Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 34 (2020GS)

Sponsor

Sen. Weiler, T.

Final action

Governor Signed 3/28/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• requires the Department of Corrections to remove an individual from the Sex and Kidnap Offender Registry if the individual is on the registry for an offense which is no longer a registerable offense.

Every vote on this bill

Bill text

This document includes House Committee Amendments incorporated into the bill on Fri, Feb 28, 2020 at 11:11 AM by naomigarrow.
SEX OFFENDER REGISTRY AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Todd Weiler
House Sponsor: 
 Craig Hall
LONG TITLE
Committee Note:
The Judiciary Interim Committee recommended this bill.
Legislative Vote: 12 voting for 0 voting against 4 absent
General Description:
This bill amends the Sex and Kidnap Offender Registry.
Highlighted Provisions:
This bill:
▸ requires the Department of Corrections to remove an individual from the Sex and
Kidnap Offender Registry if the individual is on the registry for an offense which is
no longer a registerable offense.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
77-41-109
, as last amended by Laws of Utah 2015, Chapter 210
ENACTS:
77-41-113
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
77-41-109
 is amended to read:
77-41-109.
Miscellaneous provisions.
(1) (a) If an offender is to be temporarily sent on any assignment outside a secure
facility in which the offender is confined on any assignment, including, without limitation,
firefighting or disaster control, the official who has custody of the offender shall, within a
reasonable time prior to removal from the secure facility, notify the local law enforcement
agencies where the assignment is to be filled.
(b) This Subsection (1) does not apply to any person temporarily released under guard
from the institution in which the person is confined.
(2) Notwithstanding Title 77, Chapter 40, Utah Expungement Act, a person convicted
of any offense listed in Subsection 
77-41-102
(9) or (17) is not relieved from the responsibility
to register as required under this section, unless the offender is removed from the registry under
Section 
77-41-112
or Section 
77-41-113
.
Section 2. Section 
77-41-113
 is enacted to read:
 77-41-113.
Removal for offenses for which registration is no longer required.
(1) An individual who is currently on the Sex and Kidnap Offender Registry because of
a conviction for any of the following offenses may contact the department and request removal
from the registry if the only offense or offenses for which the individual is on the registry is
listed in Subsection (2).
(2) This section applies to a conviction for the following offenses:
(a) a class B or class C misdemeanor for enticing a minor, Section 
76-4-401
;
(b) kidnapping, based upon Subsection 
76-5-301
(1)(a) or (b);
(c) child kidnapping, Section 
76-5-301.1
, if the offender was the natural parent of the
child victim;
(d) unlawful detention, Section 
76-5-304
;
(e) a third degree felony for unlawful sexual intercourse before 1986, or a class B
misdemeanor for unlawful sexual intercourse, Section 
76-5-401
; or
(f) sodomy, but not forcible sodomy, Section 
76-5-403
.
(3) The department, upon receipt of a request for removal from the registry shall:
(a) check the registry for the individual's current status;
(b) determine whether the individual qualifies for removal based upon this section; and
(c) notify the individual in writing of the department's determination and whether the
individual:
(i) qualifies for removal from the registry; or
(ii) does not qualify for removal.
63a 
Ĥ→ 
(4) If the department determines that the individual qualifies for removal from the
63b 
registry, the department shall remove the offender from the registry.
 ←Ĥ
Ĥ→ [
(4)
] 
(5)
 ←Ĥ
If the department determines that the individual does not qualify for
64a 
removal from
the registry, the department shall provide an explanation in writing for the department's
determination. The department's determination is final and not subject to administrative review.
(5) Neither the department nor any employee may be civilly liable for a determination
made in good faith in accordance with this section.
(6) The department shall provide a response to a request for removal within 30 days of
receipt of the request and payment of the fee. If the response cannot be provided within 30
days, the department shall notify the individual that the response may be delayed up to 30
additional days.
(7) The department may charge a fee, not to exceed $25, for a request for removal.