01-27 17:03 1st Sub. (Green) S.B. 155
Todd Weiler proposes the following substitute bill:
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Sex, Kidnap, and Child Abuse Offender Adjustments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Todd Weiler
House Sponsor:
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LONG TITLE
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General Description:
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This bill amends provisions related to the Sex, Kidnap, and Child Abuse Offender Registry.
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Highlighted Provisions:
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This bill:
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▸ reduces the amount of time that must elapse before an offender who is on the Sex,
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Kidnap, and Child Abuse Offender Registry for an offense requiring lifetime registration
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is:
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● able to first petition for early removal from the registry; and
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● able to file an additional petition for early removal if the offender's previous petition is
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denied; and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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77-41-112, as last amended by Laws of Utah 2024, Chapters 116, 234
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 77-41-112 is amended to read:
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77-41-112 . Removal from registry -- Requirements -- Procedure.
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(1) An offender who is required to register with the Sex, Kidnap, and Child Abuse Offender
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Registry may petition the court for an order removing the offender from the Sex,
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Kidnap, and Child Abuse Offender Registry if:
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(a)(i) the offender was convicted of an offense described in Subsection (2);
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(ii) at least five years have passed after the day on which the offender's sentence for
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the offense terminated;
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(iii) the offense is the only offense for which the offender was required to register;
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(iv) the offender has not been convicted of another offense, excluding a traffic
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offense, since the day on which the offender was convicted of the offense for
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which the offender is required to register, as evidenced by a certificate of
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eligibility issued by the bureau;
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(v) the offender successfully completed all treatment ordered by the court or the
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Board of Pardons and Parole relating to the offense; and
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(vi) the offender has paid all restitution ordered by the court or the Board of Pardons
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and Parole relating to the offense;
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(b)(i) the offender is required to register in accordance with Subsection 77-41-105
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(3)(a);
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(ii) at least 10 years have passed after the later of:
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(A) the day on which the offender was placed on probation;
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(B) the day on which the offender was released from incarceration to parole;
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(C) the day on which the offender's sentence was terminated without parole;
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(D) the day on which the offender entered a community-based residential
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program; or
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(E) for a minor, as defined in Section 80-1-102, the day on which the division's
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custody of the offender was terminated;
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(iii) the offender has not been convicted of another offense that is a class A
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misdemeanor, felony, or capital felony within the most recent 10-year period after
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the date described in Subsection (1)(b)(ii), as evidenced by a certificate of
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eligibility issued by the bureau;
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(iv) the offender successfully completed all treatment ordered by the court or the
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Board of Pardons and Parole relating to the offense; and
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(v) the offender has paid all restitution ordered by the court or the Board of Pardons
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and Parole relating to the offense; or
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(c)(i) the offender is required to register in accordance with Subsection 77-41-105
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(3)(c);
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(ii) at least [20] 12 years have passed after the later of:
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(A) the day on which the offender was placed on probation;
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(B) the day on which the offender was released from incarceration to parole;
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(C) the day on which the offender's sentence was terminated without parole;
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(D) the day on which the offender entered a community-based residential
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program; or
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(E) for a minor, as defined in Section 80-1-102, the day on which the division's
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custody of the offender was terminated;
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(iii) the offender has not been convicted of another offense that is a class A
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misdemeanor, felony, or capital felony within the most recent 20-year period after
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the date described in Subsection (1)(c)(ii), as evidenced by a certificate of
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eligibility issued by the bureau;
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(iv) the offender completed all treatment ordered by the court or the Board of
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Pardons and Parole relating to the offense;
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(v) the offender has paid all restitution ordered by the court or the Board of Pardons
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and Parole relating to the offense; and
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(vi) the offender submits to an evidence-based risk assessment to the court, with the
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offender's petition, that:
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(A) meets the standards for the current risk assessment, score, and risk level
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required by the Board of Pardons and Parole for parole termination requests;
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(B) is completed within the six months before the date on which the petition is
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filed; and
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(C) describes the evidence-based risk assessment of the current level of risk to the
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safety of the public posed by the offender.
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(2) The offenses referred to in Subsection (1)(a)(i) are:
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(a) enticing a minor under Section 76-4-401, if the offense is a class A misdemeanor;
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(b) kidnapping under Section 76-5-301;
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(c) unlawful detention under Section 76-5-304, if the conviction of violating Section
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76-5-304 is the only conviction for which the offender is required to register;
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(d) unlawful sexual activity with a minor under Section 76-5-401, if, at the time of the
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offense, the offender is not more than 10 years older than the victim;
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(e) sexual abuse of a minor under Section 76-5-401.1, if, at the time of the offense, the
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offender is not more than 10 years older than the victim;
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(f) unlawful sexual conduct with a 16 or 17 year old under Section 76-5-401.2, and at
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the time of the offense, the offender is not more than 15 years older than the victim;
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(g) voyeurism under Section 76-9-702.7, if the offense is a class A misdemeanor; or
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(h) an offense for which an individual is required to register under Subsection 77-41-102
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(1)(c), (11)(c), or (19)(c), if the offense is not substantially equivalent to an offense
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described in Subsection 77-41-102(1)(a), (11)(a), or (19)(a).
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(3)(a)(i) An offender seeking removal from the Sex, Kidnap, and Child Abuse
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Offender Registry under this section shall apply for a certificate of eligibility from
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the bureau.
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(ii) An offender who intentionally or knowingly provides false or misleading
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information to the bureau when applying for a certificate of eligibility is guilty of
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a class B misdemeanor and subject to prosecution under Section 76-8-504.6.
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(iii) Regardless of whether the offender is prosecuted, the bureau may deny a
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certificate of eligibility to an offender who provides false information on an
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application.
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(b)(i) The bureau shall:
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(A) perform a check of records of governmental agencies, including national
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criminal databases, to determine whether an offender is eligible to receive a
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certificate of eligibility; and
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(B) determine whether the offender meets the requirements described in
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Subsection (1)(a)(ii), (a)(v), (a)(vi), (b)(ii), (b)(iv), (b)(v), (c)(ii), (c)(iv), or
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(c)(v).
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(ii) If the offender meets the requirements described in Subsection (1)(a), (b), or (c),
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the bureau shall issue a certificate of eligibility to the offender, which is valid for a
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period of 90 days after the day on which the bureau issues the certificate.
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(4)(a)(i) The bureau shall charge application and issuance fees for a certificate of
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eligibility in accordance with the process in Section 63J-1-504.
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(ii) The application fee shall be paid at the time the offender submits an application
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for a certificate of eligibility to the bureau.
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(iii) If the bureau determines that the issuance of a certificate of eligibility is
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appropriate, the offender will be charged an additional fee for the issuance of a
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certificate of eligibility.
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(b) Funds generated under this Subsection (4) shall be deposited into the General Fund
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as a dedicated credit by the department to cover the costs incurred in determining
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eligibility.
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(5)(a) The offender shall file the petition, including original information, the court
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docket, the certificate of eligibility from the bureau, and the document from the
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department described in Subsection (3)(b)(iv) with the court, and deliver a copy of
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the petition to the office of the prosecutor.
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(b) Upon receipt of a petition for removal from the Sex, Kidnap, and Child Abuse
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Offender Registry, the office of the prosecutor shall provide notice of the petition by
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first-class mail to the victim at the most recent address of record on file or, if the
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victim is still a minor under 18 years old, to the parent or guardian of the victim.
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(c) The notice described in Subsection (5)(b) shall include a copy of the petition, state
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that the victim has a right to object to the removal of the offender from the registry,
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and provide instructions for registering an objection with the court.
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(d) The office of the prosecutor shall provide the following, if available, to the court
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within 30 days after the day on which the office receives the petition:
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(i) presentencing report;
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(ii) an evaluation done as part of sentencing; and
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(iii) other information the office of the prosecutor determines the court should
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consider.
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(e) The victim, or the victim's parent or guardian if the victim is a minor under 18 years
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old, may respond to the petition by filing a recommendation or objection with the
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court within 45 days after the day on which the petition is mailed to the victim.
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(6)(a) The court shall:
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(i) review the petition and all documents submitted with the petition; and
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(ii) hold a hearing if requested by the prosecutor or the victim.
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(b)(i) Except as provided in Subsections (6)(b)(ii) and (iii), the court may grant the
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petition and order removal of the offender from the registry if the court determines
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that the offender has met the requirements described in Subsection (1)(a) or (b)
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and removal is not contrary to the interests of the public.
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(ii) When considering a petition filed under Subsection (1)(c), the court shall
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determine whether the offender has demonstrated, by clear and convincing
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evidence, that the offender is rehabilitated and does not pose a threat to the safety
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of the public.
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(iii) In making the determination described in Subsection (6)(b)(ii), the court may
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consider:
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(A) the nature and degree of violence involved in the offense that requires
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registration;
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(B) the age and number of victims of the offense that requires registration;
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(C) the age of the offender at the time of the offense that requires registration;
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(D) the offender's performance while on supervision for the offense that requires
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registration;
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(E) the offender's stability in employment and housing;
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(F) the offender's community and personal support system;
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(G) other criminal and relevant noncriminal behavior of the offender both before
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and after the offense that requires registration;
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(H) the level of risk posed by the offender as evidenced by the evidence-based risk
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assessment described in Subsection (1)(c)(vi); and
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(I) any other relevant factors.
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(c) In determining whether removal is contrary to the interests of the public, the court
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may not consider removal unless the offender has substantially complied with all
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registration requirements under this chapter at all times.
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(d) If the court grants the petition, the court shall forward a copy of the order directing
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removal of the offender from the registry to the department and the office of the
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prosecutor.
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(e)(i) Except as provided in Subsection (6)(e)(ii), if the court denies the petition, the
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offender may not submit another petition for three years.
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(ii) If the offender files a petition under Subsection (1)(c) and the court denies the
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petition, the offender may not submit another petition for [eight] five years.
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(7) The court shall notify the victim and the Sex, Kidnap, and Child Abuse Offender
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Registry office in the department of the court's decision within three days after the day
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on which the court issues the court's decision in the same manner described in
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Subsection (5).
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(8) Except as provided in Subsection (9), an offender required to register under Subsection
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77-41-105(3)(b) may petition for early removal from the registry under Subsection
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(1)(b) if the offender:
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(a) meets the requirements of Subsections (1)(b)(ii) through (v);
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(b) has resided in this state for at least 183 days in a year for two consecutive years; and
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(c) intends to primarily reside in this state.
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(9) An offender required to register under Subsection 77-41-105(3)(b) for life may petition
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for early removal from the registry under Subsection (1)(c) if:
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(a) the offense requiring the offender to register is substantially equivalent to an offense
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listed in Section 77-41-106;
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(b) the offender meets the requirements of Subsections (1)(c)(ii) through (vi);
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(c) the offender has resided in this state for at least 183 days in a year for two
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consecutive years; and
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(d) the offender intends to primarily reside in this state.
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Section 2. Effective Date.
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This bill takes effect on May 7, 2025.
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