 
released from law enforcement custody on pretrial release under each of the
768 
following categories of release, separated by each type of release:
769 
(A) the individual's own recognizance;
770 
(B) a financial condition; and
771 
(C) a release condition other than a financial condition;
772 
(ii) for each of the categories described in Subsection (1)(b)(i), the average length of
773 
time that the outstanding warrants had been outstanding; and
774 
(iii) for each of the categories described in Subsection (1)(b)(i), the number of
775 
outstanding warrants for arrest for crimes of each of the following categories:
776 
(A) a first degree felony;
777 
(B) a second degree felony;
- 23 - 3rd Sub. (Cherry) H.B. 354	03-04 19:24
778 
(C) a third degree felony;
779 
(D) a class A misdemeanor;
780 
(E) a class B misdemeanor; and
781 
(F) a class C misdemeanor.
782 
(2) The data described in Subsection (1) shall include cases involving pretrial release by a
783 
temporary pretrial status order and a pretrial release order.
784 
(3) Each county jail shall submit the following data, based on the preceding calendar year,
785 
to the Commission of Criminal and Juvenile Justice before July 1 of each year:
786 
(a) the number of individuals released upon payment of monetary bail before appearing
787 
before a court;
788 
(b) the number of individuals released on the individual's own recognizance before
789 
appearing before a court; and
790 
(c) the amount of monetary bail, any fees, and any other money paid by or on behalf of
791 
individuals collected by the county jail.
792 
[(3)] (4) The Commission on Criminal and Juvenile Justice shall compile the data collected
793 
under this section and shall submit the compiled data in an electronic report to the Law
794 
Enforcement and Criminal Justice Interim Committee before November 1 of each year.
795 
Section 20.  Section 77-41-112 is amended to read:
796 
77-41-112  (Effective  05/07/25). Removal from registry -- Requirements --
797 
Procedure.
798 
(1) An offender who is required to register with the Sex, Kidnap, and Child Abuse Offender
799 
Registry may petition the court for an order removing the offender from the Sex,
800 
Kidnap, and Child Abuse Offender Registry if:
801 
(a)(i) the offender was convicted of an offense described in Subsection (2);
802 
(ii) at least five years have passed after the day on which the offender's sentence for
803 
the offense terminated;
804 
(iii) the offense is the only offense for which the offender was required to register;
805 
(iv) the offender has not been convicted of another offense, excluding a traffic
806 
offense, since the day on which the offender was convicted of the offense for
807 
which the offender is required to register, as evidenced by a certificate of
808 
eligibility issued by the bureau;
809 
(v) the offender successfully completed all treatment ordered by the court or the
810 
Board of Pardons and Parole relating to the offense; and
811 
(vi) the offender has paid all restitution ordered by the court or the Board of Pardons
- 24 - 03-04 19:24	3rd Sub. (Cherry) H.B. 354
812 
and Parole relating to the offense;
813 
(b)(i) the offender is required to register in accordance with Subsection 77-41-105
814 
(3)(a);
815 
(ii) at least 10 years have passed after the later of:
816 
(A) the day on which the offender was placed on probation;
817 
(B) the day on which the offender was released from incarceration to parole;
818 
(C) the day on which the offender's sentence was terminated without parole;
819 
(D) the day on which the offender entered a community-based residential
820 
program; or
821 
(E) for a minor, as defined in Section 80-1-102, the day on which the division's
822 
custody of the offender was terminated;
823 
(iii) the offender has not been convicted of another offense that is a class A
824 
misdemeanor, felony, or capital felony within the most recent 10-year period after
825 
the date described in Subsection (1)(b)(ii), as evidenced by a certificate of
826 
eligibility issued by the bureau;
827 
(iv) the offender successfully completed all treatment ordered by the court or the
828 
Board of Pardons and Parole relating to the offense; and
829 
(v) the offender has paid all restitution ordered by the court or the Board of Pardons
830 
and Parole relating to the offense; or
831 
(c)(i) the offender is required to register in accordance with Subsection 77-41-105
832 
(3)(c);
833 
(ii) at least [20] 12 years have passed after the later of:
834 
(A) the day on which the offender was placed on probation;
835 
(B) the day on which the offender was released from incarceration to parole;
836 
(C) the day on which the offender's sentence was terminated without parole;
837 
(D) the day on which the offender entered a community-based residential
838 
program; or
839 
(E) for a minor, as defined in Section 80-1-102, the day on which the division's
840 
custody of the offender was terminated;
841 
(iii) the offender has not been convicted of another offense that is a class A
842 
misdemeanor, felony, or capital felony within the most recent [20-year] 12-year
843 
period after the date described in Subsection (1)(c)(ii), as evidenced by a
844 
certificate of eligibility issued by the bureau;
845 
(iv) the offender completed all treatment ordered by the court or the Board of
- 25 - 3rd Sub. (Cherry) H.B. 354	03-04 19:24
846 
Pardons and Parole relating to the offense;
847 
(v) the offender has paid all restitution ordered by the court or the Board of Pardons
848 
and Parole relating to the offense; and
849 
(vi) the offender submits to an evidence-based risk assessment to the court, with the
850 
offender's petition, that:
851 
(A) meets the standards for the current risk assessment, score, and risk level
852 
required by the Board of Pardons and Parole for parole termination requests;
853 
(B) is completed within the six months before the date on which the petition is
854 
filed; and
855 
(C) describes the evidence-based risk assessment of the current level of risk to the
856 
safety of the public posed by the offender.
857 
(2) The offenses referred to in Subsection (1)(a)(i) are:
858 
(a) enticing a minor under Section 76-4-401, if the offense is a class A misdemeanor;
859 
(b) kidnapping under Section 76-5-301;
860 
(c) unlawful detention under Section 76-5-304, if the conviction of violating Section
861 
76-5-304 is the only conviction for which the offender is required to register;
862 
(d) unlawful sexual activity with a minor under Section 76-5-401, if, at the time of the
863 
offense, the offender is not more than 10 years older than the victim;
864 
(e) sexual abuse of a minor under Section 76-5-401.1, if, at the time of the offense, the
865 
offender is not more than 10 years older than the victim;
866 
(f) unlawful sexual conduct with a 16 or 17 year old under Section 76-5-401.2, and at
867 
the time of the offense, the offender is not more than 15 years older than the victim;
868 
(g) voyeurism under Section 76-9-702.7, if the offense is a class A misdemeanor; or
869 
(h) an offense for which an individual is required to register under Subsection 77-41-102
870 
(1)(c), (11)(c), or (19)(c), if the offense is not substantially equivalent to an offense
871 
described in Subsection 77-41-102(1)(a), (11)(a), or (19)(a).
872 
(3)(a)(i) An offender seeking removal from the Sex, Kidnap, and Child Abuse
873 
Offender Registry under this section shall apply for a certificate of eligibility from
874 
the bureau.
875 
(ii) An offender who intentionally or knowingly provides false or misleading
876 
information to the bureau when applying for a certificate of eligibility is guilty of
877 
a class B misdemeanor and subject to prosecution under Section 76-8-504.6.
878 
(iii) Regardless of whether the offender is prosecuted, the bureau may deny a
879 
certificate of eligibility to an offender who provides false information on an
- 26 - 03-04 19:24	3rd Sub. (Cherry) H.B. 354
880 
application.
881 
(b)(i) The bureau shall:
882 
(A) perform a check of records of governmental agencies, including national
883 
criminal databases, to determine whether an offender is eligible to receive a
884 
certificate of eligibility; and
885 
(B) determine whether the offender meets the requirements described in
886 
Subsection (1)(a)(ii), (a)(v), (a)(vi), (b)(ii), (b)(iv), (b)(v), (c)(ii), (c)(iv), or
887 
(c)(v).
888 
(ii) If the offender meets the requirements described in Subsection (1)(a), (b), or (c),
889 
the bureau shall issue a certificate of eligibility to the offender, which is valid for a
890 
period of 90 days after the day on which the bureau issues the certificate.
891 
(4)(a)(i) The bureau shall charge application and issuance fees for a certificate of
892 
eligibility in accordance with the process in Section 63J-1-504.
893 
(ii) The application fee shall be paid at the time the offender submits an application
894 
for a certificate of eligibility to the bureau.
895 
(iii) If the bureau determines that the issuance of a certificate of eligibility is
896 
appropriate, the offender will be charged an additional fee for the issuance of a
897 
certificate of eligibility.
898 
(b) Funds generated under this Subsection (4) shall be deposited into the General Fund
899 
as a dedicated credit by the department to cover the costs incurred in determining
900 
eligibility.
901 
(5)(a) The offender shall file the petition, including original information, the court
902 
docket, the certificate of eligibility from the bureau, and the document from the
903 
department described in Subsection (3)(b)(iv) with the court, and deliver a copy of
904 
the petition to the office of the prosecutor.
905 
(b) Upon receipt of a petition for removal from the Sex, Kidnap, and Child Abuse
906 
Offender Registry, the office of the prosecutor shall provide notice of the petition by
907 
first-class mail to the victim at the most recent address of record on file or, if the
908 
victim is still a minor under 18 years old, to the parent or guardian of the victim.
909 
(c) The notice described in Subsection (5)(b) shall include a copy of the petition, state
910 
that the victim has a right to object to the removal of the offender from the registry,
911 
and provide instructions for registering an objection with the court.
912 
(d) The office of the prosecutor shall provide the following, if available, to the court
913 
within 30 days after the day on which the office receives the petition:
- 27 - 3rd Sub. (Cherry) H.B. 354	03-04 19:24
914 
(i) presentencing report;
915 
(ii) an evaluation done as part of sentencing; and
916 
(iii) other information the office of the prosecutor determines the court should
917 
consider.
918 
(e) The victim, or the victim's parent or guardian if the victim is a minor under 18 years
919 
old, may respond to the petition by filing a recommendation or objection with the
920 
court within 45 days after the day on which the petition is mailed to the victim.
921 
(6)(a) The court shall:
922 
(i) review the petition and all documents submitted with the petition; and
923 
(ii) hold a hearing if requested by the prosecutor or the victim.
924 
(b)(i) Except as provided in Subsections (6)(b)(ii) and (iii), the court may grant the
925 
petition and order removal of the offender from the registry if the court determines
926 
that the offender has met the requirements described in Subsection (1)(a) or (b)
927 
and removal is not contrary to the interests of the public.
928 
(ii) When considering a petition filed under Subsection (1)(c), the court shall
929 
determine whether the offender has demonstrated, by clear and convincing
930 
evidence, that the offender is rehabilitated and does not pose a threat to the safety
931 
of the public.
932 
(iii) In making the determination described in Subsection (6)(b)(ii), the court may
933 
consider:
934 
(A) the nature and degree of violence involved in the offense that requires
935 
registration;
936 
(B) the age and number of victims of the offense that requires registration;
937 
(C) the age of the offender at the time of the offense that requires registration;
938 
(D) the offender's performance while on supervision for the offense that requires
939 
registration;
940 
(E) the offender's stability in employment and housing;
941 
(F) the offender's community and personal support system;
942 
(G) other criminal and relevant noncriminal behavior of the offender both before
943 
and after the offense that requires registration;
944 
(H) the level of risk posed by the offender as evidenced by the evidence-based risk
945 
assessment described in Subsection (1)(c)(vi); and
946 
(I) any other relevant factors.
947 
(c) In determining whether removal is contrary to the interests of the public, the court
- 28 - 03-04 19:24	3rd Sub. (Cherry) H.B. 354
948 
may not consider removal unless the offender has substantially complied with all
949 
registration requirements under this chapter at all times.
950 
(d) If the court grants the petition, the court shall forward a copy of the order directing
951 
removal of the offender from the registry to the department and the office of the
952 
prosecutor.
953 
(e)(i) Except as provided in Subsection (6)(e)(ii), if the court denies the petition, the
954 
offender may not submit another petition for three years.
955 
(ii) If the offender files a petition under Subsection (1)(c) and the court denies the
956 
petition, the offender may not submit another petition for [eight] five years.
957 
(7) The court shall notify the victim and the Sex, Kidnap, and Child Abuse Offender
958 
Registry office in the department of the court's decision within three days after the day
959 
on which the court issues the court's decision in the same manner described in
960 
Subsection (5).
961 
(8) Except as provided in Subsection (9), an offender required to register under Subsection
962 
77-41-105(3)(b) may petition for early removal from the registry under Subsection
963 
(1)(b) if the offender:
964 
(a) meets the requirements of Subsections (1)(b)(ii) through (v);
965 
(b) has resided in this state for at least 183 days in a year for two consecutive years; and
966 
(c) intends to primarily reside in this state.
967 
(9) An offender required to register under Subsection 77-41-105(3)(b) for life may petition
968 
for early removal from the registry under Subsection (1)(c) if:
969 
(a) the offense requiring the offender to register is substantially equivalent to an offense
970 
listed in Section 77-41-106;
971 
(b) the offender meets the requirements of Subsections (1)(c)(ii) through (vi);
972 
(c) the offender has resided in this state for at least 183 days in a year for two
973 
consecutive years; and
974 
(d) the offender intends to primarily reside in this state.
975 
The following section is affected by a coordination clause at the end of this bill.
976 
Section 21.  Section 77-41-115 is enacted to read:
977 
77-41-115  (Effective  05/07/25). Sex offender risk assessment -- Department of
978 
Corrections responsibilities.
979 
(1) As used in this section:
980 
(a) "Dynamic factors" means an individual's individual characteristics, issues, resources,
981 
or circumstances that:
- 29 - 3rd Sub. (Cherry) H.B. 354	03-04 19:24
982 
(i) can change or be influenced; and
983 
(ii) affect the risk of:
984 
(A) recidivism; or
985 
(B) violating conditions of probation or parole.
986 
(b) "Multi-domain assessment" means an evaluation process or tool that reports in
987 
quantitative and qualitative terms an offender's condition, stability, needs, resources,
988 
dynamic factors, and static factors that affect the offender's transition into the
989 
community and compliance with conditions of probation or parole.
990 
(c) "Static factors" means an individual's individual characteristics, issues, resources, or
991 
circumstances that:
992 
(i) are unlikely to be changeable or influenced; and
993 
(ii) affect the risk of:
994 
(A) recidivism; or
995 
(B) violating conditions of probation or parole.
996 
(2) The Department of Corrections shall:
997 
(a) for a sex offender convicted after May 7, 2025, of an offense committed in this state
998 
described in Subsection 77-41-102(19)(a), conduct, if available, multi-domain
999 
assessments that are validated for the population and offense type of the individual to
1000 
inform the treatment and supervision needs of the individual; and
1001 
(b) 30 days after the day on which a calendar quarterly period ends, submit the results of
1002 
any risk assessments completed under Subsection (2)(a) during the preceding quarter
1003 
to the State Commission on Criminal and Juvenile Justice.
1004 
Section 22.  Section 78A-2-109.5 is amended to read:
1005 
78A-2-109.5  (Effective  05/07/25). Court data collection and reporting.
1006 
(1) As used in this section, "commission" means the Commission on Criminal and Juvenile
1007 
Justice created in Section 63M-7-201.
1008 
(2) The Administrative Office of the Courts shall submit the following information to the
1009 
commission for each criminal case filed with the court:
1010 
(a) case number;
1011 
(b) the defendant's:
1012 
(i) full name;
1013 
(ii) offense tracking number; and
1014 
(iii) date of birth;
1015 
(c) charges filed;
- 30 - 03-04 19:24	3rd Sub. (Cherry) H.B. 354
1016 
(d) if applicable, all enhancements to the charges against the defendant;
1017 
[(d)] (e) initial appearance date;
1018 
[(e)] (f) bail amount set by the court, if any;
1019 
[(f)] (g) whether the defendant was represented by a public defender, private counsel, or
1020 
pro se;
1021 
[(g)] (h) whether the defendant has previously been convicted of an offense;
1022 
[(h)] (i) final disposition of the charges; and
1023 
[(i)] (j) if the defendant is convicted, the defendant's total score for any pretrial risk
1024 
assessment used by a magistrate or judge in making a determination about pretrial
1025 
release as described in Section 77-20-205.
1026 
(3)(a) The Administrative Office of the Courts shall submit the information described in
1027 
Subsection (2) to the commission on the 15th day of July and January of each year
1028 
for the previous six-month period ending the last day of June and December of each
1029 
year in the form and manner selected by the commission.
1030 
(b) If the last day of the month is a Saturday, Sunday, or state holiday, the
1031 
Administrative Office of the Courts shall submit the information described in
1032 
Subsection (2) to the commission on the next working day.
1033 
(4) Before July 1 of each year, the Administrative Office of the Courts shall submit the
1034 
following data on cases involving individuals charged with class A misdemeanors and
1035 
felonies, broken down by judicial district, to the commission for each preceding calendar
1036 
year:
1037 
(a) the number of cases in which a preliminary hearing is set and placed on the court
1038 
calendar;
1039 
(b) the median and range of the number of times that a preliminary hearing is continued
1040 
in cases in which a preliminary hearing is set and placed on the court calendar;
1041 
(c) the number of cases, and the average time to disposition for those cases, in which
1042 
only written statements from witnesses are submitted as probable cause at the
1043 
preliminary hearing;
1044 
(d) the number of cases, and the average time to disposition for those cases, in which
1045 
written statements and witness testimony are submitted as probable cause at the
1046 
preliminary hearing;
1047 
(e) the number of cases, and the average time to disposition for those cases, in which
1048 
only witness testimony is submitted as probable cause at the preliminary hearing; and
1049 
(f) the number of cases in which a preliminary hearing is held and the defendant is
- 31 - 3rd Sub. (Cherry) H.B. 354	03-04 19:24
1050 
bound over for trial.
1051 
(5) The commission shall include the data collected under Subsection (4) in the
1052 
commission's annual report described in Section 63M-7-205.
1053 
(6) No later than November 1, 2027, the Administrative Office of the Courts shall provide
1054 
the Law Enforcement and Criminal Justice Interim Committee with a written report on,
1055 
for each fiscal year that begins on and after July 1, 2024:
1056 
(a) the total number of offenses, including the level of each offense, for which an
1057 
enhancement was sought under Section 76-3-203.17;
1058 
(b) the total number of offenses, including the level of each offense, that were enhanced
1059 
under Section 76-3-203.17; and
1060 
(c) the total amount of fines that were imposed under Section 76-3-203.17.
1061 
Section 23.  Effective Date.
1062 
(1) Except as provided in Subsection (2), this bill takes effect May 7, 2025.
1063 
(2) The actions affecting Section 17-18a-203.5  (Effective  07/01/25) take effect on July 1,
1064 
2025.
1065 
Section 24.  Coordinating H.B. 354 with S.B. 41.
1066 
If H.B. 354, Criminal Justice Revisions, and S.B. 41, Sex, Kidnap, and Child Abuse
1067 
Offender Registry Amendments, both pass and become law, the Legislature intends that, on
1068 
May 7, 2025:
1069 
(1) Subsection 53-29-205(3)(y), enacted in S.B. 41, be amended to read:
1070 
      "(y) an offense described in Subsection 53-29-203(1)(b) that would otherwise be subject
1071 
to a 12-year petition for removal as described in Section 53-29-206, if:
1072 
           (i) the sentencing court determines that the offender was under 21 years old at the
1073 
time the offense was committed; and
1074 
           (ii) the offense did not involve force or coercion as described in Subsection
1075 
53-29-203(3).";
1076 
(2) Subsection 53-29-206(1), enacted in S.B. 41, be amended to read:
1077 
      "(1) An offender who is required to register on the registry for a registrable offense
1078 
subject to a lifetime registration period described in Subsection 53-29-203(1)(b) is eligible to
1079 
petition the court under Section 53-29-207 for an order of removal from the registry at a
1080 
12-year entrance into the community period described in Subsection (2) if:
1081 
           (a) the offender has not been convicted of another offense that is a class A
1082 
misdemeanor, felony, or capital felony within the most recent 12-year period after the date
1083 
described in Subsection (2), as evidenced by a certificate of eligibility issued by the bureau;
- 32 - 03-04 19:24	3rd Sub. (Cherry) H.B. 354
1084 
           (b) the offender successfully completed all treatment ordered by the court or the
1085 
Board of Pardons and Parole relating to the offense;
1086 
           (c) the offender has paid all restitution ordered by the court or the Board of Pardons
1087 
and Parole relating to the offense; and
1088 
           (d) the offender submits to an evidence-based risk assessment that:
1089 
                (i) meets the standards for the current risk assessment, score, and risk level
1090 
required by the Board of Pardons and Parole for parole termination requests;
1091 
                (ii) is completed within the six months before the date on which the petition is
1092 
filed; and
1093 
                (iii) describes the evidence-based risk assessment of the current level of risk to the
1094 
safety of the public posed by the offender.";
1095 
(3) Subsection 53-29-206(2), enacted in S.B. 41, be amended to read:
1096 
      "(2) An offender who qualifies under Subsection (1) may petition the court under
1097 
Section 53-29-207 for an order of removal from the registry if 12 years have passed after the
1098 
later of the following events in which the offender has entered into the community:
1099 
           (a) the day on which the offender was placed on probation;
1100 
           (b) the day on which the offender was released from incarceration to parole;
1101 
           (c) the day on which the offender's sentence was terminated without parole;
1102 
           (d) the day on which the offender entered a community-based residential program; or
1103 
           (e) for a minor, as defined in Section 80-1-102, the day on which the division's
1104 
custody of the offender was terminated.";
1105 
(4) Subsection 53-29-207(2)(a)(iii), enacted in S.B. 41, be amended to read:
1106 
      "(iii) Subsections 53-29-206(1) and (2), if the offender is seeking a 12-year petition for
1107 
removal; and";
1108 
(5) Subsection 53-29-207(6)(b)(ii), enacted in S.B. 41, be amended to read:
1109 
      "(ii) When considering a petition filed by an offender subject to a lifetime registration
1110 
requirement and eligible for a 12-year petition for removal from the registry as described in
1111 
Section 53-29-206, the court shall determine whether the offender has demonstrated, by clear
1112 
and convincing evidence, that the offender is rehabilitated and does not pose a threat to the
1113 
safety of the public.";
1114 
(6) Subsection 53-29-207(6)(e)(ii), enacted in S.B. 41, be amended to read:
1115 
      "(ii) If the offender is an offender subject to a lifetime registration requirement and
1116 
eligible for a 12-year petition for removal from the registry as described in Section 53-29-206
1117 
and files a petition for removal that is denied by the court, the offender may not submit another
- 33 - 3rd Sub. (Cherry) H.B. 354	03-04 19:24
1118 
petition for five years after the day on which the court denied the petition.";
1119 
(7) Section 53-29-302, enacted in S.B. 41, have the following subsection inserted as
1120 
Subsection (1) and the remaining subsections be renumbered accordingly:
1121 
"(1) As used in this section:
1122 
      (a) "Dynamic factors" means an individual's individual characteristics, issues, resources,
1123 
or circumstances that:
1124 
           (i) can change or be influenced; and
1125 
           (ii) affect the risk of:
1126 
                (A) recidivism; or
1127 
                (B) violating conditions of probation or parole.
1128 
      (b) "Multi-domain assessment" means an evaluation process or tool that reports in
1129 
quantitative and qualitative terms an offender's condition, stability, needs, resources, dynamic
1130 
factors, and static factors that affect the offender's transition into the community and
1131 
compliance with conditions of probation or parole.
1132 
      (c) "Static factors" means an individual's individual characteristics, issues, resources, or
1133 
circumstances that:
1134 
           (i) are unlikely to be changeable or influenced; and
1135 
           (ii) affect the risk of:
1136 
                (A) recidivism; or
1137 
                (B) violating conditions of probation or parole.";
1138 
(8) Subsection 53-29-302(2), enacted in S.B. 41, be amended to read:
1139 
"(2) The Department of Corrections shall:
1140 
      (a) register an offender in the custody of the Department of Corrections with the
1141 
department upon:
1142 
           (i) placement on probation;
1143 
           (ii) commitment to a secure correctional facility operated by or under contract with
1144 
the Department of Corrections;
1145 
           (iii) release from confinement to parole status, termination or expiration of sentence,
1146 
or escape;
1147 
           (iv) entrance to and release from any community-based residential program operated
1148 
by or under contract with the Department of Corrections; or
1149 
           (v) termination of probation or parole; and
1150 
      (b)(i) for an offender convicted after May 7, 2025, of an offense committed in this state
1151 
that requires the individual to register as a sex offender, conduct, if available, multi-domain
- 34 - 03-04 19:24	3rd Sub. (Cherry) H.B. 354
1152 
assessments that are validated for the population and offense type of the offender to inform the
1153 
treatment and supervision needs of the offender; and
1154 
           (ii) 30 days after the day on which a calendar quarterly period ends, submit the
1155 
results of any risk assessments completed under Subsection (2)(b)(i) during the preceding
1156 
quarter to the State Commission on Criminal and Juvenile Justice.";
1157 
(9) The following language be inserted numerically according to title placement as a
1158 
subsection in Section 63I-2-253, and the remaining subsections be renumbered accordingly:
1159 
      "Subsection 53-29-302(2)(b)(ii), regarding the requirement for the Department of
1160 
Corrections to submit the results of risk assessments for sex offenders to the State Commission
1161 
on Criminal and Juvenile Justice, is repealed January 1, 2030.";
1162 
(10) Subsection 63I-2-277(3), enacted in H.B. 354, be deleted; and
1163 
(11) Section 77-41-115, enacted in H.B. 354, be deleted.
1164 
Section 25.  Coordinating H.B. 354 with H.B. 436.
1165 
If H.B. 354, Criminal Justice Revisions, and H.B. 436, Impaired Driving Amendments,
1166 
both pass and become law, the Legislature intends that, on May 7, 2025:
1167 
(1) Section 53-25-104, enacted in H.B. 436, supersedes Section 53-25-104, enacted in H.B.
1168 
354; and
1169 
(2) Subsection 63A-16-1002(4)(f), enacted in H.B. 354 and H.B. 436, be amended to read:
1170 
      "(f) Section 53-10-118, regarding driving under the influence data;".
- 35 -