Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 149 Second Substitute (2017GS)

Sponsor

Rep. Owens, D.

Final action

Governor Signed 3/23/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• creates the Child Abuse Offender Registry;
• requires persons convicted of felony child abuse and human trafficking to register;
• specifies requirements for registration;
• sets penalties for failure to register; and
• places the registry within the Department of Corrections.

Every vote on this bill

Bill text

CHILD ABUSE OFFENDER REGISTRY
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Derrin R. Owens
Senate Sponsor: 
Ralph Okerlund
LONG TITLE
General Description:
This bill creates the Child Abuse Offender Registry to be administered by the
Department of Corrections.
Highlighted Provisions:
This bill:
▸ creates the Child Abuse Offender Registry;
▸ requires persons convicted of felony child abuse and human trafficking to register;
▸ specifies requirements for registration;
▸ sets penalties for failure to register; and
▸ places the registry within the Department of Corrections.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53-3-806.5
, as last amended by Laws of Utah 2012, Chapter 145
62A-7-104
, as last amended by Laws of Utah 2015, Chapter 210
63G-2-302
, as last amended by Laws of Utah 2016, Chapter 410
76-1-201
, as last amended by Laws of Utah 2014, Chapter 105
76-1-202
, as last amended by Laws of Utah 2014, Chapter 105
76-3-402
, as last amended by Laws of Utah 2012, Chapter 145
77-40-105
, as last amended by Laws of Utah 2016, Chapter 185
ENACTS:
77-43-101
, Utah Code Annotated 1953
77-43-102
, Utah Code Annotated 1953
77-43-103
, Utah Code Annotated 1953
77-43-104
, Utah Code Annotated 1953
77-43-105
, Utah Code Annotated 1953
77-43-106
, Utah Code Annotated 1953
77-43-107
, Utah Code Annotated 1953
77-43-108
, Utah Code Annotated 1953
77-43-109
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53-3-806.5
 is amended to read:
53-3-806.5.
Identification card required if offender does not have driver license.
(1) (a) If a person is required to register as a sex offender in accordance with Title 77,
Chapter 41, Sex and Kidnap Offender Registry 
or as a child abuse offender in accordance with
Title 77, Chapter 43, Child Abuse Registry
, and the person does not hold a current driver
license in compliance with Section 
53-3-205
, the person shall obtain an identification card.
(b) The person shall maintain a current identification card during any time the person is
required to register as a sex 
or child abuse
 offender and the person does not hold a valid driver
license.
(2) Failure to maintain a current identification card as required under Subsection (1) on
and after April 30, 2007 is a class A misdemeanor for each month of violation of Subsection
(1).
Section 2. Section 
62A-7-104
 is amended to read:
62A-7-104.
Division responsibilities.
(1) The division is responsible for all youth offenders committed to it by juvenile
courts for secure confinement or supervision and treatment in the community.
(2) The division shall:
(a) establish and administer a continuum of community, secure, and nonsecure
programs for all youth offenders committed to the division;
(b) establish and maintain all detention and secure facilities and set minimum standards
for those facilities;
(c) establish and operate prevention and early intervention youth services programs for
nonadjudicated youth placed with the division; and
(d) establish observation and assessment programs necessary to serve youth offenders
committed by the juvenile court for short-term observation under Subsection 
78A-6-117
(2)(e),
and whenever possible, conduct the programs in settings separate and distinct from secure
facilities for youth offenders.
(3) The division shall place youth offenders committed to it in the most appropriate
program for supervision and treatment.
(4) In any order committing a youth offender to the division, the juvenile court shall
specify whether the youth offender is being committed for secure confinement or placement in
a community-based program. The division shall place the youth offender in the most
appropriate program within the category specified by the court.
(5) The division shall employ staff necessary to:
(a) supervise and control youth offenders in secure facilities or in the community;
(b) supervise and coordinate treatment of youth offenders committed to the division for
placement in community-based programs; and
(c) control and supervise nonadjudicated youth placed with the division for temporary
services in receiving centers, youth services, and other programs established by the division.
(6) Youth in the custody or temporary custody of the division are controlled or detained
in a manner consistent with public safety and rules promulgated by the division. In the event of
an unauthorized leave from a secure facility, detention center, community-based program,
receiving center, home, or any other designated placement, division employees have the
authority and duty to locate and apprehend the youth, or to initiate action with local law
enforcement agencies for assistance.
(7) The division shall establish and operate compensatory-service work programs for
youth offenders committed to the division by the juvenile court. The compensatory-service
work program shall:
(a) provide labor to help in the operation, repair, and maintenance of public facilities,
parks, highways, and other programs designated by the division;
(b) provide educational and prevocational programs in cooperation with the State
Board of Education for youth offenders placed in the program; and
(c) provide counseling to youth offenders.
(8) The division shall establish minimum standards for the operation of all private
residential and nonresidential rehabilitation facilities which provide services to juveniles who
have committed a delinquent act, in this state or in any other state.
(9) In accordance with policies established by the board, the division shall provide
regular training for staff of secure facilities, detention staff, case management staff, and staff of
the community-based programs.
(10) (a) The division is authorized to employ special function officers, as defined in
Section 
53-13-105
, to locate and apprehend minors who have absconded from division
custody, transport minors taken into custody pursuant to division policy, investigate cases, and
carry out other duties as assigned by the division.
(b) Special function officers may be employed through contract with the Department of
Public Safety, any P.O.S.T. certified law enforcement agency, or directly hired by the division.
(11) The division shall designate employees to obtain the saliva DNA specimens
required under Section 
53-10-403
. The division shall ensure that the designated employees
receive appropriate training and that the specimens are obtained in accordance with accepted
protocol.
(12) The division shall register with the Department of Corrections any person who:
(a) has been adjudicated delinquent based on an offense listed in Subsection
77-41-102
(17)(a) 
or 
77-43-102
(2)
;
(b) has been committed to the division for secure confinement; and
(c) remains in the division's custody 30 days prior to the person's 21st birthday.
Section 3. Section 
63G-2-302
 is amended to read:
63G-2-302.
Private records.
(1) The following records are private:
(a) records concerning an individual's eligibility for unemployment insurance benefits,
social services, welfare benefits, or the determination of benefit levels;
(b) records containing data on individuals describing medical history, diagnosis,
condition, treatment, evaluation, or similar medical data;
(c) records of publicly funded libraries that when examined alone or with other records
identify a patron;
(d) records received by or generated by or for:
(i) the Independent Legislative Ethics Commission, except for:
(A) the commission's summary data report that is required under legislative rule; and
(B) any other document that is classified as public under legislative rule; or
(ii) a Senate or House Ethics Committee in relation to the review of ethics complaints,
unless the record is classified as public under legislative rule;
(e) records received by, or generated by or for, the Independent Executive Branch
Ethics Commission, except as otherwise expressly provided in Title 63A, Chapter 14, Review
of Executive Branch Ethics Complaints;
(f) records received or generated for a Senate confirmation committee concerning
character, professional competence, or physical or mental health of an individual:
(i) if, prior to the meeting, the chair of the committee determines release of the records:
(A) reasonably could be expected to interfere with the investigation undertaken by the
committee; or
(B) would create a danger of depriving a person of a right to a fair proceeding or
impartial hearing; and
(ii) after the meeting, if the meeting was closed to the public;
(g) employment records concerning a current or former employee of, or applicant for
employment with, a governmental entity that would disclose that individual's home address,
home telephone number, social security number, insurance coverage, marital status, or payroll
deductions;
(h) records or parts of records under Section 
63G-2-303
 that a current or former
employee identifies as private according to the requirements of that section;
(i) that part of a record indicating a person's social security number or federal employer
identification number if provided under Section 
31A-23a-104
, 
31A-25-202
, 
31A-26-202
,
58-1-301
, 
58-55-302
, 
61-1-4
, or 
61-2f-203
;
(j) that part of a voter registration record identifying a voter's:
(i) driver license or identification card number;
(ii) Social Security number, or last four digits of the Social Security number;
(iii) email address; or
(iv) date of birth;
(k) a voter registration record that is classified as a private record by the lieutenant
governor or a county clerk under Subsection 
20A-2-104
(4)(f) or 
20A-2-101.1
(5)(a);
(l) a record that:
(i) contains information about an individual;
(ii) is voluntarily provided by the individual; and
(iii) goes into an electronic database that:
(A) is designated by and administered under the authority of the Chief Information
Officer; and
(B) acts as a repository of information about the individual that can be electronically
retrieved and used to facilitate the individual's online interaction with a state agency;
(m) information provided to the Commissioner of Insurance under:
(i) Subsection 
31A-23a-115
(2)(a);
(ii) Subsection 
31A-23a-302
(3); or
(iii) Subsection 
31A-26-210
(3);
(n) information obtained through a criminal background check under Title 11, Chapter
40, Criminal Background Checks by Political Subdivisions Operating Water Systems;
(o) information provided by an offender that is:
(i) required by the registration requirements of Title 77, Chapter 41, Sex and Kidnap
Offender Registry 
or Title 77, Chapter 43, Child Abuse Registry
; and
(ii) not required to be made available to the public under Subsection 
77-41-110
(4) 
or
77-43-108
(4)
;
(p) a statement and any supporting documentation filed with the attorney general in
accordance with Section 
34-45-107
, if the federal law or action supporting the filing involves
homeland security;
(q) electronic toll collection customer account information received or collected under
Section 
72-6-118
 and customer information described in Section 
17B-2a-815
 received or
collected by a public transit district, including contact and payment information and customer
travel data;
(r) an email address provided by a military or overseas voter under Section
20A-16-501
;
(s) a completed military-overseas ballot that is electronically transmitted under Title
20A, Chapter 16, Uniform Military and Overseas Voters Act;
(t) records received by or generated by or for the Political Subdivisions Ethics Review
Commission established in Section 
11-49-201
, except for:
(i) the commission's summary data report that is required in Section 
11-49-202
; and
(ii) any other document that is classified as public in accordance with Title 11, Chapter
49, Political Subdivisions Ethics Review Commission;
(u) a record described in Subsection 
53A-11a-203
(3) that verifies that a parent was
notified of an incident or threat; and
(v) a criminal background check or credit history report conducted in accordance with
Section 
63A-3-201
.
(2) The following records are private if properly classified by a governmental entity:
(a) records concerning a current or former employee of, or applicant for employment
with a governmental entity, including performance evaluations and personal status information
such as race, religion, or disabilities, but not including records that are public under Subsection
63G-2-301
(2)(b) or 
63G-2-301
(3)(o) or private under Subsection (1)(b);
(b) records describing an individual's finances, except that the following are public:
(i) records described in Subsection 
63G-2-301
(2);
(ii) information provided to the governmental entity for the purpose of complying with
a financial assurance requirement; or
(iii) records that must be disclosed in accordance with another statute;
(c) records of independent state agencies if the disclosure of those records would
conflict with the fiduciary obligations of the agency;
(d) other records containing data on individuals the disclosure of which constitutes a
clearly unwarranted invasion of personal privacy;
(e) records provided by the United States or by a government entity outside the state
that are given with the requirement that the records be managed as private records, if the
providing entity states in writing that the record would not be subject to public disclosure if
retained by it;
(f) any portion of a record in the custody of the Division of Aging and Adult Services,
created in Section 
62A-3-102
, that may disclose, or lead to the discovery of, the identity of a
person who made a report of alleged abuse, neglect, or exploitation of a vulnerable adult; and
(g) audio and video recordings created by a body-worn camera, as defined in Section
77-7a-103
, that record sound or images inside a home or residence except for recordings that: 
(i) depict the commission of an alleged crime;
(ii) record any encounter between a law enforcement officer and a person that results in
death or bodily injury, or includes an instance when an officer fires a weapon;
(iii) record any encounter that is the subject of a complaint or a legal proceeding
against a law enforcement officer or law enforcement agency;
(iv) contain an officer involved critical incident as defined in Section 
76-2-408
(1)(d);
or
(v) have been requested for reclassification as a public record by a subject or
authorized agent of a subject featured in the recording. 
(3) (a) As used in this Subsection (3), "medical records" means medical reports,
records, statements, history, diagnosis, condition, treatment, and evaluation.
(b) Medical records in the possession of the University of Utah Hospital, its clinics,
doctors, or affiliated entities are not private records or controlled records under Section
63G-2-304
 when the records are sought:
(i) in connection with any legal or administrative proceeding in which the patient's
physical, mental, or emotional condition is an element of any claim or defense; or
(ii) after a patient's death, in any legal or administrative proceeding in which any party
relies upon the condition as an element of the claim or defense.
(c) Medical records are subject to production in a legal or administrative proceeding
according to state or federal statutes or rules of procedure and evidence as if the medical
records were in the possession of a nongovernmental medical care provider.
Section 4. Section 
76-1-201
 is amended to read:
76-1-201.
Jurisdiction of offenses.
(1) A person is subject to prosecution in this state for an offense which he commits,
while either within or outside the state, by his own conduct or that of another for which he is
legally accountable, if:
(a) the offense is committed either wholly or partly within the state;
(b) the conduct outside the state constitutes an attempt to commit an offense within the
state;
(c) the conduct outside the state constitutes a conspiracy to commit an offense within
the state and an act in furtherance of the conspiracy occurs in the state; or
(d) the conduct within the state constitutes an attempt, solicitation, or conspiracy to
commit in another jurisdiction an offense under the laws of both this state and the other
jurisdiction.
(2) An offense is committed partly within this state if either the conduct which is any
element of the offense, or the result which is an element, occurs within this state.
(3) In homicide offenses, the "result" is either the physical contact which causes death
or the death itself.
(a) If the body of a homicide victim is found within the state, the death shall be
presumed to have occurred within the state.
(b) If jurisdiction is based on this presumption, this state retains jurisdiction unless the
defendant proves by clear and convincing evidence that:
(i) the result of the homicide did not occur in this state; and
(ii) the defendant did not engage in any conduct in this state which is any element of
the offense.
(4) (a) An offense which is based on an omission to perform a duty imposed by the law
of this state is committed within the state regardless of the location of the offender at the time
of the omission.
(b) For the purpose of establishing venue for a violation of Subsection 
77-41-105
(3)
concerning sex offender registration 
or Subsection 
77-43-105
(3) for child abuse offender
registration
, the offense is considered to be committed:
(i) at the most recent registered primary residence of the offender, if the actual location
of the offender at the time of the violation is not known; or
(ii) at the location of the offender at the time the offender is apprehended.
(5) (a) If no jurisdictional issue is raised, the pleadings are sufficient to establish
jurisdiction.
(b) The defendant may challenge jurisdiction by filing a motion before trial stating
which facts exist that deprive the state of jurisdiction.
(c) The burden is upon the state to initially establish jurisdiction over the offense by a
preponderance of the evidence by showing under the provisions of Subsections (1) through (4)
that the offense was committed either wholly or partly within the borders of the state.
(d) If after the prosecution has met its burden of proof under Subsection (5)(c) the
defendant claims that the state is deprived of jurisdiction or may not exercise jurisdiction, the
burden is upon the defendant to prove by a preponderance of the evidence:
(i) any facts claimed; and
(ii) why those facts deprive the state of jurisdiction.
(6) Facts that deprive the state of jurisdiction or prohibit the state from exercising
jurisdiction include the fact that the:
(a) defendant is serving in a position that is entitled to diplomatic immunity from
prosecution and that the defendant's country has not waived that diplomatic immunity;
(b) defendant is a member of the armed forces of another country and that the crime
that he is alleged to have committed is one that due to an international agreement, such as a
status of forces agreement between his country and the United States, cedes the exercise of
jurisdiction over him for that offense to his country;
(c) defendant is an enrolled member of an Indian tribe, as defined in Section 
9-9-101
,
and that the Indian tribe has a legal status with the United States or the state that vests
jurisdiction in either tribal or federal courts for certain offenses committed within the exterior
boundaries of a tribal reservation, and that the facts establish that the crime is one that vests
jurisdiction in tribal or federal court; or
(d) offense occurred on land that is exclusively within federal jurisdiction.
(7) (a) The Legislature finds that identity fraud under Chapter 6, Part 11, Identity Fraud
Act, involves the use of personal identifying information which is uniquely personal to the
consumer or business victim of that identity fraud and which information is considered to be in
lawful possession of the consumer or business victim wherever the consumer or business
victim currently resides or is found.
(b) For purposes of Subsection (1)(a), an offense which is based on a violation of
Chapter 6, Part 11, Identity Fraud Act, is committed partly within this state, regardless of the
location of the offender at the time of the offense, if the victim of the identity fraud resides or is
found in this state.
(8) The judge shall determine jurisdiction.
Section 5. Section 
76-1-202
 is amended to read:
76-1-202.
Venue of actions.
(1) Criminal actions shall be tried in the county, district, or precinct where the offense
is alleged to have been committed. In determining the proper place of trial, the following
provisions shall apply:
(a) If the commission of an offense commenced outside the state is consummated
within this state, the offender shall be tried in the county where the offense is consummated.
(b) When conduct constituting elements of an offense or results that constitute
elements, whether the conduct or result constituting elements is in itself unlawful, shall occur
in two or more counties, trial of the offense may be held in any of the counties concerned.
(c) If a person committing an offense upon the person of another is located in one
county and his victim is located in another county at the time of the commission of the offense,
trial may be held in either county.
(d) If a cause of death is inflicted in one county and death ensues in another county, the
offender may be tried in either county.
(e) A person who commits an inchoate offense may be tried in any county in which any
act that is an element of the offense, including the agreement in conspiracy, is committed.
(f) Where a person in one county solicits, aids, abets, agrees, or attempts to aid another
in the planning or commission of an offense in another county, he may be tried for the offense
in either county.
(g) When an offense is committed within this state and it cannot be readily determined
in which county or district the offense occurred, the following provisions shall be applicable:
(i) When an offense is committed upon any railroad car, vehicle, watercraft, or aircraft
passing within this state, the offender may be tried in any county through which such railroad
car, vehicle, watercraft, or aircraft has passed.
(ii) When an offense is committed on any body of water bordering on or within this
state, the offender may be tried in any county adjacent to such body of water. The words "body
of water" shall include but not be limited to any stream, river, lake, or reservoir, whether
natural or man-made.
(iii) A person who commits theft may be tried in any county in which he exerts control
over the property affected.
(iv) If an offense is committed on or near the boundary of two or more counties, trial of
the offense may be held in any of such counties.
(v) For any other offense, trial may be held in the county in which the defendant
resides, or, if he has no fixed residence, in the county in which he is apprehended or to which
he is extradited.
(h) A person who commits an offense based on Chapter 6, Part 11, Identity Fraud Act,
may be tried in the county:
(i) where the victim's personal identifying information was obtained;
(ii) where the defendant used or attempted to use the personally identifying
information;
(iii) where the victim of the identity fraud resides or is found; or
(iv) if multiple offenses of identity fraud occur in multiple jurisdictions, in any county
where the victim's identity was used or obtained, or where the victim resides or is found.
(i) For the purpose of establishing venue for a violation of Subsection 
77-41-105
(3)
concerning sex offender registration 
or Subsection 
77-43-105
(3) for child abuse offender
registration
, the offense is considered to be committed:
(i) at the most recent registered primary residence of the offender, if the actual location
of the offender at the time of the violation is not known; or
(ii) at the location of the offender at the time the offender is apprehended.
(2) All objections of improper place of trial are waived by a defendant unless made
before trial.
Section 6. Section 
76-3-402
 is amended to read:
76-3-402.
Conviction of lower degree of offense -- Procedure and limitations.
(1) If at the time of sentencing the court, having regard to the nature and circumstances
of the offense of which the defendant was found guilty and to the history and character of the
defendant, and after having given any victims present at the sentencing and the prosecuting
attorney an opportunity to be heard, concludes it would be unduly harsh to record the
conviction as being for that degree of offense established by statute, the court may enter a
judgment of conviction for the next lower degree of offense and impose sentence accordingly.
(2) If the court suspends the execution of the sentence and places the defendant on
probation, whether or not the defendant is committed to jail as a condition of probation, the
court may enter a judgment of conviction for the next lower degree of offense:
(a) after the defendant has been successfully discharged from probation;
(b) upon motion and notice to the prosecuting attorney;
(c) after reasonable effort has been made by the prosecuting attorney to provide notice
to any victims;
(d) after a hearing if requested by either party under Subsection (2)(c); and
(e) if the court finds entering a judgment of conviction for the next lower degree of
offense is in the interest of justice.
(3) (a) An offense may be reduced only one degree under this section, whether the
reduction is entered under Subsection (1) or (2), unless the prosecutor specifically agrees in
writing or on the court record that the offense may be reduced two degrees.
(b) In no case may an offense be reduced under this section by more than two degrees.
(4) This section does not preclude any person from obtaining or being granted an
expungement of his record as provided by law.
(5) The court may not enter judgment for a conviction for a lower degree of offense if:
(a) the reduction is specifically precluded by law; or
(b) if any unpaid balance remains on court ordered restitution for the offense for which
the reduction is sought.
(6) When the court enters judgment for a lower degree of offense under this section,
the actual title of the offense for which the reduction is made may not be altered.
(7) (a) A person may not obtain a reduction under this section of a conviction that
requires the person to register as a sex offender until the registration requirements under Title
77, Chapter 41, Sex and Kidnap Offender Registry, have expired.
(b) A person required to register as a sex offender for the person's lifetime under
Subsection 
77-41-105
(3)(c) may not be granted a reduction of the conviction for the offense or
offenses that require the person to register as a sex offender.
(8) (a) A person may not obtain a reduction under this section of a conviction that
requires the person to register as a child abuse offender until the registration requirements
under Title 77, Chapter 43, Child Abuse Offender Registry, have expired.
(b) A person required to register as a child abuse offender for the person's lifetime
under Subsection 
77-43-105
(3)(c) may not be granted a reduction of the conviction for the
offense or offenses that require the person to register as a child abuse offender.
[
(8)
] 
(9)
 As used in this section, "next lower degree of offense" includes an offense
regarding which:
(a) a statutory enhancement is charged in the information or indictment that would
increase either the maximum or the minimum sentence; and
(b) the court removes the statutory enhancement pursuant to this section.
Section 7. Section 
77-40-105
 is amended to read:
77-40-105.
Eligibility for expungement of conviction -- Requirements.
(1) A person convicted of an offense may apply to the bureau for a certificate of
eligibility to expunge the record of conviction as provided in this section.
(2) A petitioner is not eligible to receive a certificate of eligibility from the bureau if:
(a) the conviction for which expungement is sought is:
(i) a capital felony;
(ii) a first degree felony;
(iii) a violent felony as defined in Subsection 
76-3-203.5
(1)(c)(i);
(iv) felony automobile homicide;
(v) a felony violation of Subsection 
41-6a-501
(2); [
or
]
(vi) a registerable sex offense as defined in Subsection 
77-41-102
(17); 
or
(vii) a registerable child abuse offense as defined in Subsection 
77-43-102
(2);
(b) a criminal proceeding is pending against the petitioner; or
(c) the petitioner intentionally or knowingly provides false or misleading information
on the application for a certificate of eligibility.
(3) A petitioner seeking to obtain expungement for a record of conviction is not
eligible to receive a certificate of eligibility from the bureau until all of the following have
occurred:
(a) all fines and interest ordered by the court have been paid in full;
(b) all restitution ordered by the court pursuant to Section 
77-38a-302
, or by the Board
of Pardons and Parole pursuant to Section 
77-27-6
, has been paid in full; and
(c) the following time periods have elapsed from the date the petitioner was convicted
or released from incarceration, parole, or probation, whichever occurred last, for each
conviction the petitioner seeks to expunge:
(i) 10 years in the case of a misdemeanor conviction of Subsection 
41-6a-501
(2) or a
felony conviction of Subsection 
58-37-8
(2)(g);
(ii) seven years in the case of a felony;
(iii) five years in the case of any class A misdemeanor or a felony drug possession
offense;
(iv) four years in the case of a class B misdemeanor; or
(v) three years in the case of any other misdemeanor or infraction.
(4) The bureau may not issue a certificate of eligibility if, at the time the petitioner
seeks a certificate of eligibility, the bureau determines that the petitioner's criminal history,
including previously expunged convictions, contains any of the following:
(a) two or more felony convictions other than for drug possession offenses, each of
which is contained in a separate criminal episode;
(b) any combination of three or more convictions other than for drug possession
offenses that include two class A misdemeanor convictions, each of which is contained in a
separate criminal episode;
(c) any combination of four or more convictions other than for drug possession
offenses that include three class B misdemeanor convictions, each of which is contained in a
separate criminal episode; or
(d) five or more convictions other than for drug possession offenses of any degree
whether misdemeanor or felony, excluding infractions and any traffic offenses, each of which
is contained in a separate criminal episode.
(5) The bureau may not issue a certificate of eligibility if, at the time the petitioner
seeks a certificate of eligibility, the bureau determines that the petitioner's criminal history,
including previously expunged convictions, contains any of the following:
(a) three or more felony convictions for drug possession offenses, each of which is
contained in a separate criminal episode; or
(b) any combination of five or more convictions for drug possession offenses, each of
which is contained in a separate criminal episode.
(6) If the petitioner's criminal history contains convictions for both a drug possession
offense and a non drug possession offense arising from the same criminal episode, that criminal
episode shall be counted as provided in Subsection (4) if any non drug possession offense in
that episode:
(a) is a felony or class A misdemeanor; or
(b) has the same or a longer waiting period under Subsection (3) than any drug
possession offense in that episode.
(7) If, prior to May 14, 2013, the petitioner has received a pardon from the Utah Board
of Pardons and Parole, the petitioner is entitled to an expungement order for all pardoned
crimes pursuant to Section 
77-27-5.1
.
Section 8. Section 
77-43-101
 is enacted to read:
CHAPTER 43. CHILD ABUSE OFFENDER REGISTRY
 77-43-101.
Title.
(1) This chapter is known as the "Child Abuse Offender Registry."
(2) This chapter applies to all child abuse offenders in the custody of the Department of
Corrections or on parole or probation on May 9, 2017, or who enter this state on or after May 9,
2017.
Section 9. Section 
77-43-102
 is enacted to read:
 77-43-102.
Definitions.
As used in this chapter:
(1) "Business day" means a day on which state offices are open for regular business.
(2) "Child abuse offender" means any person who:
(a) has been convicted in this state of a felony violation of:
(i) Subsection 
76-5-109
(2)(a) or (b), child abuse;
(ii) Section 
76-5-308.5
, human trafficking of a child; or
(iii) attempting, soliciting, or conspiring to commit any felony offense listed in
Subsections (2)(a)(i) or (ii);
(b) has been convicted of any crime, or an attempt, solicitation, or conspiracy to
commit a crime in another jurisdiction, including any state, federal, or military court, that is
substantially equivalent to the offenses listed in Subsection (2)(a) and who is:
(i) a Utah resident; or
(ii) not a Utah resident, but who, in any 12-month period, is in this state for a total of
or more days, regardless of whether the offender intends to permanently reside in this state;
(c) (i) is required to register as a child abuse offender in any other jurisdiction of
original conviction, who is required to register as a child abuse offender by any state, federal,
or military court, or who would be required to register as a child abuse offender if residing in
the jurisdiction of the conviction regardless of the date of the conviction or any previous
registration requirements; and
(ii) in any 12-month period, is in this state for a total of 10 or more days, regardless of
whether the offender intends to permanently reside in this state;
(d) is a nonresident regularly employed or working in this state, or who is a student in
this state, and was convicted of one or more offenses listed in Subsection (2)(a), or any
substantially equivalent offense in another jurisdiction, or who, as a result of the conviction, is
required to register in the person's state of residence;
(e) is found not guilty by reason of insanity in this state or in any other jurisdiction of
one or more offenses listed in Subsection (2)(a); or
(f) is adjudicated delinquent based on one or more offenses listed in Subsection (2)(a)
and who has been committed to the division for secure confinement for that offense and
remains in the division's custody 30 days before the person's 21st birthday.
(3) "Correctional facility" means the same as that term is defined in Section 
64-13-1
.
(4) "Department" means the Department of Corrections.
(5) "Division" means the Division of Juvenile Justice Services.
(6) "Employed" or "carries on a vocation" includes employment that is full time or part
time, whether financially compensated, volunteered, or for the purpose of government or
educational benefit.
(7) "Indian Country" means:
(a) all land within the limits of any Indian reservation under the jurisdiction of the
United States government, regardless of the issuance of any patent, and includes rights-of-way
running through the reservation;
(b) all dependent Indian communities within the borders of the United States whether
within the original or subsequently acquired territory, and whether or not within the limits of a
state; and
(c) all Indian allotments, including the Indian allotments to which the Indian titles have
not been extinguished, including rights-of-way running through the allotments.
(8) "Jurisdiction" means any state, Indian Country, United States Territory, or any
property under the jurisdiction of the United States Armed Forces, Canada, the United
Kingdom, Australia, or New Zealand.
(9) "Natural parent" means a minor's biological or adoptive parent, and includes the
minor's noncustodial parent.
(10) "Offender" means a child abuse offender as defined in Subsection (2).
(11) "Online identifier" or "Internet identifier":
(a) means any electronic mail, chat, instant messenger, social networking, or similar
name used for Internet communication; and
(b) does not include date of birth, Social Security number, PIN number, or Internet
passwords.
(12) "Primary residence" means the location where the offender regularly resides, even
if the offender intends to move to another location or return to another location at any future
date.
(13) "Register" means to comply with the requirements of this chapter and
administrative rules of the department made under this chapter.
(14) "Registration website" means the Child Abuse Offender Notification and
Registration website described in Section 
77-43-108
 and the information on the website.
(15) "Secondary residence" means any real property that the offender owns or has a
financial interest in, or any location where, in any 12-month period, the offender stays
overnight a total of 10 or more nights when not staying at the offender's primary residence.
(16) "Traffic offense" does not include a violation of Title 41, Chapter 6a, Part 5,
Driving Under the Influence and Reckless Driving.
(17) "Vehicle" means any motor vehicle, aircraft, or watercraft subject to registration in
any jurisdiction.
Section 10. Section 
77-43-103
 is enacted to read:
 77-43-103.
Department duties.
(1) The department shall:
(a) develop and operate a system to collect, analyze, maintain, and disseminate
information on offenders;
(b) make information listed in Subsection 
77-43-108
(4) available to the public; and
(c) share information provided by an offender under this chapter that may not be made
available to the public under Subsection 
77-43-108
(4), but only:
(i) for the purposes under this chapter; or
(ii) in accordance with Section 
63G-2-206
.
(2) Any law enforcement agency shall, in the manner prescribed by the department,
inform the department of:
(a) the receipt of a report or complaint of an offense listed in Subsection
77-43-102
(2)(a), within three business days; and
(b) the arrest of a person suspected of any of the offenses listed in Subsection
77-43-102
(2)(a), within five business days.
(3) Upon convicting and sentencing a person of any of the offenses listed in Subsection
77-43-102
(2)(a), the convicting court shall within three business days forward a signed copy of
the judgment and sentence to the Child Abuse Offender Registry office within the department.
(4) The department shall:
(a) provide the following additional information when available:
(i) the crimes the offender has been convicted of or adjudicated delinquent for; and
(ii) any other relevant identifying information as determined by the department;
(b) maintain the Child Abuse Offender Notification and Registration website; and
(c) ensure that the registration information collected regarding an offender's
employment at an educational institution is entered into the appropriate state records or data
system.
Section 11. Section 
77-43-104
 is enacted to read:
 77-43-104.
Registration of offenders -- Department and agency requirements.
(1) An offender in the custody of the department shall be registered by agents of the
department upon:
(a) placement on probation;
(b) commitment to a secure correctional facility operated by or under contract to the
department;
(c) release from confinement to parole status, termination or expiration of sentence, or
escape;
(d) entrance to and release from any community-based residential program operated by
or under contract to the department; or
(e) termination of probation or parole.
(2) An offender who is not in the custody of the department and who is confined in a
correctional facility not operated by or under contract to the department shall be registered with
the department by the sheriff of the county in which the offender is confined, upon:
(a) commitment to the correctional facility; and
(b) release from confinement.
(3) An offender in the custody of the division shall be registered with the department
by the division prior to release from custody.
(4) An offender committed to a state mental hospital shall be registered with the
department by the hospital upon admission and upon discharge.
(5) (a) (i) A municipal or county law enforcement agency shall register an offender
who resides within the agency's jurisdiction and is not under the supervision of the Division of
Adult Probation and Parole.
(ii) In order to conduct offender registration under this chapter, the agency shall ensure
the agency staff responsible for registration:
(A) has received initial training by the department and has been certified as qualified
and authorized to conduct registrations and enter offender registration information into the
registry database; and
(B) certify annually with the department.
(b) (i) When the department receives offender registration information regarding a
change of an offender's primary residence location, the department shall within five days
electronically notify the law enforcement agencies that have jurisdiction over the area where:
(A) the residence that the offender is leaving is located; and
(B) the residence to which the offender is moving is located.
(ii) The department shall provide notification under this Subsection (5)(b) if the
offender's change of address is between law enforcement agency jurisdictions, or is within one
jurisdiction.
(c) The department shall make available to offenders required to register under this
chapter the name of the agency, whether it is a local law enforcement agency or the department,
that the offender should contact to register, the location for registering, and the requirements of
registration.
(6) An agency in the state that registers an offender on probation, an offender who has
been released from confinement to parole status or termination, or an offender whose sentence
has expired shall inform the offender of the duty to comply with:
(a) the continuing registration requirements of this chapter during the period of
registration required in Subsection 
77-43-105
(3), including:
(i) notification to the state agencies in the states where the registrant presently resides
and plans to reside when moving across state lines;
(ii) verification of address at least every 60 days pursuant to a parole agreement for
lifetime parolees; and
(iii) notification to the out-of-state agency where the offender is living, whether or not
the offender is a resident of that state; and
(b) the identification card requirement under Section 
53-3-806.5
.
(7) The department may make administrative rules necessary to implement this
chapter, including:
(a) training requirements for agency staff responsible for conducting offender
registration;
(b) the method for dissemination of the information; and
(c) instructions to the public regarding the use of the information.
(8) Any information regarding the identity or location of a victim shall be redacted by
the department from information provided under Subsections 
77-43-103
(4) and 
77-43-105
(8).
(9) This chapter does not create or impose any duty on any person to request or obtain
information regarding any offender from the department.
Section 12. Section 
77-43-105
 is enacted to read:
 77-43-105.
Registration of offenders -- Offender responsibilities.
(1) An offender convicted by any other jurisdiction is required to register under
Subsection (3) and Subsection 
77-43-102
(2). The offender shall register with the department
within 10 days of entering the state, regardless of the offender's length of stay.
(2) (a) An offender required to register under this chapter who is under supervision by
the department shall register in person with Division of Adult Probation and Parole.
(b) An offender required to register under this chapter who is no longer under
supervision by the department shall register in person with the police department or sheriff's
office that has jurisdiction over the area where the offender resides.
(3) (a) Except as provided in Subsections (3)(b), (c), and (4), an offender shall, for the
duration of the sentence and for 10 years after termination of sentence or custody of the
division, register every year during the month of the offender's date of birth, during the month
that is the sixth month after the offender's birth month, and also within three business days of
every change of the offender's primary residence, any secondary residences, place of
employment, vehicle information, or educational information required to be submitted under
Subsection (6).
(b) Except as provided in Subsections (4) and (5), an offender who is convicted in
another jurisdiction of an offense listed in Subsection 
77-43-102
(2)(a), a substantially similar
offense, or any other offense that requires registration in the jurisdiction of conviction, shall:
(i) register for the time period, and in the frequency, required by the jurisdiction where
the offender was convicted if that jurisdiction's registration period or registration frequency
requirement for the offense that the offender was convicted of is greater than the 10 years from
completion of the sentence registration period that is required under Subsection (2)(a), or is
more frequent than every six months; or
(ii) register in accordance with the requirements of Subsection (2)(a), if the
jurisdiction's registration period or frequency requirement for the offense that the offender was
convicted of is less than the registration period required under Subsection (2)(a), or is less
frequent than every six months.
(c) (i) An offender convicted as an adult of any first degree felony offense listed in
Subsection 
77-43-102
(2)(a) shall, for the offender's lifetime, register every year during the
month of the offender's birth, during the month that is the sixth month after the offender's birth
month, and also within three business days of every change of the offender's primary residence,
any secondary residences, place of employment, vehicle information, or educational
information required to be submitted under Subsection (6).
(ii) This registration requirement is not subject to exemptions and may not be
terminated or altered during the offender's lifetime.
(d) For the purpose of establishing venue for a violation of this Subsection (3), the
violation is considered to be committed:
(i) at the most recent registered primary residence of the offender or at the location of
the offender, if the actual location of the offender at the time of the violation is not known; or
(ii) at the location of the offender at the time the offender is apprehended.
(4) Notwithstanding Subsection (3), an offender who is confined in a secure facility or
in a state mental hospital is not required to register during the period of confinement.
(5) In the case of an offender adjudicated in another jurisdiction as a juvenile and
required to register under this chapter, the offender shall register in the time period and in the
frequency consistent with the requirements of this Subsection (5). However, if the jurisdiction
of the offender's adjudication does not publish the offender's information on a public website,
the department shall maintain, but not publish the offender's information on the Child Abuse
Offender Registration website.
(6) An offender shall provide the department or the registering entity with the
following information:
(a) all names and aliases by which the offender is or has been known;
(b) the addresses of the offender's primary and secondary residences;
(c) a physical description, including the offender's date of birth, height, weight, eye and
hair color;
(d) the make, model, color, year, plate number, and vehicle identification number of
any vehicle or vehicles the offender owns or regularly drives;
(e) a current photograph of the offender;
(f) a set of fingerprints, if one has not already been provided;
(g) a DNA specimen, taken in accordance with Section 
53-10-404
, if one has not
already been provided;
(h) telephone numbers and any other designations used by the offender for routing or
self-identification in telephonic communications from fixed locations or cellular telephones;
(i) Internet identifiers and the addresses the offender uses for routing or
self-identification in Internet communications or postings;
(j) the name and Internet address of all websites on which the offender is registered
using an online identifier, including all online identifiers used to access those websites;
(k) a copy of the offender's passport, if a passport has been issued to the offender;
(l) if the offender is an alien, all documents establishing the offender's immigration
status;
(m) all professional licenses that authorize the offender to engage in an occupation or
carry out a trade or business, including any identifiers, such as numbers;
(n) each educational institution in Utah at which the offender is employed, carries on a
vocation, or is a student, and any change of enrollment or employment status of the offender at
any educational institution;
(o) the name, the telephone number, and the address of any place where the offender is
employed or will be employed;
(p) the name, the telephone number, and the address of any place where the offender
works as a volunteer or will work as a volunteer; and
(q) the offender's social security number.
(7) Notwithstanding Section 
42-1-1
, an offender:
(a) may not change the offender's name:
(i) while under the jurisdiction of the department; and
(ii) until the registration requirements of this statute have expired; and
(b) may not change the offender's name at any time, if registration is for life under
Subsection (3)(c).
(8) Notwithstanding Subsections (6)(i) and (j) and 
77-43-103
(1)(c), an offender is not
required to provide the department with:
(a) the offender's online identifier and password used exclusively for the offender's
employment on equipment provided by an employer and used to access the employer's private
network; or
(b) online identifiers for the offender's financial accounts, including any bank,
retirement, or investment accounts.
Section 13. Section 
77-43-106
 is enacted to read:
 77-43-106.
Penalties.
(1) An offender who knowingly fails to register under this chapter or provides false or
incomplete information is guilty of a third degree felony and shall be sentenced to serve a term
of incarceration for not less than 90 days and also at least one year of probation.
(2) Neither the court nor the Board of Pardons and Parole may release a person who
violates this chapter from serving the term required under Subsection (1). This Subsection (2)
supersedes any other provision of the law contrary to this chapter.
(3) The offender shall register for an additional year for every year in which the
offender does not comply with the registration requirements of this chapter.
Section 14. Section 
77-43-107
 is enacted to read:
 77-43-107.
Classification of information.
Notwithstanding Title 63G, Chapter 2, Government Records Access and Management
Act, information under Subsection 
77-43-103
(4) that is collected and released under
Subsection 
77-43-108
(4) is public information, unless otherwise restricted under Subsection
77-43-103
(1).
Section 15. Section 
77-43-108
 is enacted to read:
 77-43-108.
Child Abuse Offender Registry -- Department to maintain.
(1) The department shall maintain a Child Abuse Offender Notification and
Registration website on the Internet, which shall contain a disclaimer informing the public:
(a) the information contained on the site is obtained from offenders and the department
does not guarantee its accuracy or completeness;
(b) members of the public are not allowed to use the information to harass or threaten
offenders or members of their families; and
(c) harassment, stalking, or threats against offenders or their families are prohibited and
doing so may violate Utah criminal laws.
(2) The Child Abuse Offender Notification and Registration website shall be:
(a) indexed by both the surname of the offender and by postal codes; and
(b) linked with the Sex and Kidnap Offender Registry as created in Title 77, Chapter
41.
(3) The department shall construct the Child Abuse Notification and Registration
website so that users, before accessing registry information, must indicate that they have read
the disclaimer, understand it, and agree to comply with its terms.
(4) Except as provided in Subsection (6), the Child Abuse Offender Notification and
Registration website shall include the following registry information:
(a) all names and aliases by which the offender is or has been known, but not including
any online or Internet identifiers;
(b) the addresses of the offender's primary, secondary, and temporary residences;
(c) a physical description, including the offender's date of birth, height, weight, and eye
and hair color;
(d) the make, model, color, year, and plate number of any vehicle or vehicles the
offender owns or regularly drives;
(e) a current photograph of the offender;
(f) a list of all professional licenses that authorize the offender to engage in an
occupation or carry out a trade or business;
(g) each educational institution in Utah at which the offender is employed, carries on a
vocation, or is a student;
(h) a list of places where the offender works as a volunteer; and
(i) the crimes listed in Subsection 
77-43-102
(2) that the offender has been convicted of
or for which the offender has been adjudicated delinquent in juvenile court.
(5) The department, its personnel, and any individual or entity acting at the request or
upon the direction of the department are immune from civil liability for damages for good faith
compliance with this chapter and will be presumed to have acted in good faith by reporting
information.
(6) The department shall redact information that, if disclosed, could reasonably identify
a victim.
Section 16. Section 
77-43-109
 is enacted to read:
 77-43-109.
Fees.
(1) Each offender required to register under Section 
77-43-105
 shall, in the month of
the offender's birth:
(a) pay to the department an annual fee of $100 each year the offender is subject to the
registration requirements of this chapter; and
(b) pay to the registering agency, if it is an agency other than the Department of
Corrections, an annual fee of not more than $25, which may be assessed by that agency for
providing registration.
(2) Notwithstanding Subsection (1), an offender who is confined in a secure facility or
in a state mental hospital is not required to pay the annual fee.
(3) The department shall deposit fees collected in accordance with this chapter in the
General Fund as a dedicated credit, to be used by the department for maintaining the offender
registry under this chapter and monitoring offender registration compliance, including the costs
of:
(a) data entry;
(b) processing registration packets;
(c) updating registry information; and
(d) ensuring offender compliance with registration requirements under this chapter.