UT
Utah Senate Bill SB0155

Utah 2025 Regular Session

Utah Senate Bill SB0155 Compare Versions

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1-01-31 10:33 2nd Sub. (Salmon) S.B. 155
1+01-27 17:03 1st Sub. (Green) S.B. 155
22 Todd Weiler proposes the following substitute bill:
33 1
44 Sex, Kidnap, and Child Abuse Offender Adjustments
55 2025 GENERAL SESSION
66 STATE OF UTAH
77 Chief Sponsor: Todd Weiler
88 House Sponsor:
99 2
1010
1111 3
1212 LONG TITLE
1313 4
1414 General Description:
1515 5
1616 This bill amends provisions related to the Sex, Kidnap, and Child Abuse Offender Registry.
1717 6
1818 Highlighted Provisions:
1919 7
2020 This bill:
2121 8
2222 ▸ reduces the amount of time that must elapse before an offender who is on the Sex,
2323 9
2424 Kidnap, and Child Abuse Offender Registry for an offense requiring lifetime registration
2525 10
2626 is:
2727 11
2828 ● able to first petition for early removal from the registry; and
2929 12
3030 ● able to file an additional petition for early removal if the offender's previous petition is
3131 13
32-denied;
32+denied; and
3333 14
34-▸ contains a coordination clause to coordinate changes between this bill and S.B. 41, Sex,
34+▸ makes technical and conforming changes.
3535 15
36-Kidnap, and Child Abuse Offender Registry Amendments; and
36+Money Appropriated in this Bill:
3737 16
38-▸ makes technical and conforming changes.
38+None
3939 17
40-Money Appropriated in this Bill:
40+Other Special Clauses:
4141 18
4242 None
4343 19
44-Other Special Clauses:
44+Utah Code Sections Affected:
4545 20
46-This bill provides a coordination clause.
46+AMENDS:
4747 21
48-Utah Code Sections Affected:
48+77-41-112, as last amended by Laws of Utah 2024, Chapters 116, 234
4949 22
50-AMENDS:
50+
5151 23
52-77-41-112, as last amended by Laws of Utah 2024, Chapters 116, 234
52+Be it enacted by the Legislature of the state of Utah:
5353 24
54-Utah Code Sections affected by Coordination Clause:
54+Section 1. Section 77-41-112 is amended to read:
5555 25
56-
56+77-41-112 . Removal from registry -- Requirements -- Procedure.
5757 26
58-Be it enacted by the Legislature of the state of Utah:
58+(1) An offender who is required to register with the Sex, Kidnap, and Child Abuse Offender
5959 27
60-Section 1. Section 77-41-112 is amended to read:
60+Registry may petition the court for an order removing the offender from the Sex,
6161 28
62-77-41-112 . Removal from registry -- Requirements -- Procedure.
62+Kidnap, and Child Abuse Offender Registry if:
6363 29
64-(1) An offender who is required to register with the Sex, Kidnap, and Child Abuse Offender
65-2nd Sub. S.B. 155 2nd Sub. (Salmon) S.B. 155 01-31 10:33
64+(a)(i) the offender was convicted of an offense described in Subsection (2);
65+1st Sub. S.B. 155 1st Sub. (Green) S.B. 155 01-27 17:03
6666 30
67-Registry may petition the court for an order removing the offender from the Sex,
67+(ii) at least five years have passed after the day on which the offender's sentence for
6868 31
69-Kidnap, and Child Abuse Offender Registry if:
69+the offense terminated;
7070 32
71-(a)(i) the offender was convicted of an offense described in Subsection (2);
71+(iii) the offense is the only offense for which the offender was required to register;
7272 33
73-(ii) at least five years have passed after the day on which the offender's sentence for
73+(iv) the offender has not been convicted of another offense, excluding a traffic
7474 34
75-the offense terminated;
75+offense, since the day on which the offender was convicted of the offense for
7676 35
77-(iii) the offense is the only offense for which the offender was required to register;
77+which the offender is required to register, as evidenced by a certificate of
7878 36
79-(iv) the offender has not been convicted of another offense, excluding a traffic
79+eligibility issued by the bureau;
8080 37
81-offense, since the day on which the offender was convicted of the offense for
81+(v) the offender successfully completed all treatment ordered by the court or the
8282 38
83-which the offender is required to register, as evidenced by a certificate of
83+Board of Pardons and Parole relating to the offense; and
8484 39
85+(vi) the offender has paid all restitution ordered by the court or the Board of Pardons
86+40
87+and Parole relating to the offense;
88+41
89+(b)(i) the offender is required to register in accordance with Subsection 77-41-105
90+42
91+(3)(a);
92+43
93+(ii) at least 10 years have passed after the later of:
94+44
95+(A) the day on which the offender was placed on probation;
96+45
97+(B) the day on which the offender was released from incarceration to parole;
98+46
99+(C) the day on which the offender's sentence was terminated without parole;
100+47
101+(D) the day on which the offender entered a community-based residential
102+48
103+program; or
104+49
105+(E) for a minor, as defined in Section 80-1-102, the day on which the division's
106+50
107+custody of the offender was terminated;
108+51
109+(iii) the offender has not been convicted of another offense that is a class A
110+52
111+misdemeanor, felony, or capital felony within the most recent 10-year period after
112+53
113+the date described in Subsection (1)(b)(ii), as evidenced by a certificate of
114+54
85115 eligibility issued by the bureau;
86-40
87-(v) the offender successfully completed all treatment ordered by the court or the
88-41
116+55
117+(iv) the offender successfully completed all treatment ordered by the court or the
118+56
89119 Board of Pardons and Parole relating to the offense; and
90-42
91-(vi) the offender has paid all restitution ordered by the court or the Board of Pardons
92-43
93-and Parole relating to the offense;
94-44
95-(b)(i) the offender is required to register in accordance with Subsection 77-41-105
96-45
97-(3)(a);
98-46
99-(ii) at least 10 years have passed after the later of:
100-47
120+57
121+(v) the offender has paid all restitution ordered by the court or the Board of Pardons
122+58
123+and Parole relating to the offense; or
124+59
125+(c)(i) the offender is required to register in accordance with Subsection 77-41-105
126+60
127+(3)(c);
128+61
129+(ii) at least [20] 12 years have passed after the later of:
130+62
101131 (A) the day on which the offender was placed on probation;
102-48
132+63
103133 (B) the day on which the offender was released from incarceration to parole;
104-49
134+- 2 - 01-27 17:03 1st Sub. (Green) S.B. 155
135+64
105136 (C) the day on which the offender's sentence was terminated without parole;
106-50
137+65
107138 (D) the day on which the offender entered a community-based residential
108-51
139+66
109140 program; or
110-52
141+67
111142 (E) for a minor, as defined in Section 80-1-102, the day on which the division's
112-53
143+68
113144 custody of the offender was terminated;
114-54
145+69
115146 (iii) the offender has not been convicted of another offense that is a class A
116-55
117-misdemeanor, felony, or capital felony within the most recent 10-year period after
118-56
119-the date described in Subsection (1)(b)(ii), as evidenced by a certificate of
120-57
147+70
148+misdemeanor, felony, or capital felony within the most recent 20-year period after
149+71
150+the date described in Subsection (1)(c)(ii), as evidenced by a certificate of
151+72
121152 eligibility issued by the bureau;
122-58
123-(iv) the offender successfully completed all treatment ordered by the court or the
124-59
125-Board of Pardons and Parole relating to the offense; and
126-60
153+73
154+(iv) the offender completed all treatment ordered by the court or the Board of
155+74
156+Pardons and Parole relating to the offense;
157+75
127158 (v) the offender has paid all restitution ordered by the court or the Board of Pardons
128-61
129-and Parole relating to the offense; or
130-62
131-(c)(i) the offender is required to register in accordance with Subsection 77-41-105
132-63
133-(3)(c);
134-- 2 - 01-31 10:33 2nd Sub. (Salmon) S.B. 155
135-64
136-(ii) at least [20] 12 years have passed after the later of:
137-65
138-(A) the day on which the offender was placed on probation;
139-66
140-(B) the day on which the offender was released from incarceration to parole;
141-67
142-(C) the day on which the offender's sentence was terminated without parole;
143-68
144-(D) the day on which the offender entered a community-based residential
145-69
146-program; or
147-70
148-(E) for a minor, as defined in Section 80-1-102, the day on which the division's
149-71
150-custody of the offender was terminated;
151-72
152-(iii) the offender has not been convicted of another offense that is a class A
153-73
154-misdemeanor, felony, or capital felony within the most recent 20-year period after
155-74
156-the date described in Subsection (1)(c)(ii), as evidenced by a certificate of
157-75
158-eligibility issued by the bureau;
159159 76
160-(iv) the offender completed all treatment ordered by the court or the Board of
160+and Parole relating to the offense; and
161161 77
162-Pardons and Parole relating to the offense;
162+(vi) the offender submits to an evidence-based risk assessment to the court, with the
163163 78
164-(v) the offender has paid all restitution ordered by the court or the Board of Pardons
164+offender's petition, that:
165165 79
166-and Parole relating to the offense; and
166+(A) meets the standards for the current risk assessment, score, and risk level
167167 80
168-(vi) the offender submits to an evidence-based risk assessment to the court, with the
168+required by the Board of Pardons and Parole for parole termination requests;
169169 81
170-offender's petition, that:
170+(B) is completed within the six months before the date on which the petition is
171171 82
172-(A) meets the standards for the current risk assessment, score, and risk level
172+filed; and
173173 83
174-required by the Board of Pardons and Parole for parole termination requests;
174+(C) describes the evidence-based risk assessment of the current level of risk to the
175175 84
176-(B) is completed within the six months before the date on which the petition is
176+safety of the public posed by the offender.
177177 85
178-filed; and
178+(2) The offenses referred to in Subsection (1)(a)(i) are:
179179 86
180-(C) describes the evidence-based risk assessment of the current level of risk to the
180+(a) enticing a minor under Section 76-4-401, if the offense is a class A misdemeanor;
181181 87
182-safety of the public posed by the offender.
182+(b) kidnapping under Section 76-5-301;
183183 88
184-(2) The offenses referred to in Subsection (1)(a)(i) are:
184+(c) unlawful detention under Section 76-5-304, if the conviction of violating Section
185185 89
186-(a) enticing a minor under Section 76-4-401, if the offense is a class A misdemeanor;
186+76-5-304 is the only conviction for which the offender is required to register;
187187 90
188-(b) kidnapping under Section 76-5-301;
188+(d) unlawful sexual activity with a minor under Section 76-5-401, if, at the time of the
189189 91
190-(c) unlawful detention under Section 76-5-304, if the conviction of violating Section
190+offense, the offender is not more than 10 years older than the victim;
191191 92
192-76-5-304 is the only conviction for which the offender is required to register;
192+(e) sexual abuse of a minor under Section 76-5-401.1, if, at the time of the offense, the
193193 93
194-(d) unlawful sexual activity with a minor under Section 76-5-401, if, at the time of the
194+offender is not more than 10 years older than the victim;
195195 94
196-offense, the offender is not more than 10 years older than the victim;
196+(f) unlawful sexual conduct with a 16 or 17 year old under Section 76-5-401.2, and at
197197 95
198-(e) sexual abuse of a minor under Section 76-5-401.1, if, at the time of the offense, the
198+the time of the offense, the offender is not more than 15 years older than the victim;
199199 96
200-offender is not more than 10 years older than the victim;
200+(g) voyeurism under Section 76-9-702.7, if the offense is a class A misdemeanor; or
201201 97
202-(f) unlawful sexual conduct with a 16 or 17 year old under Section 76-5-401.2, and at
203-- 3 - 2nd Sub. (Salmon) S.B. 155 01-31 10:33
202+(h) an offense for which an individual is required to register under Subsection 77-41-102
203+- 3 - 1st Sub. (Green) S.B. 155 01-27 17:03
204204 98
205-the time of the offense, the offender is not more than 15 years older than the victim;
205+(1)(c), (11)(c), or (19)(c), if the offense is not substantially equivalent to an offense
206206 99
207-(g) voyeurism under Section 76-9-702.7, if the offense is a class A misdemeanor; or
207+described in Subsection 77-41-102(1)(a), (11)(a), or (19)(a).
208208 100
209-(h) an offense for which an individual is required to register under Subsection 77-41-102
209+(3)(a)(i) An offender seeking removal from the Sex, Kidnap, and Child Abuse
210210 101
211-(1)(c), (11)(c), or (19)(c), if the offense is not substantially equivalent to an offense
211+Offender Registry under this section shall apply for a certificate of eligibility from
212212 102
213-described in Subsection 77-41-102(1)(a), (11)(a), or (19)(a).
213+the bureau.
214214 103
215-(3)(a)(i) An offender seeking removal from the Sex, Kidnap, and Child Abuse
215+(ii) An offender who intentionally or knowingly provides false or misleading
216216 104
217-Offender Registry under this section shall apply for a certificate of eligibility from
217+information to the bureau when applying for a certificate of eligibility is guilty of
218218 105
219-the bureau.
219+a class B misdemeanor and subject to prosecution under Section 76-8-504.6.
220220 106
221-(ii) An offender who intentionally or knowingly provides false or misleading
221+(iii) Regardless of whether the offender is prosecuted, the bureau may deny a
222222 107
223-information to the bureau when applying for a certificate of eligibility is guilty of
223+certificate of eligibility to an offender who provides false information on an
224224 108
225-a class B misdemeanor and subject to prosecution under Section 76-8-504.6.
225+application.
226226 109
227-(iii) Regardless of whether the offender is prosecuted, the bureau may deny a
227+(b)(i) The bureau shall:
228228 110
229-certificate of eligibility to an offender who provides false information on an
229+(A) perform a check of records of governmental agencies, including national
230230 111
231-application.
231+criminal databases, to determine whether an offender is eligible to receive a
232232 112
233-(b)(i) The bureau shall:
233+certificate of eligibility; and
234234 113
235-(A) perform a check of records of governmental agencies, including national
235+(B) determine whether the offender meets the requirements described in
236236 114
237-criminal databases, to determine whether an offender is eligible to receive a
237+Subsection (1)(a)(ii), (a)(v), (a)(vi), (b)(ii), (b)(iv), (b)(v), (c)(ii), (c)(iv), or
238238 115
239-certificate of eligibility; and
239+(c)(v).
240240 116
241-(B) determine whether the offender meets the requirements described in
241+(ii) If the offender meets the requirements described in Subsection (1)(a), (b), or (c),
242242 117
243-Subsection (1)(a)(ii), (a)(v), (a)(vi), (b)(ii), (b)(iv), (b)(v), (c)(ii), (c)(iv), or
243+the bureau shall issue a certificate of eligibility to the offender, which is valid for a
244244 118
245-(c)(v).
245+period of 90 days after the day on which the bureau issues the certificate.
246246 119
247-(ii) If the offender meets the requirements described in Subsection (1)(a), (b), or (c),
247+(4)(a)(i) The bureau shall charge application and issuance fees for a certificate of
248248 120
249-the bureau shall issue a certificate of eligibility to the offender, which is valid for a
249+eligibility in accordance with the process in Section 63J-1-504.
250250 121
251-period of 90 days after the day on which the bureau issues the certificate.
251+(ii) The application fee shall be paid at the time the offender submits an application
252252 122
253-(4)(a)(i) The bureau shall charge application and issuance fees for a certificate of
253+for a certificate of eligibility to the bureau.
254254 123
255-eligibility in accordance with the process in Section 63J-1-504.
255+(iii) If the bureau determines that the issuance of a certificate of eligibility is
256256 124
257-(ii) The application fee shall be paid at the time the offender submits an application
257+appropriate, the offender will be charged an additional fee for the issuance of a
258258 125
259-for a certificate of eligibility to the bureau.
259+certificate of eligibility.
260260 126
261-(iii) If the bureau determines that the issuance of a certificate of eligibility is
261+(b) Funds generated under this Subsection (4) shall be deposited into the General Fund
262262 127
263-appropriate, the offender will be charged an additional fee for the issuance of a
263+as a dedicated credit by the department to cover the costs incurred in determining
264264 128
265-certificate of eligibility.
265+eligibility.
266266 129
267-(b) Funds generated under this Subsection (4) shall be deposited into the General Fund
267+(5)(a) The offender shall file the petition, including original information, the court
268268 130
269-as a dedicated credit by the department to cover the costs incurred in determining
269+docket, the certificate of eligibility from the bureau, and the document from the
270270 131
271-eligibility.
272-- 4 - 01-31 10:33 2nd Sub. (Salmon) S.B. 155
271+department described in Subsection (3)(b)(iv) with the court, and deliver a copy of
272+- 4 - 01-27 17:03 1st Sub. (Green) S.B. 155
273273 132
274-(5)(a) The offender shall file the petition, including original information, the court
274+the petition to the office of the prosecutor.
275275 133
276-docket, the certificate of eligibility from the bureau, and the document from the
276+(b) Upon receipt of a petition for removal from the Sex, Kidnap, and Child Abuse
277277 134
278-department described in Subsection (3)(b)(iv) with the court, and deliver a copy of
278+Offender Registry, the office of the prosecutor shall provide notice of the petition by
279279 135
280-the petition to the office of the prosecutor.
280+first-class mail to the victim at the most recent address of record on file or, if the
281281 136
282-(b) Upon receipt of a petition for removal from the Sex, Kidnap, and Child Abuse
282+victim is still a minor under 18 years old, to the parent or guardian of the victim.
283283 137
284-Offender Registry, the office of the prosecutor shall provide notice of the petition by
284+(c) The notice described in Subsection (5)(b) shall include a copy of the petition, state
285285 138
286-first-class mail to the victim at the most recent address of record on file or, if the
286+that the victim has a right to object to the removal of the offender from the registry,
287287 139
288-victim is still a minor under 18 years old, to the parent or guardian of the victim.
288+and provide instructions for registering an objection with the court.
289289 140
290-(c) The notice described in Subsection (5)(b) shall include a copy of the petition, state
290+(d) The office of the prosecutor shall provide the following, if available, to the court
291291 141
292-that the victim has a right to object to the removal of the offender from the registry,
292+within 30 days after the day on which the office receives the petition:
293293 142
294-and provide instructions for registering an objection with the court.
294+(i) presentencing report;
295295 143
296-(d) The office of the prosecutor shall provide the following, if available, to the court
296+(ii) an evaluation done as part of sentencing; and
297297 144
298-within 30 days after the day on which the office receives the petition:
298+(iii) other information the office of the prosecutor determines the court should
299299 145
300-(i) presentencing report;
300+consider.
301301 146
302-(ii) an evaluation done as part of sentencing; and
302+(e) The victim, or the victim's parent or guardian if the victim is a minor under 18 years
303303 147
304-(iii) other information the office of the prosecutor determines the court should
304+old, may respond to the petition by filing a recommendation or objection with the
305305 148
306-consider.
306+court within 45 days after the day on which the petition is mailed to the victim.
307307 149
308-(e) The victim, or the victim's parent or guardian if the victim is a minor under 18 years
308+(6)(a) The court shall:
309309 150
310-old, may respond to the petition by filing a recommendation or objection with the
310+(i) review the petition and all documents submitted with the petition; and
311311 151
312-court within 45 days after the day on which the petition is mailed to the victim.
312+(ii) hold a hearing if requested by the prosecutor or the victim.
313313 152
314-(6)(a) The court shall:
314+(b)(i) Except as provided in Subsections (6)(b)(ii) and (iii), the court may grant the
315315 153
316-(i) review the petition and all documents submitted with the petition; and
316+petition and order removal of the offender from the registry if the court determines
317317 154
318-(ii) hold a hearing if requested by the prosecutor or the victim.
318+that the offender has met the requirements described in Subsection (1)(a) or (b)
319319 155
320-(b)(i) Except as provided in Subsections (6)(b)(ii) and (iii), the court may grant the
320+and removal is not contrary to the interests of the public.
321321 156
322-petition and order removal of the offender from the registry if the court determines
322+(ii) When considering a petition filed under Subsection (1)(c), the court shall
323323 157
324-that the offender has met the requirements described in Subsection (1)(a) or (b)
324+determine whether the offender has demonstrated, by clear and convincing
325325 158
326-and removal is not contrary to the interests of the public.
326+evidence, that the offender is rehabilitated and does not pose a threat to the safety
327327 159
328-(ii) When considering a petition filed under Subsection (1)(c), the court shall
328+of the public.
329329 160
330-determine whether the offender has demonstrated, by clear and convincing
330+(iii) In making the determination described in Subsection (6)(b)(ii), the court may
331331 161
332-evidence, that the offender is rehabilitated and does not pose a threat to the safety
332+consider:
333333 162
334-of the public.
334+(A) the nature and degree of violence involved in the offense that requires
335335 163
336-(iii) In making the determination described in Subsection (6)(b)(ii), the court may
336+registration;
337337 164
338-consider:
338+(B) the age and number of victims of the offense that requires registration;
339339 165
340-(A) the nature and degree of violence involved in the offense that requires
341-- 5 - 2nd Sub. (Salmon) S.B. 155 01-31 10:33
340+(C) the age of the offender at the time of the offense that requires registration;
341+- 5 - 1st Sub. (Green) S.B. 155 01-27 17:03
342342 166
343+(D) the offender's performance while on supervision for the offense that requires
344+167
343345 registration;
344-167
345-(B) the age and number of victims of the offense that requires registration;
346346 168
347-(C) the age of the offender at the time of the offense that requires registration;
347+(E) the offender's stability in employment and housing;
348348 169
349-(D) the offender's performance while on supervision for the offense that requires
349+(F) the offender's community and personal support system;
350350 170
351-registration;
351+(G) other criminal and relevant noncriminal behavior of the offender both before
352352 171
353-(E) the offender's stability in employment and housing;
353+and after the offense that requires registration;
354354 172
355-(F) the offender's community and personal support system;
355+(H) the level of risk posed by the offender as evidenced by the evidence-based risk
356356 173
357-(G) other criminal and relevant noncriminal behavior of the offender both before
357+assessment described in Subsection (1)(c)(vi); and
358358 174
359-and after the offense that requires registration;
359+(I) any other relevant factors.
360360 175
361-(H) the level of risk posed by the offender as evidenced by the evidence-based risk
361+(c) In determining whether removal is contrary to the interests of the public, the court
362362 176
363-assessment described in Subsection (1)(c)(vi); and
363+may not consider removal unless the offender has substantially complied with all
364364 177
365-(I) any other relevant factors.
365+registration requirements under this chapter at all times.
366366 178
367-(c) In determining whether removal is contrary to the interests of the public, the court
367+(d) If the court grants the petition, the court shall forward a copy of the order directing
368368 179
369-may not consider removal unless the offender has substantially complied with all
369+removal of the offender from the registry to the department and the office of the
370370 180
371-registration requirements under this chapter at all times.
371+prosecutor.
372372 181
373-(d) If the court grants the petition, the court shall forward a copy of the order directing
373+(e)(i) Except as provided in Subsection (6)(e)(ii), if the court denies the petition, the
374374 182
375-removal of the offender from the registry to the department and the office of the
375+offender may not submit another petition for three years.
376376 183
377-prosecutor.
377+(ii) If the offender files a petition under Subsection (1)(c) and the court denies the
378378 184
379-(e)(i) Except as provided in Subsection (6)(e)(ii), if the court denies the petition, the
379+petition, the offender may not submit another petition for [eight] five years.
380380 185
381-offender may not submit another petition for three years.
381+(7) The court shall notify the victim and the Sex, Kidnap, and Child Abuse Offender
382382 186
383-(ii) If the offender files a petition under Subsection (1)(c) and the court denies the
383+Registry office in the department of the court's decision within three days after the day
384384 187
385-petition, the offender may not submit another petition for [eight] five years.
385+on which the court issues the court's decision in the same manner described in
386386 188
387-(7) The court shall notify the victim and the Sex, Kidnap, and Child Abuse Offender
387+Subsection (5).
388388 189
389-Registry office in the department of the court's decision within three days after the day
389+(8) Except as provided in Subsection (9), an offender required to register under Subsection
390390 190
391-on which the court issues the court's decision in the same manner described in
391+77-41-105(3)(b) may petition for early removal from the registry under Subsection
392392 191
393-Subsection (5).
393+(1)(b) if the offender:
394394 192
395-(8) Except as provided in Subsection (9), an offender required to register under Subsection
395+(a) meets the requirements of Subsections (1)(b)(ii) through (v);
396396 193
397-77-41-105(3)(b) may petition for early removal from the registry under Subsection
397+(b) has resided in this state for at least 183 days in a year for two consecutive years; and
398398 194
399-(1)(b) if the offender:
399+(c) intends to primarily reside in this state.
400400 195
401-(a) meets the requirements of Subsections (1)(b)(ii) through (v);
401+(9) An offender required to register under Subsection 77-41-105(3)(b) for life may petition
402402 196
403-(b) has resided in this state for at least 183 days in a year for two consecutive years; and
403+for early removal from the registry under Subsection (1)(c) if:
404404 197
405-(c) intends to primarily reside in this state.
405+(a) the offense requiring the offender to register is substantially equivalent to an offense
406406 198
407-(9) An offender required to register under Subsection 77-41-105(3)(b) for life may petition
407+listed in Section 77-41-106;
408408 199
409-for early removal from the registry under Subsection (1)(c) if:
410-- 6 - 01-31 10:33 2nd Sub. (Salmon) S.B. 155
409+(b) the offender meets the requirements of Subsections (1)(c)(ii) through (vi);
410+- 6 - 01-27 17:03 1st Sub. (Green) S.B. 155
411411 200
412-(a) the offense requiring the offender to register is substantially equivalent to an offense
412+(c) the offender has resided in this state for at least 183 days in a year for two
413413 201
414-listed in Section 77-41-106;
414+consecutive years; and
415415 202
416-(b) the offender meets the requirements of Subsections (1)(c)(ii) through (vi);
416+(d) the offender intends to primarily reside in this state.
417417 203
418-(c) the offender has resided in this state for at least 183 days in a year for two
418+Section 2. Effective Date.
419419 204
420-consecutive years; and
421-205
422-(d) the offender intends to primarily reside in this state.
423-206
424-Section 2. Effective Date.
425-207
426420 This bill takes effect on May 7, 2025.
427-208
428-Section 3. Coordinating S.B. 155 with S.B. 41.
429-209
430- If S.B. 155, Sex, Kidnap, and Child Abuse Offender Adjustments, and S.B. 41, Sex,
431-210
432-Kidnap, and Child Abuse Offender Registry Amendments, both pass and become law, the
433-211
434-Legislature intends that, on May 7, 2025:
435-212
436- (1) Subsection 53-29-205(3)(y), enacted in S.B. 41, be amended to read:
437-213
438- "(y) an offense described in Subsection 53-29-203(1)(b) that would otherwise be
439-214
440-subject to a 12-year petition for removal as described in Section 53-29-206, if:
441-215
442- (i) the sentencing court determines that the offender was under 21 years old at the
443-216
444-time the offense was committed; and
445-217
446- (ii) the offense did not involve force or coercion as described in Subsection
447-218
448-53-29-203(3).";
449-219
450- (2) Subsection 53-29-206(1), enacted in S.B. 41, be amended to read:
451-220
452- "(1) An offender who is required to register on the registry for a registrable offense
453-221
454-subject to a lifetime registration period described in Subsection 53-29-203(1)(b) is eligible to
455-222
456-petition the court under Section 53-29-207 for an order of removal from the registry at a
457-223
458-12-year entrance into the community period described in Subsection (2) if:
459-224
460- (a) the offender has not been convicted of another offense that is a class A
461-225
462-misdemeanor, felony, or capital felony within the most recent 12-year period after the date
463-226
464-described in Subsection (2), as evidenced by a certificate of eligibility issued by the bureau;
465-227
466- (b) the offender successfully completed all treatment ordered by the court or the
467-228
468-Board of Pardons and Parole relating to the offense;
469-229
470- (c) the offender has paid all restitution ordered by the court or the Board of
471-230
472-Pardons and Parole relating to the offense; and
473-231
474- (d) the offender submits to an evidence-based risk assessment that:
475-232
476- (i) meets the standards for the current risk assessment, score, and risk level
477-233
478-required by the Board of Pardons and Parole for parole termination requests;
479-- 7 - 2nd Sub. (Salmon) S.B. 155 01-31 10:33
480-234
481- (ii) is completed within the six months before the date on which the petition is
482-235
483-filed; and
484-236
485- (iii) describes the evidence-based risk assessment of the current level of risk to
486-237
487-the safety of the public posed by the offender.";
488-238
489- (3) Subsection 53-29-206(2), enacted in S.B. 41, be amended to read:
490-239
491- "(2) An offender who qualifies under Subsection (1) may petition the court under
492-240
493-Section 53-29-207 for an order of removal from the registry if 12 years have passed after the
494-241
495-later of the following events in which the offender has entered into the community:
496-242
497- (a) the day on which the offender was placed on probation;
498-243
499- (b) the day on which the offender was released from incarceration to parole;
500-244
501- (c) the day on which the offender's sentence was terminated without parole;
502-245
503- (d) the day on which the offender entered a community-based residential program;
504-246
505-or
506-247
507- (e) for a minor, as defined in Section 80-1-102, the day on which the division's
508-248
509-custody of the offender was terminated.";
510-249
511- (4) Subsection 53-29-207(2)(a)(iii), enacted in S.B. 41, be amended to read:
512-250
513- "(iii) Subsections 53-29-206(1) and (2), if the offender is seeking a 12-year petition
514-251
515-for removal; and";
516-252
517- (5) Subsection 53-29-207(6)(b)(ii), enacted in S.B. 41, be amended to read:
518-253
519- "(ii) When considering a petition filed by an offender subject to a lifetime registration
520-254
521-requirement and eligible for a 12-year petition for removal from the registry as described in
522-255
523-Section 53-29-206, the court shall determine whether the offender has demonstrated, by clear
524-256
525-and convincing evidence, that the offender is rehabilitated and does not pose a threat to the
526-257
527-safety of the public."; and
528-258
529- (6) Subsection 53-29-207(6)(e)(ii), enacted in S.B. 41, be amended to read:
530-259
531- "(ii) If the offender is an offender subject to a lifetime registration requirement and
532-260
533-eligible for a 12-year petition for removal from the registry as described in Section 53-29-206
534-261
535-and files a petition for removal that is denied by the court, the offender may not submit another
536-262
537-petition for five years after the day on which the court denied the petition.".
538-- 8 -
421+- 7 -