Enrolled Copy S.B. 24
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Child Abuse and Torture Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Don L. Ipson
House Sponsor: Ryan D. Wilcox
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LONG TITLE
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General Description:
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This bill concerns child abuse and torture.
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Highlighted Provisions:
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This bill:
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▸ creates a new criminal offense for child torture and provides penalties;
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▸ adds the offense of child torture to the list of offenses for which imprisonment is
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mandatory;
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▸ amends existing definitions relating to the offenses of child abuse and aggravated
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criminal child abuse;
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▸ modifies child abandonment, abuse or neglect of a child with a disability, and other
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statutes that rely on certain definitions concerning criminal child abuse;
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▸ includes the offense of child torture in statutes that reference child abuse or aggravated
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child abuse, including statutes concerning background checks, murder and aggravated
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murder, child abuse homicide, bigamy, jail release agreements and orders, and adoption,
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parent-time, and custody statutes;
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▸ adds the offense of child torture to the definition of "violent felony";
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▸ includes the offense of child torture as a registrable offense on the Sex, Kidnap, and Child
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Abuse Offender Registry;
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▸ modifies the definition of "severe type of child abuse or neglect" in the juvenile code to
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refer to the amended definition of serious injury in the criminal child abuse statute;
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▸ adds coordination clauses:
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● to merge the changes to Section 76-3-406 if both this bill and H.B. 78, Criminal
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Offenses Amendments, both pass and become law;
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● to merge the changes to Section 77-41-102 in this bill if this bill, S.B. 41, Sex, Kidnap, S.B. 24 Enrolled Copy
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and Child Abuse Offender Registry Amendments, both pass and become law, and
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H.B. 21, Criminal Code Recodification and Cross References, does not pass and
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become law, due to Section 77-41-102 being repealed and replaced with newly
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enacted statutes in S.B. 41; and
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● to merge the changes to Section 77-41-102 in this bill if this bill, S.B. 41, Sex, Kidnap,
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and Child Abuse Offender Registry Amendments, and H.B. 21, Criminal Code
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Recodification and Cross References, all pass and become law, due to Section
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77-41-102 being repealed and replaced with newly enacted statutes in S.B. 41; 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 coordination clauses.
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Utah Code Sections Affected:
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AMENDS:
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26B-2-120, as last amended by Laws of Utah 2024, Chapter 234
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53G-6-204, as last amended by Laws of Utah 2024, Chapters 113, 386
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76-2-401, as last amended by Laws of Utah 2022, Chapter 181
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76-3-203.5, as last amended by Laws of Utah 2024, Chapters 96, 179
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76-3-406, as last amended by Laws of Utah 2024, Chapter 96
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76-5-109, as last amended by Laws of Utah 2022, Chapters 181, 335
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76-5-109.2, as enacted by Laws of Utah 2022, Chapter 181
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76-5-109.3, as last amended by Laws of Utah 2024, Chapter 225
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76-5-110, as last amended by Laws of Utah 2022, Chapter 181
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76-5-202, as last amended by Laws of Utah 2022, Chapter 181
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76-5-203, as last amended by Laws of Utah 2024, Chapters 96, 187
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76-5-208, as last amended by Laws of Utah 2023, Chapter 111
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76-7-101, as last amended by Laws of Utah 2022, Chapter 181
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77-41-102, as last amended by Laws of Utah 2024, Chapter 234
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78B-6-117, as last amended by Laws of Utah 2022, Chapters 185, 430
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78B-7-801, as last amended by Laws of Utah 2023, Chapter 114
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80-1-102, as last amended by Laws of Utah 2024, Chapter 256
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81-9-202, as renumbered and amended by Laws of Utah 2024, Chapter 366
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81-9-207, as renumbered and amended by Laws of Utah 2024, Chapter 366
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81-9-208, as renumbered and amended by Laws of Utah 2024, Chapter 366
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81-9-402, as renumbered and amended by Laws of Utah 2024, Chapter 366
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ENACTS:
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76-5-109.4, Utah Code Annotated 1953
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Utah Code Sections affected by Coordination Clause:
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76-3-406, as last amended by Laws of Utah 2024, Chapter 96
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 26B-2-120 is amended to read:
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26B-2-120 . Background check -- Direct access to children or vulnerable adults.
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(1) As used in this section:
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(a)(i) "Applicant" means an individual who is associated with a certification,
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contract, or licensee with the department under this part and has direct access,
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including:
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(A) an adoptive parent or prospective adoptive parent, including an applicant for
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an adoption in accordance with Section 78B-6-128;
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(B) a foster parent or prospective foster parent;
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(C) an individual who provides respite care to a foster parent or an adoptive parent
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on more than one occasion;
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(D) an individual who transports a child for a youth transportation company;
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(E) an individual who provides certified peer support, as defined in Section
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26B-5-610;
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(F) an individual who provides peer supports, has a disability or a family member
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with a disability, or is in recovery from a mental illness or a substance use
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disorder;
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(G) an individual who has lived experience with the services provided by the
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department, and uses that lived experience to provide support, guidance, or
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services to promote resiliency and recovery;
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(H) an individual who is identified as a mental health professional, licensed under
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Title 58, Chapter 60, Mental Health Professional Practice Act, and engaged in
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the practice of mental health therapy, as defined in Section 58-60-102;
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(I) an individual, other than the child or vulnerable adult receiving the service,
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who is 12 years old or older and resides in a home, that is licensed or certified
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by the division;
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(J) an individual who is 12 years old or older and is associated with a certification,
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contract, or licensee with the department under this part and has or will likely
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have direct access;
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(K) a foster home licensee that submits an application for an annual background
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screening as required by Subsection 26B-2-105(4)(d)(iii); or
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(L) a short-term relief care provider.
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(ii) "Applicant" does not include:
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(A) an individual who is in the custody of the Division of Child and Family
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Services or the Division of Juvenile Justice and Youth Services;
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(B) an individual who applies for employment with, or is employed by, the
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Department of Health and Human Services;
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(C) a parent of a person receiving services from the Division of Services for
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People with Disabilities, if the parent provides direct care to and resides with
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the person, including if the parent provides direct care to and resides with the
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person pursuant to a court order; or
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(D) an individual or a department contractor who provides services in an adults
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only substance use disorder program, as defined by rule adopted by the
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Department of Health and Human Services in accordance with Title 63G,
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Chapter 3, Utah Administrative Rulemaking Act, and who is not a program
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director or a member, as defined by Section 26B-2-105, of the program.
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(b) "Application" means a background check application to the office.
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(c) "Bureau" means the Bureau of Criminal Identification within the Department of
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Public Safety, created in Section 53-10-201.
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(d) "Criminal finding" means a record of:
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(i) an arrest for a criminal offense;
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(ii) a warrant for a criminal arrest;
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(iii) charges for a criminal offense; or
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(iv) a criminal conviction.
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(e) "Direct access" means that an individual has, or likely will have:
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(i) contact with or access to a child or vulnerable adult by which the individual will
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have the opportunity for personal communication or touch with the child or
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vulnerable adult; or
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(ii) an opportunity to view medical, financial, or other confidential personal
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identifying information of the child, the child's parent or legal guardian, or the
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vulnerable adult.
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(f)(i) "Direct access qualified" means that the applicant has an eligible determination
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by the office within the license and renewal time period; and
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(ii) no more than 180 days have passed since the date on which the applicant's
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association with a certification, contract, or licensee with the department expires.
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(g) "Incidental care" means occasional care, not in excess of five hours per week and
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never overnight, for a foster child.
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(h) "Licensee" means an individual or a human services program licensed by the
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division.
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(i) "Non-criminal finding" means a record maintained in:
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(i) the Division of Child and Family Services' Management Information System
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described in Section 80-2-1001;
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(ii) the Division of Child and Family Services' Licensing Information System
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described in Section 80-2-1002;
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(iii) the Division of Aging and Adult Services' vulnerable adult abuse, neglect, or
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exploitation database described in Section 26B-6-210;
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(iv) juvenile court arrest, adjudication, and disposition records;
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(v) the Sex, Kidnap, and Child Abuse Offender Registry described in Title 77,
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Chapter 41, Sex, Kidnap, and Child Abuse Offender Registry, or a national sex
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offender registry; or
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(vi) a state child abuse or neglect registry.
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(j) "Office" means the Office of Background Processing within the department.
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(k) "Personal identifying information" means:
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(i) current name, former names, nicknames, and aliases;
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(ii) date of birth;
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(iii) physical address and email address;
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(iv) telephone number;
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(v) driver license or other government-issued identification;
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(vi) social security number;
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(vii) only for applicants who are 18 years old or older, fingerprints, in a form
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specified by the office; and
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(viii) other information specified by the office by rule made in accordance with Title
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63G, Chapter 3, Utah Administrative Rulemaking Act.
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(2) Except as provided in Subsection (12), an applicant or a representative shall submit the
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following to the office:
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(a) personal identifying information;
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(b) a fee established by the office under Section 63J-1-504;
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(c) a disclosure form, specified by the office, for consent for:
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(i) an initial background check upon association with a certification, contract, or
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licensee with the department;
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(ii) ongoing monitoring of fingerprints and registries until no longer associated with a
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certification, contract, or licensee with the department for 180 days;
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(iii) a background check when the office determines that reasonable cause exists; and
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(iv) retention of personal identifying information, including fingerprints, for
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monitoring and notification as described in Subsections (3)(c) and (4);
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(d) if an applicant resided outside of the United States and its territories during the five
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years immediately preceding the day on which the information described in
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Subsections (2)(a) through (c) is submitted to the office, documentation establishing
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whether the applicant was convicted of a crime during the time that the applicant
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resided outside of the United States or its territories; and
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(e) an application showing an applicant's association with a certification, contract, or a
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licensee with the department, for the purpose of the office tracking the direct access
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qualified status of the applicant, which expires 180 days after the date on which the
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applicant is no longer associated with a certification, contract, or a licensee with the
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department.
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(3) The office:
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(a) shall perform the following duties as part of a background check of an applicant
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before the office grants or denies direct access qualified status to an applicant:
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(i) check state and regional criminal background databases for the applicant's
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criminal history by:
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(A) submitting personal identifying information to the bureau for a search; or
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(B) using the applicant's personal identifying information to search state and
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regional criminal background databases as authorized under Section 53-10-108;
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(ii) submit the applicant's personal identifying information and fingerprints to the
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bureau for a criminal history search of applicable national criminal background
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databases;
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(iii) search the Division of Child and Family Services' Licensing Information System
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described in Section 80-2-1002;
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(iv) search the Sex, Kidnap, and Child Abuse Offender Registry described in Title
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77, Chapter 41, Sex, Kidnap, and Child Abuse Offender Registry, or a national
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sex offender registry for an applicant 18 years old or older;
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(v) if the applicant is associated with a licensee for a prospective foster or adoptive
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parent, search the Division of Child and Family Services' Management
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Information System described in Section 80-2-1001;
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(vi) search the Division of Aging and Adult Services' vulnerable adult abuse, neglect,
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or exploitation database described in Section 26B-6-210;
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(vii) search the juvenile court records for substantiated findings of severe child abuse
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or neglect described in Section 80-3-404; and
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(viii) search the juvenile court arrest, adjudication, and disposition records, as
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provided under Section 78A-6-209;
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(b) may conduct all or portions of a background check in connection with determining
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whether an applicant is direct access qualified, as provided by rule, made by the
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office in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
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(i) for an annual renewal; or
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(ii) when the office determines that reasonable cause exists;
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(c) may submit an applicant's personal identifying information, including fingerprints, to
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the bureau for checking, retaining, and monitoring of state and national criminal
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background databases and for notifying the office of new criminal activity associated
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with the applicant;
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(d) shall track the status of an applicant under this section to ensure that the applicant is
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not required to duplicate the submission of the applicant's fingerprints if the applicant
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is associated with more than one certification, contract, or licensee with the
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department;
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(e) shall notify the bureau when a direct access qualified individual has not been
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associated with a certification, contract, or licensee with the department for a period
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of 180 days;
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(f) shall adopt measures to strictly limit access to personal identifying information solely
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to the individuals responsible for processing and entering the applications for
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background checks and to protect the security of the personal identifying information
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the office reviews under this Subsection (3);
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(g) as necessary to comply with the federal requirement to check a state's child abuse
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and neglect registry regarding any applicant working in a congregate care program,
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shall:
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(i) search the Division of Child and Family Services' Licensing Information System
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described in Section 80-2-1002; and
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(ii) require the child abuse and neglect registry be checked in each state where an
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applicant resided at any time during the five years immediately preceding the day
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on which the application is submitted to the office; and
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(h) shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
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Rulemaking Act, to implement the provisions of this Subsection (3) relating to
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background checks.
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(4)(a) With the personal identifying information the office submits to the bureau under
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Subsection (3), the bureau shall check against state and regional criminal background
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databases for the applicant's criminal history.
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(b) With the personal identifying information and fingerprints the office submits to the
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bureau under Subsection (3), the bureau shall check against national criminal
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background databases for the applicant's criminal history.
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(c) Upon direction from the office, and with the personal identifying information and
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fingerprints the office submits to the bureau under Subsection (3)(c), the bureau shall:
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(i) maintain a separate file of the fingerprints for search by future submissions to the
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local and regional criminal records databases, including latent prints; and
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(ii) monitor state and regional criminal background databases and identify criminal
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activity associated with the applicant.
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(d) The bureau is authorized to submit the fingerprints to the Federal Bureau of
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Investigation Next Generation Identification System, to be retained in the Federal
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Bureau of Investigation Next Generation Identification System for the purpose of:
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(i) being searched by future submissions to the national criminal records databases,
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including the Federal Bureau of Investigation Next Generation Identification
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System and latent prints; and
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(ii) monitoring national criminal background databases and identifying criminal
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activity associated with the applicant.
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(e) The [Bureau] bureau shall notify and release to the office all information of criminal
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activity associated with the applicant.
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(f) Upon notice that an individual who has direct access qualified status will no longer
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be associated with a certification, contract, or licensee with the department, the
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bureau shall:
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(i) discard and destroy any retained fingerprints; and
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(ii) notify the Federal Bureau of Investigation when the license has expired or an
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individual's direct access to a child or a vulnerable adult has ceased, so that the
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Federal Bureau of Investigation will discard and destroy the retained fingerprints
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from the Federal Bureau of Investigation Next Generation Identification System.
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(5)(a) Except as provided in Subsection (5)(b), the office shall deny direct access
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qualified status to an applicant who, within three years from the date on which the
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office conducts the background check, was convicted of:
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(i) a felony or misdemeanor involving conduct that constitutes any of the following:
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(A) an offense identified as domestic violence, lewdness, voyeurism, battery,
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cruelty to animals, or bestiality;
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(B) a violation of any pornography law, including sexual exploitation of a minor
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or aggravated sexual exploitation of a minor;
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(C) sexual solicitation or prostitution;
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(D) a violent offense committed in the presence of a child, as described in Section
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76-3-203.10;
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(E) an offense included in Title 76, Chapter 4, Part 4, Enticement of a Minor;
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(F) an offense included in Title 76, Chapter 5, Offenses Against the Individual;
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(G) an offense included in Title 76, Chapter 5b, Sexual Exploitation Act;
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(H) an offense included in Title 76, Chapter 7, Offenses Against the Family;
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(I) an offense included in Title 76, Chapter 9, Part 4, Offenses Against Privacy;
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(J) an offense included in Title 76, Chapter 10, Part 4, Weapons of Mass
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Destruction;
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(K) an offense included in Title 78B, Chapter 7, Protective Orders and Stalking
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Injunctions;
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(L) aggravated arson, as described in Section 76-6-103;
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(M) aggravated burglary, as described in Section 76-6-203;
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(N) aggravated exploitation of prostitution, as described in Section 76-10-1306;
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(O) aggravated robbery, as described in Section 76-6-302;
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(P) endangering persons in a human services program, as described in Section
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26B-2-113;
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(Q) failure to report, as described in Section 80-2-609;
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(R) identity fraud crime, as described in Section 76-6-1102;
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(S) leaving a child unattended in a motor vehicle, as described in Section
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76-10-2202;
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(T) riot, as described in Section 76-9-101;
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(U) sexual battery, as described in Section 76-9-702.1; or
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(V) threatening with or using a dangerous weapon in a fight or quarrel, as
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described in Section 76-10-506; or
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(ii) a felony or misdemeanor offense committed outside of the state that, if committed
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in the state, would constitute a violation of an offense described in Subsection
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(5)(a)(i).
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(b)(i) Subsection (5)(a) does not apply to an applicant who is seeking a position as a
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peer support provider or a mental health professional, if the applicant provides
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services in a program that serves only adults with a primary mental health
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diagnosis, with or without a co-occurring substance use disorder.
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(ii) The office shall conduct a comprehensive review of an applicant described in
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Subsection (5)(b)(i) in accordance with Subsection (7).
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(c) The office shall deny direct access qualified status to an applicant if the office finds
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that a court order prohibits the applicant from having direct access to a child or
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vulnerable adult.
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(6) The office shall conduct a comprehensive review of an applicant's background check if
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the applicant:
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(a) has a felony or class A misdemeanor conviction that is more than three years from
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the date on which the office conducts the background check, for an offense described
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in Subsection (5)(a);
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(b) has a felony charge or conviction that is no more than 10 years from the date on
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which the office conducts the background check for an offense not described in
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Subsection (5)(a);
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(c) has a felony charge or conviction that is more than 10 years from the date on which
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the office conducts the background check, for an offense not described in Subsection
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(5)(a), with criminal or non-criminal findings after the date of the felony charge or
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conviction;
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(d) has a class B misdemeanor or class C misdemeanor conviction that is more than
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three years and no more than 10 years from the date on which the office conducts the
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background check for an offense described in Subsection (5)(a);
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(e) has a class B misdemeanor or class C misdemeanor conviction that is more than 10
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years from the date on which the office conducts the background check, for an
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offense described in Subsection (5)(a), with criminal or non-criminal findings after
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the date of conviction;
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(f) has a misdemeanor charge or conviction that is no more than three years from the
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date on which the office conducts the background check for an offense not described
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in Subsection (5)(a);
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(g) has a misdemeanor charge or conviction that is more than three years from the date
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on which the office conducts the background check, for an offense not described in
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Subsection (5)(a), with criminal or non-criminal findings after the date of charge or
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conviction;
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(h) is currently subject to a plea in abeyance or diversion agreement for an offense
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described in Subsection (5)(a);
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(i) appears on the Sex, Kidnap, and Child Abuse Offender Registry described in Title
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77, Chapter 41, Sex, Kidnap, and Child Abuse Offender Registry, or a national sex
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offender registry;
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(j) has a record of an adjudication in juvenile court for an act that, if committed by an
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adult, would be a felony or misdemeanor, if the applicant is:
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(i) under 28 years old; or
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(ii) 28 years old or older and has been convicted of, has pleaded no contest to, or is
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currently subject to a plea in abeyance or diversion agreement for a felony or a
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misdemeanor offense described in Subsection (5)(a);
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(k) has a pending charge for an offense described in Subsection (5)(a);
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(l) has a listing that occurred no more than 15 years from the date on which the office
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conducts the background check in the Division of Child and Family Services'
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Licensing Information System described in Section ;
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(m) has a listing that occurred more than 15 years from the date on which the office
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conducts the background check in the Division of Child and Family Services'
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Licensing Information System described in Section 80-2-1002, with criminal or
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non-criminal findings after the date of the listing;
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(n) has a listing that occurred no more than 15 years from the date on which the office
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conducts the background check in the Division of Aging and Adult Services'
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vulnerable adult abuse, neglect, or exploitation database described in Section
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26B-6-210;
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(o) has a listing that occurred more than 15 years from the date on which the office
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conducts the background check in the Division of Aging and Adult Services'
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vulnerable adult abuse, neglect, or exploitation database described in Section
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26B-6-210, with criminal or non-criminal findings after the date of the listing;
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(p) has a substantiated finding that occurred no more than 15 years from the date on
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which the office conducts the background check of severe child abuse or neglect
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under Section 80-3-404 or 80-3-504[ ]; or
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(q) has a substantiated finding that occurred more than 15 years from the date on which
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the office conducts the background check of severe child abuse or neglect under
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Section 80-3-404 or 80-3-504, with criminal or non-criminal findings after the date of
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the listing.
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(7)(a) The comprehensive review shall include an examination of:
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(i) the date of the offense or incident;
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(ii) the nature and seriousness of the offense or incident;
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(iii) the circumstances under which the offense or incident occurred;
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(iv) the age of the perpetrator when the offense or incident occurred;
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(v) whether the offense or incident was an isolated or repeated incident;
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(vi) whether the offense or incident directly relates to abuse of a child or vulnerable
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adult, including:
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(A) actual or threatened, nonaccidental physical, mental, or financial harm;
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(B) sexual abuse;
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(C) sexual exploitation; or
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(D) negligent treatment;
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(vii) any evidence provided by the applicant of rehabilitation, counseling, psychiatric
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treatment received, or additional academic or vocational schooling completed;
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(viii) the applicant's risk of harm to clientele in the program or in the capacity for
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which the applicant is applying; and
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(ix) if the background check of an applicant is being conducted for the purpose of
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giving direct access qualified status to an applicant seeking a position in a
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congregate care program or to become a prospective foster or adoptive parent, any
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listing in the Division of Child and Family Services' Management Information
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System described in Section 80-2-1001.
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(b) At the conclusion of the comprehensive review, the office shall deny direct access
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qualified status to an applicant if the office finds the approval would likely create a
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risk of harm to a child or vulnerable adult.
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(8) The office shall grant direct access qualified status to an applicant who is not denied
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under this section.
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(9)(a) The office may conditionally grant direct access qualified status to an applicant,
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for a maximum of 60 days after the day on which the office sends written notice,
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without requiring that the applicant be directly supervised, if the office:
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(i) is awaiting the results of the criminal history search of national criminal
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background databases; and
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(ii) would otherwise grant direct access qualified status to the applicant under this
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section.
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(b) The office may conditionally grant direct access qualified status to an applicant, for a
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maximum of one year after the day on which the office sends written notice, without
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requiring that the applicant be directly supervised if the office:
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(i) is awaiting the results of an out-of-state registry for providers other than foster and
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adoptive parents; and
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(ii) would otherwise grant direct access qualified status to the applicant under this
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section.
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(c) Upon receiving the results of the criminal history search of a national criminal
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background database, the office shall grant or deny direct access qualified status to
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the applicant in accordance with this section.
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(10)(a) Each time an applicant is associated with a licensee, the department shall review
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the current status of the applicant's background check to ensure the applicant is still
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eligible for direct access qualified status in accordance with this section.
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(b) A licensee may not permit an individual to have direct access to a child or a
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vulnerable adult without being directly supervised unless:
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(i) the individual is the parent or guardian of the child, or the guardian of the
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vulnerable adult;
427
(ii) the individual is approved by the parent or guardian of the child, or the guardian
428
of the vulnerable adult, to have direct access to the child or the vulnerable adult;
429
(iii) the individual is only permitted to have direct access to a vulnerable adult who
430
voluntarily invites the individual to visit; or
431
(iv) the individual only provides incidental care for a foster child on behalf of a foster
432
parent who has used reasonable and prudent judgment to select the individual to
433
provide the incidental care for the foster child.
434
(c) Notwithstanding any other provision of this section, an applicant who is denied direct
435
access qualified status shall not have direct access to a child or vulnerable adult
- 13 - S.B. 24 Enrolled Copy
436
unless the office grants direct access qualified status to the applicant through a
437
subsequent application in accordance with this section.
438
(11) If the office denies direct access qualified status to an applicant, the applicant may
439
request a hearing in the department's Office of Administrative Hearings to challenge the
440
office's decision.
441
(12)(a) This Subsection (12) applies to an applicant associated with a certification,
442
contract, or licensee serving adults only.
443
(b) A program director or a member, as defined in Section 26B-2-105, of the licensee
444
shall comply with this section.
445
(c) The office shall conduct a comprehensive review for an applicant if:
446
(i) the applicant is seeking a position:
447
(A) as a peer support provider;
448
(B) as a mental health professional; or
449
(C) in a program that serves only adults with a primary mental health diagnosis,
450
with or without a co-occurring substance use disorder; and
451
(ii) within three years from the date on which the office conducts the background
452
check, the applicant has a felony or misdemeanor charge or conviction or a
453
non-criminal finding.
454
(13)(a) This Subsection (13) applies to an applicant seeking a position in a congregate
455
care program, an applicant seeking to provide a prospective foster home, an applicant
456
seeking to provide a prospective adoptive home, and each adult living in the home of
457
the prospective foster or prospective adoptive home.
458
(b) As federally required, the office shall:
459
(i) check the child abuse and neglect registry in each state where each applicant
460
resided in the five years immediately preceding the day on which the applicant
461
applied to be a foster or adoptive parent, to determine whether the prospective
462
foster or adoptive parent is listed in the registry as having a substantiated or
463
supported finding of child abuse or neglect; and
464
(ii) except for applicants seeking a position in a congregate care program, check the
465
child abuse and neglect registry in each state where each adult living in the home
466
of the prospective foster or adoptive home resided in the five years immediately
467
preceding the day on which the applicant applied to be a foster or adoptive parent,
468
to determine whether the adult is listed in the registry as having a substantiated or
469
supported finding of child abuse or neglect.
- 14 - Enrolled Copy S.B. 24
470
(c) The requirements described in Subsection (13)(b) do not apply to the extent that:
471
(i) federal law or rule permits otherwise; or
472
(ii) the requirements would prohibit the Division of Child and Family Services or a
473
court from placing a child with:
474
(A) a noncustodial parent under Section 80-2a-301, 80-3-302, or 80-3-303; or
475
(B) a relative, other than a noncustodial parent, under Section 80-2a-301, 80-3-302,
476
or 80-3-303, pending completion of the background check described in
477
Subsections (5), (6), and (7).
478
(d) Notwithstanding Subsections (5) through (10), the office shall deny direct access
479
qualified status if the applicant has been convicted of:
480
(i) a felony involving conduct that constitutes any of the following:
481
(A) child abuse, as described in [Sections] Section 76-5-109;
482
(B) [, 76-5-109.2, and ] aggravated child abuse, as described in Section 76-5-109.2;
483
(C) child abandonment, as described in Section 76-5-109.3;
484
(D) child torture, as described in Section 76-5-109.4;
485
[(B)] (E) commission of domestic violence in the presence of a child, as described
486
in Section 76-5-114;
487
[(C)] (F) abuse or neglect of a child with a disability, as described in Section
488
76-5-110;
489
[(D)] (G) intentional aggravated abuse of a vulnerable adult, as described in
490
Section 76-5-111;
491
[(E)] (H) endangerment of a child or vulnerable adult, as described in Section
492
76-5-112.5;
493
[(F)] (I) aggravated murder, as described in Section 76-5-202;
494
[(G)] (J) murder, as described in Section 76-5-203;
495
[(H)] (K) manslaughter, as described in Section 76-5-205;
496
[(I)] (L) child abuse homicide, as described in Section 76-5-208;
497
[(J)] (M) homicide by assault, as described in Section 76-5-209;
498
[(K)] (N) kidnapping, as described in Section 76-5-301;
499
[(L)] (O) child kidnapping, as described in Section 76-5-301.1;
500
[(M)] (P) aggravated kidnapping, as described in Section 76-5-302;
501
[(N)] (Q) human trafficking of a child, as described in Section 76-5-308.5;
502
[(O)] (R) an offense described in Title 76, Chapter 5, Part 4, Sexual Offenses;
503
[(P)] (S) sexual exploitation of a minor, as described in Title 76, Chapter 5b,
- 15 - S.B. 24 Enrolled Copy
504
Sexual Exploitation Act;
505
[(Q)] (T) aggravated exploitation of a minor, as described in Section 76-5b-201.1;
506
[(R)] (U) aggravated arson, as described in Section 76-6-103;
507
[(S)] (V) aggravated burglary, as described in Section 76-6-203;
508
[(T)] (W) aggravated robbery, as described in Section 76-6-302;
509
[(U)] (X) lewdness involving a child, as described in Section 76-9-702.5;
510
[(V)] (Y) incest, as described in Section 76-7-102; or
511
[(W)] (Z) domestic violence, as described in Section 77-36-1; or
512
(ii) an offense committed outside the state that, if committed in the state, would
513
constitute a violation of an offense described in Subsection (13)(d)(i).
514
(e) Notwithstanding Subsections (5) through (10), the office shall deny direct access
515
qualified status to an applicant if, within the five years from the date on which the
516
office conducts the background check, the applicant was convicted of a felony
517
involving conduct that constitutes a violation of any of the following:
518
(i) aggravated assault, as described in Section 76-5-103;
519
(ii) aggravated assault by a prisoner, as described in Section 76-5-103.5;
520
(iii) mayhem, as described in Section 76-5-105;
521
(iv) an offense described in Title 58, Chapter 37, Utah Controlled Substances Act;
522
(v) an offense described in Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
523
(vi) an offense described in Title 58, Chapter 37b, Imitation Controlled Substances
524
Act;
525
(vii) an offense described in Title 58, Chapter 37c, Utah Controlled Substance
526
Precursor Act; or
527
(viii) an offense described in Title 58, Chapter 37d, Clandestine Drug Lab Act.
528
(f) In addition to the circumstances described in Subsection (6), the office shall conduct
529
a comprehensive review of an applicant's background check under this section if the
530
applicant:
531
(i) has an offense described in Subsection (5)(a);
532
(ii) has an infraction conviction entered on a date that is no more than three years
533
before the date on which the office conducts the background check;
534
(iii) has a listing in the Division of Child and Family Services' Licensing Information
535
System described in Section 80-2-1002;
536
(iv) has a listing in the Division of Aging and Adult Services' vulnerable adult,
537
neglect, or exploitation database described in Section 26B-2-210;
- 16 - Enrolled Copy S.B. 24
538
(v) has a substantiated finding of severe child abuse or neglect under Section
539
80-3-404 or 80-3-504; or
540
(vi) has a listing on the registry check described in Subsection (13)(b) as having a
541
substantiated or supported finding of a severe type of child abuse or neglect, as
542
defined in Section 80-1-102.
543
(14) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
544
office may make rules, consistent with this part, to:
545
(a) establish procedures for, and information to be examined in, the comprehensive
546
review described in Subsections (6), (7), and (13); and
547
(b) determine whether to consider an offense or incident that occurred while an
548
individual was in the custody of the Division of Child and Family Services or the
549
Division of Juvenile Justice and Youth Services for purposes of granting or denying
550
direct access qualified status to an applicant.
551
Section 2. Section 53G-6-204 is amended to read:
552
53G-6-204 . School-age children exempt from school attendance.
553
(1)(a) A local school board or charter school governing board may excuse a school-age
554
child from attendance for any of the following reasons:
555
(i) a school-age child over 16 years old may receive a partial release from school to
556
enter employment, or attend a trade school, if the school-age child has completed
557
grade 8; or
558
(ii) on an annual basis, a school-age child may receive a full release from attending a
559
public, regularly established private, or part-time school or class if:
560
(A) the school-age child has already completed the work required for graduation
561
from high school;
562
(B) the school-age child is in a physical or mental condition, certified by a
563
competent physician or physician assistant if required by the local school board
564
or charter school governing board, which renders attendance inexpedient and
565
impracticable;
566
(C) proper influences and adequate opportunities for education are provided in
567
connection with the school-age child's employment; or
568
(D) the district superintendent or charter school governing board has determined
569
that a school-age child over 16 years old is unable to profit from attendance at
570
school because of inability or a continuing negative attitude toward school
571
regulations and discipline.
- 17 - S.B. 24 Enrolled Copy
572
(b) A school-age child receiving a partial release from school under Subsection (1)(a)(i)
573
is required to attend:
574
(i) school part time as prescribed by the local school board or charter school
575
governing board; or
576
(ii) a home school part time.
577
(c) In each case, evidence of reasons for granting an exemption under Subsection (1)
578
must be sufficient to satisfy the local school board or charter school governing board.
579
(d) A local school board or charter school governing board that excuses a school-age
580
child from attendance as provided by this Subsection (1) shall issue a certificate that
581
the child is excused from attendance during the time specified on the certificate.
582
(2)(a)(i) As used in this Subsection (2)(a), "child abuse" means a criminal felony or
583
attempted felony offense of which an individual is convicted, or to which an
584
individual pleads guilty or no contest, for conduct that constitutes any of the
585
following:
586
(A) child abuse under Section 76-5-109;
587
(B) aggravated child abuse under Section 76-5-109.2;
588
(C) child abandonment under Section 76-5-109.3;
589
(D) child torture under Section 76-5-109.4;
590
[(D)] (E) commission of domestic violence in the presence of a child under Section
591
76-5-114;
592
[(E)] (F) child abuse homicide under Section 76-5-208;
593
[(F)] (G) child kidnapping under Section 76-5-301.1;
594
[(G)] (H) human trafficking of a child under Section 76-5-308.5;
595
[(H)] (I) an offense described in Title 76, Chapter 5, Part 4, Sexual Offenses, or in
596
Title 76, Chapter 5b, Part 2, Sexual Exploitation, if the victim is under 18 years
597
old;
598
[(I)] (J) sexual exploitation of a minor under Section 76-5b-201;
599
[(J)] (K) aggravated sexual exploitation of a minor under Section 76-5b-201.1; or
600
[(K)] (L) an offense in another state that, if committed in this state, would
601
constitute an offense described in this Subsection (2)(a)(i).
602
(ii) Except as provided in Subsection (2)(a)(iii), a local school board shall excuse a
603
school-age child from attendance, if the school-age child's parent or legal guardian
604
files a signed affidavit with the school-age child's school district of residence, as
605
defined in Section 53G-6-302, that:
- 18 - Enrolled Copy S.B. 24
606
(A) the school-age child will attend a home school; and
607
(B) the parent or legal guardian assumes sole responsibility for the education of
608
the school-age child, except to the extent the school-age child is dual enrolled
609
in a public school as provided in Section 53G-6-702.
610
(iii) If a parent or legal guardian has been convicted of child abuse or if a court of
611
competent jurisdiction has made a substantiated finding of child abuse against the
612
parent or legal guardian:
613
(A) the parent or legal guardian may not assume responsibility for the education
614
of a school-age child under Subsection (2)(a)(ii); and
615
(B) the local school board may not accept the affidavit described in Subsection
616
(2)(a)(ii) from the parent or legal guardian or otherwise exempt the school-age
617
child from attendance under Subsection (2)(a)(ii) in relation to the parent's or
618
legal guardian's intent to home school the child.
619
(iv) Nothing in this Subsection (2)(a) affects the ability of another of a child's parents
620
or legal guardians who is not prohibited under Subsection (2)(a)(iii) to file the
621
affidavit described in Subsection (2)(a)(ii).
622
(b) A signed affidavit filed in accordance with Subsection (2)(a) shall remain in effect as
623
long as:
624
(i) the school-age child attends a home school;
625
(ii) the school district where the affidavit was filed remains the school-age child's
626
district of residence; and
627
(iii) the parent or legal guardian who filed the signed affidavit has not been convicted
628
of child abuse or been the subject of a substantiated finding of child abuse by a
629
court of competent jurisdiction.
630
(c) A parent or legal guardian of a school-age child who attends a home school is solely
631
responsible for:
632
(i) the selection of instructional materials and textbooks;
633
(ii) the time, place, and method of instruction; and
634
(iii) the evaluation of the home school instruction.
635
(d) A local school board may not:
636
(i) require a parent or legal guardian of a school-age child who attends a home school
637
to maintain records of instruction or attendance;
638
(ii) require credentials for individuals providing home school instruction;
639
(iii) inspect home school facilities; or
- 19 - S.B. 24 Enrolled Copy
640
(iv) require standardized or other testing of home school students.
641
(e) Upon the request of a parent or legal guardian, a local school board shall identify the
642
knowledge, skills, and competencies a student is recommended to attain by grade
643
level and subject area to assist the parent or legal guardian in achieving college and
644
career readiness through home schooling.
645
(f) A local school board that excuses a school-age child from attendance under this
646
Subsection (2) shall annually issue a certificate stating that the school-age child is
647
excused from attendance for the specified school year.
648
(g) A local school board shall issue a certificate excusing a school-age child from
649
attendance:
650
(i) within 30 days after receipt of a signed affidavit filed by the school-age child's
651
parent or legal guardian under this Subsection (2); and
652
(ii) on or before August 1 each year thereafter unless:
653
(A) the school-age child enrolls in a school within the school district;
654
(B) the school-age child's parent or legal guardian notifies the school district that
655
the school-age child no longer attends a home school; or
656
(C) the school-age child's parent or legal guardian notifies the school district that
657
the school-age child's school district of residence has changed.
658
(3) A parent or legal guardian who is eligible to file and files a signed affidavit under
659
Subsection (2)(a) is exempt from the application of Subsections 53G-6-202(2), (5), and
660
(6).
661
(4)(a) Nothing in this section may be construed to prohibit or discourage voluntary
662
cooperation, resource sharing, or testing opportunities between a school or school
663
district and a parent or legal guardian of a child attending a home school.
664
(b) The exemptions in this section apply regardless of whether:
665
(i) a parent or legal guardian provides education instruction to the parent's or legal
666
guardian's child alone or in cooperation with other parents or legal guardians
667
similarly exempted under this section; or
668
(ii) the parent or legal guardian makes payment for educational services the parent's
669
or legal guardian's child receives.
670
Section 3. Section 76-2-401 is amended to read:
671
76-2-401 . Justification as defense -- When allowed.
672
(1) Conduct which is justified is a defense to prosecution for any offense based on the
673
conduct. The defense of justification may be claimed:
- 20 - Enrolled Copy S.B. 24
674
(a) when the actor's conduct is in defense of persons or property under the circumstances
675
described in Sections 76-2-402 through 76-2-406 of this part;
676
(b) when the actor's conduct is reasonable and in fulfillment of his duties as a
677
governmental officer or employee;
678
(c) when the actor's conduct is reasonable discipline of minors by parents, guardians,
679
teachers, or other persons in loco parentis, as limited by Subsection (2);
680
(d) when the actor's conduct is reasonable discipline of persons in custody under the
681
laws of the state; or
682
(e) when the actor's conduct is justified for any other reason under the laws of this state.
683
(2) The defense of justification under Subsection (1)(c) is not available if the offense
684
charged involves causing serious bodily injury, as defined in Section 76-1-101.5, serious [
685
physical ]injury, as defined in Section 76-5-109, or the death of the minor.
686
Section 4. Section 76-3-203.5 is amended to read:
687
76-3-203.5 . Habitual violent offender -- Definition -- Procedure -- Penalty.
688
(1) As used in this section:
689
(a) "Felony" means any violation of a criminal statute of the state, any other state, the
690
United States, or any district, possession, or territory of the United States for which
691
the maximum punishment the offender may be subjected to exceeds one year in
692
prison.
693
(b) "Habitual violent offender" means a person convicted within the state of any violent
694
felony and who on at least two previous occasions has been convicted of a violent
695
felony and committed to either prison in Utah or an equivalent correctional institution
696
of another state or of the United States either at initial sentencing or after revocation
697
of probation.
698
(c) "Violent felony" means:
699
(i) any of the following offenses, or any attempt, solicitation, or conspiracy to
700
commit any of the following offenses punishable as a felony:
701
(A) arson as described in Section 76-6-102;
702
(B) causing a catastrophe as described in Subsection 76-6-105(3)(a) or (3)(b);
703
(C) criminal mischief as described in Section 76-6-106;
704
(D) aggravated arson as described in Section 76-6-103;
705
(E) assault by prisoner as described in Section 76-5-102.5;
706
(F) disarming a police officer as described in Section 76-5-102.8;
707
(G) aggravated assault as described in Section 76-5-103;
- 21 - S.B. 24 Enrolled Copy
708
(H) aggravated assault by prisoner as described in Section 76-5-103.5;
709
(I) mayhem as described in Section 76-5-105;
710
(J) stalking as described in Subsection 76-5-106.5(2);
711
(K) threat of terrorism as described in Section 76-5-107.3;
712
(L) aggravated child abuse as described in Subsection 76-5-109.2(3)(a) or (b);
713
(M) child torture as described in Section 76-5-109.4;
714
[(M)] (N) commission of domestic violence in the presence of a child as described
715
in Section 76-5-114;
716
[(N)] (O) abuse or neglect of a child with a disability as described in Section
717
76-5-110;
718
[(O)] (P) abuse or exploitation of a vulnerable adult as described in Section
719
76-5-111, 76-5-111.2, 76-5-111.3, or 76-5-111.4;
720
[(P)] (Q) endangerment of a child or vulnerable adult as described in Section
721
76-5-112.5;
722
[(Q)] (R) an offense described in Chapter 5, Part 2, Criminal Homicide;
723
[(R)] (S) kidnapping as described in Section 76-5-301;
724
[(S)] (T) child kidnapping as described in Section 76-5-301.1;
725
[(T)] (U) aggravated kidnapping as described in Section 76-5-302;
726
[(U)] (V) rape as described in Section 76-5-402;
727
[(V)] (W) rape of a child as described in Section 76-5-402.1;
728
[(W)] (X) object rape as described in Section 76-5-402.2;
729
[(X)] (Y) object rape of a child as described in Section 76-5-402.3;
730
[(Y)] (Z) forcible sodomy as described in Section 76-5-403;
731
[(Z)] (AA) sodomy on a child as described in Section 76-5-403.1;
732
[(AA)] (BB) forcible sexual abuse as described in Section 76-5-404;
733
[(BB)] (CC) sexual abuse of a child as described in Section 76-5-404.1;
734
[(CC)] (DD) aggravated sexual abuse of a child as described in Section 76-5-404.3;
735
[(DD)] (EE) aggravated sexual assault as described in Section 76-5-405;
736
[(EE)] (FF) sexual exploitation of a minor as described in Section 76-5b-201;
737
[(FF)] (GG) aggravated sexual exploitation of a minor as described in Section
738
76-5b-201.1;
739
[(GG)] (HH) sexual exploitation of a vulnerable adult as described in Section
740
76-5b-202;
741
[(HH)] (II) burglary as described in Subsection 76-6-202(3)(b);
- 22 - Enrolled Copy S.B. 24
742
[(II)] (JJ) aggravated burglary as described in Section 76-6-203;
743
[(JJ)] (KK) robbery as described in Section 76-6-301;
744
[(KK)] (LL) aggravated robbery as described in Section 76-6-302;
745
[(LL)] (MM) theft by extortion as described in Subsection 76-6-406(1)(a)(i) or
746
(1)(a)(ii);
747
[(MM)] (NN) tampering with a witness as described in Section 76-8-508;
748
[(NN)] (OO) retaliation against a witness, victim, or informant as described in
749
Section 76-8-508.3;
750
[(OO)] (PP) tampering or retaliating against a juror as described in Subsection
751
76-8-508.5(2)(a)(iii);
752
[(PP)] (QQ) extortion to dismiss a criminal proceeding as described in Subsection
753
76-6-406(1)(a)(i), (ii), or (ix);
754
[(QQ)] (RR) possession, use, or removal of explosive, chemical, or incendiary
755
devices as described in Subsections 76-10-306(3) through (6);
756
[(RR)] (SS) unlawful delivery of explosive, chemical, or incendiary devices as
757
described in Section 76-10-307;
758
[(SS)] (TT) purchase or possession of a dangerous weapon or handgun by a
759
restricted person as described in Section 76-10-503;
760
[(TT)] (UU) aggravated exploitation of prostitution as described in Subsection
761
76-10-1306(1)(a);
762
[(UU)] (VV) bus hijacking as described in Section 76-10-1504; and
763
[(VV)] (WW) discharging firearms and hurling missiles as described in Section
764
76-10-1505; or
765
(ii) any felony violation of a criminal statute of any other state, the United States, or
766
any district, possession, or territory of the United States which would constitute a
767
violent felony as defined in this Subsection (1) if committed in this state.
768
(2) If a person is convicted in this state of a violent felony by plea or by verdict and the trier
769
of fact determines beyond a reasonable doubt that the person is a habitual violent
770
offender under this section, the penalty for a:
771
(a) third degree felony is as if the conviction were for a first degree felony;
772
(b) second degree felony is as if the conviction were for a first degree felony; or
773
(c) first degree felony remains the penalty for a first degree penalty except:
774
(i) the convicted person is not eligible for probation; and
775
(ii) the Board of Pardons and Parole shall consider that the convicted person is a
- 23 - S.B. 24 Enrolled Copy
776
habitual violent offender as an aggravating factor in determining the length of
777
incarceration.
778
(3)(a) The prosecuting attorney, or grand jury if an indictment is returned, shall provide
779
notice in the information or indictment that the defendant is subject to punishment as
780
a habitual violent offender under this section. Notice shall include the case number,
781
court, and date of conviction or commitment of any case relied upon by the
782
prosecution.
783
(b)(i) The defendant shall serve notice in writing upon the prosecutor if the defendant
784
intends to deny that:
785
(A) the defendant is the person who was convicted or committed;
786
(B) the defendant was represented by counsel or had waived counsel; or
787
(C) the defendant's plea was understandingly or voluntarily entered.
788
(ii) The notice of denial shall be served not later than five days prior to trial and shall
789
state in detail the defendant's contention regarding the previous conviction and
790
commitment.
791
(4)(a) If the defendant enters a denial under Subsection (3)(b) and if the case is tried to a
792
jury, the jury may not be told, until after it returns its verdict on the underlying felony
793
charge, of the:
794
(i) defendant's previous convictions for violent felonies, except as otherwise provided
795
in the Utah Rules of Evidence; or
796
(ii) allegation against the defendant of being a habitual violent offender.
797
(b) If the jury's verdict is guilty, the defendant shall be tried regarding the allegation of
798
being an habitual violent offender by the same jury, if practicable, unless the
799
defendant waives the jury, in which case the allegation shall be tried immediately to
800
the court.
801
(c)(i) Before or at the time of sentencing the trier of fact shall determine if this
802
section applies.
803
(ii) The trier of fact shall consider any evidence presented at trial and the prosecution
804
and the defendant shall be afforded an opportunity to present any necessary
805
additional evidence.
806
(iii) Before sentencing under this section, the trier of fact shall determine whether this
807
section is applicable beyond a reasonable doubt.
808
(d) If any previous conviction and commitment is based upon a plea of guilty or no
809
contest, there is a rebuttable presumption that the conviction and commitment were
- 24 - Enrolled Copy S.B. 24
810
regular and lawful in all respects if the conviction and commitment occurred after
811
January 1, 1970. If the conviction and commitment occurred prior to January 1,
812
1970, the burden is on the prosecution to establish by a preponderance of the
813
evidence that the defendant was then represented by counsel or had lawfully waived
814
the right to have counsel present, and that the defendant's plea was understandingly
815
and voluntarily entered.
816
(e) If the trier of fact finds this section applicable, the court shall enter that specific
817
finding on the record and shall indicate in the order of judgment and commitment
818
that the defendant has been found by the trier of fact to be a habitual violent offender
819
and is sentenced under this section.
820
(5)(a) The sentencing enhancement provisions of Section 76-3-407 supersede the
821
provisions of this section.
822
(b) Notwithstanding Subsection (5)(a), the "violent felony" offense defined in
823
Subsection (1)(c) shall include any felony sexual offense violation of Chapter 5, Part
824
4, Sexual Offenses, to determine if the convicted person is a habitual violent offender.
825
(6) The sentencing enhancement described in this section does not apply if:
826
(a) the offense for which the person is being sentenced is:
827
(i) a grievous sexual offense;
828
(ii) child kidnapping, Section 76-5-301.1;
829
(iii) aggravated kidnapping, Section 76-5-302; or
830
(iv) forcible sexual abuse, Section 76-5-404; and
831
(b) applying the sentencing enhancement provided for in this section would result in a
832
lower maximum penalty than the penalty provided for under the section that
833
describes the offense for which the person is being sentenced.
834
The following section is affected by a coordination clause at the end of this bill.
835
Section 5. Section 76-3-406 is amended to read:
836
76-3-406 . Crimes for which probation, suspension of sentence, lower category of
837
offense, or hospitalization may not be granted.
838
(1) Notwithstanding Sections 76-3-201 and 77-18-105 and Title 77, Chapter 16a,
839
Commitment and Treatment of Individuals with a Mental Condition, except as provided
840
in Section 76-5-406.5 or Subsection 77-16a-103(6) or (7), probation may not be granted,
841
the execution or imposition of sentence may not be suspended, the court may not enter a
842
judgment for a lower category of offense, and hospitalization may not be ordered, the
843
effect of which would in any way shorten the prison sentence for an individual who
- 25 - S.B. 24 Enrolled Copy
844
commits a capital felony or a first degree felony involving:
845
(a) child torture as described in Section 76-5-109.4;
846
(b) aggravated murder as described in Section 76-5-202;
847
[(b)] (c) murder as described in Section 76-5-203;
848
[(c)] (d) child kidnapping as described in Section 76-5-301.1;
849
[(d)] (e) aggravated kidnapping as described in Subsection 76-5-302(3)(b);
850
[(e)] (f) rape as described in Subsection 76-5-402(3)(b), (3)(c), or (4);
851
[(f)] (g) rape of a child as described in Section 76-5-402.1;
852
[(g)] (h) object rape as described in Subsection 76-5-402.2(3)(b), (3)(c), or (4);
853
[(h)] (i) object rape of a child as described in Section 76-5-402.3;
854
[(i)] (j) forcible sodomy as described in Subsection 76-5-403(3)(b), (3)(c), or (4);
855
[(j)] (k) sodomy on a child as described in Section 76-5-403.1;
856
[(k)] (l) forcible sexual abuse as described in Subsection 76-5-404(3)(b)(i) or (ii);
857
[(l)] (m) aggravated sexual abuse of a child as described in Section 76-5-404.3;
858
[(m)] (n) aggravated sexual assault as described in Section 76-5-405; or
859
[(n)] (o) any attempt to commit a felony listed in Subsection [(1)(f), (h), or (j)] (1)(g), (i),
860
or (k).
861
(2) Except for an offense before the district court in accordance with Section 80-6-502 or
862
80-6-504, the provisions of this section do not apply if the sentencing court finds that the
863
defendant:
864
(a) was under 18 years old at the time of the offense; and
865
(b) could have been adjudicated in the juvenile court but for the delayed reporting or
866
delayed filing of the information.
867
Section 6. Section 76-5-109 is amended to read:
868
76-5-109 . Child abuse.
869
(1)(a) As used in this section:
870
(i) "Child" means an individual who is younger than 18 years old.
871
(ii) ["Physical injury] "Injury" means [an] a physical or psychological injury to or
872
condition of a child which impairs the physical or psychological condition of the
873
child, including:
874
(A) a bruise or other contusion of the skin;
875
(B) a minor laceration or abrasion;
876
(C) failure to thrive or malnutrition; or
877
(D) any other condition [which] that imperils the child's physical or psychological
- 26 - Enrolled Copy S.B. 24
878
health or welfare and that is not a serious [physical ]injury.
879
(iii) "Psychological injury" means an identifiable mental or emotional harm, damage,
880
impairment, or dysfunction.
881
[(iii)] (iv)(A) "Serious [physical ]injury" means [any physical] an injury or set of
882
injuries that:
883
(I) seriously impairs the child's health, which includes the child's physical or
884
mental well-being or development;
885
[(II) involves physical torture;]
886
[(III)] (II) causes serious emotional harm to the child; or
887
[(IV)] (III) involves a substantial risk of death to the child.
888
(B) "Serious [physical ]injury" includes:
889
(I) fracture of any bone or bones;
890
(II) intracranial bleeding, swelling or contusion of the brain, whether caused by
891
blows, shaking, or causing the child's head to impact with an object or
892
surface;
893
(III) any burn, including burns inflicted by hot water, or those caused by
894
placing a hot object upon the skin or body of the child;
895
(IV) any injury caused by use of a dangerous weapon;
896
(V) any combination of two or more [physical ]injuries inflicted by the same [
897
person] individual, either at the same time or on different occasions;
898
(VI) any damage to internal organs of the body;
899
(VII) any conduct toward a child that results in severe emotional harm, severe
900
developmental delay or intellectual disability, or severe impairment of the
901
child's ability to function;
902
(VIII) any injury that creates a permanent disfigurement or protracted loss or
903
impairment of the function of a bodily member, limb, or organ;
904
(IX) any impediment of the breathing or the circulation of blood by application
905
of pressure to the neck, throat, or chest, or by the obstruction of the nose or
906
mouth, that is likely to produce a loss of consciousness;
907
(X) any conduct involving unreasonable forcible restriction of a child's
908
movements, including restraining or confining the child with restraints or in
909
an enclosed space or forcing the child to remain in a stress position;
910
(XI) any conduct involving forcing or coercing a child to injure the child's self,
911
an individual known to the child, or an animal known to the child;
- 27 - S.B. 24 Enrolled Copy
912
(XII) any conduct involving a threat to harm or kill the child, an individual
913
known to the child, or an animal known to the child;
914
(XIII) any conduct involving unreasonably subjecting a child to excessive heat,
915
cold, darkness, solitary confinement, or sleep deprivation;
916
[(X)] (XIV) any conduct that results in starvation[ or ] , dehydration, failure to
917
thrive, or malnutrition, that jeopardizes the child's life or seriously injures
918
the child's physical or mental well-being or development; or
919
[(XI)] (XV) unconsciousness caused by the unlawful infliction of a brain injury
920
or unlawfully causing any deprivation of oxygen to the brain.
921
(b) Terms defined in Section 76-1-101.5 apply to this section.
922
(2) An actor commits child abuse if the actor:
923
(a) inflicts upon a child [physical] an injury; or
924
(b) having the care or custody of [such] a child, causes or permits another to inflict [
925
physical ] an injury upon [a] the child.
926
(3)(a) A violation of Subsection (2) is a class A misdemeanor if done intentionally or
927
knowingly.
928
(b) A violation of Subsection (2) is a class B misdemeanor if done recklessly.
929
(c) A violation of Subsection (2) is a class C misdemeanor if done with criminal
930
negligence.
931
(4)(a) A parent or legal guardian who provides a child with treatment by spiritual means
932
alone through prayer, in lieu of medical treatment, in accordance with the tenets and
933
practices of an established church or religious denomination of which the parent or
934
legal guardian is a member or adherent may not, for that reason alone, be considered
935
to have committed an offense under this section.
936
(b) A parent or guardian of a child does not violate this section by selecting a treatment
937
option for a medical condition of the child, if the treatment option is one that a
938
reasonable parent or guardian would believe to be in the best interest of the child.
939
(c) An actor is not guilty of an offense under this section for conduct that constitutes:
940
(i) reasonable discipline or management of a child, including withholding privileges;
941
(ii) conduct described in Section 76-2-401; or
942
(iii) the use of reasonable and necessary physical restraint or force on a child:
943
(A) in self-defense;
944
(B) in defense of others;
945
(C) to protect the child; or
- 28 - Enrolled Copy S.B. 24
946
(D) to remove a weapon in the possession of a child for any of the reasons
947
described in Subsections (4)(c)(iii)(A) through (C).
948
Section 7. Section 76-5-109.2 is amended to read:
949
76-5-109.2 . Aggravated child abuse.
950
(1)(a) As used in this section:
951
(i) "Child" means the same as that term is defined in Section 76-5-109.
952
(ii) "Serious [physical ]injury" means the same as that term is defined in Section
953
76-5-109.
954
(b) Terms defined in Section 76-1-101.5 apply to this section.
955
(2) [An ] Under circumstances not amounting to a violation of Section 76-5-109.4, Child
956
torture, an actor commits aggravated child abuse if the actor:
957
(a) inflicts upon a child a serious [physical ]injury; or
958
(b) having the care or custody of [such] a child, causes or permits another to inflict a
959
serious [physical ]injury upon [a] the child.
960
(3)(a) A violation of Subsection (2) is a second degree felony if done intentionally or
961
knowingly.
962
(b) A violation of Subsection (2) is a third degree felony if done recklessly.
963
(c) A violation of Subsection (2) is a class A misdemeanor if done with criminal
964
negligence.
965
(4)(a) A parent or legal guardian who provides a child with treatment by spiritual means
966
alone through prayer, in lieu of medical treatment, in accordance with the tenets and
967
practices of an established church or religious denomination of which the parent or
968
legal guardian is a member or adherent may not, for that reason alone, be considered
969
to have committed an offense under this section.
970
(b) A parent or guardian of a child does not violate this section by selecting a treatment
971
option for the medical condition of the child, if the treatment option is one that a
972
reasonable parent or guardian would believe to be in the best interest of the child.
973
(c) An actor is not guilty of an offense under this section for conduct that constitutes:
974
(i) conduct described in Section 76-2-401; or
975
(ii) the use of reasonable and necessary physical restraint or force on a child:
976
(A) in self-defense;
977
(B) in defense of others;
978
(C) to protect the child; or
979
(D) to remove a weapon in the possession of a child for any of the reasons
- 29 - S.B. 24 Enrolled Copy
980
described in Subsections (4)(c)(ii)(A) through (C).
981
Section 8. Section 76-5-109.3 is amended to read:
982
76-5-109.3 . Child abandonment.
983
(1)(a) As used in this section:
984
(i) "Child" means the same as that term is defined in Section 76-5-109.
985
(ii) "Enterprise" means the same as that term is defined in Section 76-10-1602.
986
(iii) "Serious [physical ]injury" means the same as that term is defined in Section
987
76-5-109.
988
(b) Terms defined in Section 76-1-101.5 apply to this section.
989
(2)(a) Except as provided in Subsection (4), an actor commits child abandonment if the
990
actor:
991
(i) is a parent or legal guardian of a child, and:
992
(A) intentionally ceases to maintain physical custody of the child;
993
(B) intentionally fails to make reasonable arrangements for the safety, care, and
994
physical custody of the child; and
995
(C)(I) intentionally fails to provide the child with food, shelter, or clothing;
996
(II) manifests an intent to permanently not resume physical custody of the
997
child; or
998
(III) for a period of at least 30 days, intentionally fails to resume physical
999
custody of the child and fails to manifest a genuine intent to resume
1000
physical custody of the child; or
1001
(ii) encourages or causes the parent or legal guardian of a child to violate Subsection
1002
(2)(a)(i).
1003
(b) Except as provided in Subsection (4), an enterprise commits child abandonment if
1004
the enterprise encourages, commands, induces by misrepresentation, or causes
1005
another to violate Subsection (2)(a).
1006
(3)(a)(i) A violation of Subsection (2) is a third degree felony.
1007
(ii) Notwithstanding Subsection (3)(a)(i), a violation of Subsection (2) is a second
1008
degree felony if, as a result of the child abandonment:
1009
(A) the child suffers a serious [physical ]injury; or
1010
(B) the actor or enterprise receives, directly or indirectly, any benefit.
1011
(b)(i) In addition to the penalty described in Subsection (3)(a)(ii), the court may order
1012
the actor or enterprise described in Subsection (3)(a)(ii)(B) to pay the costs of
1013
investigating and prosecuting the offense and the costs of securing any forfeiture
- 30 - Enrolled Copy S.B. 24
1014
provided for under Subsection (3)(b)(ii).
1015
(ii) Any tangible or pecuniary benefit received under Subsection (3)(a)(ii)(B) is
1016
subject to criminal or civil forfeiture pursuant to Title 77, Chapter 11b, Forfeiture
1017
of Seized Property.
1018
(4)(a) A parent or legal guardian who provides a child with treatment by spiritual means
1019
alone through prayer, in lieu of medical treatment, in accordance with the tenets and
1020
practices of an established church or religious denomination of which the parent or
1021
legal guardian is a member or adherent may not, for that reason alone, be considered
1022
to have committed an offense under this section.
1023
(b) An actor is not guilty of an offense under this section for conduct that constitutes:
1024
(i) the safe relinquishment of a child pursuant to the provisions of Section 80-4-502;
1025
(ii) giving legal consent to a court order for termination of parental rights:
1026
(A) in a legal adoption proceeding; or
1027
(B) in a case in which a petition for the termination of parental rights, or the
1028
termination of a guardianship, has been filed;
1029
(iii) reasonable discipline or management of a child, including withholding
1030
privileges; or
1031
(iv) conduct described in Section 76-2-401.
1032
(c) It is a defense to prosecution under Subsection (2)(a)(i) that the actor committed
1033
child abandonment due to:
1034
(i) intimidation;
1035
(ii) isolation;
1036
(iii) harassment;
1037
(iv) coercion;
1038
(v) the actor's reasonable fear of bodily harm; or
1039
(vi) the reasonable actions of the actor to protect the safety and welfare of the actor or
1040
another individual.
1041
Section 9. Section 76-5-109.4 is enacted to read:
1042
76-5-109.4 . Child torture.
1043
(1)(a) As used in this section:
1044
(i) "Child" means the same as that term is defined in Section 76-5-109.
1045
(ii) "Course of conduct" means a pattern of conduct composed of two or more acts
1046
that evidence a continuity of purpose.
1047
(iii) "Serious injury" means the same as that term is defined in Section 76-5-109.
- 31 - S.B. 24 Enrolled Copy
1048
(b) Terms defined in Section 76-1-101.5 apply to this section.
1049
(2) An actor commits child torture if the actor intentionally or knowingly inflicts upon a
1050
child, or having the care or custody of a child, intentionally or knowingly causes or
1051
permits another to inflict upon the child:
1052
(a) a serious injury that is inflicted in an exceptionally cruel or exceptionally depraved
1053
manner that causes the child to experience extreme physical or psychological pain or
1054
anguish; or
1055
(b) a serious injury, or more than one serious injury, as part of a course of conduct or
1056
over a prolonged period of time.
1057
(3)(a) Except as provided under Subsection (3)(b), a violation of Subsection (2) is a first
1058
degree felony subject to a sentence of imprisonment of at least 10 years and which
1059
may be for life.
1060
(b) If, when imposing a sentence of imprisonment, a court finds that a lesser term than
1061
the term described in Subsection (3)(a) is in the interests of justice and states the
1062
reasons for this finding on the record, the court may impose a term of imprisonment
1063
of not less than:
1064
(i) seven years and which may be for life; or
1065
(ii) four years and which may be for life.
1066
(4) Imprisonment under Subsection (3) is mandatory in accordance with Section 76-3-406.
1067
(5) An actor's conduct is not subject to punishment under Subsection (2)(b) if the serious
1068
injury that forms the basis for the offense is based solely on the commission of two or
1069
more injuries by the same individual as described under Subsection 76-5-109(1)
1070
(a)(iii)(B)(V).
1071
Section 10. Section 76-5-110 is amended to read:
1072
76-5-110 . Abuse or neglect of a child with a disability.
1073
(1)(a) As used in this section:
1074
(i) "Abuse" means:
1075
(A) inflicting [physical ]injury;
1076
(B) having the care or custody of a child with a disability, causing or permitting
1077
another to inflict [physical ]injury; or
1078
(C) unreasonable confinement.
1079
(ii) "Caretaker" means:
1080
(A) any parent, legal guardian, or other person having under that person's care and
1081
custody a child with a disability; or
- 32 - Enrolled Copy S.B. 24
1082
(B) any person, corporation, or public institution that has assumed by contract or
1083
court order the responsibility to provide food, shelter, clothing, medical, and
1084
other necessities to a child with a disability.
1085
(iii) "Child with a disability" means an individual under 18 years old who is impaired
1086
because of mental illness, mental deficiency, physical illness or disability, or other
1087
cause, to the extent that the individual is unable to care for the individual's own
1088
personal safety or to provide necessities such as food, shelter, clothing, and
1089
medical care.
1090
(iv) "Injury" means the same as that term is defined in Section 76-5-109.
1091
[(iv)] (v) "Neglect" means failure by a caretaker to provide care, nutrition, clothing,
1092
shelter, supervision, or medical care.
1093
[(v) "Physical injury" means the same as that term is defined in Section 76-5-109.]
1094
(b) Terms defined in Section 76-1-101.5 apply to this section.
1095
(2) An actor commits abuse or neglect of a child with a disability if the actor is a caretaker
1096
and intentionally, knowingly, or recklessly abuses or neglects a child with a disability.
1097
(3) A violation of Subsection (2) is a third degree felony.
1098
(4)(a) A parent or legal guardian who provides a child with treatment by spiritual means
1099
alone through prayer, in lieu of medical treatment, in accordance with the tenets and
1100
practices of an established church or religious denomination of which the parent or
1101
legal guardian is a member or adherent may not, for that reason alone, be considered
1102
to be in violation under this section.
1103
(b) Subject to Section 80-3-109, the exception under Subsection (4)(a) does not preclude
1104
a court from ordering medical services from a physician licensed to engage in the
1105
practice of medicine to be provided to the child where there is substantial risk of
1106
harm to the child's health or welfare if the treatment is not provided.
1107
(c) A caretaker of a child with a disability does not violate this section by selecting a
1108
treatment option for a medical condition of a child with a disability, if the treatment
1109
option is one that a reasonable caretaker would believe to be in the best interest of the
1110
child with a disability.
1111
Section 11. Section 76-5-202 is amended to read:
1112
76-5-202 . Aggravated murder -- Penalties -- Affirmative defense and special
1113
mitigation -- Separate offense.
1114
(1)(a) As used in this section:
1115
(i) "Correctional officer" means the same as that term is defined in Section 53-13-104.
- 33 - S.B. 24 Enrolled Copy
1116
(ii) "Emergency responder" means the same as that term is defined in Section
1117
53-2b-102.
1118
(iii) "Federal officer" means the same as that term is defined in Section 53-13-106.
1119
(iv) "Law enforcement officer" means the same as that term is defined in Section
1120
53-13-103.
1121
(v) "Peace officer" means:
1122
(A) a correctional officer, federal officer, law enforcement officer, or special
1123
function officer; or
1124
(B) any other person who may exercise peace officer authority in accordance with
1125
Title 53, Chapter 13, Peace Officer Classifications.
1126
(vi) "Special function officer" means the same as that term is defined in Section
1127
53-13-105.
1128
(vii) "Target a law enforcement officer" means an act:
1129
(A) involving the unlawful use of force and violence against a law enforcement
1130
officer;
1131
(B) that causes serious bodily injury or death; and
1132
(C) that is in furtherance of political or social objectives in order to intimidate or
1133
coerce a civilian population or to influence or affect the conduct of a
1134
government or a unit of government.
1135
(viii) "Weapon of mass destruction" means the same as that term is defined in Section
1136
76-10-401.
1137
(b) Terms defined in Section 76-1-101.5 apply to this section.
1138
(2)(a) An actor commits aggravated murder if the actor intentionally or knowingly
1139
causes the death of another individual under any of the following circumstances:
1140
(i) the actor committed homicide while confined in a jail or other correctional
1141
institution;
1142
(ii)(A) the actor committed homicide incident to one act, scheme, course of
1143
conduct, or criminal episode during which two or more individuals other than
1144
the actor were killed; or
1145
(B) the actor, during commission of the homicide, attempted to kill one or more
1146
other individuals in addition to the deceased individual;
1147
(iii) the actor knowingly created a great risk of death to another individual other than
1148
the deceased individual and the actor;
1149
(iv) the actor committed homicide incident to an act, scheme, course of conduct, or
- 34 - Enrolled Copy S.B. 24
1150
criminal episode during which the actor committed or attempted to commit
1151
aggravated robbery, robbery, rape, rape of a child, object rape, object rape of a
1152
child, forcible sodomy, sodomy upon a child, forcible sexual abuse, sexual abuse
1153
of a child, aggravated sexual abuse of a child, aggravated child abuse as described
1154
in Subsection 76-5-109.2(3)(a), child torture, or aggravated sexual assault,
1155
aggravated arson, arson, aggravated burglary, burglary, aggravated kidnapping, or
1156
kidnapping, or child kidnapping;
1157
(v) the actor committed homicide incident to one act, scheme, course of conduct, or
1158
criminal episode during which the actor committed the crime of abuse or
1159
desecration of a dead human body as described in Subsection 76-9-704(2)(e);
1160
(vi) the actor committed homicide for the purpose of avoiding or preventing an arrest
1161
of the actor or another individual by a peace officer acting under color of legal
1162
authority or for the purpose of effecting the actor's or another individual's escape
1163
from lawful custody;
1164
(vii) the actor committed homicide for pecuniary gain;
1165
(viii) the actor committed, engaged, or employed another person to commit the
1166
homicide subject to an agreement or contract for remuneration or the promise of
1167
remuneration for commission of the homicide;
1168
(ix) the actor previously committed or was convicted of:
1169
(A) aggravated murder under this section;
1170
(B) attempted aggravated murder under this section;
1171
(C) murder, under Section 76-5-203;
1172
(D) attempted murder, under Section 76-5-203; or
1173
(E) an offense committed in another jurisdiction which if committed in this state
1174
would be a violation of a crime listed in this Subsection (2)(a)(ix);
1175
(x) the actor was previously convicted of:
1176
(A) aggravated assault, under Section 76-5-103;
1177
(B) mayhem, under Section 76-5-105;
1178
(C) kidnapping, under Section 76-5-301;
1179
(D) child kidnapping, under Section 76-5-301.1;
1180
(E) aggravated kidnapping, under Section 76-5-302;
1181
(F) rape, under Section 76-5-402;
1182
(G) rape of a child, under Section 76-5-402.1;
1183
(H) object rape, under Section 76-5-402.2;
- 35 - S.B. 24 Enrolled Copy
1184
(I) object rape of a child, under Section 76-5-402.3;
1185
(J) forcible sodomy, under Section 76-5-403;
1186
(K) sodomy on a child, under Section 76-5-403.1;
1187
(L) aggravated sexual abuse of a child, under Section 76-5-404.3;
1188
(M) aggravated sexual assault, under Section 76-5-405;
1189
(N) aggravated arson, under Section 76-6-103;
1190
(O) aggravated burglary, under Section 76-6-203;
1191
(P) aggravated robbery, under Section 76-6-302;
1192
(Q) felony discharge of a firearm, under Section 76-10-508.1; or
1193
(R) an offense committed in another jurisdiction which if committed in this state
1194
would be a violation of a crime listed in this Subsection (2)(a)(x);
1195
(xi) the actor committed homicide for the purpose of:
1196
(A) preventing a witness from testifying;
1197
(B) preventing a person from providing evidence or participating in any legal
1198
proceedings or official investigation;
1199
(C) retaliating against a person for testifying, providing evidence, or participating
1200
in any legal proceedings or official investigation; or
1201
(D) disrupting or hindering any lawful governmental function or enforcement of
1202
laws;
1203
(xii) the deceased individual was a local, state, or federal public official, or a
1204
candidate for public office, and the homicide is based on, is caused by, or is
1205
related to that official position, act, capacity, or candidacy;
1206
(xiii) the deceased individual was on duty in a verified position or the homicide is
1207
based on, is caused by, or is related to the deceased individual's position, and the
1208
actor knew, or reasonably should have known, that the deceased individual holds
1209
or has held the position of:
1210
(A) a peace officer;
1211
(B) an executive officer, prosecuting officer, jailer, or prison official;
1212
(C) a firefighter, search and rescue personnel, emergency medical personnel,
1213
ambulance personnel, or any other emergency responder;
1214
(D) a judge or other court official, juror, probation officer, or parole officer; or
1215
(E) a security officer contracted to secure, guard, or otherwise protect tangible
1216
personal property, real property, or the life and well-being of human or animal
1217
life in the area of the offense;
- 36 - Enrolled Copy S.B. 24
1218
(xiv) the actor committed homicide:
1219
(A) by means of a destructive device, bomb, explosive, incendiary device, or
1220
similar device which was planted, hidden, or concealed in any place, area,
1221
dwelling, building, or structure, or was mailed or delivered;
1222
(B) by means of any weapon of mass destruction; or
1223
(C) to target a law enforcement officer;
1224
(xv) the actor committed homicide during the act of unlawfully assuming control of
1225
an aircraft, train, or other public conveyance by use of threats or force with intent
1226
to:
1227
(A) obtain any valuable consideration for the release of the public conveyance or
1228
any passenger, crew member, or any other person aboard;
1229
(B) direct the route or movement of the public conveyance; or
1230
(C) otherwise exert control over the public conveyance;
1231
(xvi) the actor committed homicide by means of the administration of a poison or of
1232
any lethal substance or of any substance administered in a lethal amount, dosage,
1233
or quantity;
1234
(xvii) the deceased individual was held or otherwise detained as a shield, hostage, or
1235
for ransom;
1236
(xviii) the actor committed homicide in an especially heinous, atrocious, cruel, or
1237
exceptionally depraved manner, any of which must be demonstrated by physical
1238
torture, serious physical abuse, or serious bodily injury of the deceased individual
1239
before death;
1240
(xix) the actor dismembers, mutilates, or disfigures the deceased individual's body,
1241
whether before or after death, in a manner demonstrating the actor's depravity of
1242
mind; or
1243
(xx) the deceased individual, at the time of the death of the deceased individual:
1244
(A) was younger than 14 years old; and
1245
(B) was not an unborn child.
1246
(b) An actor commits aggravated murder if the actor, with reckless indifference to
1247
human life, causes the death of another individual incident to an act, scheme, course
1248
of conduct, or criminal episode during which the actor is a major participant in the
1249
commission or attempted commission of:
1250
(i) aggravated child abuse, punishable as a felony of the second degree under
1251
Subsection 76-5-109.2(3)(a);
- 37 - S.B. 24 Enrolled Copy
1252
(ii) child torture under Section 76-5-109.4;
1253
[(ii)] (iii) child kidnapping[,] under Section 76-5-301.1;
1254
[(iii)] (iv) rape of a child[,] under Section 76-5-402.1;
1255
[(iv)] (v) object rape of a child[,] under Section 76-5-402.3;
1256
[(v)] (vi) sodomy on a child[,] under Section 76-5-403.1; or
1257
[(vi)] (vii) sexual abuse or aggravated sexual abuse of a child[,] under Section
1258
76-5-404.1.
1259
(3)(a) If a notice of intent to seek the death penalty has been filed, a violation of
1260
Subsection (2) is a capital felony.
1261
(b) If a notice of intent to seek the death penalty has not been filed, aggravated murder is
1262
a noncapital first degree felony punishable as provided in Section 76-3-207.7.
1263
(c)(i) Within 60 days after arraignment of the defendant, the prosecutor may file
1264
notice of intent to seek the death penalty.
1265
(ii) The notice shall be served on the defendant or defense counsel and filed with the
1266
court.
1267
(iii) Notice of intent to seek the death penalty may be served and filed more than 60
1268
days after the arraignment upon written stipulation of the parties or upon a finding
1269
by the court of good cause.
1270
(d) Without the consent of the prosecutor, the court may not accept a plea of guilty to
1271
noncapital first degree felony aggravated murder during the period in which the
1272
prosecutor may file a notice of intent to seek the death penalty under Subsection
1273
(3)(c)(i).
1274
(e) If the defendant was younger than 18 years old at the time the offense was
1275
committed, aggravated murder is a noncapital first degree felony punishable as
1276
provided in Section 76-3-207.7.
1277
(f) Notwithstanding Subsection (3)(a) or (3)(b), if the trier of fact finds the elements of
1278
aggravated murder, or alternatively, attempted aggravated murder, as described in
1279
this section, are proved beyond a reasonable doubt, and also finds that the existence
1280
of special mitigation is established by a preponderance of the evidence and in
1281
accordance with Section 76-5-205.5, the court shall enter a judgment of conviction as
1282
follows:
1283
(i) if the trier of fact finds the defendant guilty of aggravated murder, the court shall
1284
enter a judgment of conviction for murder; or
1285
(ii) if the trier of fact finds the defendant guilty of attempted aggravated murder, the
- 38 - Enrolled Copy S.B. 24
1286
court shall enter a judgment of conviction for attempted murder.
1287
(4)(a) It is an affirmative defense to a charge of aggravated murder or attempted
1288
aggravated murder that the actor caused the death of another or attempted to cause
1289
the death of another under a reasonable belief that the circumstances provided a legal
1290
justification or excuse for the conduct although the conduct was not legally justifiable
1291
or excusable under the existing circumstances.
1292
(b) The reasonable belief of the actor under Subsection (4)(a) shall be determined from
1293
the viewpoint of a reasonable person under the then existing circumstances.
1294
(c) Notwithstanding Subsection (3)(a) or (3)(b), if the trier of fact finds the elements of
1295
aggravated murder, or alternatively, attempted aggravated murder, as described in
1296
this section, are proved beyond a reasonable doubt, and also finds the affirmative
1297
defense described in this Subsection (4) is not disproven beyond a reasonable doubt,
1298
the court shall enter a judgment of conviction as follows:
1299
(i) if the trier of fact finds the defendant guilty of aggravated murder, the court shall
1300
enter a judgment of conviction for murder; or
1301
(ii) if the trier of fact finds the defendant guilty of attempted aggravated murder, the
1302
court shall enter a judgment of conviction for attempted murder.
1303
(5)(a) Any aggravating circumstance described in Subsection (2) that constitutes a
1304
separate offense does not merge with the crime of aggravated murder.
1305
(b) An actor who is convicted of aggravated murder, based on an aggravating
1306
circumstance described in Subsection (2) that constitutes a separate offense, may also
1307
be convicted of, and punished for, the separate offense.
1308
Section 12. Section 76-5-203 is amended to read:
1309
76-5-203 . Murder -- Penalties-- Affirmative defense and special mitigation --
1310
Separate offenses.
1311
(1)(a) As used in this section, "predicate offense" means:
1312
(i) a clandestine drug lab violation under Section 58-37d-4 or 58-37d-5;
1313
(ii) aggravated child abuse, under Subsection 76-5-109.2(3)(a), when the abused
1314
individual is younger than 18 years old;
1315
(iii) child torture under Section 76-5-109.4;
1316
[(iii)] (iv) kidnapping under Section 76-5-301;
1317
[(iv)] (v) child kidnapping under Section 76-5-301.1;
1318
[(v)] (vi) aggravated kidnapping under Section 76-5-302;
1319
[(vi)] (vii) rape under Section 76-5-402;
- 39 - S.B. 24 Enrolled Copy
1320
[(vii)] (viii) rape of a child under Section 76-5-402.1;
1321
[(viii)] (ix) object rape under Section 76-5-402.2;
1322
[(ix)] (x) object rape of a child under Section 76-5-402.3;
1323
[(x)] (xi) forcible sodomy under Section 76-5-403;
1324
[(xi)] (xii) sodomy upon a child under Section 76-5-403.1;
1325
[(xii)] (xiii) forcible sexual abuse under Section 76-5-404;
1326
[(xiii)] (xiv) sexual abuse of a child under Section 76-5-404.1;
1327
[(xiv)] (xv) aggravated sexual abuse of a child under Section 76-5-404.3;
1328
[(xv)] (xvi) aggravated sexual assault under Section 76-5-405;
1329
[(xvi)] (xvii) arson under Section 76-6-102;
1330
[(xvii)] (xviii) aggravated arson under Section 76-6-103;
1331
[(xviii)] (xix) burglary under Section 76-6-202;
1332
[(xix)] (xx) aggravated burglary under Section 76-6-203;
1333
[(xx)] (xxi) robbery under Section 76-6-301;
1334
[(xxi)] (xxii) aggravated robbery under Section 76-6-302;
1335
[(xxii)] (xxiii) escape under Section 76-8-309;
1336
[(xxiii)] (xxiv) aggravated escape under Section 76-8-309.3; or
1337
[(xxiv)] (xxv) a felony violation of Section 76-10-508 or 76-10-508.1 regarding
1338
discharge of a firearm or dangerous weapon.
1339
(b) Terms defined in Section 76-1-101.5 apply to this section.
1340
(2) An actor commits murder if:
1341
(a) the actor intentionally or knowingly causes the death of another individual;
1342
(b) intending to cause serious bodily injury to another individual, the actor commits an
1343
act clearly dangerous to human life that causes the death of the other individual;
1344
(c) acting under circumstances evidencing a depraved indifference to human life, the
1345
actor knowingly engages in conduct that creates a grave risk of death to another
1346
individual and thereby causes the death of the other individual;
1347
(d)(i) the actor is engaged in the commission, attempted commission, or immediate
1348
flight from the commission or attempted commission of any predicate offense, or
1349
is a party to the predicate offense;
1350
(ii) an individual other than a party described in Section 76-2-202 is killed in the
1351
course of the commission, attempted commission, or immediate flight from the
1352
commission or attempted commission of any predicate offense; and
1353
(iii) the actor acted with the intent required as an element of the predicate offense;
- 40 - Enrolled Copy S.B. 24
1354
(e) the actor recklessly causes the death of a peace officer or military service member in
1355
uniform while in the commission or attempted commission of:
1356
(i) an assault against a peace officer under Section 76-5-102.4;
1357
(ii) interference with a peace officer while making a lawful arrest under Section
1358
76-8-305 if the actor uses force against the peace officer; or
1359
(iii) an assault against a military service member in uniform under Section 76-5-102.4;
1360
or
1361
(f) the actor commits a homicide that would be aggravated murder, but the offense is
1362
reduced in accordance with Subsection 76-5-202(4).
1363
(3)(a)(i) A violation of Subsection (2) is a first degree felony.
1364
(ii) A defendant who is convicted of murder shall be sentenced to imprisonment for
1365
an indeterminate term of not less than 15 years and which may be for life.
1366
(b) Notwithstanding Subsection (3)(a), if the trier of fact finds the elements of murder,
1367
or alternatively, attempted murder, as described in this section are proved beyond a
1368
reasonable doubt, and also finds that the existence of special mitigation is established
1369
by a preponderance of the evidence and in accordance with Section 76-5-205.5, the
1370
court shall enter a judgment of conviction as follows:
1371
(i) if the trier of fact finds the defendant guilty of murder, the court shall enter a
1372
judgment of conviction for manslaughter; or
1373
(ii) if the trier of fact finds the defendant guilty of attempted murder, the court shall,
1374
notwithstanding Subsection 76-4-102(1)(b) or 76-4-102(1)(c)(i), enter a judgment
1375
of conviction for attempted manslaughter.
1376
(4)(a) It is an affirmative defense to a charge of murder or attempted murder that the
1377
defendant caused the death of another individual or attempted to cause the death of
1378
another individual under a reasonable belief that the circumstances provided a legal
1379
justification or excuse for the conduct although the conduct was not legally justifiable
1380
or excusable under the existing circumstances.
1381
(b) The reasonable belief of the actor under Subsection (4)(a) shall be determined from
1382
the viewpoint of a reasonable person under the then existing circumstances.
1383
(c) Notwithstanding Subsection (3)(a), if the trier of fact finds the elements of murder, or
1384
alternatively, attempted murder, as described in this section are proved beyond a
1385
reasonable doubt, and also finds the affirmative defense described in this Subsection
1386
(4) is not disproven beyond a reasonable doubt, the court shall enter a judgment of
1387
conviction as follows:
- 41 - S.B. 24 Enrolled Copy
1388
(i) if the trier of fact finds the defendant guilty of murder, the court shall enter a
1389
judgment of conviction for manslaughter; or
1390
(ii) if the trier of fact finds the defendant guilty of attempted murder, the court shall
1391
enter a judgment of conviction for attempted manslaughter.
1392
(5)(a) Any predicate offense that constitutes a separate offense does not merge with the
1393
crime of murder.
1394
(b) An actor who is convicted of murder, based on a predicate offense that constitutes a
1395
separate offense, may also be convicted of, and punished for, the separate offense.
1396
Section 13. Section 76-5-208 is amended to read:
1397
76-5-208 . Child abuse homicide -- Penalties.
1398
(1)(a) As used in this section, "child abuse" means an offense described in [Sections]
1399
Section 76-5-109, 76-5-109.2, 76-5-109.3, [and] 76-5-109.4, or 76-5-114.
1400
(b) Terms defined in Section 76-1-101.5 apply to this section.
1401
(2) Unless a violation amounts to aggravated murder as described in Section 76-5-202, an
1402
actor commits child abuse homicide if:
1403
(a)(i) the actor causes the death of another individual who is younger than 18 years
1404
old; and
1405
(ii) the individual's death results from child abuse; and
1406
(b)(i) the child abuse is based on a violation of Section 76-5-109.4, Child Torture;
1407
(ii) the child abuse is done recklessly under Subsection 76-5-109.2(3)(b);
1408
[(ii)] (iii) the child abuse is done with criminal negligence under Subsection
1409
76-5-109.2(3)(c); or
1410
[(iii)] (iv) under circumstances not amounting to the type of child abuse homicide
1411
described in Subsection (2)(b)(i), the child abuse is done intentionally, knowingly,
1412
recklessly, or with criminal negligence, under Subsection 76-5-109(3)(a), (b), or
1413
(c).
1414
(3)(a) A violation of Subsection (2) under the circumstances described in Subsection
1415
(2)(b)(i) is a first degree felony.
1416
(b) A violation of Subsection (2) under the circumstances described in Subsection
1417
(2)(b)(ii) or (iii) is a second degree felony.
1418
Section 14. Section 76-7-101 is amended to read:
1419
76-7-101 . Bigamy -- Penalty -- Defense.
1420
(1) An individual is guilty of bigamy if:
1421
(a) the individual purports to marry another individual; and
- 42 - Enrolled Copy S.B. 24
1422
(b) knows or reasonably should know that one or both of the individuals described in
1423
Subsection (1)(a) are legally married to another individual.
1424
(2) An individual who violates Subsection (1) is guilty of an infraction.
1425
(3) An individual is guilty of a third degree felony if the individual induces bigamy:
1426
(a) under fraudulent or false pretenses; or
1427
(b) by threat or coercion.
1428
(4) An individual is guilty of a second degree felony if the individual:
1429
(a) cohabitates with another individual with whom the individual is engaged in bigamy
1430
as described in Subsection (1); and
1431
(b) in furtherance of the conduct described in Subsection (4)(a), commits a felony
1432
offense, or for Subsection [(4)(b)(xiii)] (4)(b)(xiv), a misdemeanor offense, in
1433
violation of one or more of the following:
1434
(i) Section 76-5-109, child abuse;
1435
(ii) Section 76-5-109.2, aggravated child abuse;
1436
(iii) Section 76-5-109.3, child abandonment;
1437
(iv) Section 76-5-109.4, child torture;
1438
[(iv)] (v) Section 76-5-111, abuse of a vulnerable adult;
1439
[(v)] (vi) Section 76-5-111.2, aggravated abuse of a vulnerable adult;
1440
[(vi)] (vii) Section 76-5-111.3, personal dignity exploitation of a vulnerable adult;
1441
[(vii)] (viii) Section 76-5-111.4, financial exploitation of a vulnerable adult;
1442
[(viii)] (ix) Chapter 5, Part 2, Criminal Homicide;
1443
[(ix)] (x) Section 76-5-208, child abuse homicide;
1444
[(x)] (xi) Chapter 5, Part 3, Kidnapping, Trafficking, and Smuggling;
1445
[(xi)] (xii) Chapter 5, Part 4, Sexual Offenses;
1446
[(xii)] (xiii) Section 76-7-201, criminal nonsupport;
1447
[(xiii)] (xiv) Section 76-9-702.1, sexual battery;
1448
[(xiv)] (xv) Title 77, Chapter 36, Cohabitant Abuse Procedures Act; or
1449
[(xv)] (xvi) Title 78B, Chapter 7, Part 8, Criminal Protective Orders.
1450
(5) It is a defense to prosecution under Subsection (2) that:
1451
(a) the individual ceased the practice of bigamy as described in Subsection (1) under
1452
reasonable fear of coercion or bodily harm;
1453
(b) the individual entered the practice of bigamy, as described in Subsection (1), as a
1454
minor and ceased the practice of bigamy at any time after the individual entered the
1455
practice of bigamy; or
- 43 - S.B. 24 Enrolled Copy
1456
(c) law enforcement discovers that the individual practices bigamy, as described in
1457
Subsection (1), as a result of the individual's efforts to protect the safety and welfare
1458
of another individual.
1459
Section 15. Section 77-41-102 is amended to read:
1460
77-41-102 . Definitions.
1461
As used in this chapter:
1462
(1) "Child abuse offender" means an individual:
1463
(a) who has been convicted in this state of a violation of:
1464
(i)(A) aggravated child abuse under Subsection 76-5-109.2(3)(a) or (b); or
1465
[(ii)] (B) attempting, soliciting, or conspiring to commit aggravated child abuse
1466
under Subsection 76-5-109.2(3)(a) or (b); or
1467
(ii)(A) child torture under Section 76-5-109.4; or
1468
(B) attempting, soliciting, or conspiring to commit child torture under Section
1469
76-5-109.4;
1470
(b)(i) who has been convicted of a crime, or an attempt, solicitation, or conspiracy to
1471
commit a crime in another jurisdiction, including a state, federal, or military court,
1472
that is substantially equivalent to the offense listed in Subsection (1)(a); and
1473
(ii)(A) who is a Utah resident; or
1474
(B) who is not a Utah resident but is in this state for a total of 10 days in a
1475
12-month period, regardless of whether the offender intends to permanently
1476
reside in this state;
1477
(c)(i)(A) who is required to register as a child abuse offender in another
1478
jurisdiction of original conviction;
1479
(B) who is required to register as a child abuse offender by a state, a federal, or a
1480
military court; or
1481
(C) who would be required to register as a child abuse offender if residing in the
1482
jurisdiction of the conviction regardless of the date of the conviction or a
1483
previous registration requirement; and
1484
(ii) who is in this state for a total of 10 days in a 12-month period, regardless of
1485
whether the offender intends to permanently reside in this state;
1486
(d)(i)(A) who is a nonresident regularly employed or working in this state; or
1487
(B) who is a student in this state; and
1488
(ii)(A) who was convicted of the offense listed in Subsection (1)(a) or a
1489
substantially equivalent offense in another jurisdiction; or
- 44 - Enrolled Copy S.B. 24
1490
(B) who is required to register in the individual's state of residence based on a
1491
conviction for an offense that is not substantially equivalent to an offense listed
1492
in Subsection (1)(a);
1493
(e) who is found not guilty by reason of insanity in this state or in another jurisdiction of
1494
the offense listed in Subsection (1)(a); or
1495
(f)(i) who is adjudicated under Section 80-6-701 for the offense listed in Subsection
1496
(1)(a); and
1497
(ii) who has been committed to the division for secure care, as defined in Section
1498
80-1-102, for that offense if:
1499
(A) the individual remains in the division's custody until 30 days before the
1500
individual's 21st birthday;
1501
(B) the juvenile court extended the juvenile court's jurisdiction over the individual
1502
under Section 80-6-605 and the individual remains in the division's custody
1503
until 30 days before the individual's 25th birthday; or
1504
(C) the individual is moved from the division's custody to the custody of the
1505
department before expiration of the division's jurisdiction over the individual.
1506
(2) "Bureau" means the Bureau of Criminal Identification of the Department of Public
1507
Safety established in [section] Section 53-10-201.
1508
(3) "Business day" means a day on which state offices are open for regular business.
1509
(4) "Certificate of eligibility" means a document issued by the Bureau of Criminal
1510
Identification showing that the offender has met the requirements of Section 77-41-112.
1511
(5)(a) "Convicted" means a plea or conviction of:
1512
(i) guilty;
1513
(ii) guilty with a mental illness; or
1514
(iii) no contest.
1515
(b) "Convicted" includes, unless otherwise specified, the period a plea is held in
1516
abeyance pursuant to a plea in abeyance agreement as defined in Section 77-2a-1.
1517
(c) "Convicted" does not include:
1518
(i) a withdrawn or dismissed plea in abeyance;
1519
(ii) a diversion agreement; or
1520
(iii) an adjudication of a minor for an offense under Section 80-6-701.
1521
(6) "Department" means the Department of Public Safety.
1522
(7) "Division" means the Division of Juvenile Justice and Youth Services.
1523
(8) "Employed" or "carries on a vocation" includes employment that is full time or part
- 45 - S.B. 24 Enrolled Copy
1524
time, whether financially compensated, volunteered, or for the purpose of government or
1525
educational benefit.
1526
(9) "Indian Country" means:
1527
(a) all land within the limits of any Indian reservation under the jurisdiction of the
1528
United States government, regardless of the issuance of any patent, and includes
1529
rights-of-way running through the reservation;
1530
(b) all dependent Indian communities within the borders of the United States whether
1531
within the original or subsequently acquired territory, and whether or not within the
1532
limits of a state; and
1533
(c) all Indian allotments, including the Indian allotments to which the Indian titles have
1534
not been extinguished, including rights-of-way running through the allotments.
1535
(10) "Jurisdiction" means any state, Indian Country, United States Territory, or property
1536
under the jurisdiction of the United States military, Canada, the United Kingdom,
1537
Australia, or New Zealand.
1538
(11) "Kidnap offender" means an individual, other than a natural parent of the victim:
1539
(a) who has been convicted in this state of a violation of:
1540
(i) kidnapping under Subsection 76-5-301(2)(c) or (d);
1541
(ii) child kidnapping under Section 76-5-301.1;
1542
(iii) aggravated kidnapping under Section 76-5-302;
1543
(iv) human trafficking for labor under Section 76-5-308;
1544
(v) human smuggling under Section 76-5-308.3;
1545
(vi) human trafficking of a child for labor under Subsection 76-5-308.5(4)(a);
1546
(vii) aggravated human trafficking under Section 76-5-310;
1547
(viii) aggravated human smuggling under Section 76-5-310.1;
1548
(ix) human trafficking of a vulnerable adult for labor under Section 76-5-311; or
1549
(x) attempting, soliciting, or conspiring to commit a felony offense listed in
1550
Subsections (11)(a)(i) through (ix);
1551
(b)(i) who has been convicted of a crime, or an attempt, solicitation, or conspiracy to
1552
commit a crime in another jurisdiction, including a state, federal, or military court,
1553
that is substantially equivalent to the offenses listed in Subsection (11)(a); and
1554
(ii)(A) who [isa] is a Utah resident; or
1555
(B) who is not a Utah resident but is in this state for a total of 10 days in a
1556
12-month period, regardless of whether the offender intends to permanently
1557
reside in this state;
- 46 - Enrolled Copy S.B. 24
1558
(c)(i)(A) who is required to register as a kidnap offender in another jurisdiction of
1559
original conviction;
1560
(B) who is required to register as a kidnap offender by a state, federal, or military
1561
court; or
1562
(C) who would be required to register as a kidnap offender if residing in the
1563
jurisdiction of the conviction regardless of the date of the conviction or a
1564
previous registration requirement; and
1565
(ii) who is in this state for a total of 10 days in a 12-month period, regardless of
1566
whether the offender intends to permanently reside in this state;
1567
(d)(i)(A) who is a nonresident regularly employed or working in this state; or
1568
(B) who is a student in this state; and
1569
(ii)(A) who was convicted of one or more offenses listed in Subsection (11)(a) or
1570
any substantially equivalent offense in another jurisdiction; or
1571
(B) who is required to register in the individual's state of residence based on a
1572
conviction for an offense that is not substantially equivalent to an offense listed
1573
in Subsection (11)(a);
1574
(e) who is found not guilty by reason of insanity in this state or in any other jurisdiction
1575
of one or more offenses listed in Subsection (11)(a); or
1576
(f)(i) who is adjudicated under Section 80-6-701 for one or more offenses listed in
1577
Subsection (11)(a); and
1578
(ii) who has been committed to the division for secure care, as defined in Section
1579
80-1-102, for that offense if:
1580
(A) the individual remains in the division's custody until 30 days before the
1581
individual's 21st birthday;
1582
(B) the juvenile court extended the juvenile court's jurisdiction over the individual
1583
under Section 80-6-605 and the individual remains in the division's custody
1584
until 30 days before the individual's 25th birthday; or
1585
(C) the individual is moved from the division's custody to the custody of the
1586
department before expiration of the division's jurisdiction over the individual.
1587
(12) "Natural parent" means a minor's biological or adoptive parent, including the minor's
1588
noncustodial parent.
1589
(13) "Offender" means a child abuse offender, kidnap offender, or sex offender.
1590
(14) "Online identifier" or "Internet identifier":
1591
(a) means any electronic mail, chat, instant messenger, social networking, or similar
- 47 - S.B. 24 Enrolled Copy
1592
name used for Internet communication; and
1593
(b) does not include date of birth, social security number, PIN number, or Internet
1594
passwords.
1595
(15) "Primary residence" means the location where the offender regularly resides, even if
1596
the offender intends to move to another location or return to another location at a future
1597
date.
1598
(16) "Register" means to comply with the requirements of this chapter and administrative
1599
rules of the department made under this chapter.
1600
(17) "Registration website" means the Sex, Kidnap, and Child Abuse Offender Notification
1601
and Registration website described in Section 77-41-110 and the information on the
1602
website.
1603
(18) "Secondary residence" means real property that the offender owns or has a financial
1604
interest in, or a location where the offender stays overnight a total of 10 or more nights
1605
in a 12-month period when not staying at the offender's primary residence.
1606
(19) "Sex offender" means an individual:
1607
(a) convicted in this state of:
1608
(i) a felony or class A misdemeanor violation of enticing a minor under Section
1609
76-4-401;
1610
(ii) sexual exploitation of a vulnerable adult under Section 76-5b-202;
1611
(iii) human trafficking for sexual exploitation under Section 76-5-308.1;
1612
(iv) human trafficking of a child for sexual exploitation under Subsection 76-5-308.5
1613
(4)(b);
1614
(v) aggravated human trafficking for sexual exploitation under Section 76-5-310;
1615
(vi) human trafficking of a vulnerable adult for sexual exploitation under Section
1616
76-5-311;
1617
(vii) unlawful sexual activity with a minor under Section 76-5-401, except as
1618
provided in Subsection 76-5-401(3)(b) or (c);
1619
(viii) sexual abuse of a minor under Section 76-5-401.1, except as provided in
1620
Subsection 76-5-401.1(3);
1621
(ix) unlawful sexual conduct with a 16 or 17 year old under Section 76-5-401.2;
1622
(x) rape under Section 76-5-402;
1623
(xi) rape of a child under Section 76-5-402.1;
1624
(xii) object rape under Section 76-5-402.2;
1625
(xiii) object rape of a child under Section 76-5-402.3;
- 48 - Enrolled Copy S.B. 24
1626
(xiv) a felony violation of forcible sodomy under Section 76-5-403;
1627
(xv) sodomy on a child under Section 76-5-403.1;
1628
(xvi) forcible sexual abuse under Section 76-5-404;
1629
(xvii) sexual abuse of a child under Section 76-5-404.1;
1630
(xviii) aggravated sexual abuse of a child under Section 76-5-404.3;
1631
(xix) aggravated sexual assault under Section 76-5-405;
1632
(xx) custodial sexual relations under Section 76-5-412, when the individual in
1633
custody is younger than 18 years old, if the offense is committed on or after May
1634
10, 2011;
1635
(xxi) sexual exploitation of a minor under Section 76-5b-201;
1636
(xxii) aggravated sexual exploitation of a minor under Section 76-5b-201.1;
1637
(xxiii) sexual extortion or aggravated sexual extortion under Section 76-5b-204;
1638
(xxiv) incest under Section 76-7-102;
1639
(xxv) lewdness under Section 76-9-702, if the individual has been convicted of the
1640
offense four or more times;
1641
(xxvi) sexual battery under Section 76-9-702.1, if the individual has been convicted
1642
of the offense four or more times;
1643
(xxvii) any combination of convictions of lewdness under Section 76-9-702, and of
1644
sexual battery under Section 76-9-702.1, that total four or more convictions;
1645
(xxviii) lewdness involving a child under Section 76-9-702.5;
1646
(xxix) a felony or class A misdemeanor violation of voyeurism under Section
1647
76-9-702.7;
1648
(xxx) aggravated exploitation of prostitution under Section 76-10-1306; or
1649
(xxxi) attempting, soliciting, or conspiring to commit a felony offense listed in this
1650
Subsection (19)(a);
1651
(b)(i) who has been convicted of a crime, or an attempt, solicitation, or conspiracy to
1652
commit a crime in another jurisdiction, including a state, federal, or military court,
1653
that is substantially equivalent to the offenses listed in Subsection (19)(a); and
1654
(ii)(A) who [isa] is a Utah resident; or
1655
(B) who is not a Utah resident but is in this state for a total of 10 days in a
1656
12-month period, regardless of whether the offender intends to permanently
1657
reside in this state;
1658
(c)(i)(A) who is required to register as a sex offender in another jurisdiction of
1659
original conviction;
- 49 - S.B. 24 Enrolled Copy
1660
(B) who is required to register as a sex offender by a state, federal, or military
1661
court; or
1662
(C) who would be required to register as a sex offender if residing in the
1663
jurisdiction of the original conviction regardless of the date of the conviction or
1664
a previous registration requirement; and
1665
(ii) who is in this state for a total of 10 days in a 12-month period, regardless of
1666
whether the offender intends to permanently reside in this state;
1667
(d)(i)(A) who is a nonresident regularly employed or working in this state; or
1668
(B) who is a student in this state; and
1669
(ii)(A) who was convicted of one or more offenses listed in Subsection (19)(a) or
1670
a substantially equivalent offense in another jurisdiction; or
1671
(B) who is required to register in the individual's jurisdiction of residence based
1672
on a conviction for an offense that is not substantially equivalent to an offense
1673
listed in Subsection (19)(a);
1674
(e) who is found not guilty by reason of insanity in this state, or in another jurisdiction of
1675
one or more offenses listed in Subsection (19)(a); or
1676
(f)(i) who is adjudicated under Section 80-6-701 for one or more offenses listed in
1677
Subsection (19)(a); and
1678
(ii) who has been committed to the division for secure care, as defined in Section
1679
80-1-102, for that offense if:
1680
(A) the individual remains in the division's custody until 30 days before the
1681
individual's 21st birthday;
1682
(B) the juvenile court extended the juvenile court's jurisdiction over the individual
1683
under Section 80-6-605 and the individual remains in the division's custody
1684
until 30 days before the individual's 25th birthday; or
1685
(C) the individual is moved from the division's custody to the custody of the
1686
department before expiration of the division's jurisdiction over the individual.
1687
(20) "Traffic offense" does not include a violation of Title 41, Chapter 6a, Part 5, Driving
1688
Under the Influence and Reckless Driving.
1689
(21) "Vehicle" means a motor vehicle, an aircraft, or a watercraft subject to registration in
1690
any jurisdiction.
1691
Section 16. Section 78B-6-117 is amended to read:
1692
78B-6-117 . Who may adopt -- Adoption of minor.
1693
(1) A minor child may be adopted by an adult individual, in accordance with this section
- 50 - Enrolled Copy S.B. 24
1694
and this part.
1695
(2) A child may be adopted by:
1696
(a) adults who are legally married to each other in accordance with the laws of this state,
1697
including adoption by a stepparent; or
1698
(b) subject to Subsections (3) and (4), a single adult.
1699
(3) A child may not be adopted by an individual who is cohabiting in a relationship that is
1700
not a legally valid and binding marriage under the laws of this state unless the individual
1701
is a relative of the child or a recognized placement under the Indian Child Welfare Act,
1702
25 U.S.C. Sec. 1901 et seq.
1703
(4) To provide a child who is in the custody of the division with the most beneficial family
1704
structure, when a child in the custody of the division is placed for adoption, the division
1705
or child-placing agency shall place the child with a married couple, unless:
1706
(a) there are no qualified married couples who:
1707
(i) have applied to adopt a child;
1708
(ii) are willing to adopt the child; and
1709
(iii) are an appropriate placement for the child;
1710
(b) the child is placed with a relative of the child;
1711
(c) the child is placed with an individual who has already developed a substantial
1712
relationship with the child;
1713
(d) the child is placed with an individual who:
1714
(i) is selected by a parent or former parent of the child, if the parent or former parent
1715
consented to the adoption of the child; and
1716
(ii) the parent or former parent described in Subsection (4)(d)(i):
1717
(A) knew the individual with whom the child is placed before the parent
1718
consented to the adoption; or
1719
(B) became aware of the individual with whom the child is placed through a
1720
source other than the division or the child-placing agency that assists with the
1721
adoption of the child; or
1722
(e) it is in the best interests of the child to place the child with a single adult.
1723
(5) Except as provided in Subsection (6), an adult may not adopt a child if, before adoption
1724
is finalized, the adult has been convicted of, pleaded guilty to, or pleaded no contest to a
1725
felony or attempted felony involving conduct that constitutes any of the following:
1726
(a) child abuse, as described in Section 76-5-109;
1727
(b) aggravated child abuse, as described in Section 76-5-109.2;
- 51 - S.B. 24 Enrolled Copy
1728
(c) child abandonment, as described in Section 76-5-109.3;
1729
(d) child torture, as described in Section 76-5-109.4;
1730
(e) commission of domestic violence in the presence of a child, as described in Section
1731
76-5-114;
1732
[(b)] (f) child abuse homicide, as described in Section 76-5-208;
1733
[(c)] (g) child kidnapping, as described in Section 76-5-301.1;
1734
[(d)] (h) human trafficking of a child, as described in Section 76-5-308.5;
1735
[(e)] (i) sexual abuse of a minor, as described in Section 76-5-401.1;
1736
[(f)] (j) rape of a child, as described in Section 76-5-402.1;
1737
[(g)] (k) object rape of a child, as described in Section 76-5-402.3;
1738
[(h)] (l) sodomy on a child, as described in Section 76-5-403.1;
1739
[(i)] (m) sexual abuse of a child, as described in Section 76-5-404.1, or aggravated sexual
1740
abuse of a child, as described in Section 76-5-404.3;
1741
[(j)] (n) sexual exploitation of a minor, as described in Section 76-5b-201;
1742
[(k)] (o) aggravated sexual exploitation of a minor, as described in Section 76-5b-201.1;
1743
or
1744
[(l) aggravated child abuse, as described in Section 76-5-109.2;]
1745
[(m) child abandonment, as described in Section 76-5-109.3;]
1746
[(n) commission of domestic violence in the presence of a child, as described in Section
1747
76-5-114; or]
1748
[(o)] (p) an offense in another state that, if committed in this state, would constitute an
1749
offense described in this Subsection (5).
1750
(6)(a) For purpose of this Subsection (6), "disqualifying offense" means an offense listed
1751
in Subsection (5) that prevents a court from considering an individual for adoption of
1752
a child except as provided in this Subsection (6).
1753
(b) An individual described in Subsection (5) may only be considered for adoption of a
1754
child if the following criteria are met by clear and convincing evidence:
1755
(i) at least 10 years have elapsed from the day on which the individual is successfully
1756
released from prison, jail, parole, or probation related to a disqualifying offense;
1757
(ii) during the 10 years before the day on which the individual files a petition with the
1758
court seeking adoption, the individual has not been convicted, pleaded guilty, or
1759
pleaded no contest to an offense greater than an infraction or traffic violation that
1760
would likely impact the health, safety, or well-being of the child;
1761
(iii) the individual can provide evidence of successful treatment or rehabilitation
- 52 - Enrolled Copy S.B. 24
1762
directly related to the disqualifying offense;
1763
(iv) the court determines that the risk related to the disqualifying offense is unlikely
1764
to cause harm, as defined in Section 80-1-102, or potential harm to the child
1765
currently or at any time in the future when considering all of the following:
1766
(A) the child's age;
1767
(B) the child's gender;
1768
(C) the child's development;
1769
(D) the nature and seriousness of the disqualifying offense;
1770
(E) the preferences of a child 12 years old or older;
1771
(F) any available assessments, including custody evaluations, home studies,
1772
pre-placement adoptive evaluations, parenting assessments, psychological or
1773
mental health assessments, and bonding assessments; and
1774
(G) any other relevant information;
1775
(v) the individual can provide evidence of all of the following:
1776
(A) the relationship with the child is of long duration;
1777
(B) that an emotional bond exists with the child; and
1778
(C) that adoption by the individual who has committed the disqualifying offense
1779
ensures the best interests of the child are met; and
1780
(vi) the adoption is by:
1781
(A) a stepparent whose spouse is the adoptee's parent and consents to the
1782
adoption; or
1783
(B) subject to Subsection (6)(d), a relative of the child as defined in Section
1784
80-3-102 and there is not another relative without a disqualifying offense filing
1785
an adoption petition.
1786
(c) The individual with the disqualifying offense bears the burden of proof regarding
1787
why adoption with that individual is in the best interest of the child over another
1788
responsible relative or equally situated individual who does not have a disqualifying
1789
offense.
1790
(d) If there is an alternative responsible relative who does not have a disqualifying
1791
offense filing an adoption petition, the following applies:
1792
(i) preference for adoption shall be given to a relative who does not have a
1793
disqualifying offense; and
1794
(ii) before the court may grant adoption to the individual who has the disqualifying
1795
offense over another responsible, willing, and able relative:
- 53 - S.B. 24 Enrolled Copy
1796
(A) an impartial custody evaluation shall be completed; and
1797
(B) a guardian ad litem shall be assigned.
1798
(7) Subsections (5) and (6) apply to a case pending on March 25, 2017, for which a final
1799
decision on adoption has not been made and to a case filed on or after March 25, 2017.
1800
Section 17. Section 78B-7-801 is amended to read:
1801
78B-7-801 . Definitions.
1802
As used in this part:
1803
(1)(a) "Jail release agreement" means a written agreement that is entered into by an
1804
individual who is arrested or issued a citation, regardless of whether the individual is
1805
booked into jail:
1806
(i) under which the arrested or cited individual agrees to not engage in any of the
1807
following:
1808
(A) telephoning, contacting, or otherwise communicating with the alleged victim,
1809
directly or indirectly;
1810
(B) threatening or harassing the alleged victim; or
1811
(C) knowingly entering onto the premises of the alleged victim's residence or on
1812
premises temporarily occupied by the alleged victim, unless, after a law
1813
enforcement officer or the law enforcement officer's employing agency notifies
1814
or attempts to notify the alleged victim, the individual enters the premises
1815
while accompanied by a law enforcement officer for the purpose of retrieving
1816
the individual's personal belongings; and
1817
(ii) that specifies other conditions of release from jail or arrest.
1818
(b) "Jail release agreement" includes a written agreement that includes the conditions
1819
described in Section (1)(a) entered into by a minor who is taken into custody or
1820
placed in detention or a shelter facility under Section 80-6-201.
1821
(2) "Jail release court order" means a written court order that:
1822
(a) orders an arrested or cited individual not to engage in any of the following:
1823
(i) telephoning, contacting, or otherwise communicating with the alleged victim,
1824
directly or indirectly;
1825
(ii) threatening or harassing the alleged victim; or
1826
(iii) knowingly entering onto the premises of the alleged victim's residence or on
1827
premises temporarily occupied by the alleged victim, unless, after a law
1828
enforcement officer or the law enforcement officer's employing agency notifies or
1829
attempts to notify the alleged victim, the individual enters the premises while
- 54 - Enrolled Copy S.B. 24
1830
accompanied by a law enforcement officer for the purpose of retrieving the
1831
individual's personal belongings; and
1832
(b) specifies other conditions of release from jail.
1833
(3) "Minor" means the same as that term is defined in Section 80-1-102.
1834
(4) "Offense against a child or vulnerable adult" means the commission or attempted
1835
commission of an offense described in:
1836
(a) Section 76-5-109, child abuse;
1837
(b) Section 76-5-109.2, aggravated child abuse;
1838
(c) Section 76-5-109.3, child abandonment;
1839
(d) Section 76-5-109.4, child torture;
1840
[(d)] (e) Section 76-5-110, abuse or neglect of a child with a disability;
1841
[(e)] (f) Section 76-5-111, abuse of a vulnerable adult;
1842
[(f)] (g) Section 76-5-111.2, aggravated abuse of a vulnerable adult;
1843
[(g)] (h) Section 76-5-111.3, personal dignity exploitation of a vulnerable adult;
1844
[(h)] (i) Section 76-5-111.4, financial exploitation of a vulnerable adult;
1845
[(i)] (j) Section 76-5-114, commission of domestic violence in the presence of a child; or
1846
[(j)] (k) Section 76-9-702.1, sexual battery.
1847
(5) "Qualifying offense" means:
1848
(a) domestic violence;
1849
(b) an offense against a child or vulnerable adult; or
1850
(c) the commission or attempted commission of an offense described in Section
1851
76-9-702.1 or Title 76, Chapter 5, Part 4, Sexual Offenses.
1852
Section 18. Section 80-1-102 is amended to read:
1853
80-1-102 . Juvenile Code definitions.
1854
Except as provided in Section 80-6-1103, as used in this title:
1855
(1)(a) "Abuse" means:
1856
(i)(A) nonaccidental harm of a child;
1857
(B) threatened harm of a child;
1858
(C) sexual exploitation;
1859
(D) sexual abuse; or
1860
(E) human trafficking of a child in violation of Section 76-5-308.5; or
1861
(ii) that a child's natural parent:
1862
(A) intentionally, knowingly, or recklessly causes the death of another parent of
1863
the child;
- 55 - S.B. 24 Enrolled Copy
1864
(B) is identified by a law enforcement agency as the primary suspect in an
1865
investigation for intentionally, knowingly, or recklessly causing the death of
1866
another parent of the child; or
1867
(C) is being prosecuted for or has been convicted of intentionally, knowingly, or
1868
recklessly causing the death of another parent of the child.
1869
(b) "Abuse" does not include:
1870
(i) reasonable discipline or management of a child, including withholding privileges;
1871
(ii) conduct described in Section 76-2-401; or
1872
(iii) the use of reasonable and necessary physical restraint or force on a child:
1873
(A) in self-defense;
1874
(B) in defense of others;
1875
(C) to protect the child; or
1876
(D) to remove a weapon in the possession of a child for any of the reasons
1877
described in Subsections (1)(b)(iii)(A) through (C).
1878
(2) "Abused child" means a child who has been subjected to abuse.
1879
(3)(a) "Adjudication" means, except as provided in Subsection (3)(b):
1880
(i) for a delinquency petition or criminal information under Chapter 6, Juvenile
1881
Justice:
1882
(A) a finding by the juvenile court that the facts alleged in a delinquency petition
1883
or criminal information alleging that a minor committed an offense have been
1884
proved;
1885
(B) an admission by a minor in the juvenile court as described in Section 80-6-306;
1886
or
1887
(C) a plea of no contest by minor in the juvenile court; or
1888
(ii) for all other proceedings under this title, a finding by the juvenile court that the
1889
facts alleged in the petition have been proved.
1890
(b) "Adjudication" does not include:
1891
(i) an admission by a minor described in Section 80-6-306 until the juvenile court
1892
enters the minor's admission; or
1893
(ii) a finding of not competent to proceed in accordance with Section 80-6-402.
1894
(4)(a) "Adult" means an individual who is 18 years old or older.
1895
(b) "Adult" does not include an individual:
1896
(i) who is 18 years old or older; and
1897
(ii) who is a minor.
- 56 - Enrolled Copy S.B. 24
1898
(5) "Attorney guardian ad litem" means the same as that term is defined in Section
1899
78A-2-801.
1900
(6) "Board" means the Board of Juvenile Court Judges.
1901
(7) "Child" means, except as provided in Section 80-2-905, an individual who is under 18
1902
years old.
1903
(8) "Child and family plan" means a written agreement between a child's parents or
1904
guardian and the Division of Child and Family Services as described in Section 80-3-307.
1905
(9) "Child placing" means the same as that term is defined in Section 26B-2-101.
1906
(10) "Child-placing agency" means the same as that term is defined in Section 26B-2-101.
1907
(11) "Child protection team" means a team consisting of:
1908
(a) the child welfare caseworker assigned to the case;
1909
(b) if applicable, the child welfare caseworker who made the decision to remove the
1910
child;
1911
(c) a representative of the school or school district where the child attends school;
1912
(d) if applicable, the law enforcement officer who removed the child from the home;
1913
(e) a representative of the appropriate Children's Justice Center, if one is established
1914
within the county where the child resides;
1915
(f) if appropriate, and known to the division, a therapist or counselor who is familiar
1916
with the child's circumstances;
1917
(g) if appropriate, a representative of law enforcement selected by the chief of police or
1918
sheriff in the city or county where the child resides; and
1919
(h) any other individuals determined appropriate and necessary by the team coordinator
1920
and chair.
1921
(12)(a) "Chronic abuse" means repeated or patterned abuse.
1922
(b) "Chronic abuse" does not mean an isolated incident of abuse.
1923
(13)(a) "Chronic neglect" means repeated or patterned neglect.
1924
(b) "Chronic neglect" does not mean an isolated incident of neglect.
1925
(14) "Clandestine laboratory operation" means the same as that term is defined in Section
1926
58-37d-3.
1927
(15) "Commit" or "committed" means, unless specified otherwise:
1928
(a) with respect to a child, to transfer legal custody; and
1929
(b) with respect to a minor who is at least 18 years old, to transfer custody.
1930
(16) "Community-based program" means a nonsecure residential or nonresidential program,
1931
designated to supervise and rehabilitate juvenile offenders, that prioritizes the least
- 57 - S.B. 24 Enrolled Copy
1932
restrictive setting, consistent with public safety, and operated by or under contract with
1933
the Division of Juvenile Justice and Youth Services.
1934
(17) "Community placement" means placement of a minor in a community-based program
1935
described in Section 80-5-402.
1936
(18) "Correctional facility" means:
1937
(a) a county jail; or
1938
(b) a secure correctional facility as defined in Section 64-13-1.
1939
(19) "Criminogenic risk factors" means evidence-based factors that are associated with a
1940
minor's likelihood of reoffending.
1941
(20) "Department" means the Department of Health and Human Services created in Section
1942
26B-1-201.
1943
(21) "Dependent child" or "dependency" means a child who is without proper care through
1944
no fault of the child's parent, guardian, or custodian.
1945
(22) "Deprivation of custody" means transfer of legal custody by the juvenile court from a
1946
parent or a previous custodian to another person, agency, or institution.
1947
(23) "Detention" means home detention or secure detention.
1948
(24) "Detention facility" means a facility, established by the Division of Juvenile Justice
1949
and Youth Services in accordance with Section 80-5-501, for minors held in detention.
1950
(25) "Detention risk assessment tool" means an evidence-based tool established under
1951
Section 80-5-203 that:
1952
(a) assesses a minor's risk of failing to appear in court or reoffending before
1953
adjudication; and
1954
(b) is designed to assist in making a determination of whether a minor shall be held in
1955
detention.
1956
(26) "Developmental immaturity" means incomplete development in one or more domains
1957
that manifests as a functional limitation in the minor's present ability to:
1958
(a) consult with counsel with a reasonable degree of rational understanding; and
1959
(b) have a rational as well as factual understanding of the proceedings.
1960
(27) "Disposition" means an order by a juvenile court, after the adjudication of a minor,
1961
under Section 80-3-405 or 80-4-305 or Chapter 6, Part 7, Adjudication and Disposition.
1962
(28) "Educational neglect" means that, after receiving a notice of compulsory education
1963
violation under Section 53G-6-202, the parent or guardian fails to make a good faith
1964
effort to ensure that the child receives an appropriate education.
1965
(29) "Educational series" means an evidence-based instructional series:
- 58 - Enrolled Copy S.B. 24
1966
(a) obtained at a substance abuse program that is approved by the Division of Integrated
1967
Healthcare in accordance with Section 26B-5-104; and
1968
(b) designed to prevent substance use or the onset of a mental health disorder.
1969
(30) "Emancipated" means the same as that term is defined in Section 80-7-102.
1970
(31) "Evidence-based" means a program or practice that has had multiple randomized
1971
control studies or a meta-analysis demonstrating that the program or practice is effective
1972
for a specific population or has been rated as effective by a standardized program
1973
evaluation tool.
1974
(32) "Forensic evaluator" means the same as that term is defined in Section 77-15-2.
1975
(33) "Formal probation" means a minor is:
1976
(a) supervised in the community by, and reports to, a juvenile probation officer or an
1977
agency designated by the juvenile court; and
1978
(b) subject to return to the juvenile court in accordance with Section 80-6-607.
1979
(34) "Group rehabilitation therapy" means psychological and social counseling of one or
1980
more individuals in the group, depending upon the recommendation of the therapist.
1981
(35) "Guardian" means a person appointed by a court to make decisions regarding a minor,
1982
including the authority to consent to:
1983
(a) marriage;
1984
(b) enlistment in the armed forces;
1985
(c) major medical, surgical, or psychiatric treatment; or
1986
(d) legal custody, if legal custody is not vested in another individual, agency, or
1987
institution.
1988
(36) "Guardian ad litem" means the same as that term is defined in Section 78A-2-801.
1989
(37) "Harm" means:
1990
(a) physical or developmental injury or damage;
1991
(b) emotional damage that results in a serious impairment in the child's growth,
1992
development, behavior, or psychological functioning;
1993
(c) sexual abuse; or
1994
(d) sexual exploitation.
1995
(38) "Home detention" means placement of a minor:
1996
(a) if prior to a disposition, in the minor's home, or in a surrogate home with the consent
1997
of the minor's parent, guardian, or custodian, under terms and conditions established
1998
by the Division of Juvenile Justice and Youth Services or the juvenile court; or
1999
(b) if after a disposition, and in accordance with Section 78A-6-353 or 80-6-704, in the
- 59 - S.B. 24 Enrolled Copy
2000
minor's home, or in a surrogate home with the consent of the minor's parent,
2001
guardian, or custodian, under terms and conditions established by the Division of
2002
Juvenile Justice and Youth Services or the juvenile court.
2003
(39)(a) "Incest" means engaging in sexual intercourse with an individual whom the
2004
perpetrator knows to be the perpetrator's ancestor, descendant, brother, sister, uncle,
2005
aunt, nephew, niece, or first cousin.
2006
(b) "Incest" includes:
2007
(i) blood relationships of the whole or half blood, regardless of whether the
2008
relationship is legally recognized;
2009
(ii) relationships of parent and child by adoption; and
2010
(iii) relationships of stepparent and stepchild while the marriage creating the
2011
relationship of a stepparent and stepchild exists.
2012
(40) "Indian child" means the same as that term is defined in 25 U.S.C. Sec. 1903.
2013
(41) "Indian tribe" means the same as that term is defined in 25 U.S.C. Sec. 1903.
2014
(42) "Indigent defense service provider" means the same as that term is defined in Section
2015
78B-22-102.
2016
(43) "Indigent defense services" means the same as that term is defined in Section
2017
78B-22-102.
2018
(44) "Indigent individual" means the same as that term is defined in Section 78B-22-102.
2019
(45)(a) "Intake probation" means a minor is:
2020
(i) monitored by a juvenile probation officer; and
2021
(ii) subject to return to the juvenile court in accordance with Section 80-6-607.
2022
(b) "Intake probation" does not include formal probation.
2023
(46) "Intellectual disability" means a significant subaverage general intellectual functioning
2024
existing concurrently with deficits in adaptive behavior that constitutes a substantial
2025
limitation to the individual's ability to function in society.
2026
(47) "Juvenile offender" means:
2027
(a) a serious youth offender; or
2028
(b) a youth offender.
2029
(48) "Juvenile probation officer" means a probation officer appointed under Section
2030
78A-6-205.
2031
(49) "Juvenile receiving center" means a nonsecure, nonresidential program established by
2032
the Division of Juvenile Justice and Youth Services, or under contract with the Division
2033
of Juvenile Justice and Youth Services, that is responsible for minors taken into
- 60 - Enrolled Copy S.B. 24
2034
temporary custody under Section 80-6-201.
2035
(50) "Legal custody" means a relationship embodying:
2036
(a) the right to physical custody of the minor;
2037
(b) the right and duty to protect, train, and discipline the minor;
2038
(c) the duty to provide the minor with food, clothing, shelter, education, and ordinary
2039
medical care;
2040
(d) the right to determine where and with whom the minor shall live; and
2041
(e) the right, in an emergency, to authorize surgery or other extraordinary care.
2042
(51) "Licensing Information System" means the Licensing Information System maintained
2043
by the Division of Child and Family Services under Section 80-2-1002.
2044
(52) "Management Information System" means the Management Information System
2045
developed by the Division of Child and Family Services under Section 80-2-1001.
2046
(53) "Mental illness" means:
2047
(a) a psychiatric disorder that substantially impairs an individual's mental, emotional,
2048
behavioral, or related functioning; or
2049
(b) the same as that term is defined in:
2050
(i) the current edition of the Diagnostic and Statistical Manual of Mental Disorders
2051
published by the American Psychiatric Association; or
2052
(ii) the current edition of the International Statistical Classification of Diseases and
2053
Related Health Problems.
2054
(54) "Minor" means, except as provided in Sections 80-6-501, 80-6-901, and 80-7-102:
2055
(a) a child; or
2056
(b) an individual:
2057
(i)(A) who is at least 18 years old and younger than 21 years old; and
2058
(B) for whom the Division of Child and Family Services has been specifically
2059
ordered by the juvenile court to provide services because the individual was an
2060
abused, neglected, or dependent child or because the individual was
2061
adjudicated for an offense;
2062
(ii)(A) who is at least 18 years old and younger than 25 years old; and
2063
(B) whose case is under the jurisdiction of the juvenile court in accordance with
2064
Subsection 78A-6-103(1)(b); or
2065
(iii)(A) who is at least 18 years old and younger than 21 years old; and
2066
(B) whose case is under the jurisdiction of the juvenile court in accordance with
2067
Subsection 78A-6-103(1)(c).
- 61 - S.B. 24 Enrolled Copy
2068
(55) "Mobile crisis outreach team" means the same as that term is defined in Section
2069
26B-5-101.
2070
(56) "Molestation" means that an individual, with the intent to arouse or gratify the sexual
2071
desire of any individual, touches the anus, buttocks, pubic area, or genitalia of any child,
2072
or the breast of a female child, or takes indecent liberties with a child as defined in
2073
Section 76-5-401.1.
2074
(57)(a) "Natural parent" means, except as provided in Section 80-3-302, a minor's
2075
biological or adoptive parent.
2076
(b) "Natural parent" includes the minor's noncustodial parent.
2077
(58)(a) "Neglect" means action or inaction causing:
2078
(i) abandonment of a child, except as provided in Chapter 4, Part 5, Safe
2079
Relinquishment of a Newborn Child;
2080
(ii) lack of proper parental care of a child by reason of the fault or habits of the
2081
parent, guardian, or custodian;
2082
(iii) failure or refusal of a parent, guardian, or custodian to provide proper or
2083
necessary subsistence or medical care, or any other care necessary for the child's
2084
health, safety, morals, or well-being;
2085
(iv) a child to be at risk of being neglected or abused because another child in the
2086
same home is neglected or abused;
2087
(v) abandonment of a child through an unregulated child custody transfer under
2088
Section 78B-24-203; or
2089
(vi) educational neglect.
2090
(b) "Neglect" does not include:
2091
(i) a parent or guardian legitimately practicing religious beliefs and who, for that
2092
reason, does not provide specified medical treatment for a child;
2093
(ii) a health care decision made for a child by the child's parent or guardian, unless
2094
the state or other party to a proceeding shows, by clear and convincing evidence,
2095
that the health care decision is not reasonable and informed;
2096
(iii) a parent or guardian exercising the right described in Section 80-3-304; or
2097
(iv) permitting a child, whose basic needs are met and who is of sufficient age and
2098
maturity to avoid harm or unreasonable risk of harm, to engage in independent
2099
activities, including:
2100
(A) traveling to and from school, including by walking, running, or bicycling;
2101
(B) traveling to and from nearby commercial or recreational facilities;
- 62 - Enrolled Copy S.B. 24
2102
(C) engaging in outdoor play;
2103
(D) remaining in a vehicle unattended, except under the conditions described in
2104
Subsection 76-10-2202(2);
2105
(E) remaining at home unattended; or
2106
(F) engaging in a similar independent activity.
2107
(59) "Neglected child" means a child who has been subjected to neglect.
2108
(60) "Nonjudicial adjustment" means closure of the case by the assigned juvenile probation
2109
officer, without an adjudication of the minor's case under Section 80-6-701, upon the
2110
consent in writing of:
2111
(a) the assigned juvenile probation officer; and
2112
(b)(i) the minor; or
2113
(ii) the minor and the minor's parent, guardian, or custodian.
2114
(61) "Not competent to proceed" means that a minor, due to a mental illness, intellectual
2115
disability or related condition, or developmental immaturity, lacks the ability to:
2116
(a) understand the nature of the proceedings against the minor or of the potential
2117
disposition for the offense charged; or
2118
(b) consult with counsel and participate in the proceedings against the minor with a
2119
reasonable degree of rational understanding.
2120
(62) "Parole" means a conditional release of a juvenile offender from residency in secure
2121
care to live outside of secure care under the supervision of the Division of Juvenile
2122
Justice and Youth Services, or another person designated by the Division of Juvenile
2123
Justice and Youth Services.
2124
(63) "Physical abuse" means abuse that results in physical injury or damage to a child.
2125
(64)(a) "Probation" means a legal status created by court order, following an
2126
adjudication under Section 80-6-701, whereby the minor is permitted to remain in the
2127
minor's home under prescribed conditions.
2128
(b) "Probation" includes intake probation or formal probation.
2129
(65) "Prosecuting attorney" means:
2130
(a) the attorney general and any assistant attorney general;
2131
(b) any district attorney or deputy district attorney;
2132
(c) any county attorney or assistant county attorney; and
2133
(d) any other attorney authorized to commence an action on behalf of the state.
2134
(66) "Protective custody" means the shelter of a child by the Division of Child and Family
2135
Services from the time the child is removed from the home until the earlier of:
- 63 - S.B. 24 Enrolled Copy
2136
(a) the day on which the shelter hearing is held under Section 80-3-301; or
2137
(b) the day on which the child is returned home.
2138
(67) "Protective services" means expedited services that are provided:
2139
(a) in response to evidence of neglect, abuse, or dependency of a child;
2140
(b) to a cohabitant who is neglecting or abusing a child, in order to:
2141
(i) help the cohabitant develop recognition of the cohabitant's duty of care and of the
2142
causes of neglect or abuse; and
2143
(ii) strengthen the cohabitant's ability to provide safe and acceptable care; and
2144
(c) in cases where the child's welfare is endangered:
2145
(i) to bring the situation to the attention of the appropriate juvenile court and law
2146
enforcement agency;
2147
(ii) to cause a protective order to be issued for the protection of the child, when
2148
appropriate; and
2149
(iii) to protect the child from the circumstances that endanger the child's welfare
2150
including, when appropriate:
2151
(A) removal from the child's home;
2152
(B) placement in substitute care; and
2153
(C) petitioning the court for termination of parental rights.
2154
(68) "Protective supervision" means a legal status created by court order, following an
2155
adjudication on the ground of abuse, neglect, or dependency, whereby:
2156
(a) the minor is permitted to remain in the minor's home; and
2157
(b) supervision and assistance to correct the abuse, neglect, or dependency is provided
2158
by an agency designated by the juvenile court.
2159
(69)(a) "Related condition" means a condition that:
2160
(i) is found to be closely related to intellectual disability;
2161
(ii) results in impairment of general intellectual functioning or adaptive behavior
2162
similar to that of an intellectually disabled individual;
2163
(iii) is likely to continue indefinitely; and
2164
(iv) constitutes a substantial limitation to the individual's ability to function in society.
2165
(b) "Related condition" does not include mental illness, psychiatric impairment, or
2166
serious emotional or behavioral disturbance.
2167
(70)(a) "Residual parental rights and duties" means the rights and duties remaining with
2168
a parent after legal custody or guardianship, or both, have been vested in another
2169
person or agency, including:
- 64 - Enrolled Copy S.B. 24
2170
(i) the responsibility for support;
2171
(ii) the right to consent to adoption;
2172
(iii) the right to determine the child's religious affiliation; and
2173
(iv) the right to reasonable parent-time unless restricted by the court.
2174
(b) If no guardian has been appointed, "residual parental rights and duties" includes the
2175
right to consent to:
2176
(i) marriage;
2177
(ii) enlistment; and
2178
(iii) major medical, surgical, or psychiatric treatment.
2179
(71) "Runaway" means a child, other than an emancipated child, who willfully leaves the
2180
home of the child's parent or guardian, or the lawfully prescribed residence of the child,
2181
without permission.
2182
(72) "Secure care" means placement of a minor, who is committed to the Division of
2183
Juvenile Justice and Youth Services for rehabilitation, in a facility operated by, or under
2184
contract with, the Division of Juvenile Justice and Youth Services, that provides 24-hour
2185
supervision and confinement of the minor.
2186
(73) "Secure care facility" means a facility, established in accordance with Section 80-5-503,
2187
for juvenile offenders in secure care.
2188
(74) "Secure detention" means temporary care of a minor who requires secure custody in a
2189
physically restricting facility operated by, or under contract with, the Division of
2190
Juvenile Justice and Youth Services:
2191
(a) before disposition of an offense that is alleged to have been committed by the minor;
2192
or
2193
(b) under Section 80-6-704.
2194
(75) "Serious youth offender" means an individual who:
2195
(a) is at least 14 years old, but under 25 years old;
2196
(b) committed a felony listed in Subsection 80-6-503(1) and the continuing jurisdiction
2197
of the juvenile court was extended over the individual's case until the individual was
2198
25 years old in accordance with Section 80-6-605; and
2199
(c) is committed by the juvenile court to the Division of Juvenile Justice and Youth
2200
Services for secure care under Sections 80-6-703 and 80-6-705.
2201
(76) "Severe abuse" means abuse that causes or threatens to cause serious harm to a child.
2202
(77) "Severe neglect" means neglect that causes or threatens to cause serious harm to a
2203
child.
- 65 - S.B. 24 Enrolled Copy
2204
(78)(a) "Severe type of child abuse or neglect" means, except as provided in Subsection
2205
(78)(b):
2206
(i) if committed by an individual who is 18 years old or older:
2207
(A) chronic abuse;
2208
(B) severe abuse;
2209
(C) sexual abuse;
2210
(D) sexual exploitation;
2211
(E) abandonment;
2212
(F) chronic neglect; or
2213
(G) severe neglect; or
2214
(ii) if committed by an individual who is under 18 years old:
2215
(A) causing serious [physical ]injury, as defined in Subsection 76-5-109(1), to
2216
another child that indicates a significant risk to other children; or
2217
(B) sexual behavior with or upon another child that indicates a significant risk to
2218
other children.
2219
(b) "Severe type of child abuse or neglect" does not include:
2220
(i) the use of reasonable and necessary physical restraint by an educator in
2221
accordance with Subsection 53G-8-302(2) or Section 76-2-401;
2222
(ii) an individual's conduct that is justified under Section 76-2-401 or constitutes the
2223
use of reasonable and necessary physical restraint or force in self-defense or
2224
otherwise appropriate to the circumstances to obtain possession of a weapon or
2225
other dangerous object in the possession or under the control of a child or to
2226
protect the child or another individual from physical injury; or
2227
(iii) a health care decision made for a child by a child's parent or guardian, unless,
2228
subject to Subsection (78)(c), the state or other party to the proceeding shows, by
2229
clear and convincing evidence, that the health care decision is not reasonable and
2230
informed.
2231
(c) Subsection (78)(b)(iii) does not prohibit a parent or guardian from exercising the
2232
right to obtain a second health care opinion.
2233
(79) "Sexual abuse" means:
2234
(a) an act or attempted act of sexual intercourse, sodomy, incest, or molestation by an
2235
adult directed towards a child;
2236
(b) an act or attempted act of sexual intercourse, sodomy, incest, or molestation
2237
committed by a child towards another child if:
- 66 - Enrolled Copy S.B. 24
2238
(i) there is an indication of force or coercion;
2239
(ii) the children are related, as described in Subsection (39), including siblings by
2240
marriage while the marriage exists or by adoption;
2241
(iii) there have been repeated incidents of sexual contact between the two children,
2242
unless the children are 14 years old or older; or
2243
(iv) there is a disparity in chronological age of four or more years between the two
2244
children;
2245
(c) engaging in any conduct with a child that would constitute an offense under any of
2246
the following, regardless of whether the individual who engages in the conduct is
2247
actually charged with, or convicted of, the offense:
2248
(i) Title 76, Chapter 5, Part 4, Sexual Offenses, except for Section 76-5-401, if the
2249
alleged perpetrator of an offense described in Section 76-5-401 is a minor;
2250
(ii) child bigamy, Section 76-7-101.5;
2251
(iii) incest, Section 76-7-102;
2252
(iv) lewdness, Section 76-9-702;
2253
(v) sexual battery, Section 76-9-702.1;
2254
(vi) lewdness involving a child, Section 76-9-702.5; or
2255
(vii) voyeurism, Section 76-9-702.7; or
2256
(d) subjecting a child to participate in or threatening to subject a child to participate in a
2257
sexual relationship, regardless of whether that sexual relationship is part of a legal or
2258
cultural marriage.
2259
(80) "Sexual exploitation" means knowingly:
2260
(a) employing, using, persuading, inducing, enticing, or coercing any child to:
2261
(i) pose in the nude for the purpose of sexual arousal of any individual; or
2262
(ii) engage in any sexual or simulated sexual conduct for the purpose of
2263
photographing, filming, recording, or displaying in any way the sexual or
2264
simulated sexual conduct;
2265
(b) displaying, distributing, possessing for the purpose of distribution, or selling material
2266
depicting a child:
2267
(i) in the nude, for the purpose of sexual arousal of any individual; or
2268
(ii) engaging in sexual or simulated sexual conduct; or
2269
(c) engaging in any conduct that would constitute an offense under Section 76-5b-201,
2270
sexual exploitation of a minor, or Section 76-5b-201.1, aggravated sexual
2271
exploitation of a minor, regardless of whether the individual who engages in the
- 67 - S.B. 24 Enrolled Copy
2272
conduct is actually charged with, or convicted of, the offense.
2273
(81) "Shelter" means the temporary care of a child in a physically unrestricted facility
2274
pending a disposition or transfer to another jurisdiction.
2275
(82) "Shelter facility" means a nonsecure facility that provides shelter for a minor.
2276
(83) "Significant risk" means a risk of harm that is determined to be significant in
2277
accordance with risk assessment tools and rules established by the Division of Child and
2278
Family Services in accordance with Title 63G, Chapter 3, Utah Administrative
2279
Rulemaking Act, that focus on:
2280
(a) age;
2281
(b) social factors;
2282
(c) emotional factors;
2283
(d) sexual factors;
2284
(e) intellectual factors;
2285
(f) family risk factors; and
2286
(g) other related considerations.
2287
(84) "Single criminal episode" means the same as that term is defined in Section 76-1-401.
2288
(85) "Status offense" means an offense that would not be an offense but for the age of the
2289
offender.
2290
(86) "Substance abuse" means, except as provided in Section 80-2-603, the misuse or
2291
excessive use of alcohol or other drugs or substances.
2292
(87) "Substantiated" or "substantiation" means a judicial finding based on a preponderance
2293
of the evidence, and separate consideration of each allegation made or identified in the
2294
case, that abuse, neglect, or dependency occurred .
2295
(88) "Substitute care" means:
2296
(a) the placement of a minor in a family home, group care facility, or other placement
2297
outside the minor's own home, either at the request of a parent or other responsible
2298
relative, or upon court order, when it is determined that continuation of care in the
2299
minor's own home would be contrary to the minor's welfare;
2300
(b) services provided for a minor in the protective custody of the Division of Child and
2301
Family Services, or a minor in the temporary custody or custody of the Division of
2302
Child and Family Services, as those terms are defined in Section 80-2-102; or
2303
(c) the licensing and supervision of a substitute care facility.
2304
(89) "Supported" means a finding by the Division of Child and Family Services based on
2305
the evidence available at the completion of an investigation, and separate consideration
- 68 - Enrolled Copy S.B. 24
2306
of each allegation made or identified during the investigation, that there is a reasonable
2307
basis to conclude that abuse, neglect, or dependency occurred.
2308
(90) "Termination of parental rights" means the permanent elimination of all parental rights
2309
and duties, including residual parental rights and duties, by court order.
2310
(91) "Therapist" means:
2311
(a) an individual employed by a state division or agency for the purpose of conducting
2312
psychological treatment and counseling of a minor in the division's or agency's
2313
custody; or
2314
(b) any other individual licensed or approved by the state for the purpose of conducting
2315
psychological treatment and counseling.
2316
(92) "Threatened harm" means actions, inactions, or credible verbal threats, indicating that
2317
the child is at an unreasonable risk of harm or neglect.
2318
(93) "Ungovernable" means a child in conflict with a parent or guardian, and the conflict:
2319
(a) results in behavior that is beyond the control or ability of the child, or the parent or
2320
guardian, to manage effectively;
2321
(b) poses a threat to the safety or well-being of the child, the child's family, or others; or
2322
(c) results in the situations described in Subsections (93)(a) and (b).
2323
(94) "Unsubstantiated" means a judicial finding that there is insufficient evidence to
2324
conclude that abuse, neglect, or dependency occurred.
2325
(95) "Unsupported" means a finding by the Division of Child and Family Services at the
2326
completion of an investigation, after the day on which the Division of Child and Family
2327
Services concludes the alleged abuse, neglect, or dependency is not without merit, that
2328
there is insufficient evidence to conclude that abuse, neglect, or dependency occurred.
2329
(96) "Validated risk and needs assessment" means an evidence-based tool that assesses a
2330
minor's risk of reoffending and a minor's criminogenic needs.
2331
(97) "Without merit" means a finding at the completion of an investigation by the Division
2332
of Child and Family Services, or a judicial finding, that the alleged abuse, neglect, or
2333
dependency did not occur, or that the alleged perpetrator was not responsible for the
2334
abuse, neglect, or dependency.
2335
(98) "Youth offender" means an individual who is:
2336
(a) at least 12 years old, but under 21 years old; and
2337
(b) committed by the juvenile court to the Division of Juvenile Justice and Youth
2338
Services for secure care under Sections 80-6-703 and 80-6-705.
2339
Section 19. Section 81-9-202 is amended to read:
- 69 - S.B. 24 Enrolled Copy
2340
81-9-202 . Advisory guidelines for a custody and parent-time arrangement.
2341
(1) In addition to the parent-time schedules provided in Sections 81-9-302 and 81-9-304,
2342
the following advisory guidelines are suggested to govern a custody and parent-time
2343
arrangement between parents.
2344
(2) A parent-time schedule mutually agreed upon by both parents is preferable to a
2345
court-imposed solution.
2346
(3) A parent-time schedule shall be used to maximize the continuity and stability of the
2347
minor child's life.
2348
(4) Each parent shall give special consideration to make the minor child available to attend
2349
family functions including funerals, weddings, family reunions, religious holidays,
2350
important ceremonies, and other significant events in the life of the minor child or in the
2351
life of either parent which may inadvertently conflict with the parent-time schedule.
2352
(5)(a) The court shall determine the responsibility for the pick up, delivery, and return of
2353
the minor child when the parent-time order is entered.
2354
(b) The court may change the responsibility described in Subsection (5)(a) at any time a
2355
subsequent modification is made to the parent-time order.
2356
(c) If the noncustodial parent will be providing transportation, the custodial parent shall:
2357
(i) have the minor child ready for parent-time at the time the minor child is to be
2358
picked up ; and
2359
(ii) be present at the custodial home or make reasonable alternate arrangements to
2360
receive the minor child at the time the minor child is returned.
2361
(d) If the custodial parent will be transporting the minor child, the noncustodial parent
2362
shall:
2363
(i) be at the appointed place at the time the noncustodial parent is to receive the
2364
minor child; and
2365
(ii) have the minor child ready to be picked up at the appointed time and place or
2366
have made reasonable alternate arrangements for the custodial parent to pick up
2367
the minor child.
2368
(6) A parent may not interrupt regular school hours for a school-age minor child for the
2369
exercise of parent-time.
2370
(7) The court may:
2371
(a) make alterations in the parent-time schedule to reasonably accommodate the work
2372
schedule of both parents; and
2373
(b) increase the parent-time allowed to the noncustodial parent but may not diminish the
- 70 - Enrolled Copy S.B. 24
2374
standardized parent-time provided in Sections 81-9-302 and 81-9-304.
2375
(8) The court may make alterations in the parent-time schedule to reasonably accommodate
2376
the distance between the parties and the expense of exercising parent-time.
2377
(9) A parent may not withhold parent-time or child support due to the other parent's failure
2378
to comply with a court-ordered parent-time schedule.
2379
(10)(a) The custodial parent shall notify the noncustodial parent within 24 hours of
2380
receiving notice of all significant school, social, sports, and community functions in
2381
which the minor child is participating or being honored.
2382
(b) The noncustodial parent is entitled to attend and participate fully in the functions
2383
described in Subsection (10)(a).
2384
(c) The noncustodial parent shall have access directly to all school reports including
2385
preschool and daycare reports and medical records.
2386
(d) A parent shall immediately notify the other parent in the event of a medical
2387
emergency.
2388
(11) Each parent shall provide the other with the parent's current address and telephone
2389
number, email address, and other virtual parent-time access information within 24 hours
2390
of any change.
2391
(12)(a) Each parent shall permit and encourage, during reasonable hours, reasonable and
2392
uncensored communications with the minor child, in the form of mail privileges and
2393
virtual parent-time if the equipment is reasonably available.
2394
(b) If the parents cannot agree on whether the equipment is reasonably available, the
2395
court shall decide whether the equipment for virtual parent-time is reasonably [
2396
availableby] available by taking into consideration:
2397
(i) the best interests of the minor child;
2398
(ii) each parent's ability to handle any additional expenses for virtual parent-time; and
2399
(iii) any other factors the court considers material.
2400
(13)(a) Parental care is presumed to be better care for the minor child than surrogate care.
2401
(b) The court shall encourage the parties to cooperate in allowing the noncustodial
2402
parent, if willing and able to transport the minor child, to provide the child care.
2403
(c) Child care arrangements existing during the marriage are preferred as are child care
2404
arrangements with nominal or no charge.
2405
(14) Each parent shall:
2406
(a) provide all surrogate care providers with the name, current address, and telephone
2407
number of the other parent; and
- 71 - S.B. 24 Enrolled Copy
2408
(b) provide the noncustodial parent with the name, current address, and telephone
2409
number of all surrogate care providers unless the court for good cause orders
2410
otherwise.
2411
(15)(a) Each parent is entitled to an equal division of major religious holidays celebrated
2412
by the parents.
2413
(b) The parent who celebrates a religious holiday that the other parent does not celebrate
2414
shall have the right to be together with the minor child on the religious holiday.
2415
(16) If the minor child is on a different parent-time schedule than a sibling, based on
2416
Sections 81-9-302 and 81-9-304, the parents should consider if an upward deviation for
2417
parent-time with all the minor children so that parent-time is uniform between school
2418
aged and nonschool aged children, is appropriate.
2419
(17)(a) When one or both parents are servicemembers or contemplating joining a
2420
uniformed service, the parents should resolve issues of custodial responsibility in the
2421
event of deployment as soon as practicable through reaching a voluntary agreement
2422
pursuant to Section 78B-20-201 or through court order obtained pursuant to this part.
2423
(b) Service members shall ensure their family care plan reflects orders and agreements
2424
entered and filed pursuant to Title 78B, Chapter 20, Uniform Deployed Parents
2425
Custody, Parent-time, and Visitation Act.
2426
(18) A parent shall immediately notify the other parent if:
2427
(a) the parent resides with an individual or provides an individual with access to the
2428
minor child; and
2429
(b) the parent knows that the individual:
2430
(i) is required to register as a sex offender or a kidnap offender for an offense against
2431
a minor child under Title 77, Chapter 41, Sex and Kidnap Offender Registry;
2432
(ii) is required to register as a child abuse offender under Title 77, Chapter 43, Child
2433
Abuse Offender Registry; or
2434
(iii) has been convicted of:
2435
(A) a child abuse offense under Section 76-5-109, 76-5-109.2, 76-5-109.3,
2436
76-5-109.4, 76-5-114, or 76-5-208;
2437
(B) a sexual offense against a minor child under Title 76, Chapter 5, Part 4, Sexual
2438
Offenses;
2439
(C) an offense for kidnapping or human trafficking of a minor child under Title
2440
76, Chapter 5, Part 3, Kidnapping, Trafficking, and Smuggling;
2441
(D) a sexual exploitation offense against a minor child under Title 76, Chapter 5b,
- 72 - Enrolled Copy S.B. 24
2442
Sexual Exploitation Act; or
2443
(E) an offense that is substantially similar to an offense under Subsections
2444
(18)(b)(iii)(A) through (D).
2445
(19)(a) For emergency purposes, whenever the minor child travels with a parent, the
2446
parent shall provide the following information to the other parent:
2447
(i) an itinerary of travel dates;
2448
(ii) destinations;
2449
(iii) places where the minor child or traveling parent can be reached; and
2450
(iv) the name and telephone number of an available third person who would be
2451
knowledgeable of the minor child's location.
2452
(b) Unchaperoned travel of a minor child under the age of five years is not
2453
recommended.
2454
Section 20. Section 81-9-207 is amended to read:
2455
81-9-207 . Supervised parent-time.
2456
(1) If it is necessary to protect a minor child and there is no less restrictive means
2457
reasonably available, and in accordance with Section 81-9-104, a court may order
2458
supervised parent-time if the court finds evidence that the minor child would be subject
2459
to physical or emotional harm or child abuse, as described in Sections 76-5-109,
2460
76-5-109.2, 76-5-109.3, 76-5-109.4, 76-5-114, and 80-1-102, from the noncustodial
2461
parent if left unsupervised with the noncustodial parent.
2462
(2) If the court finds evidence of domestic violence, child abuse, or an ongoing risk to a
2463
child, and orders supervised parent-time, the court shall give preference to supervision
2464
by a professional individual or private agency trained in child abuse reporting laws, the
2465
developmental needs of a child, and the dynamics of domestic violence, child abuse,
2466
sexual abuse, and substance abuse.
2467
(3) If a professional individual or private agency described in Subsection (2) is not
2468
available, affordable, or practicable under the circumstances, a court shall give
2469
preference to supervision by an individual who is:
2470
(a) capable and willing to provide physical and psychological safety and security to the
2471
minor child, and to assist in the avoidance and prevention of domestic and family
2472
violence; and
2473
(b) is trained in child abuse reporting laws, the developmental needs of a child, and the
2474
dynamics of domestic violence, child abuse, sexual abuse, and substance abuse.
2475
(4) If an individual described in Subsection (2) or (3) is not available, affordable, or
- 73 - S.B. 24 Enrolled Copy
2476
practicable under the circumstances, or if the court does not find evidence of domestic
2477
violence, child abuse, or an ongoing risk to a minor child, a court may order supervised
2478
parent-time that is supervised by an individual who is willing to supervise, and is
2479
capable of protecting the minor child from physical or emotional harm, or child abuse,
2480
and the court shall give preference to individuals suggested by the parties, including
2481
relatives.
2482
(5) At the time supervised parent-time is imposed, the court shall consider:
2483
(a) whether the cost of professional or agency services is likely to prevent the
2484
noncustodial parent from exercising parent-time; and
2485
(b) whether the requirement for supervised parent-time should expire after a set period
2486
of time.
2487
(6)(a) Except when the court makes a finding that, due to abuse by or the incapacity of
2488
the noncustodial parent, supervised parent-time will be necessary indefinitely to
2489
ensure the physical or psychological safety and protection of the minor child, the
2490
court shall, in its order for supervised parent-time, provide specific goals and
2491
expectations for the noncustodial parent to accomplish before unsupervised
2492
parent-time may be granted.
2493
(b) The court shall schedule one or more follow-up hearings to revisit the issue of
2494
supervised parent-time.
2495
(7) A noncustodial parent may, at any time, petition the court to modify the order for
2496
supervised parent-time if the noncustodial parent can demonstrate that the specific goals
2497
and expectations set by the court as described in Subsection (6) have been accomplished.
2498
Section 21. Section 81-9-208 is amended to read:
2499
81-9-208 . Modification or termination of a custody or parent-time order --
2500
Noncompliance with a parent-time order.
2501
(1) The court has continuing jurisdiction to make subsequent changes to modify:
2502
(a) custody of a minor child if there is a showing of a substantial and material change in
2503
circumstances since the entry of the order; and
2504
(b) parent-time for a minor child if there is a showing that there is a change in
2505
circumstances since the entry of the order.
2506
(2) A substantial and material change in circumstances under Subsection (1)(a) includes a
2507
showing by a parent that the other parent:
2508
(a) resides with an individual or provides an individual with access to the minor child;
2509
and
- 74 - Enrolled Copy S.B. 24
2510
(b) knows that the individual:
2511
(i) is required to register as a sex offender or a kidnap offender for an offense against
2512
a minor child under Title 77, Chapter 41, Sex and Kidnap Offender Registry;
2513
(ii) is required to register as a child abuse offender under Title 77, Chapter 43, Child
2514
Abuse Offender Registry; or
2515
(iii) has been convicted of:
2516
(A) a child abuse offense under Section 76-5-109, 76-5-109.2, 76-5-109.3,
2517
76-5-109.4, 76-5-114, or 76-5-208;
2518
(B) a sexual offense against a minor child under Title 76, Chapter 5, Part 4, Sexual
2519
Offenses;
2520
(C) an offense for kidnapping or human trafficking of a minor child under Title
2521
76, Chapter 5, Part 3, Kidnapping, Trafficking, and Smuggling;
2522
(D) a sexual exploitation offense against a minor child under Title 76, Chapter 5b,
2523
Sexual Exploitation Act; or
2524
(E) an offense that is substantially similar to an offense under Subsections
2525
(2)(b)(iii)(A) through (D).
2526
(3) On the petition of one or both of the parents, or the joint legal or physical custodians if
2527
they are not the parents, the court may, after a hearing, modify or terminate an order that
2528
established joint legal custody or joint physical custody if:
2529
(a) the verified petition or accompanying affidavit initially alleges that admissible
2530
evidence will show that there has been a substantial and material change in the
2531
circumstances of the minor child or one or both parents or joint legal or physical
2532
custodians since the entry of the order to be modified;
2533
(b) a modification of the terms and conditions of the order would be an improvement for
2534
and in the best interest of the minor child; and
2535
(c)(i) both parents have complied in good faith with the dispute resolution procedure
2536
in accordance with Subsection 81-9-205(8); or
2537
(ii) if no dispute resolution procedure is contained in the order that established joint
2538
legal custody or joint physical custody, the court orders the parents to participate
2539
in a dispute resolution procedure in accordance with Subsection 81-9-205(13)
2540
unless the parents certify that, in good faith, they have used a dispute resolution
2541
procedure to resolve their dispute.
2542
(4)(a) In determining whether the best interest of a minor child will be served by either
2543
modifying or terminating the joint legal custody or joint physical custody order, the
- 75 - S.B. 24 Enrolled Copy
2544
court shall, in addition to other factors the court considers relevant, consider the
2545
factors described in Sections 81-9-204 and 81-9-205.
2546
(b) A court order modifying or terminating an existing joint legal custody or joint
2547
physical custody order shall contain written findings that:
2548
(i) a substantial and material change of circumstance has occurred; and
2549
(ii) a modification of the terms and conditions of the order would be an improvement
2550
for and in the best interest of the minor child.
2551
(c) The court shall give substantial weight to the existing joint legal custody or joint
2552
physical custody order when the minor child is thriving, happy, and well-adjusted.
2553
(5) The court shall, in every case regarding a petition for termination of a joint legal
2554
custody or joint physical custody order, consider reasonable alternatives to preserve the
2555
existing order in accordance with Section 81-9-204.
2556
(6) The court may modify the terms and conditions of the existing order in accordance with
2557
this chapter and may order the parents to file a parenting plan in accordance with
2558
Section 81-9-203.
2559
(7) A parent requesting a modification from sole custody to joint legal custody or joint
2560
physical custody or both, or any other type of shared parenting arrangement, shall file
2561
and serve a proposed parenting plan with the petition to modify in accordance with
2562
Section 81-9-203.
2563
(8) If an issue before the court involves custodial responsibility in the event of deployment
2564
of one or both parents who are service members, and the service member has not yet
2565
been notified of deployment, the court shall resolve the issue based on the standards in
2566
Sections 78B-20-306 through 78B-20-309.
2567
(9) If the court finds that an action to modify custody or parent-time is filed or answered
2568
frivolously and, in a manner, designed to harass the other party, the court shall assess
2569
attorney fees as costs against the offending party.
2570
(10) If a petition to modify custody or parent-time provisions of a court order is made and
2571
denied, the court shall order the petitioner to pay the reasonable attorney fees expended
2572
by the prevailing party in that action if the court determines that the petition was without
2573
merit and not asserted or defended against in good faith.
2574
(11) If a motion or petition alleges noncompliance with a parent-time order by a parent, or a
2575
visitation order by a grandparent or other member of the immediate family where a
2576
visitation or parent-time right has been previously granted by the court, the court:
2577
(a) may award to the prevailing party:
- 76 - Enrolled Copy S.B. 24
2578
(i) actual attorney fees incurred;
2579
(ii) the costs incurred by the prevailing party because of the other party's failure to
2580
provide or exercise court-ordered visitation or parent-time, including:
2581
(A) court costs;
2582
(B) child care expenses;
2583
(C) transportation expenses actually incurred;
2584
(D) lost wages, if ascertainable; or
2585
(E) counseling for a parent or a minor child if ordered or approved by the court; or
2586
(iii) any other appropriate equitable remedy; and
2587
(b) shall award reasonable make-up parent-time to the prevailing party, unless make-up
2588
parent-time is not in the best interest of the minor child.
2589
Section 22. Section 81-9-402 is amended to read:
2590
81-9-402 . Custody and visitation for individuals other than a parent -- Venue.
2591
(1)(a) In accordance with Section 80-2a-201, it is the public policy of this state that a
2592
parent retain the fundamental right and duty to exercise primary control over the care,
2593
supervision, upbringing, and education of a minor child of the parent.
2594
(b) There is a rebuttable presumption that a parent's decisions are in the minor child's
2595
best interests.
2596
(2) A court may find the presumption in Subsection (1) rebutted and grant custodial or
2597
visitation rights to an individual other than a parent who, by clear and convincing
2598
evidence, establishes that:
2599
(a) the individual has intentionally assumed the role and obligations of a parent;
2600
(b) the individual and the minor child have formed a substantial emotional bond and
2601
created a parent-child type relationship;
2602
(c) the individual substantially contributed emotionally or financially to the minor child's
2603
well being;
2604
(d) the assumption of the parental role is not the result of a financially compensated
2605
surrogate care arrangement;
2606
(e) the continuation of the relationship between the individual and the minor child is in
2607
the minor child's best interest;
2608
(f) the loss or cessation of the relationship between the individual and the minor child
2609
would substantially harm the minor child; and
2610
(g) the parent:
2611
(i) is absent; or
- 77 - S.B. 24 Enrolled Copy
2612
(ii) is found by a court to have abused or neglected the minor child.
2613
(3) Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, or Section 78A-6-350,
2614
an individual shall file a verified petition, or a petition supported by an affidavit, for
2615
custodial or visitation rights to the minor child in the juvenile court if a matter is pending
2616
in the juvenile court, or in the district court in the county where the minor child:
2617
(a) currently resides; or
2618
(b) lived with a parent or an individual other than a parent who acted as a parent within
2619
six months before the commencement of the action.
2620
(4) An individual may file a petition under this section in a pending divorce, parentage
2621
action, or other proceeding, including a proceeding in the juvenile court involving
2622
custody of or visitation with a minor child.
2623
(5) The petition shall include detailed facts supporting the petitioner's right to file the
2624
petition including the criteria set forth in Subsection (2) and residency information
2625
described in Section 78B-13-209.
2626
(6) An individual may not file a petition under this section against a parent who is actively
2627
serving outside the state in any branch of the military.
2628
(7) Notice of a petition filed pursuant to this chapter shall be served in accordance with the
2629
Utah Rules of Civil Procedure on all of the following:
2630
(a) the minor child's biological, adopted, presumed, declarant, and adjudicated parents;
2631
(b) any individual who has court-ordered custody or visitation rights;
2632
(c) the minor child's guardian;
2633
(d) the guardian ad litem, if one has been appointed;
2634
(e) an individual or agency that has physical custody of the minor child or that claims to
2635
have custody or visitation rights; and
2636
(f) any other individual or agency that has previously appeared in any action regarding
2637
custody of or visitation with the minor child.
2638
(8) The court may order a custody evaluation to be conducted in any proceeding brought
2639
under this section.
2640
(9) The court may enter temporary orders in a proceeding brought under this section
2641
pending the entry of final orders.
2642
(10) Except as provided in Subsection (11), a court may not grant custody of a minor child
2643
under this section to an individual:
2644
(a) who is not the parent of the minor child; and
2645
(b) who, before a custody order is issued, is convicted, pleads guilty, or pleads no
- 78 - Enrolled Copy S.B. 24
2646
contest to a felony or attempted felony involving conduct that constitutes any of the
2647
following:
2648
(i) child abuse, as described in Sections 76-5-109, 76-5-109.2, 76-5-109.3, 76-5-109.4,
2649
and 76-5-114;
2650
(ii) child abuse homicide, as described in Section 76-5-208;
2651
(iii) child kidnapping, as described in Section 76-5-301.1;
2652
(iv) human trafficking of a child, as described in Section 76-5-308.5;
2653
(v) sexual abuse of a minor, as described in Section 76-5-401.1;
2654
(vi) rape of a child, as described in Section 76-5-402.1;
2655
(vii) object rape of a child, as described in Section 76-5-402.3;
2656
(viii) sodomy on a child, as described in Section 76-5-403.1;
2657
(ix) sexual abuse of a child, as described in Section 76-5-404.1, or aggravated sexual
2658
abuse of a child, as described in Section 76-5-404.3;
2659
(x) sexual exploitation of a minor, as described in Section 76-5b-201;
2660
(xi) aggravated sexual exploitation of a minor, as described in Section 76-5b-201.1; or
2661
(xii) an offense in another state that, if committed in this state, would constitute an
2662
offense described in this Subsection (10).
2663
(11)(a) As used in this Subsection (11), "disqualifying offense" means an offense listed
2664
in Subsection (10) that prevents a court from granting custody except as provided in
2665
this Subsection (11).
2666
(b) An individual described in Subsection (10) may only be considered for custody of a
2667
minor child if the following criteria are met by clear and convincing evidence:
2668
(i) the individual is a relative, as defined in Section 80-3-102, of the minor child;
2669
(ii) at least 10 years have elapsed from the day on which the individual is
2670
successfully released from prison, jail, parole, or probation related to a
2671
disqualifying offense;
2672
(iii) during the 10 years before the day on which the individual files a petition with
2673
the court seeking custody the individual has not been convicted, plead guilty, or
2674
plead no contest to an offense greater than an infraction or traffic violation that
2675
would likely impact the health, safety, or well-being of the minor child;
2676
(iv) the individual can provide evidence of successful treatment or rehabilitation
2677
directly related to the disqualifying offense;
2678
(v) the court determines that the risk related to the disqualifying offense is unlikely to
2679
cause harm, as defined in Section 80-1-102, or potential harm to the minor child
- 79 - S.B. 24 Enrolled Copy
2680
currently or at any time in the future when considering all of the following:
2681
(A) the minor child's age;
2682
(B) the minor child's gender;
2683
(C) the minor child's development;
2684
(D) the nature and seriousness of the disqualifying offense;
2685
(E) the preferences of a minor child who is 12 years old or older;
2686
(F) any available assessments, including custody evaluations, parenting
2687
assessments, psychological or mental health assessments, and bonding
2688
assessments; and
2689
(G) any other relevant information;
2690
(vi) the individual can provide evidence of the following:
2691
(A) the relationship with the minor child is of long duration;
2692
(B) that an emotional bond exists with the minor child; and
2693
(C) that custody by the individual who has committed the disqualifying offense
2694
ensures the best interests of the minor child are met;
2695
(vii)(A) there is no other responsible relative known to the court who has or likely
2696
could develop an emotional bond with the minor child and does not have a
2697
disqualifying offense; or
2698
(B) if there is a responsible relative known to the court that does not have a
2699
disqualifying offense, Subsection (11)(d) applies; and
2700
(viii) that the continuation of the relationship between the individual with the
2701
disqualifying offense and the minor child could not be sufficiently maintained
2702
through any type of visitation if custody were given to the relative with no
2703
disqualifying offense described in Subsection (11)(d).
2704
(c) The individual with the disqualifying offense bears the burden of proof regarding
2705
why placement with that individual is in the best interest of the minor child over
2706
another responsible relative or equally situated individual who does not have a
2707
disqualifying offense.
2708
(d) If, as provided in Subsection (11)(b)(vii)(B), there is a responsible relative known to
2709
the court who does not have a disqualifying offense:
2710
(i) preference for custody is given to a relative who does not have a disqualifying
2711
offense; and
2712
(ii) before the court may place custody with the individual who has the disqualifying
2713
offense over another responsible, willing, and able relative:
- 80 - Enrolled Copy S.B. 24
2714
(A) an impartial custody evaluation shall be completed; and
2715
(B) a guardian ad litem shall be assigned.
2716
(12) Subsections (10) and (11) apply to a case pending on March 25, 2017, for which a final
2717
decision on custody has not been made and to a case filed on or after March 25, 2017.
2718
Section 23. Effective Date.
2719
This bill takes effect on May 7, 2025.
2720
Section 24. Coordinating S.B. 24 with H.B. 78.
2721
If S.B. 24, Child Abuse and Torture Amendments, and H.B. 78, Criminal Offenses
2722
Amendments, both pass and become law, the Legislature intends that, on May 7, 2025, the
2723
following language be inserted as Subsection 76-3-406(2)(b) in H.B. 78 and that the existing
2724
subsections in Subsection 76-3-406(2) in H.B. 78 be renumbered accordingly:
2725
"(b) child torture as described in Section 76-5-109.4;".
2726
Section 25. Coordinating S.B. 24 with S.B. 41 if H.B. 21 does not pass and become law.
2727
If S.B. 24, Child Abuse and Torture Amendments, and S.B. 41, Sex, Kidnap, and
2728
Child Abuse Offender Registry Amendments, both pass and become law, and H.B. 21,
2729
Criminal Code Recodification and Cross References, does not pass and become law, the
2730
Legislature intends that, on May 7, 2025:
2731
(1) Section 53-29-202, enacted in S.B. 41, be amended to read:
2732
"(1) An individual is an offender described in Subsection (2) and subject to the
2733
requirements, restrictions, and penalties described in this chapter if the individual:
2734
(a) has been convicted in this state of:
2735
(i) aggravated child abuse under Subsection 76-5-109.2(3)(a) or (b);
2736
(ii) child torture under Section 76-5-109.4;
2737
(iii) a felony or class A misdemeanor violation of enticing a minor under Section
2738
76-4-401;
2739
(iv) sexual exploitation of a vulnerable adult under Section 76-5b-202;
2740
(v) human trafficking for sexual exploitation under Section 76-5-308.1;
2741
(vi) human trafficking of a child for sexual exploitation under Subsection
2742
76-5-308.5(4)(b);
2743
(vii) aggravated human trafficking for sexual exploitation under Section 76-5-310;
2744
(viii) human trafficking of a vulnerable adult for sexual exploitation under Section
2745
76-5-311;
2746
(ix) unlawful sexual activity with a minor under Section 76-5-401, except as
2747
provided in Subsection 76-5-401(3)(b) or (c);
- 81 - S.B. 24 Enrolled Copy
2748
(x) sexual abuse of a minor under Section 76-5-401.1, on the individual's first
2749
offense unless the individual was younger than 21 years old at the time of the offense then on
2750
the individual's second offense;
2751
(xi) unlawful sexual conduct with a 16 or 17 year old under Section 76-5-401.2;
2752
(xii) rape under Section 76-5-402;
2753
(xiii) rape of a child under Section 76-5-402.1;
2754
(xiv) object rape under Section 76-5-402.2;
2755
(xv) object rape of a child under Section 76-5-402.3;
2756
(xvi) a felony violation of forcible sodomy under Section 76-5-403;
2757
(xvii) sodomy on a child under Section 76-5-403.1;
2758
(xviii) forcible sexual abuse under Section 76-5-404;
2759
(xix) sexual abuse of a child under Section 76-5-404.1;
2760
(xx) aggravated sexual abuse of a child under Section 76-5-404.3;
2761
(xxi) aggravated sexual assault under Section 76-5-405;
2762
(xxii) custodial sexual relations under Section 76-5-412, if the victim in custody is
2763
younger than 18 years old and the offense is committed on or after May 10, 2011;
2764
(xxiii) sexual exploitation of a minor under Section 76-5b-201;
2765
(xxiv) aggravated sexual exploitation of a minor under Section 76-5b-201.1;
2766
(xxv) sexual extortion or aggravated sexual extortion under Section 76-5b-204;
2767
(xxvi) incest under Section 76-7-102;
2768
(xxvii) lewdness under Section 76-9-702, if the individual has been convicted of
2769
the offense four or more times;
2770
(xxviii) sexual battery under Section 76-9-702.1, if the individual has been
2771
convicted of the offense four or more times;
2772
(xxix) any combination of convictions of lewdness under Section 76-9-702, and of
2773
sexual battery under Section 76-9-702.1, that total four or more convictions;
2774
(xxx) lewdness involving a child under Section 76-9-702.5;
2775
(xxxi) a felony or class A misdemeanor violation of voyeurism under Section
2776
76-9-702.7;
2777
(xxxii) aggravated exploitation of prostitution under Section 76-10-1306;
2778
(xxxiii) kidnapping under Subsection 76-5-301(2)(c) or (d), if the offender was
2779
not the natural parent of the child victim;
2780
(xxxiv) child kidnapping under Section 76-5-301.1, if the offender was not the
2781
natural parent of the child victim;
- 82 - Enrolled Copy S.B. 24
2782
(xxxv) aggravated kidnapping under Section 76-5-302, if the offender was not the
2783
natural parent of the child victim;
2784
(xxxvi) human trafficking for labor under Section 76-5-308, if the offender was
2785
not the natural parent of the child victim;
2786
(xxxvii) human smuggling under Section 76-5-308.3, if the offender was not the
2787
natural parent of the child victim;
2788
(xxxviii) human trafficking of a child for labor under Subsection 76-5-308.5(4)(a),
2789
if the offender was not the natural parent of the child victim;
2790
(xxxix) aggravated human trafficking for labor under Section 76-5-310, if the
2791
offender was not the natural parent of the child victim;
2792
(xl) aggravated human smuggling under Section 76-5-310.1, if the offender was
2793
not the natural parent of the child victim;
2794
(xli) human trafficking of a vulnerable adult for labor under Section 76-5-311, if
2795
the offender was not the natural parent of the child victim; or
2796
(xlii) attempting, soliciting, or conspiring to commit a felony violation of an
2797
offense listed in Subsections (1)(a)(i) through (xli);
2798
(b)(i) has been convicted of a criminal offense, or an attempt, solicitation, or conspiracy
2799
to commit a criminal offense in an external jurisdiction that is substantially equivalent to the
2800
offense listed in Subsection (1)(a); and
2801
(ii)(A) is a Utah resident; or
2802
(B) is not a Utah resident and is in this state for a total of 10 days in a 12-month
2803
period, regardless of whether the individual intends to permanently reside in this state;
2804
(c)(i)(A) is required to register on a registry in an external jurisdiction for individuals
2805
who have committed an offense listed in Subsection (1)(a) or a substantially equivalent offense;
2806
(B) is ordered by a court to register on a registry for individuals who have committed
2807
an offense listed in Subsection (1)(a) or a substantially equivalent offense; or
2808
(C) would be required to register on a registry in an external jurisdiction for
2809
individuals who have committed an offense listed in Subsection (1)(a), or a substantially
2810
equivalent offense, if residing in the external jurisdiction of the conviction regardless of the
2811
date of the conviction or a previous registration requirement; and
2812
(ii) is in this state for a total of 10 days in a 12-month period, regardless of whether
2813
the individual intends to permanently reside in this state;
2814
(d)(i)(A) is a nonresident regularly employed or working in this state; or
2815
(B) who is a student in this state; and
- 83 - S.B. 24 Enrolled Copy
2816
(ii)(A) is convicted of an offense listed in Subsection (1)(a) or a substantially
2817
equivalent offense in an external jurisdiction; or
2818
(B) is required to register on a sex, kidnap, and child abuse registry, or an equivalent
2819
registry, in the individual's state of residence based on a conviction for an offense that is not
2820
substantially equivalent to an offense listed in Subsection (1)(a);
2821
(e) is found not guilty by reason of insanity in this state or in an external jurisdiction of
2822
an offense listed in Subsection (1)(a) or a substantially equivalent offense; or
2823
(f)(i) is adjudicated under Section 80-6-701 for one or more offenses listed in Subsection
2824
(1)(a); and
2825
(ii) has been committed to the division for secure care, as defined in Section 80-1-102,
2826
for that offense if:
2827
(A) the individual remains in the division's custody until 30 days before the
2828
individual's 21st birthday;
2829
(B) the juvenile court extended the juvenile court's jurisdiction over the individual
2830
under Section 80-6-605 and the individual remains in the division's custody until 30 days
2831
before the individual's 25th birthday; or
2832
(C) the individual is moved from the division's custody to the custody of the
2833
department before expiration of the division's jurisdiction over the individual.
2834
(2) Subject to Subsection (3), an individual is:
2835
(a) a child abuse offender if the individual:
2836
(i) has committed, attempted, solicited, or conspired to commit an offense described
2837
in Subsections (1)(a)(i) through (ii); or
2838
(ii) meets a requirement described in Subsections (1)(b) through (e) for an offense
2839
described in Subsections (1)(a)(i) through (ii) or a substantially equivalent offense;
2840
(b) a sex offender if the individual:
2841
(i) has committed, attempted, solicited, or conspired to commit an offense described
2842
in Subsections (1)(a)(iii) through (xxxii); or
2843
(ii) meets a requirement described in Subsections (1)(b) through (e) for an offense
2844
described in Subsections (1)(a)(iii) through (xxxii) or a substantially equivalent offense; or
2845
(c) a kidnap offender if the individual:
2846
(i) has committed, attempted, solicited, or conspired to commit an offense described
2847
in Subsections (1)(a)(xxxiii) through (xli); or
2848
(ii) meets a requirement described in Subsections (1)(b) through (e) for an offense
2849
described in Subsections (1)(a)(xxxiii) through (xli) or a substantially equivalent offense.
- 84 - Enrolled Copy S.B. 24
2850
(3) An individual who has committed a registrable offense described in Subsection
2851
(1)(d)(ii)(B) in an external jurisdiction that is not substantially equivalent to an offense
2852
described in Subsection (1)(a) and is required to register on a sex, kidnap, and child abuse
2853
registry, or an equivalent registry, in the individual's state of residence is a child abuse
2854
offender, sex offender, or kidnap offender based on the individual's status on the registry in the
2855
individual's state of residence.
2856
(4) Notwithstanding Subsection 53-29-101(2)(a), a plea of guilty or nolo contendere to a
2857
charge of sexual battery or lewdness that is held in abeyance under Title 77, Chapter 2a, Pleas
2858
in Abeyance, is the equivalent of a conviction even if the charge is subsequently reduced or
2859
dismissed in accordance with the plea in abeyance agreement.";
2860
(2) Subsection 53-29-203(1)(a), enacted in S.B. 41, be amended to read:
2861
"(a) 10 years after the day on which the offender's sentence for the offense has been
2862
terminated if the registrable offense is for:
2863
(i) a felony or class A misdemeanor violation of enticing a minor under Section
2864
76-4-401, if the offender enticed the minor to engage in sexual activity that is one of the
2865
offenses described in Subsections (1)(a)(ii) through (xxiv);
2866
(ii) aggravated child abuse under Subsection 76-5-109.2(3)(a) or (b);
2867
(iii) child torture under Section 76-5-109.4;
2868
(iv) kidnapping under Subsection 76-5-301(2)(c) or (d), if the offender was not the
2869
natural parent of the child victim;
2870
(v) human trafficking for labor under Section 76-5-308, if the offender was not the
2871
natural parent of the child victim;
2872
(vi) human smuggling under Section 76-5-308.3, if the offender was not the natural
2873
parent of the child victim;
2874
(vii) human trafficking of a child for labor under Subsection 76-5-308.5(4)(a), if the
2875
offender was not the natural parent of the child victim;
2876
(viii) aggravated human trafficking for labor under Section 76-5-310, if the offender
2877
was not the natural parent of the child victim;
2878
(ix) aggravated human smuggling under Section 76-5-310.1;
2879
(x) human trafficking of a vulnerable adult for labor under Section 76-5-311;
2880
(xi) a felony violation of unlawful sexual activity with a minor under Section
2881
76-5-401;
2882
(xii) sexual abuse of a minor under Section 76-5-401.1;
2883
(xiii) unlawful sexual conduct with a 16 or 17 year old under Section 76-5-401.2;
- 85 - S.B. 24 Enrolled Copy
2884
(xiv) forcible sexual abuse under Section 76-5-404;
2885
(xv) custodial sexual relations under Section 76-5-412;
2886
(xvi) sexual exploitation of a vulnerable adult under Section 76-5b-202;
2887
(xvii) sexual extortion under Subsection 76-5b-204(2)(a);
2888
(xviii) incest under Section 76-7-102;
2889
(xix) four to seven convictions of lewdness under Section 76-9-702;
2890
(xx) four to seven convictions of sexual battery under Section 76-9-702.1;
2891
(xxi) any combination of convictions of lewdness under Section 76-9-702, and of
2892
sexual battery under Section 76-9-702.1, that total four to seven convictions;
2893
(xxii) lewdness involving a child under Section 76-9-702.5;
2894
(xxiii) a felony or class A misdemeanor violation of voyeurism under Section
2895
76-9-702.7;
2896
(xxiv) aggravated exploitation of prostitution under Section 76-10-1306, committed
2897
on or before May 9, 2011;
2898
(xxv) attempting, soliciting, or conspiring to commit an offense listed in Subsections
2899
(1)(a)(i) through (xxiv) if the attempt, solicitation, or conspiracy is a registrable offense; or
2900
(xxvi) attempting, soliciting, or conspiring to commit:
2901
(A) aggravated kidnapping under Section 76-5-302, if the offender was not the
2902
natural parent of the child victim;
2903
(B) human trafficking for sexual exploitation under Section 76-5-308.1, if the
2904
offender was not the natural parent of the child victim;
2905
(C) human trafficking of a child for sexual exploitation under Subsection
2906
76-5-308.5(4)(b), if the offender was not the natural parent of the child victim;
2907
(D) aggravated human trafficking for sexual exploitation under Section 76-5-310,
2908
if the offender was not the natural parent of the child victim;
2909
(E) human trafficking of a vulnerable adult for sexual exploitation under Section
2910
76-5-311, if the offender was not the natural parent of the child victim;
2911
(F) forcible sodomy under Section 76-5-403;
2912
(G) sexual abuse of a child under Section 76-5-404.1;
2913
(H) sexual exploitation of a minor under Section 76-5b-201;
2914
(I) aggravated sexual exploitation of a minor under Section 76-5b-201.1;
2915
(J) aggravated sexual extortion under Subsection 76-5b-204(2)(b); or
2916
(K) aggravated exploitation of prostitution under Section 76-10-1306, on or after
2917
May 10, 2011; or"; and
- 86 - Enrolled Copy S.B. 24
2918
(3) the following language be inserted as Subsection 53-29-205(3)(c) in S.B. 41 and the
2919
existing subsections in Subsection 53-29-205(3) in S.B. 41 be renumbered accordingly:
2920
"(c) child torture under Section 76-5-109.4;".
2921
Section 26. Coordinating S.B. 24 with H.B. 21 and S.B. 41, if all pass and become law.
2922
If S.B. 24, Child Abuse and Torture Amendments, S.B. 41, Sex, Kidnap, and Child
2923
Abuse Offender Registry Amendments, and H.B. 21, Criminal Code Recodification and Cross
2924
References, all pass and become law, the Legislature intends that, on May 7, 2025:
2925
(1) Section 53-29-202, enacted in S.B. 41, be amended to read:
2926
"(1) An individual is an offender described in Subsection (2) and subject to the
2927
requirements, restrictions, and penalties described in this chapter if the individual:
2928
(a) has been convicted in this state of:
2929
(i) aggravated child abuse under Subsection 76-5-109.2(3)(a) or (b);
2930
(ii) child torture under Section 76-5-109.4;
2931
(iii) a felony or class A misdemeanor violation of enticing a minor under Section
2932
76-4-401;
2933
(iv) sexual exploitation of a vulnerable adult under Section 76-5b-202;
2934
(v) human trafficking for sexual exploitation under Section 76-5-308.1;
2935
(vi) human trafficking of a child for sexual exploitation under Subsection
2936
76-5-308.5(4)(b);
2937
(vii) aggravated human trafficking for sexual exploitation under Section 76-5-310;
2938
(viii) human trafficking of a vulnerable adult for sexual exploitation under Section
2939
76-5-311;
2940
(ix) unlawful sexual activity with a minor under Section 76-5-401, except as provided
2941
in Subsection 76-5-401(3)(b) or (c);
2942
(x) sexual abuse of a minor under Section 76-5-401.1, on the individual's first offense
2943
unless the individual was younger than 21 years old at the time of the offense then on the
2944
individual's second offense;
2945
(xi) unlawful sexual conduct with a 16 or 17 year old under Section 76-5-401.2;
2946
(xii) rape under Section 76-5-402;
2947
(xiii) rape of a child under Section 76-5-402.1;
2948
(xiv) object rape under Section 76-5-402.2;
2949
(xv) object rape of a child under Section 76-5-402.3;
2950
(xvi) a felony violation of forcible sodomy under Section 76-5-403;
2951
(xvii) sodomy on a child under Section 76-5-403.1;
- 87 - S.B. 24 Enrolled Copy
2952
(xviii) forcible sexual abuse under Section 76-5-404;
2953
(xix) sexual abuse of a child under Section 76-5-404.1;
2954
(xx) aggravated sexual abuse of a child under Section 76-5-404.3;
2955
(xxi) aggravated sexual assault under Section 76-5-405;
2956
(xxii) custodial sexual relations under Section 76-5-412, if the victim in custody is
2957
younger than 18 years old and the offense is committed on or after May 10, 2011;
2958
(xxiii) sexual exploitation of a minor under Section 76-5b-201;
2959
(xxiv) aggravated sexual exploitation of a minor under Section 76-5b-201.1;
2960
(xxv) sexual extortion or aggravated sexual extortion under Section 76-5b-204;
2961
(xxvi) incest under Section 76-7-102;
2962
(xxvii) lewdness under Section 76-9-702, if the individual has been convicted of the
2963
offense four or more times;
2964
(xxviii) sexual battery under Section 76-9-702.1, if the individual has been convicted
2965
of the offense four or more times;
2966
(xxix) any combination of convictions of lewdness under Section 76-9-702, and of
2967
sexual battery under Section 76-9-702.1, that total four or more convictions;
2968
(xxx) lewdness involving a child under Section 76-9-702.5;
2969
(xxxi) a felony or class A misdemeanor violation of:
2970
(A) voyeurism under Section 76-12-306;
2971
(B) recorded or photographed voyeurism under Section 76-12-307; or
2972
(C) distribution of images obtained through voyeurism under Section 76-12-308;
2973
(xxxii) aggravated exploitation of prostitution under Section 76-10-1306;
2974
(xxxiii) kidnapping under Subsection 76-5-301(2)(c) or (d), if the offender was not
2975
the natural parent of the child victim;
2976
(xxxiv) child kidnapping under Section 76-5-301.1, if the offender was not the
2977
natural parent of the child victim;
2978
(xxxv) aggravated kidnapping under Section 76-5-302, if the offender was not the
2979
natural parent of the child victim;
2980
(xxxvi) human trafficking for labor under Section 76-5-308, if the offender was not
2981
the natural parent of the child victim;
2982
(xxxvii) human smuggling under Section 76-5-308.3, if the offender was not the
2983
natural parent of the child victim;
2984
(xxxviii) human trafficking of a child for labor under Subsection 76-5-308.5(4)(a), if
2985
the offender was not the natural parent of the child victim;
- 88 - Enrolled Copy S.B. 24
2986
(xxxix) aggravated human trafficking for labor under Section 76-5-310, if the
2987
offender was not the natural parent of the child victim;
2988
(xl) aggravated human smuggling under Section 76-5-310.1, if the offender was not
2989
the natural parent of the child victim;
2990
(xli) human trafficking of a vulnerable adult for labor under Section 76-5-311, if the
2991
offender was not the natural parent of the child victim; or
2992
(xlii) attempting, soliciting, or conspiring to commit a felony violation of an offense
2993
listed in Subsections (1)(a)(i) through (xli);
2994
(b)(i) has been convicted of a criminal offense, or an attempt, solicitation, or conspiracy to
2995
commit a criminal offense in an external jurisdiction that is substantially equivalent to the
2996
offense listed in Subsection (1)(a); and
2997
(ii)(A) is a Utah resident; or
2998
(B) is not a Utah resident and is in this state for a total of 10 days in a 12-month
2999
period, regardless of whether the individual intends to permanently reside in this state;
3000
(c)(i)(A) is required to register on a registry in an external jurisdiction for individuals who
3001
have committed an offense listed in Subsection (1)(a) or a substantially equivalent offense;
3002
(B) is ordered by a court to register on a registry for individuals who have committed
3003
an offense listed in Subsection (1)(a) or a substantially equivalent offense; or
3004
(C) would be required to register on a registry in an external jurisdiction for
3005
individuals who have committed an offense listed in Subsection (1)(a), or a substantially
3006
equivalent offense, if residing in the external jurisdiction of the conviction regardless of the
3007
date of the conviction or a previous registration requirement; and
3008
(ii) is in this state for a total of 10 days in a 12-month period, regardless of whether the
3009
individual intends to permanently reside in this state;
3010
(d)(i)(A) is a nonresident regularly employed or working in this state; or
3011
(B) who is a student in this state; and
3012
(ii)(A) is convicted of an offense listed in Subsection (1)(a) or a substantially equivalent
3013
offense in an external jurisdiction; or
3014
(B) is required to register on a sex, kidnap, and child abuse registry, or an equivalent
3015
registry, in the individual's state of residence based on a conviction for an offense that is not
3016
substantially equivalent to an offense listed in Subsection (1)(a);
3017
(e) is found not guilty by reason of insanity in this state or in an external jurisdiction of an
3018
offense listed in Subsection (1)(a) or a substantially equivalent offense; or
3019
(f)(i) is adjudicated under Section 80-6-701 for one or more offenses listed in Subsection
- 89 - S.B. 24 Enrolled Copy
3020
(1)(a); and
3021
(ii) has been committed to the division for secure care, as defined in Section 80-1-102,
3022
for that offense if:
3023
(A) the individual remains in the division's custody until 30 days before the
3024
individual's 21st birthday;
3025
(B) the juvenile court extended the juvenile court's jurisdiction over the individual
3026
under Section 80-6-605 and the individual remains in the division's custody until 30 days
3027
before the individual's 25th birthday; or
3028
(C) the individual is moved from the division's custody to the custody of the
3029
department before expiration of the division's jurisdiction over the individual.
3030
(2) Subject to Subsection (3), an individual is:
3031
(a) a child abuse offender if the individual:
3032
(i) has committed, attempted, solicited, or conspired to commit an offense described
3033
in Subsections (1)(a)(i) through (ii); or
3034
(ii) meets a requirement described in Subsections (1)(b) through (e) for an offense
3035
described in Subsections (1)(a)(i) through (ii) or a substantially equivalent offense;
3036
(b) a sex offender if the individual:
3037
(i) has committed, attempted, solicited, or conspired to commit an offense described
3038
in Subsections (1)(a)(iii) through (xxxii); or
3039
(ii) meets a requirement described in Subsections (1)(b) through (e) for an offense
3040
described in Subsections (1)(a)(iii) through (xxxii) or a substantially equivalent offense; or
3041
(c) a kidnap offender if the individual:
3042
(i) has committed, attempted, solicited, or conspired to commit an offense described
3043
in Subsections (1)(a)(xxxiii) through (xli); or
3044
(ii) meets a requirement described in Subsections (1)(b) through (e) for an offense
3045
described in Subsections (1)(a)(xxxiii) through (xli) or a substantially equivalent offense.
3046
(3) An individual who has committed a registrable offense described in Subsection
3047
(1)(d)(ii)(B) in an external jurisdiction that is not substantially equivalent to an offense
3048
described in Subsection (1)(a) and is required to register on a sex, kidnap, and child abuse
3049
registry, or an equivalent registry, in the individual's state of residence is a child abuse
3050
offender, sex offender, or kidnap offender based on the individual's status on the registry in the
3051
individual's state of residence.
3052
(4) Notwithstanding Subsection 53-29-101(2)(a), a plea of guilty or nolo contendere to a
3053
charge of sexual battery or lewdness that is held in abeyance under Title 77, Chapter 2a, Pleas
- 90 - Enrolled Copy S.B. 24
3054
in Abeyance, is the equivalent of a conviction even if the charge is subsequently reduced or
3055
dismissed in accordance with the plea in abeyance agreement.";
3056
(2) Subsection 53-29-203(1)(a), enacted in S.B. 41, be amended to read:
3057
"(a) 10 years after the day on which the offender's sentence for the offense has been
3058
terminated if the registrable offense is for:
3059
(i) a felony or class A misdemeanor violation of enticing a minor under Section
3060
76-4-401, if the offender enticed the minor to engage in sexual activity that is one of the
3061
offenses described in Subsections (1)(a)(ii) through (xxiv);
3062
(ii) aggravated child abuse under Subsection 76-5-109.2(3)(a) or (b);
3063
(iii) child torture under Section 76-5-109.4;
3064
(iv) kidnapping under Subsection 76-5-301(2)(c) or (d), if the offender was not the
3065
natural parent of the child victim;
3066
(v) human trafficking for labor under Section 76-5-308, if the offender was not the
3067
natural parent of the child victim;
3068
(vi) human smuggling under Section 76-5-308.3, if the offender was not the natural
3069
parent of the child victim;
3070
(vii) human trafficking of a child for labor under Subsection 76-5-308.5(4)(a), if the
3071
offender was not the natural parent of the child victim;
3072
(viii) aggravated human trafficking for labor under Section 76-5-310, if the offender
3073
was not the natural parent of the child victim;
3074
(ix) aggravated human smuggling under Section 76-5-310.1;
3075
(x) human trafficking of a vulnerable adult for labor under Section 76-5-311;
3076
(xi) a felony violation of unlawful sexual activity with a minor under Section
3077
76-5-401;
3078
(xii) sexual abuse of a minor under Section 76-5-401.1;
3079
(xiii) unlawful sexual conduct with a 16 or 17 year old under Section 76-5-401.2;
3080
(xiv) forcible sexual abuse under Section 76-5-404;
3081
(xv) custodial sexual relations under Section 76-5-412;
3082
(xvi) sexual exploitation of a vulnerable adult under Section 76-5b-202;
3083
(xvii) sexual extortion under Subsection 76-5b-204(2)(a);
3084
(xviii) incest under Section 76-7-102;
3085
(xix) four to seven convictions of lewdness under Section 76-9-702;
3086
(xx) four to seven convictions of sexual battery under Section 76-9-702.1;
3087
(xxi) any combination of convictions of lewdness under Section 76-9-702, and of
- 91 - S.B. 24 Enrolled Copy
3088
sexual battery under Section 76-9-702.1, that total four to seven convictions;
3089
(xxii) lewdness involving a child under Section 76-9-702.5;
3090
(xxiii) a felony or class A misdemeanor violation of:
3091
(A) voyeurism under Section 76-12-306;
3092
(B) recorded or photographed voyeurism under Section 76-12-307; or
3093
(C) distribution of images obtained through voyeurism under Section 76-12-308;
3094
(xxiv) aggravated exploitation of prostitution under Section 76-10-1306, committed
3095
on or before May 9, 2011;
3096
(xxv) attempting, soliciting, or conspiring to commit an offense listed in Subsections
3097
(1)(a)(i) through (xxiv) if the attempt, solicitation, or conspiracy is a registrable offense; or
3098
(xxvi) attempting, soliciting, or conspiring to commit:
3099
(A) aggravated kidnapping under Section 76-5-302, if the offender was not the
3100
natural parent of the child victim;
3101
(B) human trafficking for sexual exploitation under Section 76-5-308.1, if the
3102
offender was not the natural parent of the child victim;
3103
(C) human trafficking of a child for sexual exploitation under Subsection
3104
76-5-308.5(4)(b), if the offender was not the natural parent of the child victim;
3105
(D) aggravated human trafficking for sexual exploitation under Section 76-5-310,
3106
if the offender was not the natural parent of the child victim;
3107
(E) human trafficking of a vulnerable adult for sexual exploitation under Section
3108
76-5-311, if the offender was not the natural parent of the child victim;
3109
(F) forcible sodomy under Section 76-5-403;
3110
(G) sexual abuse of a child under Section 76-5-404.1;
3111
(H) sexual exploitation of a minor under Section 76-5b-201;
3112
(I) aggravated sexual exploitation of a minor under Section 76-5b-201.1;
3113
(J) aggravated sexual extortion under Subsection 76-5b-204(2)(b); or
3114
(K) aggravated exploitation of prostitution under Section 76-10-1306, on or after
3115
May 10, 2011; or";
3116
(3) the following language be inserted as Subsection 53-29-205(3)(c) in S.B. 41 and the
3117
existing subsections in Subsection 53-29-205(3) in S.B. 41 be renumbered accordingly:
3118
"(c) child torture under Section 76-5-109.4;"; and
3119
(4) Subsection 53-29-205(3)(u), enacted in S.B. 41, be amended to read:
3120
"(u) a felony violation of:
3121
(i) recorded or photographed voyeurism under Section 76-12-307; or
- 92 - Enrolled Copy S.B. 24
3122
(ii) distribution of images obtained through voyeurism under Section 76-12-308;".
- 93 -