12-20 16:50 S.B. 41
1
Sex, Kidnap, and Child Abuse Offender Registry Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Keith Grover
House Sponsor: Matthew H. Gwynn
2
3
LONG TITLE
4
General Description:
5
This bill amends provisions related to the Sex, Kidnap, and Child Abuse Offender Registry.
6
Highlighted Provisions:
7
This bill:
8
▸ recodifies the statutes applicable to the Sex, Kidnap, and Child Abuse Offender Registry;
9
and
10
▸ makes technical and conforming changes.
11
Money Appropriated in this Bill:
12
None
13
Other Special Clauses:
14
None
15
Utah Code Sections Affected:
16
AMENDS:
17
13-51-107 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 234
18
13-67-101 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 234
19
26B-2-120 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 234
20
41-3-205.5 (Effective 05/07/25), as last amended by Laws of Utah 2012, Chapter 145
21
41-3-209 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 251
22
42-1-1 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 296
23
53-3-205 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapters 116,
24
234
25
53-3-216 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 234
26
53-3-804 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapters 116,
27
234
28
53-3-806.5 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 234
29
53-3-807 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 234
30
53-10-214 (Effective 05/07/25), as enacted by Laws of Utah 2019, Chapter 406 S.B. 41 12-20 16:50
31
53-10-403 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapters 96,
32
153, 187, and 256
33
53-10-404 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 234
34
57-8-3 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 519
35
57-8-8.1 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapters 115, 519
36
57-8a-102 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 519
37
57-8a-218 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapters 115,
38
519
39
63G-2-302 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 234
40
63G-7-301 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 234
41
76-1-201 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 234
42
76-1-202 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 234
43
76-3-402 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 234
44
76-5-401 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 234
45
76-5-401.1 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 234
46
76-5-401.3 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 234
47
76-9-702 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 234
48
76-9-702.1 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 234
49
76-9-702.5 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 2
50
77-2-2.3 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 234
51
77-11c-101 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 234
52
77-27-5.2 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapters 116,
53
234
54
77-38-605 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 234
55
77-40a-303 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 180
56
77-40a-403 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 180
57
78A-2-301 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 366
58
78B-8-302 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 234
59
80-3-406 (Effective 05/07/25), as last amended by Laws of Utah 2023, Chapter 320
60
80-5-201 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapters 116,
61
234
62
80-8-101 (Effective 05/07/25), as enacted by Laws of Utah 2024, Chapter 371
63
80-8-201 (Effective 05/07/25), as enacted by Laws of Utah 2024, Chapter 371
64
81-9-202 (Effective 05/07/25), as renumbered and amended by Laws of Utah 2024,
- 2 - 12-20 16:50 S.B. 41
65
Chapter 366
66
81-9-208 (Effective 05/07/25), as renumbered and amended by Laws of Utah 2024,
67
Chapter 366
68
ENACTS:
69
53-29-101 (Effective 05/07/25), Utah Code Annotated 1953
70
53-29-102 (Effective 05/07/25), Utah Code Annotated 1953
71
53-29-201 (Effective 05/07/25), Utah Code Annotated 1953
72
53-29-202 (Effective 05/07/25), Utah Code Annotated 1953
73
53-29-203 (Effective 05/07/25), Utah Code Annotated 1953
74
53-29-204 (Effective 05/07/25), Utah Code Annotated 1953
75
53-29-205 (Effective 05/07/25), Utah Code Annotated 1953
76
53-29-206 (Effective 05/07/25), Utah Code Annotated 1953
77
53-29-207 (Effective 05/07/25), Utah Code Annotated 1953
78
53-29-301 (Effective 05/07/25), Utah Code Annotated 1953
79
53-29-302 (Effective 05/07/25), Utah Code Annotated 1953
80
53-29-303 (Effective 05/07/25), Utah Code Annotated 1953
81
53-29-304 (Effective 05/07/25), Utah Code Annotated 1953
82
53-29-305 (Effective 05/07/25), Utah Code Annotated 1953
83
53-29-401 (Effective 05/07/25), Utah Code Annotated 1953
84
53-29-402 (Effective 05/07/25), Utah Code Annotated 1953
85
53-29-403 (Effective 05/07/25), Utah Code Annotated 1953
86
53-29-404 (Effective 05/07/25), Utah Code Annotated 1953
87
53-29-405 (Effective 05/07/25), Utah Code Annotated 1953
88
RENUMBERS AND AMENDS:
89
53-29-306 (Effective 05/07/25), (Renumbered from 77-27-21.7, as last amended by
90
Laws of Utah 2024, Chapters 116, 234)
91
53-29-307 (Effective 05/07/25), (Renumbered from 77-27-21.8, as last amended by
92
Laws of Utah 2024, Chapter 234)
93
REPEALS:
94
77-41-102 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 234
95
77-41-103 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapters 116,
96
234
97
77-41-104 (Effective 05/07/25), as last amended by Laws of Utah 2023, Chapter 128
98
77-41-105 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 234
- 3 - S.B. 41 12-20 16:50
99
77-41-106 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 234
100
77-41-107 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 234
101
77-41-108 (Effective 05/07/25), as enacted by Laws of Utah 2012, Chapter 145
102
77-41-109 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 234
103
77-41-110 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 234
104
77-41-111 (Effective 05/07/25), as last amended by Laws of Utah 2023, Chapter 128
105
77-41-112 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapters 116,
106
234
107
77-41-113 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 234
108
77-41-114 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 234
109
110
Be it enacted by the Legislature of the state of Utah:
111
Section 1. Section 13-51-107 is amended to read:
112
13-51-107 (Effective 05/07/25). Driver requirements.
113
(1) Before a transportation network company allows an individual to use the transportation
114
network company's software application as a transportation network driver, the
115
transportation network company shall:
116
(a) require the individual to submit to the transportation network company:
117
(i) the individual's name, address, and age;
118
(ii) a copy of the individual's driver license, including the driver license number; and
119
(iii) proof that the vehicle that the individual will use to provide transportation
120
network services is registered with the Division of Motor Vehicles;
121
(b) require the individual to consent to a criminal background check of the individual by
122
the transportation network company or the transportation network company's
123
designee; and
124
(c) obtain and review a report that lists the individual's driving history.
125
(2) A transportation company may not allow an individual to provide transportation
126
network services as a transportation network driver if the individual:
127
(a) has committed more than three moving violations in the three years before the day on
128
which the individual applies to become a transportation network driver;
129
(b) has been convicted, in the seven years before the day on which the individual applies
130
to become a transportation network driver, of:
131
(i) driving under the influence of alcohol or drugs;
132
(ii) fraud;
- 4 - 12-20 16:50 S.B. 41
133
(iii) a sexual offense;
134
(iv) a felony involving a motor vehicle;
135
(v) a crime involving property damage;
136
(vi) a crime involving theft;
137
(vii) a crime of violence; or
138
(viii) an act of terror;
139
(c) is required to register as a sex offender, kidnap offender, or child abuse offender in
140
accordance with [Title 77, Chapter 41, Sex, Kidnap, and Child Abuse Offender
141
Registry] Title 53, Chapter 29, Sex, Kidnap, and Child Abuse Offender Registry;
142
(d) does not have a valid Utah driver license; or
143
(e) is not at least 18 years old.
144
(3)(a) A transportation network company shall prohibit a transportation network driver
145
from accepting a request for a prearranged ride if the motor vehicle that the
146
transportation network driver uses to provide transportation network services fails to
147
comply with:
148
(i) equipment standards described in Section 41-6a-1601; and
149
(ii) emission requirements adopted by a county under Section 41-6a-1642.
150
(b)(i) If upon visual inspection, a defect relating to the equipment standards
151
described in Section 41-6a-1601 can be reasonably identified, an airport operator
152
may perform a safety inspection of a transportation network driver's vehicle
153
operating within the airport to ensure compliance with equipment standards
154
described in Section 41-6a-1601.
155
(ii) An airport operator shall conduct all inspections under this Subsection (3) in such
156
a manner to minimize impact to the transportation network driver's and
157
transportation network company vehicle's availability to provide prearranged rides.
158
(4) A transportation network driver, while providing transportation network services, shall
159
carry proof, in physical or electronic form, that the transportation network driver is
160
covered by insurance that satisfies the requirements of Section 13-51-108.
161
Section 2. Section 13-67-101 is amended to read:
162
13-67-101 (Effective 05/07/25). Definitions.
163
As used in this chapter:
164
(1) "Banned member" means a member whose account or profile is the subject of a fraud
165
ban.
166
(2) "Criminal background screening" means a name search for an individual's criminal
- 5 - S.B. 41 12-20 16:50
167
conviction and is conducted by searching:
168
(a) available and regularly updated government public record databases that in the
169
aggregate provide national coverage for criminal conviction records; or
170
(b) a regularly updated database with national coverage of criminal conviction records
171
and sexual offender registries maintained by a private vendor.
172
(3)(a) "Criminal conviction" means a conviction for a crime in this state, another state,
173
or under federal law.
174
(b) "Criminal conviction" includes an offense that would require registration under [Title
175
77, Chapter 41, Sex, Kidnap, and Child Abuse Offender Registry] Title 53, Chapter
176
29, Sex, Kidnap, and Child Abuse Offender Registry, or under a similar law in a
177
different jurisdiction.
178
(4) "Division" means the Division of Consumer Protection in the Department of Commerce.
179
(5) "Fraud ban" means the expulsion of a member from an online dating service because, in
180
the judgment of the online dating service provider, there is a significant risk the member
181
will attempt to obtain money from another member through fraudulent means.
182
(6) "Member" means an individual who submits to an online dating service provider the
183
information required by the online dating service provider to access the online dating
184
service provider's online dating service.
185
(7) "Online dating service" means a product or service that is:
186
(a) conducted through a website or a mobile application; and
187
(b) primarily marketed and intended to offer a member access to dating or romantic
188
relationships with another member by arranging or facilitating the social introduction
189
of members.
190
(8) "Online dating service provider" means a person [predominately] predominantly
191
engaged in the business of offering an online dating service.
192
(9) "Utah member" means a member who provides a Utah billing address or zip code when
193
registering with an online dating service provider.
194
Section 3. Section 26B-2-120 is amended to read:
195
26B-2-120 (Effective 05/07/25). Background check -- Direct access to children or
196
vulnerable adults.
197
(1) As used in this section:
198
(a)(i) "Applicant" means an individual who is associated with a certification,
199
contract, or licensee with the department under this part and has direct access,
200
including:
- 6 - 12-20 16:50 S.B. 41
201
(A) an adoptive parent or prospective adoptive parent, including an applicant for
202
an adoption in accordance with Section 78B-6-128;
203
(B) a foster parent or prospective foster parent;
204
(C) an individual who provides respite care to a foster parent or an adoptive parent
205
on more than one occasion;
206
(D) an individual who transports a child for a youth transportation company;
207
(E) an individual who provides certified peer support, as defined in Section
208
26B-5-610;
209
(F) an individual who provides peer supports, has a disability or a family member
210
with a disability, or is in recovery from a mental illness or a substance use
211
disorder;
212
(G) an individual who has lived experience with the services provided by the
213
department, and uses that lived experience to provide support, guidance, or
214
services to promote resiliency and recovery;
215
(H) an individual who is identified as a mental health professional, licensed under
216
Title 58, Chapter 60, Mental Health Professional Practice Act, and engaged in
217
the practice of mental health therapy, as defined in Section 58-60-102;
218
(I) an individual, other than the child or vulnerable adult receiving the service,
219
who is 12 years old or older and resides in a home, that is licensed or certified
220
by the division;
221
(J) an individual who is 12 years old or older and is associated with a certification,
222
contract, or licensee with the department under this part and has or will likely
223
have direct access;
224
(K) a foster home licensee that submits an application for an annual background
225
screening as required by Subsection 26B-2-105(4)(d)(iii); or
226
(L) a short-term relief care provider.
227
(ii) "Applicant" does not include:
228
(A) an individual who is in the custody of the Division of Child and Family
229
Services or the Division of Juvenile Justice and Youth Services;
230
(B) an individual who applies for employment with, or is employed by, the
231
Department of Health and Human Services;
232
(C) a parent of a person receiving services from the Division of Services for
233
People with Disabilities, if the parent provides direct care to and resides with
234
the person, including if the parent provides direct care to and resides with the
- 7 - S.B. 41 12-20 16:50
235
person pursuant to a court order; or
236
(D) an individual or a department contractor who provides services in an adults
237
only substance use disorder program, as defined by rule adopted by the
238
Department of Health and Human Services in accordance with Title 63G,
239
Chapter 3, Utah Administrative Rulemaking Act, and who is not a program
240
director or a member, as defined by Section 26B-2-105, of the program.
241
(b) "Application" means a background check application to the office.
242
(c) "Bureau" means the Bureau of Criminal Identification within the Department of
243
Public Safety, created in Section 53-10-201.
244
(d) "Criminal finding" means a record of:
245
(i) an arrest for a criminal offense;
246
(ii) a warrant for a criminal arrest;
247
(iii) charges for a criminal offense; or
248
(iv) a criminal conviction.
249
(e) "Direct access" means that an individual has, or likely will have:
250
(i) contact with or access to a child or vulnerable adult by which the individual will
251
have the opportunity for personal communication or touch with the child or
252
vulnerable adult; or
253
(ii) an opportunity to view medical, financial, or other confidential personal
254
identifying information of the child, the child's parent or legal guardian, or the
255
vulnerable adult.
256
(f)(i) "Direct access qualified" means that the applicant has an eligible determination
257
by the office within the license and renewal time period; and
258
(ii) no more than 180 days have passed since the date on which the applicant's
259
association with a certification, contract, or licensee with the department expires.
260
(g) "Incidental care" means occasional care, not in excess of five hours per week and
261
never overnight, for a foster child.
262
(h) "Licensee" means an individual or a human services program licensed by the
263
division.
264
(i) "Non-criminal finding" means a record maintained in:
265
(i) the Division of Child and Family Services' Management Information System
266
described in Section 80-2-1001;
267
(ii) the Division of Child and Family Services' Licensing Information System
268
described in Section 80-2-1002;
- 8 - 12-20 16:50 S.B. 41
269
(iii) the Division of Aging and Adult Services' vulnerable adult abuse, neglect, or
270
exploitation database described in Section 26B-6-210;
271
(iv) juvenile court arrest, adjudication, and disposition records;
272
(v) the Sex, Kidnap, and Child Abuse Offender Registry described in [Title 77,
273
Chapter 41, Sex, Kidnap, and Child Abuse Offender Registry] Title 53, Chapter
274
29, Sex, Kidnap, and Child Abuse Offender Registry, or a national sex offender
275
registry; or
276
(vi) a state child abuse or neglect registry.
277
(j) "Office" means the Office of Background Processing within the department.
278
(k) "Personal identifying information" means:
279
(i) current name, former names, nicknames, and aliases;
280
(ii) date of birth;
281
(iii) physical address and email address;
282
(iv) telephone number;
283
(v) driver license or other government-issued identification;
284
(vi) social security number;
285
(vii) only for applicants who are 18 years old or older, fingerprints, in a form
286
specified by the office; and
287
(viii) other information specified by the office by rule made in accordance with Title
288
63G, Chapter 3, Utah Administrative Rulemaking Act.
289
(2) Except as provided in Subsection (12), an applicant or a representative shall submit the
290
following to the office:
291
(a) personal identifying information;
292
(b) a fee established by the office under Section 63J-1-504;
293
(c) a disclosure form, specified by the office, for consent for:
294
(i) an initial background check upon association with a certification, contract, or
295
licensee with the department;
296
(ii) ongoing monitoring of fingerprints and registries until no longer associated with a
297
certification, contract, or licensee with the department for 180 days;
298
(iii) a background check when the office determines that reasonable cause exists; and
299
(iv) retention of personal identifying information, including fingerprints, for
300
monitoring and notification as described in Subsections (3)(c) and (4);
301
(d) if an applicant resided outside of the United States and its territories during the five
302
years immediately preceding the day on which the information described in
- 9 - S.B. 41 12-20 16:50
303
Subsections (2)(a) through (c) is submitted to the office, documentation establishing
304
whether the applicant was convicted of a crime during the time that the applicant
305
resided outside of the United States or its territories; and
306
(e) an application showing an applicant's association with a certification, contract, or a
307
licensee with the department, for the purpose of the office tracking the direct access
308
qualified status of the applicant, which expires 180 days after the date on which the
309
applicant is no longer associated with a certification, contract, or a licensee with the
310
department.
311
(3) The office:
312
(a) shall perform the following duties as part of a background check of an applicant
313
before the office grants or denies direct access qualified status to an applicant:
314
(i) check state and regional criminal background databases for the applicant's
315
criminal history by:
316
(A) submitting personal identifying information to the bureau for a search; or
317
(B) using the applicant's personal identifying information to search state and
318
regional criminal background databases as authorized under Section 53-10-108;
319
(ii) submit the applicant's personal identifying information and fingerprints to the
320
bureau for a criminal history search of applicable national criminal background
321
databases;
322
(iii) search the Division of Child and Family Services' Licensing Information System
323
described in Section 80-2-1002;
324
(iv) search the Sex, Kidnap, and Child Abuse Offender Registry described in [Title
325
77, Chapter 41, Sex, Kidnap, and Child Abuse Offender Registry] Title 53,
326
Chapter 29, Sex, Kidnap, and Child Abuse Offender Registry, or a national sex
327
offender registry for an applicant 18 years old or older;
328
(v) if the applicant is associated with a licensee for a prospective foster or adoptive
329
parent, search the Division of Child and Family Services' Management
330
Information System described in Section 80-2-1001;
331
(vi) search the Division of Aging and Adult Services' vulnerable adult abuse, neglect,
332
or exploitation database described in Section 26B-6-210;
333
(vii) search the juvenile court records for substantiated findings of severe child abuse
334
or neglect described in Section 80-3-404; and
335
(viii) search the juvenile court arrest, adjudication, and disposition records, as
336
provided under Section 78A-6-209;
- 10 - 12-20 16:50 S.B. 41
337
(b) may conduct all or portions of a background check in connection with determining
338
whether an applicant is direct access qualified, as provided by rule, made by the
339
office in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
340
(i) for an annual renewal; or
341
(ii) when the office determines that reasonable cause exists;
342
(c) may submit an applicant's personal identifying information, including fingerprints, to
343
the bureau for checking, retaining, and monitoring of state and national criminal
344
background databases and for notifying the office of new criminal activity associated
345
with the applicant;
346
(d) shall track the status of an applicant under this section to ensure that the applicant is
347
not required to duplicate the submission of the applicant's fingerprints if the applicant
348
is associated with more than one certification, contract, or licensee with the
349
department;
350
(e) shall notify the bureau when a direct access qualified individual has not been
351
associated with a certification, contract, or licensee with the department for a period
352
of 180 days;
353
(f) shall adopt measures to strictly limit access to personal identifying information solely
354
to the individuals responsible for processing and entering the applications for
355
background checks and to protect the security of the personal identifying information
356
the office reviews under this Subsection (3);
357
(g) as necessary to comply with the federal requirement to check a state's child abuse
358
and neglect registry regarding any applicant working in a congregate care program,
359
shall:
360
(i) search the Division of Child and Family Services' Licensing Information System
361
described in Section 80-2-1002; and
362
(ii) require the child abuse and neglect registry be checked in each state where an
363
applicant resided at any time during the five years immediately preceding the day
364
on which the application is submitted to the office; and
365
(h) shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
366
Rulemaking Act, to implement the provisions of this Subsection (3) relating to
367
background checks.
368
(4)(a) With the personal identifying information the office submits to the bureau under
369
Subsection (3), the bureau shall check against state and regional criminal background
370
databases for the applicant's criminal history.
- 11 - S.B. 41 12-20 16:50
371
(b) With the personal identifying information and fingerprints the office submits to the
372
bureau under Subsection (3), the bureau shall check against national criminal
373
background databases for the applicant's criminal history.
374
(c) Upon direction from the office, and with the personal identifying information and
375
fingerprints the office submits to the bureau under Subsection (3)(c), the bureau shall:
376
(i) maintain a separate file of the fingerprints for search by future submissions to the
377
local and regional criminal records databases, including latent prints; and
378
(ii) monitor state and regional criminal background databases and identify criminal
379
activity associated with the applicant.
380
(d) The bureau is authorized to submit the fingerprints to the Federal Bureau of
381
Investigation Next Generation Identification System, to be retained in the Federal
382
Bureau of Investigation Next Generation Identification System for the purpose of:
383
(i) being searched by future submissions to the national criminal records databases,
384
including the Federal Bureau of Investigation Next Generation Identification
385
System and latent prints; and
386
(ii) monitoring national criminal background databases and identifying criminal
387
activity associated with the applicant.
388
(e) The [Bureau] bureau shall notify and release to the office all information of criminal
389
activity associated with the applicant.
390
(f) Upon notice that an individual who has direct access qualified status will no longer
391
be associated with a certification, contract, or licensee with the department, the
392
bureau shall:
393
(i) discard and destroy any retained fingerprints; and
394
(ii) notify the Federal Bureau of Investigation when the license has expired or an
395
individual's direct access to a child or a vulnerable adult has ceased, so that the
396
Federal Bureau of Investigation will discard and destroy the retained fingerprints
397
from the Federal Bureau of Investigation Next Generation Identification System.
398
(5)(a) Except as provided in Subsection (5)(b), the office shall deny direct access
399
qualified status to an applicant who, within three years from the date on which the
400
office conducts the background check, was convicted of:
401
(i) a felony or misdemeanor involving conduct that constitutes any of the following:
402
(A) an offense identified as domestic violence, lewdness, voyeurism, battery,
403
cruelty to animals, or bestiality;
404
(B) a violation of any pornography law, including sexual exploitation of a minor
- 12 - 12-20 16:50 S.B. 41
405
or aggravated sexual exploitation of a minor;
406
(C) sexual solicitation or prostitution;
407
(D) a violent offense committed in the presence of a child, as described in Section
408
76-3-203.10;
409
(E) an offense included in Title 76, Chapter 4, Part 4, Enticement of a Minor;
410
(F) an offense included in Title 76, Chapter 5, Offenses Against the Individual;
411
(G) an offense included in Title 76, Chapter 5b, Sexual Exploitation Act;
412
(H) an offense included in Title 76, Chapter 7, Offenses Against the Family;
413
(I) an offense included in Title 76, Chapter 9, Part 4, Offenses Against Privacy;
414
(J) an offense included in Title 76, Chapter 10, Part 4, Weapons of Mass
415
Destruction;
416
(K) an offense included in Title 78B, Chapter 7, Protective Orders and Stalking
417
Injunctions;
418
(L) aggravated arson, as described in Section 76-6-103;
419
(M) aggravated burglary, as described in Section 76-6-203;
420
(N) aggravated exploitation of prostitution, as described in Section 76-10-1306;
421
(O) aggravated robbery, as described in Section 76-6-302;
422
(P) endangering persons in a human services program, as described in Section
423
26B-2-113;
424
(Q) failure to report, as described in Section 80-2-609;
425
(R) identity fraud crime, as described in Section 76-6-1102;
426
(S) leaving a child unattended in a motor vehicle, as described in Section
427
76-10-2202;
428
(T) riot, as described in Section 76-9-101;
429
(U) sexual battery, as described in Section 76-9-702.1; or
430
(V) threatening with or using a dangerous weapon in a fight or quarrel, as
431
described in Section 76-10-506; or
432
(ii) a felony or misdemeanor offense committed outside of the state that, if committed
433
in the state, would constitute a violation of an offense described in Subsection
434
(5)(a)(i).
435
(b)(i) Subsection (5)(a) does not apply to an applicant who is seeking a position as a
436
peer support provider or a mental health professional, if the applicant provides
437
services in a program that serves only adults with a primary mental health
438
diagnosis, with or without a co-occurring substance use disorder.
- 13 - S.B. 41 12-20 16:50
439
(ii) The office shall conduct a comprehensive review of an applicant described in
440
Subsection (5)(b)(i) in accordance with Subsection (7).
441
(c) The office shall deny direct access qualified status to an applicant if the office finds
442
that a court order prohibits the applicant from having direct access to a child or
443
vulnerable adult.
444
(6) The office shall conduct a comprehensive review of an applicant's background check if
445
the applicant:
446
(a) has a felony or class A misdemeanor conviction that is more than three years from
447
the date on which the office conducts the background check, for an offense described
448
in Subsection (5)(a);
449
(b) has a felony charge or conviction that is no more than 10 years from the date on
450
which the office conducts the background check for an offense not described in
451
Subsection (5)(a);
452
(c) has a felony charge or conviction that is more than 10 years from the date on which
453
the office conducts the background check, for an offense not described in Subsection
454
(5)(a), with criminal or non-criminal findings after the date of the felony charge or
455
conviction;
456
(d) has a class B misdemeanor or class C misdemeanor conviction that is more than
457
three years and no more than 10 years from the date on which the office conducts the
458
background check for an offense described in Subsection (5)(a);
459
(e) has a class B misdemeanor or class C misdemeanor conviction that is more than 10
460
years from the date on which the office conducts the background check, for an
461
offense described in Subsection (5)(a), with criminal or non-criminal findings after
462
the date of conviction;
463
(f) has a misdemeanor charge or conviction that is no more than three years from the
464
date on which the office conducts the background check for an offense not described
465
in Subsection (5)(a);
466
(g) has a misdemeanor charge or conviction that is more than three years from the date
467
on which the office conducts the background check, for an offense not described in
468
Subsection (5)(a), with criminal or non-criminal findings after the date of charge or
469
conviction;
470
(h) is currently subject to a plea in abeyance or diversion agreement for an offense
471
described in Subsection (5)(a);
472
(i) appears on the Sex, Kidnap, and Child Abuse Offender Registry described in [Title
- 14 - 12-20 16:50 S.B. 41
473
77, Chapter 41, Sex, Kidnap, and Child Abuse Offender Registry] Title 53, Chapter
474
29, Sex, Kidnap, and Child Abuse Offender Registry, or a national sex offender
475
registry;
476
(j) has a record of an adjudication in juvenile court for an act that, if committed by an
477
adult, would be a felony or misdemeanor, if the applicant is:
478
(i) under 28 years old; or
479
(ii) 28 years old or older and has been convicted of, has pleaded no contest to, or is
480
currently subject to a plea in abeyance or diversion agreement for a felony or a
481
misdemeanor offense described in Subsection (5)(a);
482
(k) has a pending charge for an offense described in Subsection (5)(a);
483
(l) has a listing that occurred no more than 15 years from the date on which the office
484
conducts the background check in the Division of Child and Family Services'
485
Licensing Information System described in Section 80-2-1002;
486
(m) has a listing that occurred more than 15 years from the date on which the office
487
conducts the background check in the Division of Child and Family Services'
488
Licensing Information System described in Section 80-2-1002, with criminal or
489
non-criminal findings after the date of the listing;
490
(n) has a listing that occurred no more than 15 years from the date on which the office
491
conducts the background check in the Division of Aging and Adult Services'
492
vulnerable adult abuse, neglect, or exploitation database described in Section
493
26B-6-210;
494
(o) has a listing that occurred more than 15 years from the date on which the office
495
conducts the background check in the Division of Aging and Adult Services'
496
vulnerable adult abuse, neglect, or exploitation database described in Section
497
26B-6-210, with criminal or non-criminal findings after the date of the listing;
498
(p) has a substantiated finding that occurred no more than 15 years from the date on
499
which the office conducts the background check of severe child abuse or neglect
500
under Section 80-3-404 or 80-3-504[ ]; or
501
(q) has a substantiated finding that occurred more than 15 years from the date on which
502
the office conducts the background check of severe child abuse or neglect under
503
Section 80-3-404 or 80-3-504, with criminal or non-criminal findings after the date of
504
the listing.
505
(7)(a) The comprehensive review shall include an examination of:
506
(i) the date of the offense or incident;
- 15 - S.B. 41 12-20 16:50
507
(ii) the nature and seriousness of the offense or incident;
508
(iii) the circumstances under which the offense or incident occurred;
509
(iv) the age of the perpetrator when the offense or incident occurred;
510
(v) whether the offense or incident was an isolated or repeated incident;
511
(vi) whether the offense or incident directly relates to abuse of a child or vulnerable
512
adult, including:
513
(A) actual or threatened, nonaccidental physical, mental, or financial harm;
514
(B) sexual abuse;
515
(C) sexual exploitation; or
516
(D) negligent treatment;
517
(vii) any evidence provided by the applicant of rehabilitation, counseling, psychiatric
518
treatment received, or additional academic or vocational schooling completed;
519
(viii) the applicant's risk of harm to clientele in the program or in the capacity for
520
which the applicant is applying; and
521
(ix) if the background check of an applicant is being conducted for the purpose of
522
giving direct access qualified status to an applicant seeking a position in a
523
congregate care program or to become a prospective foster or adoptive parent, any
524
listing in the Division of Child and Family Services' Management Information
525
System described in Section 80-2-1001.
526
(b) At the conclusion of the comprehensive review, the office shall deny direct access
527
qualified status to an applicant if the office finds the approval would likely create a
528
risk of harm to a child or vulnerable adult.
529
(8) The office shall grant direct access qualified status to an applicant who is not denied
530
under this section.
531
(9)(a) The office may conditionally grant direct access qualified status to an applicant,
532
for a maximum of 60 days after the day on which the office sends written notice,
533
without requiring that the applicant be directly supervised, if the office:
534
(i) is awaiting the results of the criminal history search of national criminal
535
background databases; and
536
(ii) would otherwise grant direct access qualified status to the applicant under this
537
section.
538
(b) The office may conditionally grant direct access qualified status to an applicant, for a
539
maximum of one year after the day on which the office sends written notice, without
540
requiring that the applicant be directly supervised if the office:
- 16 - 12-20 16:50 S.B. 41
541
(i) is awaiting the results of an out-of-state registry for providers other than foster and
542
adoptive parents; and
543
(ii) would otherwise grant direct access qualified status to the applicant under this
544
section.
545
(c) Upon receiving the results of the criminal history search of a national criminal
546
background database, the office shall grant or deny direct access qualified status to
547
the applicant in accordance with this section.
548
(10)(a) Each time an applicant is associated with a licensee, the department shall review
549
the current status of the applicant's background check to ensure the applicant is still
550
eligible for direct access qualified status in accordance with this section.
551
(b) A licensee may not permit an individual to have direct access to a child or a
552
vulnerable adult without being directly supervised unless:
553
(i) the individual is the parent or guardian of the child, or the guardian of the
554
vulnerable adult;
555
(ii) the individual is approved by the parent or guardian of the child, or the guardian
556
of the vulnerable adult, to have direct access to the child or the vulnerable adult;
557
(iii) the individual is only permitted to have direct access to a vulnerable adult who
558
voluntarily invites the individual to visit; or
559
(iv) the individual only provides incidental care for a foster child on behalf of a foster
560
parent who has used reasonable and prudent judgment to select the individual to
561
provide the incidental care for the foster child.
562
(c) Notwithstanding any other provision of this section, an applicant who is denied direct
563
access qualified status shall not have direct access to a child or vulnerable adult
564
unless the office grants direct access qualified status to the applicant through a
565
subsequent application in accordance with this section.
566
(11) If the office denies direct access qualified status to an applicant, the applicant may
567
request a hearing in the department's Office of Administrative Hearings to challenge the
568
office's decision.
569
(12)(a) This Subsection (12) applies to an applicant associated with a certification,
570
contract, or licensee serving adults only.
571
(b) A program director or a member, as defined in Section 26B-2-105, of the licensee
572
shall comply with this section.
573
(c) The office shall conduct a comprehensive review for an applicant if:
574
(i) the applicant is seeking a position:
- 17 - S.B. 41 12-20 16:50
575
(A) as a peer support provider;
576
(B) as a mental health professional; or
577
(C) in a program that serves only adults with a primary mental health diagnosis,
578
with or without a co-occurring substance use disorder; and
579
(ii) within three years from the date on which the office conducts the background
580
check, the applicant has a felony or misdemeanor charge or conviction or a
581
non-criminal finding.
582
(13)(a) This Subsection (13) applies to an applicant seeking a position in a congregate
583
care program, an applicant seeking to provide a prospective foster home, an applicant
584
seeking to provide a prospective adoptive home, and each adult living in the home of
585
the prospective foster or prospective adoptive home.
586
(b) As federally required, the office shall:
587
(i) check the child abuse and neglect registry in each state where each applicant
588
resided in the five years immediately preceding the day on which the applicant
589
applied to be a foster or adoptive parent, to determine whether the prospective
590
foster or adoptive parent is listed in the registry as having a substantiated or
591
supported finding of child abuse or neglect; and
592
(ii) except for applicants seeking a position in a congregate care program, check the
593
child abuse and neglect registry in each state where each adult living in the home
594
of the prospective foster or adoptive home resided in the five years immediately
595
preceding the day on which the applicant applied to be a foster or adoptive parent,
596
to determine whether the adult is listed in the registry as having a substantiated or
597
supported finding of child abuse or neglect.
598
(c) The requirements described in Subsection (13)(b) do not apply to the extent that:
599
(i) federal law or rule permits otherwise; or
600
(ii) the requirements would prohibit the Division of Child and Family Services or a
601
court from placing a child with:
602
(A) a noncustodial parent under Section 80-2a-301, 80-3-302, or 80-3-303; or
603
(B) a relative, other than a noncustodial parent, under Section 80-2a-301, 80-3-302,
603a
604
or 80-3-303, pending completion of the background check described in
605
Subsections (5), (6), and (7).
606
(d) Notwithstanding Subsections (5) through (10), the office shall deny direct access
607
qualified status if the applicant has been convicted of:
- 18 - 12-20 16:50 S.B. 41
608
(i) a felony involving conduct that constitutes any of the following:
609
(A) child abuse, as described in Sections 76-5-109, 76-5-109.2, and 76-5-109.3;
610
(B) commission of domestic violence in the presence of a child, as described in
611
Section 76-5-114;
612
(C) abuse or neglect of a child with a disability, as described in Section 76-5-110;
613
(D) intentional aggravated abuse of a vulnerable adult, as described in Section
614
76-5-111;
615
(E) endangerment of a child or vulnerable adult, as described in Section
616
76-5-112.5;
617
(F) aggravated murder, as described in Section 76-5-202;
618
(G) murder, as described in Section 76-5-203;
619
(H) manslaughter, as described in Section 76-5-205;
620
(I) child abuse homicide, as described in Section 76-5-208;
621
(J) homicide by assault, as described in Section 76-5-209;
622
(K) kidnapping, as described in Section 76-5-301;
623
(L) child kidnapping, as described in Section 76-5-301.1;
624
(M) aggravated kidnapping, as described in Section 76-5-302;
625
(N) human trafficking of a child, as described in Section 76-5-308.5;
626
(O) an offense described in Title 76, Chapter 5, Part 4, Sexual Offenses;
627
(P) sexual exploitation of a minor, as described in Title 76, Chapter 5b, Sexual
628
Exploitation Act;
629
(Q) aggravated exploitation of a minor, as described in Section 76-5b-201.1;
630
(R) aggravated arson, as described in Section 76-6-103;
631
(S) aggravated burglary, as described in Section 76-6-203;
632
(T) aggravated robbery, as described in Section 76-6-302;
633
(U) lewdness involving a child, as described in Section 76-9-702.5;
634
(V) incest, as described in Section 76-7-102; or
635
(W) domestic violence, as described in Section 77-36-1; or
636
(ii) an offense committed outside the state that, if committed in the state, would
637
constitute a violation of an offense described in Subsection (13)(d)(i).
638
(e) Notwithstanding Subsections (5) through (10), the office shall deny direct access
639
qualified status to an applicant if, within the five years from the date on which the
640
office conducts the background check, the applicant was convicted of a felony
641
involving conduct that constitutes a violation of any of the following:
- 19 - S.B. 41 12-20 16:50
642
(i) aggravated assault, as described in Section 76-5-103;
643
(ii) aggravated assault by a prisoner, as described in Section 76-5-103.5;
644
(iii) mayhem, as described in Section 76-5-105;
645
(iv) an offense described in Title 58, Chapter 37, Utah Controlled Substances Act;
646
(v) an offense described in Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
647
(vi) an offense described in Title 58, Chapter 37b, Imitation Controlled Substances
648
Act;
649
(vii) an offense described in Title 58, Chapter 37c, Utah Controlled Substance
650
Precursor Act; or
651
(viii) an offense described in Title 58, Chapter 37d, Clandestine Drug Lab Act.
652
(f) In addition to the circumstances described in Subsection (6), the office shall conduct
653
a comprehensive review of an applicant's background check under this section if the
654
applicant:
655
(i) has an offense described in Subsection (5)(a);
656
(ii) has an infraction conviction entered on a date that is no more than three years
657
before the date on which the office conducts the background check;
658
(iii) has a listing in the Division of Child and Family Services' Licensing Information
659
System described in Section 80-2-1002;
660
(iv) has a listing in the Division of Aging and Adult Services' vulnerable adult,
661
neglect, or exploitation database described in Section 26B-2-210;
662
(v) has a substantiated finding of severe child abuse or neglect under Section
663
80-3-404 or 80-3-504; or
664
(vi) has a listing on the registry check described in Subsection (13)(b) as having a
665
substantiated or supported finding of a severe type of child abuse or neglect, as
666
defined in Section 80-1-102.
667
(14) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
668
office may make rules, consistent with this part, to:
669
(a) establish procedures for, and information to be examined in, the comprehensive
670
review described in Subsections (6), (7), and (13); and
671
(b) determine whether to consider an offense or incident that occurred while an
672
individual was in the custody of the Division of Child and Family Services or the
673
Division of Juvenile Justice and Youth Services for purposes of granting or denying
674
direct access qualified status to an applicant.
675
Section 4. Section 41-3-205.5 is amended to read:
- 20 - 12-20 16:50 S.B. 41
676
41-3-205.5 (Effective 05/07/25). Licenses -- Criminal background check
677
required on salesperson's licenses -- Payment of cost.
678
(1)(a) Every applicant for a salesperson's license shall submit fingerprints with a
679
completed application to the division.
680
(b) [A person ] An individual required to renew a salesperson license on or before June
681
30, 2010, shall submit fingerprints to the division on or before November 30, 2010.
682
(2) The division shall submit fingerprints for each applicant described in Subsection (1) to
683
the Bureau of Criminal Identification established in Section 53-10-201.
684
(3) The Bureau of Criminal Identification shall:
685
(a) check the information submitted by the division for an applicant under Subsection (2)
686
against the applicable state and regional criminal records databases; and
687
(b) release to the division all information obtained under Subsection (3)(a) relating to the
688
applicant.
689
(4)(a) The Bureau of Criminal Identification shall maintain a separate file of
690
fingerprints submitted under Subsection (2) and notify the division when a new entry
691
is made in the applicable state and regional database against [a person] an individual
692
whose fingerprints are held in the file regarding any matter involving an arrest under
693
state law involving:
694
(i) motor vehicles;
695
(ii) controlled substances;
696
(iii) fraud; or
697
[(iv) a registerable sex offense under Section 77-41-106.]
698
(iv) an offense that would result in the individual being a sex offender under
699
Subsection 53-29-202(2)(b) and required to register for the individual's lifetime
700
under Subsection 53-29-203(1)(b).
701
(b) Upon request by the division, the Bureau of Criminal Identification shall inform the
702
division whether a person whose arrest was reported to the division under Subsection
703
(4)(a) was subsequently convicted of the charge for which the person was arrested.
704
(5) In addition to any fees imposed under this chapter, the division shall:
705
(a) impose on individuals submitting fingerprints in accordance with this section the fees
706
that the Bureau of Criminal Identification is authorized to collect for the services the
707
Bureau of Criminal Identification provides under Subsections (3) and (4); and
708
(b) remit the fees collected under Subsection (5)(a) to the Bureau of Criminal
709
Identification.
- 21 - S.B. 41 12-20 16:50
710
(6) The division shall use information received from the Bureau of Criminal Identification
711
under this section to determine whether a license should be denied, suspended, or
712
revoked under Section 41-3-209.
713
Section 5. Section 41-3-209 is amended to read:
714
41-3-209 (Effective 05/07/25). Administrator's findings -- Suspension and
715
revocation of license.
716
(1) If the administrator finds that an applicant is not qualified to receive a license, a license
717
may not be granted.
718
(2)(a) If the administrator finds that there is reasonable cause to deny, suspend, or
719
revoke a license issued under this chapter, the administrator shall deny, suspend, or
720
revoke the license.
721
(b) Reasonable cause for denial, suspension, or revocation of a license includes, in
722
relation to the applicant or license holder or any of the applicant or license holder's
723
partners, officers, or directors:
724
(i) lack of a principal place of business or authorized service center as required by
725
this chapter;
726
(ii) lack of a sales tax license required under Title 59, Chapter 12, Sales and Use Tax
727
Act;
728
(iii) lack of a bond in effect as required by this chapter;
729
(iv) current revocation or suspension of a dealer, dismantler, auction, or salesperson
730
license issued in another state;
731
(v) nonpayment of required fees;
732
(vi) making a false statement on any application for a license under this chapter or for
733
a special license plate;
734
(vii) a violation of any state or federal law involving motor vehicles;
735
(viii) a violation of any state or federal law involving controlled substances;
736
(ix) charges filed with any county attorney, district attorney, or U.S. attorney in any
737
court of competent jurisdiction for a violation of any state or federal law involving
738
motor vehicles;
739
(x) a violation of any state or federal law involving fraud;
740
(xi) a violation of any state or federal law involving [a registerable sex offense under
741
Section 77-41-106] an offense that would result in the individual being a sex
742
offender under Subsection 53-29-202(2)(b) and required to register for the
743
individual's lifetime under Subsection 53-29-203(1)(b);
- 22 - 12-20 16:50 S.B. 41
744
(xii) having had a license issued under this chapter revoked within five years from
745
the date of application; or
746
(xiii) failure to comply with any applicable qualification or requirement imposed
747
under this chapter.
748
(c) Any action taken by the administrator under Subsection (2)(b)(ix) shall remain in
749
effect until a final resolution is reached by the court involved or the charges are
750
dropped.
751
(3) If the administrator finds that an applicant is not qualified to receive a license under this
752
section, the administrator shall provide the applicant written notice of the reason for the
753
denial.
754
(4) If the administrator finds that the license holder has been convicted by a court of
755
competent jurisdiction of violating any of the provisions of this chapter or any rules
756
made by the administrator, or finds other reasonable cause, the administrator may, by
757
complying with the emergency procedures of Title 63G, Chapter 4, Administrative
758
Procedures Act:
759
(a) suspend the license on terms and for a period of time the administrator finds
760
reasonable; or
761
(b) revoke the license.
762
(5)(a) After suspending or revoking a license, the administrator may take reasonable
763
action to:
764
(i) notify the public that the licensee is no longer in business; and
765
(ii) prevent the former licensee from violating the law by conducting business
766
without a license.
767
(b) Action under Subsection (5)(a) may include signs, banners, barriers, locks, bulletins,
768
and notices.
769
(c) Any business being conducted incidental to the business for which the former
770
licensee was licensed may continue to operate subject to the preventive action taken
771
under this subsection.
772
Section 6. Section 42-1-1 is amended to read:
773
42-1-1 (Effective 05/07/25). By petition to district court -- Contents.
774
(1) Any natural person, desiring to change the natural person's name, may file a petition in
775
the district court of the county where the natural person resides, setting forth:
776
(a) the cause for which the change of name is sought;
777
(b) the name proposed; and
- 23 - S.B. 41 12-20 16:50
778
(c) that the natural person has been a bona fide resident of the county for the year
779
immediately prior to the filing of the petition.
780
(2)(a) A natural person petitioning for a name change under this section shall indicate
781
on the petition whether the individual is [registered with the state's Sex and Kidnap
782
Offender Registry] required to register under Title 53, Chapter 29, Sex, Kidnap, and
783
Child Abuse Offender Registry.
784
(b) The court may request additional information from a natural person who is [
785
registered with the state's Sex and Kidnap Offender Registry] required to register
786
under Title 53, Chapter 29, Sex, Kidnap, and Child Abuse Offender Registry, to
787
make the determination described in Subsection [77-41-105(8)] 53-29-303(3).
788
(3) The provisions of Title 76, Chapter 8, Part 5, Falsification in Official Matters, apply to
789
this section when applicable.
790
Section 7. Section 53-3-205 is amended to read:
791
53-3-205 (Effective 05/07/25). Application for license or endorsement -- Fee
792
required -- Tests -- Expiration dates of licenses and endorsements -- Information
793
required -- Previous licenses surrendered -- Driving record transferred from other states
794
-- Reinstatement -- Fee required -- License agreement.
795
(1) An application for an original license, provisional license, or endorsement shall be:
796
(a) made upon a form furnished by the division; and
797
(b) accompanied by a nonrefundable fee set under Section 53-3-105.
798
(2) An application and fee for an original provisional class D license or an original class D
799
license entitle the applicant to:
800
(a) not more than three attempts to pass both the knowledge and the skills tests for a
801
class D license within six months after the date of the application;
802
(b) a learner permit if needed pending completion of the application and testing process;
803
and
804
(c) an original class D license and license certificate after all tests are passed and
805
requirements are completed.
806
(3) An application and fee for a motorcycle or taxicab endorsement entitle the applicant to:
807
(a) not more than three attempts to pass both the knowledge and skills tests within six
808
months after the date of the application;
809
(b) a motorcycle learner permit after the motorcycle knowledge test is passed; and
810
(c) a motorcycle or taxicab endorsement when all tests are passed.
811
(4) An application for a commercial class A, B, or C license entitles the applicant to:
- 24 - 12-20 16:50 S.B. 41
812
(a) not more than two attempts to pass a knowledge test when accompanied by the fee
813
provided in Subsection 53-3-105(18);
814
(b) not more than two attempts to pass a skills test when accompanied by a fee in
815
Subsection 53-3-105(19) within six months after the date of application;
816
(c) both a commercial driver instruction permit and a temporary license permit for the
817
license class held before the applicant submits the application if needed after the
818
knowledge test is passed; and
819
(d) an original commercial class A, B, or C license and license certificate when all
820
applicable tests are passed.
821
(5) An application and fee for a CDL endorsement entitle the applicant to:
822
(a) not more than two attempts to pass a knowledge test and not more than two attempts
823
to pass a skills test within six months after the date of the application; and
824
(b) a CDL endorsement when all tests are passed.
825
(6)(a) If a CDL applicant does not pass a knowledge test, skills test, or an endorsement
826
test within the number of attempts provided in Subsection (4) or (5), each test may be
827
taken two additional times within the six months for the fee provided in Section
828
53-3-105.
829
(b)(i) An out-of-state resident who holds a valid CDIP issued by a state or
830
jurisdiction that is compliant with 49 C.F.R. Part 383 may take a skills test
831
administered by the division if the out-of-state resident pays the fee provided in
832
Subsection 53-3-105(19).
833
(ii) The division shall:
834
(A) electronically transmit skills test results for an out-of-state resident to the
835
licensing agency in the state or jurisdiction in which the out-of-state resident
836
has obtained a valid CDIP; and
837
(B) provide the out-of-state resident with documentary evidence upon successful
838
completion of the skills test.
839
(7)(a)(i) Except as provided under Subsections (7)(a)(ii), (f), and (g), an original
840
class D license expires on the birth date of the applicant in the eighth year after the
841
year the license certificate was issued.
842
(ii) An original provisional class D license expires on the birth date of the applicant
843
in the fifth year following the year the license certificate was issued.
844
(iii) Except as provided in Subsection (7)(f), a limited term class D license expires on
845
the birth date of the applicant in the fifth year the license certificate was issued.
- 25 - S.B. 41 12-20 16:50
846
(b) Except as provided under Subsections (7)(f) and (g), a renewal or an extension to a
847
license expires on the birth date of the licensee in the eighth year after the expiration
848
date of the license certificate renewed or extended.
849
(c) Except as provided under Subsections (7)(f) and (g), a duplicate license expires on
850
the same date as the last license certificate issued.
851
(d) An endorsement to a license expires on the same date as the license certificate
852
regardless of the date the endorsement was granted.
853
(e)(i) A regular license certificate and an endorsement to the regular license
854
certificate held by an individual described in Subsection (7)(e)(ii), that expires
855
during the time period the individual is stationed outside of the state, is valid until
856
90 days after the individual's orders are terminated, the individual is discharged, or
857
the individual's assignment is changed or terminated, unless:
858
(A) the license is suspended, disqualified, denied, or has been cancelled or
859
revoked by the division; or
860
(B) the licensee updates the information or photograph on the license certificate.
861
(ii) The provisions in Subsection (7)(e)(i) apply to an individual:
862
(A) ordered to active duty and stationed outside of Utah in any of the armed forces
863
of the United States;
864
(B) who is an immediate family member or dependent of an individual described
865
in Subsection (7)(e)(ii)(A) and is residing outside of Utah;
866
(C) who is a civilian employee of the United States State Department or United
867
States Department of Defense and is stationed outside of the United States; or
868
(D) who is an immediate family member or dependent of an individual described
869
in Subsection (7)(e)(ii)(C) and is residing outside of the United States.
870
(f)(i) Except as provided in Subsection (7)(f)(ii), a limited-term license certificate or
871
a renewal to a limited-term license certificate expires:
872
(A) on the expiration date of the period of time of the individual's authorized stay
873
in the United States or on the date provided under this Subsection (7),
874
whichever is sooner; or
875
(B) on the date of issuance in the first year following the year that the limited-term
876
license certificate was issued if there is no definite end to the individual's
877
period of authorized stay.
878
(ii) A limited-term license certificate or a renewal to a limited-term license certificate
879
issued to an approved asylee or a refugee expires on the birth date of the applicant
- 26 - 12-20 16:50 S.B. 41
880
in the fifth year following the year that the limited-term license certificate was
881
issued.
882
(g) A driving privilege card issued or renewed under Section 53-3-207 expires on the
883
birth date of the applicant in the first year following the year that the driving privilege
884
card was issued or renewed.
885
(8)(a) In addition to the information required by Title 63G, Chapter 4, Administrative
886
Procedures Act, for requests for agency action, an applicant shall:
887
(i) provide:
888
(A) the applicant's full legal name;
889
(B) the applicant's birth date;
890
(C) the applicant's sex;
891
(D)(I) documentary evidence of the applicant's valid social security number;
892
(II) written proof that the applicant is ineligible to receive a social security
893
number;
894
(III) the applicant's temporary identification number (ITIN) issued by the
895
Internal Revenue Service for an individual who:
896
(Aa) does not qualify for a social security number; and
897
(Bb) is applying for a driving privilege card; or
898
(IV) other documentary evidence approved by the division;
899
(E) the applicant's Utah residence address as documented by a form or forms
900
acceptable under rules made by the division under Section 53-3-104, unless the
901
application is for a temporary CDL issued under Subsection 53-3-407(2)(b);
902
and
903
(F) fingerprints, or a fingerprint confirmation form described in Subsection
904
53-3-205.5(1)(a)(ii), and a photograph in accordance with Section 53-3-205.5
905
if the applicant is applying for a driving privilege card;
906
(ii) provide evidence of the applicant's lawful presence in the United States by
907
providing documentary evidence:
908
(A) that the applicant is:
909
(I) a United States citizen;
910
(II) a United States national; or
911
(III) a legal permanent resident alien; or
912
(B) of the applicant's:
913
(I) unexpired immigrant or nonimmigrant visa status for admission into the
- 27 - S.B. 41 12-20 16:50
914
United States;
915
(II) pending or approved application for asylum in the United States;
916
(III) admission into the United States as a refugee;
917
(IV) pending or approved application for temporary protected status in the
918
United States;
919
(V) approved deferred action status;
920
(VI) pending application for adjustment of status to legal permanent resident or
921
conditional resident; or
922
(VII) conditional permanent resident alien status;
923
(iii) provide a description of the applicant;
924
(iv) state whether the applicant has previously been licensed to drive a motor vehicle
925
and, if so, when and by what state or country;
926
(v) state whether the applicant has ever had a license suspended, cancelled, revoked,
927
disqualified, or denied in the last 10 years, or whether the applicant has ever had a
928
license application refused, and if so, the date of and reason for the suspension,
929
cancellation, revocation, disqualification, denial, or refusal;
930
(vi) state whether the applicant intends to make an anatomical gift under Title 26B,
931
Chapter 8, Part 3, Revised Uniform Anatomical Gift Act, in compliance with
932
Subsection (15);
933
(vii) state whether the applicant is required to register as a sex offender, kidnap
934
offender, or child abuse offender, in accordance with [Title 77, Chapter 41, Sex,
935
Kidnap, and Child Abuse Offender Registry] Title 53, Chapter 29, Sex, Kidnap,
936
and Child Abuse Offender Registry;
937
(viii) state whether the applicant is a veteran of the United States military, provide
938
verification that the applicant was granted an honorable or general discharge from
939
the United States Armed Forces, and state whether the applicant does or does not
940
authorize sharing the information with the Department of Veterans and Military
941
Affairs;
942
(ix) provide all other information the division requires; and
943
(x) sign the application which signature may include an electronic signature as
944
defined in Section 46-4-102.
945
(b) Unless the applicant provides acceptable verification of homelessness as described in
946
rules made by the division, an applicant shall have a Utah residence address, unless
947
the application is for a temporary CDL issued under Subsection 53-3-407(2)(b).
- 28 - 12-20 16:50 S.B. 41
948
(c) An applicant shall provide evidence of lawful presence in the United States in
949
accordance with Subsection (8)(a)(ii), unless the application is for a driving privilege
950
card.
951
(d) The division shall maintain on the division's computerized records an applicant's:
952
(i)(A) social security number;
953
(B) temporary identification number (ITIN); or
954
(C) other number assigned by the division if Subsection (8)(a)(i)(D)(IV) applies;
955
and
956
(ii) indication whether the applicant is required to register as a sex offender, kidnap
957
offender, or child abuse offender in accordance with [Title 77, Chapter 41, Sex,
958
Kidnap, and Child Abuse Offender Registry] Title 53, Chapter 29, Sex, Kidnap,
959
and Child Abuse Offender Registry.
960
(9) The division shall require proof of an applicant's name, birth date, and birthplace by at
961
least one of the following means:
962
(a) current license certificate;
963
(b) birth certificate;
964
(c) Selective Service registration; or
965
(d) other proof, including church records, family Bible notations, school records, or
966
other evidence considered acceptable by the division.
967
(10)(a) Except as provided in Subsection (10)(c), if an applicant receives a license in a
968
higher class than what the applicant originally was issued:
969
(i) the license application is treated as an original application; and
970
(ii) license and endorsement fees is assessed under Section 53-3-105.
971
(b) An applicant that receives a downgraded license in a lower license class during an
972
existing license cycle that has not expired:
973
(i) may be issued a duplicate license with a lower license classification for the
974
remainder of the existing license cycle; and
975
(ii) shall be assessed a duplicate license fee under Subsection 53-3-105(25) if a
976
duplicate license is issued under Subsection (10)(b)(i).
977
(c) An applicant who has received a downgraded license in a lower license class under
978
Subsection (10)(b):
979
(i) may, when eligible, receive a duplicate license in the highest class previously
980
issued during a license cycle that has not expired for the remainder of the existing
981
license cycle; and
- 29 - S.B. 41 12-20 16:50
982
(ii) shall be assessed a duplicate license fee under Subsection 53-3-105(25) if a
983
duplicate license is issued under Subsection (10)(c)(i).
984
(11)(a) When an application is received from an applicant previously licensed in
985
another state to drive a motor vehicle, the division shall request a copy of the driver's
986
record from the other state.
987
(b) When received, the driver's record becomes part of the driver's record in this state
988
with the same effect as though entered originally on the driver's record in this state.
989
(12) An application for reinstatement of a license after the suspension, cancellation,
990
disqualification, denial, or revocation of a previous license is accompanied by the
991
additional fee or fees specified in Section 53-3-105.
992
(13) An individual who has an appointment with the division for testing and fails to keep
993
the appointment or to cancel at least 48 hours in advance of the appointment shall pay
994
the fee under Section 53-3-105.
995
(14) An applicant who applies for an original license or renewal of a license agrees that the
996
individual's license is subject to a suspension or revocation authorized under this title or
997
Title 41, Motor Vehicles.
998
(15)(a) A licensee shall authenticate the indication of intent under Subsection (8)(a)(vi)
999
in accordance with division rule.
1000
(b)(i) Notwithstanding Title 63G, Chapter 2, Government Records Access and
1001
Management Act, the division may, upon request, release to an organ procurement
1002
organization, as defined in Section 26B-8-301, the names and addresses of all
1003
applicants who, under Subsection (8)(a)(vi), indicate that they intend to make an
1004
anatomical gift.
1005
(ii) An organ procurement organization may use released information only to:
1006
(A) obtain additional information for an anatomical gift registry; and
1007
(B) inform licensees of anatomical gift options, procedures, and benefits.
1008
(16) Notwithstanding Title 63G, Chapter 2, Government Records Access and Management
1009
Act, the division may release to the Department of Veterans and Military Affairs the
1010
names and addresses of all applicants who indicate their status as a veteran under
1011
Subsection (8)(a)(viii).
1012
(17) Notwithstanding Title 63G, Chapter 2, Government Records Access and Management
1013
Act, the division shall, upon request, release to the Sex, Kidnap, and Child Abuse
1014
Offender Registry office in the Department of Public Safety, the names and addresses of
1015
all applicants who, under Subsection (8)(a)(vii), indicate they are required to register as
- 30 - 12-20 16:50 S.B. 41
1016
a sex offender, kidnap offender, or child abuse offender in accordance with [Title 77,
1017
Chapter 41, Sex, Kidnap, and Child Abuse Offender Registry] Title 53, Chapter 29, Sex,
1018
Kidnap, and Child Abuse Offender Registry.
1019
(18) The division and its employees are not liable, as a result of false or inaccurate
1020
information provided under Subsection (8)(a)(vi) or (viii), for direct or indirect:
1021
(a) loss;
1022
(b) detriment; or
1023
(c) injury.
1024
(19) An applicant who knowingly fails to provide the information required under
1025
Subsection (8)(a)(vii) is guilty of a class A misdemeanor.
1026
(20) A person may not hold both an unexpired Utah license certificate and an unexpired
1027
identification card.
1028
(21)(a) An applicant who applies for an original motorcycle endorsement to a regular
1029
license certificate is exempt from the requirement to pass the knowledge and skills
1030
test to be eligible for the motorcycle endorsement if the applicant:
1031
(i) is a resident of the state of Utah;
1032
(ii)(A) is ordered to active duty and stationed outside of Utah in any of the armed
1033
forces of the United States; or
1034
(B) is an immediate family member or dependent of an individual described in
1035
Subsection (21)(a)(ii)(A) and is residing outside of Utah;
1036
(iii) has a digitized driver license photo on file with the division;
1037
(iv) provides proof to the division of the successful completion of a certified
1038
Motorcycle Safety Foundation rider training course; and
1039
(v) provides the necessary information and documentary evidence required under
1040
Subsection (8).
1041
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1042
division shall make rules:
1043
(i) establishing the procedures for an individual to obtain a motorcycle endorsement
1044
under this Subsection (21); and
1045
(ii) identifying the applicable restrictions for a motorcycle endorsement issued under
1046
this Subsection (21).
1047
Section 8. Section 53-3-216 is amended to read:
1048
53-3-216 (Effective 05/07/25). Change of address -- Duty of licensee to notify
1049
division within 10 days -- Change of name -- Proof necessary -- Method of giving notice
- 31 - S.B. 41 12-20 16:50
1050
by division.
1051
(1)(a) Except as provided in Subsection (1)(b), if an individual, after applying for or
1052
receiving a license, moves from the address named in the application or in the license
1053
certificate issued to the individual, the individual shall, within 10 days after the day
1054
on which the individual moves, notify the division in a manner specified by the
1055
division of the individual's new address and the number of any license certificate held
1056
by the individual.
1057
(b) If an individual who is required to register as a sex offender, kidnap offender, or
1058
child abuse offender under [Title 77, Chapter 41, Sex, Kidnap, and Child Abuse
1059
Offender Registry] Title 53, Chapter 29, Sex, Kidnap, and Child Abuse Offender
1060
Registry, after applying for or receiving a license, moves from the address named in
1061
the application or in the license certificate issued to the individual, the individual
1062
shall, within 30 days after the day on which the individual moves, apply for an
1063
updated license in-person at a division office.
1064
(2) If an applicant requests to change the surname on the applicant's license, the division
1065
shall issue a substitute license with the new name upon receiving an application and fee
1066
for a duplicate license and any of the following proofs of the applicant's full legal name:
1067
(a) an original or certified copy of the applicant's marriage certificate;
1068
(b) a certified copy of a court order under Title 42, Chapter 1, Change of Name, showing
1069
the name change;
1070
(c) an original or certified copy of a birth certificate issued by a government agency;
1071
(d) a certified copy of a divorce decree or annulment granted the applicant that specifies
1072
the name change requested; or
1073
(e) a certified copy of a divorce decree that does not specify the name change requested
1074
together with:
1075
(i) an original or certified copy of the applicant's birth certificate;
1076
(ii) the applicant's marriage license;
1077
(iii) a driver license record showing use of a maiden name; or
1078
(iv) other documentation the division finds acceptable.
1079
(3)(a) If the division is authorized or required to give a notice under this chapter or
1080
other law regulating the operation of vehicles, the notice shall, unless otherwise
1081
prescribed, be given by:
1082
(i) personal delivery to the individual to be notified; or
1083
(ii) deposit in the United States mail with postage prepaid, addressed to the individual
- 32 - 12-20 16:50 S.B. 41
1084
at the individual's address as shown by the records of the division.
1085
(b) The giving of notice by mail is complete upon the expiration of four days after the
1086
deposit of the notice.
1087
(c) Proof of the giving of notice in either manner may be made by the certificate of an
1088
officer or employee of the division or affidavit of an individual 18 years [of age] old
1089
or older, naming the individual to whom the notice was given and specifying the
1090
time, place, and manner of giving the notice.
1091
(4) The division may use state mailing or United States Postal Service information to:
1092
(a) verify an address on an application or on records of the division; and
1093
(b) correct mailing addresses in the division's records.
1094
(5) A violation of the provisions of Subsection (1) is an infraction.
1095
Section 9. Section 53-3-804 is amended to read:
1096
53-3-804 (Effective 05/07/25). Application for identification card -- Required
1097
information -- Release of anatomical gift information -- Cancellation of identification
1098
card.
1099
(1) To apply for a regular identification card or limited-term identification card, an
1100
applicant shall:
1101
(a) be a Utah resident;
1102
(b) have a Utah residence address; and
1103
(c) appear in person at any license examining station.
1104
(2) An applicant shall provide the following information to the division:
1105
(a) true and full legal name and Utah residence address;
1106
(b) date of birth as set forth in a certified copy of the applicant's birth certificate, or other
1107
satisfactory evidence of birth, which shall be attached to the application;
1108
(c)(i) social security number; or
1109
(ii) written proof that the applicant is ineligible to receive a social security number;
1110
(d) place of birth;
1111
(e) height and weight;
1112
(f) color of eyes and hair;
1113
(g) signature;
1114
(h) photograph;
1115
(i) evidence of the applicant's lawful presence in the United States by providing
1116
documentary evidence:
1117
(i) that the applicant is:
- 33 - S.B. 41 12-20 16:50
1118
(A) a United States citizen;
1119
(B) a United States national; or
1120
(C) a legal permanent resident alien; or
1121
(ii) of the applicant's:
1122
(A) unexpired immigrant or nonimmigrant visa status for admission into the
1123
United States;
1124
(B) pending or approved application for asylum in the United States;
1125
(C) admission into the United States as a refugee;
1126
(D) pending or approved application for temporary protected status in the United
1127
States;
1128
(E) approved deferred action status;
1129
(F) pending application for adjustment of status to legal permanent resident or
1130
conditional resident; or
1131
(G) conditional permanent resident alien status;
1132
(j) an indication whether the applicant intends to make an anatomical gift under Title
1133
26B, Chapter 8, Part 3, Revised Uniform Anatomical Gift Act;
1134
(k) an indication whether the applicant is required to register as a sex offender, kidnap
1135
offender, or child abuse offender in accordance with [Title 77, Chapter 41, Sex,
1136
Kidnap, and Child Abuse Offender Registry] Title 53, Chapter 29, Sex, Kidnap, and
1137
Child Abuse Offender Registry; and
1138
(l) an indication whether the applicant is a veteran of the United States Armed Forces,
1139
verification that the applicant has received an honorable or general discharge from
1140
the United States Armed Forces, and an indication whether the applicant does or does
1141
not authorize sharing the information with the state Department of Veterans and
1142
Military Affairs.
1143
(3)(a) The requirements of Section 53-3-234 apply to this section for each individual,
1144
age 16 and older, applying for an identification card.
1145
(b) Refusal to consent to the release of information under Section 53-3-234 shall result
1146
in the denial of the identification card.
1147
(4) An individual person who knowingly fails to provide the information required under
1148
Subsection (2)(k) is guilty of a class A misdemeanor.
1149
(5)(a) A person may not hold both an unexpired Utah license certificate and an
1150
unexpired identification card.
1151
(b) A person who holds a regular or limited term Utah driver license and chooses to
- 34 - 12-20 16:50 S.B. 41
1152
relinquish the person's driving privilege may apply for an identification card under
1153
this chapter, provided:
1154
(i) the driver:
1155
(A) no longer qualifies for a driver license for failure to meet the requirement in
1156
Section 53-3-304; or
1157
(B) makes a personal decision to permanently discontinue driving;
1158
(ii) the driver:
1159
(A) submits an application to the division on a form approved by the division in
1160
person, through electronic means, or by mail;
1161
(B) affirms their intention to permanently discontinue driving; and
1162
(C) surrenders to the division the driver license certificate; and
1163
(iii) the division possesses a digital photograph of the driver obtained within the
1164
preceding 10 years.
1165
(c)(i) The division shall waive the fee under Section 53-3-105 for an identification
1166
card for an original identification card application under this Subsection (5).
1167
(ii) The fee waiver described in Subsection (5)(c)(i) does not apply to a person whose
1168
driving privilege is suspended or revoked.
1169
(6) Notwithstanding Title 63G, Chapter 2, Government Records Access and Management
1170
Act, the division shall, upon request, release to the Sex, Kidnap, and Child Abuse
1171
Offender Registry office in the Department of Public Safety, the names and addresses of
1172
all applicants who, under Subsection (2)(k), indicate they are required to register as a sex
1173
offender, kidnap offender, or child abuse offender in accordance with [Title 77, Chapter
1174
41, Sex, Kidnap, and Child Abuse Offender Registry] Title 53, Chapter 29, Sex, Kidnap,
1175
and Child Abuse Offender Registry.
1176
Section 10. Section 53-3-806.5 is amended to read:
1177
53-3-806.5 (Effective 05/07/25). Identification card required if offender does not
1178
have driver license.
1179
(1)(a) An individual who does not hold a current driver license in compliance with
1180
Section 53-3-205 and is required to register as a sex offender, kidnap offender, or
1181
child abuse offender in accordance with [Title 77, Chapter 41, Sex, Kidnap, and
1182
Child Abuse Offender Registry] Title 53, Chapter 29, Sex, Kidnap, and Child Abuse
1183
Offender Registry, shall obtain an identification card.
1184
(b) The individual shall maintain a current identification card during the time the
1185
individual is required to register as a sex offender, kidnap offender, or child abuse
- 35 - S.B. 41 12-20 16:50
1186
offender and the individual does not hold a valid driver license.
1187
(2) Failure to maintain a current identification card as required under Subsection (1) is a
1188
class A misdemeanor for each month of violation of Subsection (1).
1189
Section 11. Section 53-3-807 is amended to read:
1190
53-3-807 (Effective 05/07/25). Expiration -- Address and name change --
1191
Extension.
1192
(1)(a) A regular identification card expires on the birth date of the applicant in the fifth
1193
year after the issuance of the regular identification card.
1194
(b) A limited-term identification card expires on:
1195
(i) the expiration date of the period of time of the individual's authorized stay in the
1196
United States or on the birth date of the applicant in the fifth year after the
1197
issuance of the limited-term identification card, whichever is sooner; or
1198
(ii) on the date of issuance in the first year after the year that the limited-term
1199
identification card was issued if there is no definite end to the individual's period
1200
of authorized stay.
1201
(2)(a) Except as provided in Subsection (2)(b), if an individual has applied for and
1202
received an identification card and subsequently moves from the address shown on
1203
the application or on the card, the individual shall, within 10 days after the day on
1204
which the individual moves, notify the division in a manner specified by the division
1205
of the individual's new address.
1206
(b) If an individual who is required to register as a sex offender, kidnap offender, or
1207
child abuse offender under [Title 77, Chapter 41, Sex, Kidnap, and Child Abuse
1208
Offender Registry] Title 53, Chapter 29, Sex, Kidnap, and Child Abuse Offender
1209
Registry, has applied for and received an identification card and subsequently moves
1210
from the address shown on the application or on the card, the individual shall, within
1211
30 days after the day on which the individual moves, apply for an updated
1212
identification card in-person at a division office.
1213
(3) If an individual has applied for and received an identification card and subsequently
1214
changes the individual's name under Title 42, Chapter 1, Change of Name, the
1215
individual:
1216
(a) shall surrender the card to the division; and
1217
(b) may apply for a new card in the individual's new name by:
1218
(i) furnishing proper documentation to the division as provided in Section 53-3-804;
1219
and
- 36 - 12-20 16:50 S.B. 41
1220
(ii) paying the fee required under Section 53-3-105.
1221
(4) A person 21 years old or older with a disability, as defined under the Americans with
1222
Disabilities Act of 1990, Pub. L. 101-336, may extend the expiration date on an
1223
identification card for five years if the person with a disability or an agent of the person
1224
with a disability:
1225
(a) requests that the division send the application form to obtain the extension or
1226
requests an application form in person at the division's offices;
1227
(b) completes the application;
1228
(c) certifies that the extension is for a person 21 years old or older with a disability; and
1229
(d) returns the application to the division together with the identification card fee
1230
required under Section 53-3-105.
1231
(5)(a) The division may extend a valid regular identification card issued after January 1,
1232
2010, for five years at any time within six months before the day on which the
1233
identification card expires.
1234
(b) The application for an extension of a regular identification card is accompanied by a
1235
fee under Section 53-3-105.
1236
(c) The division shall allow extensions:
1237
(i) by mail, electronic means, or other means as determined by the division at the
1238
appropriate extension fee rate under Section 53-3-105; and
1239
(ii) only if the applicant qualifies under this section.
1240
(6)(a) A regular identification card may only be extended once under Subsections (4)
1241
and (5).
1242
(b) After an extension an application for an identification card must be applied for in
1243
person at the division's offices.
1244
Section 12. Section 53-10-214 is amended to read:
1245
53-10-214 (Effective 05/07/25). Reporting requirements.
1246
The bureau shall submit a record received pursuant to Section 53-10-208.1 for all
1247
nonextraditable warrants issued for violent felonies as defined in Section 76-3-203.5 and all
1248
nonextraditable warrants issued for knowingly failing to register under Title 53, Chapter 29,
1249
Sex, Kidnap, and Child Abuse Offender Registry, for a sexual offense pursuant to Section [
1250
77-41-107] 53-29-305 to the National Crime Information Center within 48 hours of receipt,
1251
excluding Saturdays, Sundays, and legal holidays.
1252
Section 13. Section 53-10-403 is amended to read:
1253
53-10-403 (Effective 05/07/25). DNA specimen analysis -- Application to
- 37 - S.B. 41 12-20 16:50
1254
offenders, including minors.
1255
(1) Sections 53-10-403.6, 53-10-404, 53-10-404.5, 53-10-405, and 53-10-406 apply to:
1256
(a) a person who has pled guilty to or has been convicted of any of the offenses under
1257
Subsection (2)(a) or (b) on or after July 1, 2002;
1258
(b) a person who has pled guilty to or has been convicted by any other state or by the
1259
United States government of an offense which if committed in this state would be
1260
punishable as one or more of the offenses listed in Subsection (2)(a) or (b) on or after
1261
July 1, 2003;
1262
(c) a person who has been booked on or after January 1, 2011, through December 31,
1263
2014, for any offense under Subsection (2)(c);
1264
(d) a person who has been booked:
1265
(i) by a law enforcement agency that is obtaining a DNA specimen on or after May
1266
13, 2014, through December 31, 2014, under Subsection 53-10-404(4)(b) for any
1267
felony offense; or
1268
(ii) on or after January 1, 2015, for any felony offense; or
1269
(e) a minor:
1270
(i)(A) who is adjudicated by the juvenile court for an offense described in
1271
Subsection (2) that is within the jurisdiction of the juvenile court on or after
1272
July 1, 2002; or
1273
(B) who is adjudicated by the juvenile court for an offense described in
1274
Subsection (2) and is in the legal custody of the Division of Juvenile Justice
1275
Services for the offense on or after July 1, 2002; and
1276
(ii) who is 14 years old or older at the time of the commission of the offense
1277
described in Subsection (2).
1278
(2) Offenses referred to in Subsection (1) are:
1279
(a) any felony or class A misdemeanor under the Utah Code;
1280
(b) any offense under Subsection (2)(a):
1281
(i) for which the court enters a judgment for conviction to a lower degree of offense
1282
under Section 76-3-402; or
1283
(ii) regarding which the court allows the defendant to enter a plea in abeyance as
1284
defined in Section 77-2a-1; or
1285
(c)(i) any violent felony as defined in Section 53-10-403.5;
1286
(ii) sale or use of body parts, Section 26B-8-315;
1287
(iii) failure to stop at an accident that resulted in death, Section 41-6a-401.5;
- 38 - 12-20 16:50 S.B. 41
1288
(iv) operating a motor vehicle with any amount of a controlled substance in an
1289
individual's body and causing serious bodily injury or death, as codified before
1290
May 4, 2022, Laws of Utah 2021, Chapter 236, Section 1, Subsection 58-37-8
1291
(2)(g);
1292
(v) a felony violation of enticing a minor, Section 76-4-401;
1293
(vi) negligently operating a vehicle resulting in injury, Subsection 76-5-102.1(2)(b);
1294
(vii) a felony violation of propelling a substance or object at a correctional officer, a
1295
peace officer, or an employee or a volunteer, including health care providers,
1296
Section 76-5-102.6;
1297
(viii) automobile homicide, Subsection 76-5-207(2)(b);
1298
(ix) aggravated human trafficking, Section 76-5-310, and aggravated human
1299
smuggling, Section 76-5-310.1;
1300
(x) a felony violation of unlawful sexual activity with a minor, Section 76-5-401;
1301
(xi) a felony violation of sexual abuse of a minor, Section 76-5-401.1;
1302
(xii) unlawful sexual contact with a 16 or 17-year old, Section 76-5-401.2;
1303
(xiii) sale of a child, Section 76-7-203;
1304
(xiv) aggravated escape, Section 76-8-309.3;
1305
(xv) a felony violation of threatened or attempted assault on an elected official,
1306
Section 76-8-313;
1307
(xvi) threat with intent to impede, intimidate, interfere, or retaliate against a judge or
1308
a member of the Board of Pardons and Parole or acting against a family member
1309
of a judge or a member of the Board of Pardons and Parole, Section 76-8-316;
1310
(xvii) assault with intent to impede, intimidate, interfere, or retaliate against a judge
1311
or a member of the Board of Pardons and Parole or acting against a family
1312
member of a judge or a member of the Board of Pardons and Parole, Section
1313
76-8-316.2;
1314
(xviii) aggravated assault with intent to impede, intimidate, interfere, or retaliate
1315
against a judge or a member of the Board of Pardons and Parole or acting against
1316
a family member of a judge or a member of the Board of Pardons and Parole,
1317
Section 76-8-316.4;
1318
(xix) attempted murder with intent to impede, intimidate, interfere, or retaliate
1319
against a judge or a member of the Board of Pardons and Parole or acting against
1320
a family member of a judge or a member of the Board of Pardons and Parole,
1321
Section 76-8-316.6;
- 39 - S.B. 41 12-20 16:50
1322
(xx) advocating criminal syndicalism or sabotage, Section 76-8-902;
1323
(xxi) assembling for advocating criminal syndicalism or sabotage, Section 76-8-903;
1324
(xxii) a felony violation of sexual battery, Section 76-9-702.1;
1325
(xxiii) a felony violation of lewdness involving a child, Section 76-9-702.5;
1326
(xxiv) a felony violation of abuse or desecration of a dead human body, Section
1327
76-9-704;
1328
(xxv) manufacture, possession, sale, or use of a weapon of mass destruction, Section
1329
76-10-402;
1330
(xxvi) manufacture, possession, sale, or use of a hoax weapon of mass destruction,
1331
Section 76-10-403;
1332
(xxvii) possession of a concealed firearm in the commission of a violent felony,
1333
Subsection 76-10-504(4);
1334
(xxviii) assault with the intent to commit bus hijacking with a dangerous weapon,
1335
Subsection 76-10-1504(3);
1336
(xxix) commercial obstruction, Subsection 76-10-2402(2);
1337
(xxx) a felony violation of failure to register as a sex or kidnap offender, Section [
1338
77-41-107] 53-29-305;
1339
(xxxi) repeat violation of a protective order, Subsection 77-36-1.1(4); or
1340
(xxxii) violation of condition for release after arrest under Section 78B-7-802.
1341
Section 14. Section 53-10-404 is amended to read:
1342
53-10-404 (Effective 05/07/25). DNA specimen analysis -- Requirement to obtain
1343
the specimen.
1344
(1) As used in this section, "person" means a person or minor described in Section
1345
53-10-403.
1346
(2)(a) A person under Section 53-10-403 or any person required to register as a sex
1347
offender, kidnap offender, or child abuse offender under [Title 77, Chapter 41, Sex,
1348
Kidnap, and Child Abuse Offender Registry] Title 53, Chapter 29, Sex, Kidnap, and
1349
Child Abuse Offender Registry, shall provide a DNA specimen and shall reimburse
1350
the agency responsible for obtaining the DNA specimen $150 for the cost of
1351
obtaining the DNA specimen unless:
1352
(i) the person was booked under Section 53-10-403 and is not required to reimburse
1353
the agency under Section 53-10-404.5; or
1354
(ii) the agency determines the person lacks the ability to pay.
1355
(b)(i)(A) The responsible agencies shall establish guidelines and procedures for
- 40 - 12-20 16:50 S.B. 41
1356
determining if the person is able to pay the fee.
1357
(B) An agency's implementation of Subsection (2)(b)(i) meets an agency's
1358
obligation to determine an inmate's ability to pay.
1359
(ii) An agency's guidelines and procedures may provide for the assessment of $150
1360
on the inmate's county trust fund account and may allow a negative balance in the
1361
account until the $150 is paid in full.
1362
(3)(a)(i) All fees collected under Subsection (2) shall be deposited into the DNA
1363
Specimen Restricted Account created in Section 53-10-407, except that the
1364
agency collecting the fee may retain not more than $25 per individual specimen
1365
for the costs of obtaining the saliva DNA specimen.
1366
(ii) The agency collecting the $150 fee may not retain from each separate fee more
1367
than $25, and no amount of the $150 fee may be credited to any other fee or
1368
agency obligation.
1369
(b) The responsible agency shall determine the method of collecting the DNA specimen.
1370
Unless the responsible agency determines there are substantial reasons for using a
1371
different method of collection or the person refuses to cooperate with the collection,
1372
the preferred method of collection shall be obtaining a saliva specimen.
1373
(c) The responsible agency may use reasonable force, as established by its guidelines
1374
and procedures, to collect the DNA sample if the person refuses to cooperate with the
1375
collection.
1376
(d) If the judgment places the person on probation, the person shall submit to the
1377
obtaining of a DNA specimen as a condition of the probation.
1378
(e)(i) Under this section a person is required to provide one DNA specimen and pay
1379
the collection fee as required under this section.
1380
(ii) The person shall provide an additional DNA specimen only if the DNA specimen
1381
previously provided is not adequate for analysis.
1382
(iii) The collection fee is not imposed for a second or subsequent DNA specimen
1383
collected under this section.
1384
(f) Any agency that is authorized to obtain a DNA specimen under this part may collect
1385
any outstanding amount of a fee due under this section from any person who owes
1386
any portion of the fee and deposit the amount in the DNA Specimen Restricted
1387
Account created in Section 53-10-407.
1388
(4)(a) The responsible agency shall cause a DNA specimen to be obtained as soon as
1389
possible and transferred to the Department of Public Safety:
- 41 - S.B. 41 12-20 16:50
1390
(i) after a conviction or an adjudication by the juvenile court;
1391
(ii) on and after January 1, 2011, through December 31, 2014, after the booking of a
1392
person for any offense under Subsection 53-10-403(1)(c); and
1393
(iii) on and after January 1, 2015, after the booking of a person for any felony
1394
offense, as provided under Subsection 53-10-403(1)(d)(ii).
1395
(b) On and after May 13, 2014, through December 31, 2014, the responsible agency may
1396
cause a DNA specimen to be obtained and transferred to the Department of Public
1397
Safety after the booking of a person for any felony offense, as provided under
1398
Subsection 53-10-403(1)(d)(i).
1399
(c) If notified by the Department of Public Safety that a DNA specimen is not adequate
1400
for analysis, the agency shall, as soon as possible:
1401
(i) obtain and transmit an additional DNA specimen; or
1402
(ii) request that another agency that has direct access to the person and that is
1403
authorized to collect DNA specimens under this section collect the necessary
1404
second DNA specimen and transmit it to the Department of Public Safety.
1405
(d) Each agency that is responsible for collecting DNA specimens under this section
1406
shall establish:
1407
(i) a tracking procedure to record the handling and transfer of each DNA specimen it
1408
obtains; and
1409
(ii) a procedure to account for the management of all fees it collects under this
1410
section.
1411
(5)(a) The Department of Corrections is the responsible agency whenever the person is
1412
committed to the custody of or is under the supervision of the Department of
1413
Corrections.
1414
(b) If a minor described in Subsection 53-10-403(3) is not committed to the legal
1415
custody of the Division of Juvenile Justice and Youth Services upon an adjudication,
1416
the juvenile court is the responsible agency regarding the collection of a DNA
1417
specimen from the minor.
1418
(c) If a minor described in Subsection 53-10-403(3) is committed to the legal custody of
1419
the Division of Juvenile Justice and Youth Services upon an adjudication, the
1420
Division of Juvenile Justice and Youth Services is the responsible agency regarding
1421
the collection of a DNA specimen from the minor.
1422
(d) The sheriff operating a county jail is the responsible agency regarding the collection
1423
of DNA specimens from persons who:
- 42 - 12-20 16:50 S.B. 41
1424
(i) have pled guilty to or have been convicted of an offense listed under Subsection
1425
53-10-403(2) but who have not been committed to the custody of or are not under
1426
the supervision of the Department of Corrections;
1427
(ii) are incarcerated in the county jail:
1428
(A) as a condition of probation for a felony offense; or
1429
(B) for a misdemeanor offense for which collection of a DNA specimen is
1430
required;
1431
(iii) on and after January 1, 2011, through May 12, 2014, are booked at the county
1432
jail for any offense under Subsection 53-10-403(1)(c); and
1433
(iv) are booked at the county jail:
1434
(A) by a law enforcement agency that is obtaining a DNA specimen for any felony
1435
offense on or after May 13, 2014, through December 31, 2014, under
1436
Subsection 53-10-404(4)(b); or
1437
(B) on or after January 1, 2015, for any felony offense.
1438
(e) Each agency required to collect a DNA specimen under this section shall:
1439
(i) designate employees to obtain the saliva DNA specimens required under this
1440
section; and
1441
(ii) ensure that employees designated to collect the DNA specimens receive
1442
appropriate training and that the specimens are obtained in accordance with
1443
generally accepted protocol.
1444
(6)(a) As used in this Subsection (6), "department" means the Department of
1445
Corrections.
1446
(b) Priority of obtaining DNA specimens by the department is:
1447
(i) first, to obtain DNA specimens of persons who as of July 1, 2002, are in the
1448
custody of or under the supervision of the department before these persons are
1449
released from incarceration, parole, or probation, if their release date is prior to
1450
that of persons under Subsection (6)(b)(ii), but in no case later than July 1, 2004;
1451
and
1452
(ii) second, the department shall obtain DNA specimens from persons who are
1453
committed to the custody of the department or who are placed under the
1454
supervision of the department after July 1, 2002, within 120 days after the
1455
commitment, if possible, but not later than prior to release from incarceration if
1456
the person is imprisoned, or prior to the termination of probation if the person is
1457
placed on probation.
- 43 - S.B. 41 12-20 16:50
1458
(c) The priority for obtaining DNA specimens from persons under Subsection (6)(b)(ii)
1459
is:
1460
(i) first, persons on probation;
1461
(ii) second, persons on parole; and
1462
(iii) third, incarcerated persons.
1463
(d) Implementation of the schedule of priority under Subsection (6)(c) is subject to the
1464
priority of Subsection (6)(b)(i), to ensure that the Department of Corrections obtains
1465
DNA specimens from persons in the custody of or under the supervision of the
1466
Department of Corrections as of July 1, 2002, prior to their release.
1467
(7)(a) As used in this Subsection (7):
1468
(i) "Court" means the juvenile court.
1469
(ii) "Division" means the Division of Juvenile Justice and Youth Services.
1470
(b) Priority of obtaining DNA specimens by the court from minors under Section
1471
53-10-403 whose cases are under the jurisdiction of the court but who are not in the
1472
legal custody of the division shall be:
1473
(i) first, to obtain specimens from minors whose cases, as of July 1, 2002, are under
1474
the court's jurisdiction, before the court's jurisdiction over the minors' cases
1475
terminates; and
1476
(ii) second, to obtain specimens from minors whose cases are under the jurisdiction
1477
of the court after July 1, 2002, within 120 days of the minor's case being found to
1478
be within the court's jurisdiction, if possible, but no later than before the court's
1479
jurisdiction over the minor's case terminates.
1480
(c) Priority of obtaining DNA specimens by the division from minors under Section
1481
53-10-403 who are committed to the legal custody of the division shall be:
1482
(i) first, to obtain specimens from minors who as of July 1, 2002, are within the
1483
division's legal custody and who have not previously provided a DNA specimen
1484
under this section, before termination of the division's legal custody of these
1485
minors; and
1486
(ii) second, to obtain specimens from minors who are placed in the legal custody of
1487
the division after July 1, 2002, within 120 days of the minor's being placed in the
1488
custody of the division, if possible, but no later than before the termination of the
1489
court's jurisdiction over the minor's case.
1490
(8)(a) The Department of Corrections, the juvenile court, the Division of Juvenile
1491
Justice and Youth Services, and all law enforcement agencies in the state shall by
- 44 - 12-20 16:50 S.B. 41
1492
policy establish procedures for obtaining saliva DNA specimens, and shall provide
1493
training for employees designated to collect saliva DNA specimens.
1494
(b)(i) The department may designate correctional officers, including those employed
1495
by the adult probation and parole section of the department, to obtain the saliva
1496
DNA specimens required under this section.
1497
(ii) The department shall ensure that the designated employees receive appropriate
1498
training and that the specimens are obtained in accordance with accepted protocol.
1499
(c) Blood DNA specimens shall be obtained in accordance with Section 53-10-405.
1500
Section 15. Section 53-29-101 is enacted to read:
1501
CHAPTER 29. SEX, KIDNAP, AND CHILD ABUSE OFFENDER REGISTRY
1502
Part 1. General Provisions
1503
53-29-101 (Effective 05/07/25). Definitions.
1504
As used in this chapter:
1505
(1) "Bureau" means the Bureau of Criminal Identification of the Department of Public
1506
Safety established in Section 53-10-201.
1507
(2) "Certificate of eligibility" means the certificate issued by the bureau described in
1508
Section 53-29-207.
1509
(3) "Child abuse offender" means an individual who meets the requirements under
1510
Subsection 53-29-202(2)(a).
1511
(4)(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, except as provided in Subsection 53-29-202(4), the period a
1516
plea is held in abeyance pursuant to a plea in abeyance agreement as defined in
1517
Section 77-2a-1.
1518
(c) "Convicted" does not include:
1519
(i) a withdrawn or dismissed plea in abeyance;
1520
(ii) a diversion agreement; or
1521
(iii) an adjudication of a minor for an offense under Section 80-6-701.
1522
(5) "Division" means the Division of Juvenile Justice and Youth Services.
1523
(6) "Employed" means employment that is full time or part time, whether financially
1524
compensated, volunteered, or for the purpose of government or educational benefit.
- 45 - S.B. 41 12-20 16:50
1525
(7) "Kidnap offender" means an individual who meets the requirements under Subsection
1526
53-29-202(2)(c).
1527
(8) "Offender" means an individual who qualifies as a sex offender, a kidnap offender, or a
1528
child abuse offender as described in Section 53-29-202.
1529
(9)(a) "Online identifier" means any electronic mail, chat, instant messenger, social
1530
networking, or similar name used for Internet communication.
1531
(b) "Online identifier" does not include date of birth, social security number, PIN
1532
number, or Internet passwords.
1533
(10) "Primary residence" means the location where an offender regularly resides, even if the
1534
offender intends to move to another location or return to another location at a future date.
1535
(11) "Registrable offense" means an offense described in Subsection 53-29-202(1).
1536
(12) "Registration website" means the Sex, Kidnap, and Child Abuse Offender Notification
1537
and Registration website described in Section 53-29-404.
1538
(13) "Registry" means the Sex, Kidnap, and Child Abuse Offender Registry maintained by
1539
the department and created in Section 53-29-102 to monitor and track offenders.
1540
(14) "Registry office" means the office within the department that manages the Sex,
1541
Kidnap, and Child Abuse Offender Registry.
1542
(15) "Sex offender" means an individual who meets the requirements under Subsection
1543
53-29-202(2)(b).
1544
(16) "Vehicle" means a motor vehicle, an aircraft, or a watercraft subject to registration in
1545
any jurisdiction.
1546
Section 16. Section 53-29-102 is enacted to read:
1547
53-29-102 (Effective 05/07/25). Sex, Kidnap, and Child Abuse Offender Registry
1548
-- Creation -- Purpose.
1549
(1) The department, to assist law enforcement in investigating kidnapping and sex-related
1550
crimes and in apprehending offenders, shall:
1551
(a) develop and operate a system known as the Sex, Kidnap, and Child Abuse Offender
1552
Registry to collect, analyze, maintain, and disseminate information on offenders and
1553
registrable offenses; and
1554
(b) make information listed in Subsection 53-29-404(3) available to the public.
1555
(2) This chapter does not create or impose any duty on any individual to request or obtain
1556
information regarding any offender from the department.
1557
Section 17. Section 53-29-201 is enacted to read:
1558
- 46 - 12-20 16:50 S.B. 41
Part 2. Registrable Offenses, Timelines for Registration, and Petitions for Removal
1559
53-29-201 (Effective 05/07/25). Definitions.
1560
As used in this part:
1561
(1) "Court" means a state, federal, or military court.
1562
(2) "External jurisdiction" means:
1563
(a) a state of the United States not including Utah;
1564
(b) the United States federal government;
1565
(c) Indian country;
1566
(d) a United States territory;
1567
(e) the United States military; or
1568
(f) Canada, Australia, New Zealand, or the United Kingdom.
1569
(3) "Indian country" means:
1570
(a) all land within the limits of an Indian reservation under the jurisdiction of the United
1571
States government, regardless of the issuance of any patent, and includes
1572
rights-of-way running through the reservation;
1573
(b) all dependent Indian communities within the borders of the United States whether
1574
within the original or subsequently acquired territory, and whether or not within the
1575
limits of a state; and
1576
(c) all Indian allotments, including the Indian allotments to which the Indian titles have
1577
not been extinguished, including rights-of-way running through the allotments.
1578
(4) "Natural parent" means a minor's biological or adoptive parent, including the minor's
1579
noncustodial parent.
1580
(5) "Traffic offense" does not include a violation of Title 41, Chapter 6a, Part 5, Driving
1581
Under the Influence and Reckless Driving.
1582
Section 18. Section 53-29-202 is enacted to read:
1583
53-29-202 (Effective 05/07/25). Registrable offenses -- Status as a sex offender,
1584
kidnap offender, and child abuse offender established.
1585
(1) An individual is an offender described in Subsection (2) and subject to the requirements,
1586
restrictions, and penalties described in this chapter if the individual:
1587
(a) has been convicted in this state of:
1588
(i) aggravated child abuse under Subsection 76-5-109.2(3)(a) or (b);
1589
(ii) a felony or class A misdemeanor violation of enticing a minor under Section
1590
76-4-401;
- 47 - S.B. 41 12-20 16:50
1591
(iii) sexual exploitation of a vulnerable adult under Section 76-5b-202;
1592
(iv) human trafficking for sexual exploitation under Section 76-5-308.1;
1593
(v) human trafficking of a child for sexual exploitation under Subsection
1594
76-5-308.5(4)(b);
1595
(vi) aggravated human trafficking for sexual exploitation under Section 76-5-310;
1596
(vii) human trafficking of a vulnerable adult for sexual exploitation under Section
1597
76-5-311;
1598
(viii) unlawful sexual activity with a minor under Section 76-5-401, except as
1599
provided in Subsection 76-5-401(3)(b) or (c);
1600
(ix) sexual abuse of a minor under Section 76-5-401.1, on the individual's first
1601
offense unless the individual was younger than 21 years old at the time of the
1602
offense then on the individual's second offense;
1603
(x) unlawful sexual conduct with a 16 or 17 year old under Section 76-5-401.2;
1604
(xi) rape under Section 76-5-402;
1605
(xii) rape of a child under Section 76-5-402.1;
1606
(xiii) object rape under Section 76-5-402.2;
1607
(xiv) object rape of a child under Section 76-5-402.3;
1608
(xv) a felony violation of forcible sodomy under Section 76-5-403;
1609
(xvi) sodomy on a child under Section 76-5-403.1;
1610
(xvii) forcible sexual abuse under Section 76-5-404;
1611
(xviii) sexual abuse of a child under Section 76-5-404.1;
1612
(xix) aggravated sexual abuse of a child under Section 76-5-404.3;
1613
(xx) aggravated sexual assault under Section 76-5-405;
1614
(xxi) custodial sexual relations under Section 76-5-412, if the victim in custody is
1615
younger than 18 years old and the offense is committed on or after May 10, 2011;
1616
(xxii) sexual exploitation of a minor under Section 76-5b-201;
1617
(xxiii) aggravated sexual exploitation of a minor under Section 76-5b-201.1;
1618
(xxiv) sexual extortion or aggravated sexual extortion under Section 76-5b-204;
1619
(xxv) incest under Section 76-7-102;
1620
(xxvi) lewdness under Section 76-9-702, if the individual has been convicted of the
1621
offense four or more times;
1622
(xxvii) sexual battery under Section 76-9-702.1, if the individual has been convicted
1623
of the offense four or more times;
1624
(xxviii) any combination of convictions of lewdness under Section 76-9-702, and of
- 48 - 12-20 16:50 S.B. 41
1625
sexual battery under Section 76-9-702.1, that total four or more convictions;
1626
(xxix) lewdness involving a child under Section 76-9-702.5;
1627
(xxx) a felony or class A misdemeanor violation of voyeurism under Section
1628
76-9-702.7;
1629
(xxxi) aggravated exploitation of prostitution under Section 76-10-1306;
1630
(xxxii) kidnapping under Subsection 76-5-301(2)(c) or (d), if the offender was not the
1631
natural parent of the child victim;
1632
(xxxiii) child kidnapping under Section 76-5-301.1, if the offender was not the
1633
natural parent of the child victim;
1634
(xxxiv) aggravated kidnapping under Section 76-5-302, if the offender was not the
1635
natural parent of the child victim;
1636
(xxxv) human trafficking for labor under Section 76-5-308, if the offender was not
1637
the natural parent of the child victim;
1638
(xxxvi) human smuggling under Section 76-5-308.3, if the offender was not the
1639
natural parent of the child victim;
1640
(xxxvii) human trafficking of a child for labor under Subsection 76-5-308.5(4)(a), if
1641
the offender was not the natural parent of the child victim;
1642
(xxxviii) aggravated human trafficking for labor under Section 76-5-310, if the
1643
offender was not the natural parent of the child victim;
1644
(xxxix) aggravated human smuggling under Section 76-5-310.1, if the offender was
1645
not the natural parent of the child victim;
1646
(xl) human trafficking of a vulnerable adult for labor under Section 76-5-311, if the
1647
offender was not the natural parent of the child victim; or
1648
(xli) attempting, soliciting, or conspiring to commit a felony violation of an offense
1649
listed in Subsections (1)(a)(i) through (xl);
1650
(b)(i) has been convicted of a criminal offense, or an attempt, solicitation, or
1651
conspiracy to commit a criminal offense in an external jurisdiction that is
1652
substantially equivalent to the offense listed in Subsection (1)(a); and
1653
(ii)(A) is a Utah resident; or
1654
(B) is not a Utah resident and is in this state for a total of 10 days in a 12-month
1655
period, regardless of whether the individual intends to permanently reside in
1656
this state;
1657
(c)(i)(A) is required to register on a registry in an external jurisdiction for
1658
individuals who have committed an offense listed in Subsection (1)(a) or a
- 49 - S.B. 41 12-20 16:50
1659
substantially equivalent offense;
1660
(B) is ordered by a court to register on a registry for individuals who have
1661
committed an offense listed in Subsection (1)(a) or a substantially equivalent
1662
offense; or
1663
(C) would be required to register on a registry in an external jurisdiction for
1664
individuals who have committed an offense listed in Subsection (1)(a), or a
1665
substantially equivalent offense, if residing in the external jurisdiction of the
1666
conviction regardless of the date of the conviction or a previous registration
1667
requirement; and
1668
(ii) is in this state for a total of 10 days in a 12-month period, regardless of whether
1669
the individual intends to permanently reside in this state;
1670
(d)(i)(A) is a nonresident regularly employed or working in this state; or
1671
(B) who is a student in this state; and
1672
(ii)(A) is convicted of an offense listed in Subsection (1)(a) or a substantially
1673
equivalent offense in an external jurisdiction; or
1674
(B) is required to register on a sex, kidnap, and child abuse registry, or an
1675
equivalent registry, in the individual's state of residence based on a conviction
1676
for an offense that is not substantially equivalent to an offense listed in
1677
Subsection (1)(a);
1678
(e) is found not guilty by reason of insanity in this state or in an external jurisdiction of
1679
an offense listed in Subsection (1)(a) or a substantially equivalent offense; or
1680
(f)(i) is adjudicated under Section 80-6-701 for one or more offenses listed in
1681
Subsection (1)(a); and
1682
(ii) has been committed to the division for secure care, as defined in Section 80-1-102,
1682a 1683
for that offense if:
1684
(A) the individual remains in the division's custody until 30 days before the
1685
individual's 21st birthday;
1686
(B) the juvenile court extended the juvenile court's jurisdiction over the individual
1687
under Section 80-6-605 and the individual remains in the division's custody
1688
until 30 days before the individual's 25th birthday; or
1689
(C) the individual is moved from the division's custody to the custody of the
1690
department before expiration of the division's jurisdiction over the individual.
1691
(2) Subject to Subsection (3), an individual is:
1692
(a) a child abuse offender if the individual:
- 50 - 12-20 16:50 S.B. 41
1693
(i) has committed, attempted, solicited, or conspired to commit an offense described
1694
in Subsection (1)(a)(i); or
1695
(ii) meets a requirement described in Subsections (1)(b) through (e) for an offense
1696
described in Subsection (1)(a)(i) or a substantially equivalent offense;
1697
(b) a sex offender if the individual:
1698
(i) has committed, attempted, solicited, or conspired to commit an offense described
1699
in Subsections (1)(a)(ii) through (xxxi); or
1700
(ii) meets a requirement described in Subsections (1)(b) through (e) for an offense
1701
described in Subsections (1)(a)(ii) through (xxxi) or a substantially equivalent
1702
offense; or
1703
(c) a kidnap offender if the individual:
1704
(i) has committed, attempted, solicited, or conspired to commit an offense described
1705
in Subsections (1)(a)(xxxii) through (xl); or
1706
(ii) meets a requirement described in Subsections (1)(b) through (e) for an offense
1707
described in Subsections (1)(a)(xxxii) through (xl) or a substantially equivalent
1708
offense.
1709
(3) An individual who has committed a registrable offense described in Subsection
1710
(1)(d)(ii)(B) in an external jurisdiction that is not substantially equivalent to an offense
1711
described in Subsection (1)(a) and is required to register on a sex, kidnap, and child
1712
abuse registry, or an equivalent registry, in the individual's state of residence is a child
1713
abuse offender, sex offender, or kidnap offender based on the individual's status on the
1714
registry in the individual's state of residence.
1715
(4) Notwithstanding Subsection 53-29-101(2)(a), a plea of guilty or nolo contendere to a
1716
charge of sexual battery or lewdness that is held in abeyance under Title 77, Chapter 2a,
1717
Pleas in Abeyance, is the equivalent of a conviction even if the charge is subsequently
1718
reduced or dismissed in accordance with the plea in abeyance agreement.
1719
Section 19. Section 53-29-203 is enacted to read:
1720
53-29-203 (Effective 05/07/25). Registration lengths -- 10 years -- Lifetime.
1721
(1) Except as provided in Subsection (2), (3), or (4), an individual who commits a
1722
registrable offense is required to register on the registry for:
1723
(a) 10 years after the day on which the offender's sentence for the offense has been
1724
terminated if the registrable offense is for:
1725
(i) a felony or class A misdemeanor violation of enticing a minor under Section
1726
76-4-401, if the offender enticed the minor to engage in sexual activity that is one
- 51 - S.B. 41 12-20 16:50
1727
of the offenses described in Subsections (1)(a)(ii) through (xxiii);
1728
(ii) aggravated child abuse under Subsection 76-5-109.2(3)(a) or (b);
1729
(iii) kidnapping under Subsection 76-5-301(2)(c) or (d), if the offender was not the
1730
natural parent of the child victim;
1731
(iv) human trafficking for labor under Section 76-5-308, if the offender was not the
1732
natural parent of the child victim;
1733
(v) human smuggling under Section 76-5-308.3, if the offender was not the natural
1734
parent of the child victim;
1735
(vi) human trafficking of a child for labor under Subsection 76-5-308.5(4)(a), if the
1736
offender was not the natural parent of the child victim;
1737
(vii) aggravated human trafficking for labor under Section 76-5-310, if the offender
1738
was not the natural parent of the child victim;
1739
(viii) aggravated human smuggling under Section 76-5-310.1;
1740
(ix) human trafficking of a vulnerable adult for labor under Section 76-5-311;
1741
(x) a felony violation of unlawful sexual activity with a minor under Section 76-5-401;
1742
(xi) sexual abuse of a minor under Section 76-5-401.1;
1743
(xii) unlawful sexual conduct with a 16 or 17 year old under Section 76-5-401.2;
1744
(xiii) forcible sexual abuse under Section 76-5-404;
1745
(xiv) custodial sexual relations under Section 76-5-412;
1746
(xv) sexual exploitation of a vulnerable adult under Section 76-5b-202;
1747
(xvi) sexual extortion under Subsection 76-5b-204(2)(a);
1748
(xvii) incest under Section 76-7-102;
1749
(xviii) four to seven convictions of lewdness under Section 76-9-702;
1750
(xix) four to seven convictions of sexual battery under Section 76-9-702.1;
1751
(xx) any combination of convictions of lewdness under Section 76-9-702, and of
1752
sexual battery under Section 76-9-702.1, that total four to seven convictions;
1753
(xxi) lewdness involving a child under Section 76-9-702.5;
1754
(xxii) a felony or class A misdemeanor violation of voyeurism under Section
1755
76-9-702.7;
1756
(xxiii) aggravated exploitation of prostitution under Section 76-10-1306, committed
1757
on or before May 9, 2011; or
1758
(xxiv) attempting, soliciting, or conspiring to commit an offense listed in Subsections
1759
(1)(a)(i) through (xxiii) if the attempt, solicitation, or conspiracy is a registrable
1760
offense; or
- 52 - 12-20 16:50 S.B. 41
1761
(b) for the offender's lifetime if the registrable offense is:
1762
(i) a conviction for an offense described in Subsection (1)(a), if the offender has, at
1763
the time of conviction for the offense:
1764
(A) previously been convicted of an offense described in Subsection (1)(a), or a
1765
substantially equivalent offense in an external jurisdiction, not including the
1766
offenses listed in Subsections (1)(a)(xviii) through (xx); or
1767
(B) previously been required to register as an offender for an offense described in
1768
Subsection (1)(a) committed as a juvenile;
1769
(ii) a felony violation of enticing a minor under Section 76-4-401, if the offender
1770
enticed the minor to engage in sexual activity that is one of the offenses described
1771
in Subsections (1)(b)(iii) through (xxiv);
1772
(iii) child kidnapping under Section 76-5-301.1, if the offender was not the natural
1773
parent of the child victim;
1774
(iv) aggravated kidnapping under Section 76-5-302, if the offender was not the
1775
natural parent of the child victim;
1776
(v) human trafficking for sexual exploitation under Section 76-5-308.1, if the
1777
offender was not the natural parent of the child victim;
1778
(vi) human trafficking of a child for sexual exploitation under Subsection
1779
76-5-308.5(4)(b), if the offender was not the natural parent of the child victim;
1780
(vii) aggravated human trafficking for sexual exploitation under Section 76-5-310, if
1781
the offender was not the natural parent of the child victim;
1782
(viii) human trafficking of a vulnerable adult for sexual exploitation under Section
1783
76-5-311, if the offender was not the natural parent of the child victim;
1784
(ix) forcible sodomy under Section 76-5-403;
1785
(x) sexual abuse of a child under Section 76-5-404.1;
1786
(xi) sexual exploitation of a minor under Section 76-5b-201;
1787
(xii) aggravated sexual exploitation of a minor under Section 76-5b-201.1;
1788
(xiii) aggravated sexual extortion under Subsection 76-5b-204(2)(b);
1789
(xiv) rape under Section 76-5-402;
1790
(xv) rape of a child under Section 76-5-402.1;
1791
(xvi) object rape under Section 76-5-402.2;
1792
(xvii) object rape of a child under Section 76-5-402.3;
1793
(xviii) sodomy on a child under Section 76-5-403.1;
1794
(xix) aggravated sexual abuse of a child under Section 76-5-404.3;
- 53 - S.B. 41 12-20 16:50
1795
(xx) aggravated sexual assault under Section 76-5-405;
1796
(xxi) five or more convictions of lewdness under Section 76-9-702, or a substantially
1797
equivalent offense in an external jurisdiction;
1798
(xxii) five or more convictions of sexual battery under Section 76-9-702.1, or a
1799
substantially equivalent offense in an external jurisdiction;
1800
(xxiii) any combination of convictions of lewdness under Section 76-9-702, and of
1801
sexual battery under Section 76-9-702.1, or substantially equivalent offenses in an
1802
external jurisdiction, that total five or more convictions;
1803
(xxiv) aggravated exploitation of prostitution under Section 76-10-1306, on or after
1804
May 10, 2011; or
1805
(xxv) attempting, soliciting, or conspiring to commit an offense listed in Subsections
1806
(1)(b)(i) through (xxiv) if the attempt, solicitation, or conspiracy is a registrable
1807
offense.
1808
(2) An individual who qualifies as an offender based on a conviction in an external
1809
jurisdiction for a registrable offense or a substantially equivalent offense and is on an
1810
external jurisdiction's sex, kidnap, and child abuse registry, or an equivalent registry, is
1811
required to register on the registry for the time period required by the external
1812
jurisdiction.
1813
(3) If the sentencing court at any time after an offender is convicted of an offense requiring
1814
lifetime registration described in Subsection (1)(b) determines that the offender was
1815
under 21 years old at the time the offense was committed and the offense did not involve
1816
force or coercion, the requirement that the offender register for the offender's lifetime
1817
does not apply and the offender shall register for 10 years after the day on which the
1818
offender's sentence for the offense has been terminated.
1819
(4) Except for an individual who is adjudicated for a registrable offense and is an offender
1820
who meets the requirements under Subsection 53-29-202(1)(f), an individual who is
1821
under 18 years old and commits a registrable offense after May 3, 2023, is not subject to
1822
registration requirements under this chapter unless the offender:
1823
(a) is charged by criminal information in juvenile court under Section 80-6-503;
1824
(b) is bound over to district court in accordance with Section 80-6-504; and
1825
(c) is convicted of a registrable offense.
1826
(5) An offender subject to the 10-year or lifetime registration requirements under
1827
Subsection (1) may petition the court for an order of removal from the registry in
1828
accordance with Section 53-29-204, 53-29-205, or 53-29-206.
- 54 - 12-20 16:50 S.B. 41
1829
Section 20. Section 53-29-204 is enacted to read:
1830
53-29-204 (Effective 05/07/25). Five-year petition for removal from registry --
1831
Eligibility.
1832
(1) An offender who is required to register on the registry for a registrable offense
1833
described in Subsection (2) that is subject to a 10-year registration period, as described
1834
in Section 53-29-203, is eligible to petition the court under Section 53-29-207 for an
1835
order of removal from the registry after five years after the day on which the offender's
1836
sentence for the offense has been terminated if:
1837
(a) the offense is the only offense for which the offender was required to register;
1838
(b) the offender has not been convicted of another offense, excluding a traffic offense,
1839
after the day on which the offender was convicted of the offense for which the
1840
offender is required to register, as evidenced by a certificate of eligibility issued by
1841
the bureau;
1842
(c) the offender successfully completed all treatment ordered by the court or the Board
1843
of Pardons and Parole relating to the offense; and
1844
(d) the offender has paid all restitution ordered by the court or the Board of Pardons and
1845
Parole relating to the offense.
1846
(2) The offenses that qualify for a five-year petition for an order of removal from the
1847
registry referenced in Subsection (1) are:
1848
(a) a class A misdemeanor violation of enticing a minor under Section 76-4-401;
1849
(b) kidnapping under Subsection 76-5-301(2)(c) or (d);
1850
(c) a felony violation of unlawful sexual activity with a minor under Section 76-5-401,
1851
if, at the time of the offense, the offender is not more than 10 years older than the
1852
victim;
1853
(d) sexual abuse of a minor under Section 76-5-401.1, if, at the time of the offense, the
1854
offender is not more than 10 years older than the victim;
1855
(e) unlawful sexual conduct with a 16 or 17 year old under Section 76-5-401.2, if at the
1856
time of the offense, the offender is not more than 15 years older than the victim;
1857
(f) a class A misdemeanor violation of voyeurism under Section 76-9-702.7;
1858
(g) attempting, soliciting, or conspiring to commit an offense listed in Subsections (2)(a)
1859
through (f) if the attempt, solicitation, or conspiracy is a registrable offense; and
1860
(h) an offense committed in an external jurisdiction that is not substantially equivalent to
1861
a registrable offense described in Subsection 53-29-202(1)(a).
1862
Section 21. Section 53-29-205 is enacted to read:
- 55 - S.B. 41 12-20 16:50
1863
53-29-205 (Effective 05/07/25). Ten-year petition for removal from registry --
1864
Eligibility.
1865
(1) An offender who is required to register on the registry for a registrable offense
1866
described in Subsection (3) subject to a 10-year registration period as described in
1867
Section 53-29-203 is eligible to petition the court under Section 53-29-207 for an order
1868
of removal from the registry at a 10-year after entrance into the community period
1869
described in Subsection (2) if:
1870
(a) the offender has not been convicted of another offense that is a class A misdemeanor,
1871
felony, or capital felony within the most recent 10-year period after the date
1872
described in Subsection (2), as evidenced by a certificate of eligibility issued by the
1873
bureau;
1874
(b) the offender successfully completed all treatment ordered by the court or the Board
1875
of Pardons and Parole relating to the offense; and
1876
(c) the offender has paid all restitution ordered by the court or the Board of Pardons and
1877
Parole relating to the offense.
1878
(2) An offender who qualifies under Subsection (1) may petition the court under Section
1879
53-29-207 for an order of removal from the registry if 10 years have passed after the
1880
later of the following events in which the offender entered into the community:
1881
(a) the day on which the offender was placed on probation;
1882
(b) the day on which the offender was released from incarceration to parole;
1883
(c) the day on which the offender's sentence was terminated without parole;
1884
(d) the day on which the offender entered a community-based residential program; or
1885
(e) for a minor, as defined in Section 80-1-102, the day on which the division's custody
1886
of the offender was terminated.
1887
(3) The offenses that qualify for a 10-year petition for an order of removal from the registry
1888
referenced in Subsection (1) are:
1889
(a) a felony violation of enticing a minor under Section 76-4-401, if the offender enticed
1890
the minor to engage in sexual activity that is one of the offenses described in
1891
Subsections (3)(b) through (v);
1892
(b) aggravated child abuse under Subsection 76-5-109.2(3)(a) or (b);
1893
(c) human trafficking for labor under Section 76-5-308;
1894
(d) human smuggling under Section 76-5-308.3;
1895
(e) human trafficking of a child for labor under Subsection 76-5-308.5(4)(a);
1896
(f) aggravated human trafficking for labor under Section 76-5-310;
- 56 - 12-20 16:50 S.B. 41
1897
(g) aggravated human smuggling under Section 76-5-310.1;
1898
(h) human trafficking of a vulnerable adult for labor under Section 76-5-311;
1899
(i) a felony violation of unlawful sexual activity with a minor under Section 76-5-401, if,
1900
at the time of the offense, the offender is more than 10 years older than the victim;
1901
(j) sexual abuse of a minor under Section 76-5-401.1, if, at the time of the offense, the
1902
offender is more than 10 years older than the victim;
1903
(k) unlawful sexual conduct with a 16 or 17 year old under Section 76-5-401.2, if, at the
1904
time of the offense, the offender is more than 15 years older than the victim;
1905
(l) forcible sexual abuse under Section 76-5-404;
1906
(m) custodial sexual relations under Section 76-5-412, if the victim in custody is
1907
younger than 18 years old and the offense is committed on or after May 10, 2011;
1908
(n) sexual exploitation of a vulnerable adult under Section 76-5b-202;
1909
(o) sexual extortion under Subsection 76-5b-204(2)(a);
1910
(p) incest under Section 76-7-102;
1911
(q) four convictions of lewdness under Section 76-9-702;
1912
(r) four convictions of sexual battery under Section 76-9-702.1;
1913
(s) any combination of convictions of lewdness under Section 76-9-702, and of sexual
1914
battery under Section 76-9-702.1, that total four convictions;
1915
(t) lewdness involving a child under Section 76-9-702.5;
1916
(u) a felony violation of voyeurism under Section 76-9-702.7;
1917
(v) aggravated exploitation of prostitution under Section 76-10-1306, committed on or
1918
before May 9, 2011;
1919
(w) attempting, soliciting, or conspiring to commit an offense listed in Subsections (3)(a)
1920
through (w) if the attempt, solicitation, or conspiracy is a registrable offense; or
1921
(x) an offense described in Subsection 53-29-203(1)(b) that would otherwise be subject
1922
to a 20-year petition for removal as described in Section 53-29-206, if:
1923
(i) the sentencing court determines that the offender was under 21 years old at the
1924
time the offense was committed; and
1925
(ii) the offense did not involve force or coercion as described in Subsection
1926
53-29-203(3).
1927
(4) An individual who is as an offender under Section 53-29-202 based on a conviction in
1928
an external jurisdiction for a registrable offense, or a substantially equivalent offense,
1929
and is required to register on the external jurisdiction's sex, kidnap, or child abuse
1930
offender registry, or an equivalent registry, may petition for removal from the registry in
- 57 - S.B. 41 12-20 16:50
1931
accordance with the requirements of this section if the individual:
1932
(a) does not have a lifetime registration requirement on the external jurisdiction's sex,
1933
kidnap, or child abuse offender registry, or an equivalent registry;
1934
(b) meets the requirements described in Subsections (1)(a) through (c);
1935
(c) has resided in this state for at least 183 days in a year for two consecutive years; and
1936
(d) intends to primarily reside in this state.
1937
Section 22. Section 53-29-206 is enacted to read:
1938
53-29-206 (Effective 05/07/25). Twenty-year petition for removal from registry
1939
-- Eligibility.
1940
(1) An offender who is required to register on the registry for a registrable offense subject
1941
to a lifetime registration period described in Subsection 53-29-203(1)(b) is eligible to
1942
petition the court under Section 53-29-207 for an order of removal from the registry at a
1943
20-year entrance into the community period described in Subsection (2) if:
1944
(a) the offender has not been convicted of another offense that is a class A misdemeanor,
1945
felony, or capital felony within the most recent 20-year period after the date
1946
described in Subsection (2), as evidenced by a certificate of eligibility issued by the
1947
bureau;
1948
(b) the offender successfully completed all treatment ordered by the court or the Board
1949
of Pardons and Parole relating to the offense;
1950
(c) the offender has paid all restitution ordered by the court or the Board of Pardons and
1951
Parole relating to the offense; and
1952
(d) the offender submits to an evidence-based risk assessment that:
1953
(i) meets the standards for the current risk assessment, score, and risk level required
1954
by the Board of Pardons and Parole for parole termination requests;
1955
(ii) is completed within the six months before the date on which the petition is filed;
1956
and
1957
(iii) describes the evidence-based risk assessment of the current level of risk to the
1958
safety of the public posed by the offender.
1959
(2) An offender who qualifies under Subsection (1) may petition the court under Section
1960
53-29-207 for an order of removal from the registry if 20 years have passed after the
1961
later of the following events in which the offender has entered into the community:
1962
(a) the day on which the offender was placed on probation;
1963
(b) the day on which the offender was released from incarceration to parole;
1964
(c) the day on which the offender's sentence was terminated without parole;
- 58 - 12-20 16:50 S.B. 41
1965
(d) the day on which the offender entered a community-based residential program; or
1966
(e) for a minor, as defined in Section 80-1-102, the day on which the division's custody
1967
of the offender was terminated.
1968
(3) An individual who is as an offender under Section 53-29-202 based on a conviction in
1969
an external jurisdiction for a registrable offense or a substantially equivalent offense,
1970
and is required to register on the external jurisdiction's sex, kidnap, or child abuse
1971
offender registry, or an equivalent registry, may petition for removal from the registry in
1972
accordance with the requirements of this section if the individual:
1973
(a) is required to register on the external jurisdiction's sex, kidnap, or child abuse
1974
offender registry, or an equivalent registry, for the individual's lifetime;
1975
(b) meets the requirements described in Subsections (1)(a) through (d);
1976
(c) has resided in this state for at least 183 days in a year for two consecutive years; and
1977
(d) intends to primarily reside in this state.
1978
Section 23. Section 53-29-207 is enacted to read:
1979
53-29-207 (Effective 05/07/25). Process to petition for removal from registry --
1980
Offender, bureau, court, and prosecutor responsibilities.
1981
(1) Before an an offender who is eligible to petition for an order of removal from the
1982
registry as described in Section 53-29-204, 53-29-205, or 53-29-206 may file a petition
1983
with the court for an order of removal from the registry, the offender shall apply to the
1984
bureau for a certificate of eligibility for removal from the registry that states that the
1985
offender has met certain qualifications for removal.
1986
(2) After the bureau receives an offender's application for a certificate of eligibility for
1987
removal from the registry, the bureau shall:
1988
(a) perform a check of records of governmental agencies, including national criminal
1989
databases, to determine whether an offender meets the requirements described in:
1990
(i) Subsection 53-29-204(1), if the offender is seeking a five-year petition for
1991
removal;
1992
(ii) Subsections 53-29-205(1) and (2), if the offender is seeking a 10-year petition for
1993
removal; or
1994
(iii) Subsections 53-29-206(1) and (2), if the offender is seeking a 20-year petition
1995
for removal; and
1996
(b) if the bureau determines that the offender meets the requirements described in
1997
Subsection (2)(a), issue a certificate of eligibility for removal from the registry to the
1998
offender, which is valid for 90 days after the day on which the bureau issues the
- 59 - S.B. 41 12-20 16:50
1999
certificate.
2000
(3)(a) After an offender has received the certificate of eligibility for removal from the
2001
registry described in Subsection (2), the offender may petition the court for an order
2002
or removal from the registry, and shall include in the petition:
2003
(i) the original information or indictment regarding the registrable offense that the
2004
offender committed;
2005
(ii) the court docket; and
2006
(iii) the certificate of eligibility for removal from the registry.
2007
(b) An offender who files a petition with the court as described in Subsection (3)(a) shall
2008
provide a copy of the petition to the prosecutor.
2009
(4) A prosecutor, upon receipt of the petition described in Subsection (3), shall:
2010
(a) provide notice of the petition by first-class mail to the victim at the most recent
2011
address of record on file or, if the victim is still a minor under 18 years old, to the
2012
parent or guardian of the victim, that includes:
2013
(i) a copy of the petition;
2014
(ii) an explanation that the victim has a right to object to the removal of the offender
2015
from the registry or make other recommendations to the court; and
2016
(iii) instructions for how the victim can file an objection or recommendation with the
2017
court; and
2018
(b) provide the following, if available, to the court within 30 days after the day on which
2019
the prosecutor receives the petition:
2020
(i) the presentencing report created for the offender based on the registrable offense
2021
committed by the offender;
2022
(ii) any evaluation done as part of sentencing for the registrable offense; and
2023
(iii) other information the prosecutor determines the court should consider.
2024
(5) A victim, or the victim's parent or guardian if the victim is a minor under 18 years old,
2025
may respond to a petition described in Subsection (3) by filing a recommendation or
2026
objection with the court within 45 days after the day on which the petition is mailed to
2027
the victim.
2028
(6)(a) A court receiving a petition under this section shall:
2029
(i) review the petition and all documents submitted with the petition; and
2030
(ii) hold a hearing if requested by the prosecutor or the victim.
2031
(b)(i) Except as provided in Subsection (6)(b)(ii) or (iii), the court may grant the
2032
petition for removal and order the removal of the offender from the registry if the
- 60 - 12-20 16:50 S.B. 41
2033
court determines that the offender has met the requirements described in the
2034
certificate of eligibility for removal issued under Subsection (2) and removal is
2035
not contrary to the interests of the public.
2036
(ii) When considering a petition filed by an offender subject to a lifetime registration
2037
requirement and eligible for a 20-year petition for removal from the registry as
2038
described in Section 53-29-206, the court shall determine whether the offender has
2039
demonstrated, by clear and convincing evidence, that the offender is rehabilitated
2040
and does not pose a threat to the safety of the public.
2041
(iii) In making the determination described in Subsection (6)(b)(ii), the court may
2042
consider:
2043
(A) the nature and degree of violence involved in the registrable offense;
2044
(B) the age and number of victims of the registrable offense;
2045
(C) the age of the offender at the time the registrable offense was committed;
2046
(D) the offender's performance while on supervision for the registrable offense;
2047
(E) the offender's stability in employment and housing;
2048
(F) the offender's community and personal support system;
2049
(G) other criminal and relevant noncriminal behavior of the offender both before
2050
and after the offender committed the registrable offense;
2051
(H) if applicable, the level of risk posed by the offender as evidenced by the
2052
evidence-based risk assessment described in Subsection 53-29-206(1)(d); and
2053
(I) any other relevant factors.
2054
(c) In determining whether removal from the registry is contrary to the interests of the
2055
public, the court may not consider removal unless the offender has substantially
2056
complied with all registration requirements under this chapter at all times.
2057
(d) If the court grants the petition, the court shall forward a copy of the order directing
2058
removal of the offender from the registry to the department and the office of the
2059
prosecutor.
2060
(e)(i) Except as provided in Subsection (6)(e)(ii), if the court denies the petition, the
2061
offender may not submit another petition for three years after the day on which the
2062
court denied the petition.
2063
(ii) If the offender is an offender subject to a lifetime registration requirement and
2064
eligible for a 20-year petition for removal from the registry as described in Section
2065
53-29-206 and files a petition for removal that is denied by the court, the offender
2066
may not submit another petition for eight years after the day on which the court
- 61 - S.B. 41 12-20 16:50
2067
denied the petition.
2068
(f) The court shall notify the victim and the registry office of the court's decision under
2069
this Subsection (6) within three days after the day on which the court issues the
2070
court's decision.
2071
(7)(a) An offender who intentionally or knowingly provides false or misleading
2072
information to the bureau when applying for a certificate of eligibility under this
2073
section is guilty of a class B misdemeanor and subject to prosecution under Section
2074
76-8-504.6.
2075
(b) The bureau may, even if the offender is not prosecuted for providing the false or
2076
misleading information, deny a certificate of eligibility to an offender who provides
2077
false or misleading information on an application.
2078
(8)(a)(i) The bureau shall charge application and issuance fees for a certificate of
2079
eligibility for removal from the registry under this section in accordance with the
2080
process in Section 63J-1-504.
2081
(ii) The application fee shall be paid at the time the offender submits an application to
2082
the bureau for a certificate of eligibility for removal from the registry.
2083
(iii) If the bureau determines that the issuance of a certificate of eligibility for
2084
removal from the registry is appropriate, the offender will be charged an
2085
additional fee for the issuance of the certificate.
2086
(b) Funds generated under this Subsection (8) shall be deposited into the General Fund
2087
as a dedicated credit by the department to cover the costs incurred in determining
2088
eligibility.
2089
Section 24. Section 53-29-301 is enacted to read:
2090
Part 3. Offender, Court, and Law Enforcement Responsibilities
2091
53-29-301 (Effective 05/07/25). Definitions.
2092
As used in this part:
2093
(1) "Business day" means a day on which state offices are open for regular business.
2094
(2) "Correctional facility" means:
2095
(a) a county jail;
2096
(b) a secure correctional facility as defined by Section 64-13-1; or
2097
(c) a secure care facility as defined in Section 80-1-102.
2098
(3) "Secondary residence" means real property that an offender owns or has a financial
2099
interest in, or a location where the offender stays overnight a total of 10 or more nights
- 62 - 12-20 16:50 S.B. 41
2100
in a 12-month period when not staying at the offender's primary residence.
2101
Section 25. Section 53-29-302 is enacted to read:
2102
53-29-302 (Effective 05/07/25). Law enforcement and agency responsibilities
2103
related to the registry.
2104
(1) A law enforcement agency shall, in the manner prescribed by the department, inform
2105
the department of:
2106
(a) the receipt of a report or complaint of a registrable offense, within three business
2107
days after the day on which the law enforcement agency received the report or
2108
complaint; and
2109
(b) the arrest of an individual suspected of a registrable offense, within five business
2110
days after the day on which the law enforcement agency arrested the individual.
2111
(2) The Department of Corrections shall register an offender in the custody of the
2112
Department of Corrections with the department upon:
2113
(a) placement on probation;
2114
(b) commitment to a secure correctional facility operated by or under contract with the
2115
Department of Corrections;
2116
(c) release from confinement to parole status, termination or expiration of sentence, or
2117
escape;
2118
(d) entrance to and release from any community-based residential program operated by
2119
or under contract with the Department of Corrections; or
2120
(e) termination of probation or parole.
2121
(3) The sheriff of the county in which an offender is confined shall register an offender with
2122
the department, as required under this chapter, if the offender is not in the custody of the
2123
Department of Corrections and is confined in a correctional facility not operated by or
2124
under contract with the Department of Corrections upon:
2125
(a) commitment to the correctional facility; and
2126
(b) release from confinement.
2127
(4)(a) Except as provided in Subsection (4)(b), if an offender is sent on an assignment
2128
outside a secure facility, including being assigned for firefighting or disaster control,
2129
the official who has physical custody of the offender shall, within a reasonable time
2130
after the day of the offender's removal from the secure facility, notify the local law
2131
enforcement agencies where the offender is assigned.
2132
(b) Subsection (4)(a) does not apply to an offender temporarily released from a secure
2133
facility setting who is under the supervision of a correctional facility official.
- 63 - S.B. 41 12-20 16:50
2134
(5) The division shall register an offender in the custody of the division with the
2135
department, as required under this chapter, before the offender's release from custody of
2136
the division.
2137
(6) A state mental hospital shall register an offender committed to the state mental hospital
2138
with the department, as required under this chapter, upon the offender's admission and
2139
upon the offender's discharge.
2140
(7)(a) A municipal or county law enforcement agency shall register an offender who
2141
resides within the agency's jurisdiction and is not under the supervision of the
2142
Division of Adult Probation and Parole within the Department of Corrections.
2143
(b) A municipal or county law enforcement agency may conduct offender registration
2144
under this chapter, if the agency ensures that the agency's staff responsible for
2145
registration:
2146
(i) have received initial training by the department and have been certified by the
2147
department as qualified and authorized to conduct registrations and enter offender
2148
registration information into the registry database; and
2149
(ii) annually certifies with the department.
2150
(8) An agency in the state that registers with the department an offender on probation, an
2151
offender who has been released from confinement to parole status or termination, or an
2152
offender whose sentence has expired, shall inform the offender of the duty to comply
2153
with the continuing registration requirements of this chapter during the period of
2154
registration required in Section 53-29-203, including:
2155
(a) notification to the state agencies in the states where the registrant presently resides
2156
and plans to reside when moving across state lines;
2157
(b) verification of address at least every 60 days pursuant to a parole agreement for
2158
lifetime parolees; and
2159
(c) notification to the out-of-state agency where the offender is living, regardless of
2160
whether the offender is a resident of that state.
2161
Section 26. Section 53-29-303 is enacted to read:
2162
53-29-303 (Effective 05/07/25). Court responsibilities related to the registry.
2163
(1) The court shall, after an offender is convicted of a registrable offense, within three
2164
business days after the day on which the conviction is entered, forward a signed copy of
2165
the judgment and sentence to the registry office.
2166
(2) Upon modifying, withdrawing, setting aside, vacating, or otherwise altering a
2167
conviction for a registrable offense, the court shall, within three business days, forward a
- 64 - 12-20 16:50 S.B. 41
2168
signed copy of the order to the registry office.
2169
(3)(a) An offender may change the offender's name in accordance with Title 42,
2170
Chapter 1, Change of Name, if the name change is not contrary to the interests of the
2171
public.
2172
(b) Notwithstanding Section 42-1-2, an offender shall provide notice to the department
2173
at least 30 days before the day on which the hearing for the name change is held.
2174
(c) The court shall provide a copy of the order granting the offender's name change to
2175
the department within 10 days after the day on which the court issues the order.
2176
(d) If the court orders an offender's name to be changed, the department shall publish on
2177
the registration website the offender's former name and the offender's changed name
2178
as an alias.
2179
(4) Notwithstanding Title 63G, Chapter 2, Government Records Access and Management
2180
Act, information under Subsection (2) that is collected and released under Subsection
2181
53-29-404(3)(a) is public information, unless otherwise restricted under this chapter.
2182
(5) The department shall redact information regarding the identity or location of a victim
2183
from information provided under Subsection (2).
2184
Section 27. Section 53-29-304 is enacted to read:
2185
53-29-304 (Effective 05/07/25). Offender responsibilities related to the registry.
2186
(1) An offender shall:
2187
(a) if the offender is on probation or parole under the supervision of the Department of
2188
Corrections, register in person with the Division of Adult Probation and Parole; or
2189
(b) if the offender is not on probation or parole under the supervision of the Department
2190
of Corrections, register in person with the police department or sheriff's office that
2191
has jurisdiction over the area where the offender resides.
2192
(2) An offender registering under Subsection (1) shall register for the duration of the
2193
offender's applicable registration period described in Section 53-29-203:
2194
(a) each year during the month of the offender's date of birth;
2195
(b) during the month that is the sixth month after the offender's birth month; and
2196
(c) within three business days after the day on which there is a change of the offender's
2197
primary residence, any secondary residences, place of employment, vehicle
2198
information, or educational information described in Subsection (4).
2199
(3) An offender who enters this state from another jurisdiction is required to register with
2200
the department within 10 days after the day on which the offender enters the state,
2201
regardless of the offender's length of stay.
- 65 - S.B. 41 12-20 16:50
2202
(4)(a) When registering under Subsection (1), an offender shall provide the following
2203
information:
2204
(i) all names and aliases by which the offender is or has been known;
2205
(ii) the addresses of the offender's primary and secondary residences;
2206
(iii) a physical description, including the offender's date of birth, height, weight, eye
2207
color, and hair color;
2208
(iv) the make, model, color, year, plate number, and vehicle identification number of
2209
a vehicle or vehicles the offender owns or drives more than 12 times per year;
2210
(v) a current photograph of the offender;
2211
(vi) a set of fingerprints, if a set has not already been provided;
2212
(vii) a DNA specimen, taken in accordance with Section 53-10-404, if a set has not
2213
already been provided;
2214
(viii) telephone numbers and any other designations used by the offender for routing
2215
or self-identification in telephonic communications from fixed locations or
2216
cellular telephones;
2217
(ix) online identifiers and the addresses the offender uses for routing or
2218
self-identification in Internet communications or postings;
2219
(x) the name and Internet address of all websites on which the offender is registered
2220
using an online identifier, including all online identifiers used to access those
2221
websites;
2222
(xi) a copy of the offender's passport, if a passport has been issued to the offender;
2223
(xii) if the offender is an alien, all documents establishing the offender's immigration
2224
status;
2225
(xiii) all professional licenses that authorize the offender to engage in an occupation
2226
or carry out a trade or business, including any identifiers, such as numbers;
2227
(xiv) each educational institution in Utah at which the offender is employed or is a
2228
student, and a change of enrollment or employment status of the offender at an
2229
educational institution;
2230
(xv) the name, the telephone number, and the address of a place where the offender is
2231
employed or will be employed;
2232
(xvi) the name, the telephone number, and the address of a place where the offender
2233
works as a volunteer or will work as a volunteer; and
2234
(xvii) the offender's social security number.
2235
(b) The department shall redact information regarding the identity or location of a victim
- 66 - 12-20 16:50 S.B. 41
2236
from information provided under Subsection (4)(a).
2237
(5) Notwithstanding Subsections (4)(a)(ix) and (x) and 53-29-404(7), an offender is not
2238
required to provide the department with:
2239
(a) the offender's online identifier and password used exclusively for the offender's
2240
employment on equipment provided by an employer and used to access the
2241
employer's private network; or
2242
(b) online identifiers for the offender's financial accounts, including a bank, retirement,
2243
or investment account.
2244
(6) Notwithstanding Title 77, Chapter 40a, Expungement of Criminal Records, an offender
2245
convicted of a registrable offense is required to register in accordance with this section
2246
unless the offender is removed from the registry under Section 53-29-207.
2247
(7) Except as provided in Subsection 53-29-404(7), in the case of an offender adjudicated in
2248
another jurisdiction as a juvenile and required to register under this chapter, the offender
2249
shall register in the time period and in the frequency consistent with the requirements of
2250
Subsection (3).
2251
(8)(a) An offender required to register on the registry shall, in the month of the
2252
offender's birth:
2253
(i) pay to the department an annual fee of $100 each year the offender is subject to
2254
the registration requirements of this chapter; and
2255
(ii) pay to the registering agency, if the registering agency is an agency other than the
2256
department, an annual fee of not more than $25, which may be assessed by that
2257
agency for providing registration.
2258
(b) Notwithstanding Subsection (8)(a), an offender who is confined in a secure facility
2259
or in a state mental hospital is not required to pay the annual fee.
2260
(c) The department shall deposit fees collected in accordance with this chapter into the
2261
General Fund as a dedicated credit, to be used by the department for maintaining the
2262
offender registry under this chapter and monitoring offender registration compliance,
2263
including the costs of:
2264
(i) data entry;
2265
(ii) processing registration packets;
2266
(iii) updating registry information; and
2267
(iv) reporting an offender not in compliance with registration requirements to a law
2268
enforcement agency.
2269
Section 28. Section 53-29-305 is enacted to read:
- 67 - S.B. 41 12-20 16:50
2270
53-29-305 (Effective 05/07/25). Failing to register or providing false or
2271
incomplete information -- Penalties.
2272
(1) An offender who knowingly fails to register under this chapter or provides false or
2273
incomplete information is guilty of:
2274
(a) a third degree felony and shall be sentenced to serve a term of incarceration of not
2275
less than 30 days and also at least one year of probation if:
2276
(i) the offender is required to register for a registrable offense that is a felony or
2277
adjudicated delinquent for a registrable offense committed before May 3, 2023,
2278
that would be a felony if the juvenile were an adult; or
2279
(ii) the offender is required to register for the offender's lifetime as described in
2280
Subsection 53-29-203(1)(b); or
2281
(b) a class A misdemeanor and shall be sentenced to serve a term of incarceration of not
2282
less than 30 days and also at least one year of probation if the offender is required to
2283
register for a misdemeanor conviction that is a registrable offense or is adjudicated
2284
delinquent for a registrable offense committed before May 3, 2023, that would be a
2285
misdemeanor if the juvenile were an adult.
2286
(2)(a) The court or Board of Pardons and Parole may not release an individual who
2287
violates this chapter from serving the term required under Subsection (1).
2288
(b) This Subsection (2) supersedes any other provision of the law contrary to this chapter.
2289
(3) The offender shall register for an additional year for every year in which the offender
2290
does not comply with the registration requirements of this chapter.
2291
Section 29. Section 53-29-306, which is renumbered from Section 77-27-21.7 is renumbered
2291
and amended to read:
2293
[77-27-21.7] 53-29-306 (Effective 05/07/25). Sex offender restrictions.
2294
(1) As used in this section:
2295
(a) "Condominium project" means the same as that term is defined in Section 57-8-3.
2296
(b) "Minor" means an individual who is younger than 18 years old[;] .
2297
(c)(i) "Protected area" means the premises occupied by:
2298
(A) a licensed day care or preschool facility;
2299
(B) a public swimming pool or a swimming pool maintained, operated, or owned
2300
by a homeowners' association, condominium project, or apartment complex;
2301
(C) a public or private primary or secondary school that is not on the grounds of a
2302
correctional facility;
2303
(D) a community park that is open to the public or a park maintained, operated, or
- 68 - 12-20 16:50 S.B. 41
2304
owned by a homeowners' association, condominium project, or apartment
2305
complex;
2306
(E) a public playground or a playground maintained, operated, or owned by a
2307
homeowners' association, condominium project, or apartment complex,
2308
including those areas designed to provide minors with space, recreational
2309
equipment, or other amenities intended to allow minors to engage in physical
2310
activity; and
2311
(F) except as provided in Subsection (1)(c)(ii), an area that is 1,000 feet or less
2312
from the residence of a victim of the sex offender if the sex offender is subject
2313
to a victim requested restriction.
2314
(ii) "Protected area" does not include:
2315
(A) the area described in Subsection (1)(c)(i)(F) if the victim is a member of the
2316
immediate family of the sex offender and the terms of the sex offender's
2317
agreement of probation or parole allow the sex offender to reside in the same
2318
residence as the victim;
2319
(B) a park, playground, or swimming pool located on the property of a residential
2320
home;
2321
(C) a park or swimming pool that prohibits minors at all times from using the park
2322
or swimming pool; or
2323
(D) a park or swimming pool maintained, operated, or owned by a homeowners'
2324
association, condominium project, or apartment complex established for
2325
residents 55 years old or older if no minors are present at the park or swimming
2326
pool at the time the sex offender is present at the park or swimming pool.
2327
[(d) "Sex offender" means an adult or juvenile who is required to register in accordance
2328
with Title 77, Chapter 41, Sex, Kidnap, and Child Abuse Offender Registry, due to a
2329
conviction for an offense that is committed against a person younger than 18 years
2330
old.]
2331
(2) For purposes of Subsection (1)(c)(i)(F), a sex offender who has committed a registrable
2332
offense against an individual younger than 18 years old is subject to a victim requested
2333
restriction if:
2334
(a) the sex offender is on probation or parole for an offense that requires the offender to
2335
register in accordance with [Title 77, Chapter 41, Sex, Kidnap, and Child Abuse
2336
Offender Registry] this chapter;
2337
(b) the victim or the victim's parent or guardian advises the [Department of Public Safety]
- 69 - S.B. 41 12-20 16:50
2338
department that the victim elects to restrict the sex offender from the area and
2339
authorizes the [Department of Public Safety] department to advise the sex offender of
2340
the area where the victim resides; and
2341
(c) the [Department of Public Safety] department notifies the sex offender in writing that
2342
the sex offender is prohibited from being in the area described in Subsection
2343
(1)(c)(i)(F) and provides a description of the location of the protected area to the sex
2344
offender.
2345
(3) A sex offender who has committed a registrable offense against an individual younger
2346
than 18 years old may not:
2347
(a) be in a protected area except:
2348
(i) when the sex offender must be in a protected area to perform the sex offender's
2349
parental responsibilities;
2350
(ii)(A) when the protected area is a public or private primary or secondary school;
2351
and
2352
(B) the school is open and being used for a public activity other than a
2353
school-related function that involves a minor; or
2354
(iii)(A) if the protected area is a licensed day care or preschool facility located
2355
within a building that is open to the public for purposes other than the
2356
operation of the day care or preschool facility; and
2357
(B) the sex offender does not enter a part of the building that is occupied by the
2358
day care or preschool facility; or
2359
(b) serve as an athletic coach, manager, or trainer for a sports team of which a minor
2360
who is younger than 18 years old is a member.
2361
(4) A sex offender who violates this section is guilty of:
2362
(a) a class A misdemeanor; or
2363
(b) if previously convicted of violating this section within the last ten years, a third
2364
degree felony.
2365
Section 30. Section 53-29-307, which is renumbered from Section 77-27-21.8 is renumbered
2365
and amended to read:
2367
[77-27-21.8] 53-29-307 (Effective 05/07/25). Sex offender in presence of a child -- Definitions
2368
-- Penalties.
2369
(1) As used in this section:
2370
(a) "Accompany" means:
2371
(i) to be in the presence of an individual; and
- 70 - 12-20 16:50 S.B. 41
2372
(ii) to move or travel with that individual from one location to another, whether
2373
outdoors, indoors, or in or on any type of vehicle.
2374
(b) "Child" means an individual younger than 14 years [of age] old.
2375
(2) A sex offender subject to registration in accordance with [Title 77, Chapter 41, Sex,
2376
Kidnap, and Child Abuse Offender Registry] this chapter, for [an] a registrable offense
2377
committed or attempted to be committed against a child younger than 14 years [of age]
2378
old is guilty of a class A misdemeanor if the sex offender requests, invites, or solicits a
2379
child to accompany the sex offender, under circumstances that do not constitute an
2380
attempt to violate Section 76-5-301.1, child kidnapping, unless:
2381
(a)(i) the sex offender, prior to accompanying the child:
2382
(A) verbally advises the child's parent or legal guardian that the sex offender is on
2383
the state sex offender registry and is required by state law to obtain written
2384
permission in order for the sex offender to accompany the child; and
2385
(B) requests that the child's parent or legal guardian provide written authorization
2386
for the sex offender to accompany the child, including the specific dates and
2387
locations;
2388
(ii) the child's parent or legal guardian has provided to the sex offender written
2389
authorization, including the specific dates and locations, for the sex offender to
2390
accompany the child; and
2391
(iii) the sex offender has possession of the written authorization and is accompanying
2392
the child only at the dates and locations specified in the authorization;
2393
(b) the child's parent or guardian has verbally authorized the sex offender to accompany
2394
the child either in the child's residence or on property appurtenant to the child's
2395
residence, but in no other locations; or
2396
(c) the child is the natural child of the sex offender, and the offender is not prohibited by
2397
any court order, or probation or parole provision, from contact with the child.
2398
(3)(a) A sex offender convicted of a violation of Subsection (2) is subject to registration
2399
in accordance with [Title 77, Chapter 41, Sex, Kidnap, and Child Abuse Offender
2400
Registry] this chapter, for an additional five years subsequent to the required
2401
registration [under Section 77-41-105] described in Section 53-29-203.
2402
(b) The period of additional registration imposed under Subsection (3)(a) is also in
2403
addition to any period of registration imposed under Subsection [77-41-107(3)]
2404
53-29-305(3) for failure to comply with registration requirements.
2405
(4) It is not a defense to a prosecution under this section that the defendant mistakenly
- 71 - S.B. 41 12-20 16:50
2406
believed the individual to be 14 years [of age] old or older at the time of the offense or
2407
was unaware of the individual's true age.
2408
(5) This section does not apply if a sex offender is acting to rescue a child who is in an
2409
emergency and life-threatening situation.
2410
Section 31. Section 53-29-401 is enacted to read:
2411
Part 4. Department Functions Related to the Registry
2412
53-29-401 (Effective 05/07/25). Definitions.
2413
Reserved.
2414
Section 32. Section 53-29-402 is enacted to read:
2415
53-29-402 (Effective 05/07/25). Department responsibilities related to the
2416
registry.
2417
(1) The department shall:
2418
(a) maintain the registration website;
2419
(b) ensure that the registration information collected regarding an offender's enrollment
2420
or employment at an educational institution is:
2421
(i)(A) promptly made available to any law enforcement agency that has
2422
jurisdiction where the institution is located if the educational institution is an
2423
institution of higher education; or
2424
(B) promptly made available to the district superintendent of the school district
2425
where the offender is employed if the educational institution is an institution of
2426
primary education; and
2427
(ii) entered into the appropriate state records or data system; and
2428
(c) make available to an offender the name of the local law enforcement agency or state
2429
agency that the offender should contact to register, the location for registering, and
2430
the requirements of registration.
2431
(2)(a) When the department receives offender registration information regarding a
2432
change of an offender's primary residence, the department shall, within five days
2433
after the day on which the department receives the information, electronically notify
2434
the law enforcement agencies that have jurisdiction over the area where:
2435
(i) the residence that the offender is leaving is located; and
2436
(ii) the residence to which the offender is moving is located.
2437
(b) The department shall provide notification under Subsection (2)(a) if the offender's
2438
change of address is:
- 72 - 12-20 16:50 S.B. 41
2439
(i) between law enforcement agency jurisdictions; or
2440
(ii) within one law enforcement agency jurisdiction.
2441
(3) The department may make administrative rules necessary to implement this chapter,
2442
including:
2443
(a) the method for dissemination of the information; and
2444
(b) instructions to the public regarding the use of the information.
2445
Section 33. Section 53-29-403 is enacted to read:
2446
53-29-403 (Effective 05/07/25). Intervention in legal action by the department.
2447
(1) Subject to Subsection (2), the department may intervene in any matter, including a
2448
criminal action, where the matter purports to affect an individual's registration
2449
requirements under this chapter.
2450
(2) The department may only file a motion to intervene under Subsection (1) within 60 days
2451
after the day on which:
2452
(a) the sentencing court enters a judgment or sentence against an individual for a
2453
registrable offense, if the details of the written plea agreement, judgment, or sentence
2454
indicate that the individual's registration requirements under this chapter could be
2455
affected; or
2456
(b) a court modifies, withdraws, sets aside, vacates, or otherwise alters an individual's
2457
conviction for a registrable offense, affecting the individual's registration requirement
2458
under this chapter if the written plea agreement, judgment, or sentence entered at the
2459
time the individual was sentenced did not indicate that the individual's registration
2460
requirement could be affected.
2461
Section 34. Section 53-29-404 is enacted to read:
2462
53-29-404 (Effective 05/07/25). Sex, Kidnap, and Child Abuse Offender
2463
Notification and Registration website.
2464
(1) The department shall maintain a Sex, Kidnap, and Child Abuse Offender Notification
2465
and Registration website on the Internet available to the public.
2466
(2) The registration website shall be indexed by both the surname of the offender and by
2467
postal codes.
2468
(3)(a) Except as provided in Subsection (3)(b), the registration website shall include the
2469
following information:
2470
(i) all names and aliases by which the offender is or has been known, but not
2471
including any online identifiers;
2472
(ii) the addresses of the offender's primary, secondary, and temporary residences;
- 73 - S.B. 41 12-20 16:50
2473
(iii) a physical description, including the offender's date of birth, height, weight, eye
2474
color, and hair color;
2475
(iv) the make, model, color, year, and plate number of any vehicle or vehicles the
2476
offender owns or regularly drives;
2477
(v) a current photograph of the offender;
2478
(vi) a list of all professional licenses that authorize the offender to engage in an
2479
occupation or carry out a trade or business;
2480
(vii) each educational institution in Utah at which the offender is employed or is a
2481
student;
2482
(viii) a list of places where the offender works as a volunteer;
2483
(ix) any registrable offenses for which the offender has been convicted or
2484
adjudicated; and
2485
(x) other relevant identifying information of the offender as determined by the
2486
department.
2487
(b) The department shall redact any information the department receives under
2488
Subsection (3)(a) that, if disclosed, could reasonably identify a victim.
2489
(4)(a) The department shall enable the public to search the registration website to
2490
determine if the following search criteria are linked to an offender:
2491
(i) telephone numbers or other designations for an offender provided under
2492
Subsection 53-29-304(4)(a)(vii);
2493
(ii) online identifiers or other addresses for an offender provided under Subsection
2494
53-29-304(4)(a)(ix); and
2495
(iii) names and Internet addresses of websites on which an offender is registered
2496
using an online identifier, including the online identifier used to access the
2497
website.
2498
(b) The department shall ensure that a search performed using the criteria in Subsection
2499
(4)(a):
2500
(i) provides the individual requesting the search with only information regarding
2501
whether the criteria are linked to an offender; and
2502
(ii) does not return the name or any other identifying information about an offender.
2503
(c) The department is not required to:
2504
(i) report the results of the search under Subsection (4)(a) to a law enforcement
2505
agency; or
2506
(ii) based on the results of a search under Subsection (4)(a), open an investigation.
- 74 - 12-20 16:50 S.B. 41
2507
(5)(a) Subject to Subsection (5)(b), the department shall place a disclaimer on the
2508
registration website informing the public that:
2509
(i) the information contained on the site is obtained from offenders and the
2510
department does not guarantee the information's accuracy or completeness;
2511
(ii) members of the public are not allowed to use the information to harass or threaten
2512
an offender or a member of an offender's family; and
2513
(iii) harassment, stalking, or threats against an offender or an offender's family are
2514
prohibited and may violate Utah criminal laws.
2515
(b) Before a user may access the registry website, the department shall require the user
2516
to indicate that the user has read the disclaimer, understands the disclaimer, and
2517
agrees to comply with the disclaimer's terms.
2518
(6)(a) If an offender was under 18 years old at the time of committing a registrable
2519
offense described in Subsection 53-29-202(1)(a), (c), or (f), and as a result is required
2520
to register on the registry, the department shall maintain, but not publish, the
2521
offender's information on the registration website.
2522
(b)(i) If, based on the information provided to the department by the sentencing
2523
court, prosecuting entity, offender, or offender's counsel, the department cannot
2524
determine whether the offender is eligible for an exemption to publication on the
2525
registration website as described in Subsection (6)(a), the department shall
2526
continue to publish the offender's information on the registration website.
2527
(ii) Information may be provided to the department at any time in order to clarify the
2528
offender's age at the time the offender committed the registrable offense.
2529
(iii) This section does not prohibit the department from seeking or receiving
2530
information from individuals or entities other than those identified in Subsection
2531
(6)(b)(i).
2532
(c) This Subsection (6):
2533
(i) applies to an offender with a registration requirement on or after May 3, 2023,
2534
regardless of when the offender was first required to register; and
2535
(ii) does not apply to an offender who is required to register for the offender's lifetime
2536
due to the offender being convicted of two or more registrable offenses or being
2537
convicted of one registrable offense and, at the time of the conviction for the
2538
registrable offense, being previously required to register as an offender for an
2539
offense committed as a juvenile as described in Subsection 53-29-203(1)(b).
2540
(7) In the case of an offender adjudicated in an external jurisdiction as a juvenile and
- 75 - S.B. 41 12-20 16:50
2541
required to register under this chapter the department shall maintain, but not publish, the
2542
offender's information on the registration website if the external jurisdiction where the
2543
juvenile offender was adjudicated does not publish the juvenile offender's information
2544
on a public website.
2545
(8) Any information in the department's possession not listed in Subsection (3)(a) that is not
2546
available to the public shall be shared:
2547
(a) for a purpose under this chapter; or
2548
(b) in accordance with Section 63G-2-206.
2549
Section 35. Section 53-29-405 is enacted to read:
2550
53-29-405 (Effective 05/07/25). Removal for offenses or convictions for which
2551
registration is no longer required.
2552
(1) The department shall automatically remove an individual who is currently on the
2553
registry if:
2554
(a) the only offense or offenses for which the individual is on the registry are listed in
2555
Subsection (2); or
2556
(b) the department receives a formal notification or order from the court or the Board of
2557
Pardons and Parole that the conviction for the registrable offense for which the
2558
individual is on the registry has been reversed, vacated, or pardoned.
2559
(2) The offenses described in Subsection (1)(a) are:
2560
(a) a class B or class C misdemeanor for enticing a minor under Section 76-4-401;
2561
(b) kidnapping under Subsection 76-5-301(2)(a) or (b);
2562
(c) child kidnapping under Section 76-5-301.1, if the offender was the natural parent of
2563
the child victim;
2564
(d) unlawful detention under Section 76-5-304;
2565
(e) a third degree felony for unlawful sexual intercourse before 1986, or a class B
2566
misdemeanor for unlawful sexual intercourse, under Section 76-5-401; or
2567
(f) sodomy, but not forcible sodomy, under Section 76-5-403.
2568
(3) The department shall notify an individual who has been removed from the registry in
2569
accordance with Subsection (1) and inform the individual in the notice that the
2570
individual is no longer required to register as an offender.
2571
(4) An individual who is currently on the registry may submit a request to the department to
2572
be removed from the registry if the individual believes that the individual qualifies for
2573
removal under Subsection (1).
2574
(5) The department, upon receipt of a request for removal from the registry in accordance
- 76 - 12-20 16:50 S.B. 41
2575
with this section, shall:
2576
(a) check the registry for the individual's current status;
2577
(b) determine whether the individual qualifies for removal based upon this section; and
2578
(c) notify the individual in writing of the department's determination and whether the
2579
individual:
2580
(i) qualifies for removal from the registry; or
2581
(ii) does not qualify for removal.
2582
(6) If the department determines that the individual qualifies for removal from the registry,
2583
the department shall remove the offender from the registry.
2584
(7)(a) If the department determines that the individual does not qualify for removal
2585
from the registry, the department shall provide an explanation in writing for the
2586
department's determination.
2587
(b) The department's determination under Subsection (7)(a) is final and not subject to
2588
administrative review.
2589
(8) The department or an employee of the department is not civilly liable for a
2590
determination made in good faith in accordance with this section.
2591
(9)(a) The department shall provide a response to a request for removal within 30 days
2592
after the day on which the department receives the request.
2593
(b) If the response under Subsection (9)(a) cannot be provided within 30 days after the
2594
day on which the department receives the request, the department shall notify the
2595
individual that the response may be delayed up to 30 additional days.
2596
Section 36. Section 57-8-3 is amended to read:
2597
57-8-3 (Effective 05/07/25). Definitions.
2598
As used in this chapter:
2599
(1) "Assessment" means any charge imposed by the association, including:
2600
(a) common expenses on or against a unit owner pursuant to the provisions of the
2601
declaration, bylaws, or this chapter; and
2602
(b) an amount that an association of unit owners assesses to a unit owner under
2603
Subsection 57-8-43(9)(g).
2604
(2) "Association of unit owners" or "association" means all of the unit owners:
2605
(a) acting as a group in accordance with the declaration and bylaws; or
2606
(b) organized as a legal entity in accordance with the declaration.
2607
(3) "Building" means a building, containing units, and comprising a part of the property.
2608
(4) "Commercial condominium project" means a condominium project that has no
- 77 - S.B. 41 12-20 16:50
2609
residential units within the project.
2610
(5) "Common areas and facilities" unless otherwise provided in the declaration or lawful
2611
amendments to the declaration means:
2612
(a) the land included within the condominium project, whether leasehold or in fee
2613
simple;
2614
(b) the foundations, columns, girders, beams, supports, main walls, roofs, halls,
2615
corridors, lobbies, stairs, stairways, fire escapes, entrances, and exits of the building;
2616
(c) the basements, yards, gardens, parking areas, and storage spaces;
2617
(d) the premises for lodging of janitors or persons in charge of the property;
2618
(e) installations of central services such as power, light, gas, hot and cold water, heating,
2619
refrigeration, air conditioning, and incinerating;
2620
(f) the elevators, tanks, pumps, motors, fans, compressors, ducts, and in general all
2621
apparatus and installations existing for common use;
2622
(g) such community and commercial facilities as may be provided for in the declaration;
2623
and
2624
(h) all other parts of the property necessary or convenient to its existence, maintenance,
2625
and safety, or normally in common use.
2626
(6) "Common expenses" means:
2627
(a) all sums lawfully assessed against the unit owners;
2628
(b) expenses of administration, maintenance, repair, or replacement of the common areas
2629
and facilities;
2630
(c) expenses agreed upon as common expenses by the association of unit owners; and
2631
(d) expenses declared common expenses by this chapter, or by the declaration or the
2632
bylaws.
2633
(7) "Common profits," unless otherwise provided in the declaration or lawful amendments
2634
to the declaration, means the balance of all income, rents, profits, and revenues from the
2635
common areas and facilities remaining after the deduction of the common expenses.
2636
(8) "Condominium" means the ownership of a single unit in a multiunit project together
2637
with an undivided interest in common in the common areas and facilities of the property.
2638
(9) "Condominium plat" means a plat or plats of survey of land and units prepared in
2639
accordance with Section 57-8-13.
2640
(10) "Condominium project" means a real estate condominium project; a plan or project
2641
whereby two or more units, whether contained in existing or proposed apartments,
2642
commercial or industrial buildings or structures, or otherwise, are separately offered or
- 78 - 12-20 16:50 S.B. 41
2643
proposed to be offered for sale. Condominium project also means the property when the
2644
context so requires.
2645
(11) "Condominium unit" means a unit together with the undivided interest in the common
2646
areas and facilities appertaining to that unit. Any reference in this chapter to a
2647
condominium unit includes both a physical unit together with its appurtenant undivided
2648
interest in the common areas and facilities and a time period unit together with its
2649
appurtenant undivided interest, unless the reference is specifically limited to a time
2650
period unit.
2651
(12) "Contractible condominium" means a condominium project from which one or more
2652
portions of the land within the project may be withdrawn in accordance with provisions
2653
of the declaration and of this chapter. If the withdrawal can occur only by the expiration
2654
or termination of one or more leases, then the condominium project is not a contractible
2655
condominium within the meaning of this chapter.
2656
(13) "Convertible land" means a building site which is a portion of the common areas and
2657
facilities, described by metes and bounds, within which additional units or limited
2658
common areas and facilities may be created in accordance with this chapter.
2659
(14) "Convertible space" means a portion of the structure within the condominium project,
2660
which portion may be converted into one or more units or common areas and facilities,
2661
including limited common areas and facilities in accordance with this chapter.
2662
(15) "Declarant" means all persons who execute the declaration or on whose behalf the
2663
declaration is executed. From the time of the recordation of any amendment to the
2664
declaration expanding an expandable condominium, all persons who execute that
2665
amendment or on whose behalf that amendment is executed shall also come within this
2666
definition. Any successors of the persons referred to in this subsection who come to
2667
stand in the same relation to the condominium project as their predecessors also come
2668
within this definition.
2669
(16) "Declaration" means the instrument by which the property is submitted to the
2670
provisions of this act, as it from time to time may be lawfully amended.
2671
(17) "Electrical corporation" means the same as that term is defined in Section 54-2-1.
2672
(18) "Expandable condominium" means a condominium project to which additional land or
2673
an interest in it may be added in accordance with the declaration and this chapter.
2674
(19) "Gas corporation" means the same as that term is defined in Section 54-2-1.
2675
(20) "Governing documents":
2676
(a) means a written instrument by which an association of unit owners may:
- 79 - S.B. 41 12-20 16:50
2677
(i) exercise powers; or
2678
(ii) manage, maintain, or otherwise affect the property under the jurisdiction of the
2679
association of unit owners; and
2680
(b) includes:
2681
(i) articles of incorporation;
2682
(ii) bylaws;
2683
(iii) a plat;
2684
(iv) a declaration of covenants, conditions, and restrictions; and
2685
(v) rules of the association of unit owners.
2686
(21) "Independent third party" means a person that:
2687
(a) is not related to the unit owner;
2688
(b) shares no pecuniary interests with the unit owner; and
2689
(c) purchases the unit in good faith and without the intent to defraud a current or future
2690
lienholder.
2691
(22) "Judicial foreclosure" means a foreclosure of a unit:
2692
(a) for the nonpayment of an assessment;
2693
(b) in the manner provided by law for the foreclosure of a mortgage on real property; and
2694
(c) as provided in this chapter.
2695
(23) "Leasehold condominium" means a condominium project in all or any portion of
2696
which each unit owner owns an estate for years in his unit, or in the land upon which
2697
that unit is situated, or both, with all those leasehold interests to expire naturally at the
2698
same time. A condominium project including leased land, or an interest in the land,
2699
upon which no units are situated or to be situated is not a leasehold condominium within
2700
the meaning of this chapter.
2701
(24) "Limited common areas and facilities" means those common areas and facilities
2702
designated in the declaration as reserved for use of a certain unit or units to the exclusion
2703
of the other units.
2704
(25) "Majority" or "majority of the unit owners," unless otherwise provided in the
2705
declaration or lawful amendments to the declaration, means the owners of more than
2706
50% in the aggregate in interest of the undivided ownership of the common areas and
2707
facilities.
2708
(26) "Management committee" means the committee as provided in the declaration charged
2709
with and having the responsibility and authority to make and to enforce all of the
2710
reasonable rules covering the operation and maintenance of the property.
- 80 - 12-20 16:50 S.B. 41
2711
(27) "Management committee meeting" means a gathering of a management committee,
2712
whether in person or by means of electronic communication, at which the management
2713
committee can take binding action.
2714
(28)(a) "Means of electronic communication" means an electronic system that allows
2715
individuals to communicate orally in real time.
2716
(b) "Means of electronic communication" includes:
2717
(i) web conferencing;
2718
(ii) video conferencing; and
2719
(iii) telephone conferencing.
2720
(29) "Mixed-use condominium project" means a condominium project that has both
2721
residential and commercial units in the condominium project.
2722
(30) "Nonjudicial foreclosure" means the sale of a unit:
2723
(a) for the nonpayment of an assessment;
2724
(b) in the same manner as the sale of trust property under Sections 57-1-19 through
2725
57-1-34; and
2726
(c) as provided in this chapter.
2727
(31) "Par value" means a number of dollars or points assigned to each unit by the
2728
declaration. Substantially identical units shall be assigned the same par value, but units
2729
located at substantially different heights above the ground, or having substantially
2730
different views, or having substantially different amenities or other characteristics that
2731
might result in differences in market value, may be considered substantially identical
2732
within the meaning of this subsection. If par value is stated in terms of dollars, that
2733
statement may not be considered to reflect or control the sales price or fair market value
2734
of any unit, and no opinion, appraisal, or fair market transaction at a different figure may
2735
affect the par value of any unit, or any undivided interest in the common areas and
2736
facilities, voting rights in the unit owners' association, liability for common expenses, or
2737
right to common profits, assigned on the basis thereof.
2738
(32) "Period of administrative control" means the period of control described in Subsection
2739
57-8-16.5(1).
2740
(33) "Person" means an individual, corporation, partnership, association, trustee, or other
2741
legal entity.
2742
(34) "Political sign" means any sign or document that advocates:
2743
(a) the election or defeat of a candidate for public office; or
2744
(b) the approval or defeat of a ballot proposition.
- 81 - S.B. 41 12-20 16:50
2745
(35) "Property" means the land, whether leasehold or in fee simple, the building, if any, all
2746
improvements and structures thereon, all easements, rights, and appurtenances belonging
2747
thereto, and all articles of personal property intended for use in connection therewith.
2748
(36) "Protected area" means the same as that term is defined in Section [77-27-21.7]
2749
53-29-306.
2750
(37) "Record," "recording," "recorded," and "recorder" have the meaning stated in Chapter
2751
3, Recording of Documents.
2752
(38) "Rentals" or "rental unit" means:
2753
(a) a unit that:
2754
(i) is not owned by an entity or trust; and
2755
(ii) is occupied by an individual while the unit owner is not occupying the unit as the
2756
unit owner's primary residence; or
2757
(b) an occupied unit owned by an entity or trust, regardless of who occupies the unit.
2758
(39) "Size" means the number of cubic feet, or the number of square feet of ground or floor
2759
space, within each unit as computed by reference to the record of survey map and
2760
rounded off to a whole number. Certain spaces within the units including attic,
2761
basement, or garage space may be omitted from the calculation or be partially
2762
discounted by the use of a ratio, if the same basis of calculation is employed for all units
2763
in the condominium project and if that basis is described in the declaration.
2764
(40) "Time period unit" means an annually recurring part or parts of a year specified in the
2765
declaration as a period for which a unit is separately owned and includes a timeshare
2766
estate as defined in Section 57-19-2.
2767
(41) "Unconstructed unit" means a unit that:
2768
(a) is intended, as depicted in the condominium plat, to be fully or partially contained in
2769
a building; and
2770
(b) is not constructed.
2771
(42)(a) "Unit" means a separate part of the property intended for any type of
2772
independent use, which is created by the recording of a declaration and a
2773
condominium plat that describes the unit boundaries.
2774
(b) "Unit" includes one or more rooms or spaces located in one or more floors or a
2775
portion of a floor in a building.
2776
(c) "Unit" includes a convertible space, in accordance with Subsection 57-8-13.4(3).
2777
(43) "Unit number" means the number, letter, or combination of numbers and letters
2778
designating the unit in the declaration and in the record of survey map.
- 82 - 12-20 16:50 S.B. 41
2779
(44) "Unit owner" means the person or persons owning a unit in fee simple and an
2780
undivided interest in the fee simple estate of the common areas and facilities in the
2781
percentage specified and established in the declaration or, in the case of a leasehold
2782
condominium project, the person or persons whose leasehold interest or interests in the
2783
condominium unit extend for the entire balance of the unexpired term or terms.
2784
(45) "Water wise landscaping" means:
2785
(a) installation of plant materials, suited to the microclimate and soil conditions, that can:
2786
(i) remain healthy with minimal irrigation once established; or
2787
(ii) be maintained without the use of overhead spray irrigation;
2788
(b) use of water for outdoor irrigation through proper and efficient irrigation design and
2789
water application; or
2790
(c) use of other landscape design features that:
2791
(i) minimize the landscape's need for supplemental water from irrigation;
2792
(ii) reduce the landscape area dedicated to lawn or turf; or
2793
(iii) encourage vegetative coverage.
2794
(46) "Water wise plant material" means a plant material suited to water wise landscaping.
2795
Section 37. Section 57-8-8.1 is amended to read:
2796
57-8-8.1 (Effective 05/07/25). Equal treatment by rules required -- Limits on
2797
rules.
2798
(1)(a) Except as provided in Subsection (1)(b), a rule shall treat similarly situated unit
2799
owners similarly.
2800
(b) Notwithstanding Subsection (1)(a), a rule may:
2801
(i) vary according to the level and type of service that the association of unit owners
2802
provides to unit owners;
2803
(ii) differ between residential and nonresidential uses; or
2804
(iii) for a unit that a unit owner leases for a term of less than 30 days, impose a
2805
reasonable limit on the number of individuals that may use the common areas and
2806
facilities as the rental unit tenant's guest or as the unit owner's guest.
2807
(2)(a) If a unit owner owns a rental unit and is in compliance with the association of
2808
unit owners' governing documents and any rule that the association of unit owners
2809
adopts under Subsection (5), a rule may not treat the unit owner differently because
2810
the unit owner owns a rental unit.
2811
(b) Notwithstanding Subsection (2)(a), a rule may:
2812
(i) limit or prohibit a rental unit owner from using the common areas and facilities for
- 83 - S.B. 41 12-20 16:50
2813
purposes other than attending an association meeting or managing the rental unit;
2814
(ii) if the rental unit owner retains the right to use the association of unit owners'
2815
common areas and facilities, even occasionally:
2816
(A) charge a rental unit owner a fee to use the common areas and facilities; and
2817
(B) for a unit that a unit owner leases for a term of less than 30 days, impose a
2818
reasonable limit on the number of individuals that may use the common areas
2819
and facilities as the rental unit tenant's guest or as the unit owner's guest; or
2820
(iii) include a provision in the association of unit owners' governing documents that:
2821
(A) requires each tenant of a rental unit to abide by the terms of the governing
2822
documents; and
2823
(B) holds the tenant and the rental unit owner jointly and severally liable for a
2824
violation of a provision of the governing documents.
2825
(3)(a) A rule may not interfere with the freedom of a unit owner to determine the
2826
composition of the unit owner's household.
2827
(b) Notwithstanding Subsection (3)(a), an association of unit owners may:
2828
(i) require that all occupants of a dwelling be members of a single housekeeping unit;
2829
or
2830
(ii) limit the total number of occupants permitted in each residential dwelling on the
2831
basis of the residential dwelling's:
2832
(A) size and facilities; and
2833
(B) fair use of the common areas and facilities.
2834
(4) Unless contrary to a declaration, a rule may require a minimum lease term.
2835
(5) Unless otherwise provided in the declaration, an association of unit owners may by rule:
2836
(a) regulate the use, maintenance, repair, replacement, and modification of common
2837
areas and facilities;
2838
(b) impose and receive any payment, fee, or charge for:
2839
(i) the use, rental, or operation of the common areas, except limited common areas
2840
and facilities; and
2841
(ii) a service provided to a unit owner;
2842
(c) impose a charge for a late payment of an assessment; or
2843
(d) provide for the indemnification of the association of unit owners' officers and
2844
management committee consistent with Title 16, Chapter 6a, Utah Revised Nonprofit
2845
Corporation Act.
2846
(6)(a) Except as provided in Subsection (6)(b), a rule may not prohibit a unit owner
- 84 - 12-20 16:50 S.B. 41
2847
from installing a personal security camera immediately adjacent to the entryway,
2848
window, or other outside entry point of the owner's condominium unit.
2849
(b) A rule may prohibit a unit owner from installing a personal security camera in a
2850
common area not physically connected to the owner's unit.
2851
(7)(a) A rule may not abridge the right of a unit owner to display a religious or holiday
2852
sign, symbol, or decoration inside the owner's condominium unit.
2853
(b) An association may adopt a reasonable time, place, and manner restriction with
2854
respect to a display that is visible from the exterior of a unit.
2855
(8)(a) A rule may not:
2856
(i) prohibit a unit owner from displaying in a window of the owner's condominium
2857
unit:
2858
(A) a for-sale sign; or
2859
(B) a political sign;
2860
(ii) regulate the content of a political sign; or
2861
(iii) establish design criteria for a political sign.
2862
(b) Notwithstanding Subsection (8)(a), a rule may reasonably regulate the size and time,
2863
place, and manner of posting a for-sale sign or a political sign.
2864
(9) For any area for which one or more unit owners are responsible for landscape
2865
maintenance, the association of unit owners:
2866
(a) shall adopt rules supporting water wise landscaping, including:
2867
(i) low water use requirements on lawns during drought conditions;
2868
(ii) design criterion for water wise landscaping; and
2869
(iii) limiting permissible plant material to specific water wise plant material;
2870
(b) may not prohibit low water use on lawns during drought conditions; and
2871
(c) may not prohibit or restrict the conversion of a grass park strip to water-efficient
2872
landscaping.
2873
(10) A rule may restrict a sex offender from accessing a protected area that is maintained,
2874
operated, or owned by the association, subject to the exceptions described in Subsection [
2875
77-27-21.7(3)] 53-29-306(3).
2876
(11)(a) Except as provided in this Subsection (11), a rule may not prohibit a unit owner
2877
from making modifications, consistent with industry standards, for radon mitigation.
2878
(b) Subsection (11)(a) does not apply if the modifications would violate:
2879
(i) a local land use ordinance;
2880
(ii) a building code;
- 85 - S.B. 41 12-20 16:50
2881
(iii) a health code; or
2882
(iv) a fire code.
2883
(c) A rule governing the placement or external appearance of modifications may apply to
2884
modifications for radon mitigation unless the rule would:
2885
(i) unreasonably interfere with the modifications' functionality; or
2886
(ii) add more than 40% of the modifications' original cost to the cost of installing the
2887
modifications.
2888
(d) A rule may require that a unit owner making modifications related to radon
2889
mitigation:
2890
(i) demonstrate or provide proof of radon contamination; and
2891
(ii) provide proof that the modifications and any related construction will be
2892
performed by a licensed person.
2893
(12) A rule shall be reasonable.
2894
(13) A declaration, or an amendment to a declaration, may vary any of the requirements of
2895
Subsections (1) through (5), except Subsection (1)(b)(ii).
2896
(14) This section applies to an association of unit owners regardless of when the association
2897
of unit owners is created.
2898
Section 38. Section 57-8a-102 is amended to read:
2899
57-8a-102 (Effective 05/07/25). Definitions.
2900
As used in this chapter:
2901
(1)(a) "Assessment" means a charge imposed or levied:
2902
(i) by the association;
2903
(ii) on or against a lot or a lot owner; and
2904
(iii) pursuant to a governing document recorded with the county recorder.
2905
(b) "Assessment" includes:
2906
(i) a common expense; and
2907
(ii) an amount assessed against a lot owner under Subsection 57-8a-405(7).
2908
(2)(a) Except as provided in Subsection (2)(b), "association" means a corporation or
2909
other legal entity, any member of which:
2910
(i) is an owner of a residential lot located within the jurisdiction of the association, as
2911
described in the governing documents; and
2912
(ii) by virtue of membership or ownership of a residential lot is obligated to pay:
2913
(A) real property taxes;
2914
(B) insurance premiums;
- 86 - 12-20 16:50 S.B. 41
2915
(C) maintenance costs; or
2916
(D) for improvement of real property not owned by the member.
2917
(b) "Association" or "homeowner association" does not include an association created
2918
under Chapter 8, Condominium Ownership Act.
2919
(3) "Board meeting" means a gathering of a board, whether in person or by means of
2920
electronic communication, at which the board can take binding action.
2921
(4) "Board of directors" or "board" means the entity, regardless of name, with primary
2922
authority to manage the affairs of the association.
2923
(5) "Common areas" means property that the association:
2924
(a) owns;
2925
(b) maintains;
2926
(c) repairs; or
2927
(d) administers.
2928
(6) "Common expense" means costs incurred by the association to exercise any of the
2929
powers provided for in the association's governing documents.
2930
(7) "Declarant":
2931
(a) means the person who executes a declaration and submits it for recording in the
2932
office of the recorder of the county in which the property described in the declaration
2933
is located; and
2934
(b) includes the person's successor and assign.
2935
(8) "Director" means a member of the board of directors.
2936
(9) "Electrical corporation" means the same as that term is defined in Section 54-2-1.
2937
(10) "Gas corporation" means the same as that term is defined in Section 54-2-1.
2938
(11)(a) "Governing documents" means a written instrument by which the association
2939
may:
2940
(i) exercise powers; or
2941
(ii) manage, maintain, or otherwise affect the property under the jurisdiction of the
2942
association.
2943
(b) "Governing documents" includes:
2944
(i) articles of incorporation;
2945
(ii) bylaws;
2946
(iii) a plat;
2947
(iv) a declaration of covenants, conditions, and restrictions; and
2948
(v) rules of the association.
- 87 - S.B. 41 12-20 16:50
2949
(12) "Independent third party" means a person that:
2950
(a) is not related to the owner of the residential lot;
2951
(b) shares no pecuniary interests with the owner of the residential lot; and
2952
(c) purchases the residential lot in good faith and without the intent to defraud a current
2953
or future lienholder.
2954
(13) "Judicial foreclosure" means a foreclosure of a lot:
2955
(a) for the nonpayment of an assessment;
2956
(b) in the manner provided by law for the foreclosure of a mortgage on real property; and
2957
(c) as provided in Part 3, Collection of Assessments.
2958
(14) "Lease" or "leasing" means regular, exclusive occupancy of a lot:
2959
(a) by a person or persons other than the owner; and
2960
(b) for which the owner receives a consideration or benefit, including a fee, service,
2961
gratuity, or emolument.
2962
(15) "Limited common areas" means common areas described in the declaration and
2963
allocated for the exclusive use of one or more lot owners.
2964
(16) "Lot" means:
2965
(a) a lot, parcel, plot, or other division of land:
2966
(i) designated for separate ownership or occupancy; and
2967
(ii)(A) shown on a recorded subdivision plat; or
2968
(B) the boundaries of which are described in a recorded governing document; or
2969
(b)(i) a unit in a condominium association if the condominium association is a part
2970
of a development; or
2971
(ii) a unit in a real estate cooperative if the real estate cooperative is part of a
2972
development.
2973
(17)(a) "Means of electronic communication" means an electronic system that allows
2974
individuals to communicate orally in real time.
2975
(b) "Means of electronic communication" includes:
2976
(i) web conferencing;
2977
(ii) video conferencing; and
2978
(iii) telephone conferencing.
2979
(18) "Mixed-use project" means a project under this chapter that has both residential and
2980
commercial lots in the project.
2981
(19) "Nonjudicial foreclosure" means the sale of a lot:
2982
(a) for the nonpayment of an assessment;
- 88 - 12-20 16:50 S.B. 41
2983
(b) in the same manner as the sale of trust property under Sections 57-1-19 through
2984
57-1-34; and
2985
(c) as provided in Part 3, Collection of Assessments.
2986
(20) "Period of administrative control" means the period during which the person who filed
2987
the association's governing documents or the person's successor in interest retains
2988
authority to:
2989
(a) appoint or remove members of the association's board of directors; or
2990
(b) exercise power or authority assigned to the association under the association's
2991
governing documents.
2992
(21) "Political sign" means any sign or document that advocates:
2993
(a) the election or defeat of a candidate for public office; or
2994
(b) the approval or defeat of a ballot proposition.
2995
(22) "Protected area" means the same as that term is defined in Section 77-27-21.7.
2996
(23) "Rentals" or "rental lot" means:
2997
(a) a lot that:
2998
(i) is not owned by an entity or trust; and
2999
(ii) is occupied by an individual while the lot owner is not occupying the lot as the lot
3000
owner's primary residence;
3001
(b) an occupied lot owned by an entity or trust, regardless of who occupies the lot; or
3002
(c) an internal accessory dwelling unit as defined in Section 10-9a-530 or 17-27a-526.
3003
(24) "Residential lot" means a lot, the use of which is limited by law, covenant, or
3004
otherwise to primarily residential or recreational purposes.
3005
(25)(a) "Rule" means a policy, guideline, restriction, procedure, or regulation of an
3006
association that:
3007
(i) is not set forth in a contract, easement, article of incorporation, bylaw, or
3008
declaration; and
3009
(ii) governs:
3010
(A) the conduct of persons; or
3011
(B) the use, quality, type, design, or appearance of real property or personal
3012
property.
3013
(b) "Rule" does not include the internal business operating procedures of a board.
3014
(26) "Sex offender" means [the same as that term is defined in Section 77-27-21.7] an
3015
individual who is a sex offender as described in Subsection 53-29-202(2)(b) if the
3016
offense that the individual committed that resulted in the individual being a sex offender
- 89 - S.B. 41 12-20 16:50
3017
was committed against an individual younger than 18 years old.
3018
(27) "Solar energy system" means:
3019
(a) a system that is used to produce electric energy from sunlight; and
3020
(b) the components of the system described in Subsection (27)(a).
3021
Section 39. Section 57-8a-218 is amended to read:
3022
57-8a-218 (Effective 05/07/25). Equal treatment by rules required -- Limits on
3023
association rules and design criteria.
3024
(1)(a) Except as provided in Subsection (1)(b), a rule shall treat similarly situated lot
3025
owners similarly.
3026
(b) Notwithstanding Subsection (1)(a), a rule may:
3027
(i) vary according to the level and type of service that the association provides to lot
3028
owners;
3029
(ii) differ between residential and nonresidential uses; and
3030
(iii) for a lot that an owner leases for a term of less than 30 days, impose a reasonable
3031
limit on the number of individuals who may use the common areas and facilities
3032
as guests of the lot tenant or lot owner.
3033
(2)(a) If a lot owner owns a rental lot and is in compliance with the association's
3034
governing documents and any rule that the association adopts under Subsection (4), a
3035
rule may not treat the lot owner differently because the lot owner owns a rental lot.
3036
(b) Notwithstanding Subsection (2)(a), a rule may:
3037
(i) limit or prohibit a rental lot owner from using the common areas for purposes
3038
other than attending an association meeting or managing the rental lot;
3039
(ii) if the rental lot owner retains the right to use the association's common areas,
3040
even occasionally:
3041
(A) charge a rental lot owner a fee to use the common areas; or
3042
(B) for a lot that an owner leases for a term of less than 30 days, impose a
3043
reasonable limit on the number of individuals who may use the common areas
3044
and facilities as guests of the lot tenant or lot owner; or
3045
(iii) include a provision in the association's governing documents that:
3046
(A) requires each tenant of a rental lot to abide by the terms of the governing
3047
documents; and
3048
(B) holds the tenant and the rental lot owner jointly and severally liable for a
3049
violation of a provision of the governing documents.
3050
(3)(a) A rule criterion may not abridge the rights of a lot owner to display a religious or
- 90 - 12-20 16:50 S.B. 41
3051
holiday sign, symbol, or decoration:
3052
(i) inside a dwelling on a lot; or
3053
(ii) outside a dwelling on:
3054
(A) a lot;
3055
(B) the exterior of the dwelling, unless the association has an ownership interest
3056
in, or a maintenance, repair, or replacement obligation for, the exterior; or
3057
(C) the front yard of the dwelling, unless the association has an ownership interest
3058
in, or a maintenance, repair, or replacement obligation for, the yard.
3059
(b) Notwithstanding Subsection (3)(a), the association may adopt a reasonable time,
3060
place, and manner restriction with respect to a display that is:
3061
(i) outside a dwelling on:
3062
(A) a lot;
3063
(B) the exterior of the dwelling; or
3064
(C) the front yard of the dwelling; and
3065
(ii) visible from outside the lot.
3066
(4)(a) A rule may not prohibit a lot owner from displaying a political sign:
3067
(i) inside a dwelling on a lot; or
3068
(ii) outside a dwelling on:
3069
(A) a lot;
3070
(B) the exterior of the dwelling, regardless of whether the association has an
3071
ownership interest in the exterior; or
3072
(C) the front yard of the dwelling, regardless of whether the association has an
3073
ownership interest in the yard.
3074
(b) A rule may not regulate the content of a political sign.
3075
(c) Notwithstanding Subsection (4)(a), a rule may reasonably regulate the time, place,
3076
and manner of posting a political sign.
3077
(d) An association design provision may not establish design criteria for a political sign.
3078
(5)(a) A rule may not prohibit a lot owner from displaying a for-sale sign:
3079
(i) inside a dwelling on a lot; or
3080
(ii) outside a dwelling on:
3081
(A) a lot;
3082
(B) the exterior of the dwelling, regardless of whether the association has an
3083
ownership interest in the exterior; or
3084
(C) the front yard of the dwelling, regardless of whether the association has an
- 91 - S.B. 41 12-20 16:50
3085
ownership interest in the yard.
3086
(b) Notwithstanding Subsection (5)(a), a rule may reasonably regulate the time, place,
3087
and manner of posting a for-sale sign.
3088
(6)(a) A rule may not interfere with the freedom of a lot owner to determine the
3089
composition of the lot owner's household.
3090
(b) Notwithstanding Subsection (6)(a), an association may:
3091
(i) require that all occupants of a dwelling be members of a single housekeeping unit;
3092
or
3093
(ii) limit the total number of occupants permitted in each residential dwelling on the
3094
basis of the residential dwelling's:
3095
(A) size and facilities; and
3096
(B) fair use of the common areas.
3097
(7)(a) A rule may not interfere with a reasonable activity of a lot owner within the
3098
confines of a dwelling or lot, including backyard landscaping or amenities, to the
3099
extent that the activity is in compliance with local laws and ordinances, including
3100
nuisance laws and ordinances.
3101
(b) Notwithstanding Subsection (7)(a), a rule may prohibit an activity within the
3102
confines of a dwelling or lot, including backyard landscaping or amenities, if the
3103
activity:
3104
(i) is not normally associated with a project restricted to residential use; or
3105
(ii)(A) creates monetary costs for the association or other lot owners;
3106
(B) creates a danger to the health or safety of occupants of other lots;
3107
(C) generates excessive noise or traffic;
3108
(D) creates unsightly conditions visible from outside the dwelling;
3109
(E) creates an unreasonable source of annoyance to persons outside the lot; or
3110
(F) if there are attached dwellings, creates the potential for smoke to enter another
3111
lot owner's dwelling, the common areas, or limited common areas.
3112
(c) If permitted by law, an association may adopt rules described in Subsection (7)(b)
3113
that affect the use of or behavior inside the dwelling.
3114
(8)(a) A rule may not, to the detriment of a lot owner and over the lot owner's written
3115
objection to the board, alter the allocation of financial burdens among the various lots.
3116
(b) Notwithstanding Subsection (8)(a), an association may:
3117
(i) change the common areas available to a lot owner;
3118
(ii) adopt generally applicable rules for the use of common areas; or
- 92 - 12-20 16:50 S.B. 41
3119
(iii) deny use privileges to a lot owner who:
3120
(A) is delinquent in paying assessments;
3121
(B) abuses the common areas; or
3122
(C) violates the governing documents.
3123
(c) This Subsection (8) does not permit a rule that:
3124
(i) alters the method of levying assessments; or
3125
(ii) increases the amount of assessments as provided in the declaration.
3126
(9)(a) Subject to Subsection (9)(b), a rule may not:
3127
(i) prohibit the transfer of a lot; or
3128
(ii) require the consent of the association or board to transfer a lot.
3129
(b) Unless contrary to a declaration, a rule may require a minimum lease term.
3130
(10)(a) A rule may not require a lot owner to dispose of personal property that was in or
3131
on a lot before the adoption of the rule or design criteria if the personal property was
3132
in compliance with all rules and other governing documents previously in force.
3133
(b) The exemption in Subsection (10)(a):
3134
(i) applies during the period of the lot owner's ownership of the lot; and
3135
(ii) does not apply to a subsequent lot owner who takes title to the lot after adoption
3136
of the rule described in Subsection (10)(a).
3137
(11) A rule or action by the association or action by the board may not unreasonably
3138
impede a declarant's ability to satisfy existing development financing for community
3139
improvements and right to develop:
3140
(a) the project; or
3141
(b) other properties in the vicinity of the project.
3142
(12) A rule or association or board action may not interfere with:
3143
(a) the use or operation of an amenity that the association does not own or control; or
3144
(b) the exercise of a right associated with an easement.
3145
(13) A rule may not divest a lot owner of the right to proceed in accordance with a
3146
completed application for design review, or to proceed in accordance with another
3147
approval process, under the terms of the governing documents in existence at the time
3148
the completed application was submitted by the owner for review.
3149
(14) Unless otherwise provided in the declaration, an association may by rule:
3150
(a) regulate the use, maintenance, repair, replacement, and modification of common
3151
areas;
3152
(b) impose and receive any payment, fee, or charge for:
- 93 - S.B. 41 12-20 16:50
3153
(i) the use, rental, or operation of the common areas, except limited common areas;
3154
and
3155
(ii) a service provided to a lot owner;
3156
(c) impose a charge for a late payment of an assessment; or
3157
(d) provide for the indemnification of the association's officers and board consistent with
3158
Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act.
3159
(15) A rule may not prohibit a lot owner from installing a personal security camera
3160
immediately adjacent to the entryway, window, or other outside entry point of the
3161
owner's dwelling unit.
3162
(16)(a) For any area for which one or more lot owners are responsible for landscape
3163
maintenance of any landscaping within the lot owner's lot or the common areas, the association
3164
shall adopt rules supporting water wise landscaping as defined in Section 57-8a-231
3165
including:
3166
(i) low water use requirements on lawns during drought conditions;
3167 (ii) design criterion for water wise landscaping; and
3168
(iii) limiting permissible plant material to specific water wise plant material.
3169
(b) A rule may not:
3170
(i) prohibit or restrict the conversion of a grass park strip to water wise landscaping
3171
as defined in Section 57-8a-231; or
3172
(ii) prohibit low water use on lawns during drought conditions.
3173
(17)(a) Except as provided in Subsection (17)(b), a rule may not prohibit the owner of a
3174
residential lot from constructing an internal accessory dwelling unit, as defined in
3175
Section 10-9a-530 or 17-27a-526, within the owner's residential lot.
3176
(b) Subsection (17)(a) does not apply if the construction would violate:
3177
(i) a local land use ordinance;
3178
(ii) a building code;
3179
(iii) a health code; or
3180
(iv) a fire code.
3181
(18)(a) Except as provided in Subsection (18)(b), a rule may not prohibit the owner of a
3182
residential lot from making modifications, consistent with industry standards, for
3183
radon mitigation.
3184
(b) Subsection (18)(a) does not apply if the modifications would violate:
3185
(i) a local land use ordinance;
3186
(ii) a building code;
- 94 - 12-20 16:50 S.B. 41
3187
(iii) a health code; or
3188
(iv) a fire code.
3189
(c) A rule governing the placement or external appearance of modifications for radon
3190
mitigation does not apply to a lot owner's modifications if the rule would:
3191
(i) unreasonably interfere with the modifications' functionality; or
3192
(ii) add more than 40% of the modifications' original cost to the cost of installing the
3193
modifications.
3194
(d) A rule may require that a lot owner making modifications related to radon mitigation:
3195
(i) demonstrate or provide proof of radon contamination; and
3196
(ii) provide proof that the modifications and any related construction will be
3197
performed by a licensed person.
3198
(19) A rule may restrict a sex offender from accessing a protected area that is maintained,
3199
operated, or owned by the association, subject to the exceptions described in Subsection [
3200
77-27-21.7(3)] 53-29-306(3).
3201
(20) A rule shall be reasonable.
3202
(21) A declaration, or an amendment to a declaration, may vary any of the requirements of
3203
Subsections (1), (2), (6), and (8) through (14), except Subsection (1)(b)(ii).
3204
(22) A rule may not be inconsistent with a provision of the association's declaration,
3205
bylaws, or articles of incorporation.
3206
(23) This section applies to an association regardless of when the association is created.
3207
Section 40. Section 63G-2-302 is amended to read:
3208
63G-2-302 (Effective 05/07/25). Private records.
3209
(1) The following records are private:
3210
(a) records concerning an individual's eligibility for unemployment insurance benefits,
3211
social services, welfare benefits, or the determination of benefit levels;
3212
(b) records containing data on individuals describing medical history, diagnosis,
3213
condition, treatment, evaluation, or similar medical data;
3214
(c) records of publicly funded libraries that when examined alone or with other records
3215
identify a patron;
3216
(d) records received by or generated by or for:
3217
(i) the Independent Legislative Ethics Commission, except for:
3218
(A) the commission's summary data report that is required under legislative rule;
3219
and
3220
(B) any other document that is classified as public under legislative rule; or
- 95 - S.B. 41 12-20 16:50
3221
(ii) a Senate or House Ethics Committee in relation to the review of ethics
3222
complaints, unless the record is classified as public under legislative rule;
3223
(e) records received by, or generated by or for, the Independent Executive Branch Ethics
3224
Commission, except as otherwise expressly provided in Title 63A, Chapter 14,
3225
Review of Executive Branch Ethics Complaints;
3226
(f) records received or generated for a Senate confirmation committee concerning
3227
character, professional competence, or physical or mental health of an individual:
3228
(i) if, prior to the meeting, the chair of the committee determines release of the
3229
records:
3230
(A) reasonably could be expected to interfere with the investigation undertaken by
3231
the committee; or
3232
(B) would create a danger of depriving a person of a right to a fair proceeding or
3233
impartial hearing; and
3234
(ii) after the meeting, if the meeting was closed to the public;
3235
(g) employment records concerning a current or former employee of, or applicant for
3236
employment with, a governmental entity that would disclose that individual's home
3237
address, home telephone number, social security number, insurance coverage, marital
3238
status, or payroll deductions;
3239
(h) records or parts of records under Section 63G-2-303 that a current or former
3240
employee identifies as private according to the requirements of that section;
3241
(i) that part of a record indicating a person's social security number or federal employer
3242
identification number if provided under Section 31A-23a-104, 31A-25-202,
3243
31A-26-202, 58-1-301, 58-55-302, 61-1-4, or 61-2f-203;
3244
(j) that part of a voter registration record identifying a voter's:
3245
(i) driver license or identification card number;
3246
(ii) social security number, or last four digits of the social security number;
3247
(iii) email address;
3248
(iv) date of birth; or
3249
(v) phone number;
3250
(k) a voter registration record that is classified as a private record by the lieutenant
3251
governor or a county clerk under Subsection 20A-2-101.1(5)(a), 20A-2-104(4)(h), or
3252
20A-2-204(4)(b);
3253
(l) a voter registration record that is withheld under Subsection 20A-2-104(7);
3254
(m) a withholding request form described in Subsections 20A-2-104(7) and (8) and any
- 96 - 12-20 16:50 S.B. 41
3255
verification submitted in support of the form;
3256
(n) a record that:
3257
(i) contains information about an individual;
3258
(ii) is voluntarily provided by the individual; and
3259
(iii) goes into an electronic database that:
3260
(A) is designated by and administered under the authority of the Chief Information
3261
Officer; and
3262
(B) acts as a repository of information about the individual that can be
3263
electronically retrieved and used to facilitate the individual's online interaction
3264
with a state agency;
3265
(o) information provided to the Commissioner of Insurance under:
3266
(i) Subsection 31A-23a-115(3)(a);
3267
(ii) Subsection 31A-23a-302(4); or
3268
(iii) Subsection 31A-26-210(4);
3269
(p) information obtained through a criminal background check under Title 11, Chapter
3270
40, Criminal Background Checks by Political Subdivisions Operating Water Systems;
3271
(q) information provided by an offender that is:
3272
(i) required by the registration requirements of [Title 77, Chapter 41, Sex, Kidnap,
3273
and Child Abuse Offender Registry] Title 53, Chapter 29, Sex, Kidnap, and Child
3274
Abuse Offender Registry; and
3275
(ii) not required to be made available to the public under Subsection [77-41-110(4)]
3276
53-29-404(3)(a);
3277
(r) a statement and any supporting documentation filed with the attorney general in
3278
accordance with Section 34-45-107, if the federal law or action supporting the filing
3279
involves homeland security;
3280
(s) electronic toll collection customer account information received or collected under
3281
Section 72-6-118 and customer information described in Section 17B-2a-815
3282
received or collected by a public transit district, including contact and payment
3283
information and customer travel data;
3284
(t) an email address provided by a military or overseas voter under Section 20A-16-501;
3285
(u) a completed military-overseas ballot that is electronically transmitted under Title
3286
20A, Chapter 16, Uniform Military and Overseas Voters Act;
3287
(v) records received by or generated by or for the Political Subdivisions Ethics Review
3288
Commission established in Section 63A-15-201, except for:
- 97 - S.B. 41 12-20 16:50
3289
(i) the commission's summary data report that is required in Section 63A-15-202; and
3290
(ii) any other document that is classified as public in accordance with Title 63A,
3291
Chapter 15, Political Subdivisions Ethics Review Commission;
3292
(w) a record described in Section 53G-9-604 that verifies that a parent was notified of an
3293
incident or threat;
3294
(x) a criminal background check or credit history report conducted in accordance with
3295
Section 63A-3-201;
3296
(y) a record described in Subsection 53-5a-104(7);
3297
(z) on a record maintained by a county for the purpose of administering property taxes,
3298
an individual's:
3299
(i) email address;
3300
(ii) phone number; or
3301
(iii) personal financial information related to a person's payment method;
3302
(aa) a record submitted by a taxpayer to establish the taxpayer's eligibility for an
3303
exemption, deferral, abatement, or relief under:
3304
(i) Title 59, Chapter 2, Part 11, Exemptions;
3305
(ii) Title 59, Chapter 2, Part 12, Property Tax Relief;
3306
(iii) Title 59, Chapter 2, Part 18, Tax Deferral and Tax Abatement; or
3307
(iv) Title 59, Chapter 2, Part 19, Armed Forces Exemptions;
3308
(bb) a record provided by the State Tax Commission in response to a request under
3309
Subsection 59-1-403(4)(y)(iii);
3310
(cc) a record of the Child Welfare Legislative Oversight Panel regarding an individual
3311
child welfare case, as described in Subsection 36-33-103(3); and
3312
(dd) a record relating to drug or alcohol testing of a state employee under Section
3313
63A-17-1004;
3314
(ee) a record relating to a request by a state elected official or state employee who has
3315
been threatened to the Division of Technology Services to remove personal
3316
identifying information from the open web under Section 63A-16-109; and
3317
(ff) a record including confidential information as that term is defined in Section
3318
67-27-105.
3319
(2) The following records are private if properly classified by a governmental entity:
3320
(a) records concerning a current or former employee of, or applicant for employment
3321
with a governmental entity, including performance evaluations and personal status
3322
information such as race, religion, or disabilities, but not including records that are
- 98 - 12-20 16:50 S.B. 41
3323
public under Subsection 63G-2-301(2)(b) or 63G-2-301(3)(o) or private under
3324
Subsection (1)(b);
3325
(b) records describing an individual's finances, except that the following are public:
3326
(i) records described in Subsection 63G-2-301(2);
3327
(ii) information provided to the governmental entity for the purpose of complying
3328
with a financial assurance requirement; or
3329
(iii) records that must be disclosed in accordance with another statute;
3330
(c) records of independent state agencies if the disclosure of those records would
3331
conflict with the fiduciary obligations of the agency;
3332
(d) other records containing data on individuals the disclosure of which constitutes a
3333
clearly unwarranted invasion of personal privacy;
3334
(e) records provided by the United States or by a government entity outside the state that
3335
are given with the requirement that the records be managed as private records, if the
3336
providing entity states in writing that the record would not be subject to public
3337
disclosure if retained by it;
3338
(f) any portion of a record in the custody of the Division of Aging and Adult Services,
3339
created in Section 26B-6-102, that may disclose, or lead to the discovery of, the
3340
identity of a person who made a report of alleged abuse, neglect, or exploitation of a
3341
vulnerable adult; and
3342
(g) audio and video recordings created by a body-worn camera, as defined in Section
3343
77-7a-103, that record sound or images inside a home or residence except for
3344
recordings that:
3345
(i) depict the commission of an alleged crime;
3346
(ii) record any encounter between a law enforcement officer and a person that results
3347
in death or bodily injury, or includes an instance when an officer fires a weapon;
3348
(iii) record any encounter that is the subject of a complaint or a legal proceeding
3349
against a law enforcement officer or law enforcement agency;
3350
(iv) contain an officer involved critical incident as defined in Subsection 76-2-408
3351
(1)(f); or
3352
(v) have been requested for reclassification as a public record by a subject or
3353
authorized agent of a subject featured in the recording.
3354
(3)(a) As used in this Subsection (3), "medical records" means medical reports, records,
3355
statements, history, diagnosis, condition, treatment, and evaluation.
3356
(b) Medical records in the possession of the University of Utah Hospital, its clinics,
- 99 - S.B. 41 12-20 16:50
3357
doctors, or affiliated entities are not private records or controlled records under
3358
Section 63G-2-304 when the records are sought:
3359
(i) in connection with any legal or administrative proceeding in which the patient's
3360
physical, mental, or emotional condition is an element of any claim or defense; or
3361
(ii) after a patient's death, in any legal or administrative proceeding in which any
3362
party relies upon the condition as an element of the claim or defense.
3363
(c) Medical records are subject to production in a legal or administrative proceeding
3364
according to state or federal statutes or rules of procedure and evidence as if the
3365
medical records were in the possession of a nongovernmental medical care provider.
3366
Section 41. Section 63G-7-301 is amended to read:
3367
63G-7-301 (Effective 05/07/25). Waivers of immunity.
3368
(1)(a) Immunity from suit of each governmental entity is waived as to any contractual
3369
obligation.
3370
(b) Actions arising out of contractual rights or obligations are not subject to the
3371
requirements of Section 63G-7-401, 63G-7-402, 63G-7-403, or 63G-7-601.
3372
(c) The Division of Water Resources is not liable for failure to deliver water from a
3373
reservoir or associated facility authorized by Title 73, Chapter 26, Bear River
3374
Development Act, if the failure to deliver the contractual amount of water is due to
3375
drought, other natural condition, or safety condition that causes a deficiency in the
3376
amount of available water.
3377
(2) Immunity from suit of each governmental entity is waived:
3378
(a) as to any action brought to recover, obtain possession of, or quiet title to real or
3379
personal property;
3380
(b) as to any action brought to foreclose mortgages or other liens on real or personal
3381
property, to determine any adverse claim on real or personal property, or to obtain an
3382
adjudication about any mortgage or other lien that the governmental entity may have
3383
or claim on real or personal property;
3384
(c) as to any action based on the negligent destruction, damage, or loss of goods,
3385
merchandise, or other property while it is in the possession of any governmental
3386
entity or employee, if the property was seized for the purpose of forfeiture under any
3387
provision of state law;
3388 (d) subject to Section 63G-7-302, as to any action brought under the authority of Utah
3389
Constitution, Article I, Section 22, for the recovery of compensation from the
3390
governmental entity when the governmental entity has taken or damaged private property for
- 100 - 12-20 16:50 S.B. 41
3391
public uses without just compensation;
3392
(e) as to any claim for attorney fees or costs under Section 63G-2-209, 63G-2-405, or
3393
63G-2-802;
3394
(f) for actual damages under Title 67, Chapter 21, Utah Protection of Public Employees
3395
Act;
3396
(g) as to any action brought to obtain relief from a land use regulation that imposes a
3397
substantial burden on the free exercise of religion under Title 63L, Chapter 5, Utah
3398
Religious Land Use Act;
3399
(h) except as provided in Subsection 63G-7-201(3), as to any injury caused by:
3400
(i) a defective, unsafe, or dangerous condition of any highway, road, street, alley,
3401
crosswalk, sidewalk, culvert, tunnel, bridge, viaduct, or other structure located on
3402
them; or
3403
(ii) any defective or dangerous condition of a public building, structure, dam,
3404
reservoir, or other public improvement;
3405
(i) subject to Subsections 63G-7-101(4) and 63G-7-201(4), as to any injury proximately
3406
caused by a negligent act or omission of an employee committed within the scope of
3407
employment;
3408
(j) notwithstanding Subsection 63G-7-101(4), as to a claim for an injury resulting from a
3409
sexual battery, as provided in Section 76-9-702.1, committed:
3410
(i) against a student of a public elementary or secondary school, including a charter
3411
school; and
3412
(ii) by an employee of a public elementary or secondary school or charter school who:
3413
(A) at the time of the sexual battery, held a position of special trust, as defined in
3414
Section 76-5-404.1, with respect to the student;
3415
(B) is criminally charged in connection with the sexual battery; and
3416
(C) the public elementary or secondary school or charter school knew or in the
3417
exercise of reasonable care should have known, at the time of the employee's
3418
hiring, to be a sex offender, a kidnap offender, or a child abuse offender as [
3419
defined] described in Section [77-41-102] 53-29-202, required to register under [
3420
Title 77, Chapter 41, Sex, Kidnap, and Child Abuse Offender Registry] Title
3421
53, Chapter 29, Sex, Kidnap, and Child Abuse Offender Registry, whose status
3422
as a sex offender, kidnap offender, or child abuse offender would have been
3423
revealed in a background check under Section 53G-11-402;
3424
(k) as to any action brought under Section 78B-6-2303; and
- 101 - S.B. 41 12-20 16:50
3425
(l) as to any action brought to obtain relief under Title 53B, Chapter 27, Part 6, Student
3426
Legal Representation.
3427
(3)(a) As used in this Subsection (3):
3428
(i) "Code of conduct" means a code of conduct that:
3429
(A) is not less stringent than a model code of conduct, created by the State Board
3430
of Education, establishing a professional standard of care for preventing the
3431
conduct described in Subsection (3)(a)(i)(D);
3432
(B) is adopted by the applicable local education governing body;
3433
(C) regulates behavior of a school employee toward a student; and
3434
(D) includes a prohibition against any sexual conduct between an employee and a
3435
student and against the employee and student sharing any sexually explicit or
3436
lewd communication, image, or photograph.
3437
(ii) "Local education agency" means:
3438
(A) a school district;
3439
(B) a charter school; or
3440
(C) the Utah Schools for the Deaf and the Blind.
3441
(iii) "Local education governing board" means:
3442
(A) for a school district, the local school board;
3443
(B) for a charter school, the charter school governing board; or
3444
(C) for the Utah Schools for the Deaf and the Blind, the state board.
3445
(iv) "Public school" means a public elementary or secondary school.
3446
(v) "Sexual abuse" means the offense described in Subsection 76-5-404.1(2).
3447
(vi) "Sexual battery" means the offense described in Section 76-9-702.1, considering
3448
the term "child" in that section to include an individual under age 18.
3449
(b) Notwithstanding Subsection 63G-7-101(4), immunity from suit is waived as to a
3450
claim against a local education agency for an injury resulting from a sexual battery or
3451
sexual abuse committed against a student of a public school by a paid employee of
3452
the public school who is criminally charged in connection with the sexual battery or
3453
sexual abuse, unless:
3454
(i) at the time of the sexual battery or sexual abuse, the public school was subject to a
3455
code of conduct; and
3456
(ii) before the sexual battery or sexual abuse occurred, the public school had:
3457
(A) provided training on the code of conduct to the employee; and
3458
(B) required the employee to sign a statement acknowledging that the employee
- 102 - 12-20 16:50 S.B. 41
3459
has read and understands the code of conduct.
3460
(4)(a) As used in this Subsection (4):
3461
(i) "Higher education institution" means an institution included within the state
3462
system of higher education under Section 53B-1-102.
3463
(ii) "Policy governing behavior" means a policy adopted by a higher education
3464
institution or the Utah Board of Higher Education that:
3465
(A) establishes a professional standard of care for preventing the conduct
3466
described in Subsections (4)(a)(ii)(C) and (D);
3467
(B) regulates behavior of a special trust employee toward a subordinate student;
3468
(C) includes a prohibition against any sexual conduct between a special trust
3469
employee and a subordinate student; and
3470
(D) includes a prohibition against a special trust employee and subordinate student
3471
sharing any sexually explicit or lewd communication, image, or photograph.
3472
(iii) "Sexual battery" means the offense described in Section 76-9-702.1.
3473
(iv) "Special trust employee" means an employee of a higher education institution
3474
who is in a position of special trust, as defined in Section 76-5-404.1, with a
3475
higher education student.
3476
(v) "Subordinate student" means a student:
3477
(A) of a higher education institution; and
3478
(B) whose educational opportunities could be adversely impacted by a special
3479
trust employee.
3480
(b) Notwithstanding Subsection 63G-7-101(4), immunity from suit is waived as to a
3481
claim for an injury resulting from a sexual battery committed against a subordinate
3482
student by a special trust employee, unless:
3483
(i) the institution proves that the special trust employee's behavior that otherwise
3484
would constitute a sexual battery was:
3485
(A) with a subordinate student who was at least 18 years old at the time of the
3486
behavior; and
3487
(B) with the student's consent; or
3488
(ii)(A) at the time of the sexual battery, the higher education institution was
3489
subject to a policy governing behavior; and
3490
(B) before the sexual battery occurred, the higher education institution had taken
3491
steps to implement and enforce the policy governing behavior.
3492
Section 42. Section 76-1-201 is amended to read:
- 103 - S.B. 41 12-20 16:50
3493
76-1-201 (Effective 05/07/25). Jurisdiction of offenses.
3494
(1) A person is subject to prosecution in this state for an offense which the person commits,
3495
while either within or outside the state, by the person's own conduct or that of another
3496
for which the person is legally accountable, if:
3497
(a) the offense is committed either wholly or partly within the state;
3498
(b) the conduct outside the state constitutes an attempt to commit an offense within the
3499
state;
3500
(c) the conduct outside the state constitutes a conspiracy to commit an offense within the
3501
state and an act in furtherance of the conspiracy occurs in the state; or
3502
(d) the conduct within the state constitutes an attempt, solicitation, or conspiracy to
3503
commit in another jurisdiction an offense under the laws of both this state and the
3504
other jurisdiction.
3505
(2) An offense is committed partly within this state if either the conduct which is any
3506
element of the offense, or the result which is an element, occurs within this state.
3507
(3) In homicide offenses, the "result" is either the physical contact which causes death or
3508
the death itself.
3509
(a) If the body of a homicide victim is found within the state, the death shall be
3510
presumed to have occurred within the state.
3511
(b) If jurisdiction is based on this presumption, this state retains jurisdiction unless the
3512
defendant proves by clear and convincing evidence that:
3513
(i) the result of the homicide did not occur in this state; and
3514
(ii) the defendant did not engage in any conduct in this state which is any element of
3515
the offense.
3516
(4)[(a)] An offense which is based on an omission to perform a duty imposed by the law
3517
of this state is committed within the state regardless of the location of the offender at
3518
the time of the omission.
3519
[(b) For the purpose of establishing venue for a violation of Subsection 77-41-105(3)
3520
concerning sex offender, kidnap offender, or child abuse registration, the offense is
3521
considered to be committed:]
3522
[(i) at the most recent registered primary residence of the offender, if the actual location
3523
of the offender at the time of the violation is not known; or]
3524
[(ii) at the location of the offender at the time the offender is apprehended.]
3525
(5)(a) If no jurisdictional issue is raised, the pleadings are sufficient to establish
3526
jurisdiction.
- 104 - 12-20 16:50 S.B. 41
3527
(b) The defendant may challenge jurisdiction by filing a motion before trial stating
3528
which facts exist that deprive the state of jurisdiction.
3529
(c) The burden is upon the state to initially establish jurisdiction over the offense by a
3530
preponderance of the evidence by showing under the provisions of Subsections (1)
3531
through (4) that the offense was committed either wholly or partly within the borders
3532
of the state.
3533
(d) If after the prosecution has met its burden of proof under Subsection (5)(c) the
3534
defendant claims that the state is deprived of jurisdiction or may not exercise
3535
jurisdiction, the burden is upon the defendant to prove by a preponderance of the
3536
evidence:
3537
(i) any facts claimed; and
3538
(ii) why those facts deprive the state of jurisdiction.
3539
(6) Facts that deprive the state of jurisdiction or prohibit the state from exercising
3540
jurisdiction include the fact that the:
3541
(a) defendant is serving in a position that is entitled to diplomatic immunity from
3542
prosecution and that the defendant's country has not waived that diplomatic immunity;
3543
(b) defendant is a member of the armed forces of another country and that the crime that
3544
he is alleged to have committed is one that due to an international agreement, such as
3545
a status of forces agreement between his country and the United States, cedes the
3546
exercise of jurisdiction over him for that offense to his country;
3547
(c) defendant is an enrolled member of an Indian tribe, as defined in Section 9-9-101,
3548
and that the Indian tribe has a legal status with the United States or the state that vests
3549
jurisdiction in either tribal or federal courts for certain offenses committed within the
3550
exterior boundaries of a tribal reservation, and that the facts establish that the crime is
3551
one that vests jurisdiction in tribal or federal court; or
3552
(d) offense occurred on land that is exclusively within federal jurisdiction.
3553
(7)(a) The Legislature finds that identity fraud under Chapter 6, Part 11, Identity Fraud
3554
Act, involves the use of personal identifying information which is uniquely personal
3555
to the consumer or business victim of that identity fraud and which information is
3556
considered to be in lawful possession of the consumer or business victim wherever
3557
the consumer or business victim currently resides or is found.
3558
(b) For purposes of Subsection (1)(a), an offense which is based on a violation of
3559
Chapter 6, Part 11, Identity Fraud Act, is committed partly within this state,
3560
regardless of the location of the offender at the time of the offense, if the victim of
- 105 - S.B. 41 12-20 16:50
3561
the identity fraud resides or is found in this state.
3562
(8) The judge shall determine jurisdiction.
3563
Section 43. Section 76-1-202 is amended to read:
3564
76-1-202 (Effective 05/07/25). Venue of actions.
3565
(1) Criminal actions shall be tried in the county, district, or precinct where the offense is
3566
alleged to have been committed. In determining the proper place of trial, the following
3567
provisions shall apply:
3568
(a) If the commission of an offense commenced outside the state is consummated within
3569
this state, the offender shall be tried in the county where the offense is consummated.
3570
(b) When conduct constituting elements of an offense or results that constitute elements,
3571
whether the conduct or result constituting elements is in itself unlawful, shall occur in
3572
two or more counties, trial of the offense may be held in any of the counties
3573
concerned.
3574
(c) If a person committing an offense upon the person of another is located in one county
3575
and his victim is located in another county at the time of the commission of the
3576
offense, trial may be held in either county.
3577
(d) If a cause of death is inflicted in one county and death ensues in another county, the
3578
offender may be tried in either county.
3579
(e) A person who commits an inchoate offense may be tried in any county in which any
3580
act that is an element of the offense, including the agreement in conspiracy, is
3581
committed.
3582
(f) Where a person in one county solicits, aids, abets, agrees, or attempts to aid another
3583
in the planning or commission of an offense in another county, he may be tried for
3584
the offense in either county.
3585
(g) When an offense is committed within this state and it cannot be readily determined
3586
in which county or district the offense occurred, the following provisions shall be
3587
applicable:
3588
(i) When an offense is committed upon any railroad car, vehicle, watercraft, or
3589
aircraft passing within this state, the offender may be tried in any county through
3590
which such railroad car, vehicle, watercraft, or aircraft has passed.
3591
(ii) When an offense is committed on any body of water bordering on or within this
3592
state, the offender may be tried in any county adjacent to such body of water. The
3593
words "body of water" shall include but not be limited to any stream, river, lake,
3594
or reservoir, whether natural or man-made.
- 106 - 12-20 16:50 S.B. 41
3595
(iii) A person who commits theft may be tried in any county in which he exerts
3596
control over the property affected.
3597
(iv) If an offense is committed on or near the boundary of two or more counties, trial
3598
of the offense may be held in any of such counties.
3599
(v) For any other offense, trial may be held in the county in which the defendant
3600
resides, or, if he has no fixed residence, in the county in which he is apprehended
3601
or to which he is extradited.
3602
(h) A person who commits an offense based on Chapter 6, Part 11, Identity Fraud Act,
3603
may be tried in the county:
3604
(i) where the victim's personal identifying information was obtained;
3605
(ii) where the defendant used or attempted to use the personally identifying
3606
information;
3607
(iii) where the victim of the identity fraud resides or is found; or
3608
(iv) if multiple offenses of identity fraud occur in multiple jurisdictions, in any
3609
county where the victim's identity was used or obtained, or where the victim
3610
resides or is found.
3611
(i) For the purpose of establishing venue for a violation of [Subsection 77-41-105(3)]
3612
Section 53-29-304 concerning sex offender, kidnap offender, or child abuse offender
3613
registration, the offense is considered to be committed:
3614
(i) at the most recent registered primary residence of the offender, if the actual
3615
location of the offender at the time of the violation is not known; or
3616
(ii) at the location of the offender at the time the offender is apprehended.
3617
(2) All objections of improper place of trial are waived by a defendant unless made before
3618
trial.
3619
Section 44. Section 76-3-402 is amended to read:
3620
76-3-402 (Effective 05/07/25). Conviction of lower degree of offense -- Procedure
3621
and limitations.
3622
(1) As used in this section:
3623
(a) "Lower degree of offense" includes an offense for which:
3624
(i) a statutory enhancement is charged in the information or indictment that would
3625
increase either the maximum or the minimum sentence; and
3626
(ii) the court removes the statutory enhancement in accordance with this section.
3627
(b) "Minor regulatory offense" means the same as that term is defined in Section
3628
77-40a-101.
- 107 - S.B. 41 12-20 16:50
3629
(c)(i) "Rehabilitation program" means a program designed to reduce criminogenic
3630
and recidivism risks.
3631
(ii) "Rehabilitation program" includes:
3632
(A) a domestic violence treatment program, as that term is defined in Section
3633
26B-2-101;
3634
(B) a residential, vocational, and life skills program, as that term is defined in
3635
Section 13-53-102;
3636
(C) a substance abuse treatment program, as that term is defined in Section
3637
26B-2-101;
3638
(D) a substance use disorder treatment program, as that term is defined in Section
3639
26B-2-101;
3640
(E) a youth program, as that term is defined in Section 26B-2-101;
3641
(F) a program that meets the standards established by the Department of
3642
Corrections under Section 64-13-25;
3643
(G) a drug court, a veterans court, or a mental health court certified by the Judicial
3644
Council; or
3645
(H) a program that is substantially similar to a program described in Subsections
3646
(1)(c)(ii)(A) through (G).
3647
(d) "Serious offense" means a felony or misdemeanor offense that is not a minor
3648
regulatory offense or a traffic offense.
3649
(e) "Traffic offense" means the same as that term is defined in Section 77-40a-101.
3650
(f)(i) Except as provided in Subsection (1)(f)(ii), "violent felony" means the same as
3651
that term is defined in Section 76-3-203.5.
3652
(ii) "Violent felony" does not include an offense, or any attempt, solicitation, or
3653
conspiracy to commit an offense, for:
3654
(A) the possession, use, or removal of explosive, chemical, or incendiary devices
3655
under Subsection 76-10-306(3), (5), or (6); or
3656
(B) the purchase or possession of a dangerous weapon or handgun by a restricted
3657
person under Section 76-10-503.
3658
(2) The court may enter a judgment of conviction for a lower degree of offense than
3659
established by statute and impose a sentence at the time of sentencing for the lower
3660
degree of offense if the court:
3661
(a) takes into account:
3662
(i) the nature and circumstances of the offense of which the defendant was found
- 108 - 12-20 16:50 S.B. 41
3663
guilty; and
3664
(ii) the history and character of the defendant;
3665
(b) gives any victim present at the sentencing and the prosecuting attorney an
3666
opportunity to be heard; and
3667
(c) concludes that the degree of offense established by statute would be unduly harsh to
3668
record as a conviction on the record for the defendant.
3669
(3) Upon a motion from the prosecuting attorney or the defendant, the court may enter a
3670
judgment of conviction for a lower degree of offense than established by statute:
3671
(a) after the defendant is successfully discharged from probation or parole for the
3672
conviction; and
3673
(b) if the court finds that entering a judgment of conviction for a lower degree of offense
3674
is in the interest of justice in accordance with Subsection (7).
3675
(4) Upon a motion from the prosecuting attorney or the defendant, the court may enter a
3676
judgment of conviction for a lower degree of offense than established by statute if:
3677
(a) the defendant's probation or parole for the conviction did not result in a successful
3678
discharge but the defendant is successfully discharged from probation or parole for a
3679
subsequent conviction of an offense;
3680
(b)(i) at least five years have passed after the day on which the defendant is
3681
sentenced for the subsequent conviction; or
3682
(ii) at least three years have passed after the day on which the defendant is sentenced
3683
for the subsequent conviction and the prosecuting attorney consents to the
3684
reduction;
3685
(c) the defendant is not convicted of a serious offense during the time period described
3686
in Subsection (4)(b);
3687
(d) there are no criminal proceedings pending against the defendant;
3688
(e) the defendant is not on probation, on parole, or currently incarcerated for any other
3689
offense;
3690
(f) if the offense for which the reduction is sought is a violent felony, the prosecuting
3691
attorney consents to the reduction; and
3692
(g) the court finds that entering a judgment of conviction for a lower degree of offense is
3693
in the interest of justice in accordance with Subsection (7).
3694
(5) Upon a motion from the prosecuting attorney or the defendant, the court may enter a
3695
judgment of conviction for a lower degree of offense than established by statute if:
3696
(a) the defendant's probation or parole for the conviction did not result in a successful
- 109 - S.B. 41 12-20 16:50
3697
discharge but the defendant is successfully discharged from a rehabilitation program;
3698
(b) at least three years have passed after the day on which the defendant is successfully
3699
discharged from the rehabilitation program;
3700
(c) the defendant is not convicted of a serious offense during the time period described
3701
in Subsection (5)(b);
3702
(d) there are no criminal proceedings pending against the defendant;
3703
(e) the defendant is not on probation, on parole, or currently incarcerated for any other
3704
offense;
3705
(f) if the offense for which the reduction is sought is a violent felony, the prosecuting
3706
attorney consents to the reduction; and
3707
(g) the court finds that entering a judgment of conviction for a lower degree of offense is
3708
in the interest of justice in accordance with Subsection (7).
3709
(6) Upon a motion from the prosecuting attorney or the defendant, the court may enter a
3710
judgment of conviction for a lower degree of offense than established by statute if:
3711
(a) at least five years have passed after the day on which the defendant's probation or
3712
parole for the conviction did not result in a successful discharge;
3713
(b) the defendant is not convicted of a serious offense during the time period described
3714
in Subsection (6)(a);
3715
(c) there are no criminal proceedings pending against the defendant;
3716
(d) the defendant is not on probation, on parole, or currently incarcerated for any other
3717
offense;
3718
(e) if the offense for which the reduction is sought is a violent felony, the prosecuting
3719
attorney consents to the reduction; and
3720
(f) the court finds that entering a judgment of conviction for a lower degree of offense is
3721
in the interest of justice in accordance with Subsection (7).
3722
(7) In determining whether entering a judgment of a conviction for a lower degree of
3723
offense is in the interest of justice under Subsection (3), (4), (5), or (6):
3724
(a) the court shall consider:
3725
(i) the nature, circumstances, and severity of the offense for which a reduction is
3726
sought;
3727
(ii) the physical, emotional, or other harm that the defendant caused any victim of the
3728
offense for which the reduction is sought; and
3729
(iii) any input from a victim of the offense; and
3730
(b) the court may consider:
- 110 - 12-20 16:50 S.B. 41
3731
(i) any special characteristics or circumstances of the defendant, including the
3732
defendant's criminogenic risks and needs;
3733
(ii) the defendant's criminal history;
3734
(iii) the defendant's employment and community service history;
3735
(iv) whether the defendant participated in a rehabilitative program and successfully
3736
completed the program;
3737
(v) any effect that a reduction would have on the defendant's ability to obtain or
3738
reapply for a professional license from the Department of Commerce;
3739
(vi) whether the level of the offense has been reduced by law after the defendant's
3740
conviction;
3741
(vii) any potential impact that the reduction would have on public safety; or
3742
(viii) any other circumstances that are reasonably related to the defendant or the
3743
offense for which the reduction is sought.
3744
(8)(a) A court may only enter a judgment of conviction for a lower degree of offense
3745
under Subsection (3), (4), (5), or (6) after:
3746
(i) notice is provided to the other party;
3747
(ii) reasonable efforts have been made by the prosecuting attorney to provide notice
3748
to any victims; and
3749
(iii) a hearing is held if a hearing is requested by either party.
3750
(b) A prosecuting attorney is entitled to a hearing on a motion seeking to reduce a
3751
judgment of conviction for a lower degree of offense under Subsection (3), (4), (5),
3752
or (6).
3753
(c) In a motion under Subsection (3), (4), (5), or (6) and at a requested hearing on the
3754
motion, the moving party has the burden to provide evidence sufficient to
3755
demonstrate that the requirements under Subsection (3), (4), (5), or (6) are met.
3756
(d) If a defendant files a motion under this section, the prosecuting attorney shall
3757
respond to the motion within 35 days after the day on which the motion is filed with
3758
the court.
3759
(9) A court has jurisdiction to consider and enter a judgment of conviction for a lower
3760
degree of offense under Subsection (3), (4), (5), or (6) regardless of whether the
3761
defendant is committed to jail as a condition of probation or is sentenced to prison.
3762
(10)(a) An offense may be reduced only one degree under this section, unless the
3763
prosecuting attorney specifically agrees in writing or on the court record that the
3764
offense may be reduced two degrees.
- 111 - S.B. 41 12-20 16:50
3765
(b) An offense may not be reduced under this section by more than two degrees.
3766
(11) This section does not preclude an individual from obtaining or being granted an
3767
expungement of the individual's record in accordance with [Title 44, Chapter 40A,
3768
Expungement of Criminal Records] Title 77, Chapter 40a, Expungement of Criminal
3769
Records.
3770
(12) The court may not enter a judgment for a conviction for a lower degree of offense
3771
under this section if:
3772
(a) the reduction is specifically precluded by law; or
3773
(b) any unpaid balance remains on court-ordered restitution for the offense for which the
3774
reduction is sought.
3775
(13) When the court enters a judgment for a lower degree of offense under this section, the
3776
actual title of the offense for which the reduction is made may not be altered.
3777
(14)(a) An individual may not obtain a reduction under this section of a conviction that
3778
requires the individual to register as a sex offender, kidnap offender, or child abuse
3779
offender under Section 53-29-202 until the registration requirements under [Title 77,
3780
Chapter 41, Sex, Kidnap, and Child Abuse Offender Registry] Title 53, Chapter 29,
3781
Sex, Kidnap, and Child Abuse Offender Registry, have expired.
3782
(b) An individual required to register as a sex offender, kidnap offender, or child abuse
3783
offender under Section 53-29-202 and required to register for the individual's lifetime [
3784
under Subsection 77-41-105(3)(c)] as described in Subsection 53-29-203(1)(b), may
3785
not be granted a reduction of the conviction for the offense or offenses that require
3786
the individual to register as a sex offender, kidnap offender, or child abuse offender.
3787
Section 45. Section 76-5-401 is amended to read:
3788
76-5-401 (Effective 05/07/25). Unlawful sexual activity with a minor -- Penalties
3789
-- Evidence of age raised by defendant -- Limitations.
3790
(1)(a) As used in this section, "minor" means an individual who is 14 years old or older,
3791
but younger than 16 years old, at the time the sexual activity described in Subsection
3792
(2) occurred.
3793
(b) Terms defined in Section 76-1-101.5 apply to this section.
3794
(2)(a) Under circumstances not amounting to an offense listed in Subsection (4), an
3795
actor 18 years old or older commits unlawful sexual activity with a minor if the actor:
3796
(i) has sexual intercourse with the minor;
3797
(ii) engages in any sexual act with the minor involving the genitals of an individual
3798
and the mouth or anus of another individual; or
- 112 - 12-20 16:50 S.B. 41
3799
(iii) causes the penetration, however slight, of the genital or anal opening of the
3800
minor by a foreign object, substance, instrument, or device, including a part of the
3801
human body, with the intent to cause substantial emotional or bodily pain to any
3802
individual or with the intent to arouse or gratify the sexual desire of any individual.
3803
(b) Any touching, however slight, is sufficient to constitute the relevant element of a
3804
violation of Subsection (2)(a)(ii).
3805
(3)(a) A violation of Subsection (2) is a third degree felony.
3806
(b)[(i)] Notwithstanding Subsection (3)(a) or (c), a violation of Subsection (2) is a
3807
class B misdemeanor if the defendant establishes by a preponderance of the
3808
evidence the mitigating factor that:
3809
[(A)] (i) the defendant is less than four years older than the minor at the time the
3810
sexual activity occurred; or
3811
[(B)] (ii) the defendant is 18 years old and enrolled in high school at the time the
3812
sexual activity occurred.
3813
[(ii) An offense under Subsection (3)(b)(i) is not subject to registration under
3814
Subsection 77-41-102(19)(a)(vii).]
3815
(c)[(i)] Notwithstanding Subsection (3)(a), if the defendant establishes by a
3816
preponderance of the evidence the mitigating factor that the defendant was
3817
younger than 21 years old at the time the sexual activity occurred, the offense is a
3818
class A misdemeanor.
3819
[(ii) An offense under Subsection (3)(c)(i) is not subject to registration under
3820
Subsection 77-41-102(19)(a)(vii).]
3821
(4) The offenses referred to in Subsection (2)(a) are:
3822
(a) rape, in violation of Section 76-5-402;
3823
(b) object rape, in violation of Section 76-5-402.2;
3824
(c) forcible sodomy, in violation of Section 76-5-403;
3825
(d) aggravated sexual assault, in violation of Section 76-5-405; or
3826
(e) an attempt to commit an offense listed in Subsections (4)(a) through (4)(d).
3827
Section 46. Section 76-5-401.1 is amended to read:
3828
76-5-401.1 (Effective 05/07/25). Sexual abuse of a minor.
3829
(1)(a) As used in this section:
3830
(i) "Indecent liberties" means:
3831
(A) the actor touching another individual's genitals, anus, buttocks, pubic area, or
3832
female breast;
- 113 - S.B. 41 12-20 16:50
3833
(B) causing any part of an individual's body to touch the actor's or another's
3834
genitals, pubic area, anus, buttocks, or female breast;
3835
(C) simulating or pretending to engage in sexual intercourse with another
3836
individual, including genital-genital, oral-genital, anal-genital, or oral-anal
3837
intercourse; or
3838
(D) causing an individual to simulate or pretend to engage in sexual intercourse
3839
with the actor or another, including genital-genital, oral-genital, anal-genital, or
3840
oral-anal intercourse.
3841
(ii) "Minor" means an individual who is 14 years old or older, but younger than 16
3842
years old, at the time the sexual activity described in Subsection (2) occurred.
3843
(b) Terms defined in Section 76-1-101.5 apply to this section.
3844
(2)(a) Under circumstances not amounting to an offense listed in Subsection (4), an
3845
actor commits sexual abuse of a minor if the actor:
3846
(i) is four years or more older than the minor; and
3847
(ii) with the intent to cause substantial emotional or bodily pain to any individual, or
3848
with the intent to arouse or gratify the sexual desire of any individual:
3849
(A) touches the anus, buttocks, pubic area, or any part of the genitals of the minor;
3850
(B) touches the breast of a female minor; or
3851
(C) otherwise takes indecent liberties with the minor.
3852
(b) Any touching, even if accomplished through clothing, is sufficient to constitute the
3853
relevant element of a violation of Subsection (2)(a).
3854
(3) A violation of Subsection (2)(a) is[:]
3855
[(a)] a class A misdemeanor[; and] .
3856
[(b) not subject to registration under Subsection 77-41-102(19)(a)(viii) on a first
3857
offense if the offender was younger than 21 years old at the time of the offense.]
3858
(4) The offenses referred to in Subsection (2)(a) are:
3859
(a) unlawful sexual activity with a minor, in violation of Section 76-5-401;
3860
(b) rape, in violation of Section 76-5-402;
3861
(c) object rape, in violation of Section 76-5-402.2;
3862
(d) forcible sodomy, in violation of Section 76-5-403;
3863
(e) aggravated sexual assault, in violation of Section 76-5-405; or
3864
(f) an attempt to commit an offense listed in Subsections (4)(a) through (e).
3865
Section 47. Section 76-5-401.3 is amended to read:
3866
76-5-401.3 (Effective 05/07/25). Unlawful adolescent sexual activity -- Penalties
- 114 - 12-20 16:50 S.B. 41
3867
-- Limitations.
3868
(1)(a) As used in this section, "adolescent" means an individual who is 12 years old or
3869
older but younger than 18 years old.
3870
(b) Terms defined in Section 76-1-101.5 apply to this section.
3871
(2) Under circumstances not amounting to an offense listed in Subsection (5), an actor
3872
commits unlawful sexual activity if:
3873
(a)(i) the actor is 12 years old or older but younger than 18 years old;
3874
(ii) the actor engages in sexual activity with an adolescent;
3875
(iii) the actor is not the biological sibling of the adolescent; and
3876
(iv) both the actor and the adolescent mutually agree to the sexual activity; or
3877
(b)(i) the actor engages in sexual activity with an adolescent who is 13 years old;
3878
(ii) the actor is 18 years old and enrolled in high school at the time that the sexual
3879
activity occurred;
3880
(iii) the actor is not the biological sibling of the adolescent; and
3881
(iv) both the actor and the adolescent mutually agree to the sexual activity.
3882
(3)(a) A violation of Subsection (2)(a) is a:
3883
(i) third degree felony if an actor who is 17 years old engages in unlawful adolescent
3884
sexual activity with an adolescent who is 13 years old;
3885
(ii) third degree felony if an actor who is 16 years old engages in unlawful adolescent
3886
sexual activity with an adolescent who is 12 years old;
3887
(iii) class A misdemeanor if an actor who is 16 years old engages in unlawful
3888
adolescent sexual activity with an adolescent who is 13 years old;
3889
(iv) class A misdemeanor if an actor who is 14 or 15 years old engages in unlawful
3890
adolescent sexual activity with an adolescent who is 12 years old;
3891
(v) class B misdemeanor if an actor who is 17 years old engages in unlawful
3892
adolescent sexual activity with an adolescent who is 14 years old;
3893
(vi) class B misdemeanor if an actor who is 15 years old engages in unlawful
3894
adolescent sexual activity with an adolescent who is 13 years old;
3895
(vii) class C misdemeanor if an actor who is 12 or 13 years old engages in unlawful
3896
adolescent sexual activity with an adolescent who is 12 or 13 years old; and
3897
(viii) class C misdemeanor if an actor who is 14 years old engages in unlawful
3898
adolescent sexual activity with an adolescent who is 13 years old.
3899
(b) A violation of Subsection (2)(b) is a third degree felony.
3900
(4) The actor and the adolescent do not mutually agree to the sexual activity under
- 115 - S.B. 41 12-20 16:50
3901
Subsection (2) if:
3902
(a) the adolescent expresses lack of agreement to the sexual activity through words or
3903
conduct;
3904
(b) the actor overcomes the adolescent's will through:
3905
(i) threats to the adolescent or any other individual;
3906
(ii) force;
3907
(iii) coercion; or
3908
(iv) enticement;
3909
(c) the actor is able to overcome the adolescent through concealment or by the element
3910
of surprise;
3911
(d) the actor knows, or reasonably should know, that the adolescent has a mental disease
3912
or defect, which renders the adolescent unable to:
3913
(i) appraise the nature of the act;
3914
(ii) resist the act;
3915
(iii) understand the possible consequences to the adolescent's health or safety; or
3916
(iv) appraise the nature of the relationship between the actor and the adolescent;
3917
(e) the actor knows that the adolescent participates in the sexual activity because the
3918
adolescent erroneously believes that the actor is someone else; or
3919
(f) the actor intentionally impaired the power of the adolescent to appraise or control the
3920
adolescent's conduct by administering any substance without the adolescent's
3921
knowledge.
3922
(5) The offenses referred to in Subsection (2) are:
3923
(a) rape under Section 76-5-402;
3924
(b) object rape under Section 76-5-402.2;
3925
(c) forcible sodomy under Section 76-5-403;
3926
(d) aggravated sexual assault under Section 76-5-405;
3927
(e) incest under Section 76-7-102; or
3928
(f) an attempt to commit an offense listed in Subsections (5)(a) through (e).
3929
(6) An offense under this section is not eligible for a nonjudicial adjustment under Section
3930
80-6-303.5 or a referral to a youth court under Section 80-6-902.
3931
(7) Except for an offense that is transferred to a district court by the juvenile court in
3932
accordance with Section 80-6-504, the district court may enter any sentence or
3933
combination of sentences that would have been available in juvenile court but for the
3934
delayed reporting or delayed filing of the information in the district court.
- 116 - 12-20 16:50 S.B. 41
3935
[(8) An offense under this section is not subject to registration under Subsection 77-41-102
3936
(19).]
3937
Section 48. Section 76-9-702 is amended to read:
3938
76-9-702 (Effective 05/07/25). Lewdness.
3939
(1) A person is guilty of lewdness if the person under circumstances not amounting to rape,
3940
object rape, forcible sodomy, forcible sexual abuse, aggravated sexual assault, sexual
3941
abuse of a minor, unlawful sexual conduct with a 16- or 17-year-old, custodial sexual
3942
relations under Section 76-5-412, custodial sexual misconduct under Section 76-5-412.2,
3943
custodial sexual relations with youth receiving state services under Section 76-5-413,
3944
custodial sexual misconduct with youth receiving state services under Section 76-5-413.2,
3944a
3945
or an attempt to commit any of these offenses, performs any of the following acts in a
3946
public place or under circumstances which the person should know will likely cause
3947
affront or alarm to, on, or in the presence of another individual who is 14 years old or
3948
older:
3949
(a) an act of sexual intercourse or sodomy;
3950
(b) exposes his or her genitals, the female breast below the top of the areola, the
3951
buttocks, the anus, or the pubic area;
3952
(c) masturbates; or
3953
(d) any other act of lewdness.
3954
(2)(a) A person convicted the first or second time of a violation of Subsection (1) is
3955
guilty of a class B misdemeanor, except under Subsection (2)(b).
3956
(b) A person convicted of a violation of Subsection (1) is guilty of a third degree felony
3957
if at the time of the violation:
3958
(i) the person is a sex offender as defined in Section [77-27-21.7] 57-8a-102;
3959
(ii) the person has been previously convicted two or more times of violating
3960
Subsection (1);
3961
(iii) the person has previously been convicted of a violation of Subsection (1) and has
3962
also previously been convicted of a violation of Section 76-9-702.5;
3963
(iv) the person commits the offense of lewdness while also committing the offense of:
3964
(A) criminal trespass in a sex-designated changing room under Subsection
3965
76-6-206(2)(d);
3966
(B) lewdness involving a child under Section 76-9-702.5;
3967
(C) voyeurism under Section 76-9-702.7; or
- 117 - S.B. 41 12-20 16:50
3968
(D) loitering in a privacy space under Section 76-9-702.8; or
3969
(v) the person commits the offense of lewdness in a sex-designated privacy space, as
3970
defined in Section 76-9-702.8, that is not designated for individuals of the actor's
3971
sex.
3972
[(c)(i) For ] As described in Subsection 53-29-202(4), for purposes of this Subsection
3973
(2)[ and Subsection 77-41-102(19)], a plea of guilty or nolo contendere to a charge
3974
under this section that is held in abeyance under Title 77, Chapter 2a, Pleas in
3975
Abeyance, is the equivalent of a conviction. [(ii)] This Subsection (2)(c) also applies if
3976
the charge under this Subsection (2) has been subsequently reduced or dismissed in
3977
accordance with the plea in abeyance agreement.
3978
(3)(a) As used in this Subsection (3):
3979
(i) "Common area of a privacy space" means any area of a privacy space other than:
3980
(A) a toilet stall with a closed door;
3981
(B) immediately in front of a urinal during use; or
3982
(C) a shower stall with a closed door or other closed covering.
3983
(ii) "Privacy space" means the same as that term is defined in Section 76-9-702.8.
3984
(b) The common area of a privacy space constitutes a public place or circumstance
3985
described in Subsection (1) where an act or an attempted act described in Subsection
3986
(1) constitutes lewdness.
3987
(c) Within the common area of a dressing room, fitting room, locker room, changing
3988
facility, or any other space designated for multiple individuals to dress or undress
3989
within the same space, exposing, displaying, or otherwise uncovering genitalia that
3990
does not correspond with the sex designation of the changing room constitutes an act
3991
or an attempted act described in Subsection (1) that constitutes lewdness.
3992
(4) A woman's breast feeding, including breast feeding in any location where the woman
3993
otherwise may rightfully be, does not under any circumstance constitute a lewd act,
3994
irrespective of whether or not the breast is covered during or incidental to feeding.
3995
Section 49. Section 76-9-702.1 is amended to read:
3996
76-9-702.1 (Effective 05/07/25). Sexual battery.
3997
(1) An actor is guilty of sexual battery if the actor, under circumstances not amounting to an
3998
offense under Subsection (2), intentionally touches, whether or not through clothing, the
3999
anus, buttocks, or any part of the genitals of another individual, or the breast of a female
4000
individual, and the actor's conduct is under circumstances the actor knows or should
4001
know will likely cause affront or alarm to the individual touched.
- 118 - 12-20 16:50 S.B. 41
4002
(2) Offenses referred to in Subsection (1) are:
4003
(a) rape under Section 76-5-402;
4004
(b) rape of a child under Section 76-5-402.1;
4005
(c) object rape under Section 76-5-402.2;
4006
(d) object rape of a child under Section 76-5-402.3;
4007
(e) forcible sodomy under Subsection 76-5-403(2);
4008
(f) sodomy on a child under Section 76-5-403.1;
4009
(g) forcible sexual abuse under Section 76-5-404;
4010
(h) sexual abuse of a child under Section 76-5-404.1;
4011
(i) aggravated sexual abuse of a child under Section 76-5-404.3;
4012
(j) aggravated sexual assault under Section 76-5-405; and
4013
(k) an attempt to commit an offense under this Subsection (2).
4014
(3) Sexual battery is a class A misdemeanor.
4015
[(4)(a) For purposes of Subsection 77-41-102(19) only, a plea of guilty or nolo
4016
contendere to a charge under this section that is held in abeyance under Title 77, Chapter
4017
2a, Pleas in Abeyance, is the equivalent of a conviction.]
4018
[(b) This Subsection (4) also applies if the charge under this section has been subsequently
4019
reduced or dismissed in accordance with the plea in abeyance agreement.]
4020
Section 50. Section 76-9-702.5 is amended to read:
4021
76-9-702.5 (Effective 05/07/25). Lewdness involving a child.
4022
(1) As used in this section:
4023
(a) "In the presence of" includes within visual contact through an electronic device.
4024
(b) "Common area of a privacy space" means the same as that term is defined in Section
4025
76-9-702.
4026
(c) "Privacy space" means the same as that term is defined in Section 76-9-702.8.
4027
(2) A person is guilty of lewdness involving a child if the person under circumstances not
4028
amounting to rape of a child, object rape of a child, sodomy upon a child, sexual abuse
4029
of a child, aggravated sexual abuse of a child, or an attempt to commit any of those
4030
offenses, intentionally or knowingly:
4031
(a) does any of the following in the presence of a child who is under 14 years of age:
4032
(i) performs an act of sexual intercourse or sodomy;
4033
(ii) exposes his or her genitals, the female breast below the top of the areola, the
4034
buttocks, the anus, or the pubic area:
4035
(A) in a public place; or
- 119 - S.B. 41 12-20 16:50
4036
(B) in a private place under circumstances the person should know will likely
4037
cause affront or alarm or with the intent to arouse or gratify the sexual desire of
4038
the actor or the child;
4039
(iii) masturbates; or
4040
(iv) performs any other act of lewdness; or
4041
(b) under circumstances not amounting to sexual exploitation of a child under Section
4042
76-5b-201 or aggravated sexual exploitation of a child under Section 76-5b-201.1,
4043
causes a child under the age of 14 years to expose his or her genitals, anus, or breast,
4044
if female, to the actor, with the intent to arouse or gratify the sexual desire of the
4045
actor or the child.
4046
(3)(a) Lewdness involving a child is a class A misdemeanor, except under Subsection
4047
(3)(b).
4048
(b) Lewdness involving a child is a third degree felony if at the time of the violation:
4049
(i) the person is a sex offender [as defined in Section 77-27-21.7] as described in
4050
Subsection 53-29-202(2)(b) and the offense that the individual committed that
4051
resulted in the individual being a sex offender was committed against an
4052
individual younger than 18 years old;
4053
(ii) the person has previously been convicted of a violation of this section;
4054
(iii) the person commits the offense of lewdness involving a child while also
4055
committing the offense of:
4056
(A) criminal trespass in a sex-designated changing room under Subsection
4057
76-6-206(2)(d);
4058
(B) lewdness under Section 76-9-702;
4059
(C) voyeurism under Section 76-9-702.7; or
4060
(D) loitering in a privacy space under Section 76-9-702.8; or
4061
(iv) the person commits the offense of lewdness involving a child in a sex-designated
4062
privacy space, as defined in Section 76-9-702.8, that is not designated for
4063
individuals of the actor's sex.
4064
(4)(a) The common area of a privacy space constitutes a public place or circumstance
4065
described in Subsection (2) where an act or an attempted act described in Subsection
4066
(2) constitutes lewdness involving a child.
4067
(b) Within the common area of a government entity's dressing room, fitting room, locker
4068
room, changing facility, or any other space designated for multiple individuals to
4069
dress or undress within the same space, exposing, displaying, or otherwise
- 120 - 12-20 16:50 S.B. 41
4070
uncovering genitalia that does not correspond with the sex designation of the
4071
changing room constitutes an act or an attempted act described in Subsection (2) that
4072
constitutes lewdness involving a child.
4073
Section 51. Section 77-2-2.3 is amended to read:
4074
77-2-2.3 (Effective 05/07/25). Reducing the level of an offense.
4075
(1) Notwithstanding any other provision of law, a prosecuting attorney may:
4076
(a) present and file an information charging an individual for an offense under
4077
Subsections 76-3-103(1)(b) through (d), Subsection 76-3-103(2), or Section 76-3-104
4078
with a classification of the offense at one degree lower than the classification that is
4079
provided in statute if the prosecuting attorney believes that the sentence would be
4080
disproportionate to the offense because there are special circumstances relating to the
4081
offense; or
4082
(b) subject to the approval of the court, amend an information, as part of a plea
4083
agreement, to charge an individual for an offense under Subsections 76-3-103(1)(b)
4084
through (d), Subsection 76-3-103(2), or Section 76-3-104 with a classification of the
4085
offense at one degree lower than the classification that is provided in statute.
4086
(2) A court may:
4087
(a) enter a judgment of conviction for an offense filed under Subsection (1) at one
4088
degree lower than classified in statute; and
4089
(b) impose a sentence for the offense filed under Subsection (1) at one degree lower than
4090
classified in statute.
4091
(3) A conviction of an offense at one degree lower than classified in statute under
4092
Subsection (2) does not affect the requirements for registration of the offense under [
4093
Title 77, Chapter 41, Sex, Kidnap, and Child Abuse Offender Registry] Title 53, Chapter
4094
29, Sex, Kidnap, and Child Abuse Offender Registry, if the elements of the offense for
4095
which the defendant is convicted are the same as the elements of [an] a registrable
4096
offense described in Section [77-41-102] 53-29-202.
4097
(4) This section does not preclude an individual from obtaining and being granted an
4098
expungement for the individual's record in accordance with Title 77, Chapter 40a,
4099
Expungement of Criminal Records.
4100
Section 52. Section 77-11c-101 is amended to read:
4101
77-11c-101 (Effective 05/07/25). Definitions.
4102
As used in this chapter:
4103
(1) "Acquitted" means the same as that term is defined in Section 77-11b-101.
- 121 - S.B. 41 12-20 16:50
4104
(2) "Adjudicated" means that:
4105
(a)(i) a judgment of conviction by plea or verdict of an offense has been entered by a
4106
court; and
4107
(ii) a sentence has been imposed by the court; or
4108
(b) a judgment has been entered for an adjudication of an offense by a juvenile court
4109
under Section 80-6-701.
4110
(3) "Adjudication" means:
4111
(a) a judgment of conviction by plea or verdict of an offense; or
4112
(b) an adjudication for an offense by a juvenile court under Section 80-6-701.
4113
(4) "Agency" means the same as that term is defined in Section 77-11a-101.
4114
(5) "Appellate court" means the Utah Court of Appeals, the Utah Supreme Court, or the
4115
United States Supreme Court.
4116
(6)(a) "Biological evidence" means an item that contains blood, semen, hair, saliva,
4117
epithelial cells, latent fingerprint evidence that may contain biological material
4118
suitable for DNA testing, or other identifiable human biological material that:
4119
(i) is collected as part of an investigation or prosecution of a violent felony offense;
4120
and
4121
(ii) may reasonably be used to incriminate or exculpate a person for the violent
4122
felony offense.
4123
(b) "Biological evidence" includes:
4124
(i) material that is catalogued separately, including:
4125
(A) on a slide or swab; or
4126
(B) inside a test tube, if the evidentiary sample that previously was inside the test
4127
tube has been consumed by testing;
4128
(ii) material that is present on other evidence, including clothing, a ligature, bedding,
4129
a drinking cup, a cigarette, or a weapon, from which a DNA profile may be
4130
obtained;
4131
(iii) the contents of a sexual assault kit; and
4132
(iv) for a violent felony offense, material described in this Subsection (6) that is in
4133
the custody of an evidence collecting or retaining entity on May 4, 2022.
4134
(7) "Claimant" means the same as that term is defined in Section 77-11a-101.
4135
(8) "Computer" means the same as that term is defined in Section 77-11a-101.
4136
(9) "Continuous chain of custody" means:
4137
(a) for a law enforcement agency or a court, that legal standards regarding a continuous
- 122 - 12-20 16:50 S.B. 41
4138
chain of custody are maintained; and
4139
(b) for an entity that is not a law enforcement agency or a court, that the entity maintains
4140
a record in accordance with legal standards required of the entity.
4141
(10) "Contraband" means the same as that term is defined in Section 77-11a-101.
4142
(11) "Controlled substance" means the same as that term is defined in Section 58-37-2.
4143
(12) "Court" means a municipal, county, or state court.
4144
(13) "DNA" means deoxyribonucleic acid.
4145
(14) "DNA profile" means a unique identifier of an individual derived from DNA.
4146
(15) "Drug paraphernalia" means the same as that term is defined in Section 58-37a-3.
4147
(16) "Evidence" means property, contraband, or an item or substance that:
4148
(a) is seized or collected as part of an investigation or prosecution of an offense; and
4149
(b) may reasonably be used to incriminate or exculpate an individual for an offense.
4150
(17)(a) "Evidence collecting or retaining entity" means an entity within the state that
4151
collects, stores, or retrieves biological evidence.
4152
(b) "Evidence collecting or retaining entity" includes:
4153
(i) a medical or forensic entity;
4154
(ii) a law enforcement agency;
4155
(iii) a court; and
4156
(iv) an official, employee, or agent of an entity or agency described in this Subsection
4157
(17).
4158
(v) "Evidence collecting or retaining entity" does not include a collecting facility
4159
defined in Section 53-10-902.
4160
(18) "Exhibit" means property, contraband, or an item or substance that is admitted into
4161
evidence for a court proceeding.
4162
(19) "In custody" means an individual who:
4163
(a) is incarcerated, civilly committed, on parole, or on probation; or
4164
(b) is required to register under [Title 77, Chapter 41, Sex, Kidnap, and Child Abuse
4165
Offender Registry] Title 53, Chapter 29, Sex, Kidnap, and Child Abuse Offender
4166
Registry.
4167
(20) "Law enforcement agency" means the same as that term is defined in Section
4168
77-11a-101.
4169
(21) "Medical or forensic entity" means a private or public hospital, medical facility, or
4170
other entity that secures biological evidence or conducts forensic examinations related to
4171
criminal investigations.
- 123 - S.B. 41 12-20 16:50
4172
(22) "Physical evidence" includes evidence that:
4173
(a) is related to:
4174
(i) an investigation;
4175
(ii) an arrest; or
4176
(iii) a prosecution that resulted in a judgment of conviction; and
4177
(b) is in the actual or constructive possession of a law enforcement agency or a court or
4178
an agent of a law enforcement agency or a court.
4179
(23) "Property" means the same as that term is defined in Section 77-11a-101.
4180
(24) "Prosecuting attorney" means the same as that term is defined in Section 77-11a-101.
4181
(25) "Sexual assault kit" means the same as that term is defined in Section 53-10-902.
4182
(26) "Victim" means the same as that term is defined in Section 53-10-902.
4183
(27) "Violent felony offense" means the same as the term "violent felony" is defined in
4184
Section 76-3-203.5.
4185
(28) "Wildlife" means the same as that term is defined in Section 23A-1-101.
4186
Section 53. Section 77-27-5.2 is amended to read:
4187
77-27-5.2 (Effective 05/07/25). Board authority to order removal from Sex,
4188
Kidnap, and Child Abuse Offender Registry.
4189
(1) If the board grants a pardon for a conviction described in Section 53-29-202 that is the
4190
basis for an individual's registration on the Sex, Kidnap, and Child Abuse Offender
4191
Registry, the board shall issue an order directing the Department of Public Safety to
4192
remove the individual's name and personal information relating to the pardoned
4193
conviction from the Sex, Kidnap, and Child Abuse Offender Registry.
4194
(2) An order described in Subsection (1), issued by the board, satisfies the notification
4195
requirement described in Subsection [77-41-113(1)(b)] 53-29-405(1)(b).
4196
Section 54. Section 77-38-605 is amended to read:
4197
77-38-605 (Effective 05/07/25). Administration -- Application.
4198
(1) The commission shall provide an application form to an applicant who seeks to
4199
participate in the program under this part.
4200
(2) The commission may not charge an applicant or program participant for an application
4201
or participation fee to apply for, or participate in, the program.
4202
(3) The application shall include:
4203
(a) the applicant's name;
4204
(b) a mailing address, a phone number, and an email address where the applicant may be
4205
contacted by the commission;
- 124 - 12-20 16:50 S.B. 41
4206
(c) an indication regarding whether the assailant is employed by a state or local
4207
government entity, and if applicable, the name of the state or local government entity;
4208
(d) a statement that the applicant understands and consents to:
4209
(i) remain enrolled in the program for four years, unless the applicant's participation
4210
in the program is cancelled under Section 77-38-617;
4211
(ii) while the applicant is enrolled in the program, notify the commission when the
4212
applicant changes the applicant's actual address or legal name;
4213
(iii) develop a safety plan with a program assistant;
4214
(iv) authorize the commission to notify a state or local government entity that the
4215
applicant is a program participant;
4216
(v) submit written notice to the commission if the applicant chooses to cancel the
4217
applicant's participation in the program;
4218
(vi) register to vote in person at the office of the clerk in the county where the
4219
applicant's actual address is located; and
4220
(vii) certify that the commission is the applicant's designated agent for service of
4221
process for personal service;
4222
(e) evidence that the applicant, or a minor or an incapacitated individual residing with
4223
the applicant, is a victim, including:
4224
(i) a law enforcement, court, or other state, local, or federal government agency
4225
record; or
4226
(ii) a document from:
4227
(A) a domestic violence program, facility, or shelter;
4228
(B) a sexual assault program; or
4229
(C) a religious, medical, or other professional from whom the applicant, or the
4230
minor or the incapacitated individual residing with the applicant, sought
4231
assistance in dealing with alleged abuse, domestic violence, stalking, or a
4232
sexual offense;
4233
(f) a statement from the applicant that a disclosure of the applicant's actual address
4234
would endanger the applicant, or a minor or an incapacitated individual residing with
4235
the applicant;
4236
(g) a statement by the applicant that the applicant:
4237
(i) resides at a residential address that is not known by the assailant;
4238
(ii) has relocated to a different residential address in the past 90 days that is not
4239
known by the assailant; or
- 125 - S.B. 41 12-20 16:50
4240
(iii) will relocate to a different residential address in the state within 90 days that is
4241
not known by the assailant;
4242
(h) the actual address that:
4243
(i) the applicant requests that the commission not disclose; and
4244
(ii) is at risk of discovery by the assailant or potential assailant;
4245
(i) a statement by the applicant disclosing:
4246
(i) the existence of a court order or action involving the applicant, or a minor or an
4247
incapacitated individual residing with the applicant, related to a divorce
4248
proceeding, a child support order or judgment, or the allocation of custody or
4249
parent-time; and
4250
(ii) the court that issued the order or has jurisdiction over the action;
4251
(j) the name of any other individual who resides with the applicant who needs to be a
4252
program participant to ensure the safety of the applicant, or a minor or an
4253
incapacitated individual residing with the applicant;
4254
(k) a statement by the applicant that:
4255
(i) the applicant, or a minor or an incapacitated individual residing at the same
4256
address as the applicant, will benefit from participation in the program;
4257
(ii) if the applicant intends to vote, the applicant will register to vote at the office of
4258
the clerk in the county in which the applicant actually resides; and
4259
(iii) the applicant does not have a current obligation to register as a sex offender,
4260
kidnap offender, or child abuse offender under [Title 77, Chapter 41, Sex, Kidnap,
4261
and Child Abuse Offender Registry] Title 53, Chapter 29, Sex, Kidnap, and Child
4262
Abuse Offender Registry;
4263
(l) a statement by the applicant, under penalty of perjury, that the information contained
4264
in the application is true;
4265
(m) a statement that:
4266
(i) if the applicant intends to use the assigned address for any correspondence with
4267
the State Tax Commission, the applicant must provide the State Tax Commission
4268
with the applicant's social security number, federal employee identification
4269
number, and any other identification number related to a tax, fee, charge, or
4270
license administered by the State Tax Commission; and
4271
(ii) if the applicant intends to use the assigned address for correspondence to a state
4272
or local government entity for the purpose of titling or registering a motor vehicle
4273
or a watercraft that is owned or leased by the applicant, the applicant shall provide
- 126 - 12-20 16:50 S.B. 41
4274
to the state or local government entity for each motor vehicle or watercraft:
4275
(A) the motor vehicle or hull identification number;
4276
(B) the license plate or registration number for the motor vehicle or the watercraft;
4277
and
4278
(C) the physical address where each motor vehicle or watercraft is stored; and
4279
(n) a statement that any assistance or counseling provided by a program assistant as part
4280
of the program does not constitute legal advice or legal services to the applicant.
4281
Section 55. Section 77-40a-303 is amended to read:
4282
77-40a-303 (Effective 05/07/25). Requirements for a certificate of eligibility to
4283
expunge records of a conviction.
4284
(1) Except as otherwise provided by this section, a petitioner is eligible to receive a
4285
certificate of eligibility from the bureau to expunge the records of a conviction if:
4286
(a) the petitioner has paid in full all fines and interest ordered by the court related to the
4287
conviction for which expungement is sought;
4288
(b) the petitioner has paid in full all restitution ordered by the court under Section
4289
77-38b-205; and
4290
(c) the following time periods have passed after the day on which the petitioner was
4291
convicted or released from incarceration, parole, or probation, whichever occurred
4292
last, for the conviction that the petitioner seeks to expunge:
4293
(i) 10 years for the conviction of a misdemeanor under Subsection 41-6a-501(2);
4294 (ii) 10 years for the conviction of a felony for operating a motor vehicle with any amount of a
4295
controlled substance in an individual's body and causing serious bodily injury or death, as
4296
codified before May 4, 2022, Laws of Utah 2021,
4297
Chapter 236, Section 1, Subsection 58-37-8(2)(g);
4298
(iii) seven years for the conviction of a felony;
4299
(iv) five years for the conviction of a drug possession offense that is a felony;
4300
(v) five years for the conviction of a class A misdemeanor;
4301
(vi) four years for the conviction of a class B misdemeanor; or
4302
(vii) three years for the conviction of a class C misdemeanor or infraction.
4303
(2) A petitioner is not eligible to receive a certificate of eligibility from the bureau to
4304
expunge the records of a conviction under Subsection (1) if:
4305
(a) except as provided in Subsection (3), the conviction for which expungement is
4306
sought is:
4307
(i) a capital felony;
- 127 - S.B. 41 12-20 16:50
4308
(ii) a first degree felony;
4309
(iii) a felony conviction of a violent felony as defined in Subsection 76-3-203.5
4310
(1)(c)(i);
4311
(iv) a felony conviction described in Subsection 41-6a-501(2);
4312
(v) an offense, or a combination of offenses, that would [require the individual to
4313
register as a sex offender, as defined in Section 77-41-102] result in the individual
4314
being a sex offender under Subsection 53-29-202(2)(b); or
4315
(vi) [a registerable child abuse offense as defined in Subsection 77-41-102(1);] an
4316
offense, or a combination of offenses, that would result in the individual being a
4317
child abuse offender under Subsection 53-29-202(2)(a);
4318
(b) there is a criminal proceeding for a misdemeanor or felony offense pending against
4319
the petitioner, unless the criminal proceeding is for a traffic offense;
4320
(c) there is a plea in abeyance for a misdemeanor or felony offense pending against the
4321
petitioner, unless the plea in abeyance is for a traffic offense;
4322
(d) the petitioner is currently incarcerated, on parole, or on probation, unless the
4323
petitioner is on probation or parole for an infraction, a traffic offense, or a minor
4324
regulatory offense;
4325
(e) the petitioner intentionally or knowingly provides false or misleading information on
4326
the application for a certificate of eligibility;
4327
(f) there is a criminal protective order or a criminal stalking injunction in effect for the
4328
case; or
4329
(g) the bureau determines that the petitioner's criminal history makes the petitioner
4330
ineligible for a certificate of eligibility under Subsection (4) or (5).
4331
(3) Subsection (2)(a) does not apply to a conviction for a qualifying sexual offense, as
4332
defined in Section 76-3-209, if, at the time of the offense, a petitioner who committed
4333
the offense was at least 14 years old but under 18 years old, unless the petitioner was
4334
convicted by a district court as an adult in accordance with [Title 80, Chapter 6, Part 5,
4335
Transfer to District Court] Title 80, Chapter 6, Part 5, Minor Tried as an Adult.
4336
(4) Subject to Subsections (6), (7), and (8), a petitioner is not eligible to receive a certificate
4337
of eligibility if, at the time the petitioner seeks the certificate of eligibility, the bureau
4338
determines that the petitioner's criminal history, including previously expunged
4339
convictions, contains any of the following:
4340
(a) two or more felony convictions other than for drug possession offenses, each of
4341
which is contained in a separate criminal episode;
- 128 - 12-20 16:50 S.B. 41
4342
(b) any combination of three or more convictions other than for drug possession offenses
4343
that include two class A misdemeanor convictions, each of which is contained in a
4344
separate criminal episode;
4345
(c) any combination of four or more convictions other than for drug possession offenses
4346
that include three class B misdemeanor convictions, each of which is contained in a
4347
separate criminal episode; or
4348
(d) five or more convictions other than for drug possession offenses of any degree
4349
whether misdemeanor or felony, each of which is contained in a separate criminal
4350
episode.
4351
(5) Subject to Subsections (7) and (8), a petitioner is not eligible to receive a certificate of
4352
eligibility if, at the time the petitioner seeks the certificate of eligibility, the bureau
4353
determines that the petitioner's criminal history, including previously expunged
4354
convictions, contains any of the following:
4355
(a) three or more felony convictions for drug possession offenses, each of which is
4356
contained in a separate criminal episode; or
4357
(b) any combination of five or more convictions for drug possession offenses, each of
4358
which is contained in a separate criminal episode.
4359
(6) If the petitioner's criminal history contains convictions for both a drug possession
4360
offense and a non-drug possession offense arising from the same criminal episode, the
4361
bureau shall count that criminal episode as a conviction under Subsection (4) if any
4362
non-drug possession offense in that episode:
4363
(a) is a felony or class A misdemeanor; or
4364
(b) has the same or a longer waiting period under Subsection (1)(c) than any drug
4365
possession offense in that episode.
4366
(7) Except as provided in Subsection (8), if at least 10 years have passed after the day on
4367
which the petitioner was convicted or released from incarceration, parole, or probation,
4368
whichever occurred last, for all convictions:
4369
(a) each numerical eligibility limit under Subsections (4)(a) and (b) shall be increased by
4370
one; and
4371
(b) each numerical eligibility limit under Subsections (4)(c) and (d) is not applicable if
4372
the highest level of convicted offense in the criminal episode is:
4373
(i) a class B misdemeanor;
4374
(ii) a class C misdemeanor;
4375
(iii) a drug possession offense if none of the non-drug possession offenses in the
- 129 - S.B. 41 12-20 16:50
4376
criminal episode are a felony or a class A misdemeanor; or
4377
(iv) an infraction.
4378
(8) When determining whether a petitioner is eligible for a certificate of eligibility under
4379
Subsection (4), (5), or (7), the bureau may not consider a petitioner's pending case or
4380
prior conviction for:
4381
(a) an infraction;
4382
(b) a traffic offense;
4383
(c) a minor regulatory offense; or
4384
(d) a clean slate eligible case that was automatically expunged.
4385
(9) If the petitioner received a pardon before May 14, 2013, from the Utah Board of
4386
Pardons and Parole, the petitioner is entitled to an expungement order for all pardoned
4387
crimes in accordance with Section 77-27-5.1.
4388
Section 56. Section 77-40a-403 is amended to read:
4389
77-40a-403 (Effective 05/07/25). Release and use of expunged records --
4390
Agencies.
4391
(1)(a) An agency with an expunged record, or any employee of an agency with an
4392
expunged record, may not knowingly or intentionally divulge any information
4393
contained in the expunged record to any person, or another agency, without a court
4394
order unless:
4395
(i) specifically authorized by Subsection (4) or Section 77-40a-404; or
4396
(ii) subject to Subsection (1)(b), the information in an expunged record is being
4397
shared with another agency through a records management system that both
4398
agencies use for the purpose of record management.
4399
(b) An agency with a records management system may not disclose any information in
4400
an expunged record to another agency or person, or allow another agency or person
4401
access to an expunged record, if that agency or person does not use the records
4402
management system for the purpose of record management.
4403
(2) The following entities or agencies may receive information contained in expunged
4404
records upon specific request:
4405
(a) the Board of Pardons and Parole;
4406
(b) Peace Officer Standards and Training;
4407
(c) federal authorities if required by federal law;
4408
(d) the State Board of Education;
4409
(e) the Commission on Criminal and Juvenile Justice, for purposes of investigating
- 130 - 12-20 16:50 S.B. 41
4410
applicants for judicial office; and
4411
(f) a research institution or an agency engaged in research regarding the criminal justice
4412
system if:
4413
(i) the research institution or agency provides a legitimate research purpose for
4414
gathering information from the expunged records;
4415
(ii) the research institution or agency enters into a data sharing agreement with the
4416
court or agency with custody of the expunged records that protects the
4417
confidentiality of any identifying information in the expunged records;
4418
(iii) any research using expunged records does not include any individual's name or
4419
identifying information in any product of that research; and
4420
(iv) any product resulting from research using expunged records includes a disclosure
4421
that expunged records were used for research purposes.
4422
(3) Except as otherwise provided by this section or by court order, a person, an agency, or
4423
an entity authorized by this section to view expunged records may not reveal or release
4424
any information obtained from the expunged records to anyone outside the specific
4425
request, including distribution on a public website.
4426
(4) A prosecuting attorney may communicate with another prosecuting attorney, or another
4427
prosecutorial agency, regarding information in an expunged record that includes a
4428
conviction, or a charge dismissed as a result of a successful completion of a plea in
4429
abeyance agreement, for:
4430
(a) stalking as described in Section 76-5-106.5;
4431
(b) a domestic violence offense as defined in Section 77-36-1;
4432
(c) an offense that would [require the individual to register as a sex offender, kidnap
4433
offender, or child abuse offender as defined in Section 77-41-102] result in the
4434
individual being a child abuse offender, a sex offender, or a kidnap offender under
4435
Section 53-29-202; or
4436
(d) a weapons offense under Title 76, Chapter 10, Part 5, Weapons.
4437
(5) Except as provided in Subsection (7), a prosecuting attorney may not use an expunged
4438
record for the purpose of a sentencing enhancement or as a basis for charging an
4439
individual with an offense that requires a prior conviction.
4440
(6) The bureau may also use the information in the bureau's index as provided in Section
4441
53-5-704.
4442
(7) If an individual is charged with a felony, or an offense eligible for enhancement based
4443
on a prior conviction, after obtaining an order of expungement, the prosecuting attorney
- 131 - S.B. 41 12-20 16:50
4444
may petition the court in which the individual is charged to open the expunged records
4445
upon a showing of good cause.
4446
(8)(a) For judicial sentencing, a court may order any records expunged under this
4447
chapter or Section 77-27-5.1 to be opened and admitted into evidence.
4448
(b) The records are confidential and are available for inspection only by the court,
4449
parties, counsel for the parties, and any other person who is authorized by the court to
4450
inspect them.
4451
(c) At the end of the action or proceeding, the court shall order the records expunged
4452
again.
4453
(d) Any person authorized by this Subsection (8) to view expunged records may not
4454
reveal or release any information obtained from the expunged records to anyone
4455
outside the court.
4456
(9) Records released under this chapter are classified as protected under Section 63G-2-305
4457
and are accessible only as provided under Title 63G, Chapter 2, Part 2, Access to
4458
Records, and Subsection 53-10-108(2)(k) for records held by the bureau.
4459
Section 57. Section 78A-2-301 is amended to read:
4460
78A-2-301 (Effective 05/07/25). Civil fees of the courts of record -- Courts
4461
complex design.
4462
(1)(a) The fee for filing any civil complaint or petition invoking the jurisdiction of a
4463
court of record not governed by another subsection is $375.
4464
(b) The fee for filing a complaint or petition is:
4465
(i) $90 if the claim for damages or amount in interpleader exclusive of court costs,
4466
interest, and attorney fees is $2,000 or less;
4467
(ii) $200 if the claim for damages or amount in interpleader exclusive of court costs,
4468
interest, and attorney fees is greater than $2,000 and less than $10,000;
4469
(iii) $375 if the claim for damages or amount in interpleader is $10,000 or more;
4470
(iv) except as provided in Subsection (1)(b)(v), $325 if the petition is filed for an
4471
action described in Title 81, Chapter 4, Dissolution of Marriage;
4472
(v) $35 for a petition for temporary separation described in Section 81-4-104;
4473
(vi) $125 if the petition is for removal from the [The ]Sex, Kidnap, and Child Abuse
4474
Offender Registry under Section [77-41-112] 53-29-204, 53-29-205, or 53-29-206;
4475
and
4476
(vii) $35 if the petition is for guardianship and the prospective ward is the biological
4477
or adoptive child of the petitioner.
- 132 - 12-20 16:50 S.B. 41
4478
(c) The fee for filing a small claims affidavit is:
4479
(i) $60 if the claim for damages or amount in interpleader exclusive of court costs,
4480
interest, and attorney fees is $2,000 or less;
4481
(ii) $100 if the claim for damages or amount in interpleader exclusive of court costs,
4482
interest, and attorney fees is greater than $2,000, but less than $7,500; and
4483
(iii) $185 if the claim for damages or amount in interpleader exclusive of court costs,
4484
interest, and attorney fees is $7,500 or more.
4485
(d) The fee for filing a counter claim, cross claim, complaint in intervention, third party
4486
complaint, or other claim for relief against an existing or joined party other than the
4487
original complaint or petition is:
4488
(i) $55 if the claim for relief exclusive of court costs, interest, and attorney fees is
4489
$2,000 or less;
4490
(ii) $165 if the claim for relief exclusive of court costs, interest, and attorney fees is
4491
greater than $2,000 and less than $10,000;
4492
(iii) $170 if the original petition is filed under Subsection (1)(a), the claim for relief is
4493
$10,000 or more, or the party seeks relief other than monetary damages; and
4494
(iv) $130 if the original petition is filed for an action described in Title 81, Chapter 4,
4495
Dissolution of Marriage.
4496
(e) The fee for filing a small claims counter affidavit is:
4497
(i) $50 if the claim for relief exclusive of court costs, interest, and attorney fees is
4498
$2,000 or less;
4499
(ii) $70 if the claim for relief exclusive of court costs, interest, and attorney fees is
4500
greater than $2,000, but less than $7,500; and
4501
(iii) $120 if the claim for relief exclusive of court costs, interest, and attorney fees is
4502
$7,500 or more.
4503
(f) The fee for depositing funds under Section 57-1-29 when not associated with an
4504
action already before the court is determined under Subsection (1)(b) based on the
4505
amount deposited.
4506
(g) The fee for filing a petition is:
4507
(i) $240 for trial de novo of an adjudication of the justice court or of the small claims
4508
department; and
4509
(ii) $80 for an appeal of a municipal administrative determination in accordance with
4510
Section 10-3-703.7.
4511
(h) The fee for filing a notice of appeal, petition for appeal of an interlocutory order, or
- 133 - S.B. 41 12-20 16:50
4512
petition for writ of certiorari is $240.
4513
(i) The fee for filing a petition for expungement is $150.
4514
(j)(i) Fifteen dollars of the fees established by Subsections (1)(a) through (i) shall be
4515
allocated to and between the Judges' Contributory Retirement Trust Fund and the
4516
Judges' Noncontributory Retirement Trust Fund, as provided in Title 49, Chapter
4517
17, Judges' Contributory Retirement Act, and Title 49, Chapter 18, Judges'
4518
Noncontributory Retirement Act.
4519
(ii) Four dollars of the fees established by Subsections (1)(a) through (i) shall be
4520
allocated by the state treasurer to be deposited into the restricted account,
4521
Children's Legal Defense Account, as provided in Section 51-9-408.
4522
(iii) Five dollars of the fees established under Subsections (1)(a) through (e), (1)(g),
4523
and (1)(s) shall be allocated to and deposited with the Dispute Resolution Account
4524
as provided in Section 78B-6-209.
4525
(iv) Thirty dollars of the fees established by Subsections (1)(a), (1)(b)(iii) and (iv),
4526
(1)(d)(iii) and (iv), (1)(g)(ii), (1)(h), and (1)(i) shall be allocated by the state
4527
treasurer to be deposited into the restricted account, Court Security Account, as
4528
provided in Section 78A-2-602.
4529
(v) Twenty dollars of the fees established by Subsections (1)(b)(i) and (ii), (1)(d)(ii)
4530
and (1)(g)(i) shall be allocated by the state treasurer to be deposited into the
4531
restricted account, Court Security Account, as provided in Section 78A-2-602.
4532
(k) The fee for filing a judgment, order, or decree of a court of another state or of the
4533
United States is $35.
4534
(l) The fee for filing a renewal of judgment in accordance with Section 78B-6-1801 is
4535
50% of the fee for filing an original action seeking the same relief.
4536
(m) The fee for filing probate or child custody documents from another state is $35.
4537
(n)(i) The fee for filing an abstract or transcript of judgment, order, or decree of the
4538
State Tax Commission is $30.
4539
(ii) The fee for filing an abstract or transcript of judgment of a court of law of this
4540
state or a judgment, order, or decree of an administrative agency, commission,
4541
board, council, or hearing officer of this state or of its political subdivisions other
4542
than the State Tax Commission, is $50.
4543
(o) The fee for filing a judgment by confession without action under Section 78B-5-205
4544
is $35.
4545
(p) The fee for filing an award of arbitration for confirmation, modification, or vacation
- 134 - 12-20 16:50 S.B. 41
4546
under Title 78B, Chapter 11, Utah Uniform Arbitration Act, that is not part of an
4547
action before the court is $35.
4548
(q) The fee for filing a petition or counter-petition to modify a domestic relations order
4549
other than a protective order or stalking injunction is $100.
4550
(r) The fee for filing any accounting required by law is:
4551
(i) $15 for an estate valued at $50,000 or less;
4552
(ii) $30 for an estate valued at $75,000 or less but more than $50,000;
4553
(iii) $50 for an estate valued at $112,000 or less but more than $75,000;
4554
(iv) $90 for an estate valued at $168,000 or less but more than $112,000; and
4555
(v) $175 for an estate valued at more than $168,000.
4556
(s) The fee for filing a demand for a civil jury is $250.
4557
(t) The fee for filing a notice of deposition in this state concerning an action pending in
4558
another state under Utah Rules of Civil Procedure, Rule 30 is $35.
4559
(u) The fee for filing documents that require judicial approval but are not part of an
4560
action before the court is $35.
4561
(v) The fee for a petition to open a sealed record is $35.
4562
(w) The fee for a writ of replevin, attachment, execution, or garnishment is $50 in
4563
addition to any fee for a complaint or petition.
4564
(x)(i) The fee for a petition for authorization for a minor to marry required by
4565
Section 81-2-304 is $5.
4566
(ii) The fee for a petition for emancipation of a minor provided in Title 80, Chapter 7,
4567
Emancipation, is $50.
4568
(y) The fee for a certificate issued under Section 26B-8-128 is $8.
4569
(z) The fee for a certified copy of a document is $4 per document plus 50 cents per page.
4570
(aa) The fee for an exemplified copy of a document is $6 per document plus 50 cents per
4571
page.
4572
(bb) The Judicial Council shall, by rule, establish a schedule of fees for copies of
4573
documents and forms and for the search and retrieval of records under Title 63G,
4574
Chapter 2, Government Records Access and Management Act. Fees under
4575
Subsection (1)(bb) and (cc) shall be credited to the court as a reimbursement of
4576
expenditures.
4577
(cc) The Judicial Council may, by rule, establish a reasonable fee to allow members of
4578
the public to conduct a limited amount of searches on the Xchange database without
4579
having to pay a monthly subscription fee.
- 135 - S.B. 41 12-20 16:50
4580
(dd) There is no fee for services or the filing of documents not listed in this section or
4581
otherwise provided by law.
4582
(ee) Except as provided in this section, all fees collected under this section are paid to
4583
the General Fund. Except as provided in this section, all fees shall be paid at the time
4584
the clerk accepts the pleading for filing or performs the requested service.
4585
(ff) The filing fees under this section may not be charged to the state, the state's
4586
agencies, or political subdivisions filing or defending any action. In judgments
4587
awarded in favor of the state, its agencies, or political subdivisions, except the Office
4588
of Recovery Services, the court shall order the filing fees and collection costs to be
4589
paid by the judgment debtor. The sums collected under this Subsection (1)(ff) shall
4590
be applied to the fees after credit to the judgment, order, fine, tax, lien, or other
4591
penalty and costs permitted by law.
4592
(2)(a)(i) From March 17, 1994, until June 30, 1998, the state court administrator
4593
shall transfer all revenues representing the difference between the fees in effect
4594
after May 2, 1994, and the fees in effect before February 1, 1994, as dedicated
4595
credits to the Division of Facilities Construction and Management Capital Projects
4596
Fund.
4597
(ii)(A) Except as provided in Subsection (2)(a)(ii)(B), the Division of Facilities
4598
Construction and Management shall use up to $3,750,000 of the revenue
4599
deposited into the Capital Projects Fund under this Subsection (2)(a) to design
4600
and take other actions necessary to initiate the development of a courts
4601
complex in Salt Lake City.
4602
(B) If the Legislature approves funding for construction of a courts complex in
4603
Salt Lake City in the 1995 Annual General Session, the Division of Facilities
4604
Construction and Management shall use the revenue deposited into the Capital
4605
Projects Fund under this Subsection (2)(a)(ii) to construct a courts complex in
4606
Salt Lake City.
4607
(C) After the courts complex is completed and all bills connected with its
4608
construction have been paid, the Division of Facilities Construction and
4609
Management shall use any money remaining in the Capital Projects Fund under
4610
this Subsection (2)(a)(ii) to fund the Vernal District Court building.
4611
(iii) The Division of Facilities Construction and Management may enter into
4612
agreements and make expenditures related to this project before the receipt of
4613
revenues provided for under this Subsection (2)(a)(iii).
- 136 - 12-20 16:50 S.B. 41
4614
(iv) The Division of Facilities Construction and Management shall:
4615
(A) make those expenditures from unexpended and unencumbered building funds
4616
already appropriated to the Capital Projects Fund; and
4617
(B) reimburse the Capital Projects Fund upon receipt of the revenues provided for
4618
under this Subsection (2).
4619
(b) After June 30, 1998, the state court administrator shall ensure that all revenues
4620
representing the difference between the fees in effect after May 2, 1994, and the fees
4621
in effect before February 1, 1994, are transferred to the Division of Finance for
4622
deposit in the restricted account.
4623
(c) The Division of Finance shall deposit all revenues received from the state court
4624
administrator into the restricted account created by this section.
4625
(d)(i) From May 1, 1995, until June 30, 1998, the state court administrator shall
4626
transfer $7 of the amount of a fine or bail forfeiture paid for a violation of Title
4627
41, Motor Vehicles, in a court of record to the Division of Facilities Construction
4628
and Management Capital Projects Fund. The division of money pursuant to
4629
Section 78A-5-110 shall be calculated on the balance of the fine or bail forfeiture
4630
paid.
4631
(ii) After June 30, 1998, the state court administrator or a municipality shall transfer
4632
$7 of the amount of a fine or bail forfeiture paid for a violation of Title 41, Motor
4633
Vehicles, in a court of record to the Division of Finance for deposit in the
4634
restricted account created by this section. The division of money pursuant to
4635
Section 78A-5-110 shall be calculated on the balance of the fine or bail forfeiture
4636
paid.
4637
(3)(a) There is created within the General Fund a restricted account known as the State
4638
Courts Complex Account.
4639
(b) The Legislature may appropriate money from the restricted account to the state court
4640
administrator for the following purposes only:
4641
(i) to repay costs associated with the construction of the court complex that were
4642
funded from sources other than revenues provided for under this Subsection
4643
(3)(b)(i); and
4644
(ii) to cover operations and maintenance costs on the court complex.
4645
Section 58. Section 78B-8-302 is amended to read:
4646
78B-8-302 (Effective 05/07/25). Process servers.
4647
(1) A complaint, a summons, or a subpoena may be served by an individual who is:
- 137 - S.B. 41 12-20 16:50
4648
(a) 18 years old or older at the time of service; and
4649
(b) not a party to the action or a party's attorney.
4650
(2) Except as provided in Subsection (5), the following may serve all process issued by the
4651
courts of this state:
4652
(a) a peace officer employed by a political subdivision of the state acting within the
4653
scope and jurisdiction of the peace officer's employment;
4654
(b) a sheriff or appointed deputy sheriff employed by a county of the state;
4655
(c) a constable, or the constable's deputy, serving in compliance with applicable law;
4656
(d) an investigator employed by the state and authorized by law to serve civil process; or
4657
(e) a private investigator licensed in accordance with Title 53, Chapter 9, Private
4658
Investigator Regulation Act.
4659
(3) A private investigator licensed in accordance with Title 53, Chapter 9, Private
4660
Investigator Regulation Act, may not make an arrest pursuant to a bench warrant.
4661
(4) While serving process, a private investigator shall:
4662
(a) have on the investigator's body a visible form of credentials and identification
4663
identifying:
4664
(i) the investigator's name;
4665
(ii) that the investigator is a licensed private investigator; and
4666
(iii) the name and address of the agency employing the investigator or, if the
4667
investigator is self-employed, the address of the investigator's place of business;
4668
(b) verbally communicate to the person being served that the investigator is acting as a
4669
process server; and
4670
(c) print on the first page of each document served:
4671
(i) the investigator's name and identification number as a private investigator; and
4672
(ii) the address and phone number for the investigator's place of business.
4673
(5) The following may only serve process under this section when the use of force is
4674
authorized on the face of the document, or when a breach of the peace is imminent or
4675
likely under the totality of the circumstances:
4676
(a) a law enforcement officer, as defined in Section 53-13-103; or
4677
(b) a special function officer, as defined in Section 53-13-105, who is:
4678
(i) employed as an appointed deputy sheriff by a county of the state; or
4679
(ii) a constable.
4680
(6) The following may not serve process issued by a court:
4681
(a) an individual convicted of a felony violation of an offense [listed in Subsection
- 138 - 12-20 16:50 S.B. 41
4682
77-41-102(19)] that would result in the individual being a sex offender under
4683
Subsection 53-29-202(2)(b); or
4684
(b) an individual who is a respondent in a proceeding described in Title 78B, Chapter 7,
4685
Protective Orders and Stalking Injunctions, in which a court has granted the
4686
petitioner a protective order.
4687
(7) An individual serving process shall:
4688
(a) legibly document the date and time of service on the front page of the document
4689
being served;
4690
(b) legibly print the process server's name, address, and telephone number on the return
4691
of service;
4692
(c) sign the return of service in substantial compliance with Title 78B, Chapter 18a,
4693
Uniform Unsworn Declarations Act;
4694
(d) if the process server is a peace officer, sheriff, or deputy sheriff, legibly print the
4695
badge number of the process server on the return of service; and
4696
(e) if the process server is a private investigator, legibly print the private investigator's
4697
identification number on the return of service.
4698
Section 59. Section 80-3-406 is amended to read:
4699
80-3-406 (Effective 05/07/25). Permanency plan -- Reunification services.
4700
(1) If the juvenile court orders continued removal at the dispositional hearing under Section
4701
80-3-402, and that the minor remain in the custody of the division, the juvenile court
4702
shall first:
4703
(a) establish a primary permanency plan and a concurrent permanency plan for the minor
4704
in accordance with this section; and
4705
(b) determine whether, in view of the primary permanency plan, reunification services
4706
are appropriate for the minor and the minor's family under Subsections (5) through (8).
4707
(2)(a) The concurrent permanency plan shall include:
4708
(i) a representative list of the conditions under which the primary permanency plan
4709
will be abandoned in favor of the concurrent permanency plan; and
4710
(ii) an explanation of the effect of abandoning or modifying the primary permanency
4711
plan.
4712
(b) In determining the primary permanency plan and concurrent permanency plan, the
4713
juvenile court shall consider:
4714
(i) the preference for kinship placement over nonkinship placement, including the
4715
rebuttable presumption described in Subsection 80-3-302(7)(a);
- 139 - S.B. 41 12-20 16:50
4716
(ii) the potential for a guardianship placement if parental rights are terminated and no
4717
appropriate adoption placement is available; and
4718
(iii) the use of an individualized permanency plan, only as a last resort.
4719
(3)(a) The juvenile court may amend a minor's primary permanency plan before the
4720
establishment of a final permanency plan under Section 80-3-409.
4721
(b) The juvenile court is not limited to the terms of the concurrent permanency plan in
4722
the event that the primary permanency plan is abandoned.
4723
(c) If, at any time, the juvenile court determines that reunification is no longer a minor's
4724
primary permanency plan, the juvenile court shall conduct a permanency hearing in
4725
accordance with Section 80-3-409 on or before the earlier of:
4726
(i) 30 days after the day on which the juvenile court makes the determination
4727
described in this Subsection (3)(c); or
4728
(ii) the day on which the provision of reunification services, described in Section
4729
80-3-409, ends.
4730
(4)(a) Because of the state's interest in and responsibility to protect and provide
4731
permanency for minors who are abused, neglected, or dependent, the Legislature
4732
finds that a parent's interest in receiving reunification services is limited.
4733
(b) The juvenile court may determine that:
4734
(i) efforts to reunify a minor with the minor's family are not reasonable or
4735
appropriate, based on the individual circumstances; and
4736
(ii) reunification services should not be provided.
4737
(c) In determining reasonable efforts to be made with respect to a minor, and in making
4738
reasonable efforts, the juvenile court and the division shall consider the minor's
4739
health, safety, and welfare as the paramount concern.
4740
(5) There is a presumption that reunification services should not be provided to a parent if
4741
the juvenile court finds, by clear and convincing evidence, that any of the following
4742
circumstances exist:
4743
(a) the whereabouts of the parents are unknown, based on a verified affidavit indicating
4744
that a reasonably diligent search has failed to locate the parent;
4745
(b) subject to Subsection (6)(a), the parent is suffering from a mental illness of such
4746
magnitude that the mental illness renders the parent incapable of utilizing
4747
reunification services;
4748
(c) the minor was previously adjudicated as an abused child due to physical abuse,
4749
sexual abuse, or sexual exploitation, and following the adjudication the child:
- 140 - 12-20 16:50 S.B. 41
4750
(i) was removed from the custody of the minor's parent;
4751
(ii) was subsequently returned to the custody of the parent; and
4752
(iii) is being removed due to additional physical abuse, sexual abuse, or sexual
4753
exploitation;
4754
(d) the parent:
4755
(i) caused the death of another minor through abuse or neglect;
4756
(ii) committed, aided, abetted, attempted, conspired, or solicited to commit:
4757
(A) murder or manslaughter of a minor; or
4758
(B) child abuse homicide;
4759
(iii) committed sexual abuse against the minor;
4760
(iv) is [a registered sex offender or required to register as a sex offender] a sex
4761
offender under Subsection 53-29-202(2)(b); or
4762
(v)(A) intentionally, knowingly, or recklessly causes the death of another parent
4763
of the minor;
4764
(B) is identified by a law enforcement agency as the primary suspect in an
4765
investigation for intentionally, knowingly, or recklessly causing the death of
4766
another parent of the minor; or
4767
(C) is being prosecuted for or has been convicted of intentionally, knowingly, or
4768
recklessly causing the death of another parent of the minor;
4769
(e) the minor suffered severe abuse by the parent or by any individual known by the
4770
parent if the parent knew or reasonably should have known that the individual was
4771
abusing the minor;
4772
(f) the minor is adjudicated as an abused minor as a result of severe abuse by the parent,
4773
and the juvenile court finds that it would not benefit the minor to pursue reunification
4774
services with the offending parent;
4775
(g) the parent's rights are terminated with regard to any other minor;
4776
(h) the minor was removed from the minor's home on at least two previous occasions
4777
and reunification services were offered or provided to the family at those times;
4778
(i) the parent has abandoned the minor for a period of six months or longer;
4779
(j) the parent permitted the minor to reside, on a permanent or temporary basis, at a
4780
location where the parent knew or should have known that a clandestine laboratory
4781
operation was located;
4782
(k) except as provided in Subsection (6)(b), with respect to a parent who is the minor's
4783
birth mother, the minor has fetal alcohol syndrome, fetal alcohol spectrum disorder,
- 141 - S.B. 41 12-20 16:50
4784
or was exposed to an illegal or prescription drug that was abused by the minor's
4785
mother while the minor was in utero, if the minor was taken into division custody for
4786
that reason, unless the mother agrees to enroll in, is currently enrolled in, or has
4787
recently and successfully completed a substance use disorder treatment program
4788
approved by the department; or
4789
(l) any other circumstance that the juvenile court determines should preclude
4790
reunification efforts or services.
4791
(6)(a) The juvenile court shall base the finding under Subsection (5)(b) on competent
4792
evidence from at least two medical or mental health professionals, who are not
4793
associates, establishing that, even with the provision of services, the parent is not
4794
likely to be capable of adequately caring for the minor within 12 months after the day
4795
on which the juvenile court finding is made.
4796
(b) The juvenile court may disregard the provisions of Subsection (5)(k) if the juvenile
4797
court finds, under the circumstances of the case, that the substance use disorder
4798
treatment described in Subsection (5)(k) is not warranted.
4799
(7) In determining whether reunification services are appropriate, the juvenile court shall
4800
take into consideration:
4801
(a) failure of the parent to respond to previous services or comply with a previous child
4802
and family plan;
4803
(b) the fact that the minor was abused while the parent was under the influence of drugs
4804
or alcohol;
4805
(c) any history of violent behavior directed at the minor or an immediate family member;
4806
(d) whether a parent continues to live with an individual who abused the minor;
4807
(e) any patterns of the parent's behavior that have exposed the minor to repeated abuse;
4808
(f) testimony by a competent professional that the parent's behavior is unlikely to be
4809
successful; and
4810
(g) whether the parent has expressed an interest in reunification with the minor.
4811
(8) If, under Subsections (5)(b) through (l), the juvenile court does not order reunification
4812
services, a permanency hearing shall be conducted within 30 days in accordance with
4813
Section 80-3-409.
4814
(9)(a) Subject to Subsections (9)(b) through (e), if the juvenile court determines that
4815
reunification services are appropriate for the minor and the minor's family, the
4816
juvenile court shall provide for reasonable parent-time with the parent or parents
4817
from whose custody the minor was removed, unless parent-time is not in the best
- 142 - 12-20 16:50 S.B. 41
4818
interest of the minor.
4819
(b) Parent-time is in the best interests of a minor unless the juvenile court makes a
4820
finding that it is necessary to deny parent-time in order to:
4821
(i) protect the physical safety of the minor;
4822
(ii) protect the life of the minor; or
4823
(iii) prevent the minor from being traumatized by contact with the parent due to the
4824
minor's fear of the parent in light of the nature of the alleged abuse or neglect.
4825
(c) Notwithstanding Subsection (9)(a), a juvenile court may not deny parent-time based
4826
solely on a parent's failure to:
4827
(i) prove that the parent has not used legal or illegal substances; or
4828
(ii) comply with an aspect of the child and family plan that is ordered by the juvenile
4829
court.
4830
(d) Parent-time shall be under the least restrictive conditions necessary to:
4831
(i) protect the physical safety of the child; or
4832
(ii) prevent the child from being traumatized by contact with the parent due to the
4833
minor's fear of the parent in light of the nature of the alleged abuse or neglect.
4834
(e)(i) The division or the person designated by the division or a court to supervise a
4835
parent-time session may deny parent-time for the session if the division or the
4836
supervising person determines that, based on the parent's condition, it is necessary
4837
to deny parent-time to:
4838
(A) protect the physical safety of the child;
4839
(B) protect the life of the child; or
4840
(C) consistent with Subsection (9)(e)(ii), prevent the child from being traumatized
4841
by contact with the parent.
4842
(ii) In determining whether the condition of the parent described in Subsection
4843
(9)(e)(i) will traumatize a child, the division or the person supervising the
4844
parent-time session shall consider the impact that the parent's condition will have
4845
on the child in light of:
4846
(A) the child's fear of the parent; and
4847
(B) the nature of the alleged abuse or neglect.
4848
(10)(a) If the juvenile court determines that reunification services are appropriate, the
4849
juvenile court shall order that the division make reasonable efforts to provide services
4850
to the minor and the minor's parent for the purpose of facilitating reunification of the
4851
family, for a specified period of time.
- 143 - S.B. 41 12-20 16:50
4852
(b) In providing the services described in Subsection (10)(a), the juvenile court and the
4853
division shall consider the minor's health, safety, and welfare as the paramount
4854
concern.
4855
(11) In cases where sexual abuse, sexual exploitation, abandonment, severe abuse, or severe
4856
neglect are involved:
4857
(a) the juvenile court does not have any duty to order reunification services; and
4858
(b) the division does not have a duty to make reasonable efforts to or in any other way
4859
attempt to provide reunification services or attempt to rehabilitate the offending
4860
parent or parents.
4861
(12)(a) The juvenile court shall:
4862
(i) determine whether the services offered or provided by the division under the child
4863
and family plan constitute reasonable efforts on the part of the division;
4864
(ii) determine and define the responsibilities of the parent under the child and family
4865
plan in accordance with Subsection 80-3-307(5)(g)(iii); and
4866
(iii) identify verbally on the record, or in a written document provided to the parties,
4867
the responsibilities described in Subsection (12)(a)(ii), for the purpose of assisting
4868
in any future determination regarding the provision of reasonable efforts, in
4869
accordance with state and federal law.
4870
(b) If the parent is in a substance use disorder treatment program, other than a certified
4871
drug court program, the juvenile court may order the parent:
4872
(i) to submit to supplementary drug or alcohol testing, in accordance with Subsection
4873
80-3-110(6), in addition to the testing recommended by the parent's substance use
4874
disorder program based on a finding of reasonable suspicion that the parent is
4875
abusing drugs or alcohol; and
4876
(ii) to provide the results of drug or alcohol testing recommended by the substance
4877
use disorder program to the juvenile court or division.
4878
(13)(a) The time period for reunification services may not exceed 12 months from the
4879
day on which the minor was initially removed from the minor's home, unless the time
4880
period is extended under Subsection 80-3-409(7).
4881
(b) This section does not entitle any parent to an entire 12 months of reunification
4882
services.
4883
(14)(a) If reunification services are ordered, the juvenile court may terminate those
4884
services at any time.
4885
(b) If, at any time, continuation of reasonable efforts to reunify a minor is determined to
- 144 - 12-20 16:50 S.B. 41
4886
be inconsistent with the final permanency plan for the minor established under
4887
Section 80-3-409, then measures shall be taken, in a timely manner, to:
4888
(i) place the minor in accordance with the final permanency plan; and
4889
(ii) complete whatever steps are necessary to finalize the permanent placement of the
4890
minor.
4891
(15) Any physical custody of the minor by the parent or a relative during the period
4892
described in Subsections (10) through (14) does not interrupt the running of the period.
4893
(16)(a) If reunification services are ordered, the juvenile court shall conduct a
4894
permanency hearing in accordance with Section 80-3-409 before the day on which
4895
the time period for reunification services expires.
4896
(b) The permanency hearing shall be held no later than 12 months after the original
4897
removal of the minor.
4898
(c) If reunification services are not ordered, a permanency hearing shall be conducted
4899
within 30 days in accordance with Section 80-3-409.
4900
(17) With regard to a minor in the custody of the division whose parent or parents are
4901
ordered to receive reunification services but who have abandoned that minor for a period
4902
of six months from the day on which reunification services are ordered:
4903
(a) the juvenile court shall terminate reunification services; and
4904
(b) the division shall petition the juvenile court for termination of parental rights.
4905
(18) When a minor is under the custody of the division and has been separated from a
4906
sibling due to foster care or adoptive placement, a juvenile court may order sibling
4907
visitation, subject to the division obtaining consent from the sibling's guardian,
4908
according to the juvenile court's determination of the best interests of the minor for
4909
whom the hearing is held.
4910
(19)(a) If reunification services are not ordered under this section, and the whereabouts
4911
of a parent becomes known within six months after the day on which the out-of-home
4912
placement of the minor is made, the juvenile court may order the division to provide
4913
reunification services.
4914
(b) The time limits described in this section are not tolled by the parent's absence.
4915
(20)(a) If a parent is incarcerated or institutionalized, the juvenile court shall order
4916
reasonable services unless the juvenile court determines that those services would be
4917
detrimental to the minor.
4918
(b) In making the determination described in Subsection (20)(a), the juvenile court shall
4919
consider:
- 145 - S.B. 41 12-20 16:50
4920
(i) the age of the minor;
4921
(ii) the degree of parent-child bonding;
4922
(iii) the length of the sentence;
4923
(iv) the nature of the treatment;
4924
(v) the nature of the crime or illness;
4925
(vi) the degree of detriment to the minor if services are not offered;
4926
(vii) for a minor who is 10 years old or older, the minor's attitude toward the
4927
implementation of family reunification services; and
4928
(viii) any other appropriate factors.
4929
(c) Reunification services for an incarcerated parent are subject to the time limitations
4930
imposed in this section.
4931
(d) Reunification services for an institutionalized parent are subject to the time
4932
limitations imposed in this section, unless the juvenile court determines that
4933
continued reunification services would be in the minor's best interest.
4934
Section 60. Section 80-5-201 is amended to read:
4935
80-5-201 (Effective 05/07/25). Division responsibilities.
4936
(1) The division is responsible for all minors committed to the division by juvenile courts
4937
under Sections 80-6-703 and 80-6-705.
4938
(2) The division shall:
4939
(a) establish and administer a continuum of community, secure, and nonsecure programs
4940
for all minors committed to the division;
4941
(b) establish and maintain all detention and secure care facilities and set minimum
4942
standards for all detention and secure care facilities;
4943
(c) establish and operate prevention and early intervention youth services programs for
4944
nonadjudicated minors placed with the division;
4945
(d) establish observation and assessment programs necessary to serve minors in a
4946
nonresidential setting under Subsection 80-6-706(1);
4947
(e) place minors committed to the division under Section 80-6-703 in the most
4948
appropriate program for supervision and treatment;
4949
(f) employ staff necessary to:
4950
(i) supervise and control minors committed to the division for secure care or
4951
placement in the community;
4952
(ii) supervise and coordinate treatment of minors committed to the division for
4953
placement in community-based programs; and
- 146 - 12-20 16:50 S.B. 41
4954
(iii) control and supervise adjudicated and nonadjudicated minors placed with the
4955
division for temporary services in juvenile receiving centers, youth services, and
4956
other programs established by the division;
4957
(g) control or detain a minor committed to the division, or in the temporary custody of
4958
the division, in a manner that is consistent with public safety and rules made by the
4959
division;
4960
(h) establish and operate work programs for minors committed to the division by the
4961
juvenile court that:
4962
(i) are not residential;
4963
(ii) provide labor to help in the operation, repair, and maintenance of public facilities,
4964
parks, highways, and other programs designated by the division;
4965
(iii) provide educational and prevocational programs in cooperation with the State
4966
Board of Education for minors placed in the program; and
4967
(iv) provide counseling to minors;
4968
(i) establish minimum standards for the operation of all private residential and
4969
nonresidential rehabilitation facilities that provide services to minors who have
4970
committed an offense in this state or in any other state;
4971
(j) provide regular training for secure care staff, detention staff, case management staff,
4972
and staff of the community-based programs;
4973
(k) designate employees to obtain the saliva DNA specimens required under Section
4974
53-10-403;
4975
(l) ensure that the designated employees receive appropriate training and that the
4976
specimens are obtained in accordance with accepted protocol;
4977
(m) register an individual with the Department of Public Safety who:
4978
(i) is adjudicated for an offense [listed in Subsection 77-41-102(1) or 77-41-102(19)]
4979
that would result in the individual being a child abuse offender under Subsection
4980
53-29-202(2)(a) or a sex offender under Subsection 53-29-202(2)(b);
4981
(ii) is committed to the division for secure care; and
4982
(iii)(A) if the individual is a youth offender, remains in the division's custody 30
4983
days before the individual's 21st birthday; or
4984
(B) if the individual is a serious youth offender, remains in the division's custody
4985
30 days before the individual's 25th birthday; and
4986
(n) ensure that a program delivered to a minor under this section is an evidence-based
4987
program in accordance with Section 63M-7-208.
- 147 - S.B. 41 12-20 16:50
4988
(3)(a) The division is authorized to employ special function officers, as defined in
4989
Section 53-13-105, to:
4990
(i) locate and apprehend minors who have absconded from division custody;
4991
(ii) transport minors taken into custody in accordance with division policy;
4992
(iii) investigate cases; and
4993
(iv) carry out other duties as assigned by the division.
4994
(b) A special function officer may be:
4995
(i) employed through a contract with the Department of Public Safety, or any law
4996
enforcement agency certified by the Peace Officer Standards and Training
4997
Division; or
4998
(ii) directly hired by the division.
4999
(4) In the event of an unauthorized leave from secure care, detention, a community-based
5000
program, a juvenile receiving center, a home, or any other designated placement of a
5001
minor, a division employee has the authority and duty to locate and apprehend the
5002
minor, or to initiate action with a local law enforcement agency for assistance.
5003
(5) The division may proceed with an initial medical screening or assessment of a child
5004
admitted to a detention facility to ensure the safety of the child and others in the
5005
detention facility if the division makes a good faith effort to obtain consent for the
5006
screening or assessment from the child's parent or guardian.
5007
Section 61. Section 80-8-101 is amended to read:
5008
80-8-101 (Effective 05/07/25). Definitions.
5009
As used in this chapter:
5010
(1) "Child" means an individual under 18 years old.
5011
(2) "Registered sex offender check" means a search of:
5012
(a) the [state's Sex and Kidnap Offender Registry] registry described in [Title 77, Chapter
5013
41, Sex and Kidnap Offender Registry] Title 53, Chapter 29, Sex, Kidnap, and Child
5014
Abuse Offender Registry; and
5015
(b) the National Sex Offender Public Website administered by the United States
5016
Department of Justice.
5017
(3) "Sexual abuse" means the same as that term is defined in Section 78B-2-308.
5018
(4)(a) "Youth services organization" means a sports league, athletic association, church
5019
or religious organization, scouting organization, or similar formally organized
5020
association, league, or organization, that provides recreational, educational, cultural,
5021
or social programs or activities to 25 or more children.
- 148 - 12-20 16:50 S.B. 41
5022
(b) "Youth services organization" does not include any person that is required to conduct
5023
a background check on employees or volunteers under any other provision of state or
5024
federal law.
5025
(5) "Youth worker" means an individual:
5026
(a) who is 18 years old or older;
5027
(b) who is employed by or volunteers with a youth services organization; and
5028
(c) whose responsibilities as an employee or volunteer with the youth services
5029
organization give the individual regular and repeated care, supervision, guidance, or
5030
control of a child or children.
5031
Section 62. Section 80-8-201 is amended to read:
5032
80-8-201 (Effective 05/07/25). Youth protection requirements.
5033
(1) A youth service organization may not employ a youth worker or allow an individual to
5034
volunteer as a youth worker unless the youth service organization has completed a
5035
registered sex offender check for the individual.
5036
(2) A youth services organization shall require a potential youth worker to provide the
5037
individual's full name and a current, government-issued identification to facilitate the
5038
registered sex offender check required by Subsection (1).
5039
(3) If an individual is registered on the [state's Sex and Kidnap Offender Registry] registry
5040
described in Title 53, Chapter 29, Sex, Kidnap, and Child Abuse Offender Registry, or
5041
the National Sex Offender Public Website, a youth service organization may not employ
5042
the individual as a youth worker or allow the individual to volunteer as a youth worker.
5043
Section 63. Section 81-9-202 is amended to read:
5044
81-9-202 (Effective 05/07/25). Advisory guidelines for a custody and parent-time
5045
arrangement.
5046
(1) In addition to the parent-time schedules provided in Sections 81-9-302 and 81-9-304,
5047
the following advisory guidelines are suggested to govern a custody and parent-time
5048
arrangement between parents.
5049
(2) A parent-time schedule mutually agreed upon by both parents is preferable to a
5050
court-imposed solution.
5051
(3) A parent-time schedule shall be used to maximize the continuity and stability of the
5052
minor child's life.
5053
(4) Each parent shall give special consideration to make the minor child available to attend
5054
family functions including funerals, weddings, family reunions, religious holidays,
5055
important ceremonies, and other significant events in the life of the minor child or in the
- 149 - S.B. 41 12-20 16:50
5056
life of either parent which may inadvertently conflict with the parent-time schedule.
5057
(5)(a) The court shall determine the responsibility for the pick up, delivery, and return
5058
of the minor child when the parent-time order is entered.
5059
(b) The court may change the responsibility described in Subsection (5)(a) at any time a
5060
subsequent modification is made to the parent-time order.
5061
(c) If the noncustodial parent will be providing transportation, the custodial parent shall:
5062
(i) have the minor child ready for parent-time at the time the minor child is to be
5063
picked up ; and
5064
(ii) be present at the custodial home or make reasonable alternate arrangements to
5065
receive the minor child at the time the minor child is returned.
5066
(d) If the custodial parent will be transporting the minor child, the noncustodial parent
5067
shall:
5068
(i) be at the appointed place at the time the noncustodial parent is to receive the
5069
minor child; and
5070
(ii) have the minor child ready to be picked up at the appointed time and place or
5071
have made reasonable alternate arrangements for the custodial parent to pick up
5072
the minor child.
5073
(6) A parent may not interrupt regular school hours for a school-age minor child for the
5074
exercise of parent-time.
5075
(7) The court may:
5076
(a) make alterations in the parent-time schedule to reasonably accommodate the work
5077
schedule of both parents; and
5078
(b) increase the parent-time allowed to the noncustodial parent but may not diminish the
5079
standardized parent-time provided in Sections 81-9-302 and 81-9-304.
5080
(8) The court may make alterations in the parent-time schedule to reasonably accommodate
5081
the distance between the parties and the expense of exercising parent-time.
5082
(9) A parent may not withhold parent-time or child support due to the other parent's failure
5083
to comply with a court-ordered parent-time schedule.
5084
(10)(a) The custodial parent shall notify the noncustodial parent within 24 hours of
5085
receiving notice of all significant school, social, sports, and community functions in
5086
which the minor child is participating or being honored.
5087
(b) The noncustodial parent is entitled to attend and participate fully in the functions
5088
described in Subsection (10)(a).
5089
(c) The noncustodial parent shall have access directly to all school reports including
- 150 - 12-20 16:50 S.B. 41
5090
preschool and daycare reports and medical records.
5091
(d) A parent shall immediately notify the other parent in the event of a medical
5092
emergency.
5093
(11) Each parent shall provide the other with the parent's current address and telephone
5094
number, email address, and other virtual parent-time access information within 24 hours
5095
of any change.
5096
(12)(a) Each parent shall permit and encourage, during reasonable hours, reasonable
5097
and uncensored communications with the minor child, in the form of mail privileges
5098
and virtual parent-time if the equipment is reasonably available.
5099
(b) If the parents cannot agree on whether the equipment is reasonably available, the
5100
court shall decide whether the equipment for virtual parent-time is reasonably
5101
availableby taking into consideration:
5102
(i) the best interests of the minor child;
5103
(ii) each parent's ability to handle any additional expenses for virtual parent-time; and
5104
(iii) any other factors the court considers material.
5105
(13)(a) Parental care is presumed to be better care for the minor child than surrogate
5106
care.
5107
(b) The court shall encourage the parties to cooperate in allowing the noncustodial
5108
parent, if willing and able to transport the minor child, to provide the child care.
5109
(c) Child care arrangements existing during the marriage are preferred as are child care
5110
arrangements with nominal or no charge.
5111
(14) Each parent shall:
5112
(a) provide all surrogate care providers with the name, current address, and telephone
5113
number of the other parent; and
5114
(b) provide the noncustodial parent with the name, current address, and telephone
5115
number of all surrogate care providers unless the court for good cause orders
5116
otherwise.
5117
(15)(a) Each parent is entitled to an equal division of major religious holidays
5118
celebrated by the parents.
5119
(b) The parent who celebrates a religious holiday that the other parent does not celebrate
5120
shall have the right to be together with the minor child on the religious holiday.
5121
(16) If the minor child is on a different parent-time schedule than a sibling, based on
5122
Sections 81-9-302 and 81-9-304, the parents should consider if an upward deviation for
5123
parent-time with all the minor children so that parent-time is uniform between school
- 151 - S.B. 41 12-20 16:50
5124
aged and nonschool aged children, is appropriate.
5125
(17)(a) When one or both parents are servicemembers or contemplating joining a
5126
uniformed service, the parents should resolve issues of custodial responsibility in the
5127
event of deployment as soon as practicable through reaching a voluntary agreement
5128
pursuant to Section 78B-20-201 or through court order obtained pursuant to this part.
5129
(b) Service members shall ensure their family care plan reflects orders and agreements
5130
entered and filed pursuant to Title 78B, Chapter 20, Uniform Deployed Parents
5131
Custody, Parent-time, and Visitation Act.
5132
(18) A parent shall immediately notify the other parent if:
5133
(a) the parent resides with an individual or provides an individual with access to the
5134
minor child; and
5135
(b) the parent knows that the individual:
5136
(i) is required to register as a sex offender,[ or] a kidnap offender, or a child abuse
5137
offender for an offense committed against a minor child under [Title 77, Chapter
5138
41, Sex and Kidnap Offender Registry] Title 53, Chapter 29, Sex, Kidnap, and
5139
Child Abuse Offender Registry; or
5140
[(ii) is required to register as a child abuse offender under Title 77, Chapter 43,
5141
Child Abuse Offender Registry; or]
5142
[(iii)] (ii) has been convicted of:
5143
(A) a child abuse offense under Section 76-5-109, 76-5-109.2, 76-5-109.3,
5144
76-5-114, or 76-5-208;
5145
(B) a sexual offense against a minor child under Title 76, Chapter 5, Part 4, Sexual
5146
Offenses;
5147
(C) an offense for kidnapping or human trafficking of a minor child under Title
5148
76, Chapter 5, Part 3, Kidnapping, Trafficking, and Smuggling;
5149
(D) a sexual exploitation offense against a minor child under Title 76, Chapter 5b,
5150
Sexual Exploitation Act; or
5151
(E) an offense that is substantially similar to an offense under Subsections [
5152
(18)(b)(iii)(A)] (18)(b)(ii)(A) through (D).
5153
(19)(a) For emergency purposes, whenever the minor child travels with a parent, the
5154
parent shall provide the following information to the other parent:
5155
(i) an itinerary of travel dates;
5156
(ii) destinations;
5157
(iii) places where the minor child or traveling parent can be reached; and
- 152 - 12-20 16:50 S.B. 41
5158
(iv) the name and telephone number of an available third person who would be
5159
knowledgeable of the minor child's location.
5160
(b) Unchaperoned travel of a minor child under the age of five years is not
5161
recommended.
5162
Section 64. Section 81-9-208 is amended to read:
5163
81-9-208 (Effective 05/07/25). Modification or termination of a custody or
5164
parent-time order -- Noncompliance with a parent-time order.
5165
(1) The court has continuing jurisdiction to make subsequent changes to modify:
5166
(a) custody of a minor child if there is a showing of a substantial and material change in
5167
circumstances since the entry of the order; and
5168
(b) parent-time for a minor child if there is a showing that there is a change in
5169
circumstances since the entry of the order.
5170
(2) A substantial and material change in circumstances under Subsection (1)(a) includes a
5171
showing by a parent that the other parent:
5172
(a) resides with an individual or provides an individual with access to the minor child;
5173
and
5174
(b) knows that the individual:
5175
(i) is required to register as a sex offender,[ or] a kidnap offender, or a child abuse
5176
offender for an offense committed against a minor child under [Title 77, Chapter
5177
41, Sex and Kidnap Offender Registry] Title 53, Chapter 29, Sex, Kidnap, and
5178
Child Abuse Offender Registry; or
5179
[(ii) is required to register as a child abuse offender under Title 77, Chapter 43,
5180
Child Abuse Offender Registry; or]
5181
[(iii)] (ii) has been convicted of:
5182
(A) a child abuse offense under Section 76-5-109, 76-5-109.2, 76-5-109.3,
5183
76-5-114, or 76-5-208;
5184
(B) a sexual offense against a minor child under Title 76, Chapter 5, Part 4, Sexual
5185
Offenses;
5186
(C) an offense for kidnapping or human trafficking of a minor child under Title
5187
76, Chapter 5, Part 3, Kidnapping, Trafficking, and Smuggling;
5188
(D) a sexual exploitation offense against a minor child under Title 76, Chapter 5b,
5189
Sexual Exploitation Act; or
5190
(E) an offense that is substantially similar to an offense under Subsections [
5191
(2)(b)(iii)(A)] (2)(b)(ii)(A) through (D).
- 153 - S.B. 41 12-20 16:50
5192
(3) On the petition of one or both of the parents, or the joint legal or physical custodians if
5193
they are not the parents, the court may, after a hearing, modify or terminate an order that
5194
established joint legal custody or joint physical custody if:
5195
(a) the verified petition or accompanying affidavit initially alleges that admissible
5196
evidence will show that there has been a substantial and material change in the
5197
circumstances of the minor child or one or both parents or joint legal or physical
5198
custodians since the entry of the order to be modified;
5199
(b) a modification of the terms and conditions of the order would be an improvement for
5200
and in the best interest of the minor child; and
5201
(c)(i) both parents have complied in good faith with the dispute resolution procedure
5202
in accordance with Subsection 81-9-205(8); or
5203
(ii) if no dispute resolution procedure is contained in the order that established joint
5204
legal custody or joint physical custody, the court orders the parents to participate
5205
in a dispute resolution procedure in accordance with Subsection 81-9-205(13)
5206
unless the parents certify that, in good faith, they have used a dispute resolution
5207
procedure to resolve their dispute.
5208
(4)(a) In determining whether the best interest of a minor child will be served by either
5209
modifying or terminating the joint legal custody or joint physical custody order, the
5210
court shall, in addition to other factors the court considers relevant, consider the
5211
factors described in Sections 81-9-204 and 81-9-205.
5212
(b) A court order modifying or terminating an existing joint legal custody or joint
5213
physical custody order shall contain written findings that:
5214
(i) a substantial and material change of circumstance has occurred; and
5215
(ii) a modification of the terms and conditions of the order would be an improvement
5216
for and in the best interest of the minor child.
5217
(c) The court shall give substantial weight to the existing joint legal custody or joint
5218
physical custody order when the minor child is thriving, happy, and well-adjusted.
5219
(5) The court shall, in every case regarding a petition for termination of a joint legal
5220
custody or joint physical custody order, consider reasonable alternatives to preserve the
5221
existing order in accordance with Section 81-9-204.
5222
(6) The court may modify the terms and conditions of the existing order in accordance with
5223
this chapter and may order the parents to file a parenting plan in accordance with
5224
Section 81-9-203.
5225
(7) A parent requesting a modification from sole custody to joint legal custody or joint
- 154 - 12-20 16:50 S.B. 41
5226
physical custody or both, or any other type of shared parenting arrangement, shall file
5227
and serve a proposed parenting plan with the petition to modify in accordance with
5228
Section 81-9-203.
5229
(8) If an issue before the court involves custodial responsibility in the event of deployment
5230
of one or both parents who are service members, and the service member has not yet
5231
been notified of deployment, the court shall resolve the issue based on the standards in
5232
Sections 78B-20-306 through 78B-20-309.
5233
(9) If the court finds that an action to modify custody or parent-time is filed or answered
5234
frivolously and, in a manner, designed to harass the other party, the court shall assess
5235
attorney fees as costs against the offending party.
5236
(10) If a petition to modify custody or parent-time provisions of a court order is made and
5237
denied, the court shall order the petitioner to pay the reasonable attorney fees expended
5238
by the prevailing party in that action if the court determines that the petition was without
5239
merit and not asserted or defended against in good faith.
5240
(11) If a motion or petition alleges noncompliance with a parent-time order by a parent, or a
5241
visitation order by a grandparent or other member of the immediate family where a
5242
visitation or parent-time right has been previously granted by the court, the court:
5243
(a) may award to the prevailing party:
5244
(i) actual attorney fees incurred;
5245
(ii) the costs incurred by the prevailing party because of the other party's failure to
5246
provide or exercise court-ordered visitation or parent-time, including:
5247
(A) court costs;
5248
(B) child care expenses;
5249
(C) transportation expenses actually incurred;
5250
(D) lost wages, if ascertainable; or
5251
(E) counseling for a parent or a minor child if ordered or approved by the court; or
5252
(iii) any other appropriate equitable remedy; and
5253
(b) shall award reasonable make-up parent-time to the prevailing party, unless make-up
5254
parent-time is not in the best interest of the minor child.
5255
Section 65. Repealer.
5256
This bill repeals:
5257
Section 77-41-102, (Effective 05/07/25)Definitions.
5258
Section 77-41-103, (Effective 05/07/25)Department duties.
5259
Section 77-41-104, (Effective 05/07/25)Registration of offenders -- Department and
- 155 - S.B. 41 12-20 16:50
5260
agency requirements.
5261
Section 77-41-106, (Effective 05/07/25)Offenses requiring lifetime registration.
5262
Section 77-41-107, (Effective 05/07/25)Penalties.
5263
Section 77-41-108, (Effective 05/07/25)Classification of information.
5264
Section 77-41-109, (Effective 05/07/25)Miscellaneous provisions.
5265
Section 77-41-110, (Effective 05/07/25)Sex offender, kidnap offender, and child abuse
5266
offender registry -- Department to maintain.
5267
Section 77-41-111, (Effective 05/07/25)Fees.
5268
Section 77-41-112, (Effective 05/07/25)Removal from registry -- Requirements --
5269
Procedure.
5270
Section 77-41-113, (Effective 05/07/25)Removal for offenses or convictions for which
5271
registration is no longer required.
5272
Section 77-41-114, (Effective 05/07/25)Registration for individuals under 18 years old
5273
at the time of the offense.
5274
Section 77-41-105, (Effective 05/07/25)Registration of offenders -- Offender
5275
responsibilities.
5276
Section 66. Effective Date.
5277
This bill takes effect on May 7, 2025.
- 156 -