Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 60 Second Substitute (2023GS)

Sponsor

Rep. Acton, C.K.

Final action

Governor Signed 3/14/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• addresses the use of juvenile delinquency records by public and private employers;
• requires the State Board of Education to include information about dangerous weapons in an annual report on school discipline and law enforcement action;
• modifies a reporting requirement regarding a minor found with a dangerous weapon on school grounds;
• modifies the jurisdiction of the juvenile court;
• amends provisions related to the inspection of juvenile records when a minor who is 14 years old or older is charged with a felony offense;
• defines terms related to juvenile records;
• amends and clarifies provisions regarding the vacatur of an adjudication in the juvenile court;
• clarifies the release of certain juvenile records;
• amends provisions regarding a petition for expungement of a juvenile court record with an adjudication, including the notice and hearing requirements for the petition;
• allows for a petition for expungement of a juvenile court record consisting of nonjudicial adjustments;
• allows for a petition for expungement of a juvenile court record consisting of records of arrest, investigation, detention, and delinquency petitions;
• allows for a petition for expungement of records regarding a petition where the allegations of delinquency were found to be not true;
• allows for the automatic expungement of a successful nonjudicial adjustment completed on or after October 1, 2023;

Every vote on this bill

Bill text

JUVENILE JUSTICE MODIFICATIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Cheryl K. Acton
Senate Sponsor: 
Luz Escamilla
Cosponsors:
Dan N. Johnson
Karianne Lisonbee
Karen M. Peterson
Ryan D. Wilcox
LONG TITLE
General Description:
This bill amends provisions related to juvenile justice.
Highlighted Provisions:
This bill:
▸ addresses the use of juvenile delinquency records by public and private employers;
▸ requires the State Board of Education to include information about dangerous
weapons in an annual report on school discipline and law enforcement action;
▸ modifies a reporting requirement regarding a minor found with a dangerous weapon
on school grounds;
▸ modifies the jurisdiction of the juvenile court;
▸ amends provisions related to the inspection of juvenile records when a minor who is
14 years old or older is charged with a felony offense;
▸ defines terms related to juvenile records;
▸ amends and clarifies provisions regarding the vacatur of an adjudication in the
juvenile court;
▸ clarifies the release of certain juvenile records;
▸ amends provisions regarding a petition for expungement of a juvenile court record
with an adjudication, including the notice and hearing requirements for the petition;
▸ allows for a petition for expungement of a juvenile court record consisting of
nonjudicial adjustments;
▸ allows for a petition for expungement of a juvenile court record consisting of
records of arrest, investigation, detention, and delinquency petitions;
▸ allows for a petition for expungement of records regarding a petition where the
allegations of delinquency were found to be not true;
▸ allows for the automatic expungement of a successful nonjudicial adjustment
completed on or after October 1, 2023;
▸ provides the requirements for expunging juvenile records;
▸ addresses the distribution of an expungement order;
▸ addresses agency duties regarding expungement orders;
▸ addresses records in the custody of the Board of Pardons and Parole, the
Department of Corrections, or the Division of Child and Family Services;
▸ addresses the effect of an expungement order;
▸ provides that certain individuals may view or inspect expunged juvenile records;
▸ repeals statutes related to the expungement of juvenile records; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
34-52-201
, as last amended by Laws of Utah 2022, Chapter 447
34-52-301
, as enacted by Laws of Utah 2019, Chapter 371
53E-3-516
, as last amended by Laws of Utah 2022, Chapter 399
53G-8-510
, as renumbered and amended by Laws of Utah 2018, Chapter 3
62A-5-308
, as last amended by Laws of Utah 2021, Chapter 261
77-38-14
, as last amended by Laws of Utah 2021, Chapter 262
78A-6-103
, as last amended by Laws of Utah 2022, Chapters 155, 335
78A-6-209
, as last amended by Laws of Utah 2022, Chapters 335, 430
78A-6-358
, as renumbered and amended by Laws of Utah 2021, Chapter 261
78B-6-105
, as last amended by Laws of Utah 2021, Chapter 261
80-6-1001
, as renumbered and amended by Laws of Utah 2021, Chapter 261
80-6-1002
, as last amended by Laws of Utah 2022, Chapter 334
ENACTS:
80-6-1004.1
, Utah Code Annotated 1953
80-6-1004.2
, Utah Code Annotated 1953
80-6-1004.3
, Utah Code Annotated 1953
80-6-1004.4
, Utah Code Annotated 1953
80-6-1004.5
, Utah Code Annotated 1953
80-6-1006.1
, Utah Code Annotated 1953
RENUMBERS AND AMENDS:
80-6-1001.1
, (Renumbered from 80-6-1003, as enacted by Laws of Utah 2021, Chapter
261)
REPEALS:
80-6-1004
, as last amended by Laws of Utah 2022, Chapter 334
80-6-1005
, as renumbered and amended by Laws of Utah 2021, Chapter 261
80-6-1006
, as renumbered and amended by Laws of Utah 2021, Chapter 261
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
34-52-201
 is amended to read:
34-52-201.
Public employer requirements.
(1) A public employer may not exclude an applicant from an initial interview because
of a past criminal conviction 
or juvenile delinquency adjudication
.
(2) A public employer excludes an applicant from an initial interview if the public
employer:
(a) requires an applicant to disclose, on an employment application, a criminal
conviction 
or juvenile delinquency adjudication
;
(b) requires an applicant to disclose, before an initial interview, a criminal conviction
or juvenile delinquency adjudication
; or
(c) if no interview is conducted, requires an applicant to disclose, before making a
conditional offer of employment, a criminal conviction 
or juvenile delinquency adjudication
.
(3) (a) A public employer may not make any inquiry related to an applicant's expunged
criminal 
or juvenile delinquency
 history.
(b) An applicant seeking employment from a public employer may answer a question
related to an expunged criminal 
or juvenile delinquency
 record as though the action underlying
the expunged criminal 
or juvenile delinquency
 record never occurred.
(4) Subject to Subsections (1) through (3), nothing in this section prevents a public
employer from:
(a) asking an applicant for information about an applicant's criminal conviction 
or
juvenile delinquency
 history during an initial interview or after an initial interview; or
(b) considering an applicant's conviction 
or juvenile delinquency
 history when making
a hiring decision.
(5) Subsections (1) through (3) do not apply:
(a) 
to an applicant with a criminal conviction
 if federal, state, or local law, including
corresponding administrative rules, requires the consideration of [
an
] 
the
 applicant's criminal
conviction history;
(b) to a public employer that is a law enforcement agency;
(c) to a public employer that is part of the criminal or juvenile justice system;
(d) to a public employer seeking a nonemployee volunteer;
(e) to a public employer that works with children or vulnerable adults;
(f) to the Department of Alcoholic Beverage Services created in Section 
32B-2-203
;
(g) to the State Tax Commission;
(h) to a public employer whose primary purpose is performing financial or fiduciary
functions; and
(i) to a public transit district hiring or promoting an individual for a safety sensitive
position described in Section 
17B-2a-825
.
Section 2. Section 
34-52-301
 is amended to read:
34-52-301.
Permitted applicant response regarding expunged criminal or juvenile
delinquency history.
An applicant seeking employment from a private employer may answer a question
related to an expunged criminal 
or juvenile delinquency
 record as though the action underlying
the expunged criminal 
or juvenile delinquency
 record never occurred.
Section 3. Section 
53E-3-516
 is amended to read:
53E-3-516.
School disciplinary and law enforcement action report -- Rulemaking
authority.
(1) As used in this section:
(a) "Dangerous weapon" means the same as that term is defined in Section 
53G-8-510
.
[
(a)
] 
(b)
 "Disciplinary action" means an action by a public school meant to formally
discipline a student of that public school that includes a suspension or expulsion.
[
(b)
] 
(c)
 "Law enforcement agency" means the same as that term is defined in Section
77-7a-103
.
[
(c)
] 
(d)
 "Minor" means the same as that term is defined in Section [
53G-6-201
]
80-1-102
.
[
(d)
] 
(e)
 "Other law enforcement activity" means a significant law enforcement
interaction with a minor that does not result in an arrest, including:
(i) a search and seizure by an SRO;
(ii) issuance of a criminal citation;
(iii) issuance of a ticket or summons;
(iv) filing a delinquency petition; or
(v) referral to a probation officer.
[
(e)
] 
(f)
 "School is in session" means the hours of a day during which a public school
conducts instruction for which student attendance is counted toward calculating average daily
membership.
[
(f)
] 
(g)
 (i) "School-sponsored activity" means an activity, fundraising event, club,
camp, clinic, or other event or activity that is authorized by a specific public school, according
to LEA governing board policy, and satisfies at least one of the following conditions:
(A) the activity is managed or supervised by a school district, public school, or public
school employee;
(B) the activity uses the school district or public school facilities, equipment, or other
school resources; or
(C) the activity is supported or subsidized, more than inconsequentially, by public
funds, including the public school's activity funds or Minimum School Program dollars.
(ii) "School-sponsored activity" includes preparation for and involvement in a public
performance, contest, athletic competition, demonstration, display, or club activity.
[
(g)
] 
(h)
 "[
Student
] 
School
 resource officer" or "SRO" means the same as that term is
defined in Section 
53G-8-701
.
(2) Beginning on July 1, 2023, the state board shall develop an annual report regarding
the following incidents that occur on school grounds while school is in session or during a
school-sponsored activity:
(a) arrests of a minor;
(b) other law enforcement activities; [
and
]
(c) disciplinary actions[
.
]
; and
(d) minors found in possession of a dangerous weapon.
(3) Pursuant to state and federal law, law enforcement agencies shall collaborate with
the state board and LEAs to provide and validate data and information necessary to complete
the report described in Subsection (2), as requested by an LEA or the state board.
(4) The report described in Subsection (2) shall include the following information
listed separately for each LEA:
(a) the number of arrests of a minor, including the reason why the minor was arrested;
(b) the number of other law enforcement activities, including the following information
for each incident:
(i) the reason for the other law enforcement activity; and
(ii) the type of other law enforcement activity used;
(c) the number of disciplinary actions imposed, including:
(i) the reason for the disciplinary action; and
(ii) the type of disciplinary action;
(d) the number of SROs employed; [
and
]
(e) if applicable, the demographics of an individual who is subject to, as the following
are defined in Section 
53G-9-601
, bullying, hazing, cyber-bullying, or retaliation[
.
]
; and
(f) the number of minors found in possession of a dangerous weapon on school
grounds while school is in session or during a school-sponsored activity.
(5) The report described in Subsection (2) shall include the following information, in
aggregate, for each element described in Subsections (4)(a) through (c):
(a) age;
(b) grade level;
(c) race;
(d) sex; and
(e) disability status.
(6) Information included in the annual report described in Subsection (2) shall comply
with:
(a) Chapter 9, Part 3, Student Data Protection;
(b) Chapter 9, Part 2, Student Privacy; and
(c) the Family Education Rights and Privacy Act, 20 U.S.C. Secs. 1232g and 1232h.
(7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
state board shall make rules to compile the report described in Subsection (2).
(8) The state board shall provide the report described in Subsection (2) in accordance
with Section 
53E-1-203
 for incidents that occurred during the previous school year.
Section 4. Section 
53G-8-510
 is amended to read:
53G-8-510.
Notification of dangerous weapons on school grounds -- Immunity
from civil and criminal liability.
(1) As used in this section:
(a) "Dangerous weapon" means a firearm or an object that in the manner of the object's
use or intended use is capable of causing death or serious bodily injury to an individual.
(b) "Minor" means the same as that term is defined in Section 
80-1-102
.
(c) "School employee" means an individual working in the individual's capacity as:
(i) a school teacher;
(ii) a school staff member;
(iii) a school administrator; or
(iv) an individual:
(A) who is employed, directly or indirectly, by a school, an LEA governing board, or a
school district; and
(B) who works on a school campus.
(d) "School is in session" means the same as that term is defined in Section 
53E-3-516
.
(e) "School-sponsored activity" means the same as that term is defined in Section
53E-3-516
.
(2) If a minor is found on school grounds when school is in session or at a
school-sponsored activity in possession of a dangerous weapon and that information is reported
to, or known by, a school employee, the school employee shall notify the principal.
(3) After receiving a notification under Subsection (2), the principal shall notify:
(a) a law enforcement officer or agency; and
(b) school or district personnel if the principal determines that school or district
personnel should be informed.
[
(1) Whenever a student is found on school property during school hours or at a
school-sponsored activity in possession of a dangerous weapon and that information is reported
to or known by the principal, the principal shall notify law enforcement personnel and school
or district personnel who, in the opinion of the principal, should be informed.
]
[
(2)
] 
(4)
 A person who in good faith reports information under Subsection [
(1)
] 
(2) or
(3)
 and any person who receives the information is immune from any liability, civil or criminal,
that might otherwise result from the reporting or receipt of the information.
Section 5. Section 
62A-5-308
 is amended to read:
62A-5-308.
Commitment -- Individual who is under 18 years old.
(1) The director of the division, or the director's designee, may commit an individual
under 18 years old who has an intellectual disability or symptoms of an intellectual disability,
to the division for observation, diagnosis, care, and treatment if that commitment is based on:
(a) an emergency commitment in accordance with Section 
62A-5-311
; or
(b) involuntary commitment in accordance with Section 
62A-5-312
.
(2) A proceeding for involuntary commitment under Subsection (1)(a) may be
commenced by filing a written petition with the juvenile court under Section 
62A-5-312
.
(3) (a) A juvenile court has jurisdiction over the proceeding under Subsection (2) as
described in Subsection [
78A-6-103
(2)(f)
] 
78A-6-103
(2)(a)(vi)
.
(b) A juvenile court shall proceed with the written petition in the same manner and
with the same authority as the district court.
(4) If an individual who is under 18 years old is committed to the custody of the Utah
State Developmental Center by the juvenile court, the director or the director's designee shall
give the juvenile court written notice of the intention to release the individual not fewer than
five days before the day on which the individual is released.
Section 6. Section 
77-38-14
 is amended to read:
77-38-14.
Notice of expungement petition -- Victim's right to object.
(1) (a) The Department of Corrections or the Juvenile Probation Department shall
prepare a document explaining the right of a victim or a victim's representative to object to a
petition for expungement under Section 
77-40a-305
 or [
80-6-1004
] 
80-6-1004.1
 and the
procedures for obtaining notice of the petition.
(b) The department or division shall provide each trial court a copy of the document
that has jurisdiction over delinquencies or criminal offenses subject to expungement.
(2) The prosecuting attorney in any case leading to a conviction, a charge dismissed in
accordance with a plea in abeyance agreement, or an adjudication subject to expungement
,
shall provide a copy of the document to each person who would be entitled to notice of a
petition for expungement under Sections 
77-40a-305
 and [
80-6-1004
] 
80-6-1004.1
.
Section 7. Section 
78A-6-103
 is amended to read:
78A-6-103.
Original jurisdiction of the juvenile court -- Magistrate functions --
Findings -- Transfer of a case from another court.
(1) Except as otherwise provided by Sections 
78A-5-102.5
 and 
78A-7-106
, the juvenile
court has original jurisdiction over:
(a) a felony, misdemeanor, infraction, or violation of an ordinance, under municipal,
state, or federal law, that was committed by a child;
(b) a felony, misdemeanor, infraction, or violation of an ordinance, under municipal,
state, or federal law, that was committed by an individual:
(i) who is under 21 years old at the time of all court proceedings; and
(ii) who was under 18 years old at the time the offense was committed; and
(c) a misdemeanor, infraction, or violation of an ordinance, under municipal or state
law, that was committed:
(i) by an individual:
(A) who was 18 years old and enrolled in high school at the time of the offense; and
(B) who is under 21 years old at the time of all court proceedings; and
(ii) on school property where the individual was enrolled:
(A) when school was in session; or
(B) during a school-sponsored activity, as defined in Subsection 
53G-8-211
(1)(k).
(2) The juvenile court has original jurisdiction over
:
(a)
 any proceeding concerning:
[
(a)
] 
(i)
 a child who is an abused child, neglected child, or dependent child;
[
(b)
] 
(ii)
 a protective order for a child in accordance with Title 78B, Chapter 7, Part 2,
Child Protective Orders;
[
(c)
] 
(iii)
 the appointment of a guardian of the individual or other guardian of a minor
who comes within the court's jurisdiction under other provisions of this section;
[
(d)
] 
(iv)
 the emancipation of a minor in accordance with Title 80, Chapter 7,
Emancipation;
[
(e)
] 
(v)
 the termination of parental rights in accordance with Title 80, Chapter 4,
Termination and Restoration of Parental Rights, including termination of residual parental
rights and duties;
[
(f)
] 
(vi)
 the treatment or commitment of a minor who has an intellectual disability;
[
(g)
] 
(vii)
 the judicial consent to the marriage of a minor who is 16 or 17 years old in
accordance with Section 
30-1-9
;
[
(h)
] 
(viii)
 an order for a parent or a guardian of a child under Subsection 
80-6-705
(3);
[
(i)
] 
(ix)
 a minor under Title 80, Chapter 6, Part 11, Interstate Compact for Juveniles;
[
(j)
] 
(x)
 the treatment or commitment of a child with a mental illness;
[
(k)
] 
(xi)
 the commitment of a child to a secure drug or alcohol facility in accordance
with Section 
62A-15-301
;
[
(l)
] 
(xii)
 a minor found not competent to proceed in accordance with Title 80, Chapter
6, Part 4, Competency;
[
(m)
] 
(xiii)
 de novo review of final agency actions resulting from an informal
adjudicative proceeding as provided in Section 
63G-4-402
;
[
(n)
] 
(xiv)
 adoptions conducted in accordance with the procedures described in Title
78B, Chapter 6, Part 1, Utah Adoption Act, if the juvenile court has previously entered an order
terminating the rights of a parent and finds that adoption is in the best interest of the child;
[
(o)
] 
(xv)
 an ungovernable or runaway child who is referred to the juvenile court by the
Division of Juvenile Justice Services if, despite earnest and persistent efforts by the Division of
Juvenile Justice Services, the child has demonstrated that the child:
[
(i)
] 
(A)
 is beyond the control of the child's parent, guardian, or custodian to the extent
that the child's behavior or condition endangers the child's own welfare or the welfare of others;
or
[
(ii)
] 
(B)
 has run away from home; and
[
(p)
] 
(xvi)
 a criminal information filed under Part 4a, Adult Criminal Proceedings, for
an adult alleged to have committed an offense under Subsection 
78A-6-352
(4)(b) for failure to
comply with a promise to appear and bring a child to the juvenile court[
.
]
;
(b) a petition for expungement under Title 80, Chapter 6, Part 10, Juvenile Records and
Expungement; and
(c) the extension of a nonjudicial adjustment under Section 
80-6-304
.
(3) It is not necessary for a minor to be adjudicated for an offense or violation of the
law under Section 
80-6-701
[
,
] for the juvenile court to exercise jurisdiction under Subsection
[
(2)(p)
] 
(2)(a)(xvi), (b), or (c)
.
(4) This section does not restrict the right of access to the juvenile court by private
agencies or other persons.
(5) The juvenile court has jurisdiction of all magistrate functions relative to cases
arising under Title 80, Chapter 6, Part 5, Transfer to District Court.
(6) The juvenile court has jurisdiction to make a finding of substantiated,
unsubstantiated, or without merit, in accordance with Section 
80-3-404
.
(7) The juvenile court has jurisdiction over matters transferred to the juvenile court by
another trial court in accordance with Subsection 
78A-7-106
(4) and Section 
80-6-303
.
Section 8. 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 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 
80-2-602
 and 
80-2-701
 and administrative
hearings in accordance with Section 
80-2-707
;
(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) (a) Except as provided in Subsection (4)(b), 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 for the minor.
(b) A juvenile court may close the records described in Subsection (4)(a) to the public
if the juvenile court finds, on the record, that the records are closed for good cause.
[
(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 9. Section 
78A-6-358
 is amended to read:
78A-6-358.
Period of effect for a judgment, decree, or order by a juvenile court.
(1) A judgment, order, or decree of the juvenile court is no longer in effect after a
minor is 21 years old, except:
(a) for an order of commitment to the Utah State Developmental Center or to the
custody of the Division of Substance Abuse and Mental Health;
(b) for an adoption under Subsection [
78A-6-103
(2)(n)
] 
78A-6-103
(2)(a)(xiv)
;
(c) for an order permanently terminating the rights of a parent, guardian, or custodian
under Title 80, Chapter 4, Termination and Restoration of Parental Rights;
(d) for a permanent order of custody and guardianship under Subsection
80-3-405
(2)(d);
(e) an order establishing paternity under Subsection 
78A-6-104
(1)(a)(i); and
(f) as provided in Subsection (2).
(2) If the juvenile court enters a judgment or order for a minor for whom the juvenile
court has extended continuing jurisdiction over the minor's case until the minor is 25 years old
under Section 
80-6-605
, the juvenile court's judgment or order is no longer in effect after the
minor is 25 years old.
Section 10. Section 
78B-6-105
 is amended to read:
78B-6-105.
District court venue -- Jurisdiction of juvenile court -- Jurisdiction
over nonresidents -- Time for filing.
(1) An adoption proceeding shall be commenced by filing a petition in:
(a) the district court in the district where the prospective adoptive parent resides;
(b) if the prospective adoptive parent is not a resident of this state, the district court in
the district where:
(i) the adoptee was born;
(ii) the adoptee resides on the day on which the petition is filed; or
(iii) a parent of the proposed adoptee resides on the day on which the petition is filed;
or
(c) the juvenile court as provided in Subsection [
78A-6-103
(2)(n)
]
78A-6-103
(2)(a)(xiv)
 and Section 
78A-6-350
.
(2) All orders, decrees, agreements, and notices in an adoption proceeding shall be
filed with the clerk of the court where the adoption proceeding is commenced under Subsection
(1).
(3) A petition for adoption:
(a) may be filed before the birth of a child;
(b) may be filed before or after the adoptee is placed in the home of the petitioner for
the purpose of adoption; and
(c) shall be filed no later than 30 days after the day on which the adoptee is placed in
the home of the petitioners for the purpose of adoption, unless:
(i) the time for filing has been extended by the court; or
(ii) the adoption is arranged by a child-placing agency in which case the agency may
extend the filing time.
(4) (a) If a person whose consent for the adoption is required under Section 
78B-6-120
or 
78B-6-121
 cannot be found within the state, the fact of the minor's presence within the state
shall confer jurisdiction on the court in proceedings under this chapter as to such absent person,
provided that due notice has been given in accordance with the Utah Rules of Civil Procedure.
(b) The notice may not include the name of:
(i) a prospective adoptive parent; or
(ii) an unmarried mother without her consent.
(5) Service of notice described in Subsection (6) shall vest the court with jurisdiction
over the person served in the same manner and to the same extent as if the person served was
served personally within the state.
(6) In the case of service outside the state, service completed not less than five days
before the time set in the notice for appearance of the person served is sufficient to confer
jurisdiction.
(7) Computation of periods of time not otherwise set forth in this section shall be made
in accordance with the Utah Rules of Civil Procedure.
Section 11. Section 
80-6-1001
 is amended to read:
80-6-1001.
Definitions.
As used in this part:
(1) "Abstract" means a copy or summary of a court's disposition.
(2) 
(a)
 "Agency" means a state, county, or local government entity that generates or
maintains records [
relating to a nonjudicial adjustment or an adjudication
] for which
expungement may be ordered under this part.
(b) "Agency" includes a local education agency, as defined in Section 
53E-1-102
, for
purposes of this part.
(3) "Expunge" means to seal or otherwise restrict access to a record that is part of an
individual's juvenile record and in the custody of the juvenile court or an agency.
(4) (a) "Juvenile record" means all records for all incidents of delinquency involving an
individual that are in the custody of the juvenile court or an agency.
(b) "Juvenile record" does not include a record of an adjudication under Chapter 3,
Abuse, Neglect, or Dependency Proceedings, or Chapter 4, Termination and Restoration of
Parental Rights.
(5) "Petitioner" means an individual requesting an expungement or vacatur under this
part.
[
(3) "Expunge" means to seal or otherwise restrict access to an individual's record held
by a court or an agency when the record relates to a nonjudicial adjustment or an adjudication
of an offense in the juvenile court.
]
Section 12. Section 
80-6-1001.1
, which is renumbered from Section 80-6-1003 is
renumbered and amended to read:
[
80-6-1003
].
 80-6-1001.1.
Court records -- Abstracts.
[
(1) (a) Except as otherwise provided in this part, if a minor's juvenile record is
expunged, and upon a court order, all photographs or records under Section 
80-6-608
 shall be
destroyed by an agency.
]
[
(b) A record of a minor's fingerprints may not be destroyed by an agency.
]
[
(2)
] 
(1)
 A court or agency with custody of an individual's record related to an offense
that the individual is alleged to have committed, or an offense that the individual committed,
before the individual was 18 years old may not disclose the record to a federal agency that is
responsible for criminal justice research or proceedings unless the court or the agency is
required to share the record under state or federal law.
[
(3)
] 
(2)
 An abstract of a [
juvenile court
] record for [
an
] 
a minor's
 adjudication of a
traffic offense shall be submitted to the Department of Public Safety as provided in Section
53-3-218
.
Section 13. Section 
80-6-1002
 is amended to read:
80-6-1002.
Vacatur of an adjudication.
(1) [
(a) An individual who has been adjudicated under this chapter may petition the
juvenile court for vacatur of the individual's juvenile court records and any related records in
the custody of an agency if the record relates to:
]
[
(i) an adjudication under Section 
76-10-1302
, 
76-10-1304
, or 
76-10-1313
; or
]
[
(ii) an adjudication that was based on an offense that the petitioner engaged in while
subject to force, fraud, or coercion, as defined in Section 
76-5-308
.
]
(a) An individual who has been adjudicated for an offense by the juvenile court may
petition the juvenile court for vacatur of the adjudication if the adjudication was for a violation
of:
(i) Section 
76-5-308
, human trafficking for labor if the petitioner engaged in the human
trafficking for labor while subject to force, fraud, or coercion;
(ii) Section 
76-10-1302
, prostitution;
(iii) Section 
76-10-1304
, aiding prostitution; or
(iv) Section 
76-10-1313
, sexual solicitation.
(b) The petitioner shall include in the petition the relevant juvenile court incident
number and any agencies known or alleged to have any [
documents
] 
records
 related to the
offense for which vacatur is being sought.
(c) The petitioner shall include with the petition the original criminal history report
obtained from the Bureau of Criminal Identification in accordance with the provisions of
Section 
53-10-108
.
(d) The petitioner shall send a copy of the petition to the [
county attorney or, if within a
prosecution district, the district attorney
] 
prosecuting attorney
.
(2) (a) Upon the filing of a petition, the juvenile court shall:
(i) set a date for a hearing; 
and
(ii) at least 30 days before the day on which the hearing on the petition is scheduled,
notify the prosecuting attorney and any affected agency identified in the juvenile record:
(A) that a petition has been filed; and
(B) of the date of the hearing.
[
(ii) notify the county attorney or district attorney and the agency with custody of the
records at least 30 days prior to the hearing of the pendency of the petition; and
]
[
(iii) notify the county attorney or district attorney and the agency with records the
petitioner is asking the juvenile court to vacate of the date of the hearing.
]
(b) (i) The juvenile court shall provide a victim with the opportunity to request notice
of a petition for vacatur.
[
(ii) A victim shall receive notice of a petition for vacatur at least 30 days before the
hearing if, before the entry of vacatur, the victim or, in the case of a child or an individual who
is incapacitated or deceased, the victim's next of kin or authorized representative,
]
(ii) At least 30 days before the day on which the hearing is scheduled, a victim shall
receive notice of a petition for vacatur if, before the entry of vacatur, the victim, or the victim's
next of kin or authorized representative if the victim is a child or an individual who is
incapacitated or deceased,
 submits a written and signed request for notice to the court in the
judicial district in which the crime occurred or judgment was entered.
(iii) The notice shall include a copy of the petition and statutes and rules applicable to
the petition.
(c) At the hearing, the petitioner, the prosecuting attorney, a victim, and any other
person who may have relevant information about the petitioner may testify.
[
(3) (a) At the hearing the petitioner, the county attorney or district attorney, a victim,
and any other person who may have relevant information about the petitioner may testify.
]
[
(b) (i)
] 
(3) (a)
 In deciding whether to grant a petition for vacatur 
of an adjudication of
an offense for human trafficking of labor described in Subsection (1)(a)(i)
, the juvenile court
shall consider whether the petitioner acted subject to force, fraud, or coercion[
, as defined in
Section 
76-5-308
,
] at the time of the conduct giving rise to the adjudication.
[
(ii) (A)
] 
(b)
 If the juvenile court finds by a preponderance of the evidence that the
petitioner was subject to force, fraud, or coercion[
, as defined in Section 
76-5-308
] at the time
of the conduct giving rise to the adjudication, the juvenile court shall grant vacatur 
of the
adjudication
.
[
(B)
] 
(c)
 If the 
juvenile
 court does not find sufficient evidence, the juvenile court shall
deny vacatur 
of the adjudication
.
[
(iii)
] 
(4)
 If the petition [
is for vacatur of any adjudication under Section 
76-10-1302
,
76-10-1304
, or 
76-10-1313
] 
seeks to vacate an adjudication of an offense described in
Subsection (1)(a)(ii) through (iv)
, the juvenile court shall presumptively grant vacatur 
of the
adjudication
 unless the petitioner acted as a purchaser of any sexual activity.
[
(c) If vacatur is granted, the juvenile court shall order sealed all of the petitioner's
records under the control of the juvenile court and any of the petitioner's records under the
control of any other agency or official
]
(5) (a) Except as provided in Subsection (5)(b), if the juvenile court grants a vacatur of
an adjudication for an offense described in Subsection (1)(a), the juvenile court shall order
expungement of all records in the petitioner's juvenile record
 pertaining to the incident
identified in the petition, including relevant related records contained in the Management
Information System and the Licensing Information System.
(b) The juvenile court may not order expungement of any record in the petitioner's
juvenile record that contains an adjudication for a violation of:
(i) Section 76-5-202, aggravated murder; or
(ii) Section 76-5-203, murder.
[
(4)
] 
(6)
 (a) The petitioner shall be responsible for service of the 
vacatur and
expungement
 order [
of vacatur
] to all affected state, county, and local entities, agencies, and
officials.
(b) To avoid destruction or [
sealing
] 
expungement
 of the records in whole or in part,
the agency or entity receiving the vacatur 
and expungement
 order shall only [
vacate
] 
expunge
all references to the petitioner's name in the records pertaining to the relevant adjudicated
juvenile court incident.
(7) (a) Upon entry of a vacatur and expungement order under this section:
(i) the proceedings in the incident identified in the petition are considered never to
have occurred; and
(ii) the petitioner may reply to an inquiry on the matter as though the proceedings never
occurred.
(b) Upon petition, any record expunged under this section may only be released to or
viewed by:
(i) the individual who is the subject of the record; or
(ii) a person named in the petition of vacatur.
[
(5) (a) Upon the entry of vacatur, the proceedings in the incident identified in the
petition shall be considered never to have occurred and the petitioner may properly reply
accordingly upon any inquiry in the matter.
]
[
(b) Inspection of the records may thereafter only be permitted by the juvenile court
upon petition by the individual who is the subject of the records, and only to persons named in
the petition.
]
[
(6) The juvenile court may not vacate a juvenile court record if the record contains an
adjudication of:
]
[
(a) Section 
76-5-202
, aggravated murder; or
]
[
(b) Section 
76-5-203
, murder.
]
Section 14. Section 
80-6-1004.1
 is enacted to read:
 80-6-1004.1.
Petition to expunge adjudication -- Hearing and notice -- Waiver --
Order.
(1) An individual may petition the juvenile court for an order to expunge the
individual's juvenile record if:
(a) the individual was adjudicated for an offense in the juvenile court;
(b) the individual has reached 18 years old; and
(c) at least one year has passed from the day on which:
(i) the juvenile court's continuing jurisdiction was terminated; or
(ii) if the individual was committed to secure care, the individual was unconditionally
released from the custody of the division.
(2) If a petitioner is 18 years old or older and seeks an expungement under Subsection
(1), the petition shall include a criminal history report obtained from the Bureau of Criminal
Identification in accordance with Section 
53-10-108
.
(3) If the juvenile court finds and states on the record the reason why the waiver is
appropriate, the juvenile court may waive:
(a) the age requirement under Subsection (1)(b) for a petition; or
(b) the one-year requirement under Subsection (1)(c) for a petition.
(4) (a) Upon the filing of a petition described in Subsection (1)(a), the juvenile court
shall:
(i) set a date for a hearing; and
(ii) at least 30 days before the day on which the hearing on the petition is scheduled,
notify the prosecuting attorney and any affected agency identified in the petitioner's juvenile
record:
(A) that the petition has been filed; and
(B) of the date of the hearing.
(b) (i) The juvenile court shall provide a victim with the opportunity to request notice
of a petition described in Subsection (1).
(ii) Upon the victim's request under Subsection (4)(b)(i), the victim shall receive notice
of the petition at least 30 days before the day on which the hearing is scheduled if, before the
day on which an expungement order is made, the victim, or the victim's next of kin or
authorized representative if the victim is a child or an individual who is incapacitated or
deceased, submits a written and signed request for notice to the juvenile court in the judicial
district in which the offense occurred or judgment is entered.
(iii) The notice described in Subsection (4)(b)(ii) shall include a copy of the petition
and any statutes and rules applicable to the petition.
(c) At the hearing, the prosecuting attorney, a victim, and any other individual who
may have relevant information about the petitioner may testify.
(d) The juvenile court may waive the hearing for the petition if:
(i) (A) there is no victim; or
(B) if there is a victim, the victim agrees to the waiver; and
(ii) the prosecuting attorney agrees to the waiver.
(5) (a) Except as provided in Subsection (6), the juvenile court may grant a petition
described in Subsection (1) and order expungement of the petitioner's juvenile record if the
juvenile court finds that the petitioner is rehabilitated to the satisfaction of the court in
accordance with Subsection (5)(b).
(b) In deciding whether to grant a petition described in Subsection (1), the juvenile
court shall consider:
(i) whether expungement of the petitioner's juvenile record is in the best interest of the
petitioner;
(ii) the petitioner's response to programs and treatment;
(iii) the nature and seriousness of the conduct for which the petitioner was adjudicated;
(iv) the petitioner's behavior subsequent to adjudication;
(v) the petitioner's reason for seeking expungement of the petitioner's juvenile record;
and
(vi) if the petitioner is a restricted person under Subsection 
76-10-503
(1)(a)(iv) or
(b)(ii):
(A) whether the offense for which the petitioner is a restricted person was committed
with a weapon;
(B) whether expungement of the petitioner's juvenile record poses an unreasonable risk
to public safety; and
(C) the amount of time that has passed since the adjudication of the offense for which
the petitioner is a restricted person.
(6) The juvenile court may not grant a petition described in Subsection (1) and order
expungement of the petitioner's juvenile record if:
(a) the petitioner has been convicted of a violent felony within five years before the day
on which the petition for expungement is filed;
(b) there are delinquency or criminal proceedings pending against the petitioner;
(c) the petitioner has not satisfied a judgment of restitution entered by the juvenile
court for an adjudication in the petitioner's juvenile record;
(d) the petitioner has not satisfied restitution that was a condition of a nonjudicial
adjustment in the petitioner's juvenile record; or
(e) the petitioner's juvenile record contains an adjudication for a violation of:
(i) Section 
76-5-202
, aggravated murder; or
(ii) Section 
76-5-203
, murder.
Section 15. Section 
80-6-1004.2
 is enacted to read:
 80-6-1004.2.
Petition to expunge nonjudicial adjustment -- Order.
(1) An individual may petition the juvenile court for an order to expunge the
individual's juvenile record if:
(a) the individual's juvenile record consists solely of nonjudicial adjustments;
(b) the individual's juvenile record is not eligible for automatic expungement under
Section 
80-6-1004.5
; and
(c) the individual has reached 18 years old.
(2) If the juvenile court finds and states on the record the reason why the waiver is
appropriate, the juvenile court may waive the age requirement under Subsection (1)(c) for a
petition.
(3) Except as provided in Subsection (4), the juvenile court shall grant a petition
described in Subsection (1) and order expungement of the petitioner's juvenile record.
(4) The juvenile court may not grant a petition described in Subsection (1) and order
expungement of the petitioner's juvenile record if:
(a) there are delinquency or criminal proceedings pending against the petitioner; or
(b) the petitioner has not satisfied restitution that was a condition of a nonjudicial
adjustment in the petitioner's juvenile record.
Section 16. Section 
80-6-1004.3
 is enacted to read:
 80-6-1004.3.
Petition to expunge arrest, investigation, detention, or delinquency
petition -- Screening -- Order.
(1) An individual may petition the juvenile court for an order to expunge the
individual's juvenile record if:
(a) the individual's juvenile record consists solely of records of arrest, investigation,
detention, or petitions that did not result in adjudication;
(b) the individual was not adjudicated for an offense in the juvenile court; and
(c) the individual has reached 18 years old.
(2) If a petitioner is 18 years old or older and seeks an expungement under Subsection
(1), the petition shall include a criminal history report obtained from the Bureau of Criminal
Identification in accordance with Section 
53-10-108
.
(3) If the juvenile court finds and states on the record the reason why the waiver is
appropriate, the juvenile court may waive the age requirement under Subsection (1)(c) for a
petition.
(4) (a) Upon the filing of a petition described in Subsection (1), the juvenile court shall
notify the prosecuting attorney that the petition has been filed.
(b) Within 30 days after the day on which the notification is sent under Subsection
(4)(a), the prosecuting attorney shall respond to the petition stating whether the petitioner
meets the requirements for expungement under this section.
(5) Except as provided in Subsection (6), the juvenile court shall grant a petition
described in Subsection (1) and order expungement of the petitioner's juvenile record if each
case identified in the petition:
(a) has been screened by the investigating law enforcement agency and the prosecuting
attorney has determined that no charges will be filed against the individual;
(b) resulted in all charges in the case being dismissed with prejudice;
(c) resulted in all charges in the case being dismissed without prejudice or without
condition and the prosecuting attorney consents to the expungement; or
(d) is barred from prosecution by the statute of limitations.
(6) The juvenile court may not grant a petition described in Subsection (1) and order
expungement of the petitioner's juvenile record if there are delinquency or criminal proceedings
pending against the petitioner.
Section 17. Section 
80-6-1004.4
 is enacted to read:
 80-6-1004.4.
Petition to expunge petition not found to be true -- Order.
(1) An individual may petition the juvenile court, at any time, for an order to expunge
all records in the individual's juvenile record pertaining to an incident where a petition was
filed if:
(a) the incident was presented to the juvenile court for adjudication based upon an
admission, plea, or trial;
(b) the juvenile court did not find by beyond a reasonable doubt the allegations in the
petition to be true;
(c) at least 30 days have passed since the day on which the juvenile court did not find
the allegations in the petition to be true; and
(d) an appeal has not been filed for the petition within the 30-day period described in
Subsection (1)(c).
(2) If a petitioner is 18 years old or older and seeks an expungement under Subsection
(1), the petition shall include a criminal history report obtained from the Bureau of Criminal
Identification in accordance with Section 
53-10-108
.
(3) The juvenile court shall grant a petition described in Subsection (1), without a
hearing, and order expungement of any record in the petitioner's juvenile record pertaining to
the incident.
Section 18. Section 
80-6-1004.5
 is enacted to read:
 80-6-1004.5.
Automatic expungement of successful nonjudicial adjustment --
Effect of successful nonjudicial adjustment.
(1) Except as provided in Subsection (2), the juvenile court shall issue, without a
petition, an order to expunge an individual's juvenile record if:
(a) the individual has reached 18 years old;
(b) the individual's juvenile record consists solely of nonjudicial adjustments;
(c) the individual has successfully completed each nonjudicial adjustment; and
(d) all nonjudicial adjustments were completed on or after October 1, 2023.
(2) An individual's juvenile record is not eligible for expungement under Subsection
(1) if the individual's juvenile record contains a nonjudicial adjustment for 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 a minor.
(3) If an individual's juvenile record consists solely of nonjudicial adjustments that
were completed before October 1, 2023:
(a) any nonjudicial adjustment in the individual's juvenile record is considered to never
have occurred if:
(i) the individual has reached 18 years old;
(ii) the individual has satisfied restitution that was a condition of any nonjudicial
adjustment in the individual's juvenile record; and
(iii) the nonjudicial adjustment was for an offense that is not an offense described in
Subsection (2); and
(b) the individual may reply to any inquiry about the nonjudicial adjustment as though
there never was a nonjudicial adjustment.
Section 19. Section 
80-6-1006.1
 is enacted to read:
 80-6-1006.1.
Exceptions to expungement order -- Distribution of expungement
order -- Agency duties -- Effect of expungement -- Access to expunged record.
(1) This section applies to an expungement order under Section 
80-6-1004.1
,
80-6-1004.2
, 
80-6-1004.3
, 
80-6-1004.4
, or 
80-6-1004.5
.
(2) The juvenile court may not order:
(a) the Board of Pardons and Parole and the Department of Corrections to seal a record
in the possession of the Board of Pardons and Parole or the Department of Corrections, except
that the juvenile court may order the Board of Pardons and Parole and the Department of
Corrections to restrict access to a record if the record is specifically identified in the
expungement order as a record in the possession of the Board of Pardons and Parole or the
Department of Corrections; or
(b) the Division of Child and Family Services to expunge a record in an individual's
juvenile record that is contained in the Management Information System or the Licensing
Information System unless:
(i) the record is unsupported; or
(ii) after notice and an opportunity to be heard, the Division of Child and Family
Services stipulates in writing to expunging the record.
(3) (a) If the juvenile court issues an expungement order, the juvenile court shall send a
copy of the expungement order to any affected agency or official identified in the juvenile
record.
(b) An individual who is the subject of an expungement order may deliver copies of the
expungement order to all agencies and officials affected by the expungement order.
(4) (a) Upon receipt of an expungement order, an agency shall:
(i) to avoid destruction or expungement of records in whole or in part, expunge only
the references to the individual's name in the records relating to the individual's adjudication,
nonjudicial adjustment, petition, arrest, investigation, or detention for which expungement is
ordered; and
(ii) destroy all photographs and records created under Section 
80-6-608
, except that a
record of a minor's fingerprints may not be destroyed by an agency.
(b) An agency that receives a copy of an expungement order shall mail an affidavit to
the individual who is the subject of the expungement order, or the individual's attorney, that the
agency has complied with the expungement order.
(5) Notwithstanding Subsection (4), the Board of Pardons and Parole and the
Department of Corrections:
(a) may not disclose records expunged in an expungement order unless required by
law;
(b) are not required to destroy any photograph or record created under Section
80-6-608
;
(c) may use an expunged record for purposes related to incarceration and supervision
of an individual under the jurisdiction of the Board of Pardons and Parole, including for the
purpose of making decisions about:
(i) the treatment and programming of the individual;
(ii) housing of the individual;
(iii) applicable guidelines regarding the individual; or
(iv) supervision conditions for the individual;
(d) are not prohibited from disclosing or sharing any information in an expunged
record with another agency that uses the same record management system as the Board of
Pardons and Parole or the Department of Corrections; and
(e) are not required to mail an affidavit under Subsection (4)(b).
(6) Upon entry of an expungement order:
(a) an adjudication, a nonjudicial adjustment, a petition, an arrest, an investigation, or a
detention for which the record is expunged is considered to have never occurred; and
(b) the individual, who is the subject of the expungement order, may reply to an inquiry
on the matter as though there never was an adjudication, a nonjudicial adjustment, a petition,
an arrest, an investigation, or a detention.
(7) A record expunged under Section 
80-6-1004.1
, 
80-6-1004.2
, 
80-6-1004.3
,
80-6-1004.4
, or 
80-6-1004.5
 may be released to, or viewed by, the individual who is the subject
of the record.
Section 20. 
Repealer.
This bill repeals:
Section 
80-6-1004
,
Requirements to apply to expunge an adjudication.
Section 
80-6-1005
,
Nonjudicial adjustment expungement.
Section 
80-6-1006
,
Effect of an expunged record -- Agency duties.
Section 21. 
Effective date.
This bill takes effect on October 1, 2023.