Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 330 (2021GS)

Sponsor

Rep. Stoddard, A.

Final action

House/ filed 3/5/2021

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• creates a definition of "restorative justice" to provide consistency and clarity for existing sections of the entire code; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

RESTORATIVE JUSTICE DEFINITION
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Andrew Stoddard
Senate Sponsor: 
 Todd D. Weiler
LONG TITLE
General Description:
This bill creates a definition of "restorative justice" to be used across the entire code.
Highlighted Provisions:
This bill:
▸ creates a definition of "restorative justice" to provide consistency and clarity for
existing sections of the entire code; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
20A-1-306
, as last amended by Laws of Utah 2019, Chapter 24
68-3-12.5
, as last amended by Laws of Utah 2019, Chapter 24
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
20A-1-306
 is amended to read:
20A-1-306.
Electronic signatures prohibited.
Notwithstanding Title 46, Chapter 4, Uniform Electronic Transactions Act, and
Subsections 
68-3-12
(1)(e) and 
68-3-12.5
[
(28) and (40)
]
(29) and (41)
, an electronic signature
may not be used to sign a petition to:
(1) qualify a ballot proposition for the ballot under Chapter 7, Issues Submitted to the
Voters;
(2) organize and register a political party under Chapter 8, Political Party Formation
and Procedures; or
(3) qualify a candidate for the ballot under Chapter 9, Candidate Qualifications and
Nominating Procedures.
Section 2. Section 
68-3-12.5
 is amended to read:
68-3-12.5.
Definitions for Utah Code.
(1) The definitions listed in this section apply to the Utah Code, unless:
(a) the definition is inconsistent with the manifest intent of the Legislature or repugnant
to the context of the statute; or
(b) a different definition is expressly provided for the respective title, chapter, part,
section, or subsection.
(2) "Adjudicative proceeding" means:
(a) an action by a board, commission, department, officer, or other administrative unit
of the state that determines the legal rights, duties, privileges, immunities, or other legal
interests of one or more identifiable persons, including an action to grant, deny, revoke,
suspend, modify, annul, withdraw, or amend an authority, right, or license; and
(b) judicial review of an action described in Subsection (2)(a).
(3) "Administrator" includes "executor" when the subject matter justifies the use.
(4) "Advisory board," "advisory commission," and "advisory council" mean a board,
commission, committee, or council that:
(a) is created by, and whose duties are provided by, statute or executive order;
(b) performs its duties only under the supervision of another person as provided by
statute; and
(c) provides advice and makes recommendations to another person that makes policy
for the benefit of the general public.
(5) "Armed forces" means the United States Army, Navy, Air Force, Marine Corps,
and Coast Guard.
(6) "City" includes, depending on population, a metro township as defined in Section
10-3c-102
.
(7) "County executive" means:
(a) the county commission, in the county commission or expanded county commission
form of government established under Title 17, Chapter 52a, Changing Forms of County
Government;
(b) the county executive, in the county executive-council optional form of government
authorized by Section 
17-52a-203
; or
(c) the county manager, in the council-manager optional form of government
authorized by Section 
17-52a-204
.
(8) "County legislative body" means:
(a) the county commission, in the county commission or expanded county commission
form of government established under Title 17, Chapter 52a, Changing Forms of County
Government;
(b) the county council, in the county executive-council optional form of government
authorized by Section 
17-52a-203
; and
(c) the county council, in the council-manager optional form of government authorized
by Section 
17-52a-204
.
(9) "Depose" means to make a written statement made under oath or affirmation.
(10) "Executor" includes "administrator" when the subject matter justifies the use.
(11) "Guardian" includes a person who:
(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary
or court appointment; or
(b) is appointed by a court to manage the estate of a minor or incapacitated person.
(12) "Highway" includes:
(a) a public bridge;
(b) a county way;
(c) a county road;
(d) a common road; and
(e) a state road.
(13) "Intellectual disability" means a significant, subaverage general intellectual
functioning that:
(a) exists concurrently with deficits in adaptive behavior; and
(b) is manifested during the developmental period as defined in the current edition of
the Diagnostic and Statistical Manual of Mental Disorders, published by the American
Psychiatric Association.
(14) "Intermediate care facility for people with an intellectual disability" means an
intermediate care facility for the mentally retarded, as defined in Title XIX of the Social
Security Act.
(15) "Land" includes:
(a) land;
(b) a tenement;
(c) a hereditament;
(d) a water right;
(e) a possessory right; and
(f) a claim.
(16) "Month" means a calendar month, unless otherwise expressed.
(17) "Oath" includes "affirmation."
(18) "Person" means:
(a) an individual;
(b) an association;
(c) an institution;
(d) a corporation;
(e) a company;
(f) a trust;
(g) a limited liability company;
(h) a partnership;
(i) a political subdivision;
(j) a government office, department, division, bureau, or other body of government;
and
(k) any other organization or entity.
(19) "Personal property" includes:
(a) money;
(b) goods;
(c) chattels;
(d) effects;
(e) evidences of a right in action;
(f) a written instrument by which a pecuniary obligation, right, or title to property is
created, acknowledged, transferred, increased, defeated, discharged, or diminished; and
(g) a right or interest in an item described in Subsections (19)(a) through (f).
(20) "Personal representative," "executor," and "administrator" include:
(a) an executor;
(b) an administrator;
(c) a successor personal representative;
(d) a special administrator; and
(e) a person who performs substantially the same function as a person described in
Subsections (20)(a) through (d) under the law governing the person's status.
(21) "Policy board," "policy commission," or "policy council" means a board,
commission, or council that:
(a) is authorized to make policy for the benefit of the general public;
(b) is created by, and whose duties are provided by, the constitution or statute; and
(c) performs its duties according to its own rules without supervision other than under
the general control of another person as provided by statute.
(22) "Population" is shown by the most recent state or national census, unless expressly
provided otherwise.
(23) "Process" means a writ or summons issued in the course of a judicial proceeding.
(24) "Property" includes both real and personal property.
(25) "Real estate" or "real property" includes:
(a) land;
(b) a tenement;
(c) a hereditament;
(d) a water right;
(e) a possessory right; and
(f) a claim.
(26) "Restorative justice" means an approach to community building, problem solving,
and conflict resolution that values individual dignity, mutual respect, personal accountability,
inclusion, and collaboration to:
(a) build and restore relationships, repair harm, and create a more just and equitable
environment in communities, schools, and the justice system; and
(b) promote facilitated and voluntary practices, that may be used in lieu of or in
addition to other approaches, including:
(i) community building circles;
(ii) victim-offender conferences;
(iii) family group conferences; and
(iv) community conferences.
[
(26)
] 
(27)
 "Review board," "review commission," and "review council" mean a board,
commission, committee, or council that:
(a) is authorized to approve policy made for the benefit of the general public by another
body or person;
(b) is created by, and whose duties are provided by, statute; and
(c) performs its duties according to its own rules without supervision other than under
the general control of another person as provided by statute.
[
(27)
] 
(28)
 "Road" includes:
(a) a public bridge;
(b) a county way;
(c) a county road;
(d) a common road; and
(e) a state road.
[
(28)
] 
(29)
 "Signature" includes a name, mark, or sign written with the intent to
authenticate an instrument or writing.
[
(29)
] 
(30)
 "State," when applied to the different parts of the United States, includes a
state, district, or territory of the United States.
[
(30)
] 
(31)
 "Swear" includes "affirm."
[
(31)
] 
(32)
 "Testify" means to make an oral statement under oath or affirmation.
[
(32)
] 
(33)
 "Town" includes, depending on population, a metro township as defined in
Section 
10-3c-102
.
[
(33)
] 
(34)
 "Uniformed services" means:
(a) the armed forces;
(b) the commissioned corps of the National Oceanic and Atmospheric Administration;
and
(c) the commissioned corps of the United States Public Health Service.
[
(34)
] 
(35)
 "United States" includes each state, district, and territory of the United
States of America.
[
(35)
] 
(36)
 "Utah Code" means the 1953 recodification of the Utah Code, as amended,
unless the text expressly references a portion of the 1953 recodification of the Utah Code as it
existed:
(a) on the day on which the 1953 recodification of the Utah Code was enacted; or
(b) (i) after the day described in Subsection [
(35)
] 
(36)
(a); and
(ii) before the most recent amendment to the referenced portion of the 1953
recodification of the Utah Code.
[
(36)
] 
(37)
 "Vessel," when used with reference to shipping, includes a steamboat, canal
boat, and every structure adapted to be navigated from place to place.
[
(37)
] 
(38)
 (a) "Veteran" means an individual who:
(i) has served in the United States Armed Forces for at least 180 days:
(A) on active duty; or
(B) in a reserve component, to include the National Guard; or
(ii) has incurred an actual service-related injury or disability while in the United States
Armed Forces regardless of whether the individual completed 180 days; and
(iii) was separated or retired under conditions characterized as honorable or general.
(b) This definition is not intended to confer eligibility for benefits.
[
(38)
] 
(39)
 "Will" includes a codicil.
[
(39)
] 
(40)
 "Writ" means an order or precept in writing, issued in the name of:
(a) the state;
(b) a court; or
(c) a judicial officer.
[
(40)
] 
(41)
 "Writing" includes:
(a) printing;
(b) handwriting; and
(c) information stored in an electronic or other medium if the information is retrievable
in a perceivable format.