Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 297 Second Substitute (2023GS)

Sponsor

Rep. Birkeland, K.

Final action

Governor Signed 3/14/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• creates and modifies definitions;
• provides that a person operating a sexual assault hotline service may, when applicable, provide a victim of sexual assault with information on how to access free emergency contraception and other services;
• requires the Department of Health and Human Services to provide to certain entities information about how a victim of sexual assault may access emergency contraception and other services;
• requires a law enforcement officer's annual training to include training on responses to sexual trauma and investigations of sexual assault and sexual abuse;
• establishes law enforcement agency policy, public information, and reporting requirements concerning sexual assault offenses and investigations;
• requires the State Commission on Criminal and Juvenile Justice (commission) to receive, compile, and publish data concerning sexual assault offenses;
• provides that a law enforcement agency not in compliance with sexual assault offense reporting requirements may not receive grants from the commission;
• provides for a victim reparation award for a victim of sexual assault who becomes pregnant from the sexual assault, health care for the victim during the duration of the victim's pregnancy and for the victim and the victim's child for one year after the child is born;
• restricts an abortion based upon rape or incest to a pregnancy in which the unborn child has not reached 18 weeks gestational age;
• amends verification and reporting procedures for abortions based upon rape or incest;
• requires the department to receive, compile, and create a report concerning certain information regarding abortions based upon rape or incest and provide the report to the Health and Human Services Interim Committee; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

VICTIM SERVICES AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Kera Birkeland
Senate Sponsor: 
Michael K. McKell
LONG TITLE
General Description:
This bill modifies provisions related to certain victims of sexual crimes including an
abortion based upon rape or incest. 
Highlighted Provisions:
This bill:
▸ creates and modifies definitions;
▸ provides that a person operating a sexual assault hotline service may, when
applicable, provide a victim of sexual assault with information on how to access
free emergency contraception and other services;
▸ requires the Department of Health and Human Services to provide to certain entities
information about how a victim of sexual assault may access emergency
contraception and other services;
▸ requires a law enforcement officer's annual training to include training on responses
to sexual trauma and investigations of sexual assault and sexual abuse;
▸ establishes law enforcement agency policy, public information, and reporting
requirements concerning sexual assault offenses and investigations;
▸ requires the State Commission on Criminal and Juvenile Justice (commission) to
receive, compile, and publish data concerning sexual assault offenses;
▸ provides that a law enforcement agency not in compliance with sexual assault
offense reporting requirements may not receive grants from the commission;
▸ provides for a victim reparation award for a victim of sexual assault who becomes
pregnant from the sexual assault, health care for the victim during the duration of
the victim's pregnancy and for the victim and the victim's child for one year after the child is
born;
▸ restricts an abortion based upon rape or incest to a pregnancy in which the unborn
child has not reached 18 weeks gestational age;
▸ amends verification and reporting procedures for abortions based upon rape or
incest;
▸ requires the department to receive, compile, and create a report concerning certain
information regarding abortions based upon rape or incest and provide the report to
the Health and Human Services Interim Committee; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
This bill appropriates in fiscal year 2024:
▸ to Department of Public Safety - Peace Officer Standards and Training, as a
One-time appropriation:
• from the General Fund, One-time, $10,000.
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53-6-202
, as last amended by Laws of Utah 2021, First Special Session, Chapter 1
53-10-908
, as renumbered and amended by Laws of Utah 2022, Chapter 430
63A-16-1002
, as enacted by Laws of Utah 2022, Chapter 390 and last amended by
Coordination Clause, Laws of Utah 2022, Chapter 390
63M-7-204
, as last amended by Laws of Utah 2022, Chapter 187
63M-7-218
, as enacted by Laws of Utah 2022, Chapter 390 and last amended by
Coordination Clause, Laws of Utah 2022, Chapter 390
63M-7-511
, as last amended by Laws of Utah 2020, Chapter 149
76-7-302
, as last amended by Laws of Utah 2022, Chapter 335
76-7-302.5
, as enacted by Laws of Utah 2019, Chapter 208
76-7-313
, as last amended by Laws of Utah 2019, Chapters 124, 208
76-7a-101
, as last amended by Laws of Utah 2021, Chapter 262
76-7a-201
, as enacted by Laws of Utah 2020, Chapter 279
ENACTS:
26-21b-202
, Utah Code Annotated 1953
53-22-101
, Utah Code Annotated 1953
53-22-102
, Utah Code Annotated 1953
53-22-103
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
26-21b-202
 is enacted to read:
 26-21b-202.
Sexual assault hotline service -- Emergency contraception access.
(1) As used in this section, "sexual assault hotline service" means a telephone hotline,
online chat hotline, or similar method of communication that provides information or
counseling services for a victim of sexual assault.
(2) A person who operates a sexual assault hotline service available to a resident of this
state shall create and maintain a policy that encourages the sexual assault hotline service to
provide, when applicable, a victim of sexual assault with information on how to access:
(a) free emergency contraception;
(b) law enforcement; and
(c) medical and mental health services.
(3) The department shall provide information about how a victim of sexual assault may
access free emergency contraception and other medical and mental health services to:
(a) victims of sexual assault;
(b) sexual assault hotline services that are available to residents of this state; and
(c) other providers who provide sexual assault support services to victims of sexual
assault in this state.
(4) The department may adopt rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to carry out the provisions of Subsection (3).
Section 2. Section 
53-6-202
 is amended to read:
53-6-202.
Basic training course -- Completion required -- Annual training --
Prohibition from exercising powers -- Reinstatement.
(1) (a) The director shall:
(i) (A) suggest and prepare subject material; and
(B) schedule instructors for basic training courses; or
(ii) review the material and instructor choices submitted by a certified academy.
(b) The subject material, instructors, and schedules shall be approved or disapproved
by a majority vote of the council.
(2) The materials shall be reviewed and approved by the council on or before July 1st
of each year and may from time to time be changed or amended by majority vote of the council.
(3) The basic training in a certified academy:
(a) shall be appropriate for the basic training of peace officers in the techniques of law
enforcement in the discretion of the director; and
(b) may not include the use of chokeholds, carotid restraints, or any act that impedes
the breathing or circulation of blood likely to produce a loss of consciousness, as a valid
method of restraint.
(4) (a) All peace officers shall satisfactorily complete the basic training course or the
waiver process provided for in this chapter as well as annual certified training of not less than
40 hours as the director, with the advice and consent of the council, directs.
(b) A peace officer who fails to satisfactorily complete the annual training shall
automatically be prohibited from exercising peace officer powers until any deficiency is made
up.
(c) (i) Beginning July 1, 2021, the annual training shall include no less than 16 hours of
training focused on mental health and other crisis intervention responses, arrest control, and
de-escalation training.
(ii) Standards for the training shall be determined by each law enforcement agency or
department and approved by the director or designee.
(iii) Each law enforcement agency or department shall include a breakdown of the 16
hours within the annual audit submitted to the division.
(5) Beginning July 1, 2021, the director shall ensure that annual training covers
intervention responses for mental illnesses, autism spectrum disorder, and other neurological
and developmental disorders.
(6) Beginning July 1, 2023, the director shall ensure that annual training covers at least
one hour of training on responses to sexual traumas and investigations of sexual assault and
sexual abuse in accordance with Section 
53-10-908
.
Section 3. Section 
53-10-908
 is amended to read:
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
] 
In accordance with Section 
53-6-202
, 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 4. Section 
53-22-101
 is enacted to read:
CHAPTER 22. SEXUAL ASSAULT OFFENSE POLICY AND REPORTING
REQUIREMENTS
 53-22-101.
Sexual assault offense policy and public information requirements for
law enforcement agencies.
(1) (a) Beginning January 1, 2024, a law enforcement agency shall create and maintain
a policy regarding the law enforcement agency's processes for handling sexual assault
investigations.
(b) A policy described under Subsection (1)(a) shall include current best practices for
handling sexual assault investigations, including:
(i) protocols and training on responses to sexual trauma;
(ii) emergency response procedures, including prompt contact with the victim and the
preservation of evidence; and
(iii) referrals to sexual assault support services.
(c) A law enforcement agency shall publicly post on the law enforcement agency's
website the policy described in Subsection (1)(a).
(2) Beginning January 1, 2024, a law enforcement agency shall create and publicly post
on the law enforcement agency's website a guide for victims of sexual assault that includes:
(a) a description of the law enforcement agency's processes for handling sexual assault
investigations;
(b) contact information for victims of sexual assault to obtain more information from
the law enforcement agency; and
(c) referral information for sexual assault victim support services.
Section 5. Section 
53-22-102
 is enacted to read:
 53-22-102.
Sexual assault offense reporting requirements for law enforcement
agencies.
(1) As used in this section:
(a) "Commission" means the State Commission on Criminal and Juvenile Justice
created in Section 
63M-7-201
.
(b) "Sexual assault offense" means:
(i) rape, Section 
76-5-402
;
(ii) rape of a child, Section 
76-5-402.1
;
(iii) object rape, Section 
76-5-402.2
;
(iv) object rape of a child, Section 
76-5-402.3
;
(v) forcible sodomy, Section 
76-5-403
;
(vi) sodomy on a child, Section 
76-5-403.1
;
(vii) forcible sexual abuse, Section 
76-5-404
;
(viii) sexual abuse of a child, Section 
76-5-404.1
;
(ix) aggravated sexual abuse of a child, Section 
76-5-404.3
;
(x) aggravated sexual assault, Section 
76-5-405
; or
(xi) sexual battery, Section 
76-9-702.1
.
(2) (a) Beginning January 1, 2025, a law enforcement agency shall annually, on or
before April 30, submit a report to the commission for the previous calendar year containing
the number of each type of sexual assault offense that:
(i) was reported to the law enforcement agency;
(ii) was investigated by a detective; and
(iii) was referred to a prosecutor for prosecution.
(b) A law enforcement agency shall:
(i) compile the report described in Subsection (2)(a) for each calendar year in the
standardized format developed by the commission under Subsection (3); and
(ii) publicly post the information reported in Subsection (2)(a) on the law enforcement
agency's website.
(3) The commission shall:
(a) develop a standardized format for reporting the data described in Subsection (2);
(b) compile the data submitted under Subsection (2); and
(c) annually on or before August 1, publish a report of the data described in Subsection
(2) on the commission's website.
Section 6. Section 
53-22-103
 is enacted to read:
 53-22-103.
Exemption.
The provisions of this chapter do not apply to a law enforcement agency created under
Section 
41-3-104
.
Section 7. Section 
63A-16-1002
 is amended to read:
63A-16-1002.
Criminal justice database.
(1) The commission shall oversee the creation and management of a [
Criminal Justice
Database
] 
criminal justice database
 for information and data required to be reported to the
commission, organized by county, and accessible to all criminal justice agencies in the state.
(2) The division shall assist with the development and management of the database.
(3) The division, in collaboration with the commission, shall create:
(a) master standards and formats for information submitted to the database;
(b) a portal, bridge, website, or other method for reporting entities to provide the
information;
(c) a master data management index or system to assist in the retrieval of information
in the database;
(d) a protocol for accessing information in the database that complies with state
privacy regulations; and
(e) a protocol for real-time audit capability of all data accessed through the portal by
participating data source, data use entities, and regulators.
(4) Each criminal justice agency charged with reporting information to the commission
shall provide the data or information to the database in a form prescribed by the commission.
(5) The database shall be the repository for the statutorily required data described in:
(a) Section 
13-53-111
, recidivism reporting requirements;
(b) Section 
17-22-32
, county jail reporting requirements;
(c) Section 
17-55-201
, Criminal Justice Coordinating Councils reporting;
(d) Section 
24-4-118
, forfeiture reporting requirements;
(e) Section 
41-6a-511
, courts to collect and maintain data;
(f) Section 
53-22-102
, sexual assault offense reporting requirements for law
enforcement agencies;
[
(f)
] 
(g)
 Section 
63M-7-214
, law enforcement agency grant reporting;
[
(g)
] 
(h)
 Section 
63M-7-216
, prosecutorial data collection;
[
(h)
] 
(i)
 Section 
64-13-21
, supervision of sentenced offenders placed in community;
[
(i)
] 
(j)
 Section 
64-13-25
, standards for programs;
[
(j)
] 
(k)
 Section 
64-13-45
, department reporting requirements;
[
(k)
] 
(l)
 Section 
64-13e-104
, housing of state probationary inmates or state parole
inmates;
[
(l)
] 
(m)
 Section 
77-7-8.5
, use of tactical groups;
[
(m)
] 
(n)
 Section 
77-20-103
, release data requirements;
[
(n)
] 
(o)
 Section 
77-22-2.5
, court orders for criminal investigations;
[
(o)
] 
(p)
 Section 
78A-2-109.5
, court demographics reporting; and
[
(p)
] 
(q)
 any other statutes which require the collection of specific data and the
reporting of that data to the commission.
(6) The commission shall report:
(a) progress on the database, including creation, configuration, and data entered, to the
Law Enforcement and Criminal Justice Interim Committee not later than November 2022; and
(b) all data collected as of December 31, 2022, to the Law Enforcement and Criminal
Justice Interim Committee, the House Law Enforcement and Criminal Justice Standing
Committee, and the Senate Judiciary, Law Enforcement and Criminal Justice Standing
Committee not later than January 16, 2023.
Section 8. Section 
63M-7-204
 is amended to read:
63M-7-204.
Duties of commission.
(1) The State Commission on Criminal and Juvenile Justice administration shall:
(a) promote the commission's purposes as enumerated in Section 
63M-7-201
;
(b) promote the communication and coordination of all criminal and juvenile justice
agencies;
(c) study, evaluate, and report on the status of crime in the state and on the
effectiveness of criminal justice policies, procedures, and programs that are directed toward the
reduction of crime in the state;
(d) study, evaluate, and report on programs initiated by state and local agencies to
address reducing recidivism, including changes in penalties and sentencing guidelines intended
to reduce recidivism, costs savings associated with the reduction in the number of inmates, and
evaluation of expenses and resources needed to meet goals regarding the use of treatment as an
alternative to incarceration, as resources allow;
(e) study, evaluate, and report on policies, procedures, and programs of other
jurisdictions which have effectively reduced crime;
(f) identify and promote the implementation of specific policies and programs the
commission determines will significantly reduce crime in Utah;
(g) provide analysis and recommendations on all criminal and juvenile justice
legislation, state budget, and facility requests, including program and fiscal impact on all
components of the criminal and juvenile justice system;
(h) provide analysis, accountability, recommendations, and supervision for state and
federal criminal justice grant money;
(i) provide public information on the criminal and juvenile justice system and give
technical assistance to agencies or local units of government on methods to promote public
awareness;
(j) promote research and program evaluation as an integral part of the criminal and
juvenile justice system;
(k) provide a comprehensive criminal justice plan annually;
(l) review agency forecasts regarding future demands on the criminal and juvenile
justice systems, including specific projections for secure bed space;
(m) promote the development of criminal and juvenile justice information systems that
are consistent with common standards for data storage and are capable of appropriately sharing
information with other criminal justice information systems by:
(i) developing and maintaining common data standards for use by all state criminal
justice agencies;
(ii) annually performing audits of criminal history record information maintained by
state criminal justice agencies to assess their accuracy, completeness, and adherence to
standards;
(iii) defining and developing state and local programs and projects associated with the
improvement of information management for law enforcement and the administration of
justice; and
(iv) establishing general policies concerning criminal and juvenile justice information
systems and making rules as necessary to carry out the duties under Subsection (1)(k) and this
Subsection (1)(m);
(n) allocate and administer grants, from money made available, for approved education
programs to help prevent the sexual exploitation of children;
(o) allocate and administer grants for law enforcement operations and programs related
to reducing illegal drug activity and related criminal activity;
(p) request, receive, and evaluate data and recommendations collected and reported by
agencies and contractors related to policies recommended by the commission regarding
recidivism reduction, including the data described in Section 
13-53-111
 and Subsection
62A-15-103
(2)(l);
(q) establish and administer a performance incentive grant program that allocates funds
appropriated by the Legislature to programs and practices implemented by counties that reduce
recidivism and reduce the number of offenders per capita who are incarcerated;
(r) oversee or designate an entity to oversee the implementation of juvenile justice
reforms;
(s) make rules and administer the juvenile holding room standards and juvenile jail
standards to align with the Juvenile Justice and Delinquency Prevention Act requirements
pursuant to 42 U.S.C. Sec. 5633;
(t) allocate and administer grants, from money made available, for pilot qualifying
education programs;
(u) oversee the trauma-informed justice program described in Section 
63M-7-209
;
(v) request, receive, and evaluate the aggregate data collected from prosecutorial
agencies and the Administrative Office of the Courts, in accordance with Sections 
63M-7-216
and 
78A-2-109.5
;
(w) report annually to the Law Enforcement and Criminal Justice Interim Committee
on the progress made on each of the following goals of the Justice Reinvestment Initiative:
(i) ensuring oversight and accountability;
(ii) supporting local corrections systems;
(iii) improving and expanding reentry and treatment services; and
(iv) strengthening probation and parole supervision;
(x) compile a report of findings based on the data and recommendations provided
under Section 
13-53-111
 and Subsection 
62A-15-103
(2)(n) that:
(i) separates the data provided under Section 
13-53-111
 by each residential, vocational
and life skills program; and
(ii) separates the data provided under Subsection 
62A-15-103
(2)(n) by each mental
health or substance use treatment program; [
and
]
(y) publish the report described in Subsection (1)(x) on the commission's website and
annually provide the report to the Judiciary Interim Committee, the Health and Human Services
Interim Committee, the Law Enforcement and Criminal Justice Interim Committee, and the
related appropriations subcommittees[
.
]
; and
(z) receive, compile, and publish the data provided under Section 
53-22-102
 on the
commission's website.
(2) If the commission designates an entity under Subsection (1)(r), the commission
shall ensure that the membership of the entity includes representation from the three branches
of government and, as determined by the commission, representation from relevant stakeholder
groups across all parts of the juvenile justice system, including county representation.
Section 9. Section 
63M-7-218
 is amended to read:
63M-7-218.
State grant requirements.
Beginning July 1, 2023, the commission may not award any grant of state funds to any
entity subject to, and not in compliance with, the reporting requirements in Subsections
63A-16-1002
(5)(a) through [
(o)
] 
(p)
.
Section 10. Section 
63M-7-511
 is amended to read:
63M-7-511.
Compensable losses and amounts.
A reparations award under this part may be made if:
(1) the reparations officer finds the reparations claim satisfies the requirements for the
reparations award under the provisions of this part and the rules of the board;
(2) money is available in the fund;
(3) the individual for whom the reparations award is to be paid is otherwise eligible
under this part; and
(4) the reparations claim is for an allowable expense incurred by the victim, as follows:
(a) reasonable and necessary charges incurred for products, services, and
accommodations;
(b) inpatient and outpatient medical treatment and physical therapy, subject to rules
made by the board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act;
(c) mental health counseling that:
(i) is set forth in a mental health treatment plan that is approved before any payment is
made by a reparations officer; and
(ii) qualifies within any further rules made by the board in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act;
(d) actual loss of past earnings and anticipated loss of future earnings because of a
death or disability resulting from the personal injury at a rate not to exceed 66-2/3% of the
individual's weekly gross salary or wages or the maximum amount allowed under the state
workers' compensation statute;
(e) care of minor children enabling a victim or spouse of a victim, but not both, to
continue gainful employment at a rate per child per week as determined under rules established
by the board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
(f) funeral and burial expenses for death caused by the criminally injurious conduct,
subject to rules made by the board in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act;
(g) loss of support to a dependent not otherwise compensated for a pecuniary loss for
personal injury, for as long as the dependence would have existed had the victim survived, at a
rate not to exceed 66-2/3% of the individual's weekly salary or wages or the maximum amount
allowed under the state workers' compensation statute, whichever is less;
(h) personal property necessary and essential to the health or safety of the victim as
defined by rules made by the board in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act; [
and
]
(i) medical examinations, subject to rules made by the board in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act, which may allow for exemptions from
Sections 
63M-7-509
, 
63M-7-512
, and 
63M-7-513
[
.
]
; and
(j) for a victim of sexual assault who becomes pregnant from the sexual assault, health
care:
(i) for the victim during the duration of the victim's pregnancy if the health care is
related to or resulting from the sexual assault or the pregnancy; and
(ii) for the victim and the victim's child for one year after the day on which the victim's
child is born.
Section 11. Section 
76-7-302
 is amended to read:
76-7-302.
Circumstances under which abortion authorized.
(1) As used in this section, "viable" means that the unborn child has reached a stage of
fetal development when the unborn child is potentially able to live outside the womb, as
determined by the attending physician to a reasonable degree of medical certainty.
(2) An abortion may be performed in this state only by a physician.
(3) An abortion may be performed in this state only under the following circumstances:
(a) the unborn child is not viable; or
(b) the unborn child is viable, if:
(i) the abortion is necessary to avert:
(A) the death of the woman on whom the abortion is performed; or
(B) a serious risk of substantial and irreversible impairment of a major bodily function
of the woman on whom the abortion is performed;
(ii) two physicians who practice maternal fetal medicine concur, in writing, in the
patient's medical record that the fetus:
(A) has a defect that is uniformly diagnosable and uniformly lethal; or
(B) has a severe brain abnormality that is uniformly diagnosable; or
(iii) (A) 
the unborn child has not reached 18 weeks gestational age and
 the woman is
pregnant as a result of:
(I) rape, as described in Section 
76-5-402
;
(II) rape of a child, as described in Section 
76-5-402.1
; or
(III) incest, as described in Subsection 
76-5-406
(2)(j) or Section 
76-7-102
; and
(B) before the abortion is performed, the physician who performs the abortion:
(I) verifies that the incident described in Subsection (3)(b)(iii)(A) has been reported to
law enforcement; and
(II) 
if applicable,
 complies with the requirements of Section 
80-2-602
.
(4) An abortion may be performed only in an abortion clinic or a hospital, unless it is
necessary to perform the abortion in another location due to a medical emergency.
(5) A physician who performs an abortion under Subsection (3)(b)(iii) shall:
(a) maintain an accurate record as to the manner in which the physician conducted the
verification under Subsection (3)(b)(iii)(B)(I); and
(b) report the information described in Subsection (5)(a) to the department in
accordance with Section 
76-7-313
.
Section 12. Section 
76-7-302.5
 is amended to read:
76-7-302.5.
Circumstances under which abortion prohibited.
Notwithstanding any other provision of this part, a person may not perform or attempt
to perform an abortion after the unborn child reaches 18 weeks gestational age unless the
abortion is permissible for a reason described in Subsection 
76-7-302
(3)(b)
(i) or (ii)
.
Section 13. Section 
76-7-313
 is amended to read:
76-7-313.
Department's enforcement responsibility -- Physician's report to
department -- Reporting.
(1) In order for the department to maintain necessary statistical information and ensure
enforcement of the provisions of this part:
(a) any physician performing an abortion must obtain and record in writing:
(i) the age, marital status, and county of residence of the woman on whom the abortion
was performed;
(ii) the number of previous abortions performed on the woman described in Subsection
(1)(a)(i);
(iii) the hospital or other facility where the abortion was performed;
(iv) the weight in grams of the unborn child aborted, if it is possible to ascertain;
(v) the pathological description of the unborn child;
(vi) the given gestational age of the unborn child;
(vii) the date the abortion was performed;
(viii) the measurements of the unborn child, if possible to ascertain;
(ix) if applicable, the information obtained under Subsection 
76-7-302
(5) or
76-7a-201
(6);
 and
[
(ix)
] 
(x)
 the medical procedure used to abort the unborn child; and
(b) the department shall make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act.
(2) Each physician who performs an abortion shall provide the following to the
department within 30 days after the day on which the abortion is performed:
(a) the information described in Subsection (1);
(b) a copy of the pathologist's report described in Section 
76-7-309
;
(c) an affidavit:
(i) indicating whether the required consent was obtained pursuant to Sections 
76-7-305
and 
76-7-305.5
;
(ii) described in Subsection (3), if applicable; and
(iii) indicating whether at the time the physician performed the abortion, the physician
had any knowledge that the pregnant woman sought the abortion solely because the unborn
child had or may have had Down syndrome; and
(d) a certificate indicating:
(i) whether the unborn child was or was not viable, as defined in Subsection
76-7-302
(1), at the time of the abortion;
(ii) whether the unborn child was older than 18 weeks gestational age at the time of the
abortion; and
(iii) if the unborn child was viable, as defined in Subsection 
76-7-302
(1), or older than
18 weeks gestational age at the time of the abortion, the reason for the abortion.
(3) If the information module or the address to the website is not provided to a
pregnant woman, the physician who performs the abortion on the woman shall, within 10 days
after the day on which the abortion is performed, provide to the department an affidavit that:
(a) specifies the information that was not provided to the woman; and
(b) states the reason that the information was not provided to the woman.
(4) All information supplied to the department shall be confidential and privileged
pursuant to Title 26, Chapter 25, Confidential Information Release.
(5) The department shall pursue all administrative and legal remedies when the
department determines that a physician or a facility has not complied with the provisions of this
part.
(6) (a) The department shall receive, compile, and create a report outlining the data
provided under Subsection (1)(a)(ix).
(b) Annually on or before November 30, the department shall provide the report
described in Subsection (6)(a) to the Health and Human Services Interim Committee.
Section 14. Section 
76-7a-101
 is amended to read:
76-7a-101.
Definitions.
As used in this chapter:
(1) (a) "Abortion" means:
(i) the intentional termination or attempted termination of human pregnancy after
implantation of a fertilized ovum through a medical procedure carried out by a physician or
through a substance used under the direction of a physician;
(ii) the intentional killing or attempted killing of a live unborn child through a medical
procedure carried out by a physician or through a substance used under the direction of a
physician; or
(iii) the intentional causing or attempted causing of a miscarriage through a medical
procedure carried out by a physician or through a substance used under the direction of a
physician.
(b) "Abortion" does not include:
(i) removal of a dead unborn child;
(ii) removal of an ectopic pregnancy; or
(iii) the killing or attempted killing of an unborn child without the consent of the
pregnant woman, unless:
(A) the killing or attempted killing is done through a medical procedure carried out by
a physician or through a substance used under the direction of a physician; and
(B) the physician is unable to obtain the consent due to a medical emergency.
(2) "Abortion clinic" means a type I abortion clinic licensed by the state or a type II
abortion clinic licensed by the state.
(3) "Department" means the Department of Health.
(4) "Down syndrome" means a genetic condition associated with an extra chromosome
21, in whole or in part, or an effective trisomy for chromosome 21.
(5) "Hospital" means:
(a) a general hospital licensed by the department; or
(b) a clinic or other medical facility to the extent the clinic or other medical facility is
certified by the department as providing equipment and personnel sufficient in quantity and
quality to provide the same degree of safety to a pregnant woman and an unborn child as would
be provided for the particular medical procedure undertaken by a general hospital licensed by
the department.
[
(6) "Incest" means the same as that term is defined in Section 
80-1-102
.
]
[
(7)
] 
(6)
 "Medical emergency" means a condition which, on the basis of the physician's
good faith clinical judgment, so threatens the life of a pregnant woman as to necessitate the
immediate abortion of her pregnancy to avert her death, or for which a delay will create serious
risk of substantial and irreversible impairment of major bodily function.
[
(8)
] 
(7)
 "Physician" means:
(a) a medical doctor licensed to practice medicine and surgery in the state;
(b) an osteopathic physician licensed to practice osteopathic medicine in the state; or
(c) a physician employed by the federal government who has qualifications similar to
an individual described in Subsection [
(8)(a)
] 
(7)(a)
 or (b).
[
(9) "Rape" means the same as that term is defined in Title 76, Utah Criminal Code.
]
[
(10)
] 
(8)
 (a) "Severe brain abnormality" means a malformation or defect that causes an
individual to live in a mentally vegetative state.
(b) "Severe brain abnormality" does not include:
(i) Down syndrome;
(ii) spina bifida;
(iii) cerebral palsy; or
(iv) any other malformation, defect, or condition that does not cause an individual to
live in a mentally vegetative state.
Section 15. Section 
76-7a-201
 is amended to read:
76-7a-201.
Abortion prohibition -- Exceptions -- Penalties.
(1) An abortion may be performed in this state only under the following circumstances:
(a) the abortion is necessary to avert:
(i) the death of the woman on whom the abortion is performed; or
(ii) a serious risk of substantial and irreversible impairment of a major bodily function
of the woman on whom the abortion is performed;
(b) two physicians who practice maternal fetal medicine concur, in writing, in the
patient's medical record that the fetus:
(i) has a defect that is uniformly diagnosable and uniformly lethal; or
(ii) has a severe brain abnormality that is uniformly diagnosable; or
(c) (i) 
the unborn child has not reached 18 weeks gestational age and
 the woman is
pregnant as a result of:
(A) rape
, as described in Section 
76-5-402
;
(B) rape of a child
, as described in Section 
76-5-402.1
; or
(C) incest
, as described in Subsection 
76-5-406
(2)(j) or Section 
76-7-102
; and
(ii) before the abortion is performed, the physician who performs the abortion:
(A) verifies that the incident described in Subsection (1)(c)(i) has been reported to law
enforcement; and
(B) if applicable, complies with requirements related to reporting suspicions of or
known child abuse.
(2) An abortion may be performed only:
(a) by a physician; and
(b) in an abortion clinic or a hospital, unless it is necessary to perform the abortion in
another location due to a medical emergency.
(3) A person who performs an abortion in violation of this section is guilty of a second
degree felony.
(4) In addition to the penalty described in Subsection (3), the department may take
appropriate corrective action against an abortion clinic, including revoking the abortion clinic's
license, if a violation of this chapter occurs at the abortion clinic.
(5) The department shall report a physician's violation of any provision of this section
to the state entity that regulates the licensing of a physician.
(6) A physician who performs an abortion under Subsection (1)(c) shall:
(a) maintain an accurate record as to the manner in which the physician conducted the
verification under Subsection (1)(c)(ii)(A); and
(b) report the information described in Subsection (6)(a) to the department in
accordance with Section 
76-7-313
.
Section 16. 
 Appropriation.
The following sums of money are appropriated for the fiscal year beginning July 1,
2023, and ending June 30, 2024. These are additions to amounts previously appropriated for
fiscal year 2024. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
Act, the Legislature appropriates the following sums of money from the funds or accounts
indicated for the use and support of the government of the state of Utah.
ITEM 1
To Department of Public Safety - Peace Officer Standards and Training
From General Fund, One-time
10,000
Schedule of Programs:
Peace Officer Standards and Training 10,000
The Legislature intends that:
(1) the appropriation under this item be used for the training program described in
Subsections 
53-6-202
(6) and 
53-10-908
(2) of this bill; and
(2) under Section 
63J-1-603
, the one-time appropriation provided under this item not
lapse at the close of fiscal year 2024 and the use of any nonlapsing funds is limited to the
purposes described in Subsection (1) of this item.