Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 124 (2022GS)

Sponsor

Sen. Mayne, K.

Final action

Governor Signed 3/24/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• contains the cross-references for the Criminal Code Recodification; and
• contains sections renumbered and moved from the Criminal Code.

Every vote on this bill

Bill text

CRIMINAL CODE RECODIFICATION CROSS REFERENCES
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Karen Mayne
House Sponsor: 
Karianne Lisonbee
LONG TITLE
General Description:
This bill contains the cross-references for S.B. 123, Criminal Code Recodification.
Highlighted Provisions:
This bill:
▸ contains the cross-references for the Criminal Code Recodification; and
▸ contains sections renumbered and moved from the Criminal Code.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides revisor instructions.
Utah Code Sections Affected:
AMENDS:
4-32-116
, as renumbered and amended by Laws of Utah 2017, Chapter 345
20A-2-101.5
, as last amended by Laws of Utah 2013, Chapter 263
26-6-27
, as last amended by Laws of Utah 2021, Chapter 345
26-7-14
, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 4
26-10-9
, as last amended by Laws of Utah 2021, Chapter 262
26A-1-114
, as last amended by Laws of Utah 2021, Chapter 437
30-3-34.5
, as enacted by Laws of Utah 2014, Chapter 239
30-5a-103
, as last amended by Laws of Utah 2021, Chapter 262
31A-21-501
, as last amended by Laws of Utah 2012, Chapters 39 and 303
34A-2-110
, as last amended by Laws of Utah 2019, Chapter 193
53-10-104.5
, as enacted by Laws of Utah 2013, Chapter 185
53-10-403
, as last amended by Laws of Utah 2021, Chapter 213
53-13-110.5
, as enacted by Laws of Utah 2021, Chapter 230
53B-28-304
, as enacted by Laws of Utah 2019, Chapter 307
53G-11-405
, as last amended by Laws of Utah 2019, Chapter 293
57-14-102
, as last amended by Laws of Utah 2019, Chapter 345
58-37-8
, as last amended by Laws of Utah 2021, Chapter 236
62A-2-120
, as last amended by Laws of Utah 2021, Chapters 117, 262, and 400
62A-3-301
, as last amended by Laws of Utah 2019, Chapter 281
62A-4a-105
, as last amended by Laws of Utah 2021, Chapters 38 and 262
62A-4a-412
, as last amended by Laws of Utah 2021, Chapters 29, 231, 262, and 419
63G-12-102
, as last amended by Laws of Utah 2015, Chapter 258
63M-7-502
, as last amended by Laws of Utah 2021, Chapter 260
63M-7-513
, as last amended by Laws of Utah 2021, Chapter 260
63N-10-102
, as last amended by Laws of Utah 2019, Chapter 349
75-2-803
, as last amended by Laws of Utah 2006, Chapter 270
75-2-807
, as enacted by Laws of Utah 2021, Chapter 225 and further amended by
Revisor Instructions, Laws of Utah 2021, Chapter 225
75-9-105
, as last amended by Laws of Utah 2020, Chapter 354
77-23a-8
, as last amended by Laws of Utah 2019, Chapter 211
77-27-7
, as last amended by Laws of Utah 2018, Chapter 334
77-27-9
, as last amended by Laws of Utah 2021, Chapters 18, 21 and last amended by
Coordination Clause, Laws of Utah 2021, Chapter 21
77-27-10
, as last amended by Laws of Utah 2021, Chapter 173
77-36-1
, as last amended by Laws of Utah 2021, Chapters 134 and 159
77-36-2.2
, as last amended by Laws of Utah 2013, Chapter 143
77-37-3
, as last amended by Laws of Utah 2021, Chapters 260, 262 and last amended
by Coordination Clause, Laws of Utah 2021, Chapter 262
77-37-5
, as last amended by Laws of Utah 2021, Chapter 260
77-38-3
, as last amended by Laws of Utah 2021, Chapter 260
77-38-15
, as last amended by Laws of Utah 2021, Chapter 260
77-40-102
, as last amended by Laws of Utah 2021, Chapters 206 and 260
77-41-102
, as last amended by Laws of Utah 2021, Chapter 2 and further amended by
Revisor Instructions, Laws of Utah 2021, First Special Session, Chapter 2
77-41-106
, as last amended by Laws of Utah 2020, Chapter 108
77-43-102
, as enacted by Laws of Utah 2017, Chapter 282
78A-6-209
, as last amended by Laws of Utah 2021, Chapter 261
78B-2-308
, as last amended by Laws of Utah 2018, Chapter 192
78B-6-117
, as last amended by Laws of Utah 2021, Chapter 262
78B-7-102
, as last amended by Laws of Utah 2021, Chapter 262
78B-7-502
, as last amended by Laws of Utah 2020, Chapters 108 and 142
78B-7-801
, as last amended by Laws of Utah 2021, Chapter 159 and last amended by
Coordination Clause, Laws of Utah 2021, Chapter 159
78B-7-903
, as enacted by Laws of Utah 2020, Chapter 142
78B-9-402
, as last amended by Laws of Utah 2021, Chapters 36, 36, 46, and 46
80-1-102
, as last amended by Laws of Utah 2021, First Special Session, Chapter 2
80-6-304
, as renumbered and amended by Laws of Utah 2021, Chapter 261
80-6-703
, as enacted by Laws of Utah 2021, Chapter 261
80-6-705
, as enacted by Laws of Utah 2021, Chapter 261
80-6-712
, as enacted by Laws of Utah 2021, Chapter 261
80-6-804
, as last amended by Laws of Utah 2021, First Special Session, Chapter 2
RENUMBERS AND AMENDS:
53-10-801
, (Renumbered from 76-5-501, as last amended by Laws of Utah 2015,
Chapter 39)
53-10-802
, (Renumbered from 76-5-502, as last amended by Laws of Utah 2021,
Chapter 58)
53-10-803
, (Renumbered from 76-5-503, as last amended by Laws of Utah 2011,
Chapter 131)
53-10-804
, (Renumbered from 76-5-504, as last amended by Laws of Utah 2011,
Chapter 177)
53-10-901
, (Renumbered from 76-5-601, as enacted by Laws of Utah 2017, Chapter
249)
53-10-902
, (Renumbered from 76-5-602, as last amended by Laws of Utah 2018,
Chapter 57)
53-10-903
, (Renumbered from 76-5-603, as last amended by Laws of Utah 2018,
Chapter 57)
53-10-904
, (Renumbered from 76-5-604, as last amended by Laws of Utah 2018,
Chapter 57)
53-10-905
, (Renumbered from 76-5-605, as enacted by Laws of Utah 2017, Chapter
249)
53-10-906
, (Renumbered from 76-5-606, as enacted by Laws of Utah 2017, Chapter
249)
53-10-907
, (Renumbered from 76-5-607, as enacted by Laws of Utah 2017, Chapter
249)
53-10-908
, (Renumbered from 76-5-608, as last amended by Laws of Utah 2020,
Chapter 108)
53-10-909
, (Renumbered from 76-5-609, as enacted by Laws of Utah 2017, Chapter
249)
53-10-910
, (Renumbered from 76-5-610, as enacted by Laws of Utah 2017, Chapter
249)
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
4-32-116
 is amended to read:
4-32-116.
Attempt to bribe state officer or employee -- Acceptance of bribe --
Interference with official duties -- Penalties.
(1) (a) A person who gives, pays, or offers, directly or indirectly, any money or other
thing of value, to any officer or employee of this state who is authorized to perform any duties
under this chapter, with the intent to influence the officer or employee in the discharge of the
officer's or employee's duty, is guilty of a felony of the third degree, and upon conviction, shall
be punished by a fine of not more than $5,000 or imprisonment of not more than five years, or
both.
(b) An officer or employee of this state authorized to perform duties under this chapter
who accepts money, a gift, or other thing of value from any person given with intent to
influence the officer's or employee's official action, is guilty of a felony of the third degree and
shall, upon conviction, be discharged from office, and fined in an amount of not more than
$5,000, or imprisoned for not more than five years, or both.
(2) (a) A person who assaults, obstructs, impedes, intimidates, or interferes with any
person engaged in the performance of official duties under this chapter, with or without a
dangerous or deadly weapon, is guilty of a felony of the third degree and upon conviction shall
be punished by a fine of not more than $5,000, or by imprisonment of not more than five years,
or both.
(b) A person who, in the commission of any violation of Subsection (2) of this section,
uses a dangerous weapon as defined in Section [
76-1-601
] 
76-1-101.5
, is guilty of a felony of
the second degree and upon conviction shall be punished by a fine of not more than $10,000, or
by imprisonment for a period of not more than 10 years, or both.
(c) A person who kills another person engaged in the performance of official duties
under this chapter shall be punished as provided in Section 
76-5-202
.
Section 2. Section 
20A-2-101.5
 is amended to read:
20A-2-101.5.
Convicted felons -- Restoration of right to vote and right to hold
office.
(1) As used in this section, "convicted felon" means a person convicted of a felony in
any state or federal court of the United States.
(2) Each convicted felon's right to register to vote and to vote in an election is restored
when:
(a) the felon is sentenced to probation;
(b) the felon is granted parole; or
(c) the felon has successfully completed the term of incarceration to which the felon
was sentenced.
(3) Except as provided by Subsection (4), a convicted felon's right to hold elective
office is restored when:
(a) all of the felon's felony convictions have been expunged; or
(b) (i) 10 years have passed since the date of the felon's most recent felony conviction;
(ii) the felon has paid all court-ordered restitution and fines; and
(iii) for each felony conviction that has not been expunged, the felon has:
(A) completed probation in relation to the felony;
(B) been granted parole in relation to the felony; or
(C) successfully completed the term of incarceration associated with the felony.
(4) An individual who has been convicted of a grievous sexual offense, as defined in
Section [
76-1-601
] 
76-1-101.5
, against a child, may not hold the office of State Board of
Education member or local school board member.
Section 3. Section 
26-6-27
 is amended to read:
26-6-27.
Information regarding communicable or reportable diseases
confidentiality -- Exceptions.
(1) Information collected pursuant to this chapter in the possession of the department
or local health departments relating to an individual who has or is suspected of having a disease
designated by the department as a communicable or reportable disease under this chapter shall
be held by the department and local health departments as strictly confidential. The department
and local health departments may not release or make public that information upon subpoena,
search warrant, discovery proceedings, or otherwise, except as provided by this section.
(2) The information described in Subsection (1) may be released by the department or
local health departments only in accordance with the requirements of this chapter and as
follows:
(a) specific medical or epidemiological information may be released with the written
consent of the individual identified in that information or, if that individual is deceased, his
next-of-kin;
(b) specific medical or epidemiological information may be released to medical
personnel or peace officers in a medical emergency, as determined by the department in
accordance with guidelines it has established, only to the extent necessary to protect the health
or life of the individual identified in the information, or of the attending medical personnel or
law enforcement or public safety officers;
(c) specific medical or epidemiological information may be released to authorized
personnel within the department, local health departments, public health authorities, official
health agencies in other states, the United States Public Health Service, the Centers for Disease
Control and Prevention [
(CDC)
], or when necessary to continue patient services or to
undertake public health efforts to interrupt the transmission of disease;
(d) if the individual identified in the information is under the age of 18, the information
may be released to the Division of Child and Family Services within the Department of Human
Services in accordance with Section 
62A-4a-403
. If that information is required in a court
proceeding involving child abuse or sexual abuse under Title 76, Chapter 5, Offenses Against
the [
Person
] 
Individual
, the information shall be disclosed in camera and sealed by the court
upon conclusion of the proceedings;
(e) specific medical or epidemiological information may be released to authorized
personnel in the department or in local health departments, and to the courts, to carry out the
provisions of this title, and rules adopted by the department in accordance with this title;
(f) specific medical or epidemiological information may be released to blood banks,
organ and tissue banks, and similar institutions for the purpose of identifying individuals with
communicable diseases. The department may, by rule, designate the diseases about which
information may be disclosed under this subsection, and may choose to release the name of an
infected individual to those organizations without disclosing the specific disease;
(g) specific medical or epidemiological information may be released in such a way that
no individual is identifiable;
(h) specific medical or epidemiological information may be released to a "health care
provider" as defined in Section 
78B-3-403
, health care personnel, and public health personnel
who have a legitimate need to have access to the information in order to assist the patient, or to
protect the health of others closely associated with the patient;
(i) specific medical or epidemiological information regarding a health care provider, as
defined in Section 
78B-3-403
, may be released to the department, the appropriate local health
department, and the Division of Occupational and Professional Licensing within the
Department of Commerce, if the identified health care provider is endangering the safety or life
of any individual by his continued practice of health care;
(j) specific medical or epidemiological information may be released in accordance with
Section 
26-6-31
 if an individual is not identifiable; and
(k) specific medical or epidemiological information may be released to a state agency
as defined in Section 
63A-17-901
, to perform the analysis described in Subsection 
26-6-32
(4)
if the state agency agrees to act in accordance with the requirements in this chapter.
(3) The provisions of Subsection (2)(h) do not create a duty to warn third parties, but is
intended only to aid health care providers in their treatment and containment of infectious
disease.
Section 4. Section 
26-7-14
 is amended to read:
26-7-14.
Study on violent incidents and fatalities involving substance abuse --
Report.
(1) As used in this section:
(a) "Drug overdose event" means an acute condition, including a decreased level of
consciousness or respiratory depression resulting from the consumption or use of a controlled
substance, or another substance with which a controlled substance or alcohol was combined,
that results in an individual requiring medical assistance.
(b) "Substance abuse" means the misuse or excessive use of alcohol or other drugs or
substances.
(c) "Violent incident" means:
(i) aggravated assault as described in Section 
76-5-103
;
(ii) child abuse as described in [
Section 
76-5-109
] 
Sections 
76-5-109
, 
76-5-109.2
,
76-5-109.3
, and 
76-5-114
;
(iii) an offense described in Title 76, Chapter 5, Part 2, Criminal Homicide;
(iv) an offense described in Title 76, Chapter 5, Part 4, Sexual Offenses;
(v) a burglary offense described in Sections 
76-6-202
 through 
76-6-204.5
;
(vi) an offense described in Title 76, Chapter 6, Part 3, Robbery;
(vii) a domestic violence offense, as defined in Section 
77-36-1
; and
(viii) any other violent offense, as determined by the department.
(2) In 2021 and continuing every other year, the department shall provide a report
before October 1 to the Health and Human Services Interim Committee regarding the number
of:
(a) violent incidents and fatalities that occurred in the state during the preceding
calendar year that, at the time of occurrence, involved substance abuse;
(b) drug overdose events in the state during the preceding calendar year; and
(c) recommendations for legislation, if any, to prevent the occurrence of the events
described in Subsections (2)(a) and (b).
(3) Before October 1, 2020, the department shall:
(a) determine what information is necessary to complete the report described in
Subsection (2) and from which local, state, and federal agencies the information may be
obtained;
(b) determine the cost of any research or data collection that is necessary to complete
the report described in Subsection (2);
(c) make recommendations for legislation, if any, that is necessary to facilitate the
research or data collection described in Subsection (3)(b), including recommendations for
legislation to assist with information sharing between local, state, federal, and private entities
and the department; and
(d) report the findings described in Subsections (3)(a) through (c) to the Health and
Human Services Interim Committee.
(4) The department may contract with another state agency, private entity, or research
institution to assist the department with the report described in Subsection (2).
Section 5. Section 
26-10-9
 is amended to read:
26-10-9.
Immunizations -- Consent of minor to treatment.
(1) This section:
(a) is not intended to interfere with the integrity of the family or to minimize the rights
of parents or children; and
(b) applies to a minor, who at the time care is sought is:
(i) married or has been married;
(ii) emancipated as provided for in Section 
80-7-105
;
(iii) a parent with custody of a minor child; or
(iv) pregnant.
(2) (a) A minor described in Subsections (1)(b)(i) and (ii) may consent to:
(i) vaccinations against epidemic infections and communicable diseases as defined in
Section 
26-6-2
; and
(ii) examinations and vaccinations required to attend school as provided in Title 53G,
Public Education System -- Local Administration.
(b) A minor described in Subsections (1)(b)(iii) and (iv) may consent to the
vaccinations described in Subsections (2)(a)(i) and (ii), and the vaccine for human
papillomavirus only if:
(i) the minor represents to the health care provider that the minor is an abandoned
minor as defined in Section [
76-5-109
] 
76-5-109.3
; and
(ii) the health care provider makes a notation in the minor's chart that the minor
represented to the health care provider that the minor is an abandoned minor under Section
[
76-5-109
] 
76-5-109.3
.
(c) Nothing in Subsection (2)(a) or (b) requires a health care provider to immunize a
minor.
(3) The consent of the minor pursuant to this section:
(a) is not subject to later disaffirmance because of the minority of the person receiving
the medical services;
(b) is not voidable because of minority at the time the medical services were provided;
(c) has the same legal effect upon the minor and the same legal obligations with regard
to the giving of consent as consent given by a person of full age and capacity; and
(d) does not require the consent of any other person or persons to authorize the medical
services described in Subsections (2)(a) and (b).
(4) A health care provider who provides medical services to a minor in accordance
with the provisions of this section is not subject to civil or criminal liability for providing the
services described in Subsections (2)(a) and (b) without obtaining the consent of another
person prior to rendering the medical services.
(5) This section does not remove the requirement for parental consent or notice when
required by Section 
76-7-304
 or 
76-7-304.5
.
(6) The parents, parent, or legal guardian of a minor who receives medical services
pursuant to Subsections (2)(a) and (b) are not liable for the payment for those services unless
the parents, parent, or legal guardian consented to the medical services.
Section 6. Section 
26A-1-114
 is amended to read:
26A-1-114.
Powers and duties of departments.
(1) Subject to Subsections (7) and (8), a local health department may:
(a) subject to the provisions in Section 
26A-1-108
, enforce state laws, local ordinances,
department rules, and local health department standards and regulations relating to public
health and sanitation, including the plumbing code administered by the Division of
Occupational and Professional Licensing under Title 15A, Chapter 1, Part 2, State Construction
Code Administration Act, and under Title 26, Chapter 15a, Food Safety Manager Certification
Act, in all incorporated and unincorporated areas served by the local health department;
(b) establish, maintain, and enforce isolation and quarantine, and exercise physical
control over property and over individuals as the local health department finds necessary for
the protection of the public health;
(c) establish and maintain medical, environmental, occupational, and other laboratory
services considered necessary or proper for the protection of the public health;
(d) establish and operate reasonable health programs or measures not in conflict with
state law which:
(i) are necessary or desirable for the promotion or protection of the public health and
the control of disease; or
(ii) may be necessary to ameliorate the major risk factors associated with the major
causes of injury, sickness, death, and disability in the state;
(e) close theaters, schools, and other public places and prohibit gatherings of people
when necessary to protect the public health;
(f) abate nuisances or eliminate sources of filth and infectious and communicable
diseases affecting the public health and bill the owner or other person in charge of the premises
upon which this nuisance occurs for the cost of abatement;
(g) make necessary sanitary and health investigations and inspections on its own
initiative or in cooperation with the Department of Health or Environmental Quality, or both,
as to any matters affecting the public health;
(h) pursuant to county ordinance or interlocal agreement:
(i) establish and collect appropriate fees for the performance of services and operation
of authorized or required programs and duties;
(ii) accept, use, and administer all federal, state, or private donations or grants of funds,
property, services, or materials for public health purposes; and
(iii) make agreements not in conflict with state law which are conditional to receiving a
donation or grant;
(i) prepare, publish, and disseminate information necessary to inform and advise the
public concerning:
(i) the health and wellness of the population, specific hazards, and risk factors that may
adversely affect the health and wellness of the population; and
(ii) specific activities individuals and institutions can engage in to promote and protect
the health and wellness of the population;
(j) investigate the causes of morbidity and mortality;
(k) issue notices and orders necessary to carry out this part;
(l) conduct studies to identify injury problems, establish injury control systems,
develop standards for the correction and prevention of future occurrences, and provide public
information and instruction to special high risk groups;
(m) cooperate with boards created under Section 
19-1-106
 to enforce laws and rules
within the jurisdiction of the boards;
(n) cooperate with the state health department, the Department of Corrections, the
Administrative Office of the Courts, the Division of Juvenile Justice Services, and the Crime
Victim Reparations Board to conduct testing for HIV infection of alleged sexual offenders,
convicted sexual offenders, and any victims of a sexual offense;
(o) investigate suspected bioterrorism and disease pursuant to Section 
26-23b-108
; and
(p) provide public health assistance in response to a national, state, or local emergency,
a public health emergency as defined in Section 
26-23b-102
, or a declaration by the President
of the United States or other federal official requesting public health-related activities.
(2) The local health department shall:
(a) establish programs or measures to promote and protect the health and general
wellness of the people within the boundaries of the local health department;
(b) investigate infectious and other diseases of public health importance and implement
measures to control the causes of epidemic and communicable diseases and other conditions
significantly affecting the public health which may include involuntary testing of alleged sexual
offenders for the HIV infection pursuant to Section [
76-5-502
] 
53-10-802
 and voluntary testing
of victims of sexual offenses for HIV infection pursuant to Section [
76-5-503
] 
53-10-803
;
(c) cooperate with the department in matters pertaining to the public health and in the
administration of state health laws; and
(d) coordinate implementation of environmental programs to maximize efficient use of
resources by developing with the Department of Environmental Quality a Comprehensive
Environmental Service Delivery Plan which:
(i) recognizes that the Department of Environmental Quality and local health
departments are the foundation for providing environmental health programs in the state;
(ii) delineates the responsibilities of the department and each local health department
for the efficient delivery of environmental programs using federal, state, and local authorities,
responsibilities, and resources;
(iii) provides for the delegation of authority and pass through of funding to local health
departments for environmental programs, to the extent allowed by applicable law, identified in
the plan, and requested by the local health department; and
(iv) is reviewed and updated annually.
(3) The local health department has the following duties regarding public and private
schools within its boundaries:
(a) enforce all ordinances, standards, and regulations pertaining to the public health of
persons attending public and private schools;
(b) exclude from school attendance any person, including teachers, who is suffering
from any communicable or infectious disease, whether acute or chronic, if the person is likely
to convey the disease to those in attendance; and
(c) (i) make regular inspections of the health-related condition of all school buildings
and premises;
(ii) report the inspections on forms furnished by the department to those responsible for
the condition and provide instructions for correction of any conditions that impair or endanger
the health or life of those attending the schools; and
(iii) provide a copy of the report to the department at the time the report is made.
(4) If those responsible for the health-related condition of the school buildings and
premises do not carry out any instructions for corrections provided in a report in Subsection
(3)(c), the local health board shall cause the conditions to be corrected at the expense of the
persons responsible.
(5) The local health department may exercise incidental authority as necessary to carry
out the provisions and purposes of this part.
(6) Nothing in this part may be construed to authorize a local health department to
enforce an ordinance, rule, or regulation requiring the installation or maintenance of a carbon
monoxide detector in a residential dwelling against anyone other than the occupant of the
dwelling.
(7) (a) Except as provided in Subsection (7)(c), a local health department may not
declare a public health emergency or issue an order of constraint until the local health
department has provided notice of the proposed action to the chief executive officer of the
relevant county no later than 24 hours before the local health department issues the order or
declaration.
(b) The local health department:
(i) shall provide the notice required by Subsection (7)(a) using the best available
method under the circumstances as determined by the local health department;
(ii) may provide the notice required by Subsection (7)(a) in electronic format; and
(iii) shall provide the notice in written form, if practicable.
(c) (i) Notwithstanding Subsection (7)(a), a local health department may declare a
public health emergency or issue an order of constraint without approval of the chief executive
officer of the relevant county if the passage of time necessary to obtain approval of the chief
executive officer of the relevant county as required in Subsection (7)(a) would substantially
increase the likelihood of loss of life due to an imminent threat.
(ii) If a local health department declares a public health emergency or issues an order
of constraint as described in Subsection (7)(c)(i), the local health department shall notify the
chief executive officer of the relevant county before issuing the order of constraint.
(iii) The chief executive officer of the relevant county may terminate a declaration of a
public health emergency or an order of constraint issued as described in Subsection (7)(c)(i)
within 72 hours of declaration of the public health emergency or issuance of the order of
constraint.
(d) The relevant county governing body may at any time terminate a public health
emergency or an order of constraint issued by the local health department by majority vote of
the county governing body in response to a declared public health emergency.
(8) (a) Except as provided in Subsection (8)(b), a public health emergency declared by
a local health department expires at the earliest of:
(i) the local health department or the chief executive officer of the relevant county
finding that the threat or danger has passed or the public health emergency reduced to the
extent that emergency conditions no longer exist;
(ii) 30 days after the date on which the local health department declared the public
health emergency; or
(iii) the day on which the public health emergency is terminated by majority vote of the
county governing body.
(b) (i) The relevant county legislative body, by majority vote, may extend a public
health emergency for a time period designated by the county legislative body.
(ii) If the county legislative body extends a public health emergency as described in
Subsection (8)(b)(i), the public health emergency expires on the date designated by the county
legislative body.
(c) Except as provided in Subsection (8)(d), if a public health emergency declared by a
local health department expires as described in Subsection (8)(a), the local health department
may not declare a public health emergency for the same illness or occurrence that precipitated
the previous public health emergency declaration.
(d) (i) Notwithstanding Subsection (8)(c), subject to Subsection (8)(f), if the local
health department finds that exigent circumstances exist, after providing notice to the county
legislative body, the department may declare a new public health emergency for the same
illness or occurrence that precipitated a previous public health emergency declaration.
(ii) A public health emergency declared as described in Subsection (8)(d)(i) expires in
accordance with Subsection (8)(a) or (b).
(e) For a public health emergency declared by a local health department under this
chapter or under Title 26, Chapter 23b, Detection of Public Health Emergencies Act, the
Legislature may terminate by joint resolution a public health emergency that was declared
based on exigent circumstances or that has been in effect for more than 30 days.
(f) If the Legislature or county legislative body terminates a public health emergency
declared due to exigent circumstances as described in Subsection (8)(d)(i), the local health
department may not declare a new public health emergency for the same illness, occurrence, or
exigent circumstances.
(9) (a) During a public health emergency declared under this chapter or under Title 26,
Chapter 23b, Detection of Public Health Emergencies Act:
(i) except as provided in Subsection (9)(b), a local health department may not issue an
order of constraint without approval of the chief executive officer of the relevant county;
(ii) the Legislature may at any time terminate by joint resolution an order of constraint
issued by a local health department in response to a declared public health emergency that has
been in effect for more than 30 days; and
(iii) a county governing body may at any time terminate by majority vote of the
governing body an order of constraint issued by a local health department in response to a
declared public health emergency.
(b) (i) Notwithstanding Subsection (9)(a)(i), a local health department may issue an
order of constraint without approval of the chief executive officer of the relevant county if the
passage of time necessary to obtain approval of the chief executive officer of the relevant
county as required in Subsection (9)(a)(i) would substantially increase the likelihood of loss of
life due to an imminent threat.
(ii) If a local health department issues an order of constraint as described in Subsection
(9)(b), the local health department shall notify the chief executive officer of the relevant county
before issuing the order of constraint.
(iii) The chief executive officer of the relevant county may terminate an order of
constraint issued as described in Subsection (9)(b) within 72 hours of issuance of the order of
constraint.
(c) (i) For a local health department that serves more than one county, the approval
described in Subsection (9)(a)(i) is required for the chief executive officer for which the order
of constraint is applicable.
(ii) For a local health department that serves more than one county, a county governing
body may only terminate an order of constraint as described in Subsection (9)(a)(iii) for the
county served by the county governing body.
(10) (a) During a public health emergency declared as described in this title:
(i) the department or a local health department may not impose an order of constraint
on a religious gathering that is more restrictive than an order of constraint that applies to any
other relevantly similar gathering; and
(ii) an individual, while acting or purporting to act within the course and scope of the
individual's official department or local health department capacity, may not:
(A) prevent a religious gathering that is held in a manner consistent with any order of
constraint issued pursuant to this title; or
(B) impose a penalty for a previous religious gathering that was held in a manner
consistent with any order of constraint issued pursuant to this title.
(b) Upon proper grounds, a court of competent jurisdiction may grant an injunction to
prevent the violation of this Subsection (10).
(c) During a public health emergency declared as described in this title, the department
or a local health department shall not issue a public health order or impose or implement a
regulation that substantially burdens an individual's exercise of religion unless the department
or local health department demonstrates that the application of the burden to the individual:
(i) is in furtherance of a compelling government interest; and
(ii) is the least restrictive means of furthering that compelling government interest.
(d) Notwithstanding Subsections (8)(a) and (c), the department or a local health
department shall allow reasonable accommodations for an individual to perform or participate
in a religious practice or rite.
Section 7. Section 
30-3-34.5
 is amended to read:
30-3-34.5.
Supervised parent-time.
(1) Considering the fundamental liberty interests of parents and children, it is the
policy of this state that divorcing parents have unrestricted and unsupervised access to their
children. When necessary to protect a child and no less restrictive means is reasonably
available however, a court may order supervised parent-time if the court finds evidence that the
child would be subject to physical or emotional harm or child abuse, as described in [
Section
76-5-109
] 
Sections 
76-5-109
, 
76-5-109.2
, 
76-5-109.3
, and 
76-5-114
, from the noncustodial
parent if left unsupervised with the noncustodial parent.
(2) A court that orders supervised parent-time shall give preference to persons
suggested by the parties to supervise, including relatives. If the court finds that the persons
suggested by the parties are willing to supervise, and are capable of protecting the children
from physical or emotional harm, or child abuse, the court shall authorize the persons to
supervise parent-time.
(3) If the court is unable to authorize any persons to supervise parent-time pursuant to
Subsection (2), the court may require that the noncustodial parent seek the services of a
professional individual or agency to exercise their supervised parent-time.
(4) At the time supervised parent-time is imposed, the court shall consider:
(a) whether the cost of professional or agency services is likely to prevent the
noncustodial parent from exercising parent-time; and
(b) whether the requirement for supervised parent-time should expire after a set period
of time.
(5) The court shall, in its order for supervised parent-time, provide specific goals and
expectations for the noncustodial parent to accomplish before unsupervised parent-time may be
granted. The court shall schedule one or more follow-up hearings to revisit the issue of
supervised parent-time.
(6) A noncustodial parent may, at any time, petition the court to modify the order for
supervised parent-time if the noncustodial parent can demonstrate that the specific goals and
expectations set by the court in Subsection (5) have been accomplished.
Section 8. Section 
30-5a-103
 is amended to read:
30-5a-103.
Custody and visitation for individuals other than a parent.
(1) (a) In accordance with Section 
62A-4a-201
, it is the public policy of this state that a
parent retain the fundamental right and duty to exercise primary control over the care,
supervision, upbringing, and education of the parent's children.
(b) There is a rebuttable presumption that a parent's decisions are in the child's best
interests.
(2) A court may find the presumption in Subsection (1) rebutted and grant custodial or
visitation rights to an individual other than a parent who, by clear and convincing evidence,
establishes that:
(a) the individual has intentionally assumed the role and obligations of a parent;
(b) the individual and the child have formed a substantial emotional bond and created a
parent-child type relationship;
(c) the individual substantially contributed emotionally or financially to the child's well
being;
(d) the assumption of the parental role is not the result of a financially compensated
surrogate care arrangement;
(e) the continuation of the relationship between the individual and the child is in the
child's best interest;
(f) the loss or cessation of the relationship between the individual and the child would
substantially harm the child; and
(g) the parent:
(i) is absent; or
(ii) is found by a court to have abused or neglected the child.
(3) A proceeding under this chapter may be commenced by filing a verified petition, or
petition supported by an affidavit, in the juvenile court if a matter is pending, or in the district
court in the county where the child:
(a) currently resides; or
(b) lived with a parent or an individual other than a parent who acted as a parent within
six months before the commencement of the action.
(4) A proceeding under this chapter may be filed in a pending divorce, parentage
action, or other proceeding, including a proceeding in the juvenile court involving custody of or
visitation with a child.
(5) The petition shall include detailed facts supporting the petitioner's right to file the
petition including the criteria set forth in Subsection (2) and residency information as set forth
in Section 
78B-13-209
.
(6) A proceeding under this chapter may not be filed against a parent who is actively
serving outside the state in any branch of the military.
(7) Notice of a petition filed pursuant to this chapter shall be served in accordance with
the rules of civil procedure on all of the following:
(a) the child's biological, adopted, presumed, declarant, and adjudicated parents;
(b) any individual who has court-ordered custody or visitation rights;
(c) the child's guardian;
(d) the guardian ad litem, if one has been appointed;
(e) an individual or agency that has physical custody of the child or that claims to have
custody or visitation rights; and
(f) any other individual or agency that has previously appeared in any action regarding
custody of or visitation with the child.
(8) The court may order a custody evaluation to be conducted in any action brought
under this chapter.
(9) The court may enter temporary orders in an action brought under this chapter
pending the entry of final orders.
(10) Except as provided in Subsection (11), a court may not grant custody of a child
under this section to an individual who is not the parent of the child and who, before a custody
order is issued, is convicted, pleads guilty, or pleads no contest to a felony or attempted felony
involving conduct that constitutes any of the following:
(a) child abuse, as described in [
Section 
76-5-109
] 
Sections 
76-5-109
, 
76-5-109.2
,
76-5-109.3
, and 
76-5-114
;
(b) child abuse homicide, as described in Section 
76-5-208
;
(c) child kidnapping, as described in Section 
76-5-301.1
;
(d) human trafficking of a child, as described in Section 
76-5-308.5
;
(e) sexual abuse of a minor, as described in Section 
76-5-401.1
;
(f) rape of a child, as described in Section 
76-5-402.1
;
(g) object rape of a child, as described in Section 
76-5-402.3
;
(h) sodomy on a child, as described in Section 
76-5-403.1
;
(i) sexual abuse of a child [
or aggravated sexual abuse of a child
], as described in
Section 
76-5-404.1
, or aggravated sexual abuse of a child, as described in Section 
76-5-404.3
;
(j) sexual exploitation of a minor, as described in Section 
76-5b-201
; or
(k) an offense in another state that, if committed in this state, would constitute an
offense described in this Subsection (10).
(11) (a) As used in this Subsection (11), "disqualifying offense" means an offense
listed in Subsection (10) that prevents a court from granting custody except as provided in this
Subsection (11).
(b) An individual described in Subsection (10) may only be considered for custody of a
child if the following criteria are met by clear and convincing evidence:
(i) the individual is a relative, as defined in Section 
80-3-102
, of the child;
(ii) at least 10 years have elapsed from the day on which the individual is successfully
released from prison, jail, parole, or probation related to a disqualifying offense;
(iii) during the 10 years before the day on which the individual files a petition with the
court seeking custody the individual has not been convicted, plead guilty, or plead no contest to
an offense greater than an infraction or traffic violation that would likely impact the health,
safety, or well-being of the child;
(iv) the individual can provide evidence of successful treatment or rehabilitation
directly related to the disqualifying offense;
(v) the court determines that the risk related to the disqualifying offense is unlikely to
cause harm, as defined in Section 
80-1-102
, or potential harm to the child currently or at any
time in the future when considering all of the following:
(A) the child's age;
(B) the child's gender;
(C) the child's development;
(D) the nature and seriousness of the disqualifying offense;
(E) the preferences of a child 12 years old or older;
(F) any available assessments, including custody evaluations, parenting assessments,
psychological or mental health assessments, and bonding assessments; and
(G) any other relevant information;
(vi) the individual can provide evidence of the following:
(A) the relationship with the child is of long duration;
(B) that an emotional bond exists with the child; and
(C) that custody by the individual who has committed the disqualifying offense ensures
the best interests of the child are met;
(vii) (A) there is no other responsible relative known to the court who has or likely
could develop an emotional bond with the child and does not have a disqualifying offense; or
(B) if there is a responsible relative known to the court that does not have a
disqualifying offense, Subsection (11)(d) applies; and
(viii) that the continuation of the relationship between the individual with the
disqualifying offense and the child could not be sufficiently maintained through any type of
visitation if custody were given to the relative with no disqualifying offense described in
Subsection (11)(d).
(c) The individual with the disqualifying offense bears the burden of proof regarding
why placement with that individual is in the best interest of the child over another responsible
relative or equally situated individual who does not have a disqualifying offense.
(d) If, as provided in Subsection (11)(b)(vii)(B), there is a responsible relative known
to the court who does not have a disqualifying offense:
(i) preference for custody is given to a relative who does not have a disqualifying
offense; and
(ii) before the court may place custody with the individual who has the disqualifying
offense over another responsible, willing, and able relative:
(A) an impartial custody evaluation shall be completed; and
(B) a guardian ad litem shall be assigned.
(12) Subsections (10) and (11) apply to a case pending on March 25, 2017, for which a
final decision on custody has not been made and to a case filed on or after March 25, 2017.
Section 9. Section 
31A-21-501
 is amended to read:
31A-21-501.
Definitions.
For purposes of this part:
(1) "Applicant" means:
(a) in the case of an individual life or accident and health policy, the person who seeks
to contract for insurance benefits; or
(b) in the case of a group life or accident and health policy, the proposed certificate
holder.
(2) "Cohabitant" means an emancipated individual pursuant to Section 
15-2-1
 or an
individual who is 16 years [
of age
] 
old
 or older who:
(a) is or was a spouse of the other party;
(b) is or was living as if a spouse of the other party;
(c) is related by blood or marriage to the other party;
(d) has one or more children in common with the other party; or
(e) resides or has resided in the same residence as the other party.
(3) "Child abuse" means the commission or attempt to commit against a child a
criminal offense described in:
(a) Title 76, Chapter 5, Part 1, Assault and Related Offenses;
(b) Title 76, Chapter 5, Part 4, Sexual Offenses;
(c) Section 
76-9-702
, Lewdness;
(d) Section 
76-9-702.1
, Sexual battery; or
(e) Section 
76-9-702.5
, Lewdness involving a child.
(4) "Domestic violence" means any criminal offense involving violence or physical
harm or threat of violence or physical harm, or any attempt, conspiracy, or solicitation to
commit a criminal offense involving violence or physical harm, when committed by one
cohabitant against another and includes commission or attempt to commit, any of the following
offenses by one cohabitant against another:
(a) aggravated assault, as described in Section 
76-5-103
;
(b) assault, as described in Section 
76-5-102
;
(c) criminal homicide, as described in Section 
76-5-201
;
(d) harassment, as described in Section 
76-5-106
;
(e) electronic communication harassment, as described in Section 
76-9-201
;
(f) [
kidnaping, child kidnaping
] 
kidnapping, child kidnapping
, or aggravated
[
kidnaping
] 
kidnapping
, as described in Sections 
76-5-301
, 
76-5-301.1
, and 
76-5-302
;
(g) mayhem, as described in Section 
76-5-105
;
(h) sexual offenses, as described in Title 76, Chapter 5, Part 4, Sexual Offenses, and
Section 
76-5b-201
;
(i) stalking, as described in Section 
76-5-106.5
;
(j) unlawful detention or unlawful detention of a minor, as described in Section
76-5-304
;
(k) violation of a protective order or ex parte protective order, as described in Section
76-5-108
;
(l) any offense against property described in Title 76, Chapter 6, Part 1, Property
Destruction, Part 2, Burglary and Criminal Trespass, or Part 3, Robbery;
(m) possession of a deadly weapon with intent to assault, as described in Section
76-10-507
; or
(n) discharge of a firearm from a vehicle, near a highway, or in the direction of any
person, building, or vehicle, as described in Section 
76-10-508
.
(5) "Subject of domestic abuse" means an individual who is, has been, may currently
be, or may have been subject to domestic violence or child abuse.
Section 10. Section 
34A-2-110
 is amended to read:
34A-2-110.
Workers' compensation insurance fraud -- Elements -- Penalties --
Notice.
(1) As used in this section:
(a) "Corporation" [
has the same meaning as
] 
means the same as that term is defined
 in
Section 
76-2-201
.
(b) "Intentionally" [
has the same meaning as
] 
means the same as that term is defined
 in
Section 
76-2-103
.
(c) "Knowingly" [
has the same meaning as
] 
means the same as that term is defined
 in
Section 
76-2-103
.
(d) "Person" [
has the same meaning as
] 
means the same as that term is defined
 in
Section [
76-1-601
] 
76-1-101.5
.
(e) "Recklessly" [
has the same meaning as
] 
means the same as that term is defined
 in
Section 
76-2-103
.
(f) "Thing of value" means one or more of the following obtained under this chapter or
Chapter 3, Utah Occupational Disease Act:
(i) workers' compensation insurance coverage;
(ii) disability compensation;
(iii) a medical benefit;
(iv) a good;
(v) a professional service;
(vi) a fee for a professional service; or
(vii) anything of value.
(2) (a) A person is guilty of workers' compensation insurance fraud if that person
intentionally, knowingly, or recklessly:
(i) devises a scheme or artifice to do the following by means of a false or fraudulent
pretense, representation, promise, or material omission:
(A) obtain a thing of value under this chapter or Chapter 3, Utah Occupational Disease
Act;
(B) avoid paying the premium that an insurer charges, for an employee on the basis of
the underwriting criteria applicable to that employee, to obtain a thing of value under this
chapter or Chapter 3, Utah Occupational Disease Act; or
(C) deprive an employee of a thing of value under this chapter or Chapter 3, Utah
Occupational Disease Act; and
(ii) communicates or causes a communication with another in furtherance of the
scheme or artifice.
(b) A violation of this Subsection (2) includes a scheme or artifice to:
(i) make or cause to be made a false written or oral statement with the intent to obtain
insurance coverage as mandated by this chapter or Chapter 3, Utah Occupational Disease Act,
at a rate that does not reflect the risk, industry, employer, or class code actually covered by the
insurance coverage;
(ii) form a business, reorganize a business, or change ownership in a business with the
intent to:
(A) obtain insurance coverage as mandated by this chapter or Chapter 3, Utah
Occupational Disease Act, at a rate that does not reflect the risk, industry, employer, or class
code actually covered by the insurance coverage;
(B) misclassify an employee as described in Subsection (2)(b)(iii); or
(C) deprive an employee of workers' compensation coverage as required by Subsection
34A-2-103
(8);
(iii) misclassify an employee as one of the following so as to avoid the obligation to
obtain insurance coverage as mandated by this chapter or Chapter 3, Utah Occupational
Disease Act:
(A) an independent contractor;
(B) a sole proprietor;
(C) an owner;
(D) a partner;
(E) an officer; or
(F) a member in a limited liability company;
(iv) use a workers' compensation coverage waiver issued under Part 10, Workers'
Compensation Coverage Waivers Act, to deprive an employee of workers' compensation
coverage under this chapter or Chapter 3, Utah Occupational Disease Act; or
(v) collect or make a claim for temporary disability compensation as provided in
Section 
34A-2-410
 while working for gain.
(3) (a) Workers' compensation insurance fraud under Subsection (2) is punishable in
the manner prescribed in Subsection (3)(c).
(b) A corporation or association is guilty of the offense of workers' compensation
insurance fraud under the same conditions as those set forth in Section 
76-2-204
.
(c) (i) In accordance with Subsection (3)(c)(ii), the determination of the degree of an
offense under Subsection (2) shall be measured by the following on the basis of which creates
the greatest penalty:
(A) the total value of all property, money, or other things obtained or sought to be
obtained by the scheme or artifice described in Subsection (2); or
(B) the number of individuals not covered under this chapter or Chapter 3, Utah
Occupational Disease Act, because of the scheme or artifice described in Subsection (2).
(ii) A person is guilty of:
(A) a class A misdemeanor:
(I) if the value of the property, money, or other thing of value described in Subsection
(3)(c)(i)(A) is less than $1,000; or
(II) for each individual described in Subsection (3)(c)(i)(B), if the number of
individuals described in Subsection (3)(c)(i)(B) is less than five;
(B) a third degree felony:
(I) if the value of the property, money, or other thing of value described in Subsection
(3)(c)(i)(A) is equal to or greater than $1,000, but is less than $5,000; or
(II) for each individual described in Subsection (3)(c)(i)(B), if the number of
individuals described in Subsection (3)(c)(i)(B) is equal to or greater than five, but is less than
50; and
(C) a second degree felony:
(I) if the value of the property, money, or other thing of value described in Subsection
(3)(c)(i)(A) is equal to or greater than $5,000; or
(II) for each individual described in Subsection (3)(c)(i)(B), if the number of
individuals described in Subsection (3)(c)(i)(B) is equal to or greater than 50.
(4) The following are not a necessary element of an offense described in Subsection
(2):
(a) reliance on the part of a person;
(b) the intent on the part of the perpetrator of an offense described in Subsection (2) to
permanently deprive a person of property, money, or anything of value; or
(c) an insurer or self-insured employer giving written notice in accordance with
Subsection (5) that workers' compensation insurance fraud is a crime.
(5) (a) An insurer or self-insured employer who, in connection with this chapter or
Chapter 3, Utah Occupational Disease Act, prints, reproduces, or furnishes a form described in
Subsection (5)(b) shall cause to be printed or displayed in comparative prominence with other
content on the form the statement: "Any person who knowingly presents false or fraudulent
underwriting information, files or causes to be filed a false or fraudulent claim for disability
compensation or medical benefits, or submits a false or fraudulent report or billing for health
care fees or other professional services is guilty of a crime and may be subject to fines and
confinement in state prison."
(b) Subsection (5)(a) applies to a form upon which a person:
(i) applies for insurance coverage;
(ii) applies for a workers' compensation coverage waiver issued under Part 10,
Workers' Compensation Coverage Waivers Act;
(iii) reports payroll;
(iv) makes a claim by reason of accident, injury, death, disease, or other claimed loss;
or
(v) makes a report or gives notice to an insurer or self-insured employer.
(c) An insurer or self-insured employer who issues a check, warrant, or other financial
instrument in payment of compensation issued under this chapter or Chapter 3, Utah
Occupational Disease Act, shall cause to be printed or displayed in comparative prominence
above the area for endorsement a statement substantially similar to the following: "Workers'
compensation insurance fraud is a crime punishable by Utah law."
(d) This Subsection (5) applies only to the legal obligations of an insurer or a
self-insured employer.
(e) A person who violates Subsection (2) is guilty of workers' compensation insurance
fraud, and the failure of an insurer or a self-insured employer to fully comply with this
Subsection (5) is not:
(i) a defense to violating Subsection (2); or
(ii) grounds for suppressing evidence.
(6) In the absence of malice, a person, employer, insurer, or governmental entity that
reports a suspected fraudulent act relating to a workers' compensation insurance policy or claim
is not subject to civil liability for libel, slander, or another relevant cause of action.
(7) (a) In an action involving workers' compensation, this section supersedes Title 31A,
Chapter 31, Insurance Fraud Act.
(b) Nothing in this section prohibits the Insurance Department from investigating
violations of this section or from pursuing civil or criminal penalties for violations of this
section in accordance with Section 
31A-31-109
 and this title.
Section 11. Section 
53-10-104.5
 is amended to read:
53-10-104.5.
Wireless service -- Call location in emergencies.
(1) As used in this section:
(a) "Call location information" means the best available location information, including
information obtained by use of historical cellular site information or a mobile locator tool.
(b) "Law enforcement agency" or "agency" has the same definition as in Section
53-1-102
.
(c) "Mobile telecommunications service" has the same definition as in Section 
54-8b-2
.
(d) "Telecommunication device" has the same definition as in Section 
76-6-409.5
.
(2) A mobile telecommunications service shall provide call location information
regarding a telecommunication device user whom a law enforcement agency has reason to
believe is in need of services under Subsection (2)(a) or (b), upon the request of a law
enforcement agency or a public safety communications center if the agency or center
determines the location information is necessary in order to respond to:
(a) a call for emergency response services; or
(b) an emergency situation that involves the imminent risk of death or serious bodily
injury as defined in Section [
76-1-601
] 
76-1-101.5
.
(3) The mobile telecommunications service may establish procedures for its voluntary
response to a request for location under Subsection (2).
(4) A mobile telecommunications service that, acting in good faith, provides
information as requested under Subsection (2) may not be held civilly liable for providing the
information.
(5) (a) The division shall obtain contact information from all mobile
telecommunication service providers that provide services in this state to facilitate
communicating location requests under Subsection (2).
(b) The division shall provide the contact information to all public safety
communications centers in the state and shall provide updates to the contact information.
Section 12. Section 
53-10-403
 is amended to read:
53-10-403.
DNA specimen analysis -- Application to offenders, including minors.
(1) Sections 
53-10-403.6
, 
53-10-404
, 
53-10-404.5
, 
53-10-405
, and 
53-10-406
 apply to
any person who:
(a) has pled guilty to or has been convicted of any of the offenses under Subsection
(2)(a) or (b) on or after July 1, 2002;
(b) has pled guilty to or has been convicted by any other state or by the United States
government of an offense which if committed in this state would be punishable as one or more
of the offenses listed in Subsection (2)(a) or (b) on or after July 1, 2003;
(c) has been booked on or after January 1, 2011, through December 31, 2014, for any
offense under Subsection (2)(c);
(d) has been booked:
(i) by a law enforcement agency that is obtaining a DNA specimen on or after May 13,
2014, through December 31, 2014, under Subsection 
53-10-404
(4)(b) for any felony offense; or
(ii) on or after January 1, 2015, for any felony offense; or
(e) is a minor under Subsection (3).
(2) Offenses referred to in Subsection (1) are:
(a) any felony or class A misdemeanor under the Utah Code;
(b) any offense under Subsection (2)(a):
(i) for which the court enters a judgment for conviction to a lower degree of offense
under Section 
76-3-402
; or
(ii) regarding which the court allows the defendant to enter a plea in abeyance as
defined in Section 
77-2a-1
; or
(c) (i) any violent felony as defined in Section 
53-10-403.5
;
(ii) sale or use of body parts, Section 
26-28-116
;
(iii) failure to stop at an accident that resulted in death, Section 
41-6a-401.5
;
(iv) driving with any amount of a controlled substance in a person's body and causing
serious bodily injury or death, Subsection 
58-37-8
(2)(g);
(v) a felony violation of enticing a minor over the Internet, Section 
76-4-401
;
(vi) a felony violation of propelling a substance or object at a correctional officer, a
peace officer, or an employee or a volunteer, including health care providers, Section
76-5-102.6
;
(vii) aggravated human trafficking
, Section 
76-5-310
,
 and aggravated human
smuggling, Section [
76-5-310
] 
76-5-310.1
;
(viii) a felony violation of unlawful sexual activity with a minor, Section 
76-5-401
;
(ix) a felony violation of sexual abuse of a minor, Section 
76-5-401.1
;
(x) unlawful sexual contact with a 16 or 17-year old, Section 
76-5-401.2
;
(xi) sale of a child, Section 
76-7-203
;
(xii) aggravated escape, Subsection 
76-8-309
(2);
(xiii) a felony violation of assault on an elected official, Section 
76-8-315
;
(xiv) influencing, impeding, or retaliating against a judge or member of the Board of
Pardons and Parole, Section 
76-8-316
;
(xv) advocating criminal syndicalism or sabotage, Section 
76-8-902
;
(xvi) assembly for advocating criminal syndicalism or sabotage, Section 
76-8-903
;
(xvii) a felony violation of sexual battery, Section 
76-9-702.1
;
(xviii) a felony violation of lewdness involving a child, Section 
76-9-702.5
;
(xix) a felony violation of abuse or desecration of a dead human body, Section
76-9-704
;
(xx) manufacture, possession, sale, or use of a weapon of mass destruction, Section
76-10-402
;
(xxi) manufacture, possession, sale, or use of a hoax weapon of mass destruction,
Section 
76-10-403
;
(xxii) possession of a concealed firearm in the commission of a violent felony,
Subsection 
76-10-504
(4);
(xxiii) assault with the intent to commit bus hijacking with a dangerous weapon,
Subsection 
76-10-1504
(3);
(xxiv) commercial obstruction, Subsection 
76-10-2402
(2);
(xxv) a felony violation of failure to register as a sex or kidnap offender, Section
77-41-107
;
(xxvi) repeat violation of a protective order, Subsection 
77-36-1.1
(4); or
(xxvii) violation of condition for release after arrest under Section 
78B-7-802
 .
(3) A minor under Subsection (1) is a minor 14 years old or older who is adjudicated
by the juvenile court due to the commission of any offense described in Subsection (2), and
who:
(a) committed an offense under Subsection (2) within the jurisdiction of the juvenile
court on or after July 1, 2002; or
(b) is in the legal custody of the Division of Juvenile Justice Services on or after July 1,
2002
,
 for an offense under Subsection (2).
Section 13. Section 
53-10-801
, which is renumbered from Section 76-5-501 is
renumbered and amended to read:
[
76-5-501
].
 53-10-801.
Definitions.
For purposes of this part:
(1) "Alleged sexual offender" means [
a person
] 
an individual
 or a minor regarding
whom an indictment, petition, or an information has been filed or an arrest has been made
alleging the commission of a sexual offense or an attempted sexual offense under Title 76,
Chapter 5, Part 4, Sexual Offenses, and regarding which:
(a) a judge has signed an accompanying arrest warrant, pickup order, or any other order
based upon probable cause regarding the alleged offense; and
(b) the judge has found probable cause to believe that the alleged victim has been
exposed to conduct or activities that may result in an HIV infection as a result of the alleged
offense.
(2) "Department of Health" means the state Department of Health as defined in Section
26-1-2
.
(3) "HIV infection" means an indication of Human Immunodeficiency Virus (HIV)
infection determined by current medical standards and detected by any of the following:
(a) presence of antibodies to HIV, verified by a positive "confirmatory" test, such as
Western blot or other method approved by the Utah State Health Laboratory. Western blot
interpretation will be based on criteria currently recommended by the Association of State and
Territorial Public Health Laboratory Directors;
(b) presence of HIV antigen;
(c) isolation of HIV; or
(d) demonstration of HIV proviral DNA.
(4) "HIV positive individual" means [
a person
] 
an individual
 who is HIV positive as
determined by the State Health Laboratory.
(5) "Local department of health" means the department as defined in Subsection
26A-1-102
(5).
(6) "Minor" means [
a person
] 
an individual
 younger than 18 years [
of age
] 
old
.
(7) "Positive" means an indication of the HIV infection as defined in Subsection (3).
(8) "Sexual offense" means a violation of [
state law prohibiting a sexual
] 
any
 offense
under Title 76, Chapter 5, Part 4, Sexual Offenses.
(9) "Test" or "testing" means a test or tests for HIV infection conducted by and in
accordance with standards recommended by the Department of Health.
Section 14. Section 
53-10-802
, which is renumbered from Section 76-5-502 is
renumbered and amended to read:
[
76-5-502
].
 53-10-802.
Request for testing -- Mandatory testing -- Liability for
costs.
(1) (a) An alleged victim of [
the
] 
a
 sexual offense, the parent or guardian of an alleged
victim who is a minor, or the guardian of an alleged victim who is a vulnerable adult as defined
in Section 
62A-3-301
 may request that the alleged sexual offender against whom the
indictment, information, or petition is filed or regarding whom the arrest has been made be
tested to determine whether the alleged offender is an HIV positive individual.
(b) If the alleged victim under Subsection (1)(a) has requested that the alleged offender
be tested, the alleged offender shall submit to being tested not later than 48 hours after an
information or indictment is filed or an order requiring a test is signed.
(c) If the alleged victim under Subsection (1)(a) requests that the alleged offender be
tested more than 48 hours after an information or indictment is filed, the offender shall submit
to being tested not later than 24 hours after the request is made.
(d) As soon as practicable, the results of the test conducted pursuant to this section
shall be provided to:
(i) the alleged victim who requested the test;
(ii) the parent or guardian of the alleged victim, if the alleged victim is a minor;
(iii) the legal guardian of the alleged victim if the victim is a vulnerable adult as
defined in Section 
62A-3-301
;
(iv) the alleged offender; and
(v) the parent or legal guardian of the alleged offender, if the offender is a minor.
(e) If follow-up testing is medically indicated, the results of follow-up testing of the
alleged offender shall be sent as soon as practicable to:
(i) the alleged victim;
(ii) the parent or guardian of the alleged victim if the alleged victim is [
younger than 18
years of age
] 
a minor
;
(iii) the legal guardian of the alleged victim, if the victim is a vulnerable adult as
defined in Section 
62A-3-301
;
(iv) the alleged offender; and
(v) the parent or legal guardian of the alleged offender, if the 
alleged
 offender is a
minor.
(2) If the mandatory test has not been conducted, and the alleged offender or alleged
minor offender is already confined in a county jail, state prison, or a secure youth corrections
facility, the alleged offender shall be tested while in confinement.
(3) (a) The secure youth corrections facility or county jail shall cause the blood
specimen of the alleged offender under Subsection (1) confined in that facility to be taken and
shall forward the specimen to:
(i) the Department of Health; or
(ii) an alternate testing facility, as determined by the secure youth corrections facility or
county jail, if testing under Subsection (3)(a)(i) is unavailable.
(b) The entity that receives the specimen under Subsection (3)(a) shall provide the
result to the prosecutor as soon as practicable for release to the parties as described in
Subsection (1)(d) or (e).
(4) The Department of Corrections shall cause the blood specimen of the alleged
offender defined in Subsection (1) confined in any state prison to be taken and shall forward
the specimen to the Department of Health as provided in Section 
64-13-36
.
(5) The alleged offender who is tested is responsible upon conviction for the costs of
testing, unless the alleged offender is indigent. The costs will then be paid by the Department
of Health from the General Fund.
Section 15. Section 
53-10-803
, which is renumbered from Section 76-5-503 is
renumbered and amended to read:
[
76-5-503
].
 53-10-803.
Voluntary testing -- Victim to request -- Costs paid by
Utah Office for Victims of Crime.
(1) A victim or minor victim of a sexual offense as provided under Title 76, Chapter 5,
Part 4, Sexual Offenses, may request a test for the HIV infection.
(2) (a) The local health department shall obtain the blood specimen from the victim
and forward the specimen to the Department of Health.
(b) The Department of Health shall analyze the specimen of the victim.
(3) The testing shall consist of a base-line test of the victim at the time immediately or
as soon as possible after the alleged occurrence of the sexual offense. If the base-line test result
is not positive, follow-up testing shall occur at three months and six months after the alleged
occurrence of the sexual offense.
(4) The Crime Victim Reparations Fund shall pay for the costs of the victim testing if
the victim provides a substantiated claim of the sexual offense, does not test HIV positive at
the base-line testing phase, and complies with eligibility criteria established by the Utah Office
for Victims of Crime.
Section 16. Section 
53-10-804
, which is renumbered from Section 76-5-504 is
renumbered and amended to read:
[
76-5-504
].
 53-10-804.
Victim notification and counseling.
(1) (a) The Department of Health shall provide the victim who requests testing of the
alleged sexual offender's human immunodeficiency virus status counseling regarding HIV
disease and referral for appropriate health care and support services.
(b) If the local health department in whose jurisdiction the victim resides and the
Department of Health agree, the Department of Health shall forward a report of the alleged
sexual offender's human immunodeficiency virus status to the local health department and the
local health department shall provide the victim who requests the test with the test results,
counseling regarding HIV disease, and referral for appropriate health care and support services.
(2) Notwithstanding the provisions of Section 
26-6-27
, the Department of Health and a
local health department acting pursuant to an agreement made under Subsection (1) may
disclose to the victim the results of the alleged sexual offender's human immunodeficiency
virus status as provided in this section.
Section 17. Section 
53-10-901
, which is renumbered from Section 76-5-601 is
renumbered and amended to read:
[
76-5-601
].
 53-10-901.
Title.
This part is known as the "Sexual Assault Kit Processing Act."
Section 18. Section 
53-10-902
, which is renumbered from Section 76-5-602 is
renumbered and amended to read:
[
76-5-602
].
 53-10-902.
Definitions.
For purposes of this part:
(1) "Collecting facility" means a hospital, health care facility, or other facility that
performs sexual assault examinations.
(2) "Department" means the Department of Public Safety.
(3) "Restricted kit" means a sexual assault kit:
(a) that is collected by a collecting facility; and
(b) for which a victim who is 18 years [
of age
] 
old
 or older at the time of the sexual
assault kit evidence collection declines:
(i) to have his or her sexual assault kit processed; and
(ii) to have the sexual assault examination form shared with any entity outside of the
collection facility.
(4) "Sexual assault kit" means a package of items that is used by medical personnel to
gather and preserve biological and physical evidence following an allegation of sexual assault.
(5) "Trauma-informed, victim-centered" means policies, procedures, programs, and
practices that:
(a) have demonstrated an ability to minimize retraumatization associated with the
criminal justice process by recognizing the presence of trauma symptoms and acknowledging
the role that trauma has played in the life of a victim of sexual assault or sexual abuse; and
(b) encourage law enforcement officers to interact with victims of sexual assault or
sexual abuse with compassion and sensitivity in a nonjudgmental manner.
Section 19. Section 
53-10-903
, which is renumbered from Section 76-5-603 is
renumbered and amended to read:
[
76-5-603
].
 53-10-903.
All sexual assault kits to be submitted.
(1) Except as provided in Subsection [
76-5-604
] 
53-10-904
(5), beginning July 1, 2018,
all sexual assault kits received by law enforcement agencies shall be submitted to the Utah
Bureau of Forensic Services in accordance with the provisions of this part.
(2) The Utah Bureau of Forensic Services shall test all sexual assault kits that the
bureau receives with the goal of developing autosomal DNA profiles that are eligible for entry
into the Combined DNA Index System.
(3) (a) The testing of all sexual assault kits shall be completed within a specified
amount of time, as determined by administrative rule consistent with the provisions of this part.
(b) The ability of the Utah Bureau of Forensic Services to meet the established time
frames may be dependent upon the following factors:
(i) the number of sexual assault kits that the Utah Bureau of Forensic Services
receives;
(ii) the technology available and improved testing methods;
(iii) fully trained and dedicated staff to meet the full workload needs of the Utah
Bureau of Forensic Services; and
(iv) the number of lab requests received relating to other crime categories.
Section 20. Section 
53-10-904
, which is renumbered from Section 76-5-604 is
renumbered and amended to read:
[
76-5-604
].
 53-10-904.
Sexual assault kit processing -- Restricted kits.
(1) Unless the health care provider designates a sexual assault kit as a restricted kit, the
collecting facility shall enter the required victim information into the statewide sexual assault
kit tracking system, defined in Section 
76-5-607
, within 24 hours of performing a sexual
assault examination.
(2) A restricted kit may only be designated as a restricted kit:
(a) by a health care provider; and
(b) at the time of collection.
(3) Each sexual assault kit collected by medical personnel shall be taken into custody
by a law enforcement agency as soon as possible and within one business day of notice from
the collecting facility.
(4) The law enforcement agency that receives a sexual assault kit shall enter the
required information into the statewide sexual assault kit tracking system, provided in Section
[
76-5-607
] 
53-10-907
, within five business days of receiving a sexual assault kit from a
collecting facility.
(5) Each sexual assault kit received by a law enforcement agency from a collecting
facility that relates to an incident that occurred outside of the jurisdiction of the law
enforcement agency shall be transferred to the law enforcement agency with jurisdiction over
the incident within 10 days of learning that another law enforcement agency has jurisdiction.
(6) (a) Except for restricted kits, each sexual assault kit shall be submitted to the Utah
Bureau of Forensic Services as soon as possible, but no later than 30 days after receipt by a law
enforcement agency.
(b) Restricted kits may not be submitted to the Utah Bureau of Forensic Services.
(c) Restricted kits shall be maintained by the law enforcement agency with jurisdiction,
in accordance with the provisions of this part.
(d) A restricted kit may be changed to an unrestricted kit if the victim informs the
designated law enforcement agency that he or she wants to have the sexual assault kit
processed and agrees to release of the sexual assault examination form with the sexual assault
kit. Once a victim indicates that he or she wants the sexual assault kit processed:
(i) the kit may no longer be classified as restricted; and
(ii) the kit shall be transmitted to the Utah Bureau of Forensic Services as soon as
possible, but no later than 30 days after the victim chooses to unrestrict his or her kit with law
enforcement.
(7) If available, a suspect standard or a consensual partner elimination standard shall be
submitted to the Utah Bureau of Forensic Services:
(a) with the sexual assault kit, if available, at the time the sexual assault kit is
submitted; or
(b) as soon as possible, but no later than 30 days from the date the kit was obtained by
the law enforcement agency, if not obtained until after the sexual assault kit is submitted.
(8) Failure to meet a deadline established in this part or as part of any rules established
by the department is not a basis for dismissal of a criminal action or a bar to the admissibility
of the evidence in a criminal action.
Section 21. Section 
53-10-905
, which is renumbered from Section 76-5-605 is
renumbered and amended to read:
[
76-5-605
].
 53-10-905.
Sexual assault kit retention and disposal.
Any item of evidence gathered by collecting facility personnel, law enforcement,
prosecutorial, or defense authorities that may be subject to deoxyribonucleic acid evidence
testing and analysis in order to confirm the guilt or innocence of a criminal defendant may not
be disposed of before trial of a criminal defendant unless:
(1) 50 years have passed from the date of evidence collection for sexual assault kits
relating to an uncharged or unresolved crime; or
(2) 20 years have passed from the date of evidence collection for restricted kits, and:
(a) the prosecution has determined that the defendant will not be tried for the criminal
offense;
(b) the prosecution has filed a motion with the court to destroy the evidence; and
(c) an attempt has been made to notify the victim as required in Subsections
77-37-3
(3)(b)(i) and (ii).
Section 22. Section 
53-10-906
, which is renumbered from Section 76-5-606 is
renumbered and amended to read:
[
76-5-606
].
 53-10-906.
Victim notification of rights -- Notification of law
enforcement.
(1) Collecting facility personnel who conduct sexual assault examinations shall inform
each victim of a sexual assault of:
(a) available services for treatment of sexually transmitted infections, pregnancy, and
other medical and psychiatric conditions;
(b) available crisis intervention or other mental health services provided;
(c) the option to receive prophylactic medication to prevent sexually transmitted
infections and pregnancy;
(d) the right to determine:
(i) whether to provide a personal statement about the sexual assault to law
enforcement; and
(ii) if law enforcement should have access to any paperwork from the forensic
examination; and
(e) the victim's rights as provided in Section 
77-37-3
.
(2) The collecting facility shall notify law enforcement as soon as practicable if the
victim of a sexual assault decides to interview and discuss the assault with law enforcement.
(3) If a victim of a sexual assault declines to provide a personal statement about the
sexual assault to law enforcement, the collecting facility shall provide a written notice to the
victim that contains the following information:
(a) where the sexual assault kit will be stored;
(b) notice that the victim may choose to contact law enforcement any time after
declining to provide a personal statement;
(c) the name, phone number, and email address of the law enforcement agency having
jurisdiction; and
(d) the name and phone number of a local rape crisis center.
Section 23. Section 
53-10-907
, which is renumbered from Section 76-5-607 is
renumbered and amended to read:
[
76-5-607
].
 53-10-907.
Statewide sexual assault kit tracking system.
(1) The department shall develop and implement a statewide tracking system [
by July
1, 2018,
] that contains the following information for all sexual assault kits collected by law
enforcement:
(a) the submission status of sexual assault kits by law enforcement to the Utah Bureau
of Forensic Services;
(b) notification by the Utah Bureau of Forensic Services to law enforcement of DNA
analysis findings; and
(c) the storage location of sexual assault kits.
(2) The tracking system shall include a secure electronic access that allows the
submitting agency, collecting facility, department, and a victim, or his or her designee, to
access or receive information, provided that the disclosure does not impede or compromise an
active investigation, about the:
(a) lab submission status;
(b) DNA analysis findings provided to law enforcement; and
(c) storage location of a sexual assault kit that was gathered from that victim.
Section 24. Section 
53-10-908
, which is renumbered from Section 76-5-608 is
renumbered and amended to read:
[
76-5-608
].
 53-10-908.
Law enforcement -- Training -- Sexual assault, sexual
abuse, and human trafficking.
(1) The department and the Utah Prosecution Council shall develop training in
trauma-informed responses and investigations of sexual assault and sexual abuse, which
include, but are not limited to, the following:
(a) recognizing the symptoms of trauma;
(b) understanding the impact of trauma on a victim;
(c) responding to the needs and concerns of a victim of sexual assault or sexual abuse;
(d) delivering services to victims of sexual assault or sexual abuse in a compassionate,
sensitive, and nonjudgmental manner;
(e) understanding cultural perceptions and common myths of sexual assault and sexual
abuse; and
(f) techniques of writing reports in accordance with Subsection (5).
(2) (a) The department and the Utah Prosecution Council shall offer the training in
Subsection (1) to all certified law enforcement officers in the state.
(b) The training for all law enforcement officers may be offered through an online
course, developed by the department and the Utah Prosecution Council.
(3) The training listed in Subsection (1) shall be offered by the Peace Officer Standards
and Training division to all persons seeking certification as a peace officer.
(4) (a) The department and the Utah Prosecution Council shall develop and offer an
advanced training course for officers who investigate cases of sexual assault or sexual abuse.
(b) The advanced training course shall include:
(i) all criteria listed in Subsection (1); and
(ii) interviewing techniques in accordance with the curriculum standards in Subsection
(5).
(5) The department shall consult with the Utah Prosecution Council to develop the
specific training requirements of this section, including curriculum standards for report writing
and response to sexual assault and sexual abuse, including trauma-informed and
victim-centered interview techniques, which have been demonstrated to minimize
retraumatizing victims.
(6) The Office of the Attorney General shall develop and offer training for law
enforcement officers in investigating human trafficking offenses.
(7) The training described in Subsection (6) shall be offered to all law enforcement
officers in the state by July 1, 2020.
(8) The training described in Subsection (6) shall be offered by the Peace Officer
Standards and Training division to all persons seeking certification as a peace officer, in
conjunction with the training described in Subsection (1), beginning July 1, 2021.
(9) The Office of the Attorney General, the department, and the Utah Prosecution
Council shall consult with one another to provide the training described in Subsection (6)
jointly with the training described in Subsection (1) as reasonably practicable.
Section 25. Section 
53-10-909
, which is renumbered from Section 76-5-609 is
renumbered and amended to read:
[
76-5-609
].
 53-10-909.
Rulemaking authority.
After consultation with the Utah Bureau of Forensic Services and in accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules,
consistent with this part, regarding:
(1) the procedures for the submission and testing of all sexual assault kits collected by
law enforcement and prosecutorial agencies in the state;
(2) the information and evidence that is required to be submitted as part of each sexual
assault kit submission; and
(3) goals for the completion of analysis and classification of all sexual assault kit
submissions.
Section 26. Section 
53-10-910
, which is renumbered from Section 76-5-610 is
renumbered and amended to read:
[
76-5-610
].
 53-10-910.
Reporting requirement.
The Department of Public Safety and the Utah Bureau of Forensic Services shall report
by July 31 of each year to the Law Enforcement and Criminal Justice Interim Committee and
the Executive Offices and Criminal Justice Appropriations Subcommittee regarding:
(1) the timelines set for testing all sexual assault kits submitted to the Utah Bureau of
Forensic Services as provided in Subsection [
76-5-603
] 
53-10-903
(2);
(2) the goals established in Section [
76-5-609
] 
53-10-909
;
(3) the status of meeting those goals;
(4) the number of sexual assault kits that are sent to the Utah Bureau of Forensic
Services for testing;
(5) the number of restricted kits held by law enforcement;
(6) the number of sexual assault kits that are not processed in accordance with the
timelines established in this part; and
(7) future appropriations requests that will ensure that all DNA cases can be processed
according to the timelines established by this part.
Section 27. Section 
53-13-110.5
 is amended to read:
53-13-110.5.
Retention of records of interviews of minors.
If a peace officer, or the officer's employing agency, records an interview of a minor
during an investigation of a violation of Section 
76-5-402.1
, 
76-5-402.3
, 
76-5-403.1
, [
or
]
76-5-404.1
, or 
76-5-404.3
, the agency shall retain a copy of the recording for 18 years after the
day on which the last recording of the interview is made, unless the prosecuting attorney
requests in writing that the recording be retained for an additional period of time.
Section 28. Section 
53B-28-304
 is amended to read:
53B-28-304.
Criminal retaliation against a victim or a witness.
(1) As used in this section:
(a) "Bodily injury" means the same as that term is defined in Section [
76-1-601
]
76-1-101.5
.
(b) "Damage" means physical damage to an individual's property.
(2) An individual is guilty of a third degree felony if the individual inflicts bodily
injury or damage:
(a) upon a victim of or a witness to an act of sexual violence alleged in a covered
allegation; and
(b) in retaliation for the victim's or the witness's:
(i) report of the covered allegation; or
(ii) involvement in an investigation initiated by the institution in response to the
covered allegation.
(3) An individual is guilty of a third degree felony if the individual:
(a) communicates an intention to inflict bodily injury:
(i) upon a victim of or a witness to an act of sexual violence alleged in a covered
allegation; and
(ii) in retaliation for the victim's or the witness's:
(A) report of the covered allegation; or
(B) involvement in an investigation initiated by the institution in response to the
covered allegation; and
(b) (i) intends the communication described in Subsection (3)(a) as a threat against the
victim or the witness; or
(ii) knows that the communication described in Subsection (3)(a) will be viewed as a
threat against the victim or the witness.
Section 29. Section 
53G-11-405
 is amended to read:
53G-11-405.
Due process for individuals--Review of criminal history information.
(1) (a) In accordance with Section 
53-10-108
, an authorized entity shall provide an
individual an opportunity to review and respond to any criminal history information received
under this part.
(b) If an authorized entity decides to disqualify an individual as a result of criminal
history information received under this part, an individual may request a review of:
(i) information received; and
(ii) the reasons for the disqualification.
(c) An authorized entity shall provide an individual described in Subsection (1)(b) with
written notice of:
(i) the reasons for the disqualification; and
(ii) the individual's right to request a review of the disqualification.
(2) (a) An LEA or qualifying private school shall make decisions regarding criminal
history information for the individuals subject to the background check requirements under
Section 
53G-11-402
 in accordance with:
(i) Subsection (3);
(ii) administrative procedures established by the LEA or qualifying private school; and
(iii) rules established by the state board.
(b) The state board shall make decisions regarding criminal history information for
licensed educators in accordance with:
(i) Subsection (3);
(ii) Title 53E, Chapter 6, Education Professional Licensure; and
(iii) rules established by the state board.
(3) When making decisions regarding initial employment, initial licensing, or initial
appointment for the individuals subject to background checks under this part, an authorized
entity shall consider:
(a) any convictions, including pleas in abeyance;
(b) any matters involving a felony; and
(c) any matters involving an alleged:
(i) sexual offense;
(ii) class A misdemeanor drug offense;
(iii) offense against the person under Title 76, Chapter 5, Offenses Against the [
Person
]
Individual
;
(iv) class A misdemeanor property offense that is alleged to have occurred within the
previous three years; and
(v) any other type of criminal offense, if more than one occurrence of the same type of
offense is alleged to have occurred within the previous eight years.
Section 30. Section 
57-14-102
 is amended to read:
57-14-102.
Definitions.
As used in this chapter:
(1) "Charge" means the admission price or fee asked in return for permission to enter
or go upon the land.
(2) "Child" means an individual who is 16 years [
of age
] 
old
 or younger.
(3) (a) "Land" means any land within the state boundaries.
(b) "Land" includes roads, railway corridors, water, water courses, private ways and
buildings, structures, and machinery or equipment when attached to the realty.
(4) "Owner" means the possessor of any interest in the land, whether public or private
land, including a tenant, a lessor, a lessee, an occupant, or person in control of the land.
(5) "Person" includes any person, regardless of age, maturity, or experience, who enters
upon or uses land for recreational purposes.
(6) "Recreational purpose" includes, but is not limited to, any of the following or any
combination thereof:
(a) hunting;
(b) fishing;
(c) swimming;
(d) skiing;
(e) snowshoeing;
(f) camping;
(g) picnicking;
(h) hiking;
(i) studying nature;
(j) waterskiing;
(k) engaging in water sports;
(l) engaging in equestrian activities;
(m) using boats;
(n) mountain biking;
(o) riding narrow gauge rail cars on a narrow gauge track that does not exceed 24 inch
gauge;
(p) using off-highway vehicles or recreational vehicles;
(q) viewing or enjoying historical, archaeological, scenic, or scientific sites;
(r) aircraft operations; and
(s) equestrian activity, skateboarding, skydiving, paragliding, hang gliding, roller
skating, ice skating, walking, running, jogging, bike riding, or in-line skating.
(7) "Serious physical injury" means any physical injury or set of physical injuries that:
(a) seriously impairs a person's health;
(b) was caused by use of a dangerous weapon as defined in Section [
76-1-601
]
76-1-101.5
;
(c) involves physical torture or causes serious emotional harm to a person; or
(d) creates a reasonable risk of death.
(8) "Trespasser" means a person who enters on the land of another without:
(a) express or implied permission; or
(b) invitation.
Section 31. Section 
58-37-8
 is amended to read:
58-37-8.
Prohibited acts -- Penalties.
(1) Prohibited acts A -- Penalties and reporting:
(a) Except as authorized by this chapter, it is unlawful for a person to knowingly and
intentionally:
(i) produce, manufacture, or dispense, or to possess with intent to produce,
manufacture, or dispense, a controlled or counterfeit substance;
(ii) distribute a controlled or counterfeit substance, or to agree, consent, offer, or
arrange to distribute a controlled or counterfeit substance;
(iii) possess a controlled or counterfeit substance with intent to distribute; or
(iv) engage in a continuing criminal enterprise where:
(A) the person participates, directs, or engages in conduct that results in a violation of
Chapter 37, Utah Controlled Substances Act, Chapter 37a, Utah Drug Paraphernalia Act,
Chapter 37b, Imitation Controlled Substances Act, Chapter 37c, Utah Controlled Substance
Precursor Act, or Chapter 37d, Clandestine Drug Lab Act, that is a felony; and
(B) the violation is a part of a continuing series of two or more violations of Chapter
37, Utah Controlled Substances Act, Chapter 37a, Utah Drug Paraphernalia Act, Chapter 37b,
Imitation Controlled Substances Act, Chapter 37c, Utah Controlled Substance Precursor Act,
or Chapter 37d, Clandestine Drug Lab Act, on separate occasions that are undertaken in concert
with five or more persons with respect to whom the person occupies a position of organizer,
supervisor, or any other position of management.
(b) A person convicted of violating Subsection (1)(a) with respect to:
(i) a substance or a counterfeit of a substance classified in Schedule I or II, a controlled
substance analog, or gammahydroxybutyric acid as listed in Schedule III is guilty of a second
degree felony, punishable by imprisonment for not more than 15 years, and upon a second or
subsequent conviction is guilty of a first degree felony;
(ii) a substance or a counterfeit of a substance classified in Schedule III or IV, or
marijuana, or a substance listed in Section 
58-37-4.2
 is guilty of a third degree felony, and
upon a second or subsequent conviction is guilty of a second degree felony; or
(iii) a substance or a counterfeit of a substance classified in Schedule V is guilty of a
class A misdemeanor and upon a second or subsequent conviction is guilty of a third degree
felony.
(c) A person who has been convicted of a violation of Subsection (1)(a)(ii) or (iii) may
be sentenced to imprisonment for an indeterminate term as provided by law, but if the trier of
fact finds a firearm as defined in Section 
76-10-501
 was used, carried, or possessed on the
person or in the person's immediate possession during the commission or in furtherance of the
offense, the court shall additionally sentence the person convicted for a term of one year to run
consecutively and not concurrently; and the court may additionally sentence the person
convicted for an indeterminate term not to exceed five years to run consecutively and not
concurrently.
(d) (i) A person convicted of violating Subsection (1)(a)(iv) is guilty of a first degree
felony punishable by imprisonment for an indeterminate term of not less than:
(A) seven years and which may be for life; or
(B) 15 years and which may be for life if the trier of fact determined that the defendant
knew or reasonably should have known that any subordinate under Subsection (1)(a)(iv)(B)
was under 18 years old.
(ii) Imposition or execution of the sentence may not be suspended, and the person is
not eligible for probation.
(iii) Subsection (1)(d)(i)(B) does not apply to any defendant who, at the time of the
offense, was under 18 years old.
(e) The Administrative Office of the Courts shall report to the Division of
Occupational and Professional Licensing the name, case number, date of conviction, and if
known, the date of birth of each person convicted of violating Subsection (1)(a). 
(2) Prohibited acts B -- Penalties and reporting:
(a) It is unlawful:
(i) for a person knowingly and intentionally to possess or use a controlled substance
analog or a controlled substance, unless it was obtained under a valid prescription or order,
directly from a practitioner while acting in the course of the person's professional practice, or as
otherwise authorized by this chapter;
(ii) for an owner, tenant, licensee, or person in control of a building, room, tenement,
vehicle, boat, aircraft, or other place knowingly and intentionally to permit them to be occupied
by persons unlawfully possessing, using, or distributing controlled substances in any of those
locations; or
(iii) for a person knowingly and intentionally to possess an altered or forged
prescription or written order for a controlled substance.
(b) A person convicted of violating Subsection (2)(a)(i) with respect to:
(i) marijuana, if the amount is 100 pounds or more, is guilty of a second degree felony;
or
(ii) a substance classified in Schedule I or II, or a controlled substance analog, is guilty
of a class A misdemeanor on a first or second conviction, and on a third or subsequent
conviction if each prior offense was committed within seven years before the date of the
offense upon which the current conviction is based is guilty of a third degree felony.
(c) Upon a person's conviction of a violation of this Subsection (2) subsequent to a
conviction under Subsection (1)(a), that person shall be sentenced to a one degree greater
penalty than provided in this Subsection (2).
(d) A person who violates Subsection (2)(a)(i) with respect to all other controlled
substances not included in Subsection (2)(b)(i) or (ii), including a substance listed in Section
58-37-4.2
, or marijuana, is guilty of a class B misdemeanor.
(i) Upon a third conviction the person is guilty of a class A misdemeanor, if each prior
offense was committed within seven years before the date of the offense upon which the
current conviction is based.
(ii) Upon a fourth or subsequent conviction the person is guilty of a third degree felony
if each prior offense was committed within seven years before the date of the offense upon
which the current conviction is based.
(e) A person convicted of violating Subsection (2)(a)(i) while inside the exterior
boundaries of property occupied by a correctional facility as defined in Section 
64-13-1
 or a
public jail or other place of confinement shall be sentenced to a penalty one degree greater than
provided in Subsection (2)(b), and if the conviction is with respect to controlled substances as
listed in:
(i) Subsection (2)(b), the person may be sentenced to imprisonment for an
indeterminate term as provided by law, and:
(A) the court shall additionally sentence the person convicted to a term of one year to
run consecutively and not concurrently; and
(B) the court may additionally sentence the person convicted for an indeterminate term
not to exceed five years to run consecutively and not concurrently; and
(ii) Subsection (2)(d), the person may be sentenced to imprisonment for an
indeterminate term as provided by law, and the court shall additionally sentence the person
convicted to a term of six months to run consecutively and not concurrently.
(f) A person convicted of violating Subsection (2)(a)(ii) or (iii) is:
(i) on a first conviction, guilty of a class B misdemeanor;
(ii) on a second conviction, guilty of a class A misdemeanor; and
(iii) on a third or subsequent conviction, guilty of a third degree felony.
(g) A person is subject to the penalties under Subsection (2)(h) who, in an offense not
amounting to a violation of Section 
76-5-207
:
(i) violates Subsection (2)(a)(i) by knowingly and intentionally having in the person's
body any measurable amount of a controlled substance, except for
11-nor-9-carboxy-tetrahydrocannabinol; and
(ii) (A) if the controlled substance is not marijuana, operates a motor vehicle as defined
in Section 
76-5-207
 in a negligent manner, causing serious bodily injury as defined in Section
[
76-1-601
] 
76-1-101.5
 or the death of another; or
(B) if the controlled substance is marijuana, operates a motor vehicle as defined in
Section 
76-5-207
 in a criminally negligent manner, causing serious bodily injury as defined in
Section [
76-1-601
] 
76-1-101.5
 or the death of another.
(h) A person who violates Subsection (2)(g) by having in the person's body:
(i) a controlled substance classified under Schedule I, other than those described in
Subsection (2)(h)(ii), or a controlled substance classified under Schedule II is guilty of a second
degree felony;
(ii) except as provided in Subsection (2)(g)(ii)(B), marijuana, tetrahydrocannabinols, or
equivalents described in Subsection 
58-37-4
(2)(a)(iii)(S) or (AA), or a substance listed in
Section 
58-37-4.2
 is guilty of a third degree felony; or
(iii) a controlled substance classified under Schedules III, IV, or V is guilty of a class A
misdemeanor.
(i) A person is guilty of a separate offense for each victim suffering serious bodily
injury or death as a result of the person's negligent driving in violation of Subsection(2)(g)
whether or not the injuries arise from the same episode of driving.
(j) The Administrative Office of the Courts shall report to the Division of Occupational
and Professional Licensing the name, case number, date of conviction, and if known, the date
of birth of each person convicted of violating Subsection (2)(a). 
(3) Prohibited acts C -- Penalties:
(a) It is unlawful for a person knowingly and intentionally:
(i) to use in the course of the manufacture or distribution of a controlled substance a
license number which is fictitious, revoked, suspended, or issued to another person or, for the
purpose of obtaining a controlled substance, to assume the title of, or represent oneself to be, a
manufacturer, wholesaler, apothecary, physician, dentist, veterinarian, or other authorized
person;
(ii) to acquire or obtain possession of, to procure or attempt to procure the
administration of, to obtain a prescription for, to prescribe or dispense to a person known to be
attempting to acquire or obtain possession of, or to procure the administration of a controlled
substance by misrepresentation or failure by the person to disclose receiving a controlled
substance from another source, fraud, forgery, deception, subterfuge, alteration of a
prescription or written order for a controlled substance, or the use of a false name or address;
(iii) to make a false or forged prescription or written order for a controlled substance,
or to utter the same, or to alter a prescription or written order issued or written under the terms
of this chapter; or
(iv) to make, distribute, or possess a punch, die, plate, stone, or other thing designed to
print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or
device of another or any likeness of any of the foregoing upon any drug or container or labeling
so as to render a drug a counterfeit controlled substance.
(b) (i) A first or second conviction under Subsection (3)(a)(i), (ii), or (iii) is a class A
misdemeanor.
(ii) A third or subsequent conviction under Subsection (3)(a)(i), (ii), or (iii) is a third
degree felony.
(c) A violation of Subsection (3)(a)(iv) is a third degree felony.
(4) Prohibited acts D -- Penalties:
(a) Notwithstanding other provisions of this section, a person not authorized under this
chapter who commits any act that is unlawful under Subsection (1)(a) or Section 
58-37b-4
 is
upon conviction subject to the penalties and classifications under this Subsection (4) if the trier
of fact finds the act is committed:
(i) in a public or private elementary or secondary school or on the grounds of any of
those schools during the hours of 6 a.m. through 10 p.m.;
(ii) in a public or private vocational school or postsecondary institution or on the
grounds of any of those schools or institutions during the hours of 6 a.m. through 10 p.m.;
(iii) in or on the grounds of a preschool or child-care facility during the preschool's or
facility's hours of operation;
(iv) in a public park, amusement park, arcade, or recreation center when the public or
amusement park, arcade, or recreation center is open to the public;
(v) in or on the grounds of a house of worship as defined in Section 
76-10-501
;
(vi) in or on the grounds of a library when the library is open to the public;
(vii) within an area that is within 100 feet of any structure, facility, or grounds included
in Subsections (4)(a)(i), (ii), (iii), (iv), (v), and (vi);
(viii) in the presence of a person younger than 18 years [
of age
] 
old
, regardless of
where the act occurs; or
(ix) for the purpose of facilitating, arranging, or causing the transport, delivery, or
distribution of a substance in violation of this section to an inmate or on the grounds of a
correctional facility as defined in Section 
76-8-311.3
.
(b) (i) A person convicted under this Subsection (4) is guilty of a first degree felony
and shall be imprisoned for a term of not less than five years if the penalty that would
otherwise have been established but for this Subsection (4) would have been a first degree
felony.
(ii) Imposition or execution of the sentence may not be suspended, and the person is
not eligible for probation.
(c) If the classification that would otherwise have been established would have been
less than a first degree felony but for this Subsection (4), a person convicted under this
Subsection (4) is guilty of one degree more than the maximum penalty prescribed for that
offense. This Subsection (4)(c) does not apply to a violation of Subsection (2)(g).
(d) (i) If the violation is of Subsection (4)(a)(ix):
(A) the person may be sentenced to imprisonment for an indeterminate term as
provided by law, and the court shall additionally sentence the person convicted for a term of
one year to run consecutively and not concurrently; and
(B) the court may additionally sentence the person convicted for an indeterminate term
not to exceed five years to run consecutively and not concurrently; and
(ii) the penalties under this Subsection (4)(d) apply also to a person who, acting with
the mental state required for the commission of an offense, directly or indirectly solicits,
requests, commands, coerces, encourages, or intentionally aids another person to commit a
violation of Subsection (4)(a)(ix).
(e) It is not a defense to a prosecution under this Subsection (4) that:
(i) the actor mistakenly believed the individual to be 18 years old or older at the time of
the offense or was unaware of the individual's true age; or
(ii) the actor mistakenly believed that the location where the act occurred was not as
described in Subsection (4)(a) or was unaware that the location where the act occurred was as
described in Subsection (4)(a).
(5) A violation of this chapter for which no penalty is specified is a class B
misdemeanor.
(6) (a) For purposes of penalty enhancement under Subsections (1) and (2), a plea of
guilty or no contest to a violation or attempted violation of this section or a plea which is held
in abeyance under Title 77, Chapter 2a, Pleas in Abeyance, is the equivalent of a conviction,
even if the charge has been subsequently reduced or dismissed in accordance with the plea in
abeyance agreement.
(b) A prior conviction used for a penalty enhancement under Subsection (2) shall be a
conviction that is:
(i) from a separate criminal episode than the current charge; and
(ii) from a conviction that is separate from any other conviction used to enhance the
current charge.
(7) A person may be charged and sentenced for a violation of this section,
notwithstanding a charge and sentence for a violation of any other section of this chapter.
(8) (a) A penalty imposed for violation of this section is in addition to, and not in lieu
of, a civil or administrative penalty or sanction authorized by law.
(b) When a violation of this chapter violates a federal law or the law of another state,
conviction or acquittal under federal law or the law of another state for the same act is a bar to
prosecution in this state.
(9) In any prosecution for a violation of this chapter, evidence or proof that shows a
person or persons produced, manufactured, possessed, distributed, or dispensed a controlled
substance or substances, is prima facie evidence that the person or persons did so with
knowledge of the character of the substance or substances.
(10) This section does not prohibit a veterinarian, in good faith and in the course of the
veterinarian's professional practice only and not for humans, from prescribing, dispensing, or
administering controlled substances or from causing the substances to be administered by an
assistant or orderly under the veterinarian's direction and supervision.
(11) Civil or criminal liability may not be imposed under this section on:
(a) a person registered under this chapter who manufactures, distributes, or possesses
an imitation controlled substance for use as a placebo or investigational new drug by a
registered practitioner in the ordinary course of professional practice or research; or
(b) a law enforcement officer acting in the course and legitimate scope of the officer's
employment.
(12) (a) Civil or criminal liability may not be imposed under this section on any Indian,
as defined in Section 
58-37-2
, who uses, possesses, or transports peyote for bona fide
traditional ceremonial purposes in connection with the practice of a traditional Indian religion
as defined in Section 
58-37-2
.
(b) In a prosecution alleging violation of this section regarding peyote as defined in
Section 
58-37-4
, it is an affirmative defense that the peyote was used, possessed, or transported
by an Indian for bona fide traditional ceremonial purposes in connection with the practice of a
traditional Indian religion.
(c) (i) The defendant shall provide written notice of intent to claim an affirmative
defense under this Subsection (12) as soon as practicable, but not later than 10 days before
trial.
(ii) The notice shall include the specific claims of the affirmative defense.
(iii) The court may waive the notice requirement in the interest of justice for good
cause shown, if the prosecutor is not unfairly prejudiced by the lack of timely notice.
(d) The defendant shall establish the affirmative defense under this Subsection (12) by
a preponderance of the evidence. If the defense is established, it is a complete defense to the
charges.
(13) (a) It is an affirmative defense that the person produced, possessed, or
administered a controlled substance listed in Section 
58-37-4.2
 if the person was:
(i) engaged in medical research; and
(ii) a holder of a valid license to possess controlled substances under Section 
58-37-6
.
(b) It is not a defense under Subsection (13)(a) that the person prescribed or dispensed
a controlled substance listed in Section 
58-37-4.2
.
(14) It is an affirmative defense that the person possessed, in the person's body, a
controlled substance listed in Section 
58-37-4.2
 if:
(a) the person was the subject of medical research conducted by a holder of a valid
license to possess controlled substances under Section 
58-37-6
; and
(b) the substance was administered to the person by the medical researcher.
(15) The application of any increase in penalty under this section to a violation of
Subsection (2)(a)(i) may not result in any greater penalty than a second degree felony. This
Subsection (15) takes precedence over any conflicting provision of this section.
(16) (a) It is an affirmative defense to an allegation of the commission of an offense
listed in Subsection (16)(b) that the person or bystander:
(i) reasonably believes that the person or another person is experiencing an overdose
event due to the ingestion, injection, inhalation, or other introduction into the human body of a
controlled substance or other substance;
(ii) reports, or assists a person who reports, in good faith the overdose event to a
medical provider, an emergency medical service provider as defined in Section 
26-8a-102
, a
law enforcement officer, a 911 emergency call system, or an emergency dispatch system, or the
person is the subject of a report made under this Subsection (16);
(iii) provides in the report under Subsection (16)(a)(ii) a functional description of the
actual location of the overdose event that facilitates responding to the person experiencing the
overdose event;
(iv) remains at the location of the person experiencing the overdose event until a
responding law enforcement officer or emergency medical service provider arrives, or remains
at the medical care facility where the person experiencing an overdose event is located until a
responding law enforcement officer arrives;
(v) cooperates with the responding medical provider, emergency medical service
provider, and law enforcement officer, including providing information regarding the person
experiencing the overdose event and any substances the person may have injected, inhaled, or
otherwise introduced into the person's body; and
(vi) is alleged to have committed the offense in the same course of events from which
the reported overdose arose.
(b) The offenses referred to in Subsection (16)(a) are:
(i) the possession or use of less than 16 ounces of marijuana;
(ii) the possession or use of a scheduled or listed controlled substance other than
marijuana; and
(iii) any violation of Chapter 37a, Utah Drug Paraphernalia Act, or Chapter 37b,
Imitation Controlled Substances Act.
(c) As used in this Subsection (16) and in Section 
76-3-203.11
, "good faith" does not
include seeking medical assistance under this section during the course of a law enforcement
agency's execution of a search warrant, execution of an arrest warrant, or other lawful search.
(17) If any provision of this chapter, or the application of any provision to any person
or circumstances, is held invalid, the remainder of this chapter shall be given effect without the
invalid provision or application.
(18) A legislative body of a political subdivision may not enact an ordinance that is
less restrictive than any provision of this chapter.
(19) If a minor who is under 18 years old is found by a court to have violated this
section, the court may order the minor to complete:
(a) a screening as defined in Section 
41-6a-501
;
(b) an assessment as defined in Section 
41-6a-501
 if the screening indicates an
assessment to be appropriate; and
(c) an educational series as defined in Section 
41-6a-501
 or substance use disorder
treatment as indicated by an assessment.
Section 32. Section 
62A-2-120
 is amended to read:
62A-2-120.
Background check -- Direct access to children or vulnerable adults.
(1) As used in this section:
(a) (i) "Applicant" means:
(A) the same as that term is defined in Section 
62A-2-101
;
(B) an individual who is associated with a licensee and has or will likely have direct
access to a child or a vulnerable adult;
(C) an individual who provides respite care to a foster parent or an adoptive parent on
more than one occasion;
(D) a department contractor;
(E) a guardian submitting an application on behalf of an individual, other than the child
or vulnerable adult who is receiving the service, if the individual is 12 years old or older and
resides in a home, that is licensed or certified by the office, with the child or vulnerable adult
who is receiving services; or
(F) a guardian submitting an application on behalf of an individual, other than the child
or vulnerable adult who is receiving the service, if the individual is 12 years old or older and is
a person described in Subsection (1)(a)(i)(A), (B), (C), or (D).
(ii) "Applicant" does not mean an individual, including an adult, who is in the custody
of the Division of Child and Family Services or the Division of Juvenile Justice Services.
(b) "Application" means a background screening application to the office.
(c) "Bureau" means the Bureau of Criminal Identification within the Department of
Public Safety, created in Section 
53-10-201
.
(d) "Incidental care" means occasional care, not in excess of five hours per week and
never overnight, for a foster child. 
(e) "Personal identifying information" means:
(i) current name, former names, nicknames, and aliases;
(ii) date of birth;
(iii) physical address and email address;
(iv) telephone number;
(v) driver license or other government-issued identification;
(vi) social security number;
(vii) only for applicants who are 18 years old or older, fingerprints, in a form specified
by the office; and
(viii) other information specified by the office by rule made in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act.
(2) (a) Except as provided in Subsection (13), an applicant or a representative shall
submit the following to the office:
(i) personal identifying information;
(ii) a fee established by the office under Section 
63J-1-504
; and
(iii) a disclosure form, specified by the office, for consent for:
(A) an initial background check upon submission of the information described under
this Subsection (2)(a);
(B) ongoing monitoring of fingerprints and registries until no longer associated with a
licensee for 90 days;
(C) a background check when the office determines that reasonable cause exists; and
(D) retention of personal identifying information, including fingerprints, for
monitoring and notification as described in Subsections (3)(d) and (4).
(b) In addition to the requirements described in Subsection (2)(a), if an applicant
resided outside of the United States and its territories during the five years immediately
preceding the day on which the information described in Subsection (2)(a) is submitted to the
office, the office may require the applicant to submit documentation establishing whether the
applicant was convicted of a crime during the time that the applicant resided outside of the
United States or its territories.
(3) The office:
(a) shall perform the following duties as part of a background check of an applicant:
(i) check state and regional criminal background databases for the applicant's criminal
history by:
(A) submitting personal identifying information to the bureau for a search; or
(B) using the applicant's personal identifying information to search state and regional
criminal background databases as authorized under Section 
53-10-108
;
(ii) submit the applicant's personal identifying information and fingerprints to the
bureau for a criminal history search of applicable national criminal background databases;
(iii) search the Department of Human Services, Division of Child and Family Services'
Licensing Information System described in Section 
62A-4a-1006
;
(iv) search the Department of Human Services, Division of Aging and Adult Services'
vulnerable adult abuse, neglect, or exploitation database described in Section 
62A-3-311.1
;
(v) search the juvenile court records for substantiated findings of severe child abuse or
neglect described in Section 
80-3-404
; and
(vi) search the juvenile court arrest, adjudication, and disposition records, as provided
under Section 
78A-6-209
;
(b) shall conduct a background check of an applicant for an initial background check
upon submission of the information described under Subsection (2)(a);
(c) may conduct all or portions of a background check of an applicant, as provided by
rule, made by the office in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act:
(i) for an annual renewal; or
(ii) when the office determines that reasonable cause exists;
(d) may submit an applicant's personal identifying information, including fingerprints,
to the bureau for checking, retaining, and monitoring of state and national criminal background
databases and for notifying the office of new criminal activity associated with the applicant;
(e) shall track the status of an approved applicant under this section to ensure that an
approved applicant is not required to duplicate the submission of the applicant's fingerprints if
the applicant applies for:
(i) more than one license;
(ii) direct access to a child or a vulnerable adult in more than one human services
program; or
(iii) direct access to a child or a vulnerable adult under a contract with the department;
(f) shall track the status of each license and each individual with direct access to a child
or a vulnerable adult and notify the bureau within 90 days after the day on which the license
expires or the individual's direct access to a child or a vulnerable adult ceases;
(g) shall adopt measures to strictly limit access to personal identifying information
solely to the individuals responsible for processing and entering the applications for
background checks and to protect the security of the personal identifying information the office
reviews under this Subsection (3);
(h) as necessary to comply with the federal requirement to check a state's child abuse
and neglect registry regarding any individual working in a congregate care program, shall:
(i) search the Department of Human Services, Division of Child and Family Services'
Licensing Information System described in Section 
62A-4a-1006
; and
(ii) require the child abuse and neglect registry be checked in each state where an
applicant resided at any time during the five years immediately preceding the day on which the
applicant submits the information described in Subsection (2)(a) to the office; and
(i) shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, to implement the provisions of this Subsection (3) relating to background
checks.
(4) (a) With the personal identifying information the office submits to the bureau under
Subsection (3), the bureau shall check against state and regional criminal background databases
for the applicant's criminal history.
(b) With the personal identifying information and fingerprints the office submits to the
bureau under Subsection (3), the bureau shall check against national criminal background
databases for the applicant's criminal history.
(c) Upon direction from the office, and with the personal identifying information and
fingerprints the office submits to the bureau under Subsection (3)(d), the bureau shall:
(i) maintain a separate file of the fingerprints for search by future submissions to the
local and regional criminal records databases, including latent prints; and
(ii) monitor state and regional criminal background databases and identify criminal
activity associated with the applicant.
(d) The bureau is authorized to submit the fingerprints to the Federal Bureau of
Investigation Next Generation Identification System, to be retained in the Federal Bureau of
Investigation Next Generation Identification System for the purpose of:
(i) being searched by future submissions to the national criminal records databases,
including the Federal Bureau of Investigation Next Generation Identification System and latent
prints; and
(ii) monitoring national criminal background databases and identifying criminal
activity associated with the applicant.
(e) The Bureau shall notify and release to the office all information of criminal activity
associated with the applicant.
(f) Upon notice from the office that a license has expired or an individual's direct
access to a child or a vulnerable adult has ceased for 90 days, the bureau shall:
(i) discard and destroy any retained fingerprints; and
(ii) notify the Federal Bureau of Investigation when the license has expired or an
individual's direct access to a child or a vulnerable adult has ceased, so that the Federal Bureau
of Investigation will discard and destroy the retained fingerprints from the Federal Bureau of
Investigation Next Generation Identification System.
(5) (a) After conducting the background check described in Subsections (3) and (4), the
office shall deny an application to an applicant who, within three years before the day on which
the applicant submits information to the office under Subsection (2) for a background check,
has been convicted of any of the following, regardless of whether the offense is a felony, a
misdemeanor, or an infraction:
(i) an offense identified as domestic violence, lewdness, voyeurism, battery, cruelty to
animals, or bestiality;
(ii) a violation of any pornography law, including sexual exploitation of a minor;
(iii) prostitution;
(iv) an offense included in:
(A) Title 76, Chapter 5, Offenses Against the [
Person
] 
Individual
;
(B) Section 
76-5b-201
, Sexual Exploitation of a Minor; or
(C) Title 76, Chapter 7, Offenses Against the Family;
(v) aggravated arson, as described in Section 
76-6-103
;
(vi) aggravated burglary, as described in Section 
76-6-203
;
(vii) aggravated robbery, as described in Section 
76-6-302
;
(viii) identity fraud crime, as described in Section 
76-6-1102
; or
(ix) a felony or misdemeanor offense committed outside of the state that, if committed
in the state, would constitute a violation of an offense described in Subsections (5)(a)(i)
through (viii).
(b) If the office denies an application to an applicant based on a conviction described in
Subsection (5)(a), the applicant is not entitled to a comprehensive review described in
Subsection (6).
(c) If the applicant will be working in a program serving only adults whose only
impairment is a mental health diagnosis, including that of a serious mental health disorder,
with or without co-occurring substance use disorder, the denial provisions of Subsection (5)(a)
do not apply, and the office shall conduct a comprehensive review as described in Subsection
(6).
(6) (a) The office shall conduct a comprehensive review of an applicant's background
check if the applicant:
(i) has an open court case or a conviction for any felony offense, not described in
Subsection (5)(a), with a date of conviction that is no more than 10 years before the date on
which the applicant submits the application;
(ii) has an open court case or a conviction for a misdemeanor offense, not described in
Subsection (5)(a), and designated by the office, by rule, in accordance with Title 63G, Chapter
3, Utah Administrative Rulemaking Act, if the conviction is within three years before the day
on which the applicant submits information to the office under Subsection (2) for a background
check;
(iii) has a conviction for any offense described in Subsection (5)(a) that occurred more
than three years before the day on which the applicant submitted information under Subsection
(2)(a);
(iv) is currently subject to a plea in abeyance or diversion agreement for any offense
described in Subsection (5)(a);
(v) has a listing in the Department of Human Services, Division of Child and Family
Services' Licensing Information System described in Section 
62A-4a-1006
;
(vi) has a listing in the Department of Human Services, Division of Aging and Adult
Services' vulnerable adult abuse, neglect, or exploitation database described in Section
62A-3-311.1
;
(vii) has a record in the juvenile court of a substantiated finding of severe child abuse
or neglect described in Section 
80-3-404
;
(viii) has a record of an adjudication in juvenile court for an act that, if committed by
an adult, would be a felony or misdemeanor, if the applicant is:
(A) under 28 years old; or
(B) 28 years old or older and has been convicted of, has pleaded no contest to, or is
currently subject to a plea in abeyance or diversion agreement for a felony or a misdemeanor
offense described in Subsection (5)(a);
(ix) has a pending charge for an offense described in Subsection (5)(a); or
(x) is an applicant described in Subsection (5)(c).
(b) The comprehensive review described in Subsection (6)(a) shall include an
examination of:
(i) the date of the offense or incident;
(ii) the nature and seriousness of the offense or incident;
(iii) the circumstances under which the offense or incident occurred;
(iv) the age of the perpetrator when the offense or incident occurred;
(v) whether the offense or incident was an isolated or repeated incident;
(vi) whether the offense or incident directly relates to abuse of a child or vulnerable
adult, including:
(A) actual or threatened, nonaccidental physical, mental, or financial harm;
(B) sexual abuse;
(C) sexual exploitation; or
(D) negligent treatment;
(vii) any evidence provided by the applicant of rehabilitation, counseling, psychiatric
treatment received, or additional academic or vocational schooling completed;
(viii) the applicant's risk of harm to clientele in the program or in the capacity for
which the applicant is applying; and
(ix) any other pertinent information presented to or publicly available to the committee
members.
(c) At the conclusion of the comprehensive review described in Subsection (6)(a), the
office shall deny an application to an applicant if the office finds that approval would likely
create a risk of harm to a child or a vulnerable adult.
(d) At the conclusion of the comprehensive review described in Subsection (6)(a), the
office may not deny an application to an applicant solely because the applicant was convicted
of an offense that occurred 10 or more years before the day on which the applicant submitted
the information required under Subsection (2)(a) if:
(i) the applicant has not committed another misdemeanor or felony offense after the
day on which the conviction occurred; and
(ii) the applicant has never been convicted of an offense described in Subsection
(14)(c).
(e) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
office may make rules, consistent with this chapter, to establish procedures for the
comprehensive review described in this Subsection (6).
(7) Subject to Subsection (10), the office shall approve an application to an applicant
who is not denied under Subsection (5), (6), or (14).
(8) (a) The office may conditionally approve an application of an applicant, for a
maximum of 60 days after the day on which the office sends written notice to the applicant
under Subsection (12), without requiring that the applicant be directly supervised, if the office:
(i) is awaiting the results of the criminal history search of national criminal background
databases; and
(ii) would otherwise approve an application of the applicant under Subsection (7).
(b) The office may conditionally approve an application of an applicant, for a
maximum of one year after the day on which the office sends written notice to the applicant
under Subsection (12), without requiring that the applicant be directly supervised if the office:
(i) is awaiting the results of an out-of-state registry for providers other than foster and
adoptive parents; and
(ii) would otherwise approve an application of the applicant under Subsection (7).
(c) Upon receiving the results of the criminal history search of a national criminal
background database, the office shall approve or deny the application of the applicant in
accordance with Subsections (5) through (7).
(9) A licensee or department contractor may not permit an individual to have direct
access to a child or a vulnerable adult unless, subject to Subsection (10):
(a) the individual is associated with the licensee or department contractor and:
(i) the individual's application is approved by the office under this section;
(ii) the individual's application is conditionally approved by the office under
Subsection (8); or
(iii) (A) the individual has submitted the background check information described in
Subsection (2) to the office;
(B) the office has not determined whether to approve the applicant's application; and
(C) the individual is directly supervised by an individual who has a current background
screening approval issued by the office under this section and is associated with the licensee or
department contractor;
(b) (i) the individual is associated with the licensee or department contractor;
(ii) the individual has a current background screening approval issued by the office
under this section;
(iii) one of the following circumstances, that the office has not yet reviewed under
Subsection (6), applies to the individual:
(A) the individual was charged with an offense described in Subsection (5)(a);
(B) the individual is listed in the Licensing Information System, described in Section
62A-4a-1006
;
(C) the individual is listed in the vulnerable adult abuse, neglect, or exploitation
database, described in Section 
62A-3-311.1
;
(D) the individual has a record in the juvenile court of a substantiated finding of severe
child abuse or neglect, described in Section 
80-3-404
; or
(E) the individual has a record of an adjudication in juvenile court for an act that, if
committed by an adult, would be a felony or a misdemeanor as described in Subsection (5)(a)
or (6); and
(iv) the individual is directly supervised by an individual who:
(A) has a current background screening approval issued by the office under this
section; and
(B) is associated with the licensee or department contractor;
(c) the individual:
(i) is not associated with the licensee or department contractor; and
(ii) is directly supervised by an individual who:
(A) has a current background screening approval issued by the office under this
section; and
(B) is associated with the licensee or department contractor;
(d) the individual is the parent or guardian of the child, or the guardian of the
vulnerable adult;
(e) the individual is approved by the parent or guardian of the child, or the guardian of
the vulnerable adult, to have direct access to the child or the vulnerable adult;
(f) the individual is only permitted to have direct access to a vulnerable adult who
voluntarily invites the individual to visit; or
(g) the individual only provides incidental care for a foster child on behalf of a foster
parent who has used reasonable and prudent judgment to select the individual to provide the
incidental care for the foster child. 
(10) An individual may not have direct access to a child or a vulnerable adult if the
individual is prohibited by court order from having that access.
(11) Notwithstanding any other provision of this section, an individual for whom the
office denies an application may not have direct access to a child or vulnerable adult unless the
office approves a subsequent application by the individual.
(12) (a) Within 30 days after the day on which the office receives the background
check information for an applicant, the office shall give notice of the clearance status to:
(i) the applicant, and the licensee or department contractor, of the office's decision
regarding the background check and findings; and
(ii) the applicant of any convictions and potentially disqualifying charges and
adjudications found in the search.
(b) With the notice described in Subsection (12)(a), the office shall also give the
applicant the details of any comprehensive review conducted under Subsection (6).
(c) If the notice under Subsection (12)(a) states that the applicant's application is
denied, the notice shall further advise the applicant that the applicant may, under Subsection
62A-2-111
(2), request a hearing in the department's Office of Administrative Hearings, to
challenge the office's decision.
(d) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
office shall make rules, consistent with this chapter:
(i) defining procedures for the challenge of the office's background check decision
described in Subsection (12)(c); and
(ii) expediting the process for renewal of a license under the requirements of this
section and other applicable sections.
(13) An individual or a department contractor who provides services in an adults only
substance use disorder program, as defined by rule, is exempt from this section. This
exemption does not extend to a program director or a member, as defined by Section
62A-2-108
, of the program. 
(14) (a) Except as provided in Subsection (14)(b), in addition to the other requirements
of this section, if the background check of an applicant is being conducted for the purpose of
giving clearance status to an applicant seeking a position in a congregate care program, an
applicant for a one-time adoption, an applicant seeking to provide a prospective foster home, or
an applicant seeking to provide a prospective adoptive home, the office shall:
(i) check the child abuse and neglect registry in each state where each applicant resided
in the five years immediately preceding the day on which the applicant applied to be a foster
parent or adoptive parent, to determine whether the prospective foster parent or prospective
adoptive parent is listed in the registry as having a substantiated or supported finding of child
abuse or neglect; and
(ii) check the child abuse and neglect registry in each state where each adult living in
the home of the applicant described in Subsection (14)(a)(i) resided in the five years
immediately preceding the day on which the applicant applied to be a foster parent or adoptive
parent, to determine whether the adult is listed in the registry as having a substantiated or
supported finding of child abuse or neglect.
(b) The requirements described in Subsection (14)(a) do not apply to the extent that:
(i) federal law or rule permits otherwise; or
(ii) the requirements would prohibit the Division of Child and Family Services or a
court from placing a child with:
(A) a noncustodial parent under Section 
62A-4a-209
, 
80-3-302
, or 
80-3-303
; or
(B) a relative, other than a noncustodial parent, under Section 
62A-4a-209
, 
80-3-302
,
or 
80-3-303
, pending completion of the background check described in Subsection (5).
(c) Notwithstanding Subsections (5) through (9), the office shall deny a clearance to an
applicant seeking a position in a congregate care program, an applicant for a one-time adoption,
an applicant to become a prospective foster parent, or an applicant to become a prospective
adoptive parent if the applicant has been convicted of:
(i) a felony involving conduct that constitutes any of the following:
(A) child abuse, as described in [
Section 
76-5-109
] 
Sections 
76-5-109
, 
76-5-109.2
, and
76-5-109.3
;
(B) commission of domestic violence in the presence of a child, as described in Section
[
76-5-109.1
] 
76-5-114
;
(C) abuse or neglect of a child with a disability, as described in Section 
76-5-110
;
(D) endangerment of a child or vulnerable adult, as described in Section 
76-5-112.5
;
(E) aggravated murder, as described in Section 
76-5-202
;
(F) murder, as described in Section 
76-5-203
;
(G) manslaughter, as described in Section 
76-5-205
;
(H) child abuse homicide, as described in Section 
76-5-208
;
(I) homicide by assault, as described in Section 
76-5-209
;
(J) kidnapping, as described in Section 
76-5-301
;
(K) child kidnapping, as described in Section 
76-5-301.1
;
(L) aggravated kidnapping, as described in Section 
76-5-302
;
(M) human trafficking of a child, as described in Section 
76-5-308.5
;
(N) an offense described in Title 76, Chapter 5, Part 4, Sexual Offenses;
(O) sexual exploitation of a minor, as described in Section 
76-5b-201
;
(P) aggravated arson, as described in Section 
76-6-103
;
(Q) aggravated burglary, as described in Section 
76-6-203
;
(R) aggravated robbery, as described in Section 
76-6-302
; or
(S) domestic violence, as described in Section 
77-36-1
; or
(ii) an offense committed outside the state that, if committed in the state, would
constitute a violation of an offense described in Subsection (14)(c)(i).
(d) Notwithstanding Subsections (5) through (9), the office shall deny a license or
license renewal to a prospective foster parent or a prospective adoptive parent if, within the
five years immediately preceding the day on which the individual's application or license would
otherwise be approved, the applicant was convicted of a felony involving conduct that
constitutes a violation of any of the following:
(i) aggravated assault, as described in Section 
76-5-103
;
(ii) aggravated assault by a prisoner, as described in Section 
76-5-103.5
;
(iii) mayhem, as described in Section 
76-5-105
;
(iv) an offense described in Title 58, Chapter 37, Utah Controlled Substances Act;
(v) an offense described in Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
(vi) an offense described in Title 58, Chapter 37b, Imitation Controlled Substances
Act;
(vii) an offense described in Title 58, Chapter 37c, Utah Controlled Substance
Precursor Act; or
(viii) an offense described in Title 58, Chapter 37d, Clandestine Drug Lab Act.
(e) In addition to the circumstances described in Subsection (6)(a), the office shall
conduct the comprehensive review of an applicant's background check pursuant to this section
if the registry check described in Subsection (14)(a) indicates that the individual is listed in a
child abuse and neglect registry of another state as having a substantiated or supported finding
of a severe type of child abuse or neglect as defined in Section 
62A-4a-1002
.
Section 33. Section 
62A-3-301
 is amended to read:
62A-3-301.
Definitions.
As used in this part:
(1) "Abandonment" means any knowing or intentional action or failure to act,
including desertion, by a person acting as a caretaker for a vulnerable adult that leaves the
vulnerable adult without the means or ability to obtain necessary food, clothing, shelter, or
medical or other health care.
(2) "Abuse" means:
(a) knowingly or intentionally:
(i) attempting to cause harm;
(ii) causing harm; or
(iii) placing another in fear of harm;
(b) unreasonable or inappropriate use of physical restraint, medication, or isolation that
causes or is likely to cause harm to a vulnerable adult;
(c) emotional or psychological abuse;
(d) a sexual offense as described in Title 76, Chapter 5, Offenses Against the [
Person
]
Individual
; or
(e) deprivation of life sustaining treatment, or medical or mental health treatment,
except:
(i) as provided in Title 75, Chapter 2a, Advance Health Care Directive Act; or
(ii) when informed consent, as defined in Section 
76-5-111
, has been obtained.
(3) "Adult" means an individual who is 18 years [
of age
] 
old
 or older.
(4) "Adult protection case file" means a record, stored in any format, contained in a
case file maintained by Adult Protective Services.
(5) "Adult Protective Services" means the unit within the division responsible to
investigate abuse, neglect, and exploitation of vulnerable adults and provide appropriate
protective services.
(6) "Capacity to consent" means the ability of an individual to understand and
communicate regarding the nature and consequences of decisions relating to the individual, and
relating to the individual's property and lifestyle, including a decision to accept or refuse
services.
(7) "Caretaker" means a person or public institution that is entrusted with or assumes
the responsibility to provide a vulnerable adult with care, food, shelter, clothing, supervision,
medical or other health care, resource management, or other necessities for pecuniary gain, by
contract, or as a result of friendship, or who is otherwise in a position of trust and confidence
with a vulnerable adult, including a relative, a household member, an attorney-in-fact, a
neighbor, a person who is employed or who provides volunteer work, a court-appointed or
voluntary guardian, or a person who contracts or is under court order to provide care.
(8) "Counsel" means an attorney licensed to practice law in this state.
(9) "Database" means the statewide database maintained by the division under Section
62A-3-311.1
.
(10) (a) "Dependent adult" means an individual 18 years old or older, who has a
physical or mental impairment that restricts the individual's ability to carry out normal
activities or to protect the individual's rights.
(b) "Dependent adult" includes an individual who has physical or developmental
disabilities or whose physical or mental capacity has substantially diminished because of age.
(11) "Elder abuse" means abuse, neglect, or exploitation of an elder adult.
(12) "Elder adult" means an individual 65 years old or older.
(13) "Emergency" means a circumstance in which a vulnerable adult is at an immediate
risk of death, serious physical injury, or serious physical, emotional, or financial harm.
(14) "Emergency protective services" means measures taken by Adult Protective
Services under time-limited, court-ordered authority for the purpose of remediating an
emergency.
(15) (a) "Emotional or psychological abuse" means knowing or intentional verbal or
nonverbal conduct directed at a vulnerable adult that results in the vulnerable adult suffering
mental anguish, emotional distress, fear, humiliation, degradation, agitation, or confusion.
(b) "Emotional or psychological abuse" includes intimidating, threatening, isolating,
coercing, or harassing.
(c) "Emotional or psychological abuse" does not include verbal or non-verbal conduct
by a vulnerable adult who lacks the capacity to intentionally or knowingly:
(i) engage in the conduct; or
(ii) cause mental anguish, emotional distress, fear, humiliation, degradation, agitation,
or confusion.
(16) "Exploitation" means an offense described in [
Subsection 
76-5-111
(4) or (9) or
]
Section 
76-5-111.3
, 
76-5-111.4
, or
76-5b-202
.
(17) "Harm" means pain, mental anguish, emotional distress, hurt, physical or
psychological damage, physical injury, serious physical injury, suffering, or distress inflicted
knowingly or intentionally.
(18) "Inconclusive" means a finding by the division that there is not a reasonable basis
to conclude that abuse, neglect, or exploitation occurred.
(19) "Intimidation" means communication through verbal or nonverbal conduct which
threatens deprivation of money, food, clothing, medicine, shelter, social interaction,
supervision, health care, or companionship, or which threatens isolation or abuse.
(20) (a) "Isolation" means knowingly or intentionally preventing a vulnerable adult
from having contact with another person, unless the restriction of personal rights is authorized
by court order, by:
(i) preventing the vulnerable adult from communicating, visiting, interacting, or
initiating interaction with others, including receiving or inviting visitors, mail, or telephone
calls, contrary to the expressed wishes of the vulnerable adult, or communicating to a visitor
that the vulnerable adult is not present or does not want to meet with or talk to the visitor,
knowing that communication to be false;
(ii) physically restraining the vulnerable adult in order to prevent the vulnerable adult
from meeting with a visitor; or
(iii) making false or misleading statements to the vulnerable adult in order to induce
the vulnerable adult to refuse to receive communication from visitors or other family members.
(b) "Isolation" does not include an act:
(i) intended in good faith to protect the physical or mental welfare of the vulnerable
adult; or
(ii) performed pursuant to the treatment plan or instructions of a physician or other
professional advisor of the vulnerable adult.
(21) "Lacks capacity to consent" is as defined in Section [
76-5-111
] 
76-5-111.4
.
(22) (a) "Neglect" means:
(i) (A) failure of a caretaker to provide necessary care, including nutrition, clothing,
shelter, supervision, personal care, or dental, medical, or other health care for a vulnerable
adult, unless the vulnerable adult is able to provide or obtain the necessary care without
assistance; or
(B) failure of a caretaker to provide protection from health and safety hazards or
maltreatment;
(ii) failure of a caretaker to provide care to a vulnerable adult in a timely manner and
with the degree of care that a reasonable person in a like position would exercise;
(iii) a pattern of conduct by a caretaker, without the vulnerable adult's informed
consent, resulting in deprivation of food, water, medication, health care, shelter, cooling,
heating, or other services necessary to maintain the vulnerable adult's well being;
(iv) knowing or intentional failure by a caretaker to carry out a prescribed treatment
plan that causes or is likely to cause harm to the vulnerable adult;
(v) self-neglect by the vulnerable adult; or
(vi) abandonment by a caretaker.
(b) "Neglect" does not include conduct, or failure to take action, that is permitted or
excused under Title 75, Chapter 2a, Advance Health Care Directive Act.
(23) "Physical injury" includes the damage and conditions described in Section
76-5-111
.
(24) "Protected person" means a vulnerable adult for whom the court has ordered
protective services.
(25) "Protective services" means services to protect a vulnerable adult from abuse,
neglect, or exploitation.
(26) "Self-neglect" means the failure of a vulnerable adult to provide or obtain food,
water, medication, health care, shelter, cooling, heating, safety, or other services necessary to
maintain the vulnerable adult's well being when that failure is the result of the adult's mental or
physical impairment. Choice of lifestyle or living arrangements may not, by themselves, be
evidence of self-neglect.
(27) "Serious physical injury" is as defined in Section 
76-5-111
.
(28) "Supported" means a finding by the division that there is a reasonable basis to
conclude that abuse, neglect, or exploitation occurred.
(29) "Undue influence" occurs when a person:
(a) uses influence to take advantage of a vulnerable adult's mental or physical
impairment; or
(b) uses the person's role, relationship, or power:
(i) to exploit, or knowingly assist or cause another to exploit, the trust, dependency, or
fear of a vulnerable adult; or
(ii) to gain control deceptively over the decision making of the vulnerable adult.
(30) "Vulnerable adult" means an elder adult, or a dependent adult who has a mental or
physical impairment which substantially affects that person's ability to:
(a) provide personal protection;
(b) provide necessities such as food, shelter, clothing, or mental or other health care;
(c) obtain services necessary for health, safety, or welfare;
(d) carry out the activities of daily living;
(e) manage the adult's own financial resources; or
(f) comprehend the nature and consequences of remaining in a situation of abuse,
neglect, or exploitation.
(31) "Without merit" means a finding that abuse, neglect, or exploitation did not occur.
Section 34. Section 
62A-4a-105
 is amended to read:
62A-4a-105.
Division responsibilities.
(1) The division shall:
(a) administer services to minors and families, including:
(i) child welfare services;
(ii) domestic violence services; and
(iii) all other responsibilities that the Legislature or the executive director may assign
to the division;
(b) provide the following services:
(i) financial and other assistance to an individual adopting a child with special needs
under Part 9, Adoption Assistance, not to exceed the amount the division would provide for the
child as a legal ward of the state;
(ii) non-custodial and in-home services, including:
(A) services designed to prevent family break-up; and
(B) family preservation services;
(iii) reunification services to families whose children are in substitute care in
accordance with the requirements of this chapter and Title 80, Chapter 3, Abuse, Neglect, and
Dependency Proceedings;
(iv) protective supervision of a family, upon court order, in an effort to eliminate abuse
or neglect of a child in that family;
(v) shelter care in accordance with the requirements of this chapter and Title 80,
Chapter 3, Abuse, Neglect, and Dependency Proceedings;
(vi) domestic violence services, in accordance with the requirements of federal law;
(vii) protective services to victims of domestic violence, as defined in Section 
77-36-1
,
and their children, in accordance with the provisions of this chapter and Title 80, Chapter 3,
Abuse, Neglect, and Dependency Proceedings;
(viii) substitute care for dependent, abused, and neglected children;
(ix) services for minors who are victims of human trafficking or human smuggling as
described in Sections 
76-5-308
 through [
76-5-310
] 
76-5-310.1
 or who have engaged in
prostitution or sexual solicitation as defined in Sections 
76-10-1302
 and 
76-10-1313
; and
(x) training for staff and providers involved in the administration and delivery of
services offered by the division in accordance with this chapter;
(c) establish standards for all:
(i) contract providers of out-of-home care for minors and families;
(ii) facilities that provide substitute care for dependent, abused, and neglected children
placed in the custody of the division; and
(iii) direct or contract providers of domestic violence services described in Subsection
(1)(b)(vi);
(d) have authority to:
(i) contract with a private, nonprofit organization to recruit and train foster care
families and child welfare volunteers in accordance with Section 
62A-4a-107.5
; and
(ii) approve facilities that meet the standards established under Subsection (1)(c) to
provide substitute care for dependent, abused, and neglected children placed in the custody of
the division;
(e) cooperate with the federal government in the administration of child welfare and
domestic violence programs and other human service activities assigned by the department;
(f) if there is a privacy agreement with an Indian tribe to protect the confidentiality of
division records to the same extent that the division is required to protect division records,
cooperate with and share all appropriate information in the division's possession regarding an
Indian child, the Indian child's parent or guardian, or a proposed placement for the Indian child
with the Indian tribe that is affiliated with the Indian child;
(g) in accordance with Subsection (2)(a), promote and enforce state and federal laws
enacted for the protection of abused, neglected, and dependent children, in accordance with the
requirements of this chapter, unless administration is expressly vested in another division or
department of the state;
(h) cooperate with the Workforce Development Division within the Department of
Workforce Services in meeting the social and economic needs of an individual who is eligible
for public assistance;
(i) compile relevant information, statistics, and reports on child and family service
matters in the state;
(j) prepare and submit to the department, the governor, and the Legislature reports of
the operation and administration of the division in accordance with the requirements of
Sections 
62A-4a-117
 and 
62A-4a-118
;
(k) within appropriations from the Legislature, provide or contract for a variety of
domestic violence services and treatment methods;
(l) ensure regular, periodic publication, including electronic publication, regarding the
number of children in the custody of the division who:
(i) have a permanency goal of adoption; or
(ii) have a final plan of termination of parental rights, pursuant to Section 
80-3-409
,
and promote adoption of those children;
(m) subject to Subsections (2)(b) and (5), refer an individual receiving services from
the division to the local substance abuse authority or other private or public resource for a
court-ordered drug screening test;
(n) report before November 30, 2020, and every third year thereafter, to the Social
Services Appropriations Subcommittee regarding:
(i) the daily reimbursement rate that is provided to licensed foster parents based on
level of care;
(ii) the amount of money spent on daily reimbursements for licensed foster parents in
the state during the previous fiscal year; and
(iii) any recommended changes to the division's budget to support the daily
reimbursement rates described in Subsection (1)(n)(i); and
(o) perform other duties and functions required by law.
(2) (a) In carrying out the requirements of Subsection (1)(g), the division shall:
(i) cooperate with the juvenile courts, the Division of Juvenile Justice Services, and
with all public and private licensed child welfare agencies and institutions to develop and
administer a broad range of services and support;
(ii) take the initiative in all matters involving the protection of abused or neglected
children, if adequate provisions have not been made or are not likely to be made; and
(iii) make expenditures necessary for the care and protection of the children described
in this Subsection (2)(a), within the division's budget.
(b) When an individual is referred to a local substance abuse authority or other private
or public resource for court-ordered drug screening under Subsection (1)(m), the court shall
order the individual to pay all costs of the tests unless:
(i) the cost of the drug screening is specifically funded or provided for by other federal
or state programs;
(ii) the individual is a participant in a drug court; or
(iii) the court finds that the individual is impecunious.
(3) Except to the extent provided by rule, the division is not responsible for
investigating domestic violence in the presence of a child, as described in Section [
76-5-109.1
]
76-5-114
.
(4) The division may not require a parent who has a child in the custody of the division
to pay for some or all of the cost of any drug testing the parent is required to undergo.
(5) The division may not refer an individual who is receiving services from the division
for drug testing by means of a hair or fingernail test that is administered to detect the presence
of drugs.
Section 35. Section 
62A-4a-412
 is amended to read:
62A-4a-412.
Reports, information, and referrals confidential.
(1) Except as otherwise provided in this chapter, reports made under this part, as well
as any other information in the possession of the division obtained as the result of a report are
private, protected, or controlled records under Title 63G, Chapter 2, Government Records
Access and Management Act, and may only be made available to:
(a) a police or law enforcement agency investigating a report of known or suspected
abuse or neglect, including members of a child protection team;
(b) a physician who reasonably believes that a child may be the subject of abuse or
neglect;
(c) an agency that has responsibility or authority to care for, treat, or supervise a minor
who is the subject of a report;
(d) a contract provider that has a written contract with the division to render services to
a minor who is the subject of a report;
(e) a subject of the report, the natural parents of the child, and the guardian ad litem;
(f) a court, upon a finding that access to the records may be necessary for the
determination of an issue before the court, provided that in a divorce, custody, or related
proceeding between private parties, the record alone is:
(i) limited to objective or undisputed facts that were verified at the time of the
investigation; and
(ii) devoid of conclusions drawn by the division or any of the division's workers on the
ultimate issue of whether or not an individual's acts or omissions constituted any level of abuse
or neglect of another individual;
(g) an office of the public prosecutor or its deputies in performing an official duty;
(h) a person authorized by a Children's Justice Center, for the purposes described in
Section 
67-5b-102
;
(i) a person engaged in bona fide research, when approved by the director of the
division, if the information does not include names and addresses;
(j) the State Board of Education, acting on behalf of itself or on behalf of a local
education agency, as defined in Section 
63J-5-102
, for the purpose of evaluating whether an
individual should be permitted to obtain or retain a license as an educator or serve as an
employee or volunteer in a school, limited to information with substantiated or supported
findings involving an alleged sexual offense, an alleged felony or class A misdemeanor drug
offense, or any alleged offense against the person under Title 76, Chapter 5, Offenses Against
the [
Person
] 
Individual
, and with the understanding that the office must provide the subject of a
report received under Subsection (1)(k) with an opportunity to respond to the report before
making a decision concerning licensure or employment;
(k) any individual identified in the report as a perpetrator or possible perpetrator of
abuse or neglect, after being advised of the screening prohibition in Subsection (2);
(l) a person filing a petition for a child protective order on behalf of a child who is the
subject of the report;
(m) a licensed child-placing agency or person who is performing a preplacement
adoptive evaluation in accordance with the requirements of Sections 
78B-6-128
 and
78B-6-130
;
(n) an Indian tribe to:
(i) certify or license a foster home;
(ii) render services to a subject of a report; or
(iii) investigate an allegation of abuse, neglect, or dependency; or
(o) the Division of Substance Abuse and Mental Health, the Department of Health, or a
local substance abuse authority, described in Section 
17-43-201
, for the purpose of providing
substance abuse treatment to a pregnant woman or a parent of a newborn child, or the services
described in Subsection 
62A-15-103
(2)(o).
(2) (a) A person, unless listed in Subsection (1), may not request another person to
obtain or release a report or any other information in the possession of the division obtained as
a result of the report that is available under Subsection (1)(k) to screen for potential
perpetrators of abuse or neglect.
(b) A person who requests information knowing that the request is a violation of
Subsection (2)(a) is subject to the criminal penalty in Subsection (4).
(3) (a) Except as provided in Section 
62A-4a-1007
, the division and law enforcement
officials shall ensure the anonymity of the person or persons making the initial report and any
others involved in the division's or law enforcement officials' subsequent investigation.
(b) Notwithstanding any other provision of law, excluding Section 
80-3-107
, but
including this chapter and Title 63G, Chapter 2, Government Records Access and Management
Act, when the division makes a report or other information in the division's possession
available under Subsection (1)(e) to a subject of the report or a parent of a child, the division
shall remove from the report or other information only the names, addresses, and telephone
numbers of individuals or specific information that could:
(i) identify the referent;
(ii) impede a criminal investigation; or
(iii) endanger an individual's safety.
(4) Any person who willfully permits, or aides and abets the release of data or
information obtained as a result of this part, in the possession of the division or contained on
any part of the Management Information System, in violation of this part or Sections
62A-4a-1003
 through 
62A-4a-1007
, is guilty of a class C misdemeanor.
(5) (a) As used in this Subsection (5), "physician" means an individual licensed to
practice as a physician or osteopath in this state under Title 58, Chapter 67, Utah Medical
Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act.
(b) The physician-patient privilege does not:
(i) excuse a physician from reporting suspected abuse, neglect, fetal alcohol syndrome,
or fetal drug dependency under this part; and
(ii) constitute grounds for excluding evidence regarding a child's injuries, or the cause
of the child's injuries, in any judicial or administrative proceeding resulting from a report under
this part.
(6) A child-placing agency or person who receives a report in connection with a
preplacement adoptive evaluation under Sections 
78B-6-128
 and 
78B-6-130
:
(a) may provide this report to the person who is the subject of the report; and
(b) may provide this report to a person who is performing a preplacement adoptive
evaluation in accordance with the requirement of Sections 
78B-6-128
 and 
78B-6-130
, or to a
licensed child-placing agency or to an attorney seeking to facilitate an adoption.
(7) A member of a child protection team may, before the day on which the child is
removed, share case-specific information obtained from the division under this section with
other members of the child protection team.
(8) (a) Except as provided in Subsection (8)(b), in a divorce, custody, or related
proceeding between private parties, a court may not receive into evidence a report that:
(i) is provided to the court:
(A) under Subsection (1)(f); or
(B) by a parent of the child after the record is made available to the parent under
Subsection (1)(e);
(ii) describes a parent of the child as the alleged perpetrator; and
(iii) is found to be unsubstantiated, unsupported, or without merit.
(b) (i) After a motion to admit the report described in Subsection (8)(a) is made, the
court shall allow sufficient time for all subjects of the record to respond before making a
finding on the motion.
(ii) After considering the motion described in Subsection (8)(b), the court may receive
the report into evidence upon a finding on the record of good cause.
Section 36. Section 
63G-12-102
 is amended to read:
63G-12-102.
Definitions.
As used in this chapter:
(1) "Basic health insurance plan" means a health plan that is actuarially equivalent to a
federally qualified high deductible health plan.
(2) "Department" means the Department of Public Safety created in Section 
53-1-103
.
(3) "Employee" means an individual employed by an employer under a contract for
hire.
(4) "Employer" means a person who has one or more employees employed in the same
business, or in or about the same establishment, under any contract of hire, express or implied,
oral or written.
(5) "E-verify program" means the electronic verification of the work authorization
program of the Illegal Immigration Reform and Immigration Responsibility Act of 1996, 8
U.S.C. Sec. 1324a, known as the e-verify program.
(6) "Family member" means for an undocumented individual:
(a) a member of the undocumented individual's immediate family;
(b) the undocumented individual's grandparent;
(c) the undocumented individual's sibling;
(d) the undocumented individual's grandchild;
(e) the undocumented individual's nephew;
(f) the undocumented individual's niece;
(g) a spouse of an individual described in this Subsection (6); or
(h) an individual who is similar to one listed in this Subsection (6).
(7) "Federal SAVE program" means the Systematic Alien Verification for Entitlements
Program operated by the United States Department of Homeland Security or an equivalent
program designated by the Department of Homeland Security.
(8) "Guest worker" means an undocumented individual who holds a guest worker
permit.
(9) "Guest worker permit" means a permit issued in accordance with Section
63G-12-207
 to an undocumented individual who meets the eligibility criteria of Section
63G-12-205
.
(10) "Immediate family" means for an undocumented individual:
(a) the undocumented individual's spouse; or
(b) a child of the undocumented individual if the child is:
(i) under 21 years [
of age
] 
old
; and
(ii) unmarried.
(11) "Immediate family permit" means a permit issued in accordance with Section
63G-12-207
 to an undocumented individual who meets the eligibility criteria of Section
63G-12-206
.
(12) "Permit" means a permit issued under Part 2, Guest Worker Program, and
includes:
(a) a guest worker permit; and
(b) an immediate family permit.
(13) "Permit holder" means an undocumented individual who holds a permit.
(14) "Private employer" means an employer who is not the federal government or a
public employer.
(15) "Program" means the Guest Worker Program described in Section 
63G-12-201
.
(16) "Program start date" means the day on which the department is required to
implement the program under Subsection 
63G-12-202
(3).
(17) "Public employer" means an employer that is:
(a) the state of Utah or any administrative subunit of the state;
(b) a state institution of higher education, as defined in Section 
53B-3-102
;
(c) a political subdivision of the state including a county, city, town, school district,
local district, or special service district; or
(d) an administrative subunit of a political subdivision.
(18) "Relevant contact information" means the following for an undocumented
individual:
(a) the undocumented individual's name;
(b) the undocumented individual's residential address;
(c) the undocumented individual's residential telephone number;
(d) the undocumented individual's personal email address;
(e) the name of the person with whom the undocumented individual has a contract for
hire;
(f) the name of the contact person for the person listed in Subsection (18)(e);
(g) the address of the person listed in Subsection (18)(e);
(h) the telephone number for the person listed in Subsection (18)(e);
(i) the names of the undocumented individual's immediate family members;
(j) the names of the family members who reside with the undocumented individual;
and
(k) any other information required by the department by rule made in accordance with
Chapter 3, Utah Administrative Rulemaking Act.
(19) "Restricted account" means the Immigration Act Restricted Account created in
Section 
63G-12-103
.
(20) "Serious felony" means a felony under:
(a) Title 76, Chapter 5, Offenses Against the [
Person
] 
Individual
;
(b) Title 76, Chapter 5b, Sexual Exploitation Act;
(c) Title 76, Chapter 6, Offenses Against Property;
(d) Title 76, Chapter 7, Offenses Against the Family;
(e) Title 76, Chapter 8, Offenses Against the Administration of Government;
(f) Title 76, Chapter 9, Offenses Against Public Order and Decency; and
(g) Title 76, Chapter 10, Offenses Against Public Health, Safety, Welfare, and Morals.
(21) (a) "Status verification system" means an electronic system operated by the federal
government, through which an authorized official of a state agency or a political subdivision of
the state may inquire by exercise of authority delegated pursuant to 8 U.S.C. Sec. 1373, to
verify the citizenship or immigration status of an individual within the jurisdiction of the
agency or political subdivision for a purpose authorized under this section.
(b) "Status verification system" includes:
(i) the e-verify program;
(ii) an equivalent federal program designated by the United States Department of
Homeland Security or other federal agency authorized to verify the work eligibility status of a
newly hired employee pursuant to the Immigration Reform and Control Act of 1986;
(iii) the Social Security Number Verification Service or similar online verification
process implemented by the United States Social Security Administration; or
(iv) an independent third-party system with an equal or higher degree of reliability as
the programs, systems, or processes described in Subsection (21)(b)(i), (ii), or (iii).
(22) "Unauthorized alien" is as defined in 8 U.S.C. Sec. 1324a(h)(3).
(23) "Undocumented individual" means an individual who:
(a) lives or works in the state; and
(b) is not in compliance with the Immigration and Nationality Act, 8 U.S.C. Sec. 1101
et seq. with regard to presence in the United States.
(24) "U-verify program" means the verification procedure developed by the department
in accordance with Section 
63G-12-210
.
Section 37. Section 
63M-7-502
 is amended to read:
63M-7-502.
Definitions.
As used in this part:
(1) "Accomplice" means an individual who has engaged in criminal conduct as
described in Section 
76-2-202
.
(2) "Board" means the Crime Victim Reparations and Assistance Board created under
Section 
63M-7-504
.
(3) "Bodily injury" means physical pain, illness, or any impairment of physical
condition.
(4) "Claimant" means any of the following claiming reparations under this part:
(a) a victim;
(b) a dependent of a deceased victim; or
(c) an individual or representative who files a reparations claim on behalf of a victim.
(5) "Child" means an unemancipated individual who is under 18 years old.
(6) "Collateral source" means any source of benefits or advantages for economic loss
otherwise reparable under this part that the victim or claimant has received, or that is readily
available to the victim from:
(a) the offender;
(b) the insurance of the offender or the victim;
(c) the United States government or any of its agencies, a state or any of its political
subdivisions, or an instrumentality of two or more states, except in the case on nonobligatory
state-funded programs;
(d) social security, Medicare, and Medicaid;
(e) state-required temporary nonoccupational income replacement insurance or
disability income insurance;
(f) workers' compensation;
(g) wage continuation programs of any employer;
(h) proceeds of a contract of insurance payable to the victim for the loss the victim
sustained because of the criminally injurious conduct;
(i) a contract providing prepaid hospital and other health care services or benefits for
disability; or
(j) veteran's benefits, including veteran's hospitalization benefits.
(7) (a) "Criminally injurious conduct" other than acts of war declared or not declared
means conduct that:
(i) is or would be subject to prosecution in this state under Section 
76-1-201
;
(ii) occurs or is attempted;
(iii) causes, or poses a substantial threat of causing, bodily injury or death;
(iv) is punishable by fine, imprisonment, or death if the individual engaging in the
conduct possessed the capacity to commit the conduct; and
(v) does not arise out of the ownership, maintenance, or use of a motor vehicle,
aircraft, or water craft, unless the conduct is intended to cause bodily injury or death, or is
conduct which is or would be punishable under Title 76, Chapter 5, Offenses Against the
[
Person
] 
Individual
, or as any offense chargeable as driving under the influence of alcohol or
drugs.
(b) "Criminally injurious conduct" includes an act of terrorism, as defined in 18 U.S.C.
Sec. 2331 committed outside of the United States against a resident of this state. "Terrorism"
does not include an "act of war" as defined in 18 U.S.C. Sec. 2331.
(c) "Criminally injurious conduct" includes a felony violation of Section 
76-7-101
 and
other conduct leading to the psychological injury of an individual resulting from living in a
setting that involves a bigamous relationship.
(8) (a) "Dependent" means a natural person to whom the victim is wholly or partially
legally responsible for care or support.
(b) "Dependent" includes a child of the victim born after the victim's death.
(9) "Dependent's economic loss" means loss after the victim's death of contributions of
things of economic value to the victim's dependent, not including services the dependent would
have received from the victim if the victim had not suffered the fatal injury, less expenses of
the dependent avoided by reason of victim's death.
(10) "Dependent's replacement services loss" means loss reasonably and necessarily
incurred by the dependent after the victim's death in obtaining services in lieu of those the
decedent would have performed for the victim's benefit if the victim had not suffered the fatal
injury, less expenses of the dependent avoided by reason of the victim's death and not
subtracted in calculating the dependent's economic loss.
(11) "Director" means the director of the office.
(12) "Disposition" means the sentencing or determination of penalty or punishment to
be imposed upon an individual:
(a) convicted of a crime;
(b) found delinquent; or
(c) against whom a finding of sufficient facts for conviction or finding of delinquency
is made.
(13) (a) "Economic loss" means economic detriment consisting only of allowable
expense, work loss, replacement services loss, and if injury causes death, dependent's economic
loss and dependent's replacement service loss.
(b) "Economic loss" includes economic detriment even if caused by pain and suffering
or physical impairment.
(c) "Economic loss" does not include noneconomic detriment.
(14) "Elderly victim" means an individual 60 years old or older who is a victim.
(15) "Fraudulent claim" means a filed reparations based on material misrepresentation
of fact and intended to deceive the reparations staff for the purpose of obtaining reparation
funds for which the claimant is not eligible.
(16) "Fund" means the Crime Victim Reparations Fund created in Section 
63M-7-526
.
(17) "Law enforcement officer" means the same as that term is defined in Section
53-13-103
.
(18) (a) "Medical examination" means a physical examination necessary to document
criminally injurious conduct.
(b) "Medical examination" does not include mental health evaluations for the
prosecution and investigation of a crime.
(19) "Mental health counseling" means outpatient and inpatient counseling necessitated
as a result of criminally injurious conduct, is subject to rules made by the board in accordance
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(20) "Misconduct" means conduct by the victim that was attributable to the injury or
death of the victim as provided by rules made by the board in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act.
(21) "Noneconomic detriment" means pain, suffering, inconvenience, physical
impairment, and other nonpecuniary damage, except as provided in this part.
(22) "Pecuniary loss" does not include loss attributable to pain and suffering except as
otherwise provided in this part.
(23) "Offender" means an individual who has violated Title 76, Utah Criminal Code,
through criminally injurious conduct regardless of whether the individual is arrested,
prosecuted, or convicted.
(24) "Offense" means a violation of Title 76, Utah Criminal Code.
(25) "Office" means the director, the reparations and assistance officers, and any other
staff employed for the purpose of carrying out the provisions of this part.
(26) "Perpetrator" means the individual who actually participated in the criminally
injurious conduct.
(27) "Reparations award" means money or other benefits provided to a claimant or to
another on behalf of a claimant after the day on which a reparations claim is approved by the
office.
(28) "Reparations claim" means a claimant's request or application made to the office
for a reparations award.
(29) (a) "Reparations officer" means an individual employed by the office to
investigate claims of victims and award reparations under this part.
(b) "Reparations officer" includes the director when the director is acting as a
reparations officer.
(30) "Replacement service loss" means expenses reasonably and necessarily incurred in
obtaining ordinary and necessary services in lieu of those the injured individual would have
performed, not for income but the benefit of the injured individual or the injured individual's
dependents if the injured individual had not been injured.
(31) (a) "Representative" means the victim, immediate family member, legal guardian,
attorney, conservator, executor, or an heir of an individual.
(b) "Representative" does not include a service provider or collateral source.
(32) "Restitution" means the same as that term is defined in Section 
77-38b-102
.
(33) "Secondary victim" means an individual who is traumatically affected by the
criminally injurious conduct subject to rules made by the board in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act.
(34) "Service provider" means an individual or agency who provides a service to a
victim for a monetary fee, except attorneys as provided in Section 
63M-7-524
.
(35) "Serious bodily injury" means the same as that term is defined in Section
[
76-1-601
] 
76-1-101.5
.
(36) "Substantial bodily injury" means the same as that term is defined in Section
[
76-1-601
] 
76-1-101.5
.
(37) (a) "Victim" means an individual who suffers bodily or psychological injury or
death as a direct result of:
(i) criminally injurious conduct; or
(ii) the production of pornography in violation of Section 
76-5b-201
 if the individual is
a minor.
(b) "Victim" does not include an individual who participated in or observed the judicial
proceedings against an offender unless otherwise provided by statute or rule made in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(c) "Victim" includes a resident of this state who is injured or killed by an act of
terrorism, as defined in 18 U.S.C. Sec. 2331, committed outside of the United States.
(38) "Work loss" means loss of income from work the injured victim would have
performed if the injured victim had not been injured and expenses reasonably incurred by the
injured victim in obtaining services in lieu of those the injured victim would have performed
for income, reduced by any income from substitute work the injured victim was capable of
performing but unreasonably failed to undertake.
Section 38. Section 
63M-7-513
 is amended to read:
63M-7-513.
Collateral sources.
(1) (a) An order for restitution may not be considered readily available as a collateral
source.
(b) Receipt of a reparations award under this part is considered an assignment of the
victim's rights to restitution from the offender.
(2) (a) The victim may not discharge a claim against an individual or entity without the
office's written permission.
(b) The victim shall fully cooperate with the office in pursuing the office's right of
reimbursement, including providing the office with any evidence in the victim's possession.
(3) The office's right of reimbursement applies regardless of whether the victim is fully
compensated for the victim's losses.
(4) Notwithstanding Subsection 
63M-7-512
(1)(a), a victim of a sexual offense who
requests testing of the victim's self may be reimbursed for the costs of the HIV test only as
provided in Subsection [
76-5-503
] 
53-10-803
(4).
Section 39. Section 
63N-10-102
 is amended to read:
63N-10-102.
Definitions.
As used in this chapter:
(1) "Bodily injury" has the same meaning as defined in Section [
76-1-601
] 
76-1-101.5
.
(2) "Boxing" means the sport of attack and defense using the fist, which is covered by
an approved boxing glove.
(3) (a) "Club fighting" means any contest of unarmed combat, whether admission is
charged or not, where:
(i) the rules of the contest are not approved by the commission;
(ii) a licensed physician, osteopath, or physician assistant approved by the commission
is not in attendance;
(iii) a correct HIV negative test regarding each contestant has not been provided to the
commission;
(iv) the contest is not conducted in accordance with commission rules; or
(v) the contestants are not matched by the weight standards established in accordance
with Section 
63N-10-316
.
(b) "Club fighting" does not include sparring if:
(i) it is conducted for training purposes;
(ii) no tickets are sold to spectators;
(iii) no concessions are available for spectators;
(iv) protective clothing, including protective headgear, a mouthguard, and a protective
cup, is worn; and
(v) for boxing, 16 ounce boxing gloves are worn.
(4) "Commission" means the Pete Suazo Utah Athletic Commission created by this
chapter.
(5) "Contest" means a live match, performance, or exhibition involving two or more
persons engaged in unarmed combat.
(6) "Contestant" means an individual who participates in a contest.
(7) "Designated commission member" means a member of the commission designated
to:
(a) attend and supervise a particular contest; and
(b) act on the behalf of the commission at a contest venue.
(8) "Director" means the director appointed by the commission.
(9) "Elimination unarmed combat contest" means a contest where:
(a) a number of contestants participate in a tournament;
(b) the duration is not more than 48 hours; and
(c) the loser of each contest is eliminated from further competition.
(10) "Exhibition" means an engagement in which the participants show or display their
skills without necessarily striving to win.
(11) "Judge" means an individual qualified by training or experience to:
(a) rate the performance of contestants;
(b) score a contest; and
(c) determine with other judges whether there is a winner of the contest or whether the
contestants performed equally, resulting in a draw.
(12) "Licensee" means an individual licensed by the commission to act as a:
(a) contestant;
(b) judge;
(c) manager;
(d) promoter;
(e) referee;
(f) second; or
(g) other official established by the commission by rule.
(13) "Manager" means an individual who represents a contestant for the purpose of:
(a) obtaining a contest for a contestant;
(b) negotiating terms and conditions of the contract under which the contestant will
engage in a contest; or
(c) arranging for a second for the contestant at a contest.
(14) "Promoter" means a person who engages in producing or staging contests and
promotions.
(15) "Promotion" means a single contest or a combination of contests that:
(a) occur during the same time and at the same location; and
(b) is produced or staged by a promoter.
(16) "Purse" means any money, prize, remuneration, or any other valuable
consideration a contestant receives or may receive for participation in a contest.
(17) "Referee" means an individual qualified by training or experience to act as the
official attending a contest at the point of contact between contestants for the purpose of:
(a) enforcing the rules relating to the contest;
(b) stopping the contest in the event the health, safety, and welfare of a contestant or
any other person in attendance at the contest is in jeopardy; and
(c) acting as a judge if so designated by the commission.
(18) "Round" means one of a number of individual time periods that, taken together,
constitute a contest during which contestants are engaged in a form of unarmed combat.
(19) "Second" means an individual who attends a contestant at the site of the contest
before, during, and after the contest in accordance with contest rules.
(20) "Serious bodily injury" has the same meaning as defined in Section [
76-1-601
]
76-1-101.5
.
(21) "Total gross receipts" means the amount of the face value of all tickets sold to a
particular contest plus any sums received as consideration for holding the contest at a particular
location.
(22) "Ultimate fighting" means a live contest, whether or not an admission fee is
charged, in which:
(a) contest rules permit contestants to use a combination of boxing, kicking, wrestling,
hitting, punching, or other combative contact techniques;
(b) contest rules incorporate a formalized system of combative techniques against
which a contestant's performance is judged to determine the prevailing contestant;
(c) contest rules divide nonchampionship contests into three equal and specified rounds
of no more than five minutes per round with a rest period of one minute between each round;
(d) contest rules divide championship contests into five equal and specified rounds of
no more than five minutes per round with a rest period of one minute between each round; and
(e) contest rules prohibit contestants from:
(i) using anything that is not part of the human body, except for boxing gloves, to
intentionally inflict serious bodily injury upon an opponent through direct contact or the
expulsion of a projectile;
(ii) striking a person who demonstrates an inability to protect himself from the
advances of an opponent;
(iii) biting; or
(iv) direct, intentional, and forceful strikes to the eyes, groin area, Adam's apple area of
the neck, and the rear area of the head and neck.
(23) (a) "Unarmed combat" means boxing or any other form of competition in which a
blow is usually struck which may reasonably be expected to inflict bodily injury.
(b) "Unarmed combat" does not include a competition or exhibition between
participants in which the participants engage in simulated combat for entertainment purposes.
(24) "Unlawful conduct" means organizing, promoting, or participating in a contest
which involves contestants that are not licensed under this chapter.
(25) "Unprofessional conduct" means:
(a) entering into a contract for a contest in bad faith;
(b) participating in any sham or fake contest;
(c) participating in a contest pursuant to a collusive understanding or agreement in
which the contestant competes in or terminates the contest in a manner that is not based upon
honest competition or the honest exhibition of the skill of the contestant;
(d) engaging in an act or conduct that is detrimental to a contest, including any foul or
unsportsmanlike conduct in connection with a contest;
(e) failing to comply with any limitation, restriction, or condition placed on a license;
(f) striking of a downed opponent by a contestant while the contestant remains on the
contestant's feet, unless the designated commission member or director has exempted the
contest and each contestant from the prohibition on striking a downed opponent before the start
of the contest;
(g) after entering the ring or contest area, penetrating an area within four feet of an
opponent by a contestant, manager, or second before the commencement of the contest; or
(h) as further defined by rules made by the commission under Title 63G, Chapter 3,
Utah Administrative Rulemaking Act.
(26) "White-collar contest" means a contest conducted at a training facility where no
alcohol is served in which:
(a) for boxing:
(i) neither contestant is or has been a licensed contestant in any state or an amateur
registered with USA Boxing, Inc.;
(ii) no cash prize, or other prize valued at greater than $35, is awarded;
(iii) protective clothing, including protective headgear, a mouthguard, a protective cup,
and for a female contestant a chestguard, is worn;
(iv) 16 ounce boxing gloves are worn;
(v) the contest is no longer than three rounds of no longer than three minutes each;
(vi) no winner or loser is declared or recorded; and
(vii) the contestants do not compete in a cage; and
(b) for ultimate fighting:
(i) neither contestant is or has been a licensed contestant in any state or an amateur
registered with USA Boxing, Inc.;
(ii) no cash prize, or other prize valued at greater than $35, is awarded;
(iii) protective clothing, including a protective mouthguard and a protective cup, is
worn;
(iv) downward elbow strikes are not allowed;
(v) a contestant is not allowed to stand and strike a downed opponent;
(vi) a closed-hand blow to the head is not allowed while either contestant is on the
ground;
(vii) the contest is no longer than three rounds of no longer than three minutes each;
and
(viii) no winner or loser is declared or recorded.
Section 40. Section 
75-2-803
 is amended to read:
75-2-803.
Definitions -- Effect of homicide on intestate succession, wills, trusts,
joint assets, life insurance, and beneficiary designations -- Forfeiture -- Revocation.
(1) As used in this section:
(a) "Disposition or appointment of property" includes a transfer of an item of property
or any other benefit to a beneficiary designated in a governing instrument.
(b) "Disqualifying homicide" means a homicide established by a preponderance of the
evidence that meets the elements of any felony homicide offense in Title 76, Chapter 5,
Offenses Against the [
Person
] 
Individual
, except automobile homicide, applying the same
principles of culpability and defenses as in Title 76, Utah Criminal Code, including but not
limited to Chapter 2, Principles of Criminal Responsibility.
(c) "Governing instrument" means a governing instrument executed by the decedent.
(d) "Killer" means a person who commits a disqualifying homicide.
(e) "Revocable," with respect to a disposition, appointment, provision, or nomination,
means one under which the decedent, at the time of or immediately before death, was alone
empowered, by law or under the governing instrument, to cancel the designation, in favor of
the killer, whether or not the decedent was then empowered to designate himself in place of his
killer and whether or not the decedent then had capacity to exercise the power.
(2) An individual who commits a disqualifying homicide of the decedent forfeits all
benefits under this chapter with respect to the decedent's estate, including an intestate share, an
elective share, an omitted spouse's or child's share, a homestead allowance, exempt property,
and a family allowance. If the decedent died intestate, the decedent's intestate estate passes as
if the killer disclaimed his intestate share.
(3) The killing of the decedent by means of a disqualifying homicide:
(a) revokes any revocable:
(i) disposition or appointment of property made by the decedent to the killer in a
governing instrument;
(ii) provision in a governing instrument conferring a general or nongeneral power of
appointment on the killer; and
(iii) nomination of the killer in a governing instrument, nominating or appointing the
killer to serve in any fiduciary or representative capacity, including a personal representative,
executor, trustee, or agent; and
(b) severs the interests of the decedent and killer in property held by them at the time of
the killing as joint tenants with the right of survivorship, transforming the interests of the
decedent and killer into tenancies in common.
(4) A severance under Subsection (3)(b) does not affect any third-party interest in
property acquired for value and in good faith reliance on an apparent title by survivorship in the
killer unless a writing declaring the severance has been noted, registered, filed, or recorded in
records appropriate to the kind and location of the property which are relied upon, in the
ordinary course of transactions involving such property, as evidence of ownership.
(5) Provisions of a governing instrument are given effect as if the killer disclaimed all
provisions revoked by this section or, in the case of a revoked nomination in a fiduciary or
representative capacity, as if the killer predeceased the decedent.
(6) A wrongful acquisition of property or interest by one who kills another under
circumstances not covered by this section shall be treated in accordance with the principle that
one who kills cannot profit from his wrong.
(7) The court, upon the petition of an interested person, shall determine whether, under
the preponderance of evidence standard, the individual has committed a disqualifying homicide
of the decedent. If the court determines that, under that standard, the individual has committed
a disqualifying homicide of the decedent, the determination conclusively establishes that
individual as having committed a disqualifying homicide for purposes of this section, unless
the court finds that the act of disinheritance would create a manifest injustice. A judgment of
criminal conviction for a disqualifying homicide of the decedent, after all direct appeals have
been exhausted, conclusively establishes that the convicted individual has committed the
disqualifying homicide for purposes of this section.
(8) (a) A payor or other third party is not liable for having made a payment or
transferred an item of property or any other benefit to a beneficiary designated in a governing
instrument affected by a disqualifying homicide, or for having taken any other action in good
faith reliance on the validity of the governing instrument, upon request and satisfactory proof of
the decedent's death, before the payor or other third party received written notice of a claimed
forfeiture or revocation under this section. A payor or other third party is liable for a payment
made or other action taken after the payor or other third party received written notice of a
claimed forfeiture or revocation under this section.
(b) Written notice of a claimed forfeiture or revocation under Subsection (8)(a) shall be
mailed to the payor's or other third party's main office or home by registered or certified mail,
return receipt requested, or served upon the payor or other third party in the same manner as a
summons in a civil action. Upon receipt of written notice of a claimed forfeiture or revocation
under this section, a payor or other third party may pay any amount owed or transfer or deposit
any item of property held by it to or with the court having jurisdiction of the probate
proceedings relating to the decedent's estate, or if no proceedings have been commenced, to or
with the court having jurisdiction of probate proceedings relating to the decedent's estates
located in the county of the decedent's residence. The court shall hold the funds or item of
property and, upon its determination under this section, shall order disbursement in accordance
with the determination. Payments, transfers, or deposits made to or with the court discharge
the payor or other third party from all claims for the value of amounts paid to or items of
property transferred to or deposited with the court.
(9) (a) A person who purchases property for value and without notice, or who receives
a payment or other item of property in partial or full satisfaction of a legally enforceable
obligation, is neither obligated under this section to return the payment, item of property, or
benefit nor is liable under this section for the amount of the payment or the value of the item of
property or benefit. But a person who, not for value, receives a payment, item of property, or
any other benefit to which the person is not entitled under this section is obligated to return the
payment, item of property, or benefit, or is personally liable for the amount of the payment or
the value of the item of property or benefit, to the person who is entitled to it under this section.
(b) If this section or any part of this section is preempted by federal law with respect to
a payment, an item of property, or any other benefit covered by this section, a person who, not
for value, receives the payment, item of property, or any other benefit to which the person is
not entitled under this section is obligated to return the payment, item of property, or benefit, or
is personally liable for the amount of the payment or the value of the item of property or
benefit, to the person who would have been entitled to it were this section or part of this section
not preempted.
Section 41. Section 
75-2-807
 is amended to read:
75-2-807.
Effect of disqualifying felony offense on intestate succession, wills,
trusts, joint assets, life insurance, beneficiary designations -- Forfeiture -- Revocation.
(1) As used in this section:
(a) "Abuser" means a person who is convicted of committing a disqualifying felony
offense against a vulnerable adult.
(b) "Dependent adult" means the same as that term is defined in Section 
76-5-111
.
(c) "Disposition or apportionment of property" means a transfer of an item of property
or any other benefit to a beneficiary designated in a governing instrument.
(d) "Disqualifying felony offense" means a felony offense against a vulnerable adult
that meets the elements of:
(i) felony financial exploitation of a vulnerable adult, as described in [
Subsection
76-5-111
(9)
] 
Section 
76-5-111.4
;
(ii) felony aggravated abuse of a vulnerable adult, as described in [
Subsection
76-5-111
(2)
] 
Section 
76-5-111.2
;
(iii) felony abuse of a vulnerable adult based on isolation, as described in Subsection
76-5-111
(3); or
(iv) any felony offense in another state, territory, or district of the United States that, if
committed in Utah, would constitute a felony offense described in this Subsection (1)(d).
(e) "Elder adult" means the same as that term is defined in Section 
76-5-111
.
(f) "Governing instrument" means a governing instrument executed by a vulnerable
adult.
(g) "Vulnerable adult" means the same as that term is defined in Section 
76-5-111
.
(2) (a) An abuser who is convicted of a disqualifying felony offense against a
vulnerable adult forfeits any benefit under this chapter with respect to the vulnerable adult's
estate:
(i) that the vulnerable adult made to the abuser in a governing instrument; or
(ii) according to intestate succession, as described in Title 75, Chapter 2, Intestate
Succession and Wills.
(b) The abuser described in Subsection (2)(a):
(i) may not inherit, take, enjoy, receive, or otherwise benefit from the estate of the
vulnerable adult described in Subsection (2)(a), including by any:
(A) intestate share;
(B) elective share;
(C) omitted spouse's or child's share;
(D) homestead allowance;
(E) exempt property;
(F) family allowance;
(G) banknote or other form of physical currency;
(H) deposit account;
(I) interest-bearing account;
(J) contents of a safe deposit box;
(K) investment;
(L) retirement benefit or account;
(M) pension;
(N) annuity; or
(O) insurance proceed; and
(ii) is considered to have predeceased the vulnerable adult with respect to any intestate
property or governing instrument belonging to the vulnerable adult.
(3) Conviction of a disqualifying felony offense against a vulnerable adult:
(a) revokes any revocable:
(i) disposition or apportionment of property that the vulnerable adult made to the
abuser in a governing instrument;
(ii) provision in a governing instrument conferring a general or nongeneral power of
appointment on the abuser; and
(iii) nomination of the abuser in a governing instrument nominating or appointing the
abuser to serve in any fiduciary or representative capacity, including a personal representative,
representative payee, executor, trustee, or agent; and
(b) (i) severs any interest in property held by the abuser and the vulnerable adult as
joint tenants with the right of survivorship; and
(ii) transforms the interests described in Subsection (3)(b)(i) to a tenancy in common.
(4) A wrongful acquisition of property or interest by an abuser under circumstances not
covered by this section shall be treated in accordance with the principle that one cannot profit
from one's own wrongdoing.
(5) Revocation by the court of an abuser's interest in the property of the vulnerable
adult and of an abuser's powers and appointments in the estate of the vulnerable adult as
established by any governing instrument is final.
(6) Conviction of a disqualifying felony offense against a vulnerable adult:
(a) prevents any revocable interest or share an abuser has or may have in the estate of
the vulnerable adult, under Subsection (2), from vesting into a right of property upon the death
of the vulnerable adult; and
(b) is the triggering event for action under this section.
(7) As a consequence of bringing an action under this section, a court may not reduce
or eliminate the rights, interest, or share in the estate of a vulnerable adult belonging to any
interested person who:
(a) petitions the court under this section; and
(b) retains a property or other interest in the estate of a vulnerable adult, either as an
heir, devisee, legatee, beneficiary, survivor, appointee, or claimant, notwithstanding any
no-contest provision which appears in any governing instrument of the vulnerable adult.
(8) (a) A payor or other third party is not liable for having made a payment or
transferred an item of property or any other benefit to a beneficiary designated in a governing
instrument that a disqualifying felony offense affects, or for having taken any other action in
good faith reliance on the validity of the governing instrument, upon request and satisfactory
proof of the decedent's death, before the payor or other third party received written notice of a
claimed forfeiture or revocation under this section.
(b) A payor or other third party is liable for a payment made or other action taken after
the payor or other third party received written notice of a claimed forfeiture or revocation under
this section.
(c) (i) An individual seeking enforcement of this section shall mail a written notice of a
claimed forfeiture or revocation to the payor's or other third party's main office or home by
registered or certified mail, return receipt requested, or served upon the payor or other third
party in the same manner as a summons in a civil action.
(ii) Upon receipt of a written notice of a claimed forfeiture or revocation described in
Subsection (8)(c)(i), a payor or other third party may pay any amount owed or transfer or
deposit any item of property the payor or third party holds to or with:
(A) the court having jurisdiction of the probate proceedings relating to the vulnerable
adult's estate; or
(B) if the individual who gave notice has not brought an action under this section, to or
with the court having jurisdiction of probate proceedings relating to the decedent's estate
located in the county of the decedent's residence.
(d) A court described in Subsection (8)(c)(ii) shall:
(i) hold the funds or item of property; and
(ii) upon the court's determination under this section, order disbursement in accordance
with the determination.
(e) A payor's or third party's payment, transfer, or deposit made to or with the court
discharges the payor or third party from all claims for the value of the paid amounts or
transferred or deposited items of property.
(9) (a) A person who purchases property for value and without notice, or who receives
a payment or other item of property in partial or full satisfaction of a legally enforceable
obligation:
(i) may retain the payment, item of property, or benefit; and
(ii) is not liable under this section for the amount of the payment or the value of the
item of property or benefit.
(b) A person who, not for value, receives a payment, item of property, or any other
benefit to which the person is not entitled under this section:
(i) shall return the payment, item of property, or benefit to the person who is entitled to
the payment or the item of property or benefit under this section; or
(ii) is personally liable for the amount of the payment or the value of the item of
property or benefit, to the person who is entitled to the payment or the item of property or
benefit under this section.
(c) If this section, or any part of this section, is preempted by federal law with respect
to a payment, an item of property, or any other benefit that this section addresses, a person
who, not for value, receives the payment, item of property, or any other benefit to which the
person is not entitled under this section:
(i) shall return the payment, item of property, or benefit to the person who would have
been entitled to the payment or the item of property or benefit if this section or the relevant part
of this section was not preempted; or
(ii) is personally liable for the amount of the payment, or the value of the item of
property or benefit, to the person who would have been entitled to the payment or the item of
property or benefit if this section or the relevant part of this section was not preempted.
(10) Notwithstanding Subsections (2) through (6), and notwithstanding an abuser's
conviction for a disqualifying felony offense, the abuser may inherit, take, enjoy, receive, or
otherwise benefit from the estate of the vulnerable adult if:
(a) (i) after the abuser's conviction, the vulnerable adult executes a new governing
instrument or amends or affirms an existing governing instrument under which the abuser
receives a benefit; and
(ii) the vulnerable adult is not incapacitated, as that term is defined in Section
75-1-201
, at the time the vulnerable adult makes the execution, amendment, or affirmation
described in Subsection (10)(a)(i); or
(b) the court reviewing a petition under this section determines that a manifest injustice
would result if the abuser is disinherited by operation of this section.
(11) This section:
(a) does not operate retrospectively;
(b) except as provided in Subsection (11)(c), does not apply to a disqualifying felony
offense that occurred prior to May 5, 2021; and
(c) applies to a disqualifying felony offense described in Subsection (10)(b) if any
portion of the offense persists after May 5, 2021.
Section 42. Section 
75-9-105
 is amended to read:
75-9-105.
Execution of power of attorney.
(1) A power of attorney shall be signed by the principal or in the principal's conscious
presence by another individual directed by the principal to sign the principal's name on the
power of attorney before a notary public or other individual authorized by the law to take
acknowledgments. A signature on a power of attorney is presumed to be genuine if the
principal acknowledges the signature before a notary public or other individual authorized by
law to take acknowledgments.
(2) If the principal resides or is about to reside in a hospital, assisted living, skilled
nursing, or similar facility, at the time of execution of the power of attorney, the principal may
not name any agent that is the owner, operator, health care provider, or employee of the
hospital, assisted living facility, skilled nursing, or similar residential care facility unless the
agent is the spouse, legal guardian, or next of kin of the principal, or unless the agent's
authority is strictly limited to the purpose of assisting the principal to establish eligibility for
Medicaid.
(3) A violation of Subsection (2) is a violation of Subsection [
76-5-111
(9)(a)
] 
Section
76-5-111.4
.
Section 43. Section 
77-23a-8
 is amended to read:
77-23a-8.
Court order to authorize or approve interception -- Procedure.
(1) The attorney general of the state, any assistant attorney general specially designated
by the attorney general, any county attorney, district attorney, deputy county attorney, or deputy
district attorney specially designated by the county attorney or by the district attorney, may
authorize an application to a judge of competent jurisdiction for an order for an interception of
wire, electronic, or oral communications by any law enforcement agency of the state, the
federal government or of any political subdivision of the state that is responsible for
investigating the type of offense for which the application is made.
(2) The judge may grant the order in conformity with the required procedures when the
interception sought may provide or has provided evidence of the commission of:
(a) any act:
(i) prohibited by the criminal provisions of:
(A) Title 58, Chapter 37, Utah Controlled Substances Act;
(B) Title 58, Chapter 37c, Utah Controlled Substance Precursor Act; or
(C) Title 58, Chapter 37d, Clandestine Drug Lab Act; and
(ii) punishable by a term of imprisonment of more than one year;
(b) any act prohibited by the criminal provisions of Title 61, Chapter 1, Utah Uniform
Securities Act, and punishable by a term of imprisonment of more than one year;
(c) an offense:
(i) of:
(A) attempt, Section 
76-4-101
;
(B) conspiracy, Section 
76-4-201
;
(C) solicitation, Section 
76-4-203
; and
(ii) punishable by a term of imprisonment of more than one year;
(d) a threat of terrorism offense punishable by a maximum term of imprisonment of
more than one year, Section 
76-5-107.3
;
(e) (i) aggravated murder, Section 
76-5-202
;
(ii) murder, Section 
76-5-203
; or
(iii) manslaughter, Section 
76-5-205
;
(f) (i) kidnapping, Section 
76-5-301
;
(ii) child kidnapping, Section 
76-5-301.1
;
(iii) aggravated kidnapping, Section 
76-5-302
;
(iv) human trafficking
, Section 
76-5-308
, 
76-5-308.1
, or 
76-5-308.5
,
 or human
smuggling, Section [
76-5-308
] 
76-5-308.3
; or
(v) aggravated human trafficking
, Section 
76-5-310
,
 or aggravated human smuggling,
Section [
76-5-310
] 
76-5-310.1
;
(g) (i) arson, Section 
76-6-102
; or
(ii) aggravated arson, Section 
76-6-103
;
(h) (i) burglary, Section 
76-6-202
; or
(ii) aggravated burglary, Section 
76-6-203
;
(i) (i) robbery, Section 
76-6-301
; or
(ii) aggravated robbery, Section 
76-6-302
;
(j) an offense:
(i) of:
(A) theft, Section 
76-6-404
;
(B) theft by deception, Section 
76-6-405
; or
(C) theft by extortion, Section 
76-6-406
; and
(ii) punishable by a maximum term of imprisonment of more than one year;
(k) an offense of receiving stolen property that is punishable by a maximum term of
imprisonment of more than one year, Section 
76-6-408
;
(l) a financial card transaction offense punishable by a maximum term of imprisonment
of more than one year, Section 
76-6-506.2
, 
76-6-506.3
, 
76-6-506.5
, or 
76-6-506.6
;
(m) bribery of a labor official, Section 
76-6-509
;
(n) bribery or threat to influence a publicly exhibited contest, Section 
76-6-514
;
(o) a criminal simulation offense punishable by a maximum term of imprisonment of
more than one year, Section 
76-6-518
;
(p) criminal usury, Section 
76-6-520
;
(q) a fraudulent insurance act offense punishable by a maximum term of imprisonment
of more than one year, Section 
76-6-521
;
(r) a violation of Title 76, Chapter 6, Part 7, Utah Computer Crimes Act, punishable by
a maximum term of imprisonment of more than one year, Section 
76-6-703
;
(s) bribery to influence official or political actions, Section 
76-8-103
;
(t) misusing public money or public property, Section 
76-8-402
;
(u) tampering with a witness or soliciting or receiving a bribe, Section 
76-8-508
;
(v) retaliation against a witness, victim, or informant, Section 
76-8-508.3
;
(w) tampering with a juror, retaliation against a juror, Section 
76-8-508.5
;
(x) extortion or bribery to dismiss criminal proceeding, Section 
76-8-509
;
(y) obstruction of justice, Section 
76-8-306
;
(z) destruction of property to interfere with preparation for defense or war, Section
76-8-802
;
(aa) an attempt to commit crimes of sabotage, Section 
76-8-804
;
(bb) conspiracy to commit crimes of sabotage, Section 
76-8-805
;
(cc) advocating criminal syndicalism or sabotage, Section 
76-8-902
;
(dd) assembly for advocating criminal syndicalism or sabotage, Section 
76-8-903
;
(ee) riot punishable by a maximum term of imprisonment of more than one year,
Section 
76-9-101
;
(ff) dog fighting, training dogs for fighting, or dog fighting exhibitions punishable by a
maximum term of imprisonment of more than one year, Section 
76-9-301.1
;
(gg) possession, use, or removal of an explosive, chemical, or incendiary device and
parts, Section 
76-10-306
;
(hh) delivery to a common carrier or mailing of an explosive, chemical, or incendiary
device, Section 
76-10-307
;
(ii) exploiting prostitution, Section 
76-10-1305
;
(jj) aggravated exploitation of prostitution, Section 
76-10-1306
;
(kk) bus hijacking or assault with intent to commit hijacking, Section 
76-10-1504
;
(ll) discharging firearms and hurling missiles, Section 
76-10-1505
;
(mm) violations of Title 76, Chapter 10, Part 16, Pattern of Unlawful Activity Act, and
the offenses listed under the definition of unlawful activity in the act, including the offenses not
punishable by a maximum term of imprisonment of more than one year when those offenses
are investigated as predicates for the offenses prohibited by the act, Section 
76-10-1602
;
(nn) communications fraud, Section 
76-10-1801
;
(oo) money laundering, Sections 
76-10-1903
 and 
76-10-1904
; or
(pp) reporting by a person engaged in a trade or business when the offense is
punishable by a maximum term of imprisonment of more than one year, Section 
76-10-1906
.
Section 44. Section 
77-27-7
 is amended to read:
77-27-7.
Parole or hearing dates -- Interview -- Hearings -- Report of alienists --
Mental competency.
(1) The Board of Pardons and Parole shall determine within six months after the date
of an offender's commitment to the custody of the Department of Corrections, for serving a
sentence upon conviction of a felony or class A misdemeanor offense, a date upon which the
offender shall be afforded a hearing to establish a date of release or a date for a rehearing, and
shall promptly notify the offender of the date.
(2) Before reaching a final decision to release any offender under this chapter, the chair
shall cause the offender to appear before the board, its panel, or any appointed hearing officer,
who shall personally interview the offender to consider the offender's fitness for release and
verify as far as possible information furnished from other sources. Any offender may waive a
personal appearance before the board. Any offender outside of the state shall, if ordered by the
board, submit to a courtesy hearing to be held by the appropriate authority in the jurisdiction in
which the offender is housed in lieu of an appearance before the board. The offender shall be
promptly notified in writing of the board's decision.
(3) (a) In the case of an offender convicted of violating or attempting to violate any of
the provisions of Section 
76-5-301.1
, Subsection 
76-5-302
(1)(b)(vi), Section 
76-5-402
,
76-5-402.1
, 
76-5-402.2
, 
76-5-402.3
, 
76-5-403
, 
76-5-403.1
, 
76-5-404
, 
76-5-404.1
, 
76-5-404.3
,
or 
76-5-405
, the chair may appoint one or more alienists who shall examine the offender within
six months prior to a hearing at which an original parole date is granted on any offense listed in
this Subsection (3).
(b) The alienists shall report in writing the results of the examination to the board prior
to the hearing. The report of the appointed alienists shall specifically address the question of
the offender's current mental condition and attitudes as they relate to any danger the offender
may pose to children or others if the offender is released on parole.
(4) A parolee may petition the board for termination of lifetime parole as provided in
Section 
76-3-202
 in the case of a parolee convicted of a first degree felony violation, or
convicted of attempting to violate Section 
76-5-301.1
, Subsection 
76-5-302
[
(1)
]
(2)
(b)(vi),
Section 
76-5-402
, 
76-5-402.1
, 
76-5-402.2
, 
76-5-402.3
, 
76-5-403
, 
76-5-403.1
, 
76-5-404.1
,
76-5-404.3
,
 or 
76-5-405
, and released on parole before January 1, 2019.
(5) In any case where an offender's mental competency is questioned by the board, the
chair may appoint one or more alienists to examine the offender and report in writing to the
board, specifically addressing the issue of competency.
(6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
board shall make rules governing:
(a) the hearing process;
(b) alienist examination; and
(c) parolee petitions for termination of parole.
Section 45. Section 
77-27-9
 is amended to read:
77-27-9.
Parole proceedings.
(1) (a) The Board of Pardons and Parole may parole any offender or terminate the
sentence of any offender committed to a penal or correctional facility under the jurisdiction of
the Department of Corrections except as provided in Subsection (2).
(b) The board may not release any offender before the minimum term has been served
unless the board finds mitigating circumstances which justify the release and unless the board
has granted a full hearing, in open session, after previous notice of the time and location of the
hearing, and recorded the proceedings and decisions of the board.
(c) The board may not parole any offender or terminate the sentence of any offender
unless the board has granted a full hearing, in open session, after previous notice of the time
and location of the hearing, and recorded the proceedings and decisions of the board.
(d) The release of an offender shall be at the initiative of the board, which shall
consider each case as the offender becomes eligible. However, a prisoner may submit the
prisoner's own application, subject to the rules of the board promulgated in accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(2) (a) An individual sentenced to prison prior to April 29, 1996, for a first degree
felony involving child kidnapping, a violation of Section 
76-5-301.1
; aggravated kidnapping, a
violation of Section 
76-5-302
; rape of a child, a violation of Section 
76-5-402.1
; object rape of
a child, a violation of Section 
76-5-402.3
; sodomy upon a child, a violation of Section
76-5-403.1
; aggravated sexual abuse of a child, a violation of [
Subsection 
76-5-404.1
(4)
]
Section 
76-5-404.3
; aggravated sexual assault, a violation of Section 
76-5-405
; or a prior
offense as described in Section 
76-3-407
, may not be eligible for release on parole by the Board
of Pardons and Parole until the offender has fully completed serving the minimum mandatory
sentence imposed by the court. This Subsection (2)(a) supersedes any other provision of law.
(b) The board may not parole any offender or commute or terminate the sentence of
any offender before the offender has served the minimum term for the offense, if the offender
was sentenced prior to April 29, 1996, and if:
(i) the offender was convicted of forcible sexual abuse, forcible sodomy, rape,
aggravated assault, kidnapping, aggravated kidnapping, or aggravated sexual assault as defined
in Title 76, Chapter 5, Offenses Against the [
Person
] 
Individual
; and
(ii) the victim of the offense was under 18 years old at the time the offense was
committed.
(c) For a crime committed on or after April 29, 1996, but before January 1, 2019, the
board may parole any offender under Subsections (2)(b)(i) and (ii) for lifetime parole as
provided in this section.
(d) The board may not pardon or parole any offender or commute or terminate the
sentence of any offender who is sentenced to life in prison without parole except as provided in
Subsection (7).
(e) On or after April 27, 1992, the board may commute a sentence of death only to a
sentence of life in prison without parole.
(f) The restrictions imposed in Subsections (2)(d) and (e) apply to all cases that come
before the Board of Pardons and Parole on or after April 27, 1992.
(g) The board may not parole any offender convicted of a homicide unless:
(i) the remains of the victim have been recovered; or
(ii) the offender can demonstrate by a preponderance of the evidence that the offender
has cooperated in good faith in efforts to locate the remains.
(h) Subsection (2)(g) applies to any offender convicted of a homicide after February
25, 2021, or any offender who was incarcerated in a correctional facility on or after February
25, 2021, for a homicide offense.
(3) The board may rescind:
(a) an inmate's prison release date prior to the inmate being released from custody; or
(b) an offender's termination date from parole prior to the offender being terminated
from parole.
(4) (a) The board may issue subpoenas to compel the attendance of witnesses and the
production of evidence, to administer oaths, and to take testimony for the purpose of any
investigation by the board or any of the board's members or by a designated hearing examiner
in the performance of the board's duties.
(b) A person who willfully disobeys a properly served subpoena issued by the board is
guilty of a class B misdemeanor.
(5) (a) The board may adopt rules consistent with law for the board's government,
meetings and hearings, the conduct of proceedings before the board, the parole and pardon of
offenders, the commutation and termination of sentences, and the general conditions under
which parole may be granted and revoked.
(b) The rules shall ensure an adequate opportunity for victims to participate at hearings
held under this chapter, as provided in Section 
77-27-9.5
.
(c) The rules may allow the board to establish reasonable and equitable time limits on
the presentations by all participants in hearings held under this chapter.
(6) The board does not provide counseling or therapy for victims as a part of their
participation in any hearing under this chapter.
(7) The board may parole a person sentenced to life in prison without parole if the
board finds by clear and convincing evidence that the person is permanently incapable of being
a threat to the safety of society.
Section 46. Section 
77-27-10
 is amended to read:
77-27-10.
Conditions of parole -- Inmate agreement to warrant -- Rulemaking --
Intensive early release parole program.
(1) (a) When the Board of Pardons and Parole releases an offender on parole, it shall
issue to the parolee a certificate setting forth the conditions of parole, including the graduated
and evidence-based responses to a violation of a condition of parole established by the
Sentencing Commission in accordance with Section 
64-13-21
, which the offender shall accept
and agree to as evidenced by the offender's signature affixed to the agreement.
(b) The parole agreement shall require that the inmate agree in writing that the board
may issue a warrant and conduct a parole revocation hearing if:
(i) the board determines after the grant of parole that the inmate willfully provided to
the board false or inaccurate information that the board finds was significant in the board's
determination to grant parole; or
(ii) (A) the inmate has engaged in criminal conduct prior to the granting of parole; and
(B) the board did not have information regarding the conduct at the time parole was
granted.
(c) A copy of the agreement shall be delivered to the Department of Corrections and a
copy shall be given to the parolee. The original shall remain with the board's file.
(2) (a) If an offender convicted of violating or attempting to violate Section
76-5-301.1
, [
Subsection 
76-5-302
(1), Section
] 
76-5-302
,
76-5-402
, 
76-5-402.1
, 
76-5-402.2
,
76-5-402.3
, 
76-5-403
, 
76-5-403.1
, 
76-5-404
, 
76-5-404.1
, 
76-5-404.3
,
 or 
76-5-405
, is released
on parole, the board shall order outpatient mental health counseling and treatment as a
condition of parole.
(b) The board shall develop standards and conditions of parole under this Subsection
(2) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(c) This Subsection (2) does not apply to intensive early release parole.
(3) (a) In addition to the conditions set out in Subsection (1), the board may place
offenders in an intensive early release parole program. The board shall determine the
conditions of parole which are reasonably necessary to protect the community as well as to
protect the interests of the offender and to assist the offender to lead a law-abiding life.
(b) The offender is eligible for this program only if the offender:
(i) has not been convicted of a sexual offense; or
(ii) has not been sentenced pursuant to Section 
76-3-406
.
(c) The department shall:
(i) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, for operation of the program;
(ii) adopt and implement internal management policies for operation of the program;
(iii) determine whether or not to refer an offender into this program within 120 days
from the date the offender is committed to prison by the sentencing court; and
(iv) make the final recommendation to the board regarding the placement of an
offender into the program.
(d) The department may not consider credit for time served in a county jail awaiting
trial or sentencing when calculating the 120-day period.
(e) The prosecuting attorney or sentencing court may refer an offender for
consideration by the department for participation in the program.
(f) The board shall determine whether or not to place an offender into this program
within 30 days of receiving the department's recommendation.
(4) This program shall be implemented by the department within the existing budget.
(5) During the time the offender is on parole, the department shall collect from the
offender the monthly supervision fee authorized by Section 
64-13-21
.
(6) When a parolee commits a violation of the parole agreement, the department may:
(a) respond in accordance with the graduated and evidence-based responses established
in accordance with Section 
64-13-21
; or
(b) when the graduated and evidence-based responses established in accordance with
Section 
64-13-21
 indicate, refer the parolee to the Board of Pardons and Parole for revocation
of parole.
Section 47. Section 
77-36-1
 is amended to read:
77-36-1.
Definitions.
As used in this chapter:
(1) "Cohabitant" means the same as that term is defined in Section 
78B-7-102
.
(2) "Department" means the Department of Public Safety.
(3) "Divorced" means an individual who has obtained a divorce under Title 30, Chapter
3, Divorce.
(4) "Domestic violence" or "domestic violence offense" means any criminal offense
involving violence or physical harm or threat of violence or physical harm, or any attempt,
conspiracy, or solicitation to commit a criminal offense involving violence or physical harm,
when committed by one cohabitant against another. "Domestic violence" or "domestic
violence offense" includes commission or attempt to commit, any of the following offenses by
one cohabitant against another:
(a) aggravated assault, as described in Section 
76-5-103
;
(b) aggravated cruelty to an animal, as described in Subsection 
76-9-301
(4), with the
intent to harass or threaten the other cohabitant;
(c) assault, as described in Section 
76-5-102
;
(d) criminal homicide, as described in Section 
76-5-201
;
(e) harassment, as described in Section 
76-5-106
;
(f) electronic communication harassment, as described in Section 
76-9-201
;
(g) kidnapping, child kidnapping, or aggravated kidnapping, as described in Sections
76-5-301
, 
76-5-301.1
, and 
76-5-302
;
(h) mayhem, as described in Section 
76-5-105
;
(i) sexual offenses, as described in Title 76, Chapter 5, Part 4, Sexual Offenses, and
Section 
76-5b-201
, Sexual exploitation of a minor -- Offenses;
(j) stalking, as described in Section 
76-5-106.5
;
(k) unlawful detention or unlawful detention of a minor, as described in Section
76-5-304
;
(l) violation of a protective order or ex parte protective order, as described in Section
76-5-108
;
(m) any offense against property described in Title 76, Chapter 6, Part 1, Property
Destruction, Title 76, Chapter 6, Part 2, Burglary and Criminal Trespass, or Title 76, Chapter 6,
Part 3, Robbery;
(n) possession of a deadly weapon with criminal intent, as described in Section
76-10-507
;
(o) discharge of a firearm from a vehicle, near a highway, or in the direction of any
person, building, or vehicle, as described in Section 
76-10-508
;
(p) disorderly conduct, as defined in Section 
76-9-102
, if a conviction or adjudication
of disorderly conduct is the result of a plea agreement in which the perpetrator was originally
charged with a domestic violence offense otherwise described in this Subsection (4), except
that a conviction or adjudication of disorderly conduct as a domestic violence offense, in the
manner described in this Subsection (4)(p), does not constitute a misdemeanor crime of
domestic violence under 18 U.S.C. Sec. 921, and is exempt from the federal Firearms Act, 18
U.S.C. Sec. 921 et seq.;
(q) child abuse, as described in Section [
76-5-109.1
] 
76-5-114
;
(r) threatening use of a dangerous weapon, as described in Section 
76-10-506
;
(s) threatening violence, as described in Section 
76-5-107
;
(t) tampering with a witness, as described in Section 
76-8-508
;
(u) retaliation against a witness or victim, as described in Section 
76-8-508.3
;
(v) unlawful distribution of an intimate image, as described in Section 
76-5b-203
, or
unlawful distribution of a counterfeit intimate image, as described in Section 
76-5b-205
;
(w) sexual battery, as described in Section 
76-9-702.1
;
(x) voyeurism, as described in Section 
76-9-702.7
;
(y) damage to or interruption of a communication device, as described in Section
76-6-108
; or
(z) an offense described in Subsection 
78B-7-806
(1).
(5) "Jail release agreement" means the same as that term is defined in Section
78B-7-801
.
(6) "Jail release court order" means the same as that term is defined in Section
78B-7-801
.
(7) "Marital status" means married and living together, divorced, separated, or not
married.
(8) "Married and living together" means a couple whose marriage was solemnized
under Section 
30-1-4
 or 
30-1-6
 and who are living in the same residence.
(9) "Not married" means any living arrangement other than married and living together,
divorced, or separated.
(10) "Protective order" includes an order issued under Subsection 
78B-7-804
(3).
(11) "Pretrial protective order" means a written order:
(a) specifying and limiting the contact a person who has been charged with a domestic
violence offense may have with an alleged victim or other specified individuals; and
(b) specifying other conditions of release under [
Sections
] 
Section
78B-7-802
 or
78B-7-803
, pending trial in the criminal case.
(12) "Sentencing protective order" means a written order of the court as part of
sentencing in a domestic violence case that limits the contact an individual who is convicted or
adjudicated of a domestic violence offense may have with a victim or other specified
individuals under Section 
78B-7-804
.
(13) "Separated" means a couple who have had their marriage solemnized under
Section 
30-1-4
 or 
30-1-6
 and who are not living in the same residence.
(14) "Victim" means a cohabitant who has been subjected to domestic violence.
Section 48. Section 
77-36-2.2
 is amended to read:
77-36-2.2.
Powers and duties of law enforcement officers to arrest -- Reports of
domestic violence cases -- Reports of parties' marital status.
(1) The primary duty of law enforcement officers responding to a domestic violence
call is to protect the victim and enforce the law.
(2) (a) In addition to the arrest powers described in Section 
77-7-2
, when a peace
officer responds to a domestic violence call and has probable cause to believe that an act of
domestic violence has been committed, the peace officer shall arrest without a warrant or shall
issue a citation to any person that the peace officer has probable cause to believe has committed
an act of domestic violence.
(b) (i) If the peace officer has probable cause to believe that there will be continued
violence against the alleged victim, or if there is evidence that the perpetrator has either
recently caused serious bodily injury or used a dangerous weapon in the domestic violence
offense, the officer shall arrest and take the alleged perpetrator into custody, and may not
utilize the option of issuing a citation under this section.
(ii) For purposes of Subsection (2)(b)(i), "serious bodily injury" and "dangerous
weapon" mean the same as those terms are defined in Section [
76-1-601
] 
76-1-101.5
.
(c) If a peace officer does not immediately exercise arrest powers or initiate criminal
proceedings by citation or otherwise, the officer shall notify the victim of the right to initiate a
criminal proceeding and of the importance of preserving evidence, in accordance with the
requirements of Section 
77-36-2.1
.
(3) If a law enforcement officer receives complaints of domestic violence from two or
more opposing persons, the officer shall evaluate each complaint separately to determine who
the predominant aggressor was. If the officer determines that one person was the predominant
physical aggressor, the officer need not arrest the other person alleged to have committed
domestic violence. In determining who the predominant aggressor was, the officer shall
consider:
(a) any prior complaints of domestic violence;
(b) the relative severity of injuries inflicted on each person;
(c) the likelihood of future injury to each of the parties; and
(d) whether one of the parties acted in self defense.
(4) A law enforcement officer may not threaten, suggest, or otherwise indicate the
possible arrest of all parties in order to discourage any party's request for intervention by law
enforcement.
(5) (a) A law enforcement officer who does not make an arrest after investigating a
complaint of domestic violence, or who arrests two or more parties, shall submit a detailed,
written report specifying the grounds for not arresting any party or for arresting both parties.
(b) A law enforcement officer who does not make an arrest shall notify the victim of
the right to initiate a criminal proceeding and of the importance of preserving evidence.
(6) (a) A law enforcement officer responding to a complaint of domestic violence shall
prepare an incident report that includes the officer's disposition of the case.
(b) From January 1, 2009
,
 until December 31, 2013, any law enforcement officer
employed by a city of the first or second class responding to a complaint of domestic violence
shall also report, either as a part of an incident report or on a separate form, the following
information:
(i) marital status of each of the parties involved;
(ii) social, familial, or legal relationship of the suspect to the victim; and
(iii) whether or not an arrest was made.
(c) The information obtained in Subsection (6)(b):
(i) shall be reported monthly to the department;
(ii) shall be reported as numerical data that contains no personal identifiers; and
(iii) is a public record as defined in Section 
63G-2-103
.
(d) The incident report shall be made available to the victim, upon request, at no cost.
(e) The law enforcement agency shall forward a copy of the incident report to the
appropriate prosecuting attorney within five days after the complaint of domestic violence
occurred.
(7) The department shall compile the information described in Subsections (6)(b) and
(c) into a report and present that report to the Law Enforcement and Criminal Justice Interim
Committee during the 2013 interim, no later than May 31, 2013.
(8) Each law enforcement agency shall, as soon as practicable, make a written record
and maintain records of all incidents of domestic violence reported to it, and shall be identified
by a law enforcement agency code for domestic violence.
Section 49. Section 
77-37-3
 is amended to read:
77-37-3.
Bill of rights.
(1) The bill of rights for victims and witnesses is:
(a) Victims and witnesses have a right to be informed as to the level of protection from
intimidation and harm available to them, and from what sources, as they participate in criminal
justice proceedings as designated by Section 
76-8-508
, regarding witness tampering, and
Section 
76-8-509
, regarding threats against a victim. Law enforcement, prosecution, and
corrections personnel have the duty to timely provide this information in a form which is useful
to the victim.
(b) Victims and witnesses, including children and their guardians, have a right to be
informed and assisted as to their role in the criminal justice process. All criminal justice
agencies have the duty to provide this information and assistance.
(c) Victims and witnesses have a right to clear explanations regarding relevant legal
proceedings; these explanations shall be appropriate to the age of child victims and witnesses. 
All criminal justice agencies have the duty to provide these explanations.
(d) Victims and witnesses should have a secure waiting area that does not require them
to be in close proximity to defendants or the family and friends of defendants. Agencies
controlling facilities shall, whenever possible, provide this area.
(e) Victims may seek restitution or reparations, including medical costs, as provided in
Title 63M, Chapter 7, Criminal Justice and Substance Abuse,
 Title
 77, Chapter 38b, Crime
Victims Restitution Act, and Section 80-6-710. State and local government agencies that serve
victims have the duty to have a functional knowledge of the procedures established by the
Crime Victim Reparations Board and to inform victims of these procedures.
(f) Victims and witnesses have a right to have any personal property returned as
provided in Sections 
77-24a-1
 through 
77-24a-5
. Criminal justice agencies shall expeditiously
return the property when it is no longer needed for court law enforcement or prosecution
purposes.
(g) Victims and witnesses have the right to reasonable employer intercession services,
including pursuing employer cooperation in minimizing employees' loss of pay and other
benefits resulting from their participation in the criminal justice process. Officers of the court
shall provide these services and shall consider victims' and witnesses' schedules so that
activities which conflict can be avoided. Where conflicts cannot be avoided, the victim may
request that the responsible agency intercede with employers or other parties.
(h) Victims and witnesses, particularly children, should have a speedy disposition of
the entire criminal justice process. All involved public agencies shall establish policies and
procedures to encourage speedy disposition of criminal cases.
(i) Victims and witnesses have the right to timely notice of judicial proceedings they
are to attend and timely notice of cancellation of any proceedings. Criminal justice agencies
have the duty to provide these notifications. Defense counsel and others have the duty to
provide timely notice to prosecution of any continuances or other changes that may be required.
(j) Victims of sexual offenses have the following rights:
(i) the right to request voluntary testing for themselves for HIV infection as provided in
Section [
76-5-503
] 
53-10-803
 and to request mandatory testing of the alleged sexual offender
for HIV infection as provided in Section [
76-5-502
] 
53-10-802
;
(ii) the right to be informed whether a DNA profile was obtained from the testing of
the rape kit evidence or from other crime scene evidence;
(iii) the right to be informed whether a DNA profile developed from the rape kit
evidence or other crime scene evidence has been entered into the Utah Combined DNA Index
System;
(iv) the right to be informed whether there is a match between a DNA profile
developed from the rape kit evidence or other crime scene evidence and a DNA profile
contained in the Utah Combined DNA Index System, provided that disclosure would not
impede or compromise an ongoing investigation; and
(v) the right to designate a person of the victim's choosing to act as a recipient of the
information provided under this Subsection (1)(j) and under Subsections (2) and (3).
(k) Subsections (1)(j)(ii) through (iv) do not require that the law enforcement agency
communicate with the victim or the victim's designee regarding the status of DNA testing,
absent a specific request received from the victim or the victim's designee.
(2) The law enforcement agency investigating a sexual offense may:
(a) release the information indicated in Subsections (1)(j)(ii) through (iv) upon the
request of a victim or the victim's designee and is the designated agency to provide that
information to the victim or the victim's designee;
(b) require that the victim's request be in writing; and
(c) respond to the victim's request with verbal communication, written communication,
or by email, if an email address is available.
(3) The law enforcement agency investigating a sexual offense has the following
authority and responsibilities:
(a) If the law enforcement agency determines that DNA evidence will not be analyzed
in a case where the identity of the perpetrator has not been confirmed, the law enforcement
agency shall notify the victim or the victim's designee.
(b) (i) If the law enforcement agency intends to destroy or dispose of rape kit evidence
or other crime scene evidence from an unsolved sexual assault case, the law enforcement
agency shall provide written notification of that intention and information on how to appeal the
decision to the victim or the victim's designee of that intention.
(ii) Written notification under this Subsection (3) shall be made not fewer than 60 days
prior to the destruction or disposal of the rape kit evidence or other crime scene evidence.
(c) A law enforcement agency responsible for providing information under Subsections
(1)(j)(ii) through (iv), (2), and (3) shall do so in a timely manner and, upon request of the
victim or the victim's designee, shall advise the victim or the victim's designee of any
significant changes in the information of which the law enforcement agency is aware.
(d) The law enforcement agency investigating the sexual offense is responsible for
informing the victim or the victim's designee of the rights established under Subsections
(1)(j)(ii) through (iv) and (2), and this Subsection (3).
(4) Informational rights of the victim under this chapter are based upon the victim
providing the current name, address, telephone number, and email address, if an email address
is available, of the person to whom the information should be provided to the criminal justice
agencies involved in the case.
Section 50. Section 
77-37-5
 is amended to read:
77-37-5.
Remedies -- District Victims' Rights Committee.
(1) In each judicial district, the Utah Council on Victims of Crime, established in
Section 
63M-7-601
, shall appoint a person who shall chair a judicial district victims' rights
committee consisting of:
(a) a county attorney or district attorney;
(b) a sheriff;
(c) a corrections field services administrator;
(d) an appointed victim advocate;
(e) a municipal attorney;
(f) a municipal chief of police; and
(g) other representatives as appropriate.
(2) The committee shall meet at least semiannually to review progress and problems
related to this chapter, Title 77, Chapter 38, Rights of Crime Victims Act, Title 77, Chapter
38b, Crime Victims Restitution Act, and Utah Constitution Article I, Section 28. Victims and
other interested parties may submit matters of concern to the victims' rights committee. The
committee may hold a hearing open to the public on any appropriate matter of concern and may
publish its findings. These matters shall also be considered at the meetings of the victims'
rights committee. The committee shall forward minutes of all meetings to the Utah Council on
Victims of Crime for review and other appropriate action.
(3) If a victims' rights committee is unable to resolve a complaint, it may refer the
complaint to the Utah Council on Victims of Crime.
(4) The Utah Office for Victims of Crime shall provide materials to local law
enforcement to inform every victim of a sexual offense of the right to request testing of the
convicted sexual offender and of the victim as provided in Section [
76-5-502
] 
53-10-802
.
(5) (a) If a person acting under color of state law willfully or wantonly fails to perform
duties so that the rights in this chapter are not provided, an action for injunctive relief may be
brought against the individual and the government entity that employs the individual.
(b) For all other violations, if the committee finds a violation of a victim's right, it shall
refer the matter to the appropriate court for further proceedings consistent with Subsection
77-38-11
(2).
(c) The failure to provide the rights in this chapter or Title 77, Chapter 38, Rights of
Crime Victims Act, does not constitute cause for a judgment against the state or any
government entity, or any individual employed by the state or any government entity, for
monetary damages, attorney fees, or the costs of exercising any rights under this chapter.
(6) The person accused of and subject to prosecution for the crime or the act which
would be a crime if committed by a competent adult, has no standing to make a claim
concerning any violation of the provisions of this chapter.
Section 51. Section 
77-38-3
 is amended to read:
77-38-3.
Notification to victims -- Initial notice, election to receive subsequent
notices -- Form of notice -- Protected victim information -- Pretrial criminal no contact
order.
(1) Within seven days after the day on which felony criminal charges are filed against a
defendant, the prosecuting agency shall provide an initial notice to reasonably identifiable and
locatable victims of the crime contained in the charges, except as otherwise provided in this
chapter.
(2) The initial notice to the victim of a crime shall provide information about electing
to receive notice of subsequent important criminal justice hearings listed in Subsections
77-38-2
(5)(a) through (f) and rights under this chapter.
(3) The prosecuting agency shall provide notice to a victim of a crime:
(a) for the important criminal justice hearings, provided in Subsections 
77-38-2
(5)(a)
through (f), which the victim has requested; and
(b) for a restitution request to be submitted in accordance with Section 
77-38b-202
. 
(4) (a) The responsible prosecuting agency may provide initial and subsequent notices
in any reasonable manner, including telephonically, electronically, orally, or by means of a
letter or form prepared for this purpose.
(b) In the event of an unforeseen important criminal justice hearing, listed in
Subsections 
77-38-2
(5)(a) through (f) for which a victim has requested notice, a good faith
attempt to contact the victim by telephone shall be considered sufficient notice, provided that
the prosecuting agency subsequently notifies the victim of the result of the proceeding.
(5) (a) The court shall take reasonable measures to ensure that its scheduling practices
for the proceedings provided in Subsections 
77-38-2
(5)(a) through (f) permit an opportunity for
victims of crimes to be notified.
(b) The court shall consider whether any notification system that the court might use to
provide notice of judicial proceedings to defendants could be used to provide notice of judicial
proceedings to victims of crimes.
(6) A defendant or, if it is the moving party, the Division of Adult Probation and
Parole, shall give notice to the responsible prosecuting agency of any motion for modification
of any determination made at any of the important criminal justice hearings provided in
Subsections 
77-38-2
(5)(a) through (f) in advance of any requested court hearing or action so
that the prosecuting agency may comply with the prosecuting agency's notification obligation.
(7) (a) Notice to a victim of a crime shall be provided by the Board of Pardons and
Parole for the important criminal justice hearing under Subsection 
77-38-2
(5)(g).
(b) The board may provide notice in any reasonable manner, including telephonically,
electronically, orally, or by means of a letter or form prepared for this purpose.
(8) Prosecuting agencies and the Board of Pardons and Parole are required to give
notice to a victim of a crime for the proceedings provided in Subsections 
77-38-2
(5)(a) through
(f) only where the victim has responded to the initial notice, requested notice of subsequent
proceedings, and provided a current address and telephone number if applicable.
(9) To facilitate the payment of restitution and the notice of hearings regarding
restitution, a victim who seeks restitution and notice of restitution hearings shall provide the
court with the victim's current address and telephone number.
(10) (a) Law enforcement and criminal justice agencies shall refer any requests for
notice or information about crime victim rights from victims to the responsible prosecuting
agency.
(b) In a case in which the Board of Pardons and Parole is involved, the responsible
prosecuting agency shall forward any request for notice the prosecuting agency has received
from a victim to the Board of Pardons and Parole.
(11) In all cases where the number of victims exceeds 10, the responsible prosecuting
agency may send any notices required under this chapter in the prosecuting agency's discretion
to a representative sample of the victims.
(12) (a) A victim's address, telephone number, and victim impact statement maintained
by a peace officer, prosecuting agency, Youth Parole Authority, Division of Juvenile Justice
Services, Department of Corrections, Utah State Courts, and Board of Pardons and Parole, for
purposes of providing notice under this section, are classified as protected under Subsection
63G-2-305
(10).
(b) The victim's address, telephone number, and victim impact statement is available
only to the following persons or entities in the performance of their duties:
(i) a law enforcement agency, including the prosecuting agency;
(ii) a victims' right committee as provided in Section 
77-37-5
;
(iii) a governmentally sponsored victim or witness program;
(iv) the Department of Corrections;
(v) the Utah Office for Victims of Crime;
(vi) the Commission on Criminal and Juvenile Justice;
(vii) the Utah State Courts; and
(viii) the Board of Pardons and Parole.
(13) The notice provisions as provided in this section do not apply to misdemeanors as
provided in Section 
77-38-5
 and to important juvenile justice hearings as provided in Section
77-38-2
.
(14) (a) When a defendant is charged with a felony crime under Sections 
76-5-301
through [
76-5-310
] 
76-5-310.1
 regarding kidnapping, human trafficking, and human
smuggling; Sections 
76-5-401
 through [
76-5-413
] 
76-5-413.3
 regarding sexual offenses; or
Section 
76-10-1306
 regarding aggravated exploitation of prostitution, the court may, during
any court hearing where the defendant is present, issue a pretrial criminal no contact order:
(i) prohibiting the defendant from harassing, telephoning, contacting, or otherwise
communicating with the victim directly or through a third party;
(ii) ordering the defendant to stay away from the residence, school, place of
employment of the victim, and the premises of any of these, or any specified place frequented
by the victim or any designated family member of the victim directly or through a third party;
and
(iii) ordering any other relief that the court considers necessary to protect and provide
for the safety of the victim and any designated family or household member of the victim.
(b) Violation of a pretrial criminal no contact order issued pursuant to this section is a
third degree felony.
(c) (i) The court shall provide to the victim a certified copy of any pretrial criminal no
contact order that has been issued if the victim can be located with reasonable effort.
(ii) The court shall also transmit the pretrial criminal no contact order to the statewide
domestic violence network in accordance with Section 
78B-7-113
.
Section 52. Section 
77-38-15
 is amended to read:
77-38-15.
Civil action against human traffickers and human smugglers.
(1) A victim of a person that commits 
any of
 the [
offense of
] 
following offenses may
bring a civil action against that person:
(a)
 human trafficking [
or
] 
for labor under Section 
76-5-308
;
(b) human trafficking for sexual exploitation under Section 
76-5-308.1
;
(c)
 human smuggling under Section [
76-5-308
,
] 
76-5-308.3
;
(d)
 human trafficking of a child under Section 
76-5-308.5
[
,
]
;
(e)
 aggravated human trafficking [
or
] 
under Section 
76-5-310
;
(f)
 aggravated human smuggling under Section [
76-5-310
,
] 
76-5-310.1;
 or
(g)
 benefitting from human trafficking under [
Subsection 
76-5-309
(4) may bring a civil
action against that person
] 
Section 
76-5-309
.
(2) (a) The court may award actual damages, compensatory damages, punitive
damages, injunctive relief, or any other appropriate relief.
(b) The court may award treble damages on proof of actual damages if the court finds
that the person's acts were willful and malicious.
(3) In an action under this section, the court shall award a prevailing victim reasonable
attorney fees and costs.
(4) An action under this section shall be commenced no later than 10 years after the
later of:
(a) the day on which the victim was freed from the human trafficking or human
smuggling situation;
(b) the day on which the victim attains 18 years old; or
(c) if the victim was unable to bring an action due to a disability, the day on which the
victim's disability ends.
(5) The time period described in Subsection (4) is tolled during a period of time when
the victim fails to bring an action due to the person:
(a) inducing the victim to delay filing the action;
(b) preventing the victim from filing the action; or
(c) threatening and causing duress upon the victim in order to prevent the victim from
filing the action.
(6) The court shall offset damages awarded to the victim under this section by any
restitution paid to the victim under Title 77, Chapter 38b, Crime Victims Restitution Act.
(7) A victim may bring an action described in this section in any court of competent
jurisdiction where:
(a) a violation described in Subsection (1) occurred;
(b) the victim resides; or
(c) the person that commits the offense resides or has a place of business.
(8) If the victim is deceased or otherwise unable to represent the victim's own interests
in court, a legal guardian, family member, representative of the victim, or court appointee may
bring an action under this section on behalf of the victim.
(9) This section does not preclude any other remedy available to the victim under the
laws of this state or under federal law.
Section 53. Section 
77-40-102
 is amended to read:
77-40-102.
Definitions.
As used in this chapter:
(1) "Administrative finding" means a decision upon a question of fact reached by an
administrative agency following an administrative hearing or other procedure satisfying the
requirements of due process.
(2) "Agency" means a state, county, or local government entity that generates or
maintains records relating to an investigation, arrest, detention, or conviction for an offense for
which expungement may be ordered.
(3) "Bureau" means the Bureau of Criminal Identification of the Department of Public
Safety established in Section 
53-10-201
.
(4) "Certificate of eligibility" means a document issued by the bureau stating that the
criminal record and all records of arrest, investigation, and detention associated with a case that
is the subject of a petition for expungement is eligible for expungement.
(5) (a) "Clean slate eligible case" means a case:
(i) where, except as provided in Subsection (5)(c), each conviction within the case is:
(A) a misdemeanor conviction for possession of a controlled substance in violation of
Subsection 
58-37-8
(2)(a)(i);
(B) a class B or class C misdemeanor conviction; or
(C) an infraction conviction;
(ii) that involves an individual:
(A) whose total number of convictions in Utah state courts, not including infractions,
traffic offenses, or minor regulatory offenses, does not exceed the limits described in
Subsections 
77-40-105
(6) and (7) without taking into consideration the exception in Subsection
77-40-105
(9); and
(B) against whom no criminal proceedings are pending in the state; and
(iii) for which the following time periods have elapsed from the day on which the case
is adjudicated:
(A) at least five years for a class C misdemeanor or an infraction;
(B) at least six years for a class B misdemeanor; and
(C) at least seven years for a class A conviction for possession of a controlled
substance in violation of Subsection 
58-37-8
(2)(a)(i).
(b) "Clean slate eligible case" includes a case that is dismissed as a result of a
successful completion of a plea in abeyance agreement governed by Subsection 
77-2a-3
(2)(b)
if:
(i) except as provided in Subsection (5)(c), each charge within the case is:
(A) a misdemeanor for possession of a controlled substance in violation of Subsection
58-37-8
(2)(a)(i);
(B) a class B or class C misdemeanor; or
(C) an infraction;
(ii) the individual involved meets the requirements of Subsection (5)(a)(ii); and
(iii) the time periods described in Subsections (5)(a)(iii)(A) through (C) have elapsed
from the day on which the case is dismissed.
(c) "Clean slate eligible case" does not include a case:
(i) where the individual is found not guilty by reason of insanity;
(ii) where the case establishes a criminal accounts receivable, as defined in Section
77-32b-102
, that:
(A) has been entered as a civil accounts receivable or a civil judgment of restitution, as
those terms are defined in Section 
77-32b-102
, and transferred to the Office of State Debt
Collection under Section 
77-18-114
; or
(B) has not been satisfied according to court records; or
(iii) that resulted in one or more pleas held in abeyance or convictions for the following
offenses:
(A) any of the offenses listed in Subsection 
77-40-105
(2)(a);
(B) an offense against the person in violation of Title 76, Chapter 5, Offenses Against
the [
Person
] 
Individual
;
(C) a weapons offense in violation of Title 76, Chapter 10, Part 5, Weapons;
(D) sexual battery in violation of Section 
76-9-702.1
;
(E) an act of lewdness in violation of Section 
76-9-702
 or 
76-9-702.5
;
(F) an offense in violation of Title 41, Chapter 6a, Part 5, Driving Under the Influence
and Reckless Driving;
(G) damage to or interruption of a communication device in violation of Section
76-6-108
;
(H) a domestic violence offense as defined in Section 
77-36-1
; or
(I) any other offense classified in the Utah Code as a felony or a class A misdemeanor
other than a class A misdemeanor conviction for possession of a controlled substance in
violation of Subsection 
58-37-8
(2)(a)(i).
(6) "Conviction" means judgment by a criminal court on a verdict or finding of guilty
after trial, a plea of guilty, or a plea of nolo contendere.
(7) "Department" means the Department of Public Safety established in Section
53-1-103
.
(8) "Drug possession offense" means an offense under:
(a) Subsection 
58-37-8
(2), except any offense under Subsection 
58-37-8
(2)(b)(i),
possession of 100 pounds or more of marijuana, any offense enhanced under Subsection
58-37-8
(2)(e), violation in a correctional facility or Subsection 
58-37-8
(2)(g), driving with a
controlled substance illegally in the person's body and negligently causing serious bodily injury
or death of another;
(b) Subsection 
58-37a-5
(1), use or possession of drug paraphernalia;
(c) Section 
58-37b-6
, possession or use of an imitation controlled substance; or
(d) any local ordinance which is substantially similar to any of the offenses described
in this Subsection (8).
(9) "Expunge" means to seal or otherwise restrict access to the individual's record held
by an agency when the record includes a criminal investigation, detention, arrest, or conviction.
(10) "Jurisdiction" means a state, district, province, political subdivision, territory, or
possession of the United States or any foreign country.
(11) "Minor regulatory offense" means any class B or C misdemeanor offense, and any
local ordinance, except:
(a) any drug possession offense;
(b) Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving;
(c) Sections 
73-18-13
 through 
73-18-13.6
;
(d) those offenses defined in Title 76, Utah Criminal Code; or
(e) any local ordinance that is substantially similar to those offenses listed in
Subsections (11)(a) through (d).
(12) "Petitioner" means an individual applying for expungement under this chapter.
(13) (a) "Traffic offense" means:
(i) all infractions, class B misdemeanors, and class C misdemeanors in Title 41,
Chapter 6a, Traffic Code;
(ii) Title 53, Chapter 3, Part 2, Driver Licensing Act;
(iii) Title 73, Chapter 18, State Boating Act; and
(iv) all local ordinances that are substantially similar to those offenses.
(b) "Traffic offense" does not mean:
(i) Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving;
(ii) Sections 
73-18-13
 through 
73-18-13.6
; or
(iii) any local ordinance that is substantially similar to the offenses listed in
Subsections (13)(b)(i) and (ii).
Section 54. Section 
77-41-102
 is amended to read:
77-41-102.
Definitions.
As used in this chapter:
(1) "Bureau" means the Bureau of Criminal Identification of the Department of Public
Safety established in section 
53-10-201
.
(2) "Business day" means a day on which state offices are open for regular business.
(3) "Certificate of eligibility" means a document issued by the Bureau of Criminal
Identification showing that the offender has met the requirements of Section 
77-41-112
.
(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 military, Canada, the United Kingdom,
Australia, or New Zealand.
(9) "Kidnap offender" means any individual, other than a natural parent of the victim:
(a) who has been convicted in this state of a violation of:
(i) Subsection 
76-5-301
[
(1)
]
(2)
(c) or (d), kidnapping;
(ii) Section 
76-5-301.1
, child kidnapping;
(iii) Section 
76-5-302
, aggravated kidnapping;
(iv) Section 
76-5-308
, human trafficking for labor [
and
]
;
(v) Section 
76-5-308.3
,
 human smuggling;
[
(v)
] 
(vi)
 Section 
76-5-308
, human smuggling, when the individual smuggled is under
18 years old;
[
(vi)
] 
(vii)
 Section 
76-5-308.5
, human trafficking of a child for labor;
[
(vii)
] 
(viii)
 Section 
76-5-310
, aggravated human trafficking [
and
]
;
(ix) Section 
76-5-310.1
,
 aggravated human smuggling[
, on or after May 10, 2011
];
[
(viii)
] 
(x)
 Section 
76-5-311
, human trafficking of a vulnerable adult for labor; or
[
(ix)
] 
(xi)
 attempting, soliciting, or conspiring to commit any felony offense listed in
Subsections (9)(a)(i) through (iii);
(b) (i) who 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 (9)(a); and
(ii) who is:
(A) a Utah resident; or
(B) not a Utah resident, but who, in any 12-month period, is in this state for a total of
10 or more days, regardless of whether or not the offender intends to permanently reside in this
state;
(c) (i) (A) who is required to register as a kidnap offender in any other jurisdiction of
original conviction;
(B) who is required to register as a kidnap offender by any state, federal, or military
court; or
(C) who would be required to register as a kidnap 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, who is in this state for a total of 10 or more days,
regardless of whether or not the offender intends to permanently reside in this state;
(d) (i) (A) who is a nonresident regularly employed or working in this state; or
(B) who is a student in this state; and
(ii) (A) who was convicted of one or more offenses listed in Subsection (9), or any
substantially equivalent offense in another jurisdiction; or
(B) as a result of the conviction, who is required to register in the individual's state of
residence;
(e) who is found not guilty by reason of insanity in this state or in any other jurisdiction
of one or more offenses listed in Subsection (9); or
(f) (i) who is adjudicated under Section 
80-6-701
 for one or more offenses listed in
Subsection (9)(a); and
(ii) who has been committed to the division for secure care, as defined in Section
80-1-102
, for that offense and:
(A) the individual remains in the division's custody until 30 days before the individual's
21st birthday; or
(B) if the juvenile court extended the juvenile court's jurisdiction over the individual
under Section 
80-6-605
, the individual remains in the division's custody until 30 days before
the individual's 25th birthday.
(10) "Natural parent" means a minor's biological or adoptive parent, and includes the
minor's noncustodial parent.
(11) "Offender" means a kidnap offender as defined in Subsection (9) or a sex offender
as defined in Subsection (17).
(12) "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.
(13) "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.
(14) "Register" means to comply with the requirements of this chapter and
administrative rules of the department made under this chapter.
(15) "Registration website" means the Sex and Kidnap Offender Notification and
Registration website described in Section 
77-41-110
 and the information on the website.
(16) "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.
(17) "Sex offender" means any individual:
(a) convicted in this state of:
(i) a felony or class A misdemeanor violation of Section 
76-4-401
, enticing a minor;
(ii) Section 
76-5b-202
, sexual exploitation of a vulnerable adult[
, on or after May 10,
];
(iii) Section [
76-5-308
] 
76-5-308.1
, human trafficking for sexual exploitation;
(iv) Section 
76-5-308.5
, human trafficking of a child for sexual exploitation;
(v) Section 
76-5-310
, aggravated human trafficking for sexual exploitation;
(vi) Section 
76-5-311
, human trafficking of a vulnerable adult for sexual exploitation;
(vii) Section 
76-5-401
, unlawful sexual activity with a minor, except as provided in
Subsection 
76-5-401
(3)(b) or (c);
(viii) Section 
76-5-401.1
, sexual abuse of a minor, except as provided in Subsection
76-5-401.1
(3);
(ix) Section 
76-5-401.2
, unlawful sexual conduct with a 16 or 17 year old;
(x) Section 
76-5-402
, rape;
(xi) Section 
76-5-402.1
, rape of a child;
(xii) Section 
76-5-402.2
, object rape;
(xiii) Section 
76-5-402.3
, object rape of a child;
(xiv) a felony violation of Section 
76-5-403
, forcible sodomy;
(xv) Section 
76-5-403.1
, sodomy on a child;
(xvi) Section 
76-5-404
, forcible sexual abuse;
(xvii) Section 
76-5-404.1
, sexual abuse of a child
,
 or 
Section 
76-5-404.3
,
 aggravated
sexual abuse of a child;
(xviii) Section 
76-5-405
, aggravated sexual assault;
(xix) Section 
76-5-412
, custodial sexual relations, when the individual in custody is
younger than 18 years old, if the offense is committed on or after May 10, 2011;
(xx) Section 
76-5b-201
, sexual exploitation of a minor;
(xxi) Section 
76-5b-204
, sexual extortion or aggravated sexual extortion;
(xxii) Section 
76-7-102
, incest;
(xxiii) Section 
76-9-702
, lewdness, if the individual has been convicted of the offense
four or more times;
(xxiv) Section 
76-9-702.1
, sexual battery, if the individual has been convicted of the
offense four or more times;
(xxv) any combination of convictions of Section 
76-9-702
, lewdness, and of Section
76-9-702.1
, sexual battery, that total four or more convictions;
(xxvi) Section 
76-9-702.5
, lewdness involving a child;
(xxvii) a felony or class A misdemeanor violation of Section 
76-9-702.7
, voyeurism;
(xxviii) Section 
76-10-1306
, aggravated exploitation of prostitution; or
(xxix) attempting, soliciting, or conspiring to commit any felony offense listed in this
Subsection (17)(a);
(b) (i) who 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 (17)(a); and
(ii) who is:
(A) a Utah resident; or
(B) not a Utah resident, but who, 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;
(c) (i) (A) who is required to register as a sex offender in any other jurisdiction of
original conviction;
(B) who is required to register as a sex offender by any state, federal, or military court;
or
(C) who would be required to register as a sex offender if residing in the jurisdiction of
the original conviction regardless of the date of the conviction or any previous registration
requirements; and
(ii) who, in any 12-month period, is in the state for a total of 10 or more days,
regardless of whether or not the offender intends to permanently reside in this state;
(d) (i) (A) who is a nonresident regularly employed or working in this state; or
(B) who is a student in this state; and
(ii) (A) who was convicted of one or more offenses listed in Subsection (17)(a), or any
substantially equivalent offense in any jurisdiction; or
(B) who is, as a result of the conviction, required to register in the individual's
jurisdiction of residence;
(e) who is found not guilty by reason of insanity in this state, or in any other
jurisdiction of one or more offenses listed in Subsection (17)(a); or
(f) (i) who is adjudicated under Section 
80-6-701
 for one or more offenses listed in
Subsection (17)(a); and
(ii) who has been committed to the division for secure care, as defined in Section
80-1-102
, for that offense and:
(A) the individual remains in the division's custody until 30 days before the individual's
21st birthday; or
(B) if the juvenile court extended the juvenile court's jurisdiction over the individual
under Section 
80-6-605
, the individual remains in the division's custody until 30 days before
the individual's 25th birthday.
(18) "Traffic offense" does not include a violation of Title 41, Chapter 6a, Part 5,
Driving Under the Influence and Reckless Driving.
(19) "Vehicle" means any motor vehicle, aircraft, or watercraft subject to registration in
any jurisdiction.
Section 55. Section 
77-41-106
 is amended to read:
77-41-106.
Registerable offenses.
Offenses referred to in Subsection 
77-41-105
(3)(c)(i) are:
(1) any offense listed in Subsection 
77-41-102
(9) or (17) if, at the time of the
conviction, the offender has previously been convicted of an offense listed in Subsection
77-41-102
(9) or (17) or has previously been required to register as a sex offender for an offense
committed as a juvenile;
(2) a conviction for any of the following offenses, including attempting, soliciting, or
conspiring to commit any felony of:
(a) Section 
76-5-301.1
, child kidnapping, except if the offender is a natural parent of
the victim;
(b) Section 
76-5-402
, rape;
(c) Section 
76-5-402.1
, rape of a child;
(d) Section 
76-5-402.2
, object rape;
(e) Section 
76-5-402.3
, object rape of a child;
(f) Section 
76-5-403.1
, sodomy on a child;
(g) [
Subsection 
76-5-404.1
(4)
] 
Section 
76-4-404.3
, aggravated sexual abuse of a child;
or
(h) Section 
76-5-405
, aggravated sexual assault;
(3) Section [
76-5-308
] 
76-5-308.1
, human trafficking for sexual exploitation;
(4) Section 
76-5-308.5
, human trafficking of a child for sexual exploitation;
(5) Section 
76-5-310
, aggravated human trafficking for sexual exploitation;
(6) Section 
76-5-311
, human trafficking of a vulnerable adult for sexual exploitation;
(7) Section 
76-4-401
, a felony violation of enticing a minor over the Internet;
(8) Section 
76-5-302
, aggravated kidnapping, except if the offender is a natural parent
of the victim;
(9) Section 
76-5-403
, forcible sodomy;
(10) Section 
76-5-404.1
, sexual abuse of a child;
(11) Section 
76-5b-201
, sexual exploitation of a minor;
(12) Subsection 
76-5b-204
[
(4)
]
(2)(b)
, aggravated sexual extortion; or
(13) Section 
76-10-1306
, aggravated exploitation of prostitution, on or after May 10,
2011.
Section 56. Section 
77-43-102
 is amended 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),
] 
76-5-109.2
(3)(a) or (b), aggravated
 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
10 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 57. Section 
78A-6-209
 is amended to read:
78A-6-209.
Court records -- Inspection.
(1) The juvenile court and the juvenile court's probation department shall keep records
as required by the board and the presiding judge.
(2) A court record shall be open to inspection by:
(a) the parents or guardian of a child, a minor who is at least 18 years old, other parties
in the case, the attorneys, and agencies to which custody of a minor has been transferred;
(b) for information relating to adult offenders alleged to have committed a sexual
offense, a felony or class A misdemeanor drug offense, or an offense against the person under
Title 76, Chapter 5, Offenses Against the [
Person
] 
Individual
, the State Board of Education for
the purpose of evaluating whether an individual should be permitted to obtain or retain a
license as an educator or serve as an employee or volunteer in a school, with the understanding
that the State Board of Education must provide the individual with an opportunity to respond to
any information gathered from the State Board of Education's inspection of the records before
the State Board of Education makes a decision concerning licensure or employment;
(c) the Criminal Investigations and Technical Services Division, established in Section
53-10-103
, for the purpose of a criminal history background check for the purchase of a firearm
and establishing good character for issuance of a concealed firearm permit as provided in
Section 
53-5-704
;
(d) the Division of Child and Family Services for the purpose of Child Protective
Services Investigations in accordance with Sections 
62A-4a-403
 and 
62A-4a-409
 and
administrative hearings in accordance with Section 
62A-4a-1009
;
(e) the Office of Licensing for the purpose of conducting a background check in
accordance with Section 
62A-2-120
;
(f) for information related to a minor who has committed a sexual offense, a felony, or
an offense that if committed by an adult would be a misdemeanor, the Department of Health
for the purpose of evaluating under the provisions of Subsection 
26-39-404
(3) whether a
licensee should be permitted to obtain or retain a license to provide child care, with the
understanding that the department must provide the individual who committed the offense with
an opportunity to respond to any information gathered from the Department of Health's
inspection of records before the Department of Health makes a decision concerning licensure;
(g) for information related to a minor who has committed a sexual offense, a felony, or
an offense that if committed by an adult would be a misdemeanor, the Department of Health to
determine whether an individual meets the background screening requirements of Title 26,
Chapter 21, Part 2, Clearance for Direct Patient Access, with the understanding that the
department must provide the individual who committed the offense an opportunity to respond
to any information gathered from the Department of Health's inspection of records before the
Department of Health makes a decision under that part; and
(h) for information related to a minor who has committed a sexual offense, a felony, or
an offense that if committed by an adult would be a misdemeanor, the Department of Health to
determine whether to grant, deny, or revoke background clearance under Section 
26-8a-310
 for
an individual who is seeking or who has obtained an emergency medical service personnel
license under Section 
26-8a-302
, with the understanding that the Department of Health must
provide the individual who committed the offense an opportunity to respond to any information
gathered from the Department of Health's inspection of records before the Department of
Health makes a determination.
(3) With the consent of the juvenile court, a court record may be inspected by the child,
by persons having a legitimate interest in the proceedings, and by persons conducting pertinent
research studies.
(4) If a petition is filed charging a minor who is 14 years old or older with an offense
that would be a felony if committed by an adult, the juvenile court shall make available to any
person upon request the petition, any adjudication or disposition orders, and the delinquency
history summary of the minor charged unless the records are closed by the juvenile court upon
findings on the record for good cause.
(5) A juvenile probation officer's records and reports of social and clinical studies are
not open to inspection, except by consent of the juvenile court, given under rules adopted by
the board.
(6) The juvenile court may charge a reasonable fee to cover the costs associated with
retrieving a requested record that has been archived.
Section 58. Section 
78B-2-308
 is amended to read:
78B-2-308.
Legislative findings -- Civil actions for sexual abuse of a child --
Window for revival of time barred claims.
(1) The Legislature finds that:
(a) child sexual abuse is a crime that hurts the most vulnerable in our society and
destroys lives;
(b) research over the last 30 years has shown that it takes decades for children and
adults to pull their lives back together and find the strength to face what happened to them;
(c) often the abuse is compounded by the fact that the perpetrator is a member of the
victim's family and when such abuse comes out, the victim is further stymied by the family's
wish to avoid public embarrassment;
(d) even when the abuse is not committed by a family member, the perpetrator is rarely
a stranger and, if in a position of authority, often brings pressure to bear on the victim to ensure
silence;
(e) in 1992, when the Legislature enacted the statute of limitations requiring victims to
sue within four years of majority, society did not understand the long-lasting effects of abuse
on the victim and that it takes decades for the healing necessary for a victim to seek redress;
(f) the Legislature, as the policy-maker for the state, may take into consideration
advances in medical science and understanding in revisiting policies and laws shown to be
harmful to the citizens of this state rather than beneficial; and
(g) the Legislature has the authority to change old laws in the face of new information,
and set new policies within the limits of due process, fairness, and justice.
(2) As used in this section:
(a) "Child" means an individual under 18 years [
of age
] 
old
.
(b) "Discovery" means when a victim knows or reasonably should know that the injury
or illness was caused by the intentional or negligent sexual abuse.
(c) "Injury or illness" means either a physical injury or illness or a psychological injury
or illness. A psychological injury or illness need not be accompanied by physical injury or
illness.
(d) "Molestation" means that an individual, with the intent to arouse or gratify the
sexual desire of any individual, touches the anus, buttocks, pubic area, or genitalia of any child,
or the breast of a female child, or takes indecent liberties with a child as defined in Section
[
76-5-416
] 
76-5-401.1
.
(e) "Negligently" means a failure to act to prevent the child sexual abuse from further
occurring or to report the child sexual abuse to law enforcement when the adult who could act
knows or reasonably should know of the child sexual abuse and is the victim's parent,
stepparent, adoptive parent, foster parent, legal guardian, ancestor, descendant, brother, sister,
uncle, aunt, first cousin, nephew, niece, grandparent, stepgrandparent, or any individual
cohabiting in the child's home.
(f) "Perpetrator" means an individual who has committed an act of sexual abuse.
(g) "Sexual abuse" means acts or attempted acts of sexual intercourse, sodomy, or
molestation by an adult directed towards a child.
(h) "Victim" means an individual who was intentionally or negligently sexually abused. 
It does not include individuals whose claims are derived through another individual who was
sexually abused.
(3) (a) A victim may file a civil action against a perpetrator for intentional or negligent
sexual abuse suffered as a child at any time.
(b) A victim may file a civil action against a non-perpetrator for intentional or
negligent sexual abuse suffered as a child:
(i) within four years after the individual attains the age of 18 years; or
(ii) if a victim discovers sexual abuse only after attaining the age of 18 years, that
individual may bring a civil action for such sexual abuse within four years after discovery of
the sexual abuse, whichever period expires later.
(4) The victim need not establish which act in a series of continuing sexual abuse
incidents caused the injury complained of, but may compute the date of discovery from the date
of discovery of the last act by the same perpetrator which is part of a common scheme or plan
of sexual abuse.
(5) The knowledge of a custodial parent or guardian may not be imputed to an
individual under the age of 18 years.
(6) A civil action may be brought only against a living individual who:
(a) intentionally perpetrated the sexual abuse;
(b) would be criminally responsible for the sexual abuse in accordance with Section
76-2-202
; or
(c) negligently permitted the sexual abuse to occur.
(7) A civil action against an individual described in Subsection (6)(a) or (b) for sexual
abuse that was time barred as of July 1, 2016, may be brought within 35 years of the victim's
18th birthday, or within three years of the effective date of this Subsection (7), whichever is
longer.
(8) A civil action may not be brought as provided in Subsection (7) for:
(a) any claim that has been litigated to finality on the merits in a court of competent
jurisdiction prior to July 1, 2016, however termination of a prior civil action on the basis of the
expiration of the statute of limitations does not constitute a claim that has been litigated to
finality on the merits; and
(b) any claim where a written settlement agreement was entered into between a victim
and a defendant or perpetrator, unless the settlement agreement was the result of fraud, duress,
or unconscionability. There is a rebuttable presumption that a settlement agreement signed by
the victim when the victim was not represented by an attorney admitted to practice law in this
state at the time of the settlement was the result of fraud, duress, or unconscionability.
Section 59. Section 
78B-6-117
 is amended to read:
78B-6-117.
Who may adopt -- Adoption of minor.
(1) A minor child may be adopted by an adult individual, in accordance with this
section and this part.
(2) A child may be adopted by:
(a) adults who are legally married to each other in accordance with the laws of this
state, including adoption by a stepparent; or
(b) subject to Subsections (3) and (4), a single adult.
(3) A child may not be adopted by an individual who is cohabiting in a relationship that
is not a legally valid and binding marriage under the laws of this state unless the individual is a
relative of the child or a recognized placement under the Indian Child Welfare Act, 25 U.S.C.
Sec. 1901 et seq.
(4) To provide a child who is in the custody of the division with the most beneficial
family structure, when a child in the custody of the division is placed for adoption, the division
or child-placing agency shall place the child with a married couple, unless:
(a) there are no qualified married couples who:
(i) have applied to adopt a child;
(ii) are willing to adopt the child; and
(iii) are an appropriate placement for the child;
(b) the child is placed with a relative of the child;
(c) the child is placed with an individual who has already developed a substantial
relationship with the child;
(d) the child is placed with an individual who:
(i) is selected by a parent or former parent of the child, if the parent or former parent
consented to the adoption of the child; and
(ii) the parent or former parent described in Subsection (4)(d)(i):
(A) knew the individual with whom the child is placed before the parent consented to
the adoption; or
(B) became aware of the individual with whom the child is placed through a source
other than the division or the child-placing agency that assists with the adoption of the child; or
(e) it is in the best interests of the child to place the child with a single adult.
(5) Except as provided in Subsection (6), an adult may not adopt a child if, before
adoption is finalized, the adult has been convicted of, pleaded guilty to, or pleaded no contest
to a felony or attempted felony involving conduct that constitutes any of the following:
(a) child abuse, as described in Section 
76-5-109
;
(b) child abuse homicide, as described in Section 
76-5-208
;
(c) child kidnapping, as described in Section 
76-5-301.1
;
(d) human trafficking of a child, as described in Section 
76-5-308.5
;
(e) sexual abuse of a minor, as described in Section 
76-5-401.1
;
(f) rape of a child, as described in Section 
76-5-402.1
;
(g) object rape of a child, as described in Section 
76-5-402.3
;
(h) sodomy on a child, as described in Section 
76-5-403.1
;
(i) sexual abuse of a child [
or aggravated sexual abuse of a child
], as described in
Section 
76-5-404.1
, or aggravated sexual abuse of a child, as described in Section 
76-5-404.3
;
(j) sexual exploitation of a minor, as described in Section 
76-5b-201
; [
or
]
(k) aggravated child abuse, as described in Section 
76-5-109.2
;
(l) child abandonment, as described in Section 
76-5-109.3
;
(m) commission of domestic violence in the presence of a child, as described in
Section 
76-5-114
; or
[
(k)
] 
(n)
 an offense in another state that, if committed in this state, would constitute an
offense described in this Subsection (5).
(6) (a) For purpose of this Subsection (6), "disqualifying offense" means an offense
listed in Subsection (5) that prevents a court from considering an individual for adoption of a
child except as provided in this Subsection (6).
(b) An individual described in Subsection (5) may only be considered for adoption of a
child if the following criteria are met by clear and convincing evidence:
(i) at least 10 years have elapsed from the day on which the individual is successfully
released from prison, jail, parole, or probation related to a disqualifying offense;
(ii) during the 10 years before the day on which the individual files a petition with the
court seeking adoption, the individual has not been convicted, pleaded guilty, or pleaded no
contest to an offense greater than an infraction or traffic violation that would likely impact the
health, safety, or well-being of the child;
(iii) the individual can provide evidence of successful treatment or rehabilitation
directly related to the disqualifying offense;
(iv) the court determines that the risk related to the disqualifying offense is unlikely to
cause harm, as defined in Section 
80-1-102
, or potential harm to the child currently or at any
time in the future when considering all of the following:
(A) the child's age;
(B) the child's gender;
(C) the child's development;
(D) the nature and seriousness of the disqualifying offense;
(E) the preferences of a child 12 years old or older;
(F) any available assessments, including custody evaluations, home studies,
pre-placement adoptive evaluations, parenting assessments, psychological or mental health
assessments, and bonding assessments; and
(G) any other relevant information;
(v) the individual can provide evidence of all of the following:
(A) the relationship with the child is of long duration;
(B) that an emotional bond exists with the child; and
(C) that adoption by the individual who has committed the disqualifying offense
ensures the best interests of the child are met; and
(vi) the adoption is by:
(A) a stepparent whose spouse is the adoptee's parent and consents to the adoption; or
(B) subject to Subsection (6)(d), a relative of the child as defined in Section 
80-3-102
and there is not another relative without a disqualifying offense filing an adoption petition.
(c) The individual with the disqualifying offense bears the burden of proof regarding
why adoption with that individual is in the best interest of the child over another responsible
relative or equally situated individual who does not have a disqualifying offense.
(d) If there is an alternative responsible relative who does not have a disqualifying
offense filing an adoption petition, the following applies:
(i) preference for adoption shall be given to a relative who does not have a
disqualifying offense; and
(ii) before the court may grant adoption to the individual who has the disqualifying
offense over another responsible, willing, and able relative:
(A) an impartial custody evaluation shall be completed; and
(B) a guardian ad litem shall be assigned.
(7) Subsections (5) and (6) apply to a case pending on March 25, 2017, for which a
final decision on adoption has not been made and to a case filed on or after March 25, 2017.
Section 60. Section 
78B-7-102
 is amended to read:
78B-7-102.
Definitions.
As used in this chapter:
(1) "Abuse" means, except as provided in Section 
78B-7-201
, intentionally or
knowingly causing or attempting to cause another individual physical harm or intentionally or
knowingly placing another individual in reasonable fear of imminent physical harm.
(2) "Affinity" means the same as that term is defined in Section [
76-1-601
] 
76-1-101.5
.
(3) "Civil protective order" means an order issued, subsequent to a hearing on the
petition, of which the petitioner and respondent have been given notice, under:
(a) Part 2, Child Protective Orders;
(b) Part 4, Dating Violence Protective Orders;
(c) Part 5, Sexual Violence Protective Orders; or
(d) Part 6, Cohabitant Abuse Protective Orders.
(4) "Civil stalking injunction" means a stalking injunction issued under Part 7, Civil
Stalking Injunctions.
(5) (a) "Cohabitant" means an emancipated individual under Section 
15-2-1
 or an
individual who is 16 years old or older who:
(i) is or was a spouse of the other party;
(ii) is or was living as if a spouse of the other party;
(iii) is related by blood or marriage to the other party as the individual's parent,
grandparent, sibling, or any other individual related to the individual by consanguinity or
affinity to the second degree;
(iv) has or had one or more children in common with the other party;
(v) is the biological parent of the other party's unborn child;
(vi) resides or has resided in the same residence as the other party; or
(vii) is or was in a consensual sexual relationship with the other party.
(b) "Cohabitant" does not include:
(i) the relationship of natural parent, adoptive parent, or step-parent to a minor; or
(ii) the relationship between natural, adoptive, step, or foster siblings who are under 18
years old.
(6) "Consanguinity" means the same as that term is defined in Section [
76-1-601
]
76-1-101.5
.
(7) "Criminal protective order" means an order issued under Part 8, Criminal Protective
Orders.
(8) "Criminal stalking injunction" means a stalking injunction issued under Part 9,
Criminal Stalking Injunctions.
(9) "Court clerk" means a district court clerk.
(10) (a) "Dating partner" means an individual who:
(i) (A) is an emancipated individual under Section 
15-2-1
 or Title 80, Chapter 7,
Emancipation; or
(B) is 18 years old or older; and
(ii) is, or has been, in a dating relationship with the other party.
(b) "Dating partner" does not include an intimate partner.
(11) (a) "Dating relationship" means a social relationship of a romantic or intimate
nature, or a relationship which has romance or intimacy as a goal by one or both parties,
regardless of whether the relationship involves sexual intimacy.
(b) "Dating relationship" does not include casual fraternization in a business,
educational, or social context.
(c) In determining, based on a totality of the circumstances, whether a dating
relationship exists:
(i) all relevant factors shall be considered, including:
(A) whether the parties developed interpersonal bonding above a mere casual
fraternization;
(B) the length of the parties' relationship;
(C) the nature and the frequency of the parties' interactions, including communications
indicating that the parties intended to begin a dating relationship;
(D) the ongoing expectations of the parties, individual or jointly, with respect to the
relationship;
(E) whether, by statement or conduct, the parties demonstrated an affirmation of their
relationship to others; and
(F) whether other reasons exist that support or detract from a finding that a dating
relationship exists; and
(ii) it is not necessary that all, or a particular number, of the factors described in
Subsection (11)(c)(i) are found to support the existence of a dating relationship.
(12) "Domestic violence" means the same as that term is defined in Section 
77-36-1
.
(13) "Ex parte civil protective order" means an order issued without notice to the
respondent under:
(a) Part 2, Child Protective Orders;
(b) Part 4, Dating Violence Protective Orders;
(c) Part 5, Sexual Violence Protective Orders; or
(d) Part 6, Cohabitant Abuse Protective Orders.
(14) "Ex parte civil stalking injunction" means a stalking injunction issued without
notice to the respondent under Part 7, Civil Stalking Injunctions.
(15) "Foreign protection order" means the same as that term is defined in Section
78B-7-302
.
(16) "Intimate partner" means the same as that term is defined in 18 U.S.C. Sec. 921.
(17) "Law enforcement unit" or "law enforcement agency" means any public agency
having general police power and charged with making arrests in connection with enforcement
of the criminal statutes and ordinances of this state or any political subdivision.
(18) "Peace officer" means those individuals specified in Title 53, Chapter 13, Peace
Officer Classifications.
(19) "Qualifying domestic violence offense" means the same as that term is defined in
Section 
77-36-1.1
.
(20) "Respondent" means the individual against whom enforcement of a protective
order is sought.
(21) "Stalking" means the same as that term is defined in Section 
76-5-106.5
.
Section 61. Section 
78B-7-502
 is amended to read:
78B-7-502.
Definitions.
As used in this part:
(1) "Ex parte sexual violence protective order" means an order issued without notice to
the respondent under this part.
(2) "Protective order" means:
(a) a sexual violence protective order; or
(b) an ex parte sexual violence protective order.
(3) "Sexual violence" means the commission or the attempt to commit:
(a) any sexual offense described in Title 76, Chapter 5, Part 4, Sexual Offenses, or
Title 76, Chapter 5b, Part 2, Sexual Exploitation;
(b) human trafficking for sexual exploitation under Section [
76-5-308
] 
76-5-308.1
; or
(c) aggravated human trafficking for forced sexual exploitation under Section
76-5-310
.
(4) "Sexual violence protective order" means an order issued under this part after a
hearing on the petition, of which the petitioner and respondent have been given notice.
Section 62. Section 
78B-7-801
 is amended to read:
78B-7-801.
Definitions.
As used in this part:
(1) (a) "Jail release agreement" means a written agreement that is entered into by an
individual who is arrested or issued a citation, regardless of whether the individual is booked
into jail:
(i) under which the arrested or cited individual agrees to not engage in any of the
following:
(A) telephoning, contacting, or otherwise communicating with the alleged victim,
directly or indirectly;
(B) threatening or harassing the alleged victim; or
(C) knowingly entering onto the premises of the alleged victim's residence or on
premises temporarily occupied by the alleged victim; and
(ii) that specifies other conditions of release from jail or arrest.
(b) "Jail release agreement" includes a written agreement that includes the conditions
described in Section (1)(a) entered into by a minor who is taken into custody or placed in
detention or a shelter facility under Section 
78A-6-112
.
(2) "Jail release court order" means a written court order that:
(a) orders an arrested or cited individual not to engage in any of the following:
(i) telephoning, contacting, or otherwise communicating with the alleged victim,
directly or indirectly;
(ii) threatening or harassing the alleged victim; or
(iii) knowingly entering onto the premises of the alleged victim's residence or on
premises temporarily occupied by the alleged victim; and
(b) specifies other conditions of release from jail.
(3) "Minor" means the same as that term is defined in Section 
80-1-102
.
(4) "Offense against a child or vulnerable adult" means the commission or attempted
commission of an offense described in [
Section 
76-5-109
, 
76-5-109.1
, 
76-5-110
, 
76-5-111
, or
76-9-702.1
.
]
:
(a) Section 
76-5-109
, child abuse;
(b) Section 
76-5-109.2
, aggravated child abuse;
(c) Section 
76-5-109.3
, child abandonment;
(d) Section 
76-5-110
, abuse or neglect of a child with a disability;
(e) Section 
76-5-111
, abuse of a vulnerable adult;
(f) Section 
76-5-111.2
, aggravated abuse of a vulnerable adult;
(g) Section 
76-5-111.3
, personal dignity exploitation of a vulnerable adult;
(h) Section 
76-5-111.4
, financial exploitation of a vulnerable adult;
(i) Section 
76-5-114
, commission of domestic violence in the presence of a child; or
(j) Section 
76-9-702.1
, sexual battery.
(5) "Qualifying offense" means:
(a) domestic violence;
(b) an offense against a child or vulnerable adult; or
(c) the commission or attempted commission of an offense described in Section
76-9-702.1
 or Title 76, Chapter 5, Part 4, Sexual Offenses.
Section 63. Section 
78B-7-903
 is amended to read:
78B-7-903.
Penalties.
(1) A violation of a permanent criminal stalking injunction issued under this part is a
third degree felony in accordance with Subsection [
76-5-106.5
(7)
] 
76-5-106.5
(3)(b)
.
(2) A violation of a permanent criminal stalking injunction issued under this part may
be enforced in a civil action initiated by the stalking victim, a criminal action initiated by a
prosecuting attorney, or both.
Section 64. Section 
78B-9-402
 is amended to read:
78B-9-402.
Petition for determination of factual innocence -- Sufficient
allegations -- Notification of victim -- Payment to surviving spouse.
(1) A person who has been convicted of a felony offense may petition the district court
in the county in which the person was convicted for a hearing to establish that the person is
factually innocent of the crime or crimes of which the person was convicted.
(2) (a) The petition shall contain an assertion of factual innocence under oath by the
petitioner and shall aver, with supporting affidavits or other credible documents, that:
(i) newly discovered material evidence exists that, if credible, establishes that the
petitioner is factually innocent;
(ii) the specific evidence identified by the petitioner in the petition establishes
innocence;
(iii) the material evidence is not merely cumulative of evidence that was known;
(iv) the material evidence is not merely impeachment evidence; and
(v) viewed with all the other evidence, the newly discovered evidence demonstrates
that the petitioner is factually innocent.
(b) (i) The court shall review the petition in accordance with the procedures in
Subsection (9)(b), and make a finding that the petition has satisfied the requirements of
Subsection (2)(a).
(ii) If the court finds the petition does not meet all the requirements of Subsection
(2)(a), the court shall dismiss the petition without prejudice and send notice of the dismissal to
the petitioner and the attorney general.
(3) (a) The petition shall also contain an averment that:
(i) neither the petitioner nor the petitioner's counsel knew of the evidence at the time of
trial or sentencing or in time to include the evidence in any previously filed post-trial motion or
postconviction motion, and the evidence could not have been discovered by the petitioner or
the petitioner's counsel through the exercise of reasonable diligence; or
(ii) a court has found ineffective assistance of counsel for failing to exercise reasonable
diligence in uncovering the evidence.
(b) (i) Upon entry of a finding that the petition is sufficient under Subsection (2)(a), the
court shall then review the petition to determine if Subsection (3)(a) has been satisfied.
(ii) If the court finds that the requirements of Subsection (3)(a) have not been satisfied,
the court may dismiss the petition without prejudice and give notice to the petitioner and the
attorney general of the dismissal, or the court may waive the requirements of Subsection (3)(a)
if the court finds the petition should proceed to hearing based upon the strength of the petition,
and that there is other evidence that could have been discovered through the exercise of
reasonable diligence by the petitioner or the petitioner's counsel at trial, and the other evidence:
(A) was not discovered by the petitioner or the petitioner's counsel;
(B) is material upon the issue of factual innocence; and
(C) has never been presented to a court.
(4) (a) If the conviction for which the petitioner asserts factual innocence was based
upon a plea of guilty, the petition shall contain the specific nature and content of the evidence
that establishes factual innocence.
(b) The court shall review the evidence and may dismiss the petition at any time in the
course of the proceedings, if the court finds that the evidence of factual innocence relies solely
upon the recantation of testimony or prior statements made by a witness against the petitioner,
and the recantation appears to the court to be equivocal or self serving.
(5) A person who has already obtained postconviction relief that vacated or reversed
the person's conviction or sentence may also file a petition under this part in the same manner
and form as described above, if no retrial or appeal regarding this offense is pending.
(6) If some or all of the evidence alleged to be exonerating is biological evidence
subject to DNA testing, the petitioner shall seek DNA testing in accordance with Section
78B-9-301
.
(7) Except as provided in Subsection (9), the petition and all subsequent proceedings
shall be in compliance with and governed by Utah Rules of Civil Procedure, Rule 65C and
shall include the underlying criminal case number.
(8) After a petition is filed under this section, prosecutors, law enforcement officers,
and crime laboratory personnel shall cooperate in preserving evidence and in determining the
sufficiency of the chain of custody of the evidence which is the subject of the petition.
(9) (a) A person who files a petition under this section shall serve notice of the petition
and a copy of the petition upon the office of the prosecutor who obtained the conviction and
upon the Utah attorney general.
(b) (i) The assigned judge shall conduct an initial review of the petition.
(ii) If it is apparent to the court that the petitioner is either merely relitigating facts,
issues, or evidence presented in previous proceedings or presenting issues that appear frivolous
or speculative on their face, the court shall dismiss the petition, state the basis for the dismissal,
and serve notice of dismissal upon the petitioner and the attorney general.
(iii) If, upon completion of the initial review, the court does not dismiss the petition,
the court shall order the attorney general to file a response to the petition.
(iv) The attorney general shall, within 30 days after the day on which the attorney
general receives the court's order, or within any additional period of time the court allows,
answer or otherwise respond to all proceedings initiated under this part.
(c) (i) After the time for response by the attorney general under Subsection (9)(b) has
passed, the court shall order a hearing if the court finds the petition meets the requirements of
Subsections (2) and (3) and finds there is a bona fide and compelling issue of factual innocence
regarding the charges of which the petitioner was convicted.
(ii) No bona fide and compelling issue of factual innocence exists if the petitioner is
merely relitigating facts, issues, or evidence presented in a previous proceeding or if the
petitioner is unable to identify with sufficient specificity the nature and reliability of the newly
discovered evidence that establishes the petitioner's factual innocence.
(d) (i) If the parties stipulate that the evidence establishes that the petitioner is factually
innocent, the court may find the petitioner is factually innocent without holding a hearing.
(ii) If the state will not stipulate that the evidence establishes that the petitioner is
factually innocent, no determination of factual innocence may be made by the court without
first holding a hearing under this part.
(10) The court may not grant a petition for a hearing under this part during the period
in which criminal proceedings in the matter are pending before any trial or appellate court,
unless stipulated to by the parties.
(11) Any victim of a crime that is the subject of a petition under this part, and who has
elected to receive notice under Section 
77-38-3
, shall be notified by the state's attorney of any
hearing regarding the petition.
(12) (a) A petition to determine factual innocence under this part, or Part 3,
Postconviction Testing of DNA, shall be filed separately from any petition for postconviction
relief under Part 1, General Provisions.
(b) Separate petitions may be filed simultaneously in the same court.
(13) The procedures governing the filing and adjudication of a petition to determine
factual innocence apply to all petitions currently filed or pending in the district court and any
new petitions filed on or after June 1, 2012.
(14) (a) As used in this Subsection (14) and in Subsection (15):
(i) "Married" means the legal marital relationship established between two individuals
and as recognized by the law; and
(ii) "Spouse" means an individual married to the petitioner at the time the petitioner
was found guilty of the offense regarding which a petition is filed and who has since then been
continuously married to the petitioner until the petitioner's death.
(b) A claim for determination of factual innocence under this part is not extinguished
upon the death of the petitioner.
(c) (i) If any payments are already being made to the petitioner under this part at the
time of the death of the petitioner, or if the finding of factual innocence occurs after the death
of the petitioner, the payments due under Section 
78B-9-405
 shall be paid in accordance with
Section 
78B-9-405
 to the petitioner's surviving spouse.
(ii) Payments cease upon the death of the spouse.
(15) The spouse under Subsection (14) forfeits all rights to receive any payment under
this part if the spouse is charged with a homicide established by a preponderance of the
evidence that meets the elements of any felony homicide offense in Title 76, Chapter 5,
Offenses Against the [
Person
] 
Individual
, except automobile homicide, applying the same
principles of culpability and defenses as in Title 76, Utah Criminal Code, including Title 76,
Chapter 2, Principles of Criminal Responsibility.
Section 65. Section 
80-1-102
 is amended to read:
80-1-102.
Juvenile code definitions.
As used in this title:
(1) (a) "Abuse" means:
(i) (A) nonaccidental harm of a child;
(B) threatened harm of a child;
(C) sexual exploitation;
(D) sexual abuse; or
(E) human trafficking of a child in violation of Section 
76-5-308.5
; or
(ii) that a child's natural parent:
(A) intentionally, knowingly, or recklessly causes the death of another parent of the
child;
(B) is identified by a law enforcement agency as the primary suspect in an investigation
for intentionally, knowingly, or recklessly causing the death of another parent of the child; or
(C) is being prosecuted for or has been convicted of intentionally, knowingly, or
recklessly causing the death of another parent of the child.
(b) "Abuse" does not include:
(i) reasonable discipline or management of a child, including withholding privileges;
(ii) conduct described in Section 
76-2-401
; or
(iii) the use of reasonable and necessary physical restraint or force on a child:
(A) in self-defense;
(B) in defense of others;
(C) to protect the child; or
(D) to remove a weapon in the possession of a child for any of the reasons described in
Subsections (1)(b)(iii)(A) through (C).
(2) "Abused child" means a child who has been subjected to abuse.
(3) (a) "Adjudication" means a finding by the court, incorporated in a decree, that the
facts alleged in the petition have been proved.
(b) "Adjudication" does not mean a finding of not competent to proceed in accordance
with Section 
80-6-402
.
(4) (a) "Adult" means an individual who is 18 years old or older.
(b) "Adult" does not include an individual:
(i) who is 18 years old or older; and
(ii) who is a minor.
(5) "Attorney guardian ad litem" means the same as that term is defined in Section
78A-2-801
.
(6) "Board" means the Board of Juvenile Court Judges.
(7) "Child" means an individual who is under 18 years old.
(8) "Child and family plan" means a written agreement between a child's parents or
guardian and the Division of Child and Family Services as described in Section 
62A-4a-205
.
(9) "Child placement agency" means:
(a) a private agency licensed to receive a child for placement or adoption under this
code; or
(b) a private agency that receives a child for placement or adoption in another state,
which is licensed or approved where such license or approval is required by law.
(10) "Clandestine laboratory operation" means the same as that term is defined in
Section 
58-37d-3
.
(11) "Commit" or "committed" means, unless specified otherwise:
(a) with respect to a child, to transfer legal custody; and
(b) with respect to a minor who is at least 18 years old, to transfer custody.
(12) "Community-based program" means a nonsecure residential or nonresidential
program, designated to supervise and rehabilitate juvenile offenders, that prioritizes the least
restrictive setting, consistent with public safety, and operated by or under contract with the
Division of Juvenile Justice Services.
(13) "Community placement" means placement of a minor in a community-based
program described in Section 
80-5-402
.
(14) "Correctional facility" means:
(a) a county jail; or
(b) a secure correctional facility as defined in Section 
64-13-1
.
(15) "Criminogenic risk factors" means evidence-based factors that are associated with
a minor's likelihood of reoffending.
(16) "Department" means the Department of Human Services created in Section
62A-1-102
.
(17) "Dependent child" or "dependency" means a child who is without proper care
through no fault of the child's parent, guardian, or custodian.
(18) "Deprivation of custody" means transfer of legal custody by the juvenile court
from a parent or a previous custodian to another person, agency, or institution.
(19) "Detention" means home detention or secure detention.
(20) "Detention risk assessment tool" means an evidence-based tool established under
Section 
80-5-203
 that:
(a) assesses a minor's risk of failing to appear in court or reoffending before
adjudication; and
(b) is designed to assist in making a determination of whether a minor shall be held in
detention.
(21) "Developmental immaturity" means incomplete development in one or more
domains that manifests as a functional limitation in the minor's present ability to:
(a) consult with counsel with a reasonable degree of rational understanding; and
(b) have a rational as well as factual understanding of the proceedings.
(22) "Disposition" means an order by a juvenile court, after the adjudication of a
minor, under Section 
80-3-405
 or 
80-4-305
 or Chapter 6, Part 7, Adjudication and Disposition.
(23) "Educational neglect" means that, after receiving a notice of compulsory education
violation under Section 
53G-6-202
, the parent or guardian fails to make a good faith effort to
ensure that the child receives an appropriate education.
(24) "Educational series" means an evidence-based instructional series:
(a) obtained at a substance abuse program that is approved by the Division of
Substance Abuse and Mental Health in accordance with Section 
62A-15-105
; and
(b) designed to prevent substance use or the onset of a mental health disorder.
(25) "Emancipated" means the same as that term is defined in Section 
80-7-102
.
(26) "Evidence-based" means a program or practice that has had multiple randomized
control studies or a meta-analysis demonstrating that the program or practice is effective for a
specific population or has been rated as effective by a standardized program evaluation tool. 
(27) "Forensic evaluator" means the same as that term is defined in Section 
77-15-2
.
(28) "Formal probation" means a minor is:
(a) supervised in the community by, and reports to, a juvenile probation officer or an
agency designated by the juvenile court; and
(b) subject to return to the juvenile court in accordance with Section 
80-6-607
.
(29) "Group rehabilitation therapy" means psychological and social counseling of one
or more individuals in the group, depending upon the recommendation of the therapist.
(30) "Guardian" means a person appointed by a court to make decisions regarding a
minor, including the authority to consent to:
(a) marriage;
(b) enlistment in the armed forces;
(c) major medical, surgical, or psychiatric treatment; or
(d) legal custody, if legal custody is not vested in another individual, agency, or
institution.
(31) "Guardian ad litem" means the same as that term is defined in Section 
78A-2-801
.
(32) "Harm" means:
(a) physical or developmental injury or damage;
(b) emotional damage that results in a serious impairment in the child's growth,
development, behavior, or psychological functioning;
(c) sexual abuse; or
(d) sexual exploitation.
(33) "Home detention" means placement of a minor:
(a) if prior to a disposition, in the minor's home, or in a surrogate home with the
consent of the minor's parent, guardian, or custodian, under terms and conditions established by
the Division of Juvenile Justice Services or the juvenile court; or
(b) if after a disposition, and in accordance with Section 
78A-6-353
 or 
80-6-704
, in the
minor's home, or in a surrogate home with the consent of the minor's parent, guardian, or
custodian, under terms and conditions established by the Division of Juvenile Justice Services
or the juvenile court.
(34) (a) "Incest" means engaging in sexual intercourse with an individual whom the
perpetrator knows to be the perpetrator's ancestor, descendant, brother, sister, uncle, aunt,
nephew, niece, or first cousin.
(b) "Incest" includes:
(i) blood relationships of the whole or half blood, without regard to legitimacy;
(ii) relationships of parent and child by adoption; and
(iii) relationships of stepparent and stepchild while the marriage creating the
relationship of a stepparent and stepchild exists.
(35) "Indian child" means the same as that term is defined in 25 U.S.C. Sec. 1903.
(36) "Indian tribe" means the same as that term is defined in 25 U.S.C. Sec. 1903.
(37) "Indigent defense service provider" means the same as that term is defined in
Section 
78B-22-102
.
(38) "Indigent defense services" means the same as that term is defined in Section
78B-22-102
.
(39) "Indigent individual" means the same as that term is defined in Section
78B-22-102
.
(40) (a) "Intake probation" means a minor is:
(i) monitored by a juvenile probation officer; and
(ii) subject to return to the juvenile court in accordance with Section 
80-6-607
.
(b) "Intake probation" does not include formal probation.
(41) "Intellectual disability" means a significant subaverage general intellectual
functioning existing concurrently with deficits in adaptive behavior that constitutes a
substantial limitation to the individual's ability to function in society.
(42) "Juvenile offender" means:
(a) a serious youth offender; or
(b) a youth offender.
(43) "Juvenile probation officer" means a probation officer appointed under Section
78A-6-205
.
(44) "Juvenile receiving center" means a nonsecure, nonresidential program established
by the Division of Juvenile Justice Services, or under contract with the Division of Juvenile
Justice Services, that is responsible for minors taken into temporary custody under Section
80-6-201
.
(45) "Legal custody" means a relationship embodying:
(a) the right to physical custody of the minor;
(b) the right and duty to protect, train, and discipline the minor;
(c) the duty to provide the minor with food, clothing, shelter, education, and ordinary
medical care;
(d) the right to determine where and with whom the minor shall live; and
(e) the right, in an emergency, to authorize surgery or other extraordinary care.
(46) "Mental illness" means:
(a) a psychiatric disorder that substantially impairs an individual's mental, emotional,
behavioral, or related functioning; or
(b) the same as that term is defined in:
(i) the current edition of the Diagnostic and Statistical Manual of Mental Disorders
published by the American Psychiatric Association; or
(ii) the current edition of the International Statistical Classification of Diseases and
Related Health Problems.
(47) "Minor" means, except as provided in Sections 
80-6-501
, 
80-6-901
, and 
80-7-102
:
(a) a child; or
(b) an individual:
(i) (A) who is at least 18 years old and younger than 21 years old; and
(B) for whom the Division of Child and Family Services has been specifically ordered
by the juvenile court to provide services because the individual was an abused, neglected, or
dependent child or because the individual was adjudicated for an offense; or
(ii) (A) who is at least 18 years old and younger than 25 years old; and
(B) whose case is under the continuing jurisdiction of the juvenile court under Chapter
6, Juvenile Justice.
(48) "Mobile crisis outreach team" means the same as that term is defined in Section
62A-15-102
.
(49) "Molestation" means that an individual, with the intent to arouse or gratify the
sexual desire of any individual, touches the anus, buttocks, pubic area, or genitalia of any child,
or the breast of a female child, or takes indecent liberties with a child as defined in Section
[
76-5-416
] 
76-5-401.1
.
(50) (a) "Natural parent" means a minor's biological or adoptive parent.
(b) "Natural parent" includes the minor's noncustodial parent.
(51) (a) "Neglect" means action or inaction causing:
(i) abandonment of a child, except as provided in Title 62A, Chapter 4a, Part 8, Safe
Relinquishment of a Newborn Child;
(ii) lack of proper parental care of a child by reason of the fault or habits of the parent,
guardian, or custodian;
(iii) failure or refusal of a parent, guardian, or custodian to provide proper or necessary
subsistence or medical care, or any other care necessary for the child's health, safety, morals, or
well-being;
(iv) a child to be at risk of being neglected or abused because another child in the same
home is neglected or abused;
(v) abandonment of a child through an unregulated custody transfer; or
(vi) educational neglect.
(b) "Neglect" does not include:
(i) a parent or guardian legitimately practicing religious beliefs and who, for that
reason, does not provide specified medical treatment for a child;
(ii) a health care decision made for a child by the child's parent or guardian, unless the
state or other party to a proceeding shows, by clear and convincing evidence, that the health
care decision is not reasonable and informed;
(iii) a parent or guardian exercising the right described in Section 
80-3-304
; or
(iv) permitting a child, whose basic needs are met and who is of sufficient age and
maturity to avoid harm or unreasonable risk of harm, to engage in independent activities,
including:
(A) traveling to and from school, including by walking, running, or bicycling;
(B) traveling to and from nearby commercial or recreational facilities;
(C) engaging in outdoor play;
(D) remaining in a vehicle unattended, except under the conditions described in
Subsection 
76-10-2202
(2);
(E) remaining at home unattended; or
(F) engaging in a similar independent activity.
(52) "Neglected child" means a child who has been subjected to neglect.
(53) "Nonjudicial adjustment" means closure of the case by the assigned juvenile
probation officer, without an adjudication of the minor's case under Section 
80-6-701
, upon the
consent in writing of:
(a) the assigned juvenile probation officer; and
(b) (i) the minor; or
(ii) the minor and the minor's parent, legal guardian, or custodian.
(54) "Not competent to proceed" means that a minor, due to a mental illness,
intellectual disability or related condition, or developmental immaturity, lacks the ability to:
(a) understand the nature of the proceedings against the minor or of the potential
disposition for the offense charged; or
(b) consult with counsel and participate in the proceedings against the minor with a
reasonable degree of rational understanding.
(55) "Parole" means a conditional release of a juvenile offender from residency in
secure care to live outside of secure care under the supervision of the Division of Juvenile
Justice Services, or another person designated by the Division of Juvenile Justice Services.
(56) "Physical abuse" means abuse that results in physical injury or damage to a child.
(57) (a) "Probation" means a legal status created by court order, following an
adjudication under Section 
80-6-701
, whereby the minor is permitted to remain in the minor's
home under prescribed conditions.
(b) "Probation" includes intake probation or formal probation.
(58) "Prosecuting attorney" means:
(a) the attorney general and any assistant attorney general;
(b) any district attorney or deputy district attorney;
(c) any county attorney or assistant county attorney; and
(d) any other attorney authorized to commence an action on behalf of the state.
(59) "Protective custody" means the shelter of a child by the Division of Child and
Family Services from the time the child is removed from the home until the earlier of:
(a) the day on which the shelter hearing is held under Section 
80-3-301
; or
(b) the day on which the child is returned home.
(60) "Protective supervision" means a legal status created by court order, following an
adjudication on the ground of abuse, neglect, or dependency, whereby:
(a) the minor is permitted to remain in the minor's home; and
(b) supervision and assistance to correct the abuse, neglect, or dependency is provided
by an agency designated by the juvenile court.
(61) (a) "Related condition" means a condition that:
(i) is found to be closely related to intellectual disability;
(ii) results in impairment of general intellectual functioning or adaptive behavior
similar to that of an intellectually disabled individual;
(iii) is likely to continue indefinitely; and
(iv) constitutes a substantial limitation to the individual's ability to function in society.
(b) "Related condition" does not include mental illness, psychiatric impairment, or
serious emotional or behavioral disturbance.
(62) (a) "Residual parental rights and duties" means the rights and duties remaining
with a parent after legal custody or guardianship, or both, have been vested in another person or
agency, including:
(i) the responsibility for support;
(ii) the right to consent to adoption;
(iii) the right to determine the child's religious affiliation; and
(iv) the right to reasonable parent-time unless restricted by the court.
(b) If no guardian has been appointed, "residual parental rights and duties" includes the
right to consent to:
(i) marriage;
(ii) enlistment; and
(iii) major medical, surgical, or psychiatric treatment.
(63) "Runaway" means a child, other than an emancipated child, who willfully leaves
the home of the child's parent or guardian, or the lawfully prescribed residence of the child,
without permission.
(64) "Secure care" means placement of a minor, who is committed to the Division of
Juvenile Justice Services for rehabilitation, in a facility operated by, or under contract with, the
Division of Juvenile Justice Services, that provides 24-hour supervision and confinement of the
minor.
(65) "Secure care facility" means a facility, established in accordance with Section
80-5-503
, for juvenile offenders in secure care.
(66) "Secure detention" means temporary care of a minor who requires secure custody
in a physically restricting facility operated by, or under contract with, the Division of Juvenile
Justice Services:
(a) before disposition of an offense that is alleged to have been committed by the
minor; or
(b) under Section 
80-6-704
.
(67) "Serious youth offender" means an individual who:
(a) is at least 14 years old, but under 25 years old;
(b) committed a felony listed in Subsection 
80-6-503
(1) and the continuing jurisdiction
of the juvenile court was extended over the individual's case until the individual was 25 years
old in accordance with Section 
80-6-605
; and
(c) is committed by the juvenile court to the Division of Juvenile Justice Services for
secure care under Sections 
80-6-703
 and 
80-6-705
.
(68) "Severe abuse" means abuse that causes or threatens to cause serious harm to a
child.
(69) "Severe neglect" means neglect that causes or threatens to cause serious harm to a
child.
(70) "Sexual abuse" means:
(a) an act or attempted act of sexual intercourse, sodomy, incest, or molestation by an
adult directed towards a child;
(b) an act or attempted act of sexual intercourse, sodomy, incest, or molestation
committed by a child towards another child if:
(i) there is an indication of force or coercion;
(ii) the children are related, as described in Subsection (34), including siblings by
marriage while the marriage exists or by adoption;
(iii) there have been repeated incidents of sexual contact between the two children,
unless the children are 14 years old or older; or
(iv) there is a disparity in chronological age of four or more years between the two
children;
(c) engaging in any conduct with a child that would constitute an offense under any of
the following, regardless of whether the individual who engages in the conduct is actually
charged with, or convicted of, the offense:
(i) Title 76, Chapter 5, Part 4, Sexual Offenses, except for Section 
76-5-401
, if the
alleged perpetrator of an offense described in Section 
76-5-401
 is a minor;
(ii) child bigamy, Section 
76-7-101.5
;
(iii) incest, Section 
76-7-102
;
(iv) lewdness, Section 
76-9-702
;
(v) sexual battery, Section 
76-9-702.1
;
(vi) lewdness involving a child, Section 
76-9-702.5
; or
(vii) voyeurism, Section 
76-9-702.7
; or
(d) subjecting a child to participate in or threatening to subject a child to participate in
a sexual relationship, regardless of whether that sexual relationship is part of a legal or cultural
marriage.
(71) "Sexual exploitation" means knowingly:
(a) employing, using, persuading, inducing, enticing, or coercing any child to:
(i) pose in the nude for the purpose of sexual arousal of any individual; or
(ii) engage in any sexual or simulated sexual conduct for the purpose of photographing,
filming, recording, or displaying in any way the sexual or simulated sexual conduct;
(b) displaying, distributing, possessing for the purpose of distribution, or selling
material depicting a child:
(i) in the nude, for the purpose of sexual arousal of any individual; or
(ii) engaging in sexual or simulated sexual conduct; or
(c) engaging in any conduct that would constitute an offense under Section 
76-5b-201
,
sexual exploitation of a minor, regardless of whether the individual who engages in the conduct
is actually charged with, or convicted of, the offense.
(72) "Shelter" means the temporary care of a child in a physically unrestricted facility
pending a disposition or transfer to another jurisdiction.
(73) "Shelter facility" means the same as that term is defined in Section 
62A-4a-101
.
(74) "Single criminal episode" means the same as that term is defined in Section
76-1-401
.
(75) "Status offense" means an offense that would not be an offense but for the age of
the offender.
(76) "Substance abuse" means the misuse or excessive use of alcohol or other drugs or
substances.
(77) "Substantiated" means the same as that term is defined in Section 
62A-4a-101
.
(78) "Supported" means the same as that term is defined in Section 
62A-4a-101
.
(79) "Termination of parental rights" means the permanent elimination of all parental
rights and duties, including residual parental rights and duties, by court order.
(80) "Therapist" means:
(a) an individual employed by a state division or agency for the purpose of conducting
psychological treatment and counseling of a minor in the division's or agency's custody; or
(b) any other individual licensed or approved by the state for the purpose of conducting
psychological treatment and counseling.
(81) "Threatened harm" means actions, inactions, or credible verbal threats, indicating
that the child is at an unreasonable risk of harm or neglect.
(82) "Ungovernable" means a child in conflict with a parent or guardian, and the
conflict:
(a) results in behavior that is beyond the control or ability of the child, or the parent or
guardian, to manage effectively;
(b) poses a threat to the safety or well-being of the child, the child's family, or others;
or
(c) results in the situations described in Subsections (82)(a) and (b).
(83) "Unregulated custody transfer" means the placement of a child:
(a) with an individual who is not the child's parent, step-parent, grandparent, adult
sibling, adult uncle or aunt, or legal guardian, or a friend of the family who is an adult and with
whom the child is familiar, or a member of the child's federally recognized tribe;
(b) with the intent of severing the child's existing parent-child or guardian-child
relationship; and
(c) without taking:
(i) reasonable steps to ensure the safety of the child and permanency of the placement;
and
(ii) the necessary steps to transfer the legal rights and responsibilities of parenthood or
guardianship to the individual taking custody of the child.
(84) "Unsupported" means the same as that term is defined in Section 
62A-4a-101
.
(85) "Unsubstantiated" means the same as that term is defined in Section 
62A-4a-101
.
(86) "Validated risk and needs assessment" means an evidence-based tool that assesses
a minor's risk of reoffending and a minor's criminogenic needs.
(87) "Without merit" means the same as that term is defined in Section 
62A-4a-101
.
(88) "Youth offender" means an individual who is:
(a) at least 12 years old, but under 21 years old; and
(b) committed by the juvenile court to the Division of Juvenile Justice Services for
secure care under Sections 
80-6-703
 and 
80-6-705
.
Section 66. Section 
80-6-304
 is amended to read:
80-6-304.
Nonjudicial adjustments.
(1) If the juvenile court receives a referral for an offense committed by a minor that is,
or appears to be, within the juvenile court's jurisdiction, a juvenile probation officer shall make
a preliminary inquiry in accordance with Subsections (3), (4), and (5) to determine whether the
minor is eligible to enter into a nonjudicial adjustment.
(2) If a minor is referred to the juvenile court for multiple offenses arising from a
single criminal episode, and the minor is eligible under this section for a nonjudicial
adjustment, the juvenile probation officer shall offer the minor one nonjudicial adjustment for
all offenses arising from the single criminal episode.
(3) (a) The juvenile probation officer may:
(i) conduct a validated risk and needs assessment; and
(ii) request that a prosecuting attorney review a referral in accordance with Subsection
(9) if:
(A) the results of the validated risk and needs assessment indicate the minor is high
risk; or
(B) the results of the validated risk and needs assessment indicate the minor is
moderate risk and the referral is for a class A misdemeanor violation under Title 76, Chapter 5,
Offenses Against the [
Person
] 
Individual
, or Title 76, Chapter 9, Part 7, Miscellaneous
Provisions.
(b) If a minor violates Section 
41-6a-502
, the minor shall:
(i) undergo a drug and alcohol screening;
(ii) if found appropriate by the screening, participate in an assessment; and
(iii) if warranted by the screening and assessment, follow the recommendations of the
assessment.
(4) Except as provided in Subsection (5)(b), the juvenile probation officer shall request
that a prosecuting attorney review a referral in accordance with Subsection (9) if:
(a) the referral involves:
(i) a felony offense; or
(ii) a violation of:
(A) Section 
41-6a-502
, driving under the influence;
(B) Section 
76-5-112
, reckless endangerment creating a substantial risk of death or
serious bodily injury;
(C) Section 
76-5-206
, negligent homicide;
(D) Section 
76-9-702.1
, sexual battery;
(E) Section 
76-10-505.5
, possession of a dangerous weapon, firearm, or short barreled
shotgun on or about school premises; or
(F) Section 
76-10-509
, possession of a dangerous weapon by minor, but only if the
dangerous weapon is a firearm;
(b) the minor has a current suspended order for custody under Section 
80-6-711
; or
(c) the referral involves an offense alleged to have occurred before an individual was
12 years old and the offense is a felony violation of:
(i) Section 
76-5-103
, aggravated assault resulting in serious bodily injury to another;
(ii) Section 
76-5-202
, aggravated murder or attempted aggravated murder;
(iii) Section 
76-5-203
, murder or attempted murder;
(iv) Section 
76-5-302
, aggravated kidnapping;
(v) Section 
76-5-405
, aggravated sexual assault;
(vi) Section 
76-6-103
, aggravated arson;
(vii) Section 
76-6-203
, aggravated burglary;
(viii) Section 
76-6-302
, aggravated robbery; or
(ix) Section 
76-10-508.1
, felony discharge of a firearm.
(5) (a) Except as provided in Subsections (3) and (4), the juvenile probation officer
shall offer a nonjudicial adjustment to a minor if the minor:
(i) is referred for an offense that is a misdemeanor, infraction, or status offense;
(ii) has no more than two prior adjudications; and
(iii) has no more than three prior unsuccessful nonjudicial adjustment attempts.
(b) If the juvenile court receives a referral for an offense that is alleged to have
occurred before an individual was 12 years old, the juvenile probation officer shall offer a
nonjudicial adjustment to the individual, unless the referral includes an offense described in
Subsection (4)(c).
(c) (i) For purposes of determining a minor's eligibility for a nonjudicial adjustment
under this Subsection (5), the juvenile probation officer shall treat all offenses arising out of a
single criminal episode that resulted in a nonjudicial adjustment as one prior nonjudicial
adjustment.
(ii) For purposes of determining a minor's eligibility for a nonjudicial adjustment under
this Subsection (5), the juvenile probation officer shall treat all offenses arising out of a single
criminal episode that resulted in one or more prior adjudications as a single adjudication.
(d) Except as provided in Subsection (4), the juvenile probation officer may offer a
nonjudicial adjustment to a minor who does not meet the criteria provided in Subsection (5)(a).
(6) For a nonjudicial adjustment, the juvenile probation officer may require a minor to:
(a) pay a financial penalty of no more than $250 to the juvenile court, subject to the
terms established under Subsection (8)(c);
(b) pay restitution to any victim;
(c) complete community or compensatory service;
(d) attend counseling or treatment with an appropriate provider;
(e) attend substance abuse treatment or counseling;
(f) comply with specified restrictions on activities or associations;
(g) attend victim-offender mediation if requested by the victim; and
(h) comply with any other reasonable action that is in the interest of the minor, the
community, or the victim.
(7) (a) Within seven days of receiving a referral that appears to be eligible for a
nonjudicial adjustment in accordance with Subsection (5), the juvenile probation officer shall
provide an initial notice to reasonably identifiable and locatable victims of the offense
contained in the referral.
(b) The victim shall be responsible to provide to the juvenile probation officer upon
request:
(i) invoices, bills, receipts, and any other evidence of injury, loss of earnings, and
out-of-pocket loss;
(ii) documentation and evidence of compensation or reimbursement from an insurance
company or an agency of the state, any other state, or the federal government received as a
direct result of the crime for injury, loss of earnings, or out-of-pocket loss; and
(iii) proof of identification, including home and work address and telephone numbers.
(c) The inability, failure, or refusal of the victim to provide all or part of the requested
information shall result in the juvenile probation officer determining restitution based on the
best information available.
(8) (a) The juvenile probation officer may not predicate acceptance of an offer of a
nonjudicial adjustment on an admission of guilt.
(b) The juvenile probation officer may not deny a minor an offer of a nonjudicial
adjustment due to a minor's inability to pay a financial penalty under Subsection (6).
(c) The juvenile probation officer shall base a fee, fine, or the restitution for a
nonjudicial adjustment under Subsection (6) upon the ability of the minor's family to pay as
determined by a statewide sliding scale developed in accordance with Section 
63M-7-208
.
(d) A nonjudicial adjustment may not extend for more than 90 days, unless a juvenile
court judge extends the nonjudicial adjustment for an additional 90 days.
(e) (i) Notwithstanding Subsection (8)(d), a juvenile court judge may extend a
nonjudicial adjustment beyond the 180 days permitted under Subsection (8)(d) for a minor who
is offered a nonjudicial adjustment under Subsection (5)(b) for a sexual offense under Title 76,
Chapter 5, Part 4, Sexual Offenses, or is referred under Subsection (9)(b)(ii) for a sexual
offense under Title 76, Chapter 5, Part 4, Sexual Offenses, that the minor committed before the
minor was 12 years old, if the judge determines that:
(A) the nonjudicial adjustment requires specific treatment for the sexual offense;
(B) the treatment cannot be completed within 180 days after the day on which the
minor entered into the nonjudicial adjustment; and
(C) the treatment is necessary based on a clinical assessment that is developmentally
appropriate for the minor.
(ii) If a juvenile court judge extends a minor's nonjudicial adjustment under Subsection
(8)(e)(i), the judge may extend the nonjudicial adjustment until the minor completes the
treatment under this Subsection (8)(e), but the judge may only grant each extension for 90 days
at a time.
(f) If a minor violates Section 
76-10-105
, the minor may be required to pay a fine or
penalty and participate in a court-approved tobacco education program with a participation fee.
(9) If a prosecuting attorney is requested to review a referral in accordance with
Subsection (3) or (4), a minor fails to substantially comply with a condition agreed upon as part
of the nonjudicial adjustment, or a minor is not offered or declines a nonjudicial adjustment in
accordance with Subsection (5), the prosecuting attorney shall:
(a) review the case; and
(b) (i) dismiss the case;
(ii) refer the case back to the juvenile probation officer for a new attempt at nonjudicial
adjustment; or
(iii) except as provided in Subsections (10)(b), (11), and 
80-6-305
(2), file a petition
with the juvenile court.
(10) (a) A prosecuting attorney may file a petition only upon reasonable belief that:
(i) the charges are supported by probable cause;
(ii) admissible evidence will be sufficient to support adjudication beyond a reasonable
doubt; and
(iii) the decision to charge is in the interests of justice.
(b) Failure to pay a fine or fee may not serve as a basis for filing of a petition under
Subsection (9)(b)(iii) if the minor has substantially complied with the other conditions agreed
upon in accordance with Subsection (6) or conditions imposed through any other court
diversion program.
(11) A prosecuting attorney may not file a petition against a minor unless:
(a) the prosecuting attorney has statutory authority to file the petition under Section
80-6-305
; and
(b) (i) the minor does not qualify for a nonjudicial adjustment under Subsection (5);
(ii) the minor declines a nonjudicial adjustment;
(iii) the minor fails to substantially comply with the conditions agreed upon as part of
the nonjudicial adjustment;
(iv) the minor fails to respond to the juvenile probation officer's inquiry regarding
eligibility for or an offer of a nonjudicial adjustment after being provided with notice for
preliminary inquiry; or
(v) the prosecuting attorney is acting under Subsection (9).
(12) If the prosecuting attorney files a petition in a juvenile court, or a proceeding is
commenced against a minor under Section 
80-6-302
, the juvenile court may refer the case to
the juvenile probation officer for another offer of nonjudicial adjustment.
Section 67. Section 
80-6-703
 is amended to read:
80-6-703.
Placement of a child -- Commitment of a minor to the division --
Limitations.
(1) (a) If a child is adjudicated for an offense under Section 
80-6-701
, the juvenile
court may:
(i) place the child in the legal custody of a relative or other suitable individual
regardless of whether the minor is placed on probation under Subsection 
80-6-702
(1); or
(ii) appoint a guardian for the child if it appears that a guardian is necessary in the
interest of the child.
(b) The juvenile court may not assume the function of developing foster home services
in placing a child in the legal custody of a relative or other suitable individual under Subsection
(1)(a).
(c) (i) If the juvenile court appoints a guardian for a child under Subsection (1)(a)(ii),
the juvenile court:
(A) may appoint a public or private institution or agency as the guardian of the child;
and
(B) may not appoint a nonsecure residential placement provider for which legal
custody of the child is vested.
(d) In placing a child under the guardianship or legal custody of an individual or
private agency or institution under Subsection (1)(a)(ii), the juvenile court:
(i) shall give primary consideration to the welfare of the child; and
(ii) may take into consideration the religious preferences of the child and the child's
parent.
(2) If a minor is adjudicated under Section 
80-6-701
, the juvenile court shall only
commit the minor to the division and order the division to provide recommendations and
services if:
(a) nonresidential treatment options have been exhausted or nonresidential treatment
options are not appropriate; and
(b) the minor is adjudicated under this chapter for:
(i) a felony;
(ii) a misdemeanor when the minor has five prior misdemeanors or felony
adjudications arising from separate criminal episodes; or
(iii) a misdemeanor involving the use of a dangerous weapon as defined in Section
[
76-1-601
] 
76-1-101.5
.
(3) A juvenile court may not commit a minor to the division:
(a) for residential observation and evaluation or residential observation and
assessment;
(b) for contempt of court, except to the extent permitted under Section 
78A-6-353
;
(c) for a violation of probation;
(d) for failure to pay a fine, fee, restitution, or other financial obligation;
(e) for unfinished compensatory or community service hours;
(f) for an infraction; or
(g) for a status offense.
(4) If the juvenile court commits a minor to the division, the juvenile court shall:
(a) find whether the minor is being committed to the division for placement in a
community-based program, secure detention under Section 
80-6-704
, or secure care under
Section 
80-6-705
;
(b) specify the criteria under Subsection (3) for which the juvenile court is committing
the minor to the division; and
(c) establish the period of time that the minor is committed to the division in
accordance with Section 
80-6-712
.
(5) (a) Except for an order for secure care under Section 
80-6-705
, if the juvenile court
commits a minor to the division, or places the minor with an individual under this section, the
juvenile court shall include in the order a date for a review and presumptive termination of the
minor's case by the juvenile court in accordance with Section 
80-6-712
.
(b) For each review of a minor's case under Subsection (5)(a), the juvenile court shall
set a new date for a review and presumptive termination of the minor's case.
(6) If a minor is adjudicated for an offense under Section 
80-6-701
, a juvenile court
may not commit a minor to:
(a) except as provided in Subsection (7), the Division of Child and Family Services; or
(b) a correctional facility.
(7) The juvenile court may not commit a minor to the Division of Child and Family
Services to address the minor's ungovernable or other behavior, mental health, or disability,
unless the Division of Child and Family Services:
(a) engages other relevant divisions of the department in conducting an assessment of
the minor and the minor's family's needs;
(b) based on an assessment under Subsection (7)(a), determines that committing the
minor to the Division of Child and Family Services is the least restrictive intervention for the
minor that meets the minor's needs; and
(c) consents to the minor being committed to the Division of Child and Family
Services.
(8) If a minor is committed to the division under this section, the division may not
transfer custody of the minor to a correctional facility.
Section 68. Section 
80-6-705
 is amended to read:
80-6-705.
Secure care -- Limitations -- Order for therapy for parent with minor
in secure care.
(1) If a minor is adjudicated for an offense under Section 
80-6-701
, the juvenile court
may order the minor to secure care if the juvenile court finds that:
(a) (i) the minor poses a risk of harm to others; or
(ii) the minor's conduct resulted in the victim's death; and
(b) the minor is adjudicated for:
(i) a felony offense;
(ii) a misdemeanor offense if the minor has five prior misdemeanor or felony
adjudications arising from separate criminal episodes; or
(iii) a misdemeanor offense involving use of a dangerous weapon as defined in Section
[
76-1-601
] 
76-1-101.5
.
(2) A juvenile court may not order a minor to secure care for:
(a) contempt of court;
(b) a violation of probation;
(c) failure to pay a fine, fee, restitution, or other financial obligation;
(d) unfinished compensatory or community service hours;
(e) an infraction; or
(f) a status offense.
(3) The juvenile court may, on the recommendation of the division, order a parent of a
minor in secure care to undergo group rehabilitation therapy under the direction of a therapist,
who has supervision of the minor in secure care, or any other therapist for a period
recommended by the division.
Section 69. Section 
80-6-712
 is amended to read:
80-6-712.
Time periods for supervision of probation or placement -- Termination
of continuing jurisdiction.
(1) If the juvenile court places a minor on probation under Section 
80-6-702
, the
juvenile court shall establish a period of time for supervision for the minor that is:
(a) if the minor is placed on intake probation, no more than three months; or
(b) if the minor is placed on formal probation, from four to six months, but may not
exceed six months.
(2) (a) If the juvenile court commits a minor to the division under Section 
80-6-703
,
and the minor's case is under the jurisdiction of the court, the juvenile court shall establish:
(i) for a minor placed out of the home, a period of custody from three to six months,
but may not exceed six months; and
(ii) for aftercare services if the minor was placed out of the home, a period of
supervision from three to four months, but may not exceed four months.
(b) A minor may be supervised for aftercare under Subsection (2)(a)(ii) in the home of
a qualifying relative or guardian, or at an independent living program contracted or operated by
the division.
(3) If the juvenile court orders a minor to secure care, the authority shall:
(a) have jurisdiction over the minor's case; and
(b) apply the provisions of Part 8, Commitment and Parole.
(4) (a) In accordance with Section 
80-6-711
 and Subsections (1) and (2), the juvenile
court shall terminate continuing jurisdiction over a minor's case at the end of the time period
described in Subsection (1) for probation, or Subsection (2) for commitment to the division,
unless:
(i) termination would interrupt the completion of the treatment program determined to
be necessary by the results of a validated risk and needs assessment under Section 
80-6-606
;
(ii) the minor commits a new misdemeanor or felony offense;
(iii) community or compensatory service hours have not been completed;
(iv) there is an outstanding fine; or
(v) there is a failure to pay restitution in full.
(b) The juvenile court shall determine whether a minor has completed a treatment
program under Subsection (4)(a)(i) by considering:
(i) the recommendations of the licensed service provider for the treatment program;
(ii) the minor's record in the treatment program; and
(iii) the minor's completion of the goals of the treatment program.
(5) Subject to Subsection (8), if one of the circumstances under Subsection (4) exists
the juvenile court may extend supervision for the time needed to address the specific
circumstance.
(6) If a circumstance under Subsection (4)(a)(iii), (iv), or (v) exists, the juvenile court
may extend supervision for no more than three months.
(7) If the juvenile court extends supervision under this section, the grounds for the
extension and the length of any extension shall be recorded in the court records and tracked in
the data system used by the Administrative Office of the Courts and the division.
(8) For a minor who is under the continuing jurisdiction of the juvenile court and
whose supervision is extended under Subsection (4)(a)(iii), (iv), or (v), supervision may only
be extended as intake probation.
(9) If a minor leaves supervision without authorization for more than 24 hours, the
supervision period for the minor shall toll until the minor returns.
(10) This section does not apply to any minor adjudicated under this chapter for:
(a) Section 
76-5-103
, aggravated assault resulting in serious bodily injury to another;
(b) Section 
76-5-202
, aggravated murder or attempted aggravated murder;
(c) Section 
76-5-203
, murder or attempted murder;
(d) Section 
76-5-205
, manslaughter;
(e) Section 
76-5-206
, negligent homicide;
(f) Section 
76-5-207
, automobile homicide;
(g) Section 
76-5-207.5
, automobile homicide involving handheld wireless
communication device;
(h) Section 
76-5-208
, child abuse homicide;
(i) Section 
76-5-209
, homicide by assault;
(j) Section 
76-5-302
, aggravated kidnapping;
(k) Section 
76-5-405
, aggravated sexual assault;
(l) a felony violation of Section 
76-6-103
, aggravated arson;
(m) Section 
76-6-203
, aggravated burglary;
(n) Section 
76-6-302
, aggravated robbery;
(o) Section 
76-10-508.1
, felony discharge of a firearm;
(p) (i) an offense other than an offense listed in Subsections (10)(a) through (o)
involving the use of a dangerous weapon, as defined in Section [
76-1-601
] 
76-1-101.5
, that is a
felony; and
(ii) the minor has been previously adjudicated or convicted of an offense involving the
use of a dangerous weapon; or
(q) a felony offense other than an offense listed in Subsections (10)(a) through (p) and
the minor has been previously committed to the division for secure care.
Section 70. Section 
80-6-804
 is amended to read:
80-6-804.
Review and termination of secure care.
(1) If a juvenile offender is ordered to secure care under Section 
80-6-705
, the juvenile
offender shall appear before the authority within 45 days after the day on which the juvenile
offender is ordered to secure care for review of a treatment plan and to establish parole release
guidelines.
(2) (a) If a juvenile offender is ordered to secure care under Section 
80-6-705
, the
authority shall set a presumptive term of commitment for the juvenile offender from three to
six months, but the presumptive term may not exceed six months.
(b) The authority shall release the juvenile offender on parole at the end of the
presumptive term of commitment unless:
(i) termination would interrupt the completion of a treatment program determined to be
necessary by the results of a validated risk and needs assessment under Section 
80-6-606
; or
(ii) the juvenile offender commits a new misdemeanor or felony offense.
(c) The authority shall determine whether a juvenile offender has completed a
treatment program under Subsection (2)(b)(i) by considering:
(i) the recommendations of the licensed service provider for the treatment program;
(ii) the juvenile offender's record in the treatment program; and
(iii) the juvenile offender's completion of the goals of the treatment program.
(d) The authority may extend the length of commitment and delay parole release for the
time needed to address the specific circumstance if one of the circumstances under Subsection
(2)(b) exists.
(e) The authority shall:
(i) record the length of the extension and the grounds for the extension; and
(ii) report annually the length and grounds of extension to the commission.
(f) Records under Subsection (2)(e) shall be tracked in the data system used by the
juvenile court and the division.
(3) (a) If a juvenile offender is committed to secure care, the authority shall set a
presumptive term of parole supervision, including aftercare services, from three to four months,
but the presumptive term may not exceed four months.
(b) If the authority determines that a juvenile offender is unable to return home
immediately upon release, the juvenile offender may serve the term of parole in the home of a
qualifying relative or guardian or at an independent living program contracted or operated by
the division.
(c) The authority shall release a juvenile offender from parole and terminate the
authority's jurisdiction at the end of the presumptive term of parole, unless:
(i) termination would interrupt the completion of a treatment program that is
determined to be necessary by the results of a validated risk and needs assessment under
Section 
80-6-606
;
(ii) the juvenile offender commits a new misdemeanor or felony offense; or
(iii) restitution has not been completed.
(d) The authority shall determine whether a juvenile offender has completed a
treatment program under Subsection (2)(c)(i) by considering:
(i) the recommendations of the licensed service provider;
(ii) the juvenile offender's record in the treatment program; and
(iii) the juvenile offender's completion of the goals of the treatment program.
(e) If one of the circumstances under Subsection (3)(c) exists, the authority may delay
parole release only for the time needed to address the specific circumstance.
(f) The authority shall:
(i) record the grounds for extension of the presumptive length of parole and the length
of the extension; and
(ii) report annually the extension and the length of the extension to the commission.
(g) Records under Subsection (3)(f) shall be tracked in the data system used by the
juvenile court and the division.
(h) If a juvenile offender leaves parole supervision without authorization for more than
24 hours, the term of parole shall toll until the juvenile offender returns.
(4) Subsections (2) and (3) do not apply to a juvenile offender committed to secure
care for:
(a) Section 
76-5-103
, aggravated assault resulting in serious bodily injury to another;
(b) Section 
76-5-202
, aggravated murder or attempted aggravated murder;
(c) Section 
76-5-203
, murder or attempted murder;
(d) Section 
76-5-205
, manslaughter;
(e) Section 
76-5-206
, negligent homicide;
(f) Section 
76-5-207
, automobile homicide;
(g) Section 
76-5-207.5
, automobile homicide involving a handheld wireless
communication device;
(h) Section 
76-5-208
, child abuse homicide;
(i) Section 
76-5-209
, homicide by assault;
(j) Section 
76-5-302
, aggravated kidnapping;
(k) Section 
76-5-405
, aggravated sexual assault;
(l) a felony violation of Section 
76-6-103
, aggravated arson;
(m) Section 
76-6-203
, aggravated burglary;
(n) Section 
76-6-302
, aggravated robbery;
(o) Section 
76-10-508.1
, felony discharge of a firearm;
(p) (i) an offense other than an offense listed in Subsections (4)(a) through (o)
involving the use of a dangerous weapon, as defined in Section [
76-1-601
] 
76-1-101.5
, that is a
felony; and
(ii) the juvenile offender has been previously adjudicated or convicted of an offense
involving the use of a dangerous weapon, as defined in Section [
76-1-601
] 
76-1-101.5
; or
(q) an offense other than an offense listed in Subsections (4)(a) through (p) and the
juvenile offender has been previously committed to the division for secure care.
(5) (a) The division may continue to have responsibility over a juvenile offender, who
is discharged under this section from parole, to participate in a specific educational or
rehabilitative program:
(i) until the juvenile offender is:
(A) if the juvenile offender is a youth offender, 21 years old; or
(B) if the juvenile offender is a serious youth offender, 25 years old; and
(ii) under an agreement by the division and the juvenile offender that the program has
certain conditions.
(b) The division and the juvenile offender may terminate participation in a program
under Subsection (5)(a) at any time.
(c) The division shall offer an educational or rehabilitative program before a juvenile
offender's discharge date in accordance with this section.
(d) A juvenile offender may request the services described in this Subsection (5), even
if the offender has been previously declined services or services were terminated for
noncompliance.
(e) Notwithstanding Subsection (5)(c), the division:
(i) shall consider a request by a juvenile offender under Subsection (5)(d) for the
services described in this Subsection (5) for up to 365 days after the juvenile offender's
effective date of discharge, even if the juvenile offender has previously declined services or
services were terminated for noncompliance; and
(ii) may reach an agreement with the juvenile offender to provide the services
described in this Subsection (5) until the juvenile offender is:
(A) if the juvenile offender is a youth offender, 21 years old; or
(B) if the juvenile offender is a serious youth offender, 25 years old.
(f) The division and the juvenile offender may terminate an agreement for services
under this Subsection (5) at any time.
Section 71. 
Revisor instructions.
The Legislature intends that the Office of Legislative Research and General Counsel, in
preparing the Utah Code database for publication, not enroll this bill if S.B. 123, Criminal
Code Recodification, does not pass.