Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 99 (2023GS)

Sponsor

Rep. Brammer, B.

Final action

Governor Signed 3/14/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• increases the penalty for repeat offenders of sex offender restrictions; and
• makes technical changes.

Every vote on this bill

Bill text

SEX OFFENDER RESTRICTIONS AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Brady Brammer
Senate Sponsor: 
Michael K. McKell
LONG TITLE
General Description:
This bill increases the penalty for repeat offenders of sex offender restrictions.
Highlighted Provisions:
This bill:
▸ increases the penalty for repeat offenders of sex offender restrictions; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
77-27-21.7
, as last amended by Laws of Utah 2020, Chapter 206
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
77-27-21.7
 is amended to read:
77-27-21.7.
Sex offender restrictions.
(1) As used in this section:
(a) "Minor" means an individual who is [
less
] 
younger
 than 18 years old;
(b) (i) "Protected area" means the premises occupied by:
(A) any licensed day care or preschool facility;
(B) a swimming pool that is open to the public;
(C) a public or private primary or secondary school that is not on the grounds of a
correctional facility;
(D) a community park that is open to the public;
(E) a playground that is open to the public, including those areas designed to provide
children space, recreational equipment, or other amenities intended to allow children to engage
in physical activity; and
(F) except as provided in Subsection (1)(b)(ii), an area that is 1,000 feet or less from
the residence of a victim of the sex offender if the sex offender is subject to a victim requested
restriction.
(ii) "Protected area" does not include the area described in Subsection (1)(b)(i)(F) if:
(A) the victim is a member of the immediate family of the sex offender; and
(B) the terms of the sex offender's agreement of probation or parole allow the sex
offender to reside in the same residence as the victim.
(c) "Sex offender" means an adult or juvenile who is required to register in accordance
with Title 77, Chapter 41, Sex and Kidnap Offender Registry, due to a conviction for any
offense that is committed against a person younger than 18 years old.
(2) For purposes of Subsection (1)(b)(i)(F), a sex offender is subject to a victim
requested restriction if:
(a) the sex offender is on probation or parole for an offense that requires the offender to
register in accordance with Title 77, Chapter 41, Sex and Kidnap Offender Registry;
(b) the victim or the victim's parent or guardian advises the Department of Corrections
that the victim elects to restrict the sex offender from the area and authorizes the Department of
Corrections to advise the sex offender of the area where the victim resides; and
(c) the Department of Corrections notifies the sex offender in writing that the sex
offender is prohibited from being in the area described in Subsection (1)(b)(i)(F) and provides
a description of the location of the protected area to the sex offender.
(3) A sex offender may not:
(a) be in a protected area except:
(i) when the sex offender must be in a protected area to perform the sex offender's
parental responsibilities;
(ii) (A) when the protected area is a public or private primary or secondary school; and
(B) the school is open and being used for a public activity other than a school-related
function that involves a minor; or
(iii) (A) if the protected area is a licensed day care or preschool facility located within a
building that is open to the public for purposes other than the operation of the day care or
preschool facility; and
(B) the sex offender does not enter a part of the building that is occupied by the day
care or preschool facility; or
(b) serve as an athletic coach, manager, or trainer for any sports team of which a minor
who is [
less
] 
younger
 than 18 years old is a member.
(4) A sex offender who violates this section is guilty of [
a class A misdemeanor.
]
:
(a) a class A misdemeanor; or
(b) if previously convicted of violating this section within the last ten years, a third
degree felony.