Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 165 Second Substitute (2021GS)

Sponsor

Sen. Weiler, T.

Final action

Governor Signed 3/17/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• requires that the Department of Corrections automatically remove individuals from the Sex and Kidnap Offender Registry who qualify;
• provides that the department shall notify an individual who is removed that the individual has been removed;
• allows for an individual who has not been automatically removed from the registry by the Department of Corrections but believes their offense is no longer registrable to request removal;
• removes the authority of the Department of Corrections to charge a fee to process a request for removal;
• removes the requirement that registrants must comply with all registration requirements in order to be eligible for removal through petition; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

SEX OFFENDER REGISTRY REVISIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Todd D. Weiler
House Sponsor: 
Craig Hall
LONG TITLE
General Description:
This bill makes changes to the process and requirements for individuals who petition
for removal from the Sex and Kidnap Offender Registry.
Highlighted Provisions:
This bill:
▸ requires that the Department of Corrections automatically remove individuals from
the Sex and Kidnap Offender Registry who qualify;
▸ provides that the department shall notify an individual who is removed that the
individual has been removed;
▸ allows for an individual who has not been automatically removed from the registry
by the Department of Corrections but believes their offense is no longer registrable
to request removal;
▸ removes the authority of the Department of Corrections to charge a fee to process a
request for removal;
▸ removes the requirement that registrants must comply with all registration
requirements in order to be eligible for removal through petition; and
▸ makes technical and conforming changes. 
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a coordination clause.
Utah Code Sections Affected:
AMENDS:
77-41-112
, as last amended by Laws of Utah 2019, Chapter 382
77-41-113
, as enacted by Laws of Utah 2020, Chapter 237
Utah Code Sections Affected by Coordination Clause:
77-41-112
, as last amended by Laws of Utah 2019, Chapter 382
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
77-41-112
 is amended to read:
77-41-112.
Removal from registry -- Requirements -- Procedure.
(1) An offender who is required to register with the Sex and Kidnap Offender Registry
may petition the court for an order removing the offender from the Sex and Kidnap Offender
Registry if:
(a) (i) the offender [
is
] 
was
 convicted of an offense described in Subsection (2);
(ii) at least five years have passed after the day on which the offender's sentence for the
offense [
terminates
] 
terminated
;
(iii) the offense is the only offense for which the offender [
is
] 
was
 required to register;
(iv) the offender [
is
] 
has
 not 
been
 convicted of another offense, excluding a traffic
offense, [
after
] 
since
 the day on which the offender [
is
] 
was
 convicted of the offense for which
the offender is required to register, as evidenced by a certificate of eligibility issued by the
bureau;
(v) the offender successfully [
completes
] 
completed
 all treatment ordered by the court
or the Board of Pardons and Parole relating to the offense; 
and
(vi) the offender [
pays
] 
has paid
 all restitution ordered by the court or the Board of
Pardons and Parole relating to the offense; [
and
] 
or
[
(vii) the offender complies with all registration requirements required under this
chapter at all times; or
]
(b) (i) if the offender is required to register in accordance with Subsection
77-41-105
(3)(a);
(ii) at least 10 years have passed after the later of:
(A) the day on which the offender [
is
] 
was
 placed on probation;
(B) the day on which the offender [
is
] 
was
 released from incarceration to parole;
(C) the day on which the offender's sentence [
is
] 
was
 terminated without parole;
(D) the day on which the offender [
enters
] 
entered
 a community-based residential
program; or
(E) for a minor, as defined in Section 
78A-6-105
, the day on which the division's
custody of the offender [
is
] 
was
 terminated;
(iii) the offender [
is
] 
has
 not 
been
 convicted of another offense that is a class A
misdemeanor, felony, or capital felony within the most recent 10-year period after the date
described in Subsection (1)(b)(ii), as evidenced by a certificate of eligibility issued by the
bureau;
(iv) the offender successfully [
completes
] 
completed
 all treatment ordered by the court
or the Board of Pardons and Parole relating to the offense; 
and
(v) the offender [
pays
] 
has paid
 all restitution ordered by the court or the Board of
Pardons and Parole relating to the offense[
; and
]
.
[
(vi) the offender complies with all registration requirements required under this
chapter at all times.
]
(2) The offenses referred to in Subsection (1)(a)(i) are:
(a) Section 
76-4-401
, enticing a minor, if the offense is a class A misdemeanor;
(b) Section 
76-5-301
, kidnapping;
(c) Section 
76-5-304
, unlawful detention, if the conviction of violating Section
76-5-304
 is the only conviction for which the offender is required to register;
(d) Section 
76-5-401
, unlawful sexual activity with a minor if, at the time of the
offense, the offender is not more than 10 years older than the victim;
(e) Section 
76-5-401.1
, sexual abuse of a minor, if, at the time of the offense, the
offender is not more than 10 years older than the victim;
(f) Section 
76-5-401.2
, unlawful sexual conduct with a 16 or 17 year old, and at the
time of the offense, the offender is not more than 15 years older than the victim; or
(g) Section 
76-9-702.7
, voyeurism, if the offense is a class A misdemeanor.
(3) (a) (i) An offender seeking removal from the Sex and Kidnap Offender Registry
under this section shall apply for a certificate of eligibility from the bureau.
(ii) An offender who intentionally or knowingly provides false or misleading
information to the bureau when applying for a certificate of eligibility is guilty of a class B
misdemeanor and subject to prosecution under Section 
76-8-504.6
.
(iii) Regardless of whether the offender is prosecuted, the bureau may deny a certificate
of eligibility to an offender who provides false information on an application.
(b) (i) The bureau shall perform a check of records of governmental agencies,
including national criminal databases, to determine whether an offender is eligible to receive a
certificate of eligibility.
(ii) If the offender meets the requirements described in Subsection (1)(a) or (b), the
bureau shall issue a certificate of eligibility to the offender, which is valid for a period of 90
days after the day on which the bureau issues the certificate.
(iii) The bureau shall request information from the department regarding whether the
offender meets the requirements.
(iv) 
(A)
 Upon request from the bureau under Subsection (3)(b)(iii), the department
shall issue a document [
that states whether the offender meets the requirements described in
Subsection (1)(a) or (b), which may be used by the bureau to determine if a certificate of
eligibility is appropriate
] 
on whether the offender meets the requirements described in
Subsection (1)(a) or (b), which shall be used by the bureau to determine if a certificate of
eligibility is appropriate
.
(B) The document from the department shall also include a statement regarding the
offender's compliance with all registration requirements under this chapter.
(v) The bureau shall provide a copy of the document provided to the bureau under
Subsection (3)(b)(iv) to the offender upon issuance of a certificate of eligibility.
(4) (a) (i) The bureau shall charge application and issuance fees for a certificate of
eligibility in accordance with the process in Section 
63J-1-504
.
(ii) The application fee shall be paid at the time the offender submits an application for
a certificate of eligibility to the bureau.
(iii) If the bureau determines that the issuance of a certificate of eligibility is
appropriate, the offender will be charged an additional fee for the issuance of a certificate of
eligibility.
(b) Funds generated under this Subsection (4) shall be deposited into the General Fund
as a dedicated credit by the department to cover the costs incurred in determining eligibility.
(5) (a) The offender shall file the petition, including original information, the court
docket, the certificate of eligibility from the bureau, and the document from the department
described in Subsection (3)(b)(iv) with the court, and deliver a copy of the petition to the office
of the prosecutor.
(b) Upon receipt of a petition for removal from the Sex and Kidnap Offender Registry,
the office of the prosecutor shall provide notice of the petition by first-class mail to the victim
at the most recent address of record on file or, if the victim is still a minor under 18 years of
age, to the parent or guardian of the victim.
(c) The notice described in Subsection (5)(b) shall include a copy of the petition, state
that the victim has a right to object to the removal of the offender from the registry, and
provide instructions for registering an objection with the court.
(d) The office of the prosecutor shall provide the following, if available, to the court
within 30 days after the day on which the office receives the petition:
(i) presentencing report;
(ii) an evaluation done as part of sentencing; and
(iii) any other information the office of the prosecutor feels the court should consider.
(e) The victim, or the victim's parent or guardian if the victim is a minor under 18 years
of age, may respond to the petition by filing a recommendation or objection with the court
within 45 days after the day on which the petition is mailed to the victim.
(6) (a) The court shall:
(i) review the petition and all documents submitted with the petition; and
(ii) hold a hearing if requested by the prosecutor or the victim.
(b) The court may grant the petition and order removal of the offender from the registry
if the court determines that the offender has met the requirements described in Subsection
(1)(a) or (b) and removal is not contrary to the interests of the public.
(c) In determining whether removal is contrary to the interests of the public, the court
may not consider removal unless the offender has substantially complied with all registration
requirements under this chapter at all times.
[
(c)
] 
(d)
 If the court grants the petition, the court shall forward a copy of the order
directing removal of the offender from the registry to the department and the office of the
prosecutor.
[
(d)
] 
(e)
 If the court denies the petition, the offender may not submit another petition
for three years.
(7) The court shall notify the victim and the Sex and Kidnap Offender Registry office
in the department of the court's decision within three days after the day on which the court
issues the court's decision in the same manner described in Subsection (5).
Section 2. Section 
77-41-113
 is amended 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
] 
shall be automatically removed
 from the registry 
by the department
 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 shall notify any individual who has been removed from the registry
in accordance with Subsection (1). The notice shall include a statement that the individual is no
longer required to register as a sex offender.
(4) An individual who is currently on the Sex and Kidnap Offender Registry may
submit a request to the department to be removed from the registry.
[
(3)
] 
(5)
 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.
[
(4)
] 
(6)
 If the department determines that the individual qualifies for removal from the
registry, the department shall remove the offender from the registry.
[
(5)
] 
(7)
 If the department determines that the individual does not qualify for 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.
[
(6)
] 
(8)
 Neither the department nor any employee may be civilly liable for a
determination made in good faith in accordance with this section.
[
(7)
] 
(9)
 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.
[
(8) The department may charge a fee, not to exceed $25, for a request for removal.
]
Section 3. 
 Coordinating S.B. 165 with S.B. 215 -- Technical amendment.
If this S.B. 165 and S.B. 215, Sex Offender Registry Amendments, both pass and
become law, the Legislature intends that the Office of Legislative Research and General
Counsel, when preparing the Utah Code database for publication, amend Subsection
77-41-112
(3)(b)(iv)(A) in S.B. 165 to read:
(A) Upon request from the bureau under Subsection (3)(b)(iii), the department shall
issue a document [
that states whether the offender meets the requirements described in
Subsection (1)(a) or (b), which may be used by the bureau to determine if a certificate of
eligibility is appropriate
] 
on whether the offender meets the requirements described in
Subsection (1)(a), (b), or (c), which shall be used by the bureau to determine if a certificate of
eligibility is appropriate
.