Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 106 (2018GS)

Sponsor

Sen. Thatcher, D.

Final action

Governor Signed 3/19/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• provides for delinking personal identifying information from court records under certain circumstances; and
• addresses scope of the provisions.

Every vote on this bill

Bill text

COURT RECORDS AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Daniel W. Thatcher
House Sponsor: 
Logan Wilde
LONG TITLE
General Description:
This bill modifies provisions related to court records.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ provides for delinking personal identifying information from court records under
certain circumstances; and
▸ addresses scope of the provisions.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
ENACTS:
77-40-104.1
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
77-40-104.1
 is enacted to read:
 77-40-104.1.
Eligibility for removing the link between personal identifying
information and court case dismissed.
(1) As used in this section:
(a) "Domestic violence offense" means the same as that term is defined in Section
77-36-1
.
(b) "Personal identifying information" means:
(i) a current name, former name, nickname, or alias; and
(ii) date of birth.
(2) A person whose criminal case is dismissed may move the court for an order to
remove the link between the person's personal identifying information from the dismissed case
in any publicly searchable database of the Utah state courts and the court shall grant that relief
if:
(a) 30 days have passed from the day on which the case is dismissed;
(b) no appeal is filed for the dismissed case within the 30-day period described in
Subsection (2)(a); and
(c) no charge in the case was a domestic violence offense.
(3) Removing the link to personal identifying information of a court record under
Subsection (2) does not affect a prosecuting, arresting, or other agency's records.
(4) A case history, unless expunged under this chapter, remains public and accessible
through a search by case number.
Section 2. 
Effective date.
This bill takes effect on July 1, 2018.