Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 209 First Substitute (2023GS)

Sponsor

Sen. Anderegg, J.

Final action

Governor Signed 3/15/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• makes technical updates in Titles 63J through 80 to cross references to the Utah Health and Human Services Code that are renumbered and amended in:
• S.B. 38, Health and Human Services Recodification - Administration, Licensing, and Recovery Services;
• S.B. 39, Health and Human Services Recodification - Health Care Assistance and Data;
• S.B. 40, Health and Human Services Recodification - Health Care Delivery and Repeals; and
• S.B. 41, Health and Human Services Recodification - Prevention, Supports, Substance Use and Mental Health; and
• makes technical and corresponding changes.

Every vote on this bill

Bill text

HEALTH AND HUMAN SERVICES RECODIFICATION -
CROSS REFERENCES, TITLES 63J-80
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jacob L. Anderegg
House Sponsor: 
Raymond P. Ward
LONG TITLE
General Description:
This bill updates cross references to the Utah Health and Human Services Code in
Titles 63J through 80.
Highlighted Provisions:
This bill:
▸ makes technical updates in Titles 63J through 80 to cross references to the Utah
Health and Human Services Code that are renumbered and amended in:
• S.B. 38, Health and Human Services Recodification - Administration,
Licensing, and Recovery Services;
• S.B. 39, Health and Human Services Recodification - Health Care Assistance
and Data;
• S.B. 40, Health and Human Services Recodification - Health Care Delivery and
Repeals; and
• S.B. 41, Health and Human Services Recodification - Prevention, Supports,
Substance Use and Mental Health; and
▸ makes technical and corresponding changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides coordination clauses.
This bill provides revisor instructions.
Utah Code Sections Affected:
AMENDS:
63J-1-601
, as last amended by Laws of Utah 2022, Chapters 68, 451
63J-1-602.1
, as last amended by Laws of Utah 2022, Chapters 48, 191, 255, 335, 415,
and 451
63J-1-602.2
, as last amended by Laws of Utah 2022, Chapters 59, 68, 154, 224, 236,
242, and 447 and last amended by Coordination Clause, Laws of Utah 2022,
Chapter 154
63J-5-206
, as last amended by Laws of Utah 2018, Chapter 467
63J-7-102
, as last amended by Laws of Utah 2022, Chapters 224, 451 and 456
63M-7-204
, as last amended by Laws of Utah 2022, Chapter 187
63M-7-209
, as last amended by Laws of Utah 2022, Chapter 36
63M-7-216
, as enacted by Laws of Utah 2020, Chapter 200
63M-7-301
, as last amended by Laws of Utah 2022, Chapter 255
63M-7-303
, as last amended by Laws of Utah 2022, Chapter 211
63M-13-202
, as last amended by Laws of Utah 2020, Chapter 354
64-13-37
, as enacted by Laws of Utah 1993, Chapter 277
64-13-39
, as enacted by Laws of Utah 1995, Chapter 353
64-13-39.5
, as last amended by Laws of Utah 2009, Chapter 355
64-13-44
, as enacted by Laws of Utah 2013, Chapter 256
67-3-1
, as last amended by Laws of Utah 2022, Chapter 307
67-3-11
, as last amended by Laws of Utah 2022, Chapter 255
67-5-1
, as last amended by Laws of Utah 2022, Chapter 222
67-5-16
, as last amended by Laws of Utah 2022, Chapter 335
67-20-2
, as last amended by Laws of Utah 2022, Chapters 346, 347 and last amended
by Coordination Clause, Laws of Utah 2022, Chapter 347
71-11-5
, as last amended by Laws of Utah 2018, Chapter 39
72-6-107.5
, as last amended by Laws of Utah 2022, Chapters 421, 443
72-9-103
, as last amended by Laws of Utah 2017, Chapter 96
72-10-502
, as last amended by Laws of Utah 2018, Chapter 35
75-1-107
, as last amended by Laws of Utah 2003, Chapter 49
75-2a-103
, as last amended by Laws of Utah 2022, Chapter 277
75-2a-106
, as last amended by Laws of Utah 2021, Chapter 223
75-3-104.5
, as last amended by Laws of Utah 2020, Chapter 205
75-3-803
, as last amended by Laws of Utah 2018, Chapter 443
75-3-805
, as last amended by Laws of Utah 2018, Chapter 443
75-5-309
, as last amended by Laws of Utah 2018, Chapter 455
75-5-311
, as last amended by Laws of Utah 2018, Chapter 455
75-7-508
, as last amended by Laws of Utah 2018, Chapter 443
75-7-509
, as last amended by Laws of Utah 2004, Chapters 72, 90 and renumbered and
amended by Laws of Utah 2004, Chapter 89
75-7-511
, as last amended by Laws of Utah 2018, Chapter 443
76-3-203.11
, as last amended by Laws of Utah 2020, Chapter 131
76-5-102.6
, as last amended by Laws of Utah 2022, Chapter 181
76-5-102.7
, as last amended by Laws of Utah 2022, Chapters 117, 181
76-5-102.9
, as last amended by Laws of Utah 2022, Chapter 181
76-5-112.5
, as last amended by Laws of Utah 2022, Chapter 181
76-5-113
, as last amended by Laws of Utah 2022, Chapter 181
76-5-412
, as last amended by Laws of Utah 2022, Chapter 181
76-5b-201
, as last amended by Laws of Utah 2022, Chapters 181, 185
76-6-106
, as last amended by Laws of Utah 2012, Chapter 135
76-6-702
, as last amended by Laws of Utah 2017, Chapters 462, 467
76-7-301
, as last amended by Laws of Utah 2021, Chapter 262
76-7-305
, as last amended by Laws of Utah 2022, Chapter 181
76-7-305.5
, as last amended by Laws of Utah 2020, Chapter 251
76-7-306
, as repealed and reenacted by Laws of Utah 2011, Chapter 277
76-7-313
, as last amended by Laws of Utah 2019, Chapters 124, 208
76-7-314
, as last amended by Laws of Utah 2019, Chapter 208
76-8-311.1
, as last amended by Laws of Utah 2020, Chapter 396
76-8-311.3
, as last amended by Laws of Utah 2020, Chapters 302, 347
76-8-1202
, as last amended by Laws of Utah 1997, Chapter 174
76-9-307
, as last amended by Laws of Utah 2009, Chapter 110
76-9-704
, as last amended by Laws of Utah 2007, Chapters 60, 231
76-10-101
, as last amended by Laws of Utah 2022, Chapter 199
76-10-526
, as last amended by Laws of Utah 2021, Chapters 166, 277
76-10-528
, as last amended by Laws of Utah 2022, Chapter 159
76-10-1311
, as last amended by Laws of Utah 2008, Chapter 382
76-10-1312
, as last amended by Laws of Utah 2011, Chapter 70
76-10-1602
, as last amended by Laws of Utah 2022, Chapters 181, 185
76-10-2204
, as enacted by Laws of Utah 2019, Chapter 377
76-10-3105
, as renumbered and amended by Laws of Utah 2013, Chapter 187
77-15-6
, as last amended by Laws of Utah 2018, Chapter 147
77-15a-104
, as last amended by Laws of Utah 2018, Chapter 281
77-15a-105
, as enacted by Laws of Utah 2003, Chapter 11
77-16a-101
, as last amended by Laws of Utah 2011, Chapter 366
77-16a-202
, as last amended by Laws of Utah 2011, Chapter 366
77-16a-203
, as last amended by Laws of Utah 2011, Chapter 366
77-16a-204
, as last amended by Laws of Utah 2011, Chapter 366
77-16a-302
, as last amended by Laws of Utah 2011, Chapter 366
77-18-102
, as enacted by Laws of Utah 2021, Chapter 260
77-18-106
, as enacted by Laws of Utah 2021, Chapter 260
77-19-204
, as enacted by Laws of Utah 2004, Chapter 137
77-19-205
, as enacted by Laws of Utah 2004, Chapter 137
77-19-206
, as enacted by Laws of Utah 2004, Chapter 137
77-23-213
, as last amended by Laws of Utah 2019, Chapter 349
77-32b-103
, as last amended by Laws of Utah 2022, Chapters 328, 359
77-40a-305
, as last amended by Laws of Utah 2022, Chapter 384 and renumbered and
amended by Laws of Utah 2022, Chapter 250
77-40a-306
, as enacted by Laws of Utah 2022, Chapter 250
78A-2-231
, as last amended by Laws of Utah 2022, Chapter 256
78A-2-301
, as last amended by Laws of Utah 2022, Chapters 276, 384
78A-5-201
, as last amended by Laws of Utah 2022, Chapter 187
78A-6-103
, as last amended by Laws of Utah 2022, Chapters 155, 335
78A-6-208
, as last amended by Laws of Utah 2021, Chapter 261
78A-6-209
, as last amended by Laws of Utah 2022, Chapters 335, 430
78A-6-356
, as last amended by Laws of Utah 2022, Chapters 334, 470
78B-3-403
, as last amended by Laws of Utah 2022, Chapters 356, 415
78B-3-405
, as renumbered and amended by Laws of Utah 2008, Chapter 3
78B-3-701
, as last amended by Laws of Utah 2009, Chapter 110
78B-4-501
, as last amended by Laws of Utah 2018, Chapter 62
78B-5-618
, as last amended by Laws of Utah 2022, Chapter 327
78B-5-902
, as last amended by Laws of Utah 2022, Chapter 255
78B-5-904
, as enacted by Laws of Utah 2021, Chapter 208
78B-6-103
, as last amended by Laws of Utah 2022, Chapter 335
78B-6-113
, as last amended by Laws of Utah 2017, Chapter 280
78B-6-124
, as last amended by Laws of Utah 2022, Chapter 335
78B-6-128
, as last amended by Laws of Utah 2022, Chapter 335
78B-6-131
, as last amended by Laws of Utah 2022, Chapter 335
78B-6-142
, as last amended by Laws of Utah 2020, Chapter 201
78B-7-205
, as last amended by Laws of Utah 2020, Chapter 142
78B-7-603
, as last amended by Laws of Utah 2022, Chapter 142
78B-8-401
, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 16
78B-8-402
, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 16
78B-8-404
, as last amended by Laws of Utah 2017, Chapter 185
78B-10-106
, as last amended by Laws of Utah 2022, Chapter 335
78B-12-102
, as last amended by Laws of Utah 2021, Chapter 111
78B-12-111
, as renumbered and amended by Laws of Utah 2008, Chapter 3
78B-12-112
, as renumbered and amended by Laws of Utah 2008, Chapter 3
78B-12-113
, as renumbered and amended by Laws of Utah 2008, Chapter 3
78B-12-216
, as renumbered and amended by Laws of Utah 2008, Chapter 3
78B-12-402
, as last amended by Laws of Utah 2019, Chapter 136
78B-14-103
, as and further amended by Revisor Instructions, Laws of Utah 2013,
Chapter 245
78B-14-501
, as renumbered and amended by Laws of Utah 2008, Chapter 3
78B-14-605
, as last amended by Laws of Utah 2015, Chapter 45
78B-14-703
, as and further amended by Revisor Instructions, Laws of Utah 2013,
Chapter 245
78B-14-704
, as and further amended by Revisor Instructions, Laws of Utah 2013,
Chapter 245
78B-15-104
, as last amended by Laws of Utah 2021, Chapter 261
78B-15-107
, as renumbered and amended by Laws of Utah 2008, Chapter 3
78B-24-203
, as enacted by Laws of Utah 2022, Chapter 326
78B-24-307
, as enacted by Laws of Utah 2022, Chapter 326
78B-24-308
, as enacted by Laws of Utah 2022, Chapter 326
79-2-404
, as last amended by Laws of Utah 2022, Chapters 421, 443
80-1-102
, as last amended by Laws of Utah 2022, Chapters 155, 185, 217, 255, 326,
334, and 430
80-1-103
, as renumbered and amended by Laws of Utah 2021, Chapter 261
80-2-501
, as renumbered and amended by Laws of Utah 2022, Chapter 334
80-2-603
, as renumbered and amended by Laws of Utah 2022, Chapter 334
80-2-604
, as renumbered and amended by Laws of Utah 2022, Chapter 334
80-2-802
, as enacted by Laws of Utah 2022, Chapter 334
80-2-803
, as enacted by Laws of Utah 2022, Chapter 334
80-2-804
, as renumbered and amended by Laws of Utah 2022, Chapter 334
80-2-909
, as renumbered and amended by Laws of Utah 2022, Chapter 334
80-2-1001
, as renumbered and amended by Laws of Utah 2022, Chapter 334
80-2-1002
, as renumbered and amended by Laws of Utah 2022, Chapter 334
80-2-1005
, as last amended by Laws of Utah 2022, Chapters 187, 255 and 430 and
renumbered and amended by Laws of Utah 2022, Chapter 334
80-2a-202
, as renumbered and amended by Laws of Utah 2022, Chapter 334
80-2a-301
, as last amended by Laws of Utah 2022, Chapter 287 and renumbered and
amended by Laws of Utah 2022, Chapter 334 and last amended by Coordination
Clause, Laws of Utah 2022, Chapter 334
80-3-110
, as last amended by Laws of Utah 2022, Chapter 256
80-3-204
, as last amended by Laws of Utah 2022, Chapter 335
80-3-302
, as last amended by Laws of Utah 2022, Chapters 287, 334
80-3-305
, as last amended by Laws of Utah 2022, Chapter 334
80-3-404
, as last amended by Laws of Utah 2022, Chapters 255, 334
80-3-405
, as last amended by Laws of Utah 2022, Chapter 335
80-3-504
, as enacted by Laws of Utah 2022, Chapter 334
80-4-109
, as enacted by Laws of Utah 2021, Chapter 261
80-4-302
, as renumbered and amended by Laws of Utah 2021, Chapter 261
80-4-501
, as renumbered and amended by Laws of Utah 2022, Chapter 334
80-6-402
, as last amended by Laws of Utah 2022, Chapter 152
80-6-403
, as last amended by Laws of Utah 2022, Chapter 152
80-6-608
, as renumbered and amended by Laws of Utah 2021, Chapter 261
80-6-706
, as enacted by Laws of Utah 2021, Chapter 261
80-6-801
, as enacted by Laws of Utah 2021, Chapter 261
Utah Code Sections Affected by Coordination Clause:
63M-7-303
, as last amended by Laws of Utah 2022, Chapter 211
78A-2-231
, as last amended by Laws of Utah 2022, Chapter 256
80-3-110
, as last amended by Laws of Utah 2022, Chapter 256
80-4-109
, as enacted by Laws of Utah 2021, Chapter 261
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
63J-1-601
 is amended to read:
63J-1-601.
End of fiscal year -- Unexpended balances -- Funds not to be closed
out -- Pending claims -- Transfer of amounts from item of appropriation -- Nonlapsing
accounts and funds -- Institutions of higher education to report unexpended balances.
(1) As used in this section:
(a) "Education grant subrecipient" means a nonfederal entity that:
(i) receives a subaward from the State Board of Education to carry out at least part of a
federal or state grant program; and
(ii) does not include an individual who is a beneficiary of the federal or state grant
program.
(b) "Transaction control number" means the unique numerical identifier established by
the Department of [
Health
] 
Health and Human Services
 to track each medical claim and
indicates the date on which the claim is entered.
(2) On or before August 31 of each fiscal year, the director of the Division of Finance
shall close out to the proper fund or account all remaining unexpended and unencumbered
balances of appropriations made by the Legislature, except:
(a) those funds classified under Title 51, Chapter 5, Funds Consolidation Act, as:
(i) enterprise funds;
(ii) internal service funds;
(iii) fiduciary funds;
(iv) capital projects funds;
(v) discrete component unit funds;
(vi) debt service funds; and
(vii) permanent funds;
(b) those appropriations from a fund or account or appropriations to a program that are
designated as nonlapsing under Section 
63J-1-602.1
 or 
63J-1-602.2
;
(c) expendable special revenue funds, unless specifically directed to close out the fund
in the fund's enabling legislation;
(d) acquisition and development funds appropriated to the Division of State Parks or
the Division of Outdoor Recreation;
(e) funds encumbered to pay purchase orders issued before May 1 for capital
equipment if delivery is expected before June 30; and
(f) unexpended and unencumbered balances of appropriations that meet the
requirements of Section 
63J-1-603
.
(3) (a) Liabilities and related expenses for goods and services received on or before
June 30 shall be recognized as expenses due and payable from appropriations made before June
30.
(b) The liability and related expense shall be recognized within time periods
established by the Division of Finance but shall be recognized not later than August 31.
(c) Liabilities and expenses not so recognized may be paid from regular departmental
appropriations for the subsequent fiscal year, if these claims do not exceed unexpended and
unencumbered balances of appropriations for the years in which the obligation was incurred.
(d) Amounts may not be transferred from an item of appropriation of any department,
institution, or agency into the Capital Projects Fund or any other fund without the prior express
approval of the Legislature.
(4) (a) For purposes of this chapter, a claim processed under the authority of [
Title 26,
Chapter 18, Medical Assistance Act
] 
Title 26B, Chapter 3, Health Care - Administration and
Assistance
:
(i) is not a liability or an expense to the state for budgetary purposes, unless the
Division of [
Health Care Financing
] 
Integrated Healthcare
 receives the claim within the time
periods established by the Division of Finance under Subsection (3)(b); and
(ii) is not subject to Subsection (3)(c).
(b) The transaction control number that the Division of [
Health Care Financing
]
Integrated Healthcare
 records on each claim invoice is the date of receipt.
(5) (a) For purposes of this chapter, a claim processed in accordance with Title 35A,
Chapter 13, Utah State Office of Rehabilitation Act:
(i) is not a liability or an expense to the state for budgetary purposes, unless the Utah
State Office of Rehabilitation receives the claim within the time periods established by the
Division of Finance under Subsection (3)(b); and
(ii) is not subject to Subsection (3)(c).
(b) (i) The Utah State Office of Rehabilitation shall mark each claim invoice with the
date on which the Utah State Office of Rehabilitation receives the claim invoice.
(ii) The date described in Subsection (5)(b)(i) is the date of receipt for purposes of this
section.
(6) (a) For purposes of this chapter, a reimbursement request received from an
education grant subrecipient:
(i) is not a liability or expense to the state for budgetary purposes, unless the State
Board of Education receives the claim within the time periods described in Subsection (3)(b);
and
(ii) is not subject to Subsection (3)(c).
(b) The transaction control number that the State Board of Education records on a
claim invoice is the date of receipt.
(7) Any balance from an appropriation to a state institution of higher education that
remains unexpended at the end of the fiscal year shall be reported to the Division of Finance by
the September 1 following the close of the fiscal year.
Section 2. Section 
63J-1-602.1
 is amended to read:
63J-1-602.1.
List of nonlapsing appropriations from accounts and funds.
Appropriations made from the following accounts or funds are nonlapsing:
(1) The Utah Intracurricular Student Organization Support for Agricultural Education
and Leadership Restricted Account created in Section 
4-42-102
.
(2) The Native American Repatriation Restricted Account created in Section 
9-9-407
.
(3) The Martin Luther King, Jr. Civil Rights Support Restricted Account created in
Section 
9-18-102
.
(4) The National Professional Men's Soccer Team Support of Building Communities
Restricted Account created in Section 
9-19-102
.
(5) Funds collected for directing and administering the C-PACE district created in
Section 
11-42a-106
.
(6) Money received by the Utah Inland Port Authority, as provided in Section
11-58-105
.
(7) The "Latino Community Support Restricted Account" created in Section 
13-1-16
.
(8) The Clean Air Support Restricted Account created in Section 
19-1-109
.
(9) The Division of Air Quality Oil, Gas, and Mining Restricted Account created in
Section 
19-2a-106
.
(10) The Division of Water Quality Oil, Gas, and Mining Restricted Account created in
Section 
19-5-126
.
(11) The "Support for State-Owned Shooting Ranges Restricted Account" created in
Section 
23-14-13.5
.
(12) Award money under the State Asset Forfeiture Grant Program, as provided under
Section 
24-4-117
.
(13) Funds collected from the program fund for local health department expenses
incurred in responding to a local health emergency under Section [
26-1-38
] 
26B-7-111
.
(14) The Children with Cancer Support Restricted Account created in Section
[
26-21a-304
] 
26B-1-314
.
(15) State funds for matching federal funds in the Children's Health Insurance Program
as provided in Section [
26-40-108
] 
26B-3-906
.
(16) The Children with Heart Disease Support Restricted Account created in Section[
26-58-102
] 
26B-1-321
.
(17) The Technology Development Restricted Account created in Section 
31A-3-104
.
(18) The Criminal Background Check Restricted Account created in Section
31A-3-105
.
(19) The Captive Insurance Restricted Account created in Section 
31A-3-304
, except
to the extent that Section 
31A-3-304
 makes the money received under that section free revenue.
(20) The Title Licensee Enforcement Restricted Account created in Section
31A-23a-415
.
(21) The Health Insurance Actuarial Review Restricted Account created in Section
31A-30-115
.
(22) The Insurance Fraud Investigation Restricted Account created in Section
31A-31-108
.
(23) The Underage Drinking Prevention Media and Education Campaign Restricted
Account created in Section 
32B-2-306
.
(24) The Drinking While Pregnant Prevention Media and Education Campaign
Restricted Account created in Section 
32B-2-308
.
(25) The School Readiness Restricted Account created in Section 
35A-15-203
.
(26) Money received by the Utah State Office of Rehabilitation for the sale of certain
products or services, as provided in Section 
35A-13-202
.
(27) The Oil and Gas Administrative Penalties Account created in Section 
40-6-11
.
(28) The Oil and Gas Conservation Account created in Section 
40-6-14.5
.
(29) The Division of Oil, Gas, and Mining Restricted account created in Section
40-6-23
.
(30) The Electronic Payment Fee Restricted Account created by Section 
41-1a-121
 to
the Motor Vehicle Division.
(31) The Motor Vehicle Enforcement Division Temporary Permit Restricted Account
created by Section 
41-3-110
 to the State Tax Commission.
(32) The Utah Law Enforcement Memorial Support Restricted Account created in
Section 
53-1-120
.
(33) The State Disaster Recovery Restricted Account to the Division of Emergency
Management, as provided in Section 
53-2a-603
.
(34) The Post Disaster Recovery and Mitigation Restricted Account created in Section
53-2a-1302
.
(35) The Department of Public Safety Restricted Account to the Department of Public
Safety, as provided in Section 
53-3-106
.
(36) The Utah Highway Patrol Aero Bureau Restricted Account created in Section
53-8-303
.
(37) The DNA Specimen Restricted Account created in Section 
53-10-407
.
(38) The Canine Body Armor Restricted Account created in Section 
53-16-201
.
(39) The Technical Colleges Capital Projects Fund created in Section 
53B-2a-118
.
(40) The Higher Education Capital Projects Fund created in Section 
53B-22-202
.
(41) A certain portion of money collected for administrative costs under the School
Institutional Trust Lands Management Act, as provided under Section 
53C-3-202
.
(42) The Public Utility Regulatory Restricted Account created in Section 
54-5-1.5
,
subject to Subsection 
54-5-1.5
(4)(d).
(43) Funds collected from a surcharge fee to provide certain licensees with access to an
electronic reference library, as provided in Section 
58-3a-105
.
(44) Certain fines collected by the Division of Professional Licensing for violation of
unlawful or unprofessional conduct that are used for education and enforcement purposes, as
provided in Section 
58-17b-505
.
(45) Funds collected from a surcharge fee to provide certain licensees with access to an
electronic reference library, as provided in Section 
58-22-104
.
(46) Funds collected from a surcharge fee to provide certain licensees with access to an
electronic reference library, as provided in Section 
58-55-106
.
(47) Funds collected from a surcharge fee to provide certain licensees with access to an
electronic reference library, as provided in Section 
58-56-3.5
.
(48) Certain fines collected by the Division of Professional Licensing for use in
education and enforcement of the Security Personnel Licensing Act, as provided in Section
58-63-103
.
(49) The Relative Value Study Restricted Account created in Section 
59-9-105
.
(50) The Cigarette Tax Restricted Account created in Section 
59-14-204
.
(51) Funds paid to the Division of Real Estate for the cost of a criminal background
check for a mortgage loan license, as provided in Section 
61-2c-202
.
(52) Funds paid to the Division of Real Estate for the cost of a criminal background
check for principal broker, associate broker, and sales agent licenses, as provided in Section
61-2f-204
.
(53) Certain funds donated to the Department of Health and Human Services, as
provided in Section 
26B-1-202
.
(54) The National Professional Men's Basketball Team Support of Women and
Children Issues Restricted Account created in Section 
26B-1-302
.
(55) Certain funds donated to the Division of Child and Family Services, as provided
in Section 
80-2-404
.
(56) The Choose Life Adoption Support Restricted Account created in Section
80-2-502
.
(57) Funds collected by the Office of Administrative Rules for publishing, as provided
in Section 
63G-3-402
.
(58) The Immigration Act Restricted Account created in Section 
63G-12-103
.
(59) Money received by the military installation development authority, as provided in
Section 
63H-1-504
.
(60) The Computer Aided Dispatch Restricted Account created in Section 
63H-7a-303
.
(61) The Unified Statewide 911 Emergency Service Account created in Section
63H-7a-304
.
(62) The Utah Statewide Radio System Restricted Account created in Section
63H-7a-403
.
(63) The Utah Capital Investment Restricted Account created in Section 
63N-6-204
.
(64) The Motion Picture Incentive Account created in Section 
63N-8-103
.
(65) Certain money payable for expenses of the Pete Suazo Utah Athletic Commission,
as provided under Section 
63N-10-301
.
(66) Funds collected by the housing of state probationary inmates or state parole
inmates, as provided in Subsection 
64-13e-104
(2).
(67) Certain forestry and fire control funds utilized by the Division of Forestry, Fire,
and State Lands, as provided in Section 
65A-8-103
.
(68) The Amusement Ride Safety Restricted Account, as provided in Section
72-16-204
.
(69) Certain funds received by the Office of the State Engineer for well drilling fines or
bonds, as provided in Section 
73-3-25
.
(70) The Water Resources Conservation and Development Fund, as provided in
Section 
73-23-2
.
(71) Funds donated or paid to a juvenile court by private sources, as provided in
Subsection 
78A-6-203
(1)(c).
(72) Fees for certificate of admission created under Section 
78A-9-102
.
(73) Funds collected for adoption document access as provided in Sections 
78B-6-141
,
78B-6-144
, and 
78B-6-144.5
.
(74) Funds collected for indigent defense as provided in Title 78B, Chapter 22, Part 4,
Utah Indigent Defense Commission.
(75) The Utah Geological Survey Oil, Gas, and Mining Restricted Account created in
Section 
79-3-403
.
(76) Revenue for golf user fees at the Wasatch Mountain State Park, Palisades State
Park, and Green River State Park, as provided under Section 
79-4-403
.
(77) Funds donated as described in Section 
41-1a-422
 for the State Park Fees
Restricted Account created in Section 
79-4-402
 for support of the Division of State Parks' dark
sky initiative.
(78) Certain funds received by the Division of State Parks from the sale or disposal of
buffalo, as provided under Section 
79-4-1001
.
Section 3. Section 
63J-1-602.2
 is amended to read:
63J-1-602.2.
List of nonlapsing appropriations to programs.
Appropriations made to the following programs are nonlapsing:
(1) The Legislature and the Legislature's committees.
(2) The State Board of Education, including all appropriations to agencies, line items,
and programs under the jurisdiction of the State Board of Education, in accordance with
Section 
53F-9-103
.
(3) The Percent-for-Art Program created in Section 
9-6-404
.
(4) The LeRay McAllister Critical Land Conservation Program created in Section
4-46-301.
(5) The Utah Lake Authority created in Section 
11-65-201
.
(6) Dedicated credits accrued to the Utah Marriage Commission as provided under
Subsection 
17-16-21
(2)(d)(ii).
(7) The Division of Wildlife Resources for the appraisal and purchase of lands under
the Pelican Management Act, as provided in Section 
23-21a-6
.
[
(8) The Emergency Medical Services Grant Program in Section 
26-8a-207
.
]
[
(9) The primary care grant program created in Section 
26-10b-102
.
]
[
(10) Sanctions collected as dedicated credits from Medicaid providers under
Subsection 
26-18-3
(7).
]
[
(11) The Utah Health Care Workforce Financial Assistance Program created in
Section 
26-46-102
.
]
[
(12) The Rural Physician Loan Repayment Program created in Section 
26-46a-103
.
]
[
(13) The Opiate Overdose Outreach Pilot Program created in Section 
26-55-107
.
]
[
(14) The Utah Medical Education Council for the:
]
[
(a) administration of the Utah Medical Education Program created in Section
26-69-403
;
]
[
(b) provision of medical residency grants described in Section 
26-69-407
; and
]
[
(c) provision of the forensic psychiatric fellowship grant described in Section
26-69-408
.
]
(8) Sanctions collected as dedicated credits from Medicaid providers under Subsection
26B-3-108
(7).
(9) The Emergency Medical Services Grant Program in Section 
26B-4-107
.
(10) The primary care grant program created in Section 
26B-4-310
.
(11) The Opiate Overdose Outreach Pilot Program created in Section 
26B-4-512
.
(12) The Utah Health Care Workforce Financial Assistance Program created in Section
26B-4-702
.
(13) The Rural Physician Loan Repayment Program created in Section 
26B-4-703
.
(14) The Utah Medical Education Council for the:
(a) administration of the Utah Medical Education Program created in Section
26B-4-707
;
(b) provision of medical residency grants described in Section 
26B-4-711
; and
(c) provision of the forensic psychiatric fellowship grant described in Section
26B-4-712
.
(15) The Division of Services for People with Disabilities, as provided in Section
26B-6-402
.
[
(15)
] 
(16)
 Funds that the Department of Alcoholic Beverage Services retains in
accordance with Subsection 
32B-2-301
(8)(a) or (b).
[
(16)
] 
(17)
 The General Assistance program administered by the Department of
Workforce Services, as provided in Section 
35A-3-401
.
[
(17)
] 
(18)
 The Utah National Guard, created in Title 39, Militia and Armories.
[
(18)
] 
(19)
 The State Tax Commission under Section 
41-1a-1201
 for the:
(a) purchase and distribution of license plates and decals; and
(b) administration and enforcement of motor vehicle registration requirements.
[
(19)
] 
(20)
 The Search and Rescue Financial Assistance Program, as provided in
Section 
53-2a-1102
.
[
(20)
] 
(21)
 The Motorcycle Rider Education Program, as provided in Section 
53-3-905
.
[
(21)
] 
(22)
 The Utah Board of Higher Education for teacher preparation programs, as
provided in Section 
53B-6-104
.
[
(22)
] 
(23)
 Innovation grants under Section 
53G-10-608
, except as provided in
Subsection 
53G-10-608
(6).
[
(23) The Division of Services for People with Disabilities, as provided in Section
62A-5-102
.
]
(24) The Division of Fleet Operations for the purpose of upgrading underground
storage tanks under Section 
63A-9-401
.
(25) The Utah Seismic Safety Commission, as provided in Section 
63C-6-104
.
(26) The Division of Technology Services for technology innovation as provided under
Section 
63A-16-903
.
(27) The Office of Administrative Rules for publishing, as provided in Section
63G-3-402
.
(28) The Colorado River Authority of Utah, created in Title 63M, Chapter 14,
Colorado River Authority of Utah Act.
(29) The Governor's Office of Economic Opportunity to fund the Enterprise Zone Act,
as provided in Title 63N, Chapter 2, Part 2, Enterprise Zone Act.
(30) The Governor's Office of Economic Opportunity's Rural Employment Expansion
Program, as described in Title 63N, Chapter 4, Part 4, Rural Employment Expansion Program.
(31) Programs for the Jordan River Recreation Area as described in Section 
65A-2-8
.
(32) The Division of Human Resource Management user training program, as provided
in Section 
63A-17-106
.
(33) A public safety answering point's emergency telecommunications service fund, as
provided in Section 
69-2-301
.
(34) The Traffic Noise Abatement Program created in Section 
72-6-112
.
(35) The money appropriated from the Navajo Water Rights Negotiation Account to
the Division of Water Rights, created in Section 
73-2-1.1
, for purposes of participating in a
settlement of federal reserved water right claims.
(36) The Judicial Council for compensation for special prosecutors, as provided in
Section 
77-10a-19
.
(37) A state rehabilitative employment program, as provided in Section 
78A-6-210
.
(38) The Utah Geological Survey, as provided in Section 
79-3-401
.
(39) The Bonneville Shoreline Trail Program created under Section 
79-5-503
.
(40) Adoption document access as provided in Sections 
78B-6-141
, 
78B-6-144
, and
78B-6-144.5
.
(41) Indigent defense as provided in Title 78B, Chapter 22, Part 4, Utah Indigent
Defense Commission.
(42) The program established by the Division of Facilities Construction and
Management under Section 
63A-5b-703
 under which state agencies receive an appropriation
and pay lease payments for the use and occupancy of buildings owned by the Division of
Facilities Construction and Management.
(43) The State Tax Commission for reimbursing counties for deferred property taxes in
accordance with Section 
59-2-1802
.
Section 4. Section 
63J-5-206
 is amended to read:
63J-5-206.
Intergovernmental transfers for Medicaid.
(1) Subject to Subsections (2) and (3), an intergovernmental transfer program under
Section [
26-18-21
] 
26B-3-130
 is subject to the same review provisions as a federal funds
request under this chapter.
(2) Notwithstanding Subsection (1), if a new intergovernmental transfer program
created under Subsection [
26-18-21
(3)
] 
26B-3-130
(3)
 will result in the state receiving total
payments of $10,000,000 or more per year from the federal government, the intergovernmental
transfer program is subject to the same review provisions as a high impact federal funds request
in Subsections 
63J-5-204
(3), (4), and (5).
(3) (a) Beginning on July 1, 2017, an intergovernmental transfer program created
before July 1, 2017, is subject to the federal funds review process of Section 
63J-5-201
 for
periods after July 1, 2017.
(b) The addition of a new participant into an existing intergovernmental transfer
program, or the addition by the department of a nursing care facility or a non-state government
entity to the Nursing Care Facility Non-State Government-Owned Upper Payment Limit
program, is not subject to the requirements of this section.
Section 5. Section 
63J-7-102
 is amended to read:
63J-7-102.
Scope and applicability of chapter.
(1) Except as provided in Subsection (2), and except as otherwise provided by a statute
superseding provisions of this chapter by explicit reference to this chapter, the provisions of
this chapter apply to each agency and govern each grant received on or after May 5, 2008.
(2) This chapter does not govern:
(a) a grant deposited into a General Fund restricted account;
(b) a grant deposited into a Fiduciary Fund as defined in Section 
51-5-4
;
(c) a grant deposited into an Enterprise Fund as defined in Section 
51-5-4
;
(d) a grant made to the state without a restriction or other designated purpose that is
deposited into the General Fund as free revenue;
(e) a grant made to the state that is restricted only to "education" and that is deposited
into the Income Tax Fund or Uniform School Fund as free revenue;
(f) in-kind donations;
(g) a tax, fees, penalty, fine, surcharge, money judgment, or other money due the state
when required by state law or application of state law;
(h) a contribution made under Title 59, Chapter 10, Part 13, Individual Income Tax
Contribution Act;
(i) a grant received by an agency from another agency or political subdivision;
(j) a grant to the Utah Dairy Commission created in Section 
4-22-103
;
(k) a grant to the Heber Valley Historic Railroad Authority created in Section
63H-4-102
;
(l) a grant to the Utah State Railroad Museum Authority created in Section 
63H-5-102
;
(m) a grant to the Utah Housing Corporation created in Section 
63H-8-201
;
(n) a grant to the Utah State Fair Corporation created in Section 
63H-6-103
;
(o) a grant to the Utah State Retirement Office created in Section 
49-11-201
;
(p) a grant to the School and Institutional Trust Lands Administration created in
Section 
53C-1-201
;
(q) a grant to the Utah Communications Authority created in Section 
63H-7a-201
;
(r) a grant to the Medical Education Program created in Section [
26-69-403
]
26B-4-707
;
(s) a grant to the Utah Capital Investment Corporation created in Section 
63N-6-301
;
(t) a grant to the Utah Charter School Finance Authority created in Section 
53G-5-602
;
(u) a grant to the State Building Ownership Authority created in Section 
63B-1-304
; or
(v) a grant to the Military Installation Development Authority created in Section
63H-1-201
.
(3) An agency need not seek legislative review or approval of grants under Part 2,
Grant Approval Requirements, if:
(a) the governor has declared a state of emergency; and
(b) the grant is donated to the agency to assist victims of the state of emergency under
Subsection 
53-2a-204
(1).
Section 6. 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)
] 
26B-5-102
(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)
] 
26B-5-102
(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)
] 
26B-5-102
(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.
(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 7. Section 
63M-7-209
 is amended to read:
63M-7-209.
Trauma-informed justice program.
(1) As used in this section:
(a) "Committee" means the Multi-Disciplinary Trauma-Informed Committee created
under Subsection (2).
(b) "First responder" includes:
(i) a law enforcement officer, as defined in Section 
53-13-103
;
(ii) emergency medical service personnel, as defined in Section [
26-8a-102
]
26B-4-101
; and
(iii) a firefighter.
(c) "Trauma-informed" means a policy, procedure, program, or practice that
demonstrates an ability to minimize retraumatization associated with the criminal and juvenile
justice system.
(d) "Victim" means the same as that term is defined in Section 
77-37-2
.
(2) (a) The commission shall create a committee known as the Multi-Disciplinary
Trauma-Informed Committee to assist the commission in meeting the requirements of this
section. The commission shall provide for the membership, terms, and quorum requirements of
the committee, except that:
(i) at least one member of the committee shall be a victim;
(ii) the executive director of the Department of [
Health
] 
Health and Human Services
 or
the executive director's designee shall be on the committee; 
and
[
(iii) the executive director of the Department of Human Services or the executive
director's designee shall be on the committee; and
]
[
(iv)
] 
(iii)
 the commission shall terminate the committee on June 30, 2020.
(b) The commission shall use the Utah Office for Victims of Crime, the Utah Office on
Domestic and Sexual Violence, and the Utah Council on Victims of Crime in meeting the
requirements of this section.
(3) (a) The committee shall work with statewide coalitions, children's justice centers,
and other stakeholders to complete, by no later than September 1, 2019, a review of current and
recommended trauma-informed policies, procedures, programs, or practices in the state's
criminal and juvenile justice system, including:
(i) reviewing the role of victim advocates and victim services in the criminal and
juvenile justice system and:
(A) how to implement the option of a comprehensive, seamless victim advocate system
that is based on the best interests of victims and assists a victim throughout the criminal and
juvenile justice system or a victim's process of recovering from the trauma the victim
experienced as a result of being a victim of crime; and
(B) recommending what minimum qualifications a victim advocate must meet,
including recommending trauma-informed training or trauma-informed continuing education
hours;
(ii) reviewing of best practice standards and protocols, including recommending
adoption or creation of trauma-informed interview protocols, that may be used to train persons
within the criminal and juvenile justice system concerning trauma-informed policies,
procedures, programs, or practices, including training of:
(A) peace officers that is consistent with the training developed under Section
53-10-908
;
(B) first responders;
(C) prosecutors;
(D) defense counsel;
(E) judges and other court personnel;
(F) the Board of Pardons and Parole and its personnel;
(G) the Department of Corrections, including Adult Probation and Parole; and
(H) others involved in the state's criminal and juvenile justice system;
(iii) recommending outcome based metrics to measure achievement related to
trauma-informed policies, procedures, programs, or practices in the criminal and juvenile
justice system;
(iv) recommending minimum qualifications and continuing education of individuals
providing training, consultation, or administrative supervisory consultation within the criminal
and juvenile justice system regarding trauma-informed policies, procedures, programs, or
practices;
(v) identifying needs that are not funded or that would benefit from additional
resources;
(vi) identifying funding sources, including outlining the restrictions on the funding
sources, that may fund trauma-informed policies, procedures, programs, or practices;
(vii) reviewing which governmental entities should have the authority to implement
recommendations of the committee; and
(viii) reviewing the need, if any, for legislation or appropriations to meet budget needs.
(b) Whenever the commission conducts a related survey, the commission, when
possible, shall include how victims and their family members interact with Utah's criminal and
juvenile justice system, including whether the victims and family members are treated with
trauma-informed policies, procedures, programs, or practices throughout the criminal and
juvenile justice system.
(4) The commission shall establish and administer a performance incentive grant
program that allocates money appropriated by the Legislature to public or private entities:
(a) to provide advocacy and related service for victims in connection with the Board of
Pardons and Parole process; and
(b) that have demonstrated experience and competency in the best practices and
standards of trauma-informed care.
(5) The commission shall report to the Judiciary Interim Committee, at the request of
the Judiciary Interim Committee, and the Law Enforcement and Criminal Justice Interim
Committee by no later than the September 2019 interim regarding the grant under Subsection
(4), the committee's activities under this section, and whether the committee should be
extended beyond June 30, 2020.
Section 8. Section 
63M-7-216
 is amended to read:
63M-7-216.
Prosecutorial data collection -- Policy transparency.
(1) As used in this section:
(a) "Commission" means the Commission on Criminal and Juvenile Justice created in
Section 
63M-7-201
.
(b) (i) "Criminal case" means a case where an offender is charged with an offense for
which a mandatory court appearance is required under the Uniform Bail Schedule.
(ii) "Criminal case" does not mean a case for criminal non-support under Section
76-7-201
 or any proceeding involving collection or payment of child support, medical support,
or child care expenses by or on behalf of the Office of Recovery Services under Section
[
62A-11-107
] 
26B-9-108
 or 
76-7-202
.
(c) "Offense tracking number" means a distinct number applied to each criminal
offense by the Bureau of Criminal Identification.
(d) "Pre-filing diversion" means an agreement between a prosecutor and an individual
prior to being charged with a crime, before an information or indictment is filed, in which the
individual is diverted from the traditional criminal justice system into a program of supervision
and supportive services in the community.
(e) "Post-filing diversion" is as described in Section 
77-2-5
.
(f) "Prosecutorial agency" means the Office of the Attorney General and any city,
county, or district attorney acting as a public prosecutor.
(g) "Publish" means to make aggregated data available to the general public.
(2) Beginning July 1, 2021, all prosecutorial agencies within the state shall submit the
following data with regards to each criminal case referred to it from a law enforcement agency
to the commission for compilation and analysis:
(a) the defendant's:
(i) full name;
(ii) offense tracking number;
(iii) date of birth; and
(iv) zip code;
(b) referring agency;
(c) whether the prosecutorial agency filed charges, declined charges, initiated a
pre-filing diversion, or asked the referring agency for additional information;
(d) if charges were filed, the case number and the court in which the charges were
filed;
(e) all charges brought against the defendant;
(f) whether bail was requested and, if so, the requested amount;
(g) the date of initial discovery disclosure;
(h) whether post-filing diversion was offered and, if so, whether it was entered;
(i) if post-filing diversion or other plea agreement was accepted, the date entered by the
court; and
(j) the date of conviction, acquittal, plea agreement, dismissal, or other disposition of
the case.
(3) (a) The information required by Subsection (2), including information that was
missing or incomplete at the time of an earlier submission but is presently available, shall be
submitted within 90 days of the last day of March, June, September, and December of each
year for the previous 90-day period in the form and manner selected by the commission.
(b) If the last day of the month is a Saturday, Sunday, or state holiday, the information
shall be submitted on the next working day.
(4) The prosecutorial agency shall maintain a record of all information collected and
transmitted to the commission for 10 years.
(5) The commission shall include in the plan required by Subsection 
63M-7-204
(1)(k)
an analysis of the data received, comparing and contrasting the practices and trends among and
between prosecutorial agencies in the state. The Law Enforcement and Criminal Justice Interim
Committee may request an in-depth analysis of the data received annually. Any request shall be
in writing and specify which data points the report shall focus on.
(6) The commission may provide assistance to prosecutorial agencies in setting up a
method of collecting and reporting data required by this section.
(7) Beginning January 1, 2021, all prosecutorial agencies shall publish specific office
policies. If the agency does not maintain a policy on a topic in this subsection, the agency shall
affirmatively disclose that fact. Policies shall be published online on the following topics:
(a) screening and filing criminal charges;
(b) plea bargains;
(c) sentencing recommendations;
(d) discovery practices;
(e) prosecution of juveniles, including whether to prosecute a juvenile as an adult;
(f) collection of fines and fees;
(g) criminal and civil asset forfeiture practices;
(h) services available to victims of crime, both internal to the prosecutorial office and
by referral to outside agencies;
(i) diversion programs; 
and
(j) restorative justice programs[
; and
]
.
(8) (a) A prosecutorial agency not in compliance with this section by July 1, 2022, in
accordance with the commission's guidelines may not receive grants or other funding intended
to assist with bringing the agency into compliance with this section. In addition, any funds
received for the purpose of bringing the agency into compliance with this section shall be
returned to the source of the funding.
(b) Only funding received from the commission by a prosecutorial agency specifically
intended to assist the agency with compliance with this section may be recalled.
Section 9. Section 
63M-7-301
 is amended to read:
63M-7-301.
Definitions -- Creation of council -- Membership -- Terms.
(1) (a) As used in this part, "council" means the Utah Substance Use and Mental Health
Advisory Council created in this section.
(b) There is created within the governor's office the Utah Substance Use and Mental
Health Advisory Council.
(2) The council shall be comprised of the following voting members:
(a) the attorney general or the attorney general's designee;
(b) one elected county official appointed by the Utah Association of Counties;
(c) the commissioner of public safety or the commissioner's designee;
(d) the director of the Division of Integrated Healthcare or the director's designee;
(e) the state superintendent of public instruction or the superintendent's designee;
(f) the executive director of the Department of Health and Human Services or the
executive director's designee;
(g) the executive director of the Commission on Criminal and Juvenile Justice or the
executive director's designee;
(h) the executive director of the Department of Corrections or the executive director's
designee;
(i) the director of the Division of Juvenile Justice 
and Youth
 Services or the director's
designee;
(j) the director of the Division of Child and Family Services or the director's designee;
(k) the chair of the Board of Pardons and Parole or the chair's designee;
(l) the director of the Office of Multicultural Affairs or the director's designee;
(m) the director of the Division of Indian Affairs or the director's designee;
(n) the state court administrator or the state court administrator's designee;
(o) one district court judge who presides over a drug court and who is appointed by the
chief justice of the Utah Supreme Court;
(p) one district court judge who presides over a mental health court and who is
appointed by the chief justice of the Utah Supreme Court;
(q) one juvenile court judge who presides over a drug court and who is appointed by
the chief justice of the Utah Supreme Court;
(r) one prosecutor appointed by the Statewide Association of Prosecutors;
(s) the chair or co-chair of each committee established by the council;
(t) the chair or co-chair of the Statewide Suicide Prevention Coalition created under
Subsection [
62A-15-1101
(2)
] 
26B-5-611
(3)
;
(u) one representative appointed by the Utah League of Cities and Towns to serve a
four-year term;
(v) the following members appointed by the governor to serve four-year terms:
(i) one resident of the state who has been personally affected by a substance use or
mental health disorder; and
(ii) one citizen representative; and
(w) in addition to the voting members described in Subsections (2)(a) through (v), the
following voting members appointed by a majority of the members described in Subsections
(2)(a) through (v) to serve four-year terms:
(i) one resident of the state who represents a statewide advocacy organization for
recovery from substance use disorders;
(ii) one resident of the state who represents a statewide advocacy organization for
recovery from mental illness;
(iii) one resident of the state who represents a statewide advocacy organization for
protection of rights of individuals with a disability;
(iv) one resident of the state who represents prevention professionals;
(v) one resident of the state who represents treatment professionals;
(vi) one resident of the state who represents the physical health care field;
(vii) one resident of the state who is a criminal defense attorney;
(viii) one resident of the state who is a military servicemember or military veteran
under Section 
53B-8-102
;
(ix) one resident of the state who represents local law enforcement agencies;
(x) one representative of private service providers that serve youth with substance use
disorders or mental health disorders; and
(xi) one resident of the state who is certified by the Division of Integrated Healthcare
as a peer support specialist as described in Subsection [
62A-15-103
(2)(h)
] 
26B-5-102
(2)(h)
.
(3) An individual other than an individual described in Subsection (2) may not be
appointed as a voting member of the council.
Section 10. Section 
63M-7-303
 is amended to read:
63M-7-303.
Duties of council.
(1) The Utah Substance Use and Mental Health Advisory Council shall:
(a) provide leadership and generate unity for Utah's ongoing efforts to reduce and
eliminate the impact of substance use and mental health disorders in Utah through a
comprehensive and evidence-based prevention, treatment, and justice strategy;
(b) recommend and coordinate the creation, dissemination, and implementation of
statewide policies to address substance use and mental health disorders;
(c) facilitate planning for a balanced continuum of substance use and mental health
disorder prevention, treatment, and justice services;
(d) promote collaboration and mutually beneficial public and private partnerships;
(e) coordinate recommendations made by any committee created under Section
63M-7-302
;
(f) analyze and provide an objective assessment of all proposed legislation concerning
substance use, mental health, and related issues;
(g) coordinate the implementation of Section 
77-18-104
 and related provisions in
Subsections 
77-18-103
(2)(c) and (d), as provided in Section 
63M-7-305
;
(h) comply with Sections 
32B-2-306
 and [
62A-15-403
] 
26B-5-206
; and
(i) oversee coordination for the funding, implementation, and evaluation of suicide
prevention efforts described in Section [
62A-15-1101
] 
26B-5-611
.
(2) The council shall meet quarterly or more frequently as determined necessary by the
chair.
(3) The council shall report the council's recommendations annually to the
commission, governor, the Legislature, and the Judicial Council.
Section 11. Section 
63M-13-202
 is amended to read:
63M-13-202.
Duties of the commission.
(1) The responsibilities of the commission include:
(a) supporting Utah parents and families, who have family members that are in early
childhood, by providing comprehensive and accurate information regarding the availability of
voluntary services that are available to children in early childhood from state agencies and
other private and public entities;
(b) facilitating improved coordination between state agencies and community partners
that provide services to children in early childhood;
(c) sharing and analyzing information regarding early childhood issues in the state;
(d) developing and coordinating a comprehensive delivery system of services for
children in early childhood that addresses the following four areas:
(i) family support and safety;
(ii) health and development;
(iii) early learning; and
(iv) economic development; and
(e) identifying opportunities for and barriers to the alignment of standards, rules,
policies, and procedures across programs and agencies that support children in early childhood.
(2) To fulfill the responsibilities described in Subsection (1), the commission shall:
(a) directly engage with parents, families, community members, and public and private
service providers to identify and address:
(i) the quality, effectiveness, and availability of existing services for children in early
childhood and the coordination of those services;
(ii) gaps and barriers to entry in the provision of services for children in early
childhood; and
(iii) community-based solutions in improving the quality, effectiveness, and
availability of services for children in early childhood;
(b) seek regular and ongoing feedback from a wide range of entities and individuals
that use or provide services for children in early childhood, including entities and individuals
that use, represent, or provide services for any of the following:
(i) children in early childhood who live in urban, suburban, or rural areas of the state;
(ii) children in early childhood with varying socioeconomic backgrounds;
(iii) children in early childhood with varying ethnic or racial heritage;
(iv) children in early childhood from various geographic areas of the state; and
(v) children in early childhood with special needs;
(c) study, evaluate, and report on the status and effectiveness of policies, procedures,
and programs that provide services to children in early childhood;
(d) study and evaluate the effectiveness of policies, procedures, and programs
implemented by other states and nongovernmental entities that address the needs of children in
early childhood;
(e) identify policies, procedures, and programs that are impeding efforts to help
children in early childhood in the state and recommend and implement changes to those
policies, procedures, and programs;
(f) identify policies, procedures, and programs related to children in early childhood in
the state that are inefficient or duplicative and recommend and implement changes to those
policies, procedures, and programs;
(g) recommend policy, procedure, and program changes to address the needs of
children in early childhood;
(h) develop methods for using interagency information to inform comprehensive policy
and budget decisions relating to early childhood services;
(i) develop, recommend, and coordinate a comprehensive delivery system of services
for children in early childhood; and
(j) develop strategies and monitor efforts concerning:
(i) increasing school readiness;
(ii) improving access to child care and early education programs; and
(iii) improving family and community engagement in early childhood education and
development.
(3) In fulfilling the duties of the commission, the commission shall collaborate with the
Early Childhood Utah Advisory Council created in Section [
26-66-201
] 
26B-1-422
.
(4) In fulfilling the commission's duties, the commission may:
(a) request and receive, from any state or local governmental agency or institution,
information relating to early childhood, including reports, audits, projections, and statistics;
and
(b) appoint special advisory groups to advise and assist the commission.
(5) Members of a special advisory group described in Subsection (4)(b):
(a) shall be appointed by the commission;
(b) may include:
(i) members of the commission; and
(ii) individuals from the private or public sector; and
(c) may not receive reimbursement or pay for work done in relation to the special
advisory group.
(6) A special advisory group created in accordance with Subsection (4)(b) shall report
to the commission on the progress of the special advisory group.
Section 12. Section 
64-13-37
 is amended to read:
64-13-37.
Department authorized to test offenders for communicable disease.
(1) As used in this section, "communicable disease" means:
(a) an illness due to a specific infectious agent or its toxic products, which arises
through transmission of that agent or its products from a reservoir to a susceptible host either
directly, as from an infected person or animal, or indirectly, through an intermediate plant or
animal host, vector, or the inanimate environment; and
(b) a disease designated by the Department of [
Health
] 
Health and Human Services
 by
rule as a communicable disease in accordance with Section [
26-6-7
] 
26B-7-207
.
(2) The department may:
(a) test an offender for a communicable disease upon admission or within a reasonable
time after admission to a correctional facility; and
(b) periodically retest the offender for a communicable disease during the time the
offender is in the custody of the department.
Section 13. Section 
64-13-39
 is amended to read:
64-13-39.
Standards for health care facilities.
All health care facilities, as defined in Section [
26-21-2
] 
26B-2-201
, owned or operated
by the department shall apply for and meet the requirements for accreditation by the National
Commission for Correctional Health Care. The department shall begin the application process
in a timely manner to facilitate accreditation of the health care facilities of the department on or
before January 1, 1996. Inspections to ensure compliance and accreditation shall be conducted
by staff of the national commission.
Section 14. Section 
64-13-39.5
 is amended to read:
64-13-39.5.
Definitions -- Health care for chronically or terminally ill offenders --
Notice to health care facility.
(1) As used in this section:
(a) "Department or agency" means the Utah Department of Corrections or a department
of corrections or government entity responsible for placing an offender in a facility located in
Utah.
(b) "Chronically ill" has the same meaning as in Section 
31A-36-102
.
(c) "Facility" means an assisted living facility as defined in [
Subsection 
26-21-2
(5)
]
Section 
26B-2-201
 and a nursing care facility as defined in [
Subsection 
26-21-2
(17)
] 
Section
26B-2-201
, except that transitional care units and other long term care beds owned or operated
on the premises of acute care hospitals or critical care hospitals are not facilities for the purpose
of this section.
(d) "Offender" means an inmate whom the department or agency has given an early
release, pardon, or parole due to a chronic or terminal illness.
(e) "Terminally ill" has the same meaning as in Section 
31A-36-102
.
(2) If an offender from Utah or any other state is admitted as a resident of a facility due
to the chronic or terminal illness, the department or agency placing the offender shall:
(a) provide written notice to the administrator of the facility no later than 15 days prior
to the offender's admission as a resident of a facility, stating:
(i) the offense for which the offender was convicted and a description of the actual
offense;
(ii) the offender's status with the department or agency;
(iii) that the information provided by the department or agency regarding the offender
shall be provided to employees of the facility no later than 10 days prior to the offender's
admission to the facility; and
(iv) the contact information for:
(A) the offender's parole officer and also a point of contact within the department or
agency, if the offender is on parole; and
(B) a point of contact within the department or agency, if the offender is not under
parole supervision but was given an early release or pardon due to a chronic or terminal illness;
(b) make available to the public on the Utah Department of Corrections' website and
upon request:
(i) the name and address of the facility where the offender resides; and
(ii) the date the offender was placed at the facility; and
(c) provide a training program for employees who work in a facility where offenders
reside, and if the offender is placed at the facility by:
(i) the Utah Department of Corrections, the department shall provide the training
program for the employees; and
(ii) by a department or agency from another state, that state's department or agency
shall arrange with the Utah Department of Corrections to provide the training required by this
Subsection (2), if training has not already been provided by the Utah Department of
Corrections, and shall provide to the Utah Department of Corrections any necessary
compensation for this service.
(3) The administrator of the facility shall:
(a) provide residents of the facility or their guardians notice that a convicted felon is
being admitted to the facility no later than 10 days prior to the offender's admission to the
facility;
(b) advise potential residents or their guardians of persons under Subsection (2) who
are current residents of the facility; and
(c) provide training, offered by the Utah Department of Corrections, in the safe
management of offenders for all employees.
(4) The Utah Department of Corrections shall make rules under Title 63G, Chapter 3,
Utah Administrative Rulemaking Act, establishing:
(a) a consistent format and procedure for providing notification to facilities and
information to the public in compliance with Subsection (2); and
(b) a training program, in compliance with Subsection (3) for employees, who work at
facilities where offenders reside to ensure the safety of facility residents and employees.
Section 15. Section 
64-13-44
 is amended to read:
64-13-44.
Posthumous organ donations by inmates.
(1) As used in this section:
(a) "Document of gift" [
has the same meaning as in Section 
26-28-102
] 
means the
same as that term is defined in Section 
26B-8-301
.
(b) "Sign" [
has the same meaning as in Section 
26-28-102
] 
means the same as that
term is defined in Section 
26B-8-301
.
(2) (a) The Utah Department of Corrections shall make available to each inmate a
document of gift form that allows an inmate to indicate the inmate's desire to make an
anatomical gift if the inmate dies while in the custody of the department.
(b) If the inmate chooses to make an anatomical gift after death, the inmate shall
complete a document of gift in accordance with the requirements of [
Title 26, Chapter 28,
Revised Uniform Anatomical Gift Act
] 
Title 26B, Chapter 8, Part 3, Revised Uniform
Anatomical Gift Act
.
(c) The department shall maintain a record of the document of gift that an inmate
provides to the department.
(3) Notwithstanding Title 63G, Chapter 2, Government Records Access and
Management Act, the department may, upon request, release to an organ procurement
organization, as defined in Section [
26-28-102
] 
26B-8-301
, the names and addresses of all
inmates who complete and sign the document of gift form indicating they intend to make an
anatomical gift.
(4) The making of an anatomical gift by an inmate under this section shall comply with
[
Title 26, Chapter 28, Revised Uniform Anatomical Gift Act
] 
Title 26B, Chapter 8, Part 3,
Revised Uniform Anatomical Gift Act
.
(5) Notwithstanding anything in this section, the department shall not be considered to
be an inmate's "guardian" for the purposes of [
Title 26, Chapter 28, Revised Uniform
Anatomical Gift Act
] 
Title 26B, Chapter 8, Part 3, Revised Uniform Anatomical Gift Act
.
Section 16. Section 
67-3-1
 is amended to read:
67-3-1.
Functions and duties.
(1) (a) The state auditor is the auditor of public accounts and is independent of any
executive or administrative officers of the state.
(b) The state auditor is not limited in the selection of personnel or in the determination
of the reasonable and necessary expenses of the state auditor's office.
(2) The state auditor shall examine and certify annually in respect to each fiscal year,
financial statements showing:
(a) the condition of the state's finances;
(b) the revenues received or accrued;
(c) expenditures paid or accrued;
(d) the amount of unexpended or unencumbered balances of the appropriations to the
agencies, departments, divisions, commissions, and institutions; and
(e) the cash balances of the funds in the custody of the state treasurer.
(3) (a) The state auditor shall:
(i) audit each permanent fund, each special fund, the General Fund, and the accounts of
any department of state government or any independent agency or public corporation as the law
requires, as the auditor determines is necessary, or upon request of the governor or the
Legislature;
(ii) perform the audits in accordance with generally accepted auditing standards and
other auditing procedures as promulgated by recognized authoritative bodies; and
(iii) as the auditor determines is necessary, conduct the audits to determine:
(A) honesty and integrity in fiscal affairs;
(B) accuracy and reliability of financial statements;
(C) effectiveness and adequacy of financial controls; and
(D) compliance with the law.
(b) If any state entity receives federal funding, the state auditor shall ensure that the
audit is performed in accordance with federal audit requirements.
(c) (i) The costs of the federal compliance portion of the audit may be paid from an
appropriation to the state auditor from the General Fund.
(ii) If an appropriation is not provided, or if the federal government does not
specifically provide for payment of audit costs, the costs of the federal compliance portions of
the audit shall be allocated on the basis of the percentage that each state entity's federal funding
bears to the total federal funds received by the state.
(iii) The allocation shall be adjusted to reflect any reduced audit time required to audit
funds passed through the state to local governments and to reflect any reduction in audit time
obtained through the use of internal auditors working under the direction of the state auditor.
(4) (a) Except as provided in Subsection (4)(b), the state auditor shall, in addition to
financial audits, and as the auditor determines is necessary, conduct performance and special
purpose audits, examinations, and reviews of any entity that receives public funds, including a
determination of any or all of the following:
(i) the honesty and integrity of all the entity's fiscal affairs;
(ii) whether the entity's administrators have faithfully complied with legislative intent;
(iii) whether the entity's operations have been conducted in an efficient, effective, and
cost-efficient manner;
(iv) whether the entity's programs have been effective in accomplishing the intended
objectives; and
(v) whether the entity's management, control, and information systems are adequate,
effective, and secure.
(b) The auditor may not conduct performance and special purpose audits,
examinations, and reviews of any entity that receives public funds if the entity:
(i) has an elected auditor; and
(ii) has, within the entity's last budget year, had the entity's financial statements or
performance formally reviewed by another outside auditor.
(5) The state auditor:
(a) shall administer any oath or affirmation necessary to the performance of the duties
of the auditor's office; and
(b) may:
(i) subpoena witnesses and documents, whether electronic or otherwise; and
(ii) examine into any matter that the auditor considers necessary.
(6) The state auditor may require all persons who have had the disposition or
management of any property of this state or its political subdivisions to submit statements
regarding the property at the time and in the form that the auditor requires.
(7) The state auditor shall:
(a) except where otherwise provided by law, institute suits in Salt Lake County in
relation to the assessment, collection, and payment of revenues against:
(i) persons who by any means have become entrusted with public money or property
and have failed to pay over or deliver the money or property; and
(ii) all debtors of the state;
(b) collect and pay into the state treasury all fees received by the state auditor;
(c) perform the duties of a member of all boards of which the state auditor is a member
by the constitution or laws of the state, and any other duties that are prescribed by the
constitution and by law;
(d) stop the payment of the salary of any state official or state employee who:
(i) refuses to settle accounts or provide required statements about the custody and
disposition of public funds or other state property;
(ii) refuses, neglects, or ignores the instruction of the state auditor or any controlling
board or department head with respect to the manner of keeping prescribed accounts or funds;
or
(iii) fails to correct any delinquencies, improper procedures, and errors brought to the
official's or employee's attention;
(e) establish accounting systems, methods, and forms for public accounts in all taxing
or fee-assessing units of the state in the interest of uniformity, efficiency, and economy;
(f) superintend the contractual auditing of all state accounts;
(g) subject to Subsection (8)(a), withhold state allocated funds or the disbursement of
property taxes from a state or local taxing or fee-assessing unit, if necessary, to ensure that
officials and employees in those taxing units comply with state laws and procedures in the
budgeting, expenditures, and financial reporting of public funds;
(h) subject to Subsection (9), withhold the disbursement of tax money from any county,
if necessary, to ensure that officials and employees in the county comply with Section
59-2-303.1
; and
(i) withhold state allocated funds or the disbursement of property taxes from a local
government entity or a limited purpose entity, as those terms are defined in Section 
67-1a-15
 if
the state auditor finds the withholding necessary to ensure that the entity registers and
maintains the entity's registration with the lieutenant governor, in accordance with Section
67-1a-15
.
(8) (a) Except as otherwise provided by law, the state auditor may not withhold funds
under Subsection (7)(g) until a state or local taxing or fee-assessing unit has received formal
written notice of noncompliance from the auditor and has been given 60 days to make the
specified corrections.
(b) If, after receiving notice under Subsection (8)(a), a state or independent local
fee-assessing unit that exclusively assesses fees has not made corrections to comply with state
laws and procedures in the budgeting, expenditures, and financial reporting of public funds, the
state auditor:
(i) shall provide a recommended timeline for corrective actions;
(ii) may prohibit the state or local fee-assessing unit from accessing money held by the
state; and
(iii) may prohibit a state or local fee-assessing unit from accessing money held in an
account of a financial institution by filing an action in district court requesting an order of the
court to prohibit a financial institution from providing the fee-assessing unit access to an
account.
(c) The state auditor shall remove a limitation on accessing funds under Subsection
(8)(b) upon compliance with state laws and procedures in the budgeting, expenditures, and
financial reporting of public funds.
(d) If a local taxing or fee-assessing unit has not adopted a budget in compliance with
state law, the state auditor:
(i) shall provide notice to the taxing or fee-assessing unit of the unit's failure to
comply;
(ii) may prohibit the taxing or fee-assessing unit from accessing money held by the
state; and
(iii) may prohibit a taxing or fee-assessing unit from accessing money held in an
account of a financial institution by:
(A) contacting the taxing or fee-assessing unit's financial institution and requesting that
the institution prohibit access to the account; or
(B) filing an action in district court requesting an order of the court to prohibit a
financial institution from providing the taxing or fee-assessing unit access to an account.
(e) If the local taxing or fee-assessing unit adopts a budget in compliance with state
law, the state auditor shall eliminate a limitation on accessing funds described in Subsection
(8)(d).
(9) The state auditor may not withhold funds under Subsection (7)(h) until a county has
received formal written notice of noncompliance from the auditor and has been given 60 days
to make the specified corrections.
(10) (a) The state auditor may not withhold funds under Subsection (7)(i) until the state
auditor receives a notice of non-registration, as that term is defined in Section 
67-1a-15
.
(b) If the state auditor receives a notice of non-registration, the state auditor may
prohibit the local government entity or limited purpose entity, as those terms are defined in
Section 
67-1a-15
, from accessing:
(i) money held by the state; and
(ii) money held in an account of a financial institution by:
(A) contacting the entity's financial institution and requesting that the institution
prohibit access to the account; or
(B) filing an action in district court requesting an order of the court to prohibit a
financial institution from providing the entity access to an account.
(c) The state auditor shall remove the prohibition on accessing funds described in
Subsection (10)(b) if the state auditor received a notice of registration, as that term is defined in
Section 
67-1a-15
, from the lieutenant governor.
(11) Notwithstanding Subsection (7)(g), (7)(h), (7)(i), (8)(b), (8)(d), or (10)(b), the
state auditor:
(a) shall authorize a disbursement by a local government entity or limited purpose
entity, as those terms are defined in Section 
67-1a-15
, or a state or local taxing or fee-assessing
unit if the disbursement is necessary to:
(i) avoid a major disruption in the operations of the local government entity, limited
purpose entity, or state or local taxing or fee-assessing unit; or
(ii) meet debt service obligations; and
(b) may authorize a disbursement by a local government entity, limited purpose entity,
or state or local taxing or fee-assessing unit as the state auditor determines is appropriate.
(12) (a) The state auditor may seek relief under the Utah Rules of Civil Procedure to
take temporary custody of public funds if an action is necessary to protect public funds from
being improperly diverted from their intended public purpose.
(b) If the state auditor seeks relief under Subsection (12)(a):
(i) the state auditor is not required to exhaust the procedures in Subsection (7) or (8);
and
(ii) the state treasurer may hold the public funds in accordance with Section 
67-4-1
 if a
court orders the public funds to be protected from improper diversion from their public
purpose.
(13) The state auditor shall:
(a) establish audit guidelines and procedures for audits of local mental health and
substance abuse authorities and their contract providers, conducted pursuant to Title 17,
Chapter 43, Part 2, Local Substance Abuse Authorities, Title 17, Chapter 43, Part 3, Local
Mental Health Authorities, 
Title 26B, Chapter 5, Health Care -- Substance Use and Mental
Health, and
 Title 51, Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal
Organizations, and Other Local Entities Act[
, and Title 62A, Chapter 15, Substance Abuse and
Mental Health Act
]; and
(b) ensure that those guidelines and procedures provide assurances to the state that:
(i) state and federal funds appropriated to local mental health authorities are used for
mental health purposes;
(ii) a private provider under an annual or otherwise ongoing contract to provide
comprehensive mental health programs or services for a local mental health authority is in
compliance with state and local contract requirements, and state and federal law;
(iii) state and federal funds appropriated to local substance abuse authorities are used
for substance abuse programs and services; and
(iv) a private provider under an annual or otherwise ongoing contract to provide
comprehensive substance abuse programs or services for a local substance abuse authority is in
compliance with state and local contract requirements, and state and federal law.
(14) (a) The state auditor may, in accordance with the auditor's responsibilities for
political subdivisions of the state as provided in Title 51, Chapter 2a, Accounting Reports from
Political Subdivisions, Interlocal Organizations, and Other Local Entities Act, initiate audits or
investigations of any political subdivision that are necessary to determine honesty and integrity
in fiscal affairs, accuracy and reliability of financial statements, effectiveness, and adequacy of
financial controls and compliance with the law.
(b) If the state auditor receives notice under Subsection 
11-41-104
(7) from the
Governor's Office of Economic Opportunity on or after July 1, 2024, the state auditor may
initiate an audit or investigation of the public entity subject to the notice to determine
compliance with Section 
11-41-103
.
(15) (a) The state auditor may not audit work that the state auditor performed before
becoming state auditor.
(b) If the state auditor has previously been a responsible official in state government
whose work has not yet been audited, the Legislature shall:
(i) designate how that work shall be audited; and
(ii) provide additional funding for those audits, if necessary.
(16) The state auditor shall:
(a) with the assistance, advice, and recommendations of an advisory committee
appointed by the state auditor from among local district boards of trustees, officers, and
employees and special service district boards, officers, and employees:
(i) prepare a Uniform Accounting Manual for Local Districts that:
(A) prescribes a uniform system of accounting and uniform budgeting and reporting
procedures for local districts under Title 17B, Limited Purpose Local Government Entities -
Local Districts, and special service districts under Title 17D, Chapter 1, Special Service
District Act;
(B) conforms with generally accepted accounting principles; and
(C) prescribes reasonable exceptions and modifications for smaller districts to the
uniform system of accounting, budgeting, and reporting;
(ii) maintain the manual under this Subsection (16)(a) so that the manual continues to
reflect generally accepted accounting principles;
(iii) conduct a continuing review and modification of procedures in order to improve
them;
(iv) prepare and supply each district with suitable budget and reporting forms; and
(v) (A) prepare instructional materials, conduct training programs, and render other
services considered necessary to assist local districts and special service districts in
implementing the uniform accounting, budgeting, and reporting procedures; and
(B) ensure that any training described in Subsection (16)(a)(v)(A) complies with Title
63G, Chapter 22, State Training and Certification Requirements; and
(b) continually analyze and evaluate the accounting, budgeting, and reporting practices
and experiences of specific local districts and special service districts selected by the state
auditor and make the information available to all districts.
(17) (a) The following records in the custody or control of the state auditor are
protected records under Title 63G, Chapter 2, Government Records Access and Management
Act:
(i) records that would disclose information relating to allegations of personal
misconduct, gross mismanagement, or illegal activity of a past or present governmental
employee if the information or allegation cannot be corroborated by the state auditor through
other documents or evidence, and the records relating to the allegation are not relied upon by
the state auditor in preparing a final audit report;
(ii) records and audit workpapers to the extent the workpapers would disclose the
identity of an individual who during the course of an audit, communicated the existence of any
waste of public funds, property, or manpower, or a violation or suspected violation of a law,
rule, or regulation adopted under the laws of this state, a political subdivision of the state, or
any recognized entity of the United States, if the information was disclosed on the condition
that the identity of the individual be protected;
(iii) before an audit is completed and the final audit report is released, records or drafts
circulated to an individual who is not an employee or head of a governmental entity for the
individual's response or information;
(iv) records that would disclose an outline or part of any audit survey plans or audit
program; and
(v) requests for audits, if disclosure would risk circumvention of an audit.
(b) The provisions of Subsections (17)(a)(i), (ii), and (iii) do not prohibit the disclosure
of records or information that relate to a violation of the law by a governmental entity or
employee to a government prosecutor or peace officer.
(c) The provisions of this Subsection (17) do not limit the authority otherwise given to
the state auditor to classify a document as public, private, controlled, or protected under Title
63G, Chapter 2, Government Records Access and Management Act.
(d) (i) As used in this Subsection (17)(d), "record dispute" means a dispute between the
state auditor and the subject of an audit performed by the state auditor as to whether the state
auditor may release a record, as defined in Section 
63G-2-103
, to the public that the state
auditor gained access to in the course of the state auditor's audit but which the subject of the
audit claims is not subject to disclosure under Title 63G, Chapter 2, Government Records
Access and Management Act.
(ii) The state auditor may submit a record dispute to the State Records Committee,
created in Section 
63G-2-501
, for a determination of whether the state auditor may, in
conjunction with the state auditor's release of an audit report, release to the public the record
that is the subject of the record dispute.
(iii) The state auditor or the subject of the audit may seek judicial review of a State
Records Committee determination under Subsection (17)(d)(ii), as provided in Section
63G-2-404
.
(18) If the state auditor conducts an audit of an entity that the state auditor has
previously audited and finds that the entity has not implemented a recommendation made by
the state auditor in a previous audit, the state auditor shall notify the Legislative Management
Committee through the Legislative Management Committee's audit subcommittee that the
entity has not implemented that recommendation.
(19) The state auditor shall, with the advice and consent of the Senate, appoint the state
privacy officer described in Section 
67-3-13
.
(20) The state auditor shall report, or ensure that another government entity reports, on
the financial, operational, and performance metrics for the state system of higher education and
the state system of public education, including metrics in relation to students, programs, and
schools within those systems.
Section 17. Section 
67-3-11
 is amended to read:
67-3-11.
Health care price transparency tool -- Transparency tool requirements.
(1) The state auditor shall create a health care price transparency tool:
(a) subject to appropriations from the Legislature and any available funding from
third-party sources;
(b) with technical support from the Public Employees' Benefit and Insurance Program
created in Section 
49-20-103
, the Department of Health and Human Services, and the
Insurance Department; and
(c) in accordance with the requirements in Subsection (2).
(2) A health care price transparency tool created by the state auditor under this section
shall:
(a) present health care price information for consumers in a manner that is clear and
accurate;
(b) be available to the public in a user-friendly manner;
(c) incorporate existing data collected under Section [
26-33a-106.1
] 
26B-8-504
;
(d) incorporate data collected under Section [
26-61a-106
] 
26B-4-204
, regarding fees
for qualified medical providers recommending medical cannabis, as those terms are defined in
Section [
26-61a-102
] 
26B-4-201
;
(e) group billing codes for common health care procedures;
(f) be updated on a regular basis; and
(g) be created and operated in accordance with all applicable state and federal laws.
(3) The state auditor may make the health care pricing data from the health care price
transparency tool available to the public through an application program interface format if the
data meets state and federal data privacy requirements.
(4) (a) Before making a health care price transparency tool available to the public, the
state auditor shall:
(i) seek input from the Health Data Committee created in Section 
26B-1-204
 on the
overall accuracy and effectiveness of the reports provided by the health care price transparency
tool; and
(ii) establish procedures to give data providers a 30-day period to review pricing
information before the state auditor publishes the information on the health care price
transparency tool.
(b) If the state auditor complies with the requirements of Subsection (4)(a), the health
care price transparency tool is not subject to the requirements of Section [
26-33a-107
]
26B-8-506
.
(5) Each year in which a health care price transparency tool is operational, the state
auditor shall report to the Health and Human Services Interim Committee before November 1
of that year:
(a) the utilization of the health care price transparency tool; and
(b) policy options for improving access to health care price transparency data.
Section 18. Section 
67-5-1
 is amended to read:
67-5-1.
General duties.
(1) The attorney general shall:
(a) perform all duties in a manner consistent with the attorney-client relationship under
Section 
67-5-17
;
(b) except as provided in Sections 
10-3-928
 and 
17-18a-403
, attend the Supreme Court
and the Court of Appeals of this state, and all courts of the United States, and prosecute or
defend all causes to which the state or any officer, board, or commission of the state in an
official capacity is a party, and take charge, as attorney, of all civil legal matters in which the
state is interested;
(c) after judgment on any cause referred to in Subsection (1)(b), direct the issuance of
process as necessary to execute the judgment;
(d) account for, and pay over to the proper officer, all money that comes into the
attorney general's possession that belongs to the state;
(e) keep a file of all cases in which the attorney general is required to appear, including
any documents and papers showing the court in which the cases have been instituted and tried,
and whether they are civil or criminal, and:
(i) if civil, the nature of the demand, the stage of proceedings, and, when prosecuted to
judgment, a memorandum of the judgment and of any process issued if satisfied, and if not
satisfied, documentation of the return of the sheriff;
(ii) if criminal, the nature of the crime, the mode of prosecution, the stage of
proceedings, and, when prosecuted to sentence, a memorandum of the sentence and of the
execution, if the sentence has been executed, and, if not executed, the reason for the delay or
prevention; and
(iii) deliver this information to the attorney general's successor in office;
(f) exercise supervisory powers over the district and county attorneys of the state in all
matters pertaining to the duties of the district and county attorneys' offices, including the
authority described in Subsection (2);
(g) give the attorney general's opinion in writing and without fee, when required, upon
any question of law relating to the office of the requester:
(i) in accordance with Section 
67-5-1.1
, to the Legislature or either house;
(ii) to any state officer, board, or commission; and
(iii) to any county attorney or district attorney;
(h) when required by the public service or directed by the governor, assist any county,
district, or city attorney in the discharge of county, district, or city attorney's duties;
(i) purchase in the name of the state, under the direction of the state Board of
Examiners, any property offered for sale under execution issued upon judgments in favor of or
for the use of the state, and enter satisfaction in whole or in part of the judgments as the
consideration of the purchases;
(j) when the property of a judgment debtor in any judgment mentioned in Subsection
(1)(i) has been sold under a prior judgment, or is subject to any judgment, lien, or encumbrance
taking precedence of the judgment in favor of the state, redeem the property, under the
direction of the state Board of Examiners, from the prior judgment, lien, or encumbrance, and
pay all money necessary for the redemption, upon the order of the state Board of Examiners,
out of any money appropriated for these purposes;
(k) when in the attorney general's opinion it is necessary for the collection or
enforcement of any judgment, institute and prosecute on behalf of the state any action or
proceeding necessary to set aside and annul all conveyances fraudulently made by the judgment
debtors, and pay the cost necessary to the prosecution, when allowed by the state Board of
Examiners, out of any money not otherwise appropriated;
(l) discharge the duties of a member of all official boards of which the attorney general
is or may be made a member by the Utah Constitution or by the laws of the state, and other
duties prescribed by law;
(m) institute and prosecute proper proceedings in any court of the state or of the United
States to restrain and enjoin corporations organized under the laws of this or any other state or
territory from acting illegally or in excess of their corporate powers or contrary to public
policy, and in proper cases forfeit their corporate franchises, dissolve the corporations, and
wind up their affairs;
(n) institute investigations for the recovery of all real or personal property that may
have escheated or should escheat to the state, and for that purpose, subpoena any persons
before any of the district courts to answer inquiries and render accounts concerning any
property, examine all books and papers of any corporations, and when any real or personal
property is discovered that should escheat to the state, institute suit in the district court of the
county where the property is situated for its recovery, and escheat that property to the state;
(o) administer the Children's Justice Center as a program to be implemented in various
counties pursuant to Sections 
67-5b-101
 through 
67-5b-107
;
(p) assist the Constitutional Defense Council as provided in Title 63C, Chapter 4a,
Constitutional and Federalism Defense Act;
(q) pursue any appropriate legal action to implement the state's public lands policy
established in Section 
63C-4a-103
;
(r) investigate and prosecute violations of all applicable state laws relating to fraud in
connection with the state Medicaid program and any other medical assistance program
administered by the state, including violations of [
Title 26, Chapter 20, Utah False Claims Act
]
Title 26B, Chapter 3, Part 11, Utah False Claims Act
;
(s) investigate and prosecute complaints of abuse, neglect, or exploitation of patients:
(i) in health care facilities that receive payments under the state Medicaid program;
(ii) in board and care facilities, as defined in the federal Social Security Act, 42 U.S.C.
Sec. 1396b(q)(4)(B), regardless of the source of payment to the board and care facility; and
(iii) who are receiving medical assistance under the Medicaid program as defined in
Section [
26-18-2
] 
26B-3-101
 in a noninstitutional or other setting;
(t) (i) report at least twice per year to the Legislative Management Committee on any
pending or anticipated lawsuits, other than eminent domain lawsuits, that might:
(A) cost the state more than $500,000; or
(B) require the state to take legally binding action that would cost more than $500,000
to implement; and
(ii) if the meeting is closed, include an estimate of the state's potential financial or
other legal exposure in that report;
(u) (i) submit a written report to the committees described in Subsection (1)(u)(ii) that
summarizes any lawsuit or decision in which a court or the Office of the Attorney General has
determined that a state statute is unconstitutional or unenforceable since the attorney general's
last report under this Subsection (1)(u), including any:
(A) settlements reached;
(B) consent decrees entered;
(C) judgments issued;
(D) preliminary injunctions issued;
(E) temporary restraining orders issued; or
(F) formal or informal policies of the Office of the Attorney General to not enforce a
law; and
(ii) at least 30 days before the Legislature's May and November interim meetings,
submit the report described in Subsection (1)(u)(i) to:
(A) the Legislative Management Committee;
(B) the Judiciary Interim Committee; and
(C) the Law Enforcement and Criminal Justice Interim Committee;
(v) if the attorney general operates the Office of the Attorney General or any portion of
the Office of the Attorney General as an internal service fund agency in accordance with
Section 
67-5-4
, submit to the rate committee established in Section 
67-5-34
:
(i) a proposed rate and fee schedule in accordance with Subsection 
67-5-34
(4); and
(ii) any other information or analysis requested by the rate committee;
(w) before the end of each calendar year, create an annual performance report for the
Office of the Attorney General and post the report on the attorney general's website;
(x) ensure that any training required under this chapter complies with Title 63G,
Chapter 22, State Training and Certification Requirements;
(y) notify the legislative general counsel in writing within three business days after the
day on which the attorney general is officially notified of a claim, regardless of whether the
claim is filed in state or federal court, that challenges:
(i) the constitutionality of a state statute;
(ii) the validity of legislation; or
(iii) any action of the Legislature; and
(z) (i) notwithstanding Title 63G, Chapter 6a, Utah Procurement Code, provide a
special advisor to the Office of the Governor and the Office of the Attorney General in matters
relating to Native American and tribal issues to:
(A) establish outreach to the tribes and affected counties and communities; and
(B) foster better relations and a cooperative framework; and
(ii) annually report to the Executive Offices and Criminal Justice Appropriations
Subcommittee regarding:
(A) the status of the work of the special advisor described in Subsection (1)(z)(i); and
(B) whether the need remains for the ongoing appropriation to fund the special advisor
described in Subsection (1)(z)(i).
(2) (a) The attorney general may require a district attorney or county attorney of the
state to, upon request, report on the status of public business entrusted to the district or county
attorney's charge.
(b) The attorney general may review investigation results de novo and file criminal
charges, if warranted, in any case involving a first degree felony, if:
(i) a law enforcement agency submits investigation results to the county attorney or
district attorney of the jurisdiction where the incident occurred and the county attorney or
district attorney:
(A) declines to file criminal charges; or
(B) fails to screen the case for criminal charges within six months after the law
enforcement agency's submission of the investigation results; and
(ii) after consultation with the county attorney or district attorney of the jurisdiction
where the incident occurred, the attorney general reasonably believes action by the attorney
general would not interfere with an ongoing investigation or prosecution by the county attorney
or district attorney of the jurisdiction where the incident occurred.
(c) If the attorney general decides to conduct a review under Subsection (2)(b), the
district attorney, county attorney, and law enforcement agency shall, within 14 days after the
day on which the attorney general makes a request, provide the attorney general with:
(i) all information relating to the investigation, including all reports, witness lists,
witness statements, and other documents created or collected in relation to the investigation;
(ii) all recordings, photographs, and other physical or digital media created or collected
in relation to the investigation;
(iii) access to all evidence gathered or collected in relation to the investigation; and
(iv) the identification of, and access to, all officers or other persons who have
information relating to the investigation.
(d) If a district attorney, county attorney, or law enforcement agency fails to timely
comply with Subsection (2)(c), the attorney general may seek a court order compelling
compliance.
(e) If the attorney general seeks a court order under Subsection (2)(d), the court shall
grant the order unless the district attorney, county attorney, or law enforcement agency shows
good cause and a compelling interest for not complying with Subsection (2)(c).
Section 19. Section 
67-5-16
 is amended to read:
67-5-16.
Child protective services investigators within attorney general's office --
Authority -- Training.
(1) The attorney general may employ, with the consent of the Division of Child and
Family Services within the Department of [
Human Services
] 
Health and Human Services
, and
in accordance with Section 
80-2-703
, child protective services investigators to investigate
alleged instances of abuse or neglect of a child that occur while a child is in the custody of the
Division of Child and Family Services. Those investigators may also investigate reports of
abuse or neglect of a child by an employee of the Department of [
Human Services
] 
Health and
Human Services
, or involving a person or entity licensed to provide substitute care for children
in the custody of the Division of Child and Family Services.
(2) Attorneys who represent the Division of Child and Family Services under Section
67-5-17
, and child protective services investigators employed by the attorney general under
Subsection (1), shall be trained on and implement into practice the following items, in order of
preference and priority:
(a) the priority of maintaining a child safely in the child's home, whenever possible;
(b) the importance of:
(i) kinship placement, in the event the child is removed from the home; and
(ii) keeping sibling groups together, whenever practicable and in the best interests of
the children;
(c) the preference for kinship adoption over nonkinship adoption, if the parent-child
relationship is legally terminated;
(d) the potential for a guardianship placement if the parent-child relationship is legally
terminated and no appropriate adoption placement is available; and
(e) the use of an individualized permanency goal, only as a last resort.
Section 20. Section 
67-20-2
 is amended to read:
67-20-2.
Definitions.
As used in this chapter:
(1) "Agency" means:
(a) a department, institution, office, college, university, authority, division, board,
bureau, commission, council, or other agency of the state;
(b) a county, city, town, school district, or special improvement or taxing district; or
(c) any other political subdivision.
(2) "Compensatory service worker" means a person who performs a public service with
or without compensation for an agency as a condition or part of the person's:
(a) incarceration;
(b) plea;
(c) sentence;
(d) diversion;
(e) probation; or
(f) parole.
(3) "Emergency medical service volunteer" means an individual who:
(a) provides services as a volunteer under the supervision of a supervising agency or
government officer; and
(b) at the time the individual provides the services described in Subsection (3)(a), is:
(i) an emergency medical technician volunteer, a paramedic volunteer, an ambulance
volunteer, a volunteer firefighter, or another volunteer provider of emergency medical services;
and
(ii) acting in the capacity of a volunteer described in Subsection (3)(b)(i).
(4) "IRS aggregate amount" means the fixed or determinable income aggregate amount
described in 26 C.F.R. Sec. 1.6041-1(a)(1)(i)(A).
(5) (a) "Volunteer" means an individual who donates service without pay or other
compensation except the following, as approved by the supervising agency:
(i) expenses actually and reasonably incurred;
(ii) a stipend for future higher education expenses, awarded from the National Service
Trust under 45 C.F.R. Secs. 2526.10 and 2527.10;
(iii) a stipend, below the IRS aggregate amount, for:
(A) emergency volunteers, including emergency medical service volunteers, volunteer
safety officers, and volunteer search and rescue team members; or
(B) non-emergency volunteers, including senior program volunteers and community
event volunteers;
(iv) (A) health benefits provided through the supervising agency; or
(B) for a volunteer who participates in the Volunteer Emergency Medical Service
Personnel Health Insurance Program described in Section [
26-8a-603
] 
26B-4-136
, health
insurance provided through the program.
(v) passthrough stipends or other compensation provided to volunteers through a
federal or state program, including Americorp Seniors volunteers, consistent with 42 U.S.C.
Sec. 5058;
(vi) stipends or other compensation, below the IRS aggregate amount, provided to
volunteers from any person;
(vii) uniforms, identification, personal protective equipment, or safety equipment used
by a volunteer only while volunteering for the supervising entity;
(viii) a nonpecuniary item not exceeding $50 in value;
(ix) nonpecuniary items, below the IRS aggregate amount, donated to the supervising
agency with the express intent of benefitting a volunteer; or
(x) meals or gifts, not exceeding $50 in value, provided as part of a volunteers
appreciation event by the volunteering agency.
(b) "Volunteer" does not include:
(i) a person participating in human subjects research to the extent that the participation
is governed by federal law or regulation inconsistent with this chapter; or
(ii) a compensatory service worker.
(c) "Volunteer" includes a juror or potential juror appearing in response to a summons
for a trial jury or grand jury.
(6) "Volunteer facilitator" means a business or nonprofit organization that, from
individuals who have a relationship with the business or nonprofit organization, such as
membership or employment, provides volunteers to an agency or facilitates volunteers
volunteering with an agency.
(7) "Volunteer safety officer" means an individual who:
(a) provides services as a volunteer under the supervision of an agency; and
(b) at the time the individual provides the services to the supervising agency described
in Subsection (7)(a), the individual is:
(i) exercising peace officer authority as provided in Section 
53-13-102
; or
(ii) if the supervising agency described in Subsection (7)(a) is a fire department:
(A) on the rolls of the supervising agency as a firefighter;
(B) not regularly employed as a firefighter by the supervising agency; and
(C) acting in a capacity that includes the responsibility for the extinguishment of fire.
(8) "Volunteer search and rescue team member" means an individual who:
(a) provides services as a volunteer under the supervision of a county sheriff; and
(b) at the time the individual provides the services to the county sheriff described in
Subsection (8)(a), is:
(i) certified as a member of the county sheriff's search and rescue team; and
(ii) acting in the capacity of a member of the search and rescue team of the supervising
county sheriff.
Section 21. Section 
71-11-5
 is amended to read:
71-11-5.
Operation of homes -- Rulemaking authority -- Selection of
administrator.
(1) The department shall, subject to the approval of the executive director:
(a) establish appropriate criteria for the admission and discharge of residents for each
home, subject to the requirements in Section 
71-11-6
 and criteria set by the United States
Department of Veterans Affairs;
(b) establish a schedule of charges for each home in cases where residents have
available resources;
(c) establish standards for the operation of the homes not inconsistent with standards
set by the United States Department of Veterans Affairs;
(d) make rules to implement this chapter in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act; and
(e) ensure that the homes are licensed in accordance with [
Title 26, Chapter 21, Health
Care Facility Licensing and Inspection Act
] 
Title 26B, Chapter 2, Part 2, Health Care Facility
Licensing and Inspection
, and 38 U.S.C. Sec. 1742(a).
(2) The department shall, after reviewing recommendations of the board, appoint an
administrator for each home.
Section 22. Section 
72-6-107.5
 is amended to read:
72-6-107.5.
Construction of improvements of highway -- Contracts -- Health
insurance coverage.
(1) As used in this section:
(a) "Aggregate" means the sum of all contracts, change orders, and modifications
related to a single project.
(b) "Change order" means the same as that term is defined in Section 
63G-6a-103
.
(c) "Employee" means, as defined in Section 
34A-2-104
, an "employee," "worker," or
"operative" who:
(i) works at least 30 hours per calendar week; and
(ii) meets employer eligibility waiting requirements for health care insurance, which
may not exceed the first day of the calendar month following 60 days after the day on which
the individual is hired.
(d) "Health benefit plan" means:
(i) the same as that term is defined in Section 
31A-1-301
; or
(ii) an employee welfare benefit plan:
(A) established under the Employee Retirement Income Security Act of 1974, 29
U.S.C. Sec. 1001 et seq.;
(B) for an employer with 100 or more employees; and
(C) in which the employer establishes a self-funded or partially self-funded group
health plan to provide medical care for the employer's employees and dependents of the
employees.
(e) "Qualified health coverage" means the same as that term is defined in Section
[
26-40-115
] 
26B-3-909
.
(f) "Subcontractor" means the same as that term is defined in Section 
63A-5b-605
.
(g) "Third party administrator" or "administrator" means the same as that term is
defined in Section 
31A-1-301
.
(2) Except as provided in Subsection (3), the requirements of this section apply to:
(a) a contractor of a design or construction contract entered into by the department on
or after July 1, 2009, if the prime contract is in an aggregate amount equal to or greater than
$2,000,000; and
(b) a subcontractor of a contractor of a design or construction contract entered into by
the department on or after July 1, 2009, if the subcontract is in an aggregate amount equal to or
greater than $1,000,000.
(3) The requirements of this section do not apply to a contractor or subcontractor
described in Subsection (2) if:
(a) the application of this section jeopardizes the receipt of federal funds;
(b) the contract is a sole source contract; or
(c) the contract is an emergency procurement.
(4) A person that intentionally uses change orders, contract modifications, or multiple
contracts to circumvent the requirements of this section is guilty of an infraction.
(5) (a) A contractor subject to the requirements of this section shall demonstrate to the
department that the contractor has and will maintain an offer of qualified health coverage for
the contractor's employees and the employees' dependents during the duration of the contract
by submitting to the department a written statement that:
(i) the contractor offers qualified health coverage that complies with Section
[
26-40-115
] 
26B-3-909
;
(ii) is from:
(A) an actuary selected by the contractor or the contractor's insurer;
(B) an underwriter who is responsible for developing the employer group's premium
rates; or
(C) if the contractor provides a health benefit plan described in Subsection (1)(d)(ii),
an actuary or underwriter selected by a third party administrator; and
(iii) was created within one year before the day on which the statement is submitted.
(b) (i) A contractor that provides a health benefit plan described in Subsection (1)(d)(ii)
shall provide the actuary or underwriter selected by an administrator, as described in
Subsection (5)(a)(ii)(C), sufficient information to determine whether the contractor's
contribution to the health benefit plan and the actuarial value of the health benefit plan meet the
requirements of qualified health coverage.
(ii) A contractor may not make a change to the contractor's contribution to the health
benefit plan, unless the contractor provides notice to:
(A) the actuary or underwriter selected by an administrator, as described in Subsection
(5)(a)(ii)(C), for the actuary or underwriter to update the written statement described in
Subsection (5)(a) in compliance with this section; and
(B) the department.
(c) A contractor that is subject to the requirements of this section shall:
(i) place a requirement in each of the contractor's subcontracts that a subcontractor that
is subject to the requirements of this section shall obtain and maintain an offer of qualified
health coverage for the subcontractor's employees and the employees' dependents during the
duration of the subcontract; and
(ii) obtain from a subcontractor that is subject to the requirements of this section a
written statement that:
(A) the subcontractor offers qualified health coverage that complies with Section
[
26-40-115
] 
26B-3-909
;
(B) is from an actuary selected by the subcontractor or the subcontractor's insurer, an
underwriter who is responsible for developing the employer group's premium rates, or if the
subcontractor provides a health benefit plan described in Subsection (1)(d)(ii), an actuary or
underwriter selected by an administrator; and
(C) was created within one year before the day on which the contractor obtains the
statement.
(d) (i) (A) A contractor that fails to maintain an offer of qualified health coverage
described in Subsection (5)(a) during the duration of the contract is subject to penalties in
accordance with administrative rules adopted by the department under Subsection (6).
(B) A contractor is not subject to penalties for the failure of a subcontractor to obtain
and maintain an offer of qualified health coverage described in Subsection (5)(c)(i).
(ii) (A) A subcontractor that fails to obtain and maintain an offer of qualified health
coverage described in Subsection (5)(c) during the duration of the subcontract is subject to
penalties in accordance with administrative rules adopted by the department under Subsection
(6).
(B) A subcontractor is not subject to penalties for the failure of a contractor to maintain
an offer of qualified health coverage described in Subsection (5)(a).
(6) The department shall adopt administrative rules:
(a) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
(b) in coordination with:
(i) the Department of Environmental Quality in accordance with Section 
19-1-206
;
(ii) the Department of Natural Resources in accordance with Section 
79-2-404
;
(iii) the Division of Facilities Construction and Management in accordance with
Section 
63A-5b-607
;
(iv) the State Capitol Preservation Board in accordance with Section 
63C-9-403
;
(v) a public transit district in accordance with Section 
17B-2a-818.5
; and
(vi) the Legislature's Administrative Rules Review and General Oversight Committee;
and
(c) that establish:
(i) the requirements and procedures a contractor and a subcontractor shall follow to
demonstrate compliance with this section, including:
(A) that a contractor or subcontractor's compliance with this section is subject to an
audit by the department or the Office of the Legislative Auditor General;
(B) that a contractor that is subject to the requirements of this section shall obtain a
written statement described in Subsection (5)(a); and
(C) that a subcontractor that is subject to the requirements of this section shall obtain a
written statement described in Subsection (5)(c)(ii);
(ii) the penalties that may be imposed if a contractor or subcontractor intentionally
violates the provisions of this section, which may include:
(A) a three-month suspension of the contractor or subcontractor from entering into
future contracts with the state upon the first violation;
(B) a six-month suspension of the contractor or subcontractor from entering into future
contracts with the state upon the second violation;
(C) an action for debarment of the contractor or subcontractor in accordance with
Section 
63G-6a-904
 upon the third or subsequent violation; and
(D) monetary penalties which may not exceed 50% of the amount necessary to
purchase qualified health coverage for an employee and a dependent of the employee of the
contractor or subcontractor who was not offered qualified health coverage during the duration
of the contract; and
(iii) a website on which the department shall post the commercially equivalent
benchmark, for the qualified health coverage identified in Subsection (1)(e), that is provided by
the Department of [
Health
] 
Health and Human Services
, in accordance with Subsection
[
26-40-115
(2)
] 
26B-3-909
(2)
.
(7) (a) (i) In addition to the penalties imposed under Subsection (6)(c)(ii), a contractor
or subcontractor who intentionally violates the provisions of this section is liable to the
employee for health care costs that would have been covered by qualified health coverage.
(ii) An employer has an affirmative defense to a cause of action under Subsection
(7)(a)(i) if:
(A) the employer relied in good faith on a written statement described in Subsection
(5)(a) or (5)(c)(ii); or
(B) the department determines that compliance with this section is not required under
the provisions of Subsection (3).
(b) An employee has a private right of action only against the employee's employer to
enforce the provisions of this Subsection (7).
(8) Any penalties imposed and collected under this section shall be deposited into the
Medicaid Restricted Account created in Section [
26-18-402
] 
26B-1-309
.
(9) The failure of a contractor or subcontractor to provide qualified health coverage as
required by this section:
(a) may not be the basis for a protest or other action from a prospective bidder, offeror,
or contractor under:
(i) Section 
63G-6a-1602
; or
(ii) any other provision in Title 63G, Chapter 6a, Utah Procurement Code; and
(b) may not be used by the procurement entity or a prospective bidder, offeror, or
contractor as a basis for any action or suit that would suspend, disrupt, or terminate the design
or construction.
(10) An administrator, including an administrator's actuary or underwriter, who
provides a written statement under Subsection (5)(a) or (c) regarding the qualified health
coverage of a contractor or subcontractor who provides a health benefit plan described in
Subsection (1)(d)(ii):
(a) subject to Subsection (10)(b), is not liable for an error in the written statement,
unless the administrator commits gross negligence in preparing the written statement;
(b) is not liable for any error in the written statement if the administrator relied in good
faith on information from the contractor or subcontractor; and
(c) may require as a condition of providing the written statement that a contractor or
subcontractor hold the administrator harmless for an action arising under this section.
Section 23. Section 
72-9-103
 is amended to read:
72-9-103.
Rulemaking -- Motor vehicle liability coverage for certain motor
carriers -- Adjudicative proceedings.
(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
department shall make rules:
(a) adopting by reference in whole or in part the Federal Motor Carrier Safety
Regulations including minimum security requirements for motor carriers;
(b) specifying the equipment required to be carried in each tow truck, including limits
on loads that may be moved based on equipment capacity and load weight; and
(c) providing for the necessary administration and enforcement of this chapter.
(2) (a) Notwithstanding Subsection (1)(a), the department shall not require a motor
carrier to comply with 49 C.F.R. Part 387 Subpart B if the motor carrier is:
(i) engaging in or transacting the business of transporting passengers by an intrastate
commercial vehicle that has a seating capacity of no more than 30 passengers; and
(ii) a licensed child care provider under Section [
26-39-401
] 
26B-2-403
.
(b) Policies containing motor vehicle liability coverage for a motor carrier described
under Subsection (2)(a) shall require minimum coverage of:
(i) $1,000,000 for a vehicle with a seating capacity of up to 20 passengers; or
(ii) $1,500,000 for a vehicle with a seating capacity of up to 30 passengers.
(3) The department shall comply with Title 63G, Chapter 4, Administrative Procedures
Act, in its adjudicative proceedings.
Section 24. Section 
72-10-502
 is amended to read:
72-10-502.
Implied consent to chemical tests for alcohol or drugs -- Number of
tests -- Refusal -- Person incapable of refusal -- Results of test available -- Who may give
test -- Evidence -- Immunity from liability.
(1) (a) A person operating an aircraft in this state consents to a chemical test or tests of
the person's breath, blood, urine, or oral fluids:
(i) for the purpose of determining whether the person was operating or in actual
physical control of an aircraft while having a blood or breath alcohol content statutorily
prohibited under Section 
72-10-501
, or while under the influence of alcohol, any drug, or
combination of alcohol and any drug under Section 
72-10-501
, if the test is or tests are
administered at the direction of a peace officer having grounds to believe that person to have
been operating or in actual physical control of an aircraft in violation of Section 
72-10-501
; or
(ii) if the person operating the aircraft is involved in an accident that results in death,
serious injury, or substantial aircraft damage.
(b) (i) The peace officer determines which of the tests are administered and how many
of them are administered.
(ii) The peace officer may order any or all tests of the person's breath, blood, urine, or
oral fluids.
(iii) If an officer requests more than one test, refusal by a person to take one or more
requested tests, even though the person does submit to any other requested test or tests, is a
refusal under this section.
(c) (i) A person who has been requested under this section to submit to a chemical test
or tests of the person's breath, blood, urine, or oral fluids may not select the test or tests to be
administered.
(ii) The failure or inability of a peace officer to arrange for any specific chemical test is
not a defense to taking a test requested by a peace officer, and it is not a defense in any
criminal, civil, or administrative proceeding resulting from a person's refusal to submit to the
requested test or tests.
(2) (a) If the person has been placed under arrest and has then been requested by a
peace officer to submit to any one or more of the chemical tests provided in Subsection (1) and
refuses to submit to any chemical test, the person shall be warned by the peace officer
requesting the test that a refusal to submit to the test is admissible in civil or criminal
proceedings as provided under Subsection (8).
(b) Following this warning, unless the person immediately requests that the chemical
test offered by a peace officer be administered, a test may not be given.
(3) A person who is dead, unconscious, or in any other condition rendering the person
incapable of refusal to submit to any chemical test or tests is considered to not have withdrawn
the consent provided for in Subsection (1), and the test or tests may be administered whether
the person has been arrested or not.
(4) Upon the request of the person who was tested, the results of the test or tests shall
be made available to that person.
(5) (a) Only the following, acting at the request of a peace officer, may draw blood to
determine its alcohol or drug content:
(i) a physician;
(ii) a registered nurse;
(iii) a licensed practical nurse;
(iv) a paramedic;
(v) as provided in Subsection (5)(b), emergency medical service personnel other than
paramedics; or
(vi) a person with a valid permit issued by the Department of [
Health
] 
Health and
Human Services
 under Section [
26-1-30
] 
26B-1-202
.
(b) The Department of [
Health
] 
Health and Human Services
 may designate by rule, in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, which emergency
medical service personnel, as defined in Section [
26-8a-102
] 
26B-4-101
, are authorized to
draw blood under Subsection (5)(a)(v), based on the type of license under Section [
26-8a-302
]
26B-4-116
.
(c) Subsection (5)(a) does not apply to taking a urine, breath, or oral fluid specimen.
(d) The following are immune from civil or criminal liability arising from drawing a
blood sample from a person who a peace officer has reason to believe is flying in violation of
this chapter if the sample is drawn in accordance with standard medical practice:
(i) a person authorized to draw blood under Subsection (5)(a); and
(ii) if the blood is drawn at a hospital or other medical facility, the medical facility.
(6) (a) The person to be tested may, at the person's own expense, have a physician of
the person's own choice administer a chemical test in addition to the test or tests administered
at the direction of a peace officer.
(b) The failure or inability to obtain the additional test does not affect admissibility of
the results of the test or tests taken at the direction of a peace officer, or preclude or delay the
test or tests to be taken at the direction of a peace officer.
(c) The additional test shall be subsequent to the test or tests administered at the
direction of a peace officer.
(7) For the purpose of determining whether to submit to a chemical test or tests, the
person to be tested does not have the right to consult an attorney or have an attorney, physician,
or other person present as a condition for the taking of any test.
(8) If a person under arrest refuses to submit to a chemical test or tests or any
additional test under this section, evidence of any refusal is admissible in any civil or criminal
action or proceeding arising out of acts alleged to have been committed while the person was
operating or in actual physical control of an aircraft while under the influence of alcohol, any
drug, or combination of alcohol and any drug.
(9) The results of any test taken under this section or the refusal to be tested shall be
reported to the Federal Aviation Administration by the peace officer requesting the test.
(10) Notwithstanding the provisions of this section, a blood test taken under this
section is subject to Section 
77-23-213
.
Section 25. Section 
75-1-107
 is amended to read:
75-1-107.
Evidence of death or status.
(1) In addition to the rules of evidence in courts of general jurisdiction, the following
rules relating to a determination of death and status apply:
(a) Death occurs when an individual is determined to be dead as provided in [
Title 26,
Chapter 34, Uniform Determination of Death Act
] 
Section 
26B-8-132
.
(b) A certified or authenticated copy of a death certificate purporting to be issued by an
official or agency of the place where the death purportedly occurred is prima facie evidence of
the fact, place, date, and time of death and the identity of the decedent.
(c) A certified or authenticated copy of any record or report of a governmental agency,
domestic or foreign, that an individual is missing, detained, dead, or alive is prima facie
evidence of the status and of the dates, circumstances, and places disclosed by the record or
report.
(d) In the absence of prima facie evidence of death under Subsection (1)(b) or (c), the
fact of death may be established by clear and convincing evidence, including circumstantial
evidence.
(e) An individual whose death is not established under Subsection (1)(a), (b), (c) or (d)
who is absent for a continuous period of five years, during which the individual has not been
heard from, and whose absence is not satisfactorily explained after diligent search or inquiry, is
presumed to be dead. The individual's death is presumed to have occurred at the end of the
period unless there is sufficient evidence for determining that death occurred earlier.
(f) In the absence of evidence disputing the time of death stated on a document
described in Subsection (1)(b) or (c), a document described in Subsection (1)(b) or (c) that
states a time of death 120 hours or more after the time of death of another individual, however
the time of death of the other individual is determined, establishes by clear and convincing
evidence that the individual survived the other individual by 120 hours.
(2) The right and duty to control the disposition of a deceased person shall be governed
by Sections 
58-9-601
 through 
58-9-604
.
Section 26. Section 
75-2a-103
 is amended to read:
75-2a-103.
Definitions.
As used in this chapter:
(1) "Adult" means an individual who is:
(a) at least 18 years [
of age
] 
old
; or
(b) an emancipated minor.
(2) "Advance health care directive":
(a) includes:
(i) a designation of an agent to make health care decisions for an adult when the adult
cannot make or communicate health care decisions; or
(ii) an expression of preferences about health care decisions;
(b) may take one of the following forms:
(i) a written document, voluntarily executed by an adult in accordance with the
requirements of this chapter; or
(ii) a witnessed oral statement, made in accordance with the requirements of this
chapter; and
(c) does not include a POLST order.
(3) "Agent" means an adult designated in an advance health care directive to make
health care decisions for the declarant.
(4) "APRN" means an individual who is:
(a) certified or licensed as an advance practice registered nurse under Subsection
58-31b-301
(2)(e);
(b) an independent practitioner;
(c) acting under a consultation and referral plan with a physician; and
(d) acting within the scope of practice for that individual, as provided by law, rule, and
specialized certification and training in that individual's area of practice.
(5) "Best interest" means that the benefits to the person resulting from a treatment
outweigh the burdens to the person resulting from the treatment, taking into account:
(a) the effect of the treatment on the physical, emotional, and cognitive functions of the
person;
(b) the degree of physical pain or discomfort caused to the person by the treatment or
the withholding or withdrawal of treatment;
(c) the degree to which the person's medical condition, the treatment, or the
withholding or withdrawal of treatment, result in a severe and continuing impairment of the
dignity of the person by subjecting the person to humiliation and dependency;
(d) the effect of the treatment on the life expectancy of the person;
(e) the prognosis of the person for recovery with and without the treatment;
(f) the risks, side effects, and benefits of the treatment, or the withholding or
withdrawal of treatment; and
(g) the religious beliefs and basic values of the person receiving treatment, to the extent
these may assist the decision maker in determining the best interest.
(6) "Capacity to appoint an agent" means that the adult understands the consequences
of appointing a particular person as agent.
(7) "Declarant" means an adult who has completed and signed or directed the signing
of an advance health care directive.
(8) "Default surrogate" means the adult who may make decisions for an individual
when either:
(a) an agent or guardian has not been appointed; or
(b) an agent is not able, available, or willing to make decisions for an adult.
(9) "Emergency medical services provider" means a person that is licensed, designated,
or certified under [
Title 26, Chapter 8a, Utah Emergency Medical Services System Act
] 
Title
26B, Chapter 4, Part 1, Utah Emergency Medical Services System
.
(10) "Generally accepted health care standards":
(a) is defined only for the purpose of:
(i) this chapter and does not define the standard of care for any other purpose under
Utah law; and
(ii) enabling health care providers to interpret the statutory form set forth in Section
75-2a-117
; and
(b) means the standard of care that justifies a provider in declining to provide life
sustaining care because the proposed life sustaining care:
(i) will not prevent or reduce the deterioration in the health or functional status of an
individual;
(ii) will not prevent the impending death of an individual; or
(iii) will impose more burden on the individual than any expected benefit to the person.
(11) "Health care" means any care, treatment, service, or procedure to improve,
maintain, diagnose, or otherwise affect an individual's physical or mental condition.
(12) "Health care decision":
(a) means a decision about an adult's health care made by, or on behalf of, an adult, that
is communicated to a health care provider;
(b) includes:
(i) selection and discharge of a health care provider and a health care facility;
(ii) approval or disapproval of diagnostic tests, procedures, programs of medication,
and orders not to resuscitate; and
(iii) directions to provide, withhold, or withdraw artificial nutrition and hydration and
all other forms of health care; and
(c) does not include decisions about an adult's financial affairs or social interactions
other than as indirectly affected by the health care decision.
(13) "Health care decision making capacity" means an adult's ability to make an
informed decision about receiving or refusing health care, including:
(a) the ability to understand the nature, extent, or probable consequences of health
status and health care alternatives;
(b) the ability to make a rational evaluation of the burdens, risks, benefits, and
alternatives of accepting or rejecting health care; and
(c) the ability to communicate a decision.
(14) "Health care facility" means:
(a) a health care facility as defined in [
Title 26, Chapter 21, Health Care Facility
Licensing and Inspection Act
] 
Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and
Inspection
; and
(b) private offices of physicians, dentists, and other health care providers licensed to
provide health care under Title 58, Occupations and Professions.
(15) "Health care provider" means the same as that term is defined in Section
78B-3-403
, except that "health care provider" does not include an emergency medical services
provider.
(16) (a) "Life sustaining care" means any medical intervention, including procedures,
administration of medication, or use of a medical device, that maintains life by sustaining,
restoring, or supplanting a vital function.
(b) "Life sustaining care" does not include care provided for the purpose of keeping an
individual comfortable.
(17) "Minor" means an individual who:
(a) is under 18 years old; and
(b) is not an emancipated minor.
(18) "Physician" means a physician and surgeon or osteopathic surgeon licensed under
Title 58, Chapter 67, Utah Medical Practice Act or Chapter 68, Utah Osteopathic Medical
Practice Act.
(19) "Physician assistant" means an individual licensed as a physician assistant under
Title 58, Chapter 70a, Utah Physician Assistant Act.
(20) "POLST order" means an order, on a form designated by the Department of
[
Health
] 
Health and Human Services
 under Section 
75-2a-106
, that gives direction to health
care providers, health care facilities, and emergency medical services providers regarding the
specific health care decisions of the individual to whom the order relates.
(21) "Reasonably available" means:
(a) readily able to be contacted without undue effort; and
(b) willing and able to act in a timely manner considering the urgency of the
circumstances.
(22) "Substituted judgment" means the standard to be applied by a surrogate when
making a health care decision for an adult who previously had the capacity to make health care
decisions, which requires the surrogate to consider:
(a) specific preferences expressed by the adult:
(i) when the adult had the capacity to make health care decisions; and
(ii) at the time the decision is being made;
(b) the surrogate's understanding of the adult's health care preferences;
(c) the surrogate's understanding of what the adult would have wanted under the
circumstances; and
(d) to the extent that the preferences described in Subsections (22)(a) through (c) are
unknown, the best interest of the adult.
(23) "Surrogate" means a health care decision maker who is:
(a) an appointed agent;
(b) a default surrogate under the provisions of Section 
75-2a-108
; or
(c) a guardian.
Section 27. Section 
75-2a-106
 is amended to read:
75-2a-106.
Emergency medical services -- POLST order.
(1) A POLST order may be created by or on behalf of a person as described in this
section.
(2) A POLST order shall, in consultation with the person authorized to consent to the
order pursuant to this section, be prepared by:
(a) the physician, APRN, or, subject to Subsection (11), physician assistant of the
person to whom the POLST order relates; or
(b) a health care provider who:
(i) is acting under the supervision of a person described in Subsection (2)(a); and
(ii) is:
(A) a nurse, licensed under Title 58, Chapter 31b, Nurse Practice Act;
(B) a physician assistant, licensed under Title 58, Chapter 70a, Utah Physician
Assistant Act;
(C) a mental health professional, licensed under Title 58, Chapter 60, Mental Health
Professional Practice Act; or
(D) another health care provider, designated by rule as described in Subsection (10).
(3) A POLST order shall be signed:
(a) personally, by the physician, APRN, or, subject to Subsection (11), physician
assistant of the person to whom the POLST order relates; and
(b) (i) if the person to whom the POLST order relates is an adult with health care
decision making capacity, by:
(A) the person; or
(B) an adult who is directed by the person to sign the POLST order on behalf of the
person;
(ii) if the person to whom the POLST order relates is an adult who lacks health care
decision making capacity, by:
(A) the surrogate with the highest priority under Section 
75-2a-111
;
(B) the majority of the class of surrogates with the highest priority under Section
75-2a-111
; or
(C) a person directed to sign the POLST order by, and on behalf of, the persons
described in Subsection (3)(b)(ii)(A) or (B); or
(iii) if the person to whom the POLST order relates is a minor, by a parent or guardian
of the minor.
(4) If a POLST order relates to a minor and directs that life sustaining treatment be
withheld or withdrawn from the minor, the order shall include a certification by two physicians
that, in their clinical judgment, an order to withhold or withdraw life sustaining treatment is in
the best interest of the minor.
(5) A POLST order:
(a) shall be in writing, on a form designated by the Department of [
Health
] 
Health and
Human Services
;
(b) shall state the date on which the POLST order was made;
(c) may specify the level of life sustaining care to be provided to the person to whom
the order relates; and
(d) may direct that life sustaining care be withheld or withdrawn from the person to
whom the order relates.
(6) A health care provider or emergency medical service provider, licensed or certified
under [
Title 26, Chapter 8a, Utah Emergency Medical Services System Act
] 
Title 26B, Chapter
4, Part 1, Utah Emergency Medical Services System
, is immune from civil or criminal liability,
and is not subject to discipline for unprofessional conduct, for:
(a) complying with a POLST order in good faith; or
(b) providing life sustaining treatment to a person when a POLST order directs that the
life sustaining treatment be withheld or withdrawn.
(7) To the extent that the provisions of a POLST order described in this section conflict
with the provisions of an advance health care directive made under Section 
75-2a-107
, the
provisions of the POLST order take precedence.
(8) An adult, or a parent or guardian of a minor, may revoke a POLST order by:
(a) orally informing emergency service personnel;
(b) writing "void" across the POLST order form;
(c) burning, tearing, or otherwise destroying or defacing:
(i) the POLST order form; or
(ii) a bracelet or other evidence of the POLST order;
(d) asking another adult to take the action described in this Subsection (8) on the
person's behalf;
(e) signing or directing another adult to sign a written revocation on the person's
behalf;
(f) stating, in the presence of an adult witness, that the person wishes to revoke the
order; or
(g) completing a new POLST order.
(9) (a) Except as provided in Subsection (9)(c), a surrogate for an adult who lacks
health care decision making capacity may only revoke a POLST order if the revocation is
consistent with the substituted judgment standard.
(b) Except as provided in Subsection (9)(c), a surrogate who has authority under this
section to sign a POLST order may revoke a POLST order, in accordance with Subsection
(9)(a), by:
(i) signing a written revocation of the POLST order; or
(ii) completing and signing a new POLST order.
(c) A surrogate may not revoke a POLST order during the period of time beginning
when an emergency service provider is contacted for assistance, and ending when the
emergency ends.
(10) (a) The Department of [
Health
] 
Health and Human Services
 shall make rules, in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to:
(i) create the forms and systems described in this section; and
(ii) develop uniform instructions for the form established in Section 
75-2a-117
.
(b) The Department of [
Health
] 
Health and Human Services
 may make rules, in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to designate
health care professionals, in addition to those described in Subsection (2)(b)(ii), who may
prepare a POLST order.
(c) The Department of [
Health
] 
Health and Human Services
 may assist others with
training of health care professionals regarding this chapter.
(11) A physician assistant may not prepare or sign a POLST order, unless the physician
assistant is permitted to prepare or sign the POLST order under the physician assistant's
delegation of services agreement, as defined in Section 
58-70a-102
.
(12) (a) Notwithstanding any other provision of this section:
(i) the provisions of Title 46, Chapter 4, Uniform Electronic Transactions Act, apply to
any signature required on the POLST order; and
(ii) a verbal confirmation satisfies the requirement for a signature from an individual
under Subsection (3)(b)(ii) or (iii), if:
(A) requiring the individual described in Subsection (3)(b)(i)(B), (ii), or (iii) to sign the
POLST order in person or electronically would require significant difficulty or expense; and
(B) a licensed health care provider witnesses the verbal confirmation and signs the
POLST order attesting that the health care provider witnessed the verbal confirmation.
(b) The health care provider described in Subsection (12)(a)(ii)(B):
(i) may not be the same individual who signs the POLST order under Subsection
(3)(a); and
(ii) shall verify, in accordance with HIPAA as defined in Section [
26-18-17
]
26B-3-126
, the identity of the individual who is providing the verbal confirmation.
Section 28. Section 
75-3-104.5
 is amended to read:
75-3-104.5.
Notice to the Office of Recovery Services.
Within 30 days after the day on which a person files an application or a petition for
probate under this chapter for a decedent who was at least 55 years old, the court shall provide
notice of the application or petition to the Office of Recovery Services created in Section
[
62A-1-105
] 
26B-9-103
 for purposes of presentation or enforcement of a lien or claim under
Section [
26-19-405
] 
26B-3-1013
.
Section 29. Section 
75-3-803
 is amended to read:
75-3-803.
Limitations on presentation of claims.
(1) All claims against a decedent's estate which arose before the death of the decedent,
including claims of the state and any subdivision of it, whether due or to become due, absolute
or contingent, liquidated or unliquidated, founded on contract, tort, or other legal basis, if not
barred earlier by other statute of limitations, are barred against the estate, the personal
representative, and the heirs and devisees of the decedent, unless presented within the earlier of
the following dates:
(a) one year after the decedent's death; or
(b) within the time provided by Subsection 
75-3-801
(2) for creditors who are given
actual notice, and where notice is published, within the time provided in Subsection
75-3-801
(1) for all claims barred by publication.
(2) In all events, claims barred by the nonclaim statute at the decedent's domicile are
also barred in this state.
(3) All claims against a decedent's estate which arise at or after the death of the
decedent, including claims of the state and any of its subdivisions, whether due or to become
due, absolute or contingent, liquidated or unliquidated, founded on contract, tort, or other legal
basis are barred against the estate, the personal representative, and the heirs and devisees of the
decedent, unless presented as follows:
(a) a claim based on a contract with the personal representative within three months
after performance by the personal representative is due; or
(b) any other claim within the later of three months after it arises, or the time specified
in Subsection (1)(a).
(4) Nothing in this section affects or prevents:
(a) any proceeding to enforce any mortgage, pledge, or other lien upon property of the
estate;
(b) to the limits of the insurance protection only, any proceeding to establish liability of
the decedent or the personal representative for which the decedent or the personal
representative is protected by liability insurance;
(c) collection of compensation for services rendered and reimbursement for expenses
advanced by the personal representative or by the attorney or accountant for the personal
representative of the estate; or
(d) medical assistance recovery under [
Title 26, Chapter 19, Medical Benefits
Recovery Act
] 
Title 26B, Chapter 3, Part 10, Medical Benefits Recovery
.
(5) If a personal representative has not been timely appointed in accordance with this
chapter, one may be appointed for the limited purposes of Subsection (4)(b) for any claim
timely brought against the decedent.
Section 30. Section 
75-3-805
 is amended to read:
75-3-805.
Classification of claims.
(1) If the applicable assets of the estate are insufficient to pay all claims in full, the
personal representative shall make payment in the following order:
(a) reasonable funeral expenses;
(b) costs and expenses of administration;
(c) debts and taxes with preference under federal law;
(d) reasonable and necessary medical and hospital expenses of the last illness of the
decedent, including compensation of persons attending the decedent, and medical assistance if
Section [
26-19-405
] 
26B-3-1013
 applies;
(e) debts and taxes with preference under other laws of this state; and
(f) all other claims.
(2) No preference shall be given in the payment of any claim over any other claim of
the same class, and a claim due and payable shall not be entitled to a preference over claims not
due.
Section 31. Section 
75-5-309
 is amended to read:
75-5-309.
Notices in guardianship proceedings.
(1) In a proceeding for the appointment or removal of a guardian of an incapacitated
person other than the appointment of an emergency guardian or temporary suspension of a
guardian, notice of hearing shall be given to each of the following:
(a) the ward or the person alleged to be incapacitated and spouse, parents, and adult
children of the ward or person;
(b) any person who is serving as guardian or conservator or who has care and custody
of the ward or person;
(c) in case no other person is notified under Subsection (1)(a), at least one of the
closest adult relatives, if any can be found;
(d) any guardian appointed by the will of the parent who died later or spouse of the
incapacitated person; and
(e) Adult Protective Services if Adult Protective Services has received a referral under
[
Title 62A, Chapter 3, Part 3, Abuse, Neglect, or Exploitation of a Vulnerable Adult
] 
Title
26B, Chapter 6, Part 2, Abuse, Neglect, or Exploitation of a Vulnerable Adult
, concerning the
welfare of the ward or person alleged to be incapacitated or concerning the guardian or
conservator or proposed guardian or conservator.
(2) The notice shall be in plain language and large type and the form shall have the
final approval of the Judicial Council. The notice shall indicate the time and place of the
hearing, the possible adverse consequences to the person receiving notice of rights, a list of
rights, including the person's own or a court appointed counsel, and a copy of the petition.
(3) Notice shall be served personally on the alleged incapacitated person and the
person's spouse and parents if they can be found within the state. Notice to the spouse and
parents, if they cannot be found within the state, and to all other persons except the alleged
incapacitated person shall be given as provided in Section 
75-1-401
. Waiver of notice by the
person alleged to be incapacitated is not effective unless the person attends the hearing or the
person's waiver of notice is confirmed in an interview with the visitor appointed pursuant to
Section 
75-5-303
.
Section 32. Section 
75-5-311
 is amended to read:
75-5-311.
Who may be guardian -- Priorities.
(1) As used in this section:
(a) "Specialized care professional" means a person who is certified as a National
Certified Guardian or National Master Guardian by the Center for Guardianship Certification
or similar organization.
(b) "Suitable institution" means any nonprofit or for profit corporation, partnership,
sole proprietorship, or other type of business organization that is owned, operated by, or
employs a specialized care professional.
(2) The court shall appoint a guardian in accordance with the incapacitated person's
most recent nomination, unless that person is disqualified or the court finds other good cause
why the person should not serve as guardian. That nomination shall have been made prior to
the person's incapacity, shall be in writing and shall be signed by the person making the
nomination. The nomination shall be in substantially the following form:
Nomination of Guardian by an Adult
I, (Name), being of sound mind and not acting under duress, fraud, or other undue
influence, do hereby nominate (Name, current residence, and relationship, if any, of the
nominee) to serve as my guardian in the event that after the date of this instrument I become
incapacitated.
Executed at ____________________________ (city, state)
on this ____________ day of ______________
____________________________________
(Signature)
(3) Except as provided in Subsection (2), persons who are not disqualified have
priority for appointment as guardian in the following order:
(a) a person who has been nominated by the incapacitated person, by any means other
than that described in Subsection (2), if the incapacitated person was 14 years [
of age
] 
old
 or
older when the nomination was executed and, in the opinion of the court, that person acted
with sufficient mental capacity to make the nomination;
(b) the spouse of the incapacitated person;
(c) an adult child of the incapacitated person;
(d) a parent of the incapacitated person, including a person nominated by will, written
instrument, or other writing signed by a deceased parent;
(e) any relative of the incapacitated person with whom he has resided for more than six
months prior to the filing of the petition;
(f) a person nominated by the person who is caring for him or paying benefits to him;
(g) a specialized care professional, so long as the specialized care professional does
not:
(i) profit financially or otherwise from or receive compensation for acting in that
capacity, except for the direct costs of providing guardianship or conservatorship services; or
(ii) otherwise have a conflict of interest in providing those services;
(h) any competent person or suitable institution; or
(i) the Office of Public Guardian under [
Title 62A, Chapter 14, Office of Public
Guardian Act
] 
Title 26B, Chapter 6, Part 3, Office of Public Guardian
.
Section 33. Section 
75-7-508
 is amended to read:
75-7-508.
Notice to creditors.
(1) (a) A trustee for an inter vivos revocable trust, upon the death of the settlor, may
publish a notice to creditors:
(i) once a week for three successive weeks in a newspaper of general circulation in the
county where the settlor resided at the time of death; and
(ii) in accordance with Section 
45-1-101
 for three weeks.
(b) The notice required by Subsection (1)(a) shall:
(i) provide the trustee's name and address; and
(ii) notify creditors:
(A) of the deceased settlor; and
(B) to present their claims within three months after the date of the first publication of
the notice or be forever barred from presenting the claim.
(2) A trustee shall give written notice by mail or other delivery to any known creditor
of the deceased settlor, notifying the creditor to present the creditor's claim within 90 days from
the published notice if given as provided in Subsection (1) or within 60 days from the mailing
or other delivery of the notice, whichever is later, or be forever barred. Written notice shall be
the notice described in Subsection (1) or a similar notice.
(3) (a) If the deceased settlor received medical assistance, as defined in Section
[
26-19-102
] 
26B-3-1001
, at any time after the age of 55, the trustee for an inter vivos revocable
trust, upon the death of the settlor, shall mail or deliver written notice to the Director of the
Office of Recovery Services, on behalf of the Department of [
Health
] 
Health and Human
Services
, to present any claim under Section [
26-19-405
] 
26B-3-1013
 within 60 days from the
mailing or other delivery of notice, whichever is later, or be forever barred.
(b) If the trustee does not mail notice to the director of the Office of Recovery Services
on behalf of the department in accordance with Subsection (3)(a), the department shall have
one year from the death of the settlor to present its claim.
(4) The trustee is not liable to any creditor or to any successor of the deceased settlor
for giving or failing to give notice under this section.
(5) The notice to creditors shall be valid against any creditor of the trust and also
against any creditor of the estate of the deceased settlor.
Section 34. Section 
75-7-509
 is amended to read:
75-7-509.
Limitations on presentation of claims.
(1) All claims against a deceased settlor which arose before the death of the deceased
settlor, whether due or to become due, absolute or contingent, liquidated or unliquidated,
founded on contract, tort, or other legal basis, if not barred earlier by other statute of
limitations, are barred against the deceased settlor's estate, the trustee, the trust estate, and the
beneficiaries of the deceased settlor's trust, unless presented within the earlier of the following:
(a) one year after the settlor's death; or
(b) the time provided by Subsection 
75-7-508
(2) or (3) for creditors who are given
actual notice, and where notice is published, within the time provided in Subsection
75-7-508
(1) for all claims barred by publication.
(2) In all events, claims barred by the nonclaim statute at the deceased settlor's
domicile are also barred in this state.
(3) All claims against a deceased settlor's estate or trust estate which arise at or after
the death of the settlor, whether due or to become due, absolute or contingent, liquidated or
unliquidated, founded on contract, tort, or other legal basis are barred against the deceased
settlor's estate, the trustee, the trust estate, and the beneficiaries of the deceased settlor, unless
presented as follows:
(a) a claim based on a contract with the trustee within three months after performance
by the trustee is due; or
(b) any other claim within the later of three months after it arises, or the time specified
in Subsection (1).
(4) Nothing in this section affects or prevents:
(a) any proceeding to enforce any mortgage, pledge, or other lien upon property of the
deceased settlor's estate or the trust estate;
(b) to the limits of the insurance protection only, any proceeding to establish liability of
the deceased settlor or the trustee for which he is protected by liability insurance;
(c) collection of compensation for services rendered and reimbursement for expenses
advanced by the trustee or by the attorney or accountant for the trustee of the trust estate; or
(d) the right to recover medical assistance provided to the settlor under [
Title 26,
Chapter 19, Medical Benefits Recovery Act
] 
Title 26B, Chapter 3, Part 10, Medical Benefits
Recovery
.
Section 35. Section 
75-7-511
 is amended to read:
75-7-511.
Classification of claims.
(1) If the applicable assets of the deceased settlor's estate or trust estate are insufficient
to pay all claims in full, the trustee shall make payment in the following order:
(a) reasonable funeral expenses;
(b) costs and expenses of administration;
(c) debts and taxes with preference under federal law;
(d) reasonable and necessary medical and hospital expenses of the last illness of the
deceased settlor, including compensation of persons attending the deceased settlor, and medical
assistance if Section [
26-19-405
] 
26B-3-1013
 applies;
(e) debts and taxes with preference under other laws of this state; and
(f) all other claims.
(2) No preference shall be given in the payment of any claim over any other claim of
the same class, and a claim due and payable shall not be entitled to a preference over claims not
due.
Section 36. Section 
76-3-203.11
 is amended to read:
76-3-203.11.
Reporting an overdose -- Mitigating factor.
It is a mitigating factor in sentencing for an offense under Title 58, Chapter 37, Utah
Controlled Substances Act, that the person or bystander:
(1) reasonably believes that the person or another person is experiencing an overdose
event due to the ingestion, injection, inhalation, or other introduction into the human body of a
controlled substance or other substance;
(2) reports, or assists a person who reports, in good faith the overdose event to a
medical provider, an emergency medical service provider as defined in Section [
26-8a-102
]
26B-4-101
, a law enforcement officer, a 911 emergency call system, or an emergency dispatch
system, or the person is the subject of a report made under this section;
(3) provides in the report under Subsection (2) a functional description of the location
of the actual overdose event that facilitates responding to the person experiencing the overdose
event;
(4) remains at the location of the person experiencing the overdose event until a
responding law enforcement officer or emergency medical service provider arrives, or remains
at the medical care facility where the person experiencing an overdose event is located until a
responding law enforcement officer arrives;
(5) cooperates with the responding medical provider, emergency medical service
provider, and law enforcement officer, including providing information regarding the person
experiencing the overdose event and any substances the person may have injected, inhaled, or
otherwise introduced into the person's body; and
(6) committed the offense in the same course of events from which the reported
overdose arose.
Section 37. Section 
76-5-102.6
 is amended to read:
76-5-102.6.
Propelling object or substance at a correctional or peace officer --
Penalties.
(1) (a) As used in this section, "infectious agent" means the same as that term is
defined in Section [
26-6-2
] 
26B-7-201
.
(b) Terms defined in Section 
76-1-101.5
 apply to this section.
(2) An actor commits the offense of propelling an object or substance at a correctional
or peace officer if the actor:
(a) is a prisoner or a detained individual; and
(b) throws or otherwise propels an object or substance at a peace officer, a correctional
officer, or an employee or volunteer, including a health care provider.
(3) (a) A violation of Subsection (2) is a class A misdemeanor.
(b) Notwithstanding Subsection (3)(a), a violation of Subsection (2) is a third degree
felony if:
(i) the object or substance causes substantial bodily injury to the peace officer, the
correctional officer, or the employee or volunteer, including a health care provider; or
(ii) (A) the object or substance is:
(I) blood, urine, semen, or fecal material;
(II) an infectious agent or a material that carries an infectious agent;
(III) vomit or a material that carries vomit; or
(IV) the actor's saliva, and the actor knows the actor is infected with HIV, hepatitis B,
or hepatitis C; and
(B) the object or substance comes into contact with any portion of the officer's,
employee's, volunteer's, or health care provider's face, including the eyes or mouth, or comes
into contact with any open wound on the officer's, employee's, volunteer's, or health care
provider's body.
(4) If an offense committed under this section amounts to an offense subject to a
greater penalty under another provision of state law than under this section, this section does
not prohibit prosecution and sentencing for the more serious offense.
Section 38. Section 
76-5-102.7
 is amended to read:
76-5-102.7.
Assault or threat of violence against health care provider, emergency
medical service worker, or health facility employee, owner, or contractor -- Penalty.
(1) (a) As used in this section:
(i) "Assault" means an offense under Section 
76-5-102
.
(ii) "Emergency medical service worker" means an individual licensed under Section
[
26-8a-302
] 
26B-4-116
.
(iii) "Health care provider" means the same as that term is defined in Section
78B-3-403
.
(iv) "Health facility" means:
(A) a health care facility as defined in Section [
26-21-2
] 
26B-2-201
; and
(B) the office of a private health care provider, whether for individual or group
practice.
(v) "Health facility employee" means an employee, owner, or contractor of a health
facility.
(vi) "Threat of violence" means an offense under Section 
76-5-107
.
(b) Terms defined in Section 
76-1-101.5
 apply to this section.
(2) (a) An actor commits assault or threat of violence against a health care provider or
emergency medical service worker if:
(i) the actor is not a prisoner or a detained individual;
(ii) the actor commits an assault or threat of violence;
(iii) the actor knew that the victim was a health care provider or emergency medical
service worker; and
(iv) the health care provider or emergency medical service worker was performing
emergency or [
life saving
] 
lifesaving
 duties within the scope of his or her authority at the time
of the assault or threat of violence.
(b) An actor commits assault or threat of violence against a health facility employee if:
(i) the actor is not a prisoner or a detained individual;
(ii) the actor commits an assault or threat of violence;
(iii) the actor knew that the victim was a health facility employee; and
(iv) the health facility employee was acting within the scope of the health facility
employee's duties for the health facility.
(3) (a) A violation of Subsection (2) is a class A misdemeanor.
(b) Notwithstanding Subsection (3)(a), a violation of Subsection (2) is a third degree
felony if the actor:
(i) causes substantial bodily injury; and
(ii) acts intentionally or knowingly.
Section 39. Section 
76-5-102.9
 is amended to read:
76-5-102.9.
Propelling a bodily substance or material -- Penalties.
(1) (a) As used in this section:
(i) "Bodily substance or material" means:
(A) saliva, blood, urine, semen, or fecal material;
(B) an infectious agent or a material that carries an infectious agent; or
(C) vomit or a material that carries vomit.
(ii) "Infectious agent" means the same as that term is defined in Section [
26-6-2
]
26B-7-201
.
(b) Terms defined in Section 
76-1-101.5
 apply to this section.
(2) An actor commits propelling a bodily substance or material if the actor knowingly
or intentionally throws or otherwise propels a bodily substance or material at another
individual.
(3) (a) A violation of Subsection (2) is a class B misdemeanor.
(b) Notwithstanding Subsection (3)(a), a violation of Subsection (2) is a class A
misdemeanor if:
(i) the bodily substance or material is the actor's saliva and the actor knows the actor is
infected with HIV, hepatitis B, or hepatitis C; or
(ii) the bodily substance or material comes into contact with any portion of the other
individual's face, including the eyes or mouth, or comes into contact with any open wound on
the other individual's body.
(4) If an offense committed under this section amounts to an offense subject to a
greater penalty under another provision of state law than under this section, this section does
not prohibit prosecution and sentencing for the more serious offense.
Section 40. Section 
76-5-112.5
 is amended to read:
76-5-112.5.
Endangerment of a child or vulnerable adult.
(1) (a) As used in this section:
(i) (A) "Chemical substance" means:
(I) a substance intended to be used as a precursor in the manufacture of a controlled
substance;
(II) a substance intended to be used in the manufacture of a controlled substance; or
(III) any fumes or by-product resulting from the manufacture of a controlled substance.
(B) Intent under this Subsection (1)(a)(i) may be demonstrated by:
(I) the use, quantity, or manner of storage of the substance; or
(II) the proximity of the substance to other precursors or to manufacturing equipment.
(ii) "Child" means an individual who is under 18 years old.
(iii) "Controlled substance" means the same as that term is defined in Section 
58-37-2
.
(iv) "Drug paraphernalia" means the same as that term is defined in Section 
58-37a-3
.
(v) "Exposed to" means that the child or vulnerable adult:
(A) is able to access an unlawfully possessed:
(I) controlled substance; or
(II) chemical substance;
(B) has the reasonable capacity to access drug paraphernalia; or
(C) is able to smell an odor produced during, or as a result of, the manufacture or
production of a controlled substance.
(vi) "Prescription" means the same as that term is defined in Section 
58-37-2
.
(vii) "Vulnerable adult" means the same as that term is defined in Section 
76-5-111
.
(b) Terms defined in Section 
76-1-101.5
 apply to this section.
(2) An actor commits endangerment of a child or vulnerable adult if the actor
knowingly or intentionally causes or permits a child or a vulnerable adult to be exposed to,
inhale, ingest, or have contact with a controlled substance, chemical substance, or drug
paraphernalia.
(3) (a) A violation of Subsection (2) is a third degree felony.
(b) Notwithstanding Subsection (3)(a), a violation of Subsection (2) is a second degree
felony if:
(i) the actor engages in the conduct described in Subsection (2); and
(ii) as a result of the conduct described in Subsection (2), the child or the vulnerable
adult suffers bodily injury, substantial bodily injury, or serious bodily injury.
(c) Notwithstanding Subsection (3)(a) or (b), a violation of Subsection (2) is a first
degree felony if:
(i) the actor engages in the conduct described in Subsection (2); and
(ii) as a result of the conduct described in Subsection (2), the child or the vulnerable
adult dies.
(4) (a) Notwithstanding Subsection (3), a child may not be subjected to delinquency
proceedings for a violation of Subsection (2) unless:
(i) the child is 15 years old or older; and
(ii) the other child who is exposed to or inhales, ingests, or has contact with the
controlled substance, chemical substance, or drug paraphernalia, is under 12 years old.
(b) It is an affirmative defense to a violation of this section that the controlled
substance:
(i) was obtained by lawful prescription or in accordance with [
Title 26, Chapter 61a,
Utah Medical Cannabis Act
] 
Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical
Cannabis
; and
(ii) is used or possessed by the individual to whom the controlled substance was
lawfully prescribed or recommended to under [
Title 26, Chapter 61a, Utah Medical Cannabis
Act
] 
Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis
.
(5) The penalties described in this section are separate from, and in addition to, the
penalties and enhancements described in Title 58, Occupations and Professions.
(6) If an offense committed under this section amounts to an offense subject to a
greater penalty under another provision of state law, this section does not prohibit prosecution
and sentencing for the more serious offense.
Section 41. Section 
76-5-113
 is amended to read:
76-5-113.
Surreptitious administration of certain substances -- Definitions --
Penalties -- Defenses.
(1) (a) As used in this section:
(i) "Administer" means the introduction of a substance into the body by injection,
inhalation, ingestion, or by any other means.
(ii) "Alcoholic beverage" means the same as that term is defined in Section 
32B-1-102
.
(iii) "Controlled substance" means the same as that term is defined in Section 
58-37-2
.
(iv) "Deleterious substance" means a substance which, if administered, would likely
cause bodily injury.
(v) "Health care provider" means the same as that term is defined in Section [
26-23a-1
]
78B-3-403
.
(vi) "Poisonous" means a substance which, if administered, would likely cause serious
bodily injury or death.
(vii) "Prescription drug" means the same as that term is defined in Section 
58-17b-102
.
(viii) "Serious bodily injury" means the same as that term is defined in Section
19-2-115
.
(ix) "Substance" means a controlled substance, poisonous substance, or deleterious
substance.
(b) Terms defined in Section 
76-1-101.5
 apply to this section.
(2) An actor commits surreptitious administration of a certain substance if the actor,
surreptitiously or by means of fraud, deception, or misrepresentation, causes an individual to
unknowingly consume or receive the administration of:
(a) any poisonous, deleterious, or controlled substance; or
(b) any alcoholic beverage.
(3) A violation of Subsection (2) is:
(a) a second degree felony if the substance is a poisonous substance, regardless of
whether the substance is a controlled substance or a prescription drug;
(b) a third degree felony if the substance is not within the scope of Subsection (3)(a),
and is a controlled substance or a prescription drug; or
(c) a class A misdemeanor if the substance is a deleterious substance or an alcoholic
beverage.
(4) (a) It is an affirmative defense to a prosecution under Subsection (2) that the actor:
(i) provided the appropriate administration of a prescription drug; and
(ii) acted on the reasonable belief that the actor's conduct was in the best interest of the
well-being of the individual to whom the prescription drug was administered.
(b) (i) The defendant shall file and serve on the prosecuting attorney a notice in writing
of the defendant's intention to claim a defense under Subsection (4)(a) not fewer than 20 days
before the trial.
(ii) The notice shall specifically identify the factual basis for the defense and the names
and addresses of the witnesses the defendant proposes to examine to establish the defense.
(c) (i) The prosecuting attorney shall file and serve the defendant with a notice
containing the names and addresses of the witnesses the prosecutor proposes to examine in
order to contradict or rebut the defendant's claim of an affirmative defense under Subsection
(4)(a).
(ii) This notice shall be filed or served not more than 10 days after receipt of the
defendant's notice under Subsection (4)(b), or at another time as the court may direct.
(d) (i) Failure of a party to comply with the requirements of Subsection (4)(b) or (4)(c)
entitles the opposing party to a continuance to allow for preparation.
(ii) If the court finds that a party's failure to comply is the result of bad faith, it may
impose appropriate sanctions.
(5) (a) This section does not diminish the scope of authorized health care by a health
care provider.
(b) Conduct in violation of Subsection (2) may also constitute a separate offense.
Section 42. Section 
76-5-412
 is amended to read:
76-5-412.
Custodial sexual relations -- Penalties -- Defenses and limitations.
(1) (a) As used in this section:
(i) "Actor" means:
(A) a law enforcement officer, as defined in Section 
53-13-103
;
(B) a correctional officer, as defined in Section 
53-13-104
;
(C) a special function officer, as defined in Section 
53-13-105
; or
(D) an employee of, or private provider or contractor for, the Department of
Corrections or a county jail.
(ii) "Indecent liberties" means the same as that term is defined in Section 
76-5-401.1
.
(iii) "Person in custody" means an individual, either an adult 18 years old or older, or a
minor younger than 18 years old, who is:
(A) a prisoner, as defined in Section 
76-5-101
, and includes a prisoner who is in the
custody of the Department of Corrections created under Section 
64-13-2
, but who is being
housed at the Utah State Hospital established under Section [
62A-15-601
] 
26B-5-302
 or other
medical facility;
(B) under correctional supervision, such as at a work release facility or as a parolee or
probationer; or
(C) under lawful or unlawful arrest, either with or without a warrant.
(iv) "Private provider or contractor" means a person that contracts with the Department
of Corrections or with a county jail to provide services or functions that are part of the
operation of the Department of Corrections or a county jail under state or local law.
(b) Terms defined in Section 
76-1-101.5
 apply to this section.
(2) (a) An actor commits custodial sexual relations if the actor commits any of the acts
under Subsection (2)(b):
(i) under circumstances not amounting to commission of, or an attempt to commit, an
offense under Subsection (4); and
(ii) (A) the actor knows that the individual is a person in custody; or
(B) a reasonable person in the actor's position should have known under the
circumstances that the individual was a person in custody.
(b) Acts referred to in Subsection (2)(a) are:
(i) having sexual intercourse with a person in custody;
(ii) engaging in a sexual act with a person in custody involving the genitals of one
individual and the mouth or anus of another individual; or
(iii) (A) causing the penetration, however slight, of the genital or anal opening of a
person in custody by any foreign object, substance, instrument, or device, including a part of
the human body; and
(B) intending to cause substantial emotional or bodily pain to any individual.
(c) Any touching, even if accomplished through clothing, is sufficient to constitute the
relevant element of a violation of Subsection (2)(a).
(3) (a) A violation of Subsection (2) is a third degree felony.
(b) Notwithstanding Subsection (3)(a), if the person in custody is younger than 18
years old, a violation of Subsection (2) is a second degree felony.
(c) If the act committed under Subsection (3) amounts to an offense subject to a greater
penalty under another provision of state law than is provided under this Subsection (3), this
Subsection (3) does not prohibit prosecution and sentencing for the more serious offense.
(4) The offenses referred to in Subsection (2)(a)(i) and Subsection 
76-5-412.2
(2)(a)(i)
are:
(a) Section 
76-5-401
, unlawful sexual activity with a minor;
(b) Section 
76-5-402
, rape;
(c) Section 
76-5-402.1
, rape of a child;
(d) Section 
76-5-402.2
, object rape;
(e) Section 
76-5-402.3
, object rape of a child;
(f) Section 
76-5-403
, forcible sodomy;
(g) Section 
76-5-403.1
, sodomy on a child;
(h) Section 
76-5-404
, forcible sexual abuse;
(i) Section 
76-5-404.1
, sexual abuse of a child, or Section 
76-5-404.3
, aggravated
sexual abuse of a child; or
(j) Section 
76-5-405
, aggravated sexual assault.
(5) (a) It is not a defense to the commission of, or the attempt to commit, the offense of
custodial sexual relations under Subsection (2) if the person in custody is younger than 18 years
old, that the actor:
(i) mistakenly believed the person in custody to be 18 years old or older at the time of
the alleged offense; or
(ii) was unaware of the true age of the person in custody.
(b) Consent of the person in custody is not a defense to any violation or attempted
violation of Subsection (2).
(6) It is a defense that the commission by the actor of an act under Subsection (2) is the
result of compulsion, as the defense is described in Subsection 
76-2-302
(1).
Section 43. Section 
76-5b-201
 is amended to read:
76-5b-201.
Sexual exploitation of a minor -- Offenses.
(1) Terms defined in Section 
76-1-101.5
 apply to this section.
(2) An actor commits sexual exploitation of a minor when the actor knowingly
possesses or intentionally views child pornography.
(3) (a) A violation of Subsection (2) is a second degree felony.
(b) It is a separate offense under this section:
(i) for each minor depicted in the child pornography; and
(ii) for each time the same minor is depicted in different child pornography.
(4) (a) It is an affirmative defense to a charge of violating this section that no minor
was actually depicted in the visual depiction or used in producing or advertising the visual
depiction.
(b) For a charge of violating this section, it is an affirmative defense that:
(i) the defendant:
(A) did not solicit the child pornography from the minor depicted in the child
pornography;
(B) is not more than two years older than the minor depicted in the child pornography;
and
(C) upon request of a law enforcement agent or the minor depicted in the child
pornography, removes from an electronic device or destroys the child pornography and all
copies of the child pornography in the defendant's possession; and
(ii) the child pornography does not depict an offense under Chapter 5, Part 4, Sexual
Offenses.
(5) In proving a violation of this section in relation to an identifiable minor, proof of
the actual identity of the identifiable minor is not required.
(6) This section may not be construed to impose criminal or civil liability on:
(a) an entity or an employee, director, officer, or agent of an entity when acting within
the scope of employment, for the good faith performance of:
(i) reporting or data preservation duties required under federal or state law; or
(ii) implementing a policy of attempting to prevent the presence of child pornography
on tangible or intangible property, or of detecting and reporting the presence of child
pornography on the property;
(b) a law enforcement officer acting within the scope of a criminal investigation;
(c) an employee of a court who may be required to view child pornography during the
course of and within the scope of the employee's employment;
(d) a juror who may be required to view child pornography during the course of the
individual's service as a juror;
(e) an attorney or employee of an attorney who is required to view child pornography
during the course of a judicial process and while acting within the scope of employment;
(f) an employee of the Department of [
Human Services
] 
Health and Human Services
who is required to view child pornography within the scope of the employee's employment; or
(g) an attorney who is required to view child pornography within the scope of the
attorney's responsibility to represent the Department of [
Human Services
] 
Health and Human
Services
, including the divisions and offices within the Department of [
Human Services
]
Health and Human Services
.
Section 44. Section 
76-6-106
 is amended to read:
76-6-106.
Criminal mischief.
(1) As used in this section, "critical infrastructure" includes:
(a) information and communication systems;
(b) financial and banking systems;
(c) any railroads, airlines, airports, airways, highways, bridges, waterways, fixed
guideways, or other transportation systems intended for the transportation of persons or
property;
(d) any public utility service, including the power, energy, and water supply systems;
(e) sewage and water treatment systems;
(f) health care facilities as listed in Section [
26-21-2
] 
26B-2-201
, and emergency fire,
medical, and law enforcement response systems;
(g) public health facilities and systems;
(h) food distribution systems; and
(i) other government operations and services.
(2) A person commits criminal mischief if the person:
(a) under circumstances not amounting to arson, damages or destroys property with the
intention of defrauding an insurer;
(b) intentionally and unlawfully tampers with the property of another and as a result:
(i) recklessly endangers:
(A) human life; or
(B) human health or safety; or
(ii) recklessly causes or threatens a substantial interruption or impairment of any
critical infrastructure;
(c) intentionally damages, defaces, or destroys the property of another; or
(d) recklessly or willfully shoots or propels a missile or other object at or against a
motor vehicle, bus, airplane, boat, locomotive, train, railway car, or caboose, whether moving
or standing.
(3) (a) (i) A violation of Subsection (2)(a) is a third degree felony.
(ii) A violation of Subsection (2)(b)(i)(A) is a class A misdemeanor.
(iii) A violation of Subsection (2)(b)(i)(B) is a class B misdemeanor.
(iv) A violation of Subsection (2)(b)(ii) is a second degree felony.
(b) Any other violation of this section is a:
(i) second degree felony if the actor's conduct causes or is intended to cause pecuniary
loss equal to or in excess of $5,000 in value;
(ii) third degree felony if the actor's conduct causes or is intended to cause pecuniary
loss equal to or in excess of $1,500 but is less than $5,000 in value;
(iii) class A misdemeanor if the actor's conduct causes or is intended to cause
pecuniary loss equal to or in excess of $500 but is less than $1,500 in value; and
(iv) class B misdemeanor if the actor's conduct causes or is intended to cause pecuniary
loss less than $500 in value.
(4) In determining the value of damages under this section, or for computer crimes
under Section 
76-6-703
, the value of any item, computer, computer network, computer
property, computer services, software, or data includes the measurable value of the loss of use
of the items and the measurable cost to replace or restore the items.
(5) In addition to any other penalty authorized by law, a court shall order any person
convicted of any violation of this section to reimburse any federal, state, or local unit of
government, or any private business, organization, individual, or entity for all expenses
incurred in responding to a violation of Subsection (2)(b)(ii), unless the court states on the
record the reasons why the reimbursement would be inappropriate.
Section 45. Section 
76-6-702
 is amended to read:
76-6-702.
Definitions.
As used in this part:
(1) "Access" means to directly or indirectly use, attempt to use, instruct, communicate
with, cause input to, cause output from, or otherwise make use of any resources of a computer,
computer system, computer network, or any means of communication with any of them.
(2) "Authorization" means having the express or implied consent or permission of the
owner, or of the person authorized by the owner to give consent or permission to access a
computer, computer system, or computer network in a manner not exceeding the consent or
permission.
(3) "Computer" means any electronic device or communication facility that stores,
processes, transmits, or facilitates the transmission of data.
(4) "Computer network" means:
(a) the interconnection of communication or telecommunication lines between:
(i) computers; or
(ii) computers and remote terminals; or
(b) the interconnection by wireless technology between:
(i) computers; or
(ii) computers and remote terminals.
(5) "Computer property" includes electronic impulses, electronically produced data,
information, financial instruments, software, or programs, in either machine or human readable
form, any other tangible or intangible item relating to a computer, computer system, computer
network, and copies of any of them.
(6) "Computer system" means a set of related, connected or unconnected, devices,
software, or other related computer equipment.
(7) "Computer technology" includes:
(a) a computer;
(b) a computer network;
(c) computer hardware;
(d) a computer system;
(e) a computer program;
(f) computer services;
(g) computer software; or
(h) computer data.
(8) "Confidential" means data, text, or computer property that is protected by a security
system that clearly evidences that the owner or custodian intends that it not be available to
others without the owner's or custodian's permission.
(9) "Critical infrastructure" includes:
(a) a financial or banking system;
(b) any railroad, airline, airport, airway, highway, bridge, waterway, fixed guideway, or
other transportation system intended for the transportation of persons or property;
(c) any public utility service, including a power, energy, gas, or water supply system;
(d) a sewage or water treatment system;
(e) a health care facility, as that term is defined in Section [
26-21-2
] 
26B-2-201
;
(f) an emergency fire, medical, or law enforcement response system;
(g) a public health facility or system;
(h) a food distribution system;
(i) a government computer system or network;
(j) a school; or
(k) other government facilities, operations, or services.
(10) "Denial of service attack" means an attack or intrusion that is intended to disrupt
legitimate access to, or use of, a network resource, a machine, or computer technology.
(11) "Financial instrument" includes any check, draft, money order, certificate of
deposit, letter of credit, bill of exchange, electronic fund transfer, automated clearing house
transaction, credit card, or marketable security.
(12) (a) "Identifying information" means a person's:
(i) social security number;
(ii) driver license number;
(iii) nondriver governmental identification number;
(iv) bank account number;
(v) student identification number;
(vi) credit or debit card number;
(vii) personal identification number;
(viii) unique biometric data;
(ix) employee or payroll number;
(x) automated or electronic signature; or
(xi) computer password.
(b) "Identifying information" does not include information that is lawfully available
from publicly available information, or from federal, state, or local government records
lawfully made available to the general public.
(13) "Information" does not include information obtained:
(a) through use of:
(i) an electronic product identification or tracking system; or
(ii) other technology used by a retailer to identify, track, or price goods; and
(b) by a retailer through the use of equipment designed to read the electronic product
identification or tracking system data located within the retailer's location.
(14) "Interactive computer service" means an information service, system, or access
software provider that provides or enables computer access by multiple users to a computer
server, including a service or system that provides access to the Internet or a system operated,
or services offered, by a library or an educational institution.
(15) "License or entitlement" includes:
(a) licenses, certificates, and permits granted by governments;
(b) degrees, diplomas, and grades awarded by educational institutions;
(c) military ranks, grades, decorations, and awards;
(d) membership and standing in organizations and religious institutions;
(e) certification as a peace officer;
(f) credit reports; and
(g) another record or datum upon which a person may be reasonably expected to rely in
making decisions that will have a direct benefit or detriment to another.
(16) "Security system" means a computer, computer system, network, or computer
property that has some form of access control technology implemented, such as encryption,
password protection, other forced authentication, or access control designed to keep out
unauthorized persons.
(17) "Services" include computer time, data manipulation, and storage functions.
(18) "Service provider" means a telecommunications carrier, cable operator, computer
hardware or software provider, or a provider of information service or interactive computer
service.
(19) "Software" or "program" means a series of instructions or statements in a form
acceptable to a computer, relating to the operations of the computer, or permitting the
functioning of a computer system in a manner designed to provide results including system
control programs, application programs, or copies of any of them.
Section 46. Section 
76-7-301
 is amended to read:
76-7-301.
Definitions.
As used in this part:
(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 the same as that term is defined in Section [
26-21-2
]
26B-2-201
.
(3) "Abuse" means the same as that term is defined in Section 
80-1-102
.
(4) "Department" means the Department of [
Health
] 
Health and Human Services
.
(5) "Down syndrome" means a genetic condition associated with an extra chromosome
21, in whole or in part, or an effective trisomy for chromosome 21.
(6) "Gestational age" means the age of an unborn child as calculated from the first day
of the last menstrual period of the pregnant woman.
(7) "Hospital" means:
(a) a general hospital licensed by the department according to [
Title 26, Chapter 21,
Health Care Facility Licensing and Inspection Act
] 
Title 26B, Chapter 2, Part 2, Health Care
Facility Licensing and Inspection
; and
(b) a clinic or other medical facility to the extent that such 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 the pregnant woman and the
unborn child as would be provided for the particular medical procedures undertaken by a
general hospital licensed by the department.
(8) "Information module" means the pregnancy termination information module
prepared by the department.
(9) "Medical emergency" means that 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.
(10) "Minor" means an individual who is:
(a) under 18 years old;
(b) unmarried; and
(c) not emancipated.
(11) (a) "Partial birth abortion" means an abortion in which the person performing the
abortion:
(i) deliberately and intentionally vaginally delivers a living fetus until, in the case of a
head first presentation, the entire fetal head is outside the body of the mother, or, in the case of
breech presentation, any part of the fetal trunk past the navel is outside the body of the mother,
for the purpose of performing an overt act that the person knows will kill the partially delivered
living fetus; and
(ii) performs the overt act, other than completion of delivery, that kills the partially
living fetus.
(b) "Partial birth abortion" does not include the dilation and evacuation procedure
involving dismemberment prior to removal, the suction curettage procedure, or the suction
aspiration procedure for abortion.
(12) "Physician" means:
(a) a medical doctor licensed to practice medicine and surgery under Title 58, Chapter
67, Utah Medical Practice Act;
(b) an osteopathic physician licensed to practice osteopathic medicine under Title 58,
Chapter 68, Utah Osteopathic Medical Practice Act; or
(c) a physician employed by the federal government who has qualifications similar to a
person described in Subsection (12)(a) or (b).
(13) (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 47. Section 
76-7-305
 is amended to read:
76-7-305.
Informed consent requirements for abortion -- 72-hour wait mandatory
-- Exceptions.
(1) A person may not perform an abortion, unless, before performing the abortion, the
physician who will perform the abortion obtains from the woman on whom the abortion is to
be performed a voluntary and informed written consent that is consistent with:
(a) Section 8.08 of the American Medical Association's Code of Medical Ethics,
Current Opinions; and
(b) the provisions of this section.
(2) Except as provided in Subsection (8), consent to an abortion is voluntary and
informed only if, at least 72 hours before the abortion:
(a) a staff member of an abortion clinic or hospital, physician, registered nurse, nurse
practitioner, advanced practice registered nurse, certified nurse midwife, genetic counselor, or
physician's assistant presents the information module to the pregnant woman;
(b) the pregnant woman views the entire information module and presents evidence to
the individual described in Subsection (2)(a) that the pregnant woman viewed the entire
information module;
(c) after receiving the evidence described in Subsection (2)(b), the individual described
in Subsection (2)(a):
(i) documents that the pregnant woman viewed the entire information module;
(ii) gives the pregnant woman, upon her request, a copy of the documentation
described in Subsection (2)(c)(i); and
(iii) provides a copy of the statement described in Subsection (2)(c)(i) to the physician
who is to perform the abortion, upon request of that physician or the pregnant woman;
(d) after the pregnant woman views the entire information module, the physician who
is to perform the abortion, the referring physician, a physician, a registered nurse, nurse
practitioner, advanced practice registered nurse, certified nurse midwife, genetic counselor, or
physician's assistant, in a face-to-face consultation in any location in the state, orally informs
the woman of:
(i) the nature of the proposed abortion procedure;
(ii) specifically how the procedure described in Subsection (2)(d)(i) will affect the
fetus;
(iii) the risks and alternatives to the abortion procedure or treatment;
(iv) the options and consequences of aborting a medication-induced abortion, if the
proposed abortion procedure is a medication-induced abortion;
(v) the probable gestational age and a description of the development of the unborn
child at the time the abortion would be performed;
(vi) the medical risks associated with carrying her child to term;
(vii) the right to view an ultrasound of the unborn child, at no expense to the pregnant
woman, upon her request; and
(viii) when the result of a prenatal screening or diagnostic test indicates that the unborn
child has or may have Down syndrome, the Department of [
Health
] 
Health and Human
Services
 website containing the information described in Section [
26-10-14
] 
26B-7-106
,
including the information on the informational support sheet; and
(e) after the pregnant woman views the entire information module, a staff member of
the abortion clinic or hospital provides to the pregnant woman:
(i) on a document that the pregnant woman may take home:
(A) the address for the department's website described in Section 
76-7-305.5
; and
(B) a statement that the woman may request, from a staff member of the abortion clinic
or hospital where the woman viewed the information module, a printed copy of the material on
the department's website;
(ii) a printed copy of the material on the department's website described in Section
76-7-305.5
, if requested by the pregnant woman; and
(iii) a copy of the form described in Subsection [
26-21-33
(3)(a)(i)
] 
26B-2-232
(3)(a)(i)
regarding the disposition of the aborted fetus.
(3) Before performing an abortion, the physician who is to perform the abortion shall:
(a) in a face-to-face consultation, provide the information described in Subsection
(2)(d), unless the attending physician or referring physician is the individual who provided the
information required under Subsection (2)(d); and
(b) (i) obtain from the pregnant woman a written certification that the information
required to be provided under Subsection (2) and this Subsection (3) was provided in
accordance with the requirements of Subsection (2) and this Subsection (3);
(ii) obtain a copy of the statement described in Subsection (2)(c)(i); and
(iii) ensure that:
(A) the woman has received the information described in Subsections [
26-21-33
(3) and
(4)
] 
26B-2-232
(3) and (4)
; and
(B) if the woman has a preference for the disposition of the aborted fetus, the woman
has informed the health care facility of the woman's decision regarding the disposition of the
aborted fetus.
(4) When a serious medical emergency compels the performance of an abortion, the
physician shall inform the woman prior to the abortion, if possible, of the medical indications
supporting the physician's judgment that an abortion is necessary.
(5) If an ultrasound is performed on a woman before an abortion is performed, the
individual who performs the ultrasound, or another qualified individual, shall:
(a) inform the woman that the ultrasound images will be simultaneously displayed in a
manner to permit her to:
(i) view the images, if she chooses to view the images; or
(ii) not view the images, if she chooses not to view the images;
(b) simultaneously display the ultrasound images in order to permit the woman to:
(i) view the images, if she chooses to view the images; or
(ii) not view the images, if she chooses not to view the images;
(c) inform the woman that, if she desires, the person performing the ultrasound, or
another qualified person shall provide a detailed description of the ultrasound images,
including:
(i) the dimensions of the unborn child;
(ii) the presence of cardiac activity in the unborn child, if present and viewable; and
(iii) the presence of external body parts or internal organs, if present and viewable; and
(d) provide the detailed description described in Subsection (5)(c), if the woman
requests it.
(6) The information described in Subsections (2), (3), and (5) is not required to be
provided to a pregnant woman under this section if the abortion is performed for a reason
described in:
(a) Subsection 
76-7-302
(3)(b)(i), if the treating physician and one other physician
concur, in writing, that 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; or
(b) Subsection 
76-7-302
(3)(b)(ii).
(7) In addition to the criminal penalties described in this part, a physician who violates
the provisions of this section:
(a) is guilty of unprofessional conduct as defined in Section 
58-67-102
 or 
58-68-102
;
and
(b) shall be subject to:
(i) suspension or revocation of the physician's license for the practice of medicine and
surgery in accordance with Section 
58-67-401
 or 
58-68-401
; and
(ii) administrative penalties in accordance with Section 
58-67-402
 or 
58-68-402
.
(8) A physician is not guilty of violating this section for failure to furnish any of the
information described in Subsection (2) or (3), or for failing to comply with Subsection (5), if:
(a) the physician can demonstrate by a preponderance of the evidence that the
physician reasonably believed that furnishing the information would have resulted in a severely
adverse effect on the physical or mental health of the pregnant woman;
(b) in the physician's professional judgment, the abortion was 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;
(c) the pregnancy was the result of rape or rape of a child, as described in Sections
76-5-402
 and 
76-5-402.1
;
(d) the pregnancy was the result of incest, as defined in Subsection 
76-5-406
(2)(j) and
Section 
76-7-102
; or
(e) at the time of the abortion, the pregnant woman was 14 years old or younger.
(9) A physician who complies with the provisions of this section and Section
76-7-304.5
 may not be held civilly liable to the physician's patient for failure to obtain
informed consent under Section 
78B-3-406
.
(10) (a) The department shall provide an ultrasound, in accordance with the provisions
of Subsection (5)(b), at no expense to the pregnant woman.
(b) A local health department shall refer a pregnant woman who requests an ultrasound
described in Subsection (10)(a) to the department.
(11) A physician is not guilty of violating this section if:
(a) the information described in Subsection (2) is provided less than 72 hours before
the physician performs the abortion; and
(b) in the physician's professional judgment, the abortion was necessary in a case
where:
(i) a ruptured membrane, documented by the attending or referring physician, will
cause a serious infection; or
(ii) a serious infection, documented by the attending or referring physician, will cause a
ruptured membrane.
Section 48. Section 
76-7-305.5
 is amended to read:
76-7-305.5.
Requirements for information module and website.
(1) In order to ensure that a woman's consent to an abortion is truly an informed
consent, the department shall, in accordance with the requirements of this section, develop an
information module and maintain a public website.
(2) The information module and public website described in Subsection (1) shall:
(a) be scientifically accurate, comprehensible, and presented in a truthful,
nonmisleading manner;
(b) present adoption as a preferred and positive choice and alternative to abortion;
(c) be produced in a manner that conveys the state's preference for childbirth over
abortion;
(d) state that the state prefers childbirth over abortion;
(e) state that it is unlawful for any person to coerce a woman to undergo an abortion;
(f) state that any physician who performs an abortion without obtaining the woman's
informed consent or without providing her a private medical consultation in accordance with
the requirements of this section, may be liable to her for damages in a civil action at law;
(g) provide a geographically indexed list of resources and public and private services
available to assist, financially or otherwise, a pregnant woman during pregnancy, at childbirth,
and while the child is dependent, including:
(i) medical assistance benefits for prenatal care, childbirth, and neonatal care;
(ii) services and supports available under Section 
35A-3-308
;
(iii) other financial aid that may be available during an adoption;
(iv) services available from public adoption agencies, private adoption agencies, and
private attorneys whose practice includes adoption; and
(v) the names, addresses, and telephone numbers of each person listed under this
Subsection (2)(g);
(h) describe the adoption-related expenses that may be paid under Section 
76-7-203
;
(i) describe the persons who may pay the adoption related expenses described in
Subsection (2)(h);
(j) except as provided in Subsection (4), describe the legal responsibility of the father
of a child to assist in child support, even if the father has agreed to pay for an abortion;
(k) except as provided in Subsection (4), describe the services available through the
Office of Recovery Services, within the Department of [
Human Services
] 
Health and Human
Services
, to establish and collect the support described in Subsection (2)(j);
(l) state that private adoption is legal;
(m) describe and depict, with pictures or video segments, the probable anatomical and
physiological characteristics of an unborn child at two-week gestational increments from
fertilization to full term, including:
(i) brain and heart function;
(ii) the presence and development of external members and internal organs; and
(iii) the dimensions of the fetus;
(n) show an ultrasound of the heartbeat of an unborn child at:
(i) four weeks from conception;
(ii) six to eight weeks from conception; and
(iii) each month after 10 weeks gestational age, up to 14 weeks gestational age;
(o) describe abortion procedures used in current medical practice at the various stages
of growth of the unborn child, including:
(i) the medical risks associated with each procedure;
(ii) the risk related to subsequent childbearing that are associated with each procedure;
and
(iii) the consequences of each procedure to the unborn child at various stages of fetal
development;
(p) describe the possible detrimental psychological effects of abortion;
(q) describe the medical risks associated with carrying a child to term;
(r) include relevant information on the possibility of an unborn child's survival at the
two-week gestational increments described in Subsection (2)(m);
(s) except as provided in Subsection (5), include:
(i) information regarding substantial medical evidence from studies concluding that an
unborn child who is at least 20 weeks gestational age may be capable of experiencing pain
during an abortion procedure; and
(ii) the measures that will be taken in accordance with Section 
76-7-308.5
;
(t) explain the options and consequences of aborting a medication-induced abortion;
(u) include the following statement regarding a medication-induced abortion,
"Research indicates that mifepristone alone is not always effective in ending a pregnancy. You
may still have a viable pregnancy after taking mifepristone. If you have taken mifepristone but
have not yet taken the second drug and have questions regarding the health of your fetus or are
questioning your decision to terminate your pregnancy, you should consult a physician
immediately.";
(v) inform a pregnant woman that she has the right to view an ultrasound of the unborn
child, at no expense to her, upon her request;
(w) inform a pregnant woman that she has the right to:
(i) determine the final disposition of the remains of the aborted fetus;
(ii) unless the woman waives this right in writing, wait up to 72 hours after the
abortion procedure is performed to make a determination regarding the disposition of the
aborted fetus before the health care facility may dispose of the fetal remains;
(iii) receive information about options for disposition of the aborted fetus, including
the method of disposition that is usual and customary for a health care facility; and
(iv) for a medication-induced abortion, return the aborted fetus to the health care
facility for disposition; and
(x) provide a digital copy of the form described in Subsection [
26-21-33
(3)(a)(i)
]
26B-2-232
(3)(a)(i)
; and
(y) be in a typeface large enough to be clearly legible.
(3) The information module and website described in Subsection (1) may include a
toll-free 24-hour telephone number that may be called in order to obtain, orally, a list and
description of services, agencies, and adoption attorneys in the locality of the caller.
(4) The department may develop a version of the information module and website that
omits the information in Subsections (2)(j) and (k) for a viewer who is pregnant as the result of
rape.
(5) The department may develop a version of the information module and website that
omits the information described in Subsection (2)(s) for a viewer who will have an abortion
performed:
(a) on an unborn child who is less than 20 weeks gestational age at the time of the
abortion; or
(b) on an unborn child who is at least 20 weeks gestational age at the time of the
abortion, if:
(i) the abortion is being performed for a reason described in Subsection
76-7-302
(3)(b)(i) or (ii); and
(ii) due to a serious medical emergency, time does not permit compliance with the
requirement to provide the information described in Subsection (2)(s).
(6) The department and each local health department shall make the information
module and the website described in Subsection (1) available at no cost to any person.
(7) The department shall make the website described in Subsection (1) available for
viewing on the department's website by clicking on a conspicuous link on the home page of the
website.
(8) The department shall ensure that the information module is:
(a) available to be viewed at all facilities where an abortion may be performed;
(b) interactive for the individual viewing the module, including the provision of
opportunities to answer questions and manually engage with the module before the module
transitions from one substantive section to the next;
(c) produced in English and may include subtitles in Spanish or another language; and
(d) capable of being viewed on a tablet or other portable device.
(9) After the department releases the initial version of the information module, for the
use described in Section 
76-7-305
, the department shall:
(a) update the information module, as required by law; and
(b) present an updated version of the information module to the Health and Human
Services Interim Committee for the committee's review and recommendation before releasing
the updated version for the use described in Section 
76-7-305
.
Section 49. Section 
76-7-306
 is amended to read:
76-7-306.
Refusal to participate, admit, or treat for abortion based on religious or
moral grounds -- Cause of action.
(1) As used in this section:
(a) "Health care facility" is as defined in Section [
26-21-2
] 
26B-2-201
.
(b) "Health care provider" means an individual who is an employee of, has practice
privileges at, or is otherwise associated with a health care facility.
(2) A health care provider may, on religious or moral grounds, refuse to perform or
participate in any way, in:
(a) an abortion; or
(b) a procedure that is intended to, or likely to, result in the termination of a pregnancy.
(3) Except as otherwise required by law, a health care facility may refuse, on religious
or moral grounds, to:
(a) admit a patient for an abortion procedure or another procedure that is intended to, or
likely to, result in the termination of a pregnancy; or
(b) perform for a patient an abortion procedure or another procedure that is intended to,
or likely to, result in the termination of a pregnancy.
(4) A health care provider's refusal under Subsection (2) and a health care facility's
refusal under Subsection (3) may not be the basis for civil liability or other recriminatory
action.
(5) A health care facility, employer, or other person may not take an adverse action
against a health care provider for exercising the health care provider's right of refusal described
in Subsection (2), or for bringing or threatening to bring an action described in Subsection (6),
including:
(a) dismissal;
(b) demotion;
(c) suspension;
(d) discipline;
(e) discrimination;
(f) harassment;
(g) retaliation;
(h) adverse change in status;
(i) termination of, adverse alteration of, or refusal to renew an association or
agreement; or
(j) refusal to provide a benefit, privilege, raise, promotion, tenure, or increased status
that the health care provider would have otherwise received.
(6) A person who is adversely impacted by conduct prohibited in Subsection (5) may
bring a civil action for equitable relief, including reinstatement, and for damages. A person
who brings an action under this section must commence the action within three years after the
day on which the cause of action arises.
Section 50. Section 
76-7-313
 is amended to read:
76-7-313.
Department's enforcement responsibility -- Physician's report to
department.
(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; and
(ix) 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
] 
Section 
26B-1-229
.
(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.
Section 51. Section 
76-7-314
 is amended to read:
76-7-314.
Violations of abortion laws -- Classifications.
(1) A willful violation of Section 
76-7-307
, 
76-7-308
, 
76-7-310
, 
76-7-310.5
, 
76-7-311
,
or 
76-7-312
 is a felony of the third degree.
(2) A violation of Section 
76-7-326
 is a felony of the third degree.
(3) A violation of Section 
76-7-302.5
 or 
76-7-314.5
 is a felony of the second degree.
(4) A violation of any other provision of this part, including Subsections
76-7-305
(2)(a) through (c), and (e), is a class A misdemeanor.
(5) The Department of [
Health
] 
Health and Human Services
 shall report a physician's
violation of any provision of this part to the Physicians Licensing Board, described in Section
58-67-201
.
(6) Any person with knowledge of a physician's violation of any provision of this part
may report the violation to the Physicians Licensing Board, described in Section 
58-67-201
.
(7) In addition to the penalties described in this section, the department may take any
action described in Section [
26-21-11
] 
26B-2-208
 against an abortion clinic if a violation of
this chapter occurs at the abortion clinic.
Section 52. Section 
76-8-311.1
 is amended to read:
76-8-311.1.
Secure areas -- Items prohibited -- Penalty.
(1) In addition to the definitions in Section 
76-10-501
, as used in this section:
(a) "Correctional facility" has the same meaning as defined in Section 
76-8-311.3
.
(b) "Explosive" has the same meaning as defined for "explosive, chemical, or
incendiary device" defined in Section 
76-10-306
.
(c) "Law enforcement facility" means a facility which is owned, leased, or operated by
a law enforcement agency.
(d) "Mental health facility" has the same meaning as defined in Section [
62A-15-602
]
26B-5-301
.
(e) (i) "Secure area" means any area into which certain persons are restricted from
transporting any firearm, ammunition, dangerous weapon, or explosive.
(ii) A "secure area" may not include any area normally accessible to the public.
(2) (a) A person in charge of the State Tax Commission or a correctional, law
enforcement, or mental health facility may establish secure areas within the facility and may
prohibit or control by rule any firearm, ammunition, dangerous weapon, or explosive.
(b) Subsections (2)(a), (3), (4), (5), and (6) apply to higher education secure area
hearing rooms referred to in Subsections 
53B-3-103
(2)(a)(ii) and (b).
(3) At least one notice shall be prominently displayed at each entrance to an area in
which a firearm, ammunition, dangerous weapon, or explosive is restricted.
(4) (a) Provisions shall be made to provide a secure weapons storage area so that
persons entering the secure area may store their weapons prior to entering the secure area.
(b) The entity operating the facility shall be responsible for weapons while they are
stored in the storage area.
(5) It is a defense to any prosecution under this section that the accused, in committing
the act made criminal by this section, acted in conformity with the facility's rule or policy
established pursuant to this section.
(6) (a) Any person who knowingly or intentionally transports into a secure area of a
facility any firearm, ammunition, or dangerous weapon is guilty of a third degree felony.
(b) Any person violates Section 
76-10-306
 who knowingly or intentionally transports,
possesses, distributes, or sells any explosive in a secure area of a facility.
Section 53. Section 
76-8-311.3
 is amended to read:
76-8-311.3.
Items prohibited in correctional and mental health facilities --
Penalties.
(1) As used in this section:
(a) "Contraband" means any item not specifically prohibited for possession by
offenders under this section or Title 58, Chapter 37, Utah Controlled Substances Act.
(b) "Controlled substance" means any substance defined as a controlled substance
under Title 58, Chapter 37, Utah Controlled Substances Act.
(c) "Correctional facility" means:
(i) any facility operated by or contracting with the Department of Corrections to house
offenders in either a secure or nonsecure setting;
(ii) any facility operated by a municipality or a county to house or detain criminal
offenders;
(iii) any juvenile detention facility; and
(iv) any building or grounds appurtenant to the facility or lands granted to the state,
municipality, or county for use as a correctional facility.
(d) "Electronic cigarette product" means the same as that term is defined in Section
76-10-101
.
(e) "Medicine" means any prescription drug as defined in Title 58, Chapter 17b,
Pharmacy Practice Act, but does not include any controlled substances as defined in Title 58,
Chapter 37, Utah Controlled Substances Act.
(f) "Mental health facility" means the same as that term is defined in Section
[
62A-15-602
] 
26B-5-301
.
(g) "Nicotine product" means the same as that term is defined in Section 
76-10-101
.
(h) "Offender" means a person in custody at a correctional facility.
(i) "Secure area" means the same as that term is defined in Section 
76-8-311.1
.
(j) "Tobacco product" means the same as that term is defined in Section 
76-10-101
.
(2) Notwithstanding Section 
76-10-500
, a correctional or mental health facility may
provide by rule that no firearm, ammunition, dangerous weapon, implement of escape,
explosive, controlled substance, spirituous or fermented liquor, medicine, or poison in any
quantity may be:
(a) transported to or upon a correctional or mental health facility;
(b) sold or given away at any correctional or mental health facility;
(c) given to or used by any offender at a correctional or mental health facility; or
(d) knowingly or intentionally possessed at a correctional or mental health facility.
(3) It is a defense to any prosecution under this section if the accused in committing the
act made criminal by this section with respect to:
(a) a correctional facility operated by the Department of Corrections, acted in
conformity with departmental rule or policy;
(b) a correctional facility operated by a municipality, acted in conformity with the
policy of the municipality;
(c) a correctional facility operated by a county, acted in conformity with the policy of
the county; or
(d) a mental health facility, acted in conformity with the policy of the mental health
facility.
(4) (a) An individual who transports to or upon a correctional facility, or into a secure
area of a mental health facility, any firearm, ammunition, dangerous weapon, or implement of
escape with intent to provide or sell it to any offender, is guilty of a second degree felony.
(b) An individual who provides or sells to any offender at a correctional facility, or any
detainee at a secure area of a mental health facility, any firearm, ammunition, dangerous
weapon, or implement of escape is guilty of a second degree felony.
(c) An offender who possesses at a correctional facility, or a detainee who possesses at
a secure area of a mental health facility, any firearm, ammunition, dangerous weapon, or
implement of escape is guilty of a second degree felony.
(d) An individual who, without the permission of the authority operating the
correctional facility or the secure area of a mental health facility, knowingly possesses at a
correctional facility or a secure area of a mental health facility any firearm, ammunition,
dangerous weapon, or implement of escape is guilty of a third degree felony.
(e) An individual violates Section 
76-10-306
 who knowingly or intentionally
transports, possesses, distributes, or sells any explosive in a correctional facility or mental
health facility.
(5) (a) An individual is guilty of a third degree felony who, without the permission of
the authority operating the correctional facility or secure area of a mental health facility,
knowingly transports to or upon a correctional facility or into a secure area of a mental health
facility any:
(i) spirituous or fermented liquor;
(ii) medicine, whether or not lawfully prescribed for the offender; or
(iii) poison in any quantity.
(b) An individual is guilty of a third degree felony who knowingly violates correctional
or mental health facility policy or rule by providing or selling to any offender at a correctional
facility or detainee within a secure area of a mental health facility any:
(i) spirituous or fermented liquor;
(ii) medicine, whether or not lawfully prescribed for the offender; or
(iii) poison in any quantity.
(c) An inmate is guilty of a third degree felony who, in violation of correctional or
mental health facility policy or rule, possesses at a correctional facility or in a secure area of a
mental health facility any:
(i) spirituous or fermented liquor;
(ii) medicine, other than medicine provided by the facility's health care providers in
compliance with facility policy; or
(iii) poison in any quantity.
(d) An individual is guilty of a class A misdemeanor who, with the intent to directly or
indirectly provide or sell any tobacco product, electronic cigarette product, or nicotine product
to an offender, directly or indirectly:
(i) transports, delivers, or distributes any tobacco product, electronic cigarette product,
or nicotine product to an offender or on the grounds of any correctional facility;
(ii) solicits, requests, commands, coerces, encourages, or intentionally aids another
person to transport any tobacco product, electronic cigarette product, or nicotine product to an
offender or on any correctional facility, if the person is acting with the mental state required for
the commission of an offense; or
(iii) facilitates, arranges, or causes the transport of any tobacco product, electronic
cigarette product, or nicotine product in violation of this section to an offender or on the
grounds of any correctional facility.
(e) An individual is guilty of a class A misdemeanor who, without the permission of
the authority operating the correctional or mental health facility, fails to declare or knowingly
possesses at a correctional facility or in a secure area of a mental health facility any:
(i) spirituous or fermented liquor;
(ii) medicine; or
(iii) poison in any quantity.
(f) (i) Except as provided in Subsection (5)(f)(ii), an individual is guilty of a class B
misdemeanor who, without the permission of the authority operating the correctional facility,
knowingly engages in any activity that would facilitate the possession of any contraband by an
offender in a correctional facility.
(ii) The provisions of Subsection (5)(d) regarding any tobacco product, electronic
cigarette product, or nicotine product take precedence over this Subsection (5)(f).
(g) Exemptions may be granted for worship for Native American inmates pursuant to
Section 
64-13-40
.
(6) The possession, distribution, or use of a controlled substance at a correctional
facility or in a secure area of a mental health facility shall be prosecuted in accordance with
Title 58, Chapter 37, Utah Controlled Substances Act.
(7) The department shall make rules under Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, to establish guidelines for providing written notice to visitors that providing
any tobacco product, electronic cigarette product, or nicotine product to offenders is a class A
misdemeanor.
Section 54. Section 
76-8-1202
 is amended to read:
76-8-1202.
Application of part.
(1) This part does not apply to offenses by providers under the state's Medicaid
program that are actionable under [
Title 26, Chapter 20, Utah False Claims Act
] 
Title 26B,
Chapter 3, Part 11, Utah False Claims Act
.
(2) (a) Section 
35A-1-503
 applies to criminal actions taken under this part.
(b) The repayment of funds or other benefits obtained in violation of the provisions of
this chapter shall not constitute a defense or grounds for dismissal of a criminal action.
Section 55. Section 
76-9-307
 is amended to read:
76-9-307.
Injury to service animals -- Penalties.
(1) As used in this section:
(a) "Disability" has the same meaning as defined in Section [
62A-5b-102
] 
26B-6-801
.
(b) "Search and rescue dog" means a dog:
(i) with documented training to locate persons who are:
(A) lost, missing, or injured; or
(B) trapped under debris as the result of a natural or man-made event; and
(ii) affiliated with an established search and rescue dog organization.
(c) "Service animal" means:
(i) a service animal as defined in Section [
62A-5b-102
] 
26B-6-801
; or
(ii) a search and rescue dog.
(2) It is a class A misdemeanor for a person to knowingly, intentionally, or recklessly
cause substantial bodily injury or death to a service animal.
(3) It is a class A misdemeanor for a person who owns, keeps, harbors, or exercises
control over an animal to knowingly, intentionally, or recklessly fail to exercise sufficient
control over the animal to prevent it from causing:
(a) any substantial bodily injury or the death of a service animal; or
(b) the service animal's subsequent inability to function as a service animal as a result
of the animal's attacking, chasing, or harassing the service animal.
(4) It is a class B misdemeanor for a person to chase or harass a service animal.
(5) It is a class B misdemeanor for a person who owns, keeps, harbors, or exercises
control over an animal to knowingly, intentionally, or recklessly fail to exercise sufficient
control over the animal to prevent it from chasing or harassing a service animal while it is
carrying out its functions as a service animal, to the extent that the animal temporarily
interferes with the service animal's ability to carry out its functions.
(6) (a) A service animal is exempt from quarantine or other animal control ordinances
if it bites any person while it is subject to an offense under Subsection (2), (3), (4), or (5).
(b) The owner of the service animal or the person with a disability whom the service
animal serves shall make the animal available for examination at any reasonable time and shall
notify the local health officer if the animal exhibits any abnormal behavior.
(7) In addition to any other penalty, a person convicted of any violation of this section
is liable for restitution to the owner of the service animal or the person with a disability whom
the service animal serves for the replacement, training, and veterinary costs incurred as a result
of the violation of this section.
(8) If the act committed under this section amounts to an offense subject to a greater
penalty under another provision of Title 76, Utah Criminal Code, than is provided under this
section, this section does not prohibit prosecution and sentencing for the more serious offense.
Section 56. Section 
76-9-704
 is amended to read:
76-9-704.
Abuse or desecration of a dead human body -- Penalties.
(1) For purposes of this section, "dead human body" includes any part of a human body
in any stage of decomposition, including ancient human remains as defined in Section 
9-8-302
.
(2) A person is guilty of abuse or desecration of a dead human body if the person
intentionally and unlawfully:
(a) fails to report the finding of a dead human body to a local law enforcement agency;
(b) disturbs, moves, removes, conceals, or destroys a dead human body or any part of
it;
(c) disinters a buried or otherwise interred dead human body, without authority of a
court order;
(d) dismembers a dead human body to any extent, or damages or detaches any part or
portion of a dead human body; or
(e) (i) commits or attempts to commit upon any dead human body any act of sexual
penetration, regardless of the sex of the actor and of the dead human body; and
(ii) as used in Subsection (2)(e)(i), "sexual penetration" means penetration, however
slight, of the genital or anal opening by any object, substance, instrument, or device, including
a part of the human body, or penetration involving the genitals of the actor and the mouth of
the dead human body.
(3) A person does not violate this section if when that person directs or carries out
procedures regarding a dead human body, that person complies with:
(a) Title 9, Chapter 8, Part 3, Antiquities;
(b) [
Title 26, Chapter 4, Utah Medical Examiner Act
] 
Title 26B, Chapter 8, Part 2,
Utah Medical Examiner
;
(c) [
Title 26, Chapter 28, Revised Uniform Anatomical Gift Act
] 
Title 26B, Chapter 8,
Part 3, Revised Uniform Anatomical Gift Act
;
(d) Title 53B, Chapter 17, Part 3, Use of Dead Bodies for Medical Purposes;
(e) Title 58, Chapter 9, Funeral Services Licensing Act; or
(f) Title 58, Chapter 67, Utah Medical Practice Act, which concerns licensing to
practice medicine.
(4) (a) Failure to report the finding of a dead human body as required under Subsection
(2)(a) is a class B misdemeanor.
(b) Abuse or desecration of a dead human body as described in Subsections (2)(b)
through (e) is a third degree felony.
Section 57. Section 
76-10-101
 is amended to read:
76-10-101.
Definitions.
As used in this part:
(1) (a) "Alternative nicotine product" means a product, other than a cigarette, a
counterfeit cigarette, an electronic cigarette product, a nontherapeutic nicotine product, or a
tobacco product, that:
(i) contains nicotine;
(ii) is intended for human consumption;
(iii) is not purchased with a prescription from a licensed physician; and
(iv) is not approved by the United States Food and Drug Administration as nicotine
replacement therapy.
(b) "Alternative nicotine product" includes:
(i) pure nicotine;
(ii) snortable nicotine;
(iii) dissolvable salts, orbs, pellets, sticks, or strips; and
(iv) nicotine-laced food and beverage.
(c) "Alternative nicotine product" does not include a fruit, a vegetable, or a tea that
contains naturally occurring nicotine.
(2) "Cigar" means a product that contains nicotine, is intended to be burned under
ordinary conditions of use, and consists of any roll of tobacco wrapped in leaf tobacco, or in
any substance containing tobacco, other than any roll of tobacco that is a cigarette.
(3) "Cigarette" means a product that contains nicotine, is intended to be heated or
burned under ordinary conditions of use, and consists of:
(a) any roll of tobacco wrapped in paper or in any substance not containing tobacco; or
(b) any roll of tobacco wrapped in any substance containing tobacco which, because of
its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to
be offered to, or purchased by, consumers as a cigarette described in Subsection (3)(a).
(4) (a) "Electronic cigarette" means:
(i) any electronic oral device:
(A) that provides an aerosol or a vapor of nicotine or other substance; and
(B) which simulates smoking through the use or inhalation of the device;
(ii) a component of the device described in Subsection (4)(a)(i); or
(iii) an accessory sold in the same package as the device described in Subsection
(4)(a)(i).
(b) "Electronic cigarette" includes an oral device that is:
(i) composed of a heating element, battery, or electronic circuit; and
(ii) marketed, manufactured, distributed, or sold as:
(A) an e-cigarette;
(B) an e-cigar;
(C) an e-pipe; or
(D) any other product name or descriptor, if the function of the product meets the
definition of Subsection (4)(a).
(c) "Electronic cigarette" does not mean a medical cannabis device, as that term is
defined in Section [
26-61a-102
] 
26B-4-201
.
(5) "Electronic cigarette product" means an electronic cigarette, an electronic cigarette
substance, or a prefilled electronic cigarette.
(6) "Electronic cigarette substance" means any substance, including liquid containing
nicotine, used or intended for use in an electronic cigarette.
(7) (a) "Flavored electronic cigarette product" means an electronic cigarette product
that has a taste or smell that is distinguishable by an ordinary consumer either before or during
use or consumption of the electronic cigarette product.
(b) "Flavored electronic cigarette product" includes an electronic cigarette product that
has a taste or smell of any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic
beverage, herb, or spice.
(c) "Flavored electronic cigarette product" does not include an electronic cigarette
product that:
(i) has a taste or smell of only tobacco, mint, or menthol; or
(ii) has been approved by an order granting a premarket tobacco product application of
the electronic cigarette product by the United States Food and Drug Administration under 21
U.S.C. Sec. 387j(c)(1)(A)(i).
(8) "Nicotine" means a poisonous, nitrogen containing chemical that is made
synthetically or derived from tobacco or other plants.
(9) "Nicotine product" means an alternative nicotine product or a nontherapeutic
nicotine product.
(10) (a) "Nontherapeutic nicotine device" means a device that:
(i) has a pressurized canister that is used to administer nicotine to the user through
inhalation or intranasally;
(ii) is not purchased with a prescription from a licensed physician; and
(iii) is not approved by the United States Food and Drug Administration as nicotine
replacement therapy.
(b) "Nontherapeutic nicotine device" includes a nontherapeutic nicotine inhaler or a
nontherapeutic nicotine nasal spray.
(11) "Nontherapeutic nicotine device substance" means a substance that:
(a) contains nicotine;
(b) is sold in a cartridge for use in a nontherapeutic nicotine device;
(c) is not purchased with a prescription from a licensed physician; and
(d) is not approved by the United States Food and Drug Administration as nicotine
replacement therapy.
(12) "Nontherapeutic nicotine product" means a nontherapeutic nicotine device, a
nontherapeutic nicotine device substance, or a prefilled nontherapeutic nicotine device.
(13) "Place of business" includes:
(a) a shop;
(b) a store;
(c) a factory;
(d) a public garage;
(e) an office;
(f) a theater;
(g) a recreation hall;
(h) a dance hall;
(i) a poolroom;
(j) a cafe;
(k) a cafeteria;
(l) a cabaret;
(m) a restaurant;
(n) a hotel;
(o) a lodging house;
(p) a streetcar;
(q) a bus;
(r) an interurban or railway passenger coach;
(s) a waiting room; and
(t) any other place of business.
(14) "Prefilled electronic cigarette" means an electronic cigarette that is sold prefilled
with an electronic cigarette substance.
(15) "Prefilled nontherapeutic nicotine device" means a nontherapeutic nicotine device
that is sold prefilled with a nontherapeutic nicotine device substance.
(16) "Retail tobacco specialty business" means the same as that term is defined in
Section [
26-62-102
] 
26B-7-501
.
(17) "Smoking" means the possession of any lighted cigar, cigarette, pipe, or other
lighted smoking equipment.
(18) (a) "Tobacco paraphernalia" means equipment, product, or material of any kind
that is used, intended for use, or designed for use to package, repackage, store, contain,
conceal, ingest, inhale, or otherwise introduce a tobacco product, an electronic cigarette
substance, or a nontherapeutic nicotine device substance into the human body.
(b) "Tobacco paraphernalia" includes:
(i) metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without
screens, permanent screens, hashish heads, or punctured metal bowls;
(ii) water pipes;
(iii) carburetion tubes and devices;
(iv) smoking and carburetion masks;
(v) roach clips, meaning objects used to hold burning material, such as a cigarette, that
has become too small or too short to be held in the hand;
(vi) chamber pipes;
(vii) carburetor pipes;
(viii) electric pipes;
(ix) air-driven pipes;
(x) chillums;
(xi) bongs; and
(xii) ice pipes or chillers.
(c) "Tobacco paraphernalia" does not include matches or lighters.
(19) "Tobacco product" means:
(a) a cigar;
(b) a cigarette; or
(c) tobacco in any form, including:
(i) chewing tobacco; and
(ii) any substitute for tobacco, including flavoring or additives to tobacco.
(20) "Tobacco retailer" means:
(a) a general tobacco retailer, as that term is defined in Section [
26-62-102
] 
26B-7-501
;
or
(b) a retail tobacco specialty business.
Section 58. Section 
76-10-526
 is amended to read:
76-10-526.
Criminal background check prior to purchase of a firearm -- Fee --
Exemption for concealed firearm permit holders and law enforcement officers.
(1) For purposes of this section, "valid permit to carry a concealed firearm" does not
include a temporary permit issued under Section 
53-5-705
.
(2) (a) To establish personal identification and residence in this state for purposes of
this part, a dealer shall require an individual receiving a firearm to present one photo
identification on a form issued by a governmental agency of the state.
(b) A dealer may not accept a driving privilege card issued under Section 
53-3-207
 as
proof of identification for the purpose of establishing personal identification and residence in
this state as required under this Subsection (2).
(3) (a) A criminal history background check is required for the sale of a firearm by a
licensed firearm dealer in the state.
(b) Subsection (3)(a) does not apply to the sale of a firearm to a Federal Firearms
Licensee.
(4) (a) An individual purchasing a firearm from a dealer shall consent in writing to a
criminal background check, on a form provided by the bureau.
(b) The form shall contain the following information:
(i) the dealer identification number;
(ii) the name and address of the individual receiving the firearm;
(iii) the date of birth, height, weight, eye color, and hair color of the individual
receiving the firearm; and
(iv) the social security number or any other identification number of the individual
receiving the firearm.
(5) (a) The dealer shall send the information required by Subsection (4) to the bureau
immediately upon its receipt by the dealer.
(b) A dealer may not sell or transfer a firearm to an individual until the dealer has
provided the bureau with the information in Subsection (4) and has received approval from the
bureau under Subsection (7).
(6) The dealer shall make a request for criminal history background information by
telephone or other electronic means to the bureau and shall receive approval or denial of the
inquiry by telephone or other electronic means.
(7) When the dealer calls for or requests a criminal history background check, the
bureau shall:
(a) review the criminal history files, including juvenile court records, and the
temporary restricted file created under Section 
53-5c-301
, to determine if the individual is
prohibited from purchasing, possessing, or transferring a firearm by state or federal law;
(b) inform the dealer that:
(i) the records indicate the individual is prohibited; or
(ii) the individual is approved for purchasing, possessing, or transferring a firearm;
(c) provide the dealer with a unique transaction number for that inquiry; and
(d) provide a response to the requesting dealer during the call for a criminal
background check, or by return call, or other electronic means, without delay, except in case of
electronic failure or other circumstances beyond the control of the bureau, the bureau shall
advise the dealer of the reason for the delay and give the dealer an estimate of the length of the
delay.
(8) (a) The bureau may not maintain any records of the criminal history background
check longer than 20 days from the date of the dealer's request, if the bureau determines that
the individual receiving the firearm is not prohibited from purchasing, possessing, or
transferring the firearm under state or federal law.
(b) However, the bureau shall maintain a log of requests containing the dealer's federal
firearms number, the transaction number, and the transaction date for a period of 12 months.
(9) (a) If the criminal history background check discloses information indicating that
the individual attempting to purchase the firearm is prohibited from purchasing, possessing, or
transferring a firearm, the bureau shall inform the law enforcement agency in the jurisdiction
where the individual resides.
(b) Subsection (9)(a) does not apply to an individual prohibited from purchasing a
firearm solely due to placement on the temporary restricted list under Section 
53-5c-301
.
(c) A law enforcement agency that receives information from the bureau under
Subsection (9)(a) shall provide a report before August 1 of each year to the bureau that
includes:
(i) based on the information the bureau provides to the law enforcement agency under
Subsection (9)(a), the number of cases that involve an individual who is prohibited from
purchasing, possessing, or transferring a firearm as a result of a conviction for an offense
involving domestic violence; and
(ii) of the cases described in Subsection (9)(c)(i):
(A) the number of cases the law enforcement agency investigates; and
(B) the number of cases the law enforcement agency investigates that result in a
criminal charge.
(d) The bureau shall:
(i) compile the information from the reports described in Subsection (9)(c);
(ii) omit or redact any identifying information in the compilation; and
(iii) submit the compilation to the Law Enforcement and Criminal Justice Interim
Committee before November 1 of each year.
(10) If an individual is denied the right to purchase a firearm under this section, the
individual may review the individual's criminal history information and may challenge or
amend the information as provided in Section 
53-10-108
.
(11) The bureau shall make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to ensure the identity, confidentiality, and security of all
records provided by the bureau under this part are in conformance with the requirements of the
Brady Handgun Violence Prevention Act, Pub. L. No. 103-159, 107 Stat. 1536 (1993).
(12) (a) A dealer shall collect a criminal history background check fee for the sale of a
firearm under this section.
(b) The fee described under Subsection (12)(a) remains in effect until changed by the
bureau through the process described in Section 
63J-1-504
.
(c) (i) The dealer shall forward at one time all fees collected for criminal history
background checks performed during the month to the bureau by the last day of the month
following the sale of a firearm.
(ii) The bureau shall deposit the fees in the General Fund as dedicated credits to cover
the cost of administering and conducting the criminal history background check program.
(13) An individual with a concealed firearm permit issued under Title 53, Chapter 5,
Part 7, Concealed Firearm Act, is exempt from the background check and corresponding fee
required in this section for the purchase of a firearm if:
(a) the individual presents the individual's concealed firearm permit to the dealer prior
to purchase of the firearm; and
(b) the dealer verifies with the bureau that the individual's concealed firearm permit is
valid.
(14) (a) A law enforcement officer, as defined in Section 
53-13-103
, is exempt from
the background check fee required in this section for the purchase of a personal firearm to be
carried while off-duty if the law enforcement officer verifies current employment by providing
a letter of good standing from the officer's commanding officer and current law enforcement
photo identification.
(b) Subsection (14)(a) may only be used by a law enforcement officer to purchase a
personal firearm once in a 24-month period.
(15) A dealer engaged in the business of selling, leasing, or otherwise transferring any
firearm shall:
(a) make the firearm safety brochure described in Subsection [
62A-15-103
(3)
]
26B-5-102
(3)
 available to a customer free of charge; and
(b) at the time of purchase, distribute a cable-style gun lock provided to the dealer
under Subsection [
62A-15-103
(3)
] 
26B-5-102
(3)
 to a customer purchasing a shotgun, short
barreled shotgun, short barreled rifle, rifle, or another firearm that federal law does not require
be accompanied by a gun lock at the time of purchase.
Section 59. Section 
76-10-528
 is amended to read:
76-10-528.
Carrying a dangerous weapon while under influence of alcohol or
drugs unlawful.
(1) It is a class B misdemeanor for an actor to carry a dangerous weapon while under
the influence of:
(a) alcohol as determined by the actor's blood or breath alcohol concentration in
accordance with Subsections 
41-6a-502
(1)(a) through (c); or
(b) a controlled substance as defined in Section 
58-37-2
.
(2) This section does not apply to:
(a) an actor carrying a dangerous weapon that is either securely encased, as defined in
this part, or not within such close proximity and in such a manner that it can be retrieved and
used as readily as if carried on the person;
(b) an actor who uses or threatens to use force in compliance with Section 
76-2-402
;
(c) an actor carrying a dangerous weapon in the actor's residence or the residence of
another with the consent of the individual who is lawfully in possession;
(d) an actor under the influence of cannabis or a cannabis product, as those terms are
defined in Section [
26-61a-102
] 
26B-4-201
, if the actor's use of the cannabis or cannabis
product complies with [
Title 26, Chapter 61a, Utah Medical Cannabis Act
] 
Title 26B, Chapter
4, Part 2, Cannabinoid Research and Medical Cannabis
; or
(e) an actor who:
(i) has a valid prescription for a medication approved by the federal Food and Drug
Administration for the treatment of attention deficit disorder or attention deficit hyperactivity
disorder; and
(ii) takes the medication described in Subsection (2)(e)(i) as prescribed.
(3) It is not a defense to prosecution under this section that the actor:
(a) is licensed in the pursuit of wildlife of any kind; or
(b) has a valid permit to carry a concealed firearm.
Section 60. Section 
76-10-1311
 is amended to read:
76-10-1311.
Mandatory testing -- Retention of offender medical file -- Civil
liability.
(1) A person who has entered a plea of guilty, a plea of no contest, a plea of guilty and
mentally ill, or been found guilty for violation of Section 
76-10-1302
, 
76-10-1303
, or
76-10-1313
 shall be required to submit to a mandatory test to determine if the offender is an
HIV positive individual. The mandatory test shall be required and conducted prior to
sentencing.
(2) If the mandatory test has not been conducted prior to sentencing, and the convicted
offender is already confined in a county jail or state prison, such person shall be tested while in
confinement.
(3) The local law enforcement agency shall cause the blood specimen of the offender as
defined in Subsection (1) confined in county jail to be taken and tested.
(4) The Department of Corrections shall cause the blood specimen of the offender
defined in Subsection (1) confined in any state prison to be taken and tested.
(5) The local law enforcement agency shall collect and retain in the offender's medical
file the following data:
(a) the HIV infection test results;
(b) a copy of the written notice as provided in Section 
76-10-1312
;
(c) photographic identification; and
(d) fingerprint identification.
(6) The local law enforcement agency shall classify the medical file as a private record
pursuant to Subsection 
63G-2-302
(1)(b) or a controlled record pursuant to Section 
63G-2-304
.
(7) The person tested shall be responsible for the costs of testing, unless the person is
indigent. The costs will then be paid by the local law enforcement agency or the Department of
Corrections from the General Fund.
(8) (a) The laboratory performing testing shall report test results to only designated
officials in the Department of Corrections, the Department of [
Health
] 
Health and Human
Services
, and the local law enforcement agency submitting the blood specimen.
(b) Each department or agency shall designate those officials by written policy.
(c) Designated officials may release information identifying an offender under Section
76-10-1302
, 
76-10-1303
, or 
76-10-1313
 who has tested HIV positive as provided under
Subsection 
63G-2-202
(1) and for purposes of prosecution pursuant to Section 
76-10-1309
.
(9) (a) An employee of the local law enforcement agency, the Department of
Corrections, or the Department of [
Health
] 
Health and Human Services
 who discloses the HIV
test results under this section is not civilly liable except when disclosure constitutes fraud or
willful misconduct as provided in Section 
63G-7-202
.
(b) An employee of the local law enforcement agency, the Department of Corrections,
or the Department of [
Health
] 
Health and Human Services
 who discloses the HIV test results
under this section is not civilly or criminally liable, except when disclosure constitutes a
knowing violation of Section 
63G-2-801
.
(10) When the medical file is released as provided in Section 
63G-2-803
, the local law
enforcement agency, the Department of Corrections, or the Department of [
Health
] 
Health and
Human Services
 or its officers or employees are not liable for damages for release of the
medical file.
Section 61. Section 
76-10-1312
 is amended to read:
76-10-1312.
Notice to offender of HIV positive test results.
(1) A person convicted under Section 
76-10-1302
, 
76-10-1303
, or 
76-10-1313
 who has
tested positive for the HIV infection shall be notified of the test results in person by:
(a) the local law enforcement agency;
(b) the Department of Corrections, for offenders confined in any state prison;
(c) the state Department of [
Health
] 
Health and Human Services
; or
(d) an authorized representative of any of the agencies listed in this Subsection (1).
(2) The notice under Subsection (1) shall contain the signature of the HIV positive
person, indicating the person's receipt of the notice, the name and signature of the person
providing the notice, and:
(a) the date of the test;
(b) the positive test results;
(c) the name of the HIV positive individual; and
(d) the following language:
"A person who has been convicted of prostitution under Section 
76-10-1302
,
patronizing a prostitute under Section 
76-10-1303
, or sexual solicitation under Section
76-10-1313
 after being tested and diagnosed as an HIV positive individual and either had
actual knowledge that the person is an HIV positive individual or the person has previously
been convicted of any of the criminal offenses listed above is guilty of a third degree felony
under Section 
76-10-1309
."
(3) Failure to provide this notice, or to provide the notice in the manner or form
prescribed under this section, does not create any civil liability and does not create a defense to
any prosecution under this part.
(4) Upon conviction under Section 
76-10-1309
, and as a condition of probation, the
offender shall receive treatment and counseling for HIV infection and drug abuse as provided
in [
Title 62A, Chapter 15, Substance Abuse and Mental Health Act
] 
Title 26B, Chapter 5,
Health Care -- Substance Use and Mental Health
.
Section 62. Section 
76-10-1602
 is amended to read:
76-10-1602.
Definitions.
As used in this part:
(1) "Enterprise" means any individual, sole proprietorship, partnership, corporation,
business trust, association, or other legal entity, and any union or group of individuals
associated in fact although not a legal entity, and includes illicit as well as licit entities.
(2) "Pattern of unlawful activity" means engaging in conduct which constitutes the
commission of at least three episodes of unlawful activity, which episodes are not isolated, but
have the same or similar purposes, results, participants, victims, or methods of commission, or
otherwise are interrelated by distinguishing characteristics. Taken together, the episodes shall
demonstrate continuing unlawful conduct and be related either to each other or to the
enterprise. At least one of the episodes comprising a pattern of unlawful activity shall have
occurred after July 31, 1981. The most recent act constituting part of a pattern of unlawful
activity as defined by this part shall have occurred within five years of the commission of the
next preceding act alleged as part of the pattern.
(3) "Person" includes any individual or entity capable of holding a legal or beneficial
interest in property, including state, county, and local governmental entities.
(4) "Unlawful activity" means to directly engage in conduct or to solicit, request,
command, encourage, or intentionally aid another person to engage in conduct which would
constitute any offense described by the following crimes or categories of crimes, or to attempt
or conspire to engage in an act which would constitute any of those offenses, regardless of
whether the act is in fact charged or indicted by any authority or is classified as a misdemeanor
or a felony:
(a) any act prohibited by the criminal provisions of Title 13, Chapter 10, Unauthorized
Recording Practices Act;
(b) any act prohibited by the criminal provisions of Title 19, Environmental Quality
Code, Sections 
19-1-101
 through 
19-7-109
;
(c) taking, destroying, or possessing wildlife or parts of wildlife for the primary
purpose of sale, trade, or other pecuniary gain, in violation of Title 23, Wildlife Resources
Code of Utah, or Section 
23-20-4
;
(d) false claims for medical benefits, kickbacks, and any other act prohibited by [
Title
26, Chapter 20, Utah False Claims Act, Sections 
26-20-1
 through 
26-20-12
] 
Title 26B, Chapter
3, Part 11, Utah False Claims Act, Sections 
26B-3-1101
 through 
26B-3-1112
;
(e) any act prohibited by the criminal provisions of Title 32B, Chapter 4, Criminal
Offenses and Procedure Act;
(f) any act prohibited by the criminal provisions of Title 57, Chapter 11, Utah Uniform
Land Sales Practices Act;
(g) any act prohibited by the criminal provisions of Title 58, Chapter 37, Utah
Controlled Substances Act, or Title 58, Chapter 37b, Imitation Controlled Substances Act,
Title 58, Chapter 37c, Utah Controlled Substance Precursor Act, or Title 58, Chapter 37d,
Clandestine Drug Lab Act;
(h) any act prohibited by the criminal provisions of Title 61, Chapter 1, Utah Uniform
Securities Act;
(i) any act prohibited by the criminal provisions of Title 63G, Chapter 6a, Utah
Procurement Code;
(j) assault or aggravated assault, Sections 
76-5-102
 and 
76-5-103
;
(k) a threat of terrorism, Section 
76-5-107.3
;
(l) a criminal homicide offense, as described in Section 
76-5-201
;
(m) kidnapping or aggravated kidnapping, Sections 
76-5-301
 and 
76-5-302
;
(n) human trafficking, human trafficking of a child, human smuggling, or aggravated
human trafficking, Sections 
76-5-308
, 
76-5-308.1
, 
76-5-308.3
, 
76-5-308.5
, 
76-5-309
, and
76-5-310
;
(o) sexual exploitation of a minor or aggravated sexual exploitation of a minor,
Sections 
76-5b-201
 and 
76-5b-201.1
;
(p) arson or aggravated arson, Sections 
76-6-102
 and 
76-6-103
;
(q) causing a catastrophe, Section 
76-6-105
;
(r) burglary or aggravated burglary, Sections 
76-6-202
 and 
76-6-203
;
(s) burglary of a vehicle, Section 
76-6-204
;
(t) manufacture or possession of an instrument for burglary or theft, Section 
76-6-205
;
(u) robbery or aggravated robbery, Sections 
76-6-301
 and 
76-6-302
;
(v) theft, Section 
76-6-404
;
(w) theft by deception, Section 
76-6-405
;
(x) theft by extortion, Section 
76-6-406
;
(y) receiving stolen property, Section 
76-6-408
;
(z) theft of services, Section 
76-6-409
;
(aa) forgery, Section 
76-6-501
;
(bb) fraudulent use of a credit card, Sections 
76-6-506.2
, 
76-6-506.3
, 
76-6-506.5
, and
76-6-506.6
;
(cc) deceptive business practices, Section 
76-6-507
;
(dd) bribery or receiving bribe by person in the business of selection, appraisal, or
criticism of goods, Section 
76-6-508
;
(ee) bribery of a labor official, Section 
76-6-509
;
(ff) defrauding creditors, Section 
76-6-511
;
(gg) acceptance of deposit by insolvent financial institution, Section 
76-6-512
;
(hh) unlawful dealing with property by fiduciary, Section 
76-6-513
;
(ii) bribery or threat to influence contest, Section 
76-6-514
;
(jj) making a false credit report, Section 
76-6-517
;
(kk) criminal simulation, Section 
76-6-518
;
(ll) criminal usury, Section 
76-6-520
;
(mm) fraudulent insurance act, Section 
76-6-521
;
(nn) retail theft, Section 
76-6-602
;
(oo) computer crimes, Section 
76-6-703
;
(pp) identity fraud, Section 
76-6-1102
;
(qq) mortgage fraud, Section 
76-6-1203
;
(rr) sale of a child, Section 
76-7-203
;
(ss) bribery to influence official or political actions, Section 
76-8-103
;
(tt) threats to influence official or political action, Section 
76-8-104
;
(uu) receiving bribe or bribery by public servant, Section 
76-8-105
;
(vv) receiving bribe or bribery for endorsement of person as public servant, Section
76-8-106
;
(ww) official misconduct, Sections 
76-8-201
 and 
76-8-202
;
(xx) obstruction of justice, Section 
76-8-306
;
(yy) acceptance of bribe or bribery to prevent criminal prosecution, Section 
76-8-308
;
(zz) false or inconsistent material statements, Section 
76-8-502
;
(aaa) false or inconsistent statements, Section 
76-8-503
;
(bbb) written false statements, Section 
76-8-504
;
(ccc) tampering with a witness or soliciting or receiving a bribe, Section 
76-8-508
;
(ddd) retaliation against a witness, victim, or informant, Section 
76-8-508.3
;
(eee) extortion or bribery to dismiss criminal proceeding, Section 
76-8-509
;
(fff) tampering with evidence, Section 
76-8-510.5
;
(ggg) falsification or alteration of government record, Section 
76-8-511
, if the record is
a record described in Title 20A, Election Code, Title 36, Chapter 11, Lobbyist Disclosure and
Regulation Act, or Title 36, Chapter 11a, Local Government and Board of Education Lobbyist
Disclosure and Regulation Act;
(hhh) public assistance fraud in violation of Section 
76-8-1203
, 
76-8-1204
, or
76-8-1205
;
(iii) unemployment insurance fraud, Section 
76-8-1301
;
(jjj) intentionally or knowingly causing one animal to fight with another, Subsection
76-9-301
(2)(d) or (e), or Section 
76-9-301.1
;
(kkk) possession, use, or removal of explosives, chemical, or incendiary devices or
parts, Section 
76-10-306
;
(lll) delivery to common carrier, mailing, or placement on premises of an incendiary
device, Section 
76-10-307
;
(mmm) possession of a deadly weapon with intent to assault, Section 
76-10-507
;
(nnn) unlawful marking of pistol or revolver, Section 
76-10-521
;
(ooo) alteration of number or mark on pistol or revolver, Section 
76-10-522
;
(ppp) forging or counterfeiting trademarks, trade name, or trade device, Section
76-10-1002
;
(qqq) selling goods under counterfeited trademark, trade name, or trade devices,
Section 
76-10-1003
;
(rrr) sales in containers bearing registered trademark of substituted articles, Section
76-10-1004
;
(sss) selling or dealing with article bearing registered trademark or service mark with
intent to defraud, Section 
76-10-1006
;
(ttt) gambling, Section 
76-10-1102
;
(uuu) gambling fraud, Section 
76-10-1103
;
(vvv) gambling promotion, Section 
76-10-1104
;
(www) possessing a gambling device or record, Section 
76-10-1105
;
(xxx) confidence game, Section 
76-10-1109
;
(yyy) distributing pornographic material, Section 
76-10-1204
;
(zzz) inducing acceptance of pornographic material, Section 
76-10-1205
;
(aaaa) dealing in harmful material to a minor, Section 
76-10-1206
;
(bbbb) distribution of pornographic films, Section 
76-10-1222
;
(cccc) indecent public displays, Section 
76-10-1228
;
(dddd) prostitution, Section 
76-10-1302
;
(eeee) aiding prostitution, Section 
76-10-1304
;
(ffff) exploiting prostitution, Section 
76-10-1305
;
(gggg) aggravated exploitation of prostitution, Section 
76-10-1306
;
(hhhh) communications fraud, Section 
76-10-1801
;
(iiii) any act prohibited by the criminal provisions of Part 19, Money Laundering and
Currency Transaction Reporting Act;
(jjjj) vehicle compartment for contraband, Section 
76-10-2801
;
(kkkk) any act prohibited by the criminal provisions of the laws governing taxation in
this state; and
(llll) any act illegal under the laws of the United States and enumerated in 18 U.S.C.
Sec. 1961(1)(B), (C), and (D).
Section 63. Section 
76-10-2204
 is amended to read:
76-10-2204.
Duty to report drug diversion.
(1) As used in this section:
(a) "Diversion" means a practitioner's transfer of a significant amount of drugs to
another for an unlawful purpose.
(b) "Drug" means a Schedule II or Schedule III controlled substance, as defined in
Section 
58-37-4
, that is an opiate.
(c) "HIPAA" means the same as that term is defined in Section [
26-18-17
] 
26B-3-126
.
(d) "Opiate" means the same as that term is defined in Section 
58-37-2
.
(e) "Practitioner" means an individual:
(i) licensed, registered, or otherwise authorized by the appropriate jurisdiction to
administer, dispense, distribute, or prescribe a drug in the course of professional practice; or
(ii) employed by a person who is licensed, registered, or otherwise authorized by the
appropriate jurisdiction to administer, dispense, distribute, or prescribe a drug in the course of
professional practice or standard operations.
(f) "Significant amount" means an aggregate amount equal to, or more than, 500
morphine milligram equivalents calculated in accordance with guidelines developed by the
Centers for Disease Control and Prevention (CDC).
(2) An individual is guilty of a class B misdemeanor if the individual:
(a) knows that a practitioner is involved in diversion; and
(b) knowingly fails to report the diversion to a peace officer or law enforcement
agency.
(3) Subsection (2) does not apply to the extent that an individual is prohibited from
reporting by 42 C.F.R. Part 2 or HIPAA.
Section 64. Section 
76-10-3105
 is amended to read:
76-10-3105.
Exempt activities.
(1) This act may not be construed to prohibit:
(a) the activities of any public utility to the extent that those activities are subject to
regulation by the public service commission, the state or federal department of transportation,
the federal energy regulatory commission, the federal communications commission, the
interstate commerce commission, or successor agencies;
(b) the activities of any insurer, insurance producer, independent insurance adjuster, or
rating organization including, but not limited to, making or participating in joint underwriting
or reinsurance arrangements, to the extent that those activities are subject to regulation by the
commissioner of insurance;
(c) the activities of securities dealers, issuers, or agents, to the extent that those
activities are subject to regulation under the laws of either this state or the United States;
(d) the activities of any state or national banking institution, to the extent that the
activities are regulated or supervised by state government officers or agencies under the
banking laws of this state or by federal government officers or agencies under the banking laws
of the United States;
(e) the activities of any state or federal savings and loan association to the extent that
those activities are regulated or supervised by state government officers or agencies under the
banking laws of this state or federal government officers or agencies under the banking laws of
the United States;
(f) the activities of a political subdivision to the extent authorized or directed by state
law, consistent with the state action doctrine of federal antitrust law; or
(g) the activities of an emergency medical service provider licensed under [
Title 26,
Chapter 8a, Utah Emergency Medical Services System Act
] 
Title 26B, Chapter 4, Part 1, Utah
Emergency Medical Services System
, to the extent that those activities are regulated by state
government officers or agencies under that act.
(2) (a) The labor of a human being is not a commodity or article of commerce.
(b) Nothing contained in the antitrust laws shall be construed to forbid the existence
and operation of labor, agricultural, or horticultural organizations, instituted for the purpose of
mutual help and not having capital stock or conducted for profit, or to forbid or restrain
individual members of these organizations from lawfully carrying out their legitimate objects;
nor may these organizations or membership in them be held to be illegal combinations or
conspiracies in restraint of trade under the antitrust laws.
(3) (a) As used in this section, an entity is also a municipality if the entity was formed
under Title 11, Chapter 13, Interlocal Cooperation Act, prior to January 1, 1981, and the entity
is:
(i) a project entity as defined in Section 
11-13-103
;
(ii) an electric interlocal entity as defined in Section 
11-13-103
; or
(iii) an energy services interlocal entity as defined in Section 
11-13-103
.
(b) The activities of the entities under Subsection (3)(a) are authorized or directed by
state law.
Section 65. Section 
77-15-6
 is amended to read:
77-15-6.
Commitment on finding of incompetency to stand trial -- Subsequent
hearings -- Notice to prosecuting attorneys.
(1) (a) Except as provided in Subsection (5), if after a hearing a court finds a defendant
to be incompetent to proceed, the court shall order the defendant committed to the department
for restoration treatment.
(b) The court may recommend but may not order placement of the defendant. The
court may, however, order that the defendant be placed in a secure setting rather than a
nonsecure setting. Following restoration screening, the department's designee shall designate
and inform the court of the specific placement and restoration treatment program for the
defendant.
(c) Restoration treatment shall be of sufficient scope and duration to:
(i) restore the individual to competency; or
(ii) determine whether the individual can be restored to competency in the foreseeable
future.
(d) A defendant whom a court determines is incompetent to proceed may not be held
for restoration treatment longer than:
(i) the time reasonably necessary to determine whether there is a substantial probability
that the defendant will become competent to stand trial in the foreseeable future, or that the
defendant cannot become competent to stand trial in the foreseeable future; and
(ii) the maximum period of incarceration that the defendant could receive if the
defendant were convicted of the most severe offense of the offenses charged.
(2) (a) A defendant who is receiving restoration treatment shall receive a progress
toward competency evaluation, by:
(i) a forensic evaluator, designated by the department; and
(ii) an additional forensic evaluator, if requested by a party and paid for by the
requesting party.
(b) A forensic evaluator shall complete a progress toward competency evaluation and
submit a report within 90 days after the day on which the forensic evaluator receives the
commitment order. If the forensic evaluator is unable to complete the report within 90 days, the
forensic evaluator shall provide to the court and counsel a summary progress statement that
informs the court that additional time is necessary to complete the report, in which case the
examiner shall have up to an additional 45 days to provide the full report.
(c) The report shall:
(i) assess whether the defendant is exhibiting false or exaggerated physical or
psychological symptoms;
(ii) describe any diagnostic instruments, methods, and observations used by the
examiner to make the determination;
(iii) state the forensic evaluator's opinion as to the effect of any false or exaggerated
symptoms on the defendant's competency to stand trial;
(iv) assess the facility's or program's capacity to provide appropriate restoration
treatment for the defendant;
(v) assess the nature of restoration treatment provided to the defendant;
(vi) assess what progress the defendant has made toward competency restoration, with
respect to the factors identified by the court in its initial order;
(vii) describe the defendant's current level of intellectual or developmental disability
and need for treatment, if any; and
(viii) assess the likelihood of restoration to competency, the amount of time estimated
to achieve competency, or the amount of time estimated to determine whether restoration to
competency may be achieved.
(3) The court on its own motion or upon motion by either party or the department may
appoint an additional forensic evaluator to conduct a progress toward competency evaluation. If
the court appoints an additional forensic evaluator upon motion of a party, that party shall pay
the costs of the additional forensic evaluator.
(4) Within 15 days after the day on which the court receives the forensic evaluator's
report of the progress toward competency evaluation, the court shall hold a hearing to review
the defendant's competency. At the hearing, the burden of proving that the defendant is
competent to stand trial is on the proponent of competency. Following the hearing, the court
shall determine by a preponderance of evidence whether the defendant is:
(a) competent to stand trial;
(b) incompetent to proceed, with a substantial probability that the defendant may
become competent in the foreseeable future; or
(c) incompetent to proceed, without a substantial probability that the defendant may
become competent in the foreseeable future.
(5) (a) If the court determines that the defendant is competent to stand trial, the court
shall:
(i) proceed with the trial or other procedures as may be necessary to adjudicate the
charges; and
(ii) order that the defendant be returned to the placement and status that the defendant
was in at the time when the petition for the adjudication of competency was filed, unless the
court determines that a different placement is more appropriate.
(b) If the court determines that the defendant is not competent to proceed but that there
is a substantial probability that the defendant may become competent in the foreseeable future,
the court may order that the defendant remain committed to the department or the department's
designee for the purpose of restoration treatment.
(c) If the court determines that the defendant is incompetent to proceed and that there is
not a substantial probability that the defendant may become competent in the foreseeable
future, the court shall order the defendant released from commitment to the department, unless
the prosecutor informs the court that commitment proceedings pursuant to [
Title 62A, Chapter
5, Services for People with Disabilities, or Title 62A, Chapter 15, Substance Abuse and Mental
Health Act
] 
Title 26B, Chapter 5, Health Care -- Substance Use and Mental Health, or Title
26B, Chapter 6, Part 4, Division of Services for People with Disabilities
, will be initiated. 
These commitment proceedings must be initiated within seven days after the day on which the
court makes the determination described in Subsection (4)(c), unless the court finds that there
is good cause to delay the initiation of the civil commitment proceedings. The court may order
the defendant to remain in the commitment of the department until the civil commitment
proceedings conclude. If the defendant is civilly committed, the department shall notify the
court that adjudicated the defendant incompetent to proceed at least 10 days before any release
of the committed individual.
(6) If a court, under Subsection (5)(b), extends a defendant's commitment, the court
shall schedule a competency review hearing for the earlier of:
(a) the department's best estimate of when the defendant may be restored to
competency; or
(b) three months after the day on which the court determined under Subsection (5)(b)
to extend the defendant's commitment.
(7) If a defendant is not competent to proceed by the day of the competency review
hearing that follows the extension of a defendant's commitment, a court shall:
(a) except for a defendant charged with crimes listed in Subsection (8), order a
defendant:
(i) released; or
(ii) temporarily detained pending civil commitment proceedings under the same terms
as described in Subsection (5)(c); and
(b) terminate the defendant's commitment to the department for restoration treatment.
(8) If the defendant has been charged with aggravated murder, murder, attempted
murder, manslaughter, or a first degree felony and the court determines that the defendant is
making reasonable progress towards restoration of competency at the time of the hearing held
pursuant to Subsection (6), the court may extend the commitment for a period not to exceed 9
months for the purpose of restoration treatment, with a mandatory review hearing at the end of
the 9-month period.
(9) If at the 9-month review hearing described in Subsection (8), the court determines
that the defendant is not competent to proceed, the court shall:
(a) order the defendant, except for a defendant charged with aggravated murder or
murder, to be:
(i) released; or
(ii) temporarily detained pending civil commitment proceedings under the same terms
as provided in Subsection (5)(c); and
(b) terminate the defendant's commitment to the department for restoration treatment.
(10) If the defendant has been charged with aggravated murder or murder and the court
determines that the defendant is making reasonable progress towards restoration of competency
at the time of the 9-month review hearing described in Subsection (8), the court may extend the
commitment for a period not to exceed 24 months for the purpose of restoration treatment.
(11) If the court extends the defendant's commitment term under Subsection (10), the
court shall hold a hearing no less frequently than at 12-month intervals following the extension
for the purpose of determining the defendant's competency status.
(12) If, at the end of the 24-month commitment period described in Subsection (10),
the court determines that the defendant is not competent to proceed, the court shall:
(a) order the defendant to be:
(i) released; or
(ii) temporarily detained pending civil commitment proceedings under the same terms
as provided in Subsection (5)(c); and
(b) terminate the defendant's commitment to the department for restoration treatment.
(13) Neither release from a pretrial incompetency commitment under the provisions of
this section nor civil commitment requires dismissal of criminal charges. The court may retain
jurisdiction over the criminal case and may order periodic reviews.
(14) A defendant who is civilly committed pursuant to [
Title 62A, Chapter 5, Services
for People with Disabilities, or Title 62A, Chapter 15, Substance Abuse and Mental Health
Act
] 
Title 26B, Chapter 5, Health Care -- Substance Use and Mental Health, or Title 26B,
Chapter 6, Part 4, Division of Services for People with Disabilities
, may still be adjudicated
competent to stand trial under this chapter.
(15) (a) The remedy for a violation of the time periods specified in this section, other
than those specified in Subsection (5)(c), (7), (9), or (12), shall be a motion to compel the
hearing, or mandamus, but not release from detention or dismissal of the criminal charges.
(b) The remedy for a violation of the time periods specified in Subsection (5)(c), (7),
(9), or (12), or is not dismissal of the criminal charges.
(16) In cases in which the treatment of the defendant is precluded by court order for a
period of time, that time period may not be considered in computing time limitations under this
section.
(17) (a) At any time that the defendant becomes competent to stand trial, the clinical
director of the hospital, the department, or the department's designee shall certify that fact to
the court.
(b) The court shall conduct a competency review hearing:
(i) within 15 working days after the day on which the court receives the certification
described in Subsection (17)(a); or
(ii) within 30 working days after the day on which the court receives the certification
described in Subsection (17)(a), if the court determines that more than 15 days are necessary
for good cause related to the defendant's competency.
(18) The court may order a hearing or rehearing at any time on its own motion or upon
recommendations of the clinical director of the hospital or other facility or the department.
(19) Notice of a hearing on competency to stand trial shall be given to the prosecuting
attorney. If the hearing is held in the county where the defendant is confined, notice shall also
be given to the prosecuting attorney for that county.
Section 66. Section 
77-15a-104
 is amended to read:
77-15a-104.
Hearing -- Notice -- Stay of proceeding -- Examinations of defendant
-- Scope of examination -- Report -- Procedures.
(1) (a) If a defendant proposes to offer evidence concerning or argue that he qualifies
for an exemption from the death penalty under Subsection 
77-15a-101
(1) or (2), the defendant
shall file and serve the prosecuting attorney with written notice of his intention as soon as
practicable, but not fewer than 60 days before trial.
(b) If the defendant wishes to claim the exemption provided in Subsection
77-15a-101
(2), the defendant shall file and serve the prosecuting attorney with written notice of
his intention as soon as practicable, but not fewer than 60 days before trial.
(2) When notice is given under Subsection (1), the court raises the issue, or a motion is
filed regarding Section 
77-15a-101
, the court may stay all proceedings in order to address the
issue.
(3) (a) The court shall order the Department of [
Human Services
] 
Health and Human
Services
 to appoint at least two mental health experts to examine the defendant and report to
the court. The experts:
(i) may not be involved in the current treatment of the defendant; and
(ii) shall have expertise in intellectual disability assessment.
(b) Upon appointment of the experts, the defendant or other party as directed by the
court shall provide information and materials to the examiners relevant to a determination of
the defendant's intellectual disability, including copies of the charging document, arrest or
incident reports pertaining to the charged offense, known criminal history information, and
known prior mental health evaluations and treatments.
(c) The court may make the necessary orders to provide the information listed in
Subsection (3)(b) to the examiners.
(d) The court may provide in its order appointing the examiners that custodians of
mental health records pertaining to the defendant shall provide those records to the examiners
without the need for consent of the defendant or further order of the court.
(e) Prior to examining the defendant, examiners shall specifically advise the defendant
of the limits of confidentiality as provided under Section 
77-15a-106
.
(4) During any examinations under Subsection (3), unless the court directs otherwise,
the defendant shall be retained in the same custody or status he was in at the time the
examination was ordered.
(5) The experts shall in the conduct of their examinations and in their reports to the
court consider and address:
(a) whether the defendant is intellectually disabled as defined in Section 
77-15a-102
;
(b) the degree of any intellectual disability the expert finds to exist;
(c) whether the defendant is intellectually disabled as specified in Subsection
77-15a-101
(2); and
(d) the degree of any intellectual disability the expert finds to exist.
(6) (a) The experts examining the defendant shall provide written reports to the court,
the prosecution, and the defense within 60 days of the receipt of the court's order, unless the
expert submits to the court a written request for additional time in accordance with Subsection
(6)(c).
(b) The reports shall provide to the court and to prosecution and defense counsel the
examiners' written opinions concerning the intellectual disability of the defendant.
(c) If an examiner requests of the court additional time, the examiner shall provide the
report to the court and counsel within 90 days from the receipt of the court's order unless, for
good cause shown, the court authorizes an additional period of time to complete the
examination and provide the report.
(7) Any written report submitted by an expert shall:
(a) identify the specific matters referred for evaluation;
(b) describe the procedures, techniques, and tests used in the examination and the
purpose or purposes for each;
(c) state the expert's clinical observations, findings, and opinions; and
(d) identify the sources of information used by the expert and present the basis for the
expert's clinical findings and opinions.
(8) Within 30 days after receipt of the report from the Department of [
Human Services
]
Health and Human Services
, but not later than five days before hearing, or at any other time the
court directs, the prosecuting attorney shall file and serve upon the defendant a notice of
witnesses the prosecuting attorney proposes to call in rebuttal.
(9) (a) Except pursuant to Section 
77-15a-105
, this chapter does not prevent any party
from producing any other testimony as to the mental condition of the defendant.
(b) Expert witnesses who are not appointed by the court are not entitled to
compensation under Subsection (10).
(10) (a) Expenses of examinations of the defendant ordered by the court under this
section shall be paid by the Department of [
Human Services
] 
Health and Human Services
.
(b) Travel expenses associated with any court-ordered examination that are incurred by
the defendant shall be charged by the Department of [
Human Services
] 
Health and Human
Services
 to the county where prosecution is commenced.
(11) (a) When the report is received, the court shall set a date for a hearing to
determine if the exemption under Section 
77-15a-101
 applies. The hearing shall be held and
the judge shall make the determination within a reasonable time prior to jury selection.
(b) Prosecution and defense counsel may subpoena to testify at the hearing any person
or organization appointed by the Department of [
Human Services
] 
Health and Human Services
to conduct the examination and any independent examiner.
(c) The court may call any examiner to testify at the hearing who is not called by the
parties. If the court calls an examiner, counsel for the parties may cross-examine that
examiner.
(12) (a) A defendant is presumed not to be intellectually disabled unless the court, by a
preponderance of the evidence, finds the defendant to be intellectually disabled. The burden of
proof is upon the proponent of intellectual disability at the hearing.
(b) A finding of intellectual disability does not operate as an adjudication of
intellectual disability for any purpose other than exempting the person from a sentence of death
in the case before the court.
(13) (a) The defendant is presumed not to possess the mental deficiencies listed in
Subsection 
77-15a-101
(2) unless the court, by a preponderance of the evidence, finds that the
defendant has significant subaverage general intellectual functioning that exists concurrently
with significant deficiencies in adaptive functioning and that this functioning was manifested
prior to age 22. The burden of proof is upon the proponent of that proposition.
(b) If the court finds by a preponderance of the evidence that the defendant has
significant subaverage general intellectual functioning that exists concurrently with significant
deficiencies in adaptive functioning and that this functioning was manifested prior to age 22,
then the burden is upon the state to establish that any confession by the defendant which the
state intends to introduce into evidence is supported by substantial evidence independent of the
confession.
(14) (a) If the court finds the defendant intellectually disabled, it shall issue an order:
(i) containing findings of fact and conclusions of law, and addressing each of the
factors in Subsections (5)(a) and (b); and
(ii) stating that the death penalty is not a sentencing option in the case before the court.
(b) If the court finds by a preponderance of the evidence that the defendant possesses
the mental deficiencies listed in Subsection 
77-15a-101
(2) and that the state fails to establish
that any confession is supported by substantial evidence independent of the confession, the
state may proceed with its case and:
(i) introduce the confession into evidence, and the death penalty will not be a
sentencing option in the case; or
(ii) not introduce into evidence any confession or the fruits of a confession that the
court has found is not supported by substantial evidence independent of the confession, and the
death penalty will be a sentencing option in the case.
(c) (i) A finding by the court regarding whether the defendant qualifies for an
exemption under Section 
77-15a-101
 is a final determination of that issue for purposes of this
chapter.
(ii) The following questions may not be submitted to the jury by instruction, special
verdict, argument, or other means:
(A) whether the defendant is intellectually disabled for purposes of this chapter; and
(B) whether the defendant possesses the mental deficiencies specified in Subsection
77-15a-101
(2).
(iii) This chapter does not prevent the defendant from submitting evidence of
intellectual disability or other mental deficiency to establish a mental condition as a mitigating
circumstance under Section 
76-3-207
.
(15) A ruling by the court that the defendant is exempt from the death penalty may be
appealed by the state pursuant to Section 
77-18a-1
.
(16) Failure to comply with this section does not result in the dismissal of criminal
charges.
Section 67. Section 
77-15a-105
 is amended to read:
77-15a-105.
Defendant's wilful failure to cooperate -- Expert testimony regarding
intellectual disability is barred.
(1) If the defendant files notice, raises the issue, or intends to present evidence or make
an argument that the defendant is exempt from the death penalty under this chapter, the
defendant shall make himself available and fully cooperate in any examination by mental
health experts appointed by the Department of [
Human Services
] 
Health and Human Services
and any other independent examiners for the defense or the prosecution.
(2) If the defendant wilfully fails to make himself available and fully cooperate in the
examination, and that failure is established to the satisfaction of the court, the defendant is
barred from presenting expert testimony relating to any exemption from the death penalty
under this chapter.
Section 68. Section 
77-16a-101
 is amended to read:
77-16a-101.
Definitions.
As used in this chapter:
(1) "Board" means the Board of Pardons and Parole established under Section 
77-27-2
.
(2) "Department" means the Department of [
Human Services
] 
Health and Human
Services
.
(3) "Executive director" means the executive director of the Department of [
Human
Services
] 
Health and Human Services
.
(4) "Mental health facility" means the Utah State Hospital or other facility that
provides mental health services under contract with the division, a local mental health
authority, or organization that contracts with a local mental health authority.
(5) "Mental illness" is as defined in Section 
76-2-305
.
(6) "Offender with a mental illness" means an individual who has been adjudicated
guilty with a mental illness, including an individual who has an intellectual disability.
(7) "UDC" means the Department of Corrections.
Section 69. Section 
77-16a-202
 is amended to read:
77-16a-202.
Person found guilty with a mental illness -- Commitment to
department -- Admission to Utah State Hospital.
(1) In sentencing and committing an offender with a mental illness to the department
under Subsection 
77-16a-104
(3)(a), the court shall:
(a) sentence the offender to a term of imprisonment and order that he be committed to
the department and admitted to the Utah State Hospital for care and treatment until transferred
to UDC in accordance with Sections 
77-16a-203
 and 
77-16a-204
, making provision for
readmission to the Utah State Hospital whenever the requirements and conditions of Section
77-16a-204
 are met; or
(b) sentence the offender to a term of imprisonment and order that the offender be
committed to the department for care and treatment for no more than 18 months, or until the
offender's condition has been stabilized to the point that commitment to the department and
admission to the Utah State Hospital is no longer necessary to ensure adequate mental health
treatment, whichever occurs first. At the expiration of that time, the court may recall the
sentence and commitment, and resentence the offender. A commitment and retention of
jurisdiction under this Subsection (1)(b) shall be specified in the sentencing order. If that
specification is not included in the sentencing order, the offender shall be committed in
accordance with Subsection (1)(a).
(2) The court may not retain jurisdiction, under Subsection (1)(b), over the sentence of
an offender with a mental illness who has been convicted of a capital felony. In capital cases,
the court shall make the findings required by this section after the capital sentencing
proceeding mandated by Section 
76-3-207
.
(3) When an offender is committed to the department and admitted to the Utah State
Hospital under Subsection (1)(b), the department shall provide the court with reports of the
offender's mental health status every six months. Those reports shall be prepared in accordance
with the requirements of Section 
77-16a-203
. Additionally, the court may appoint an
independent examiner to assess the mental health status of the offender.
(4) The period of commitment to the department and admission to the Utah State
Hospital, and any subsequent retransfers to the Utah State Hospital made pursuant to Section
77-16a-204
 may not exceed the maximum sentence imposed by the court. Upon expiration of
that sentence, the administrator of the facility where the offender is located may initiate civil
proceedings for involuntary commitment in accordance with [
Title 62A, Chapter 5, Services
for People with Disabilities, or Title 62A, Chapter 15, Substance Abuse and Mental Health
Act
] 
Title 26B, Chapter 5, Health Care -- Substance Use and Mental Health, or Title 26B,
Chapter 6, Part 4, Division of Services for People with Disabilities
.
Section 70. Section 
77-16a-203
 is amended to read:
77-16a-203.
Review of offenders with a mental illness committed to department --
Recommendations for transfer to Department of Corrections.
(1) (a) The executive director shall designate a review team of at least three qualified
staff members, including at least one licensed psychiatrist, to evaluate the mental condition of
each offender with a mental illness committed to it in accordance with Section 
77-16a-202
, at
least once every six months.
(b) If the offender has an intellectual disability, the review team shall include at least
one individual who is a designated intellectual disability professional, as defined in Section
[
62A-5-101
] 
26B-6-401
.
(2) At the conclusion of its evaluation, the review team described in Subsection (1)
shall make a report to the executive director:
(a) regarding the offender's:
(i) current mental condition;
(ii) progress since commitment; and
(iii) prognosis; and
(b) that includes a recommendation regarding whether the offender with a mental
illness should be:
(i) transferred to UDC; or
(ii) remain in the custody of the department.
(3) (a) The executive director shall notify the UDC medical administrator and the
board's mental health adviser that an offender with a mental illness is eligible for transfer to
UDC if the review team finds that the offender:
(i) no longer has a mental illness; or
(ii) has a mental illness and may continue to be a danger to self or others, but can be
controlled if adequate care, medication, and treatment are provided by UDC; and
(iii) the offender's condition has been stabilized to the point that commitment to the
department and admission to the Utah State Hospital are no longer necessary to ensure
adequate mental health treatment.
(b) The administrator of the mental health facility where the offender is located shall
provide the UDC medical administrator with a copy of the reviewing staff's recommendation
and:
(i) all available clinical facts;
(ii) the diagnosis;
(iii) the course of treatment received at the mental health facility;
(iv) the prognosis for remission of symptoms;
(v) the potential for recidivism;
(vi) an estimation of the offender's dangerousness, either to self or others; and
(vii) recommendations for future treatment.
Section 71. Section 
77-16a-204
 is amended to read:
77-16a-204.
UDC acceptance of transfer of persons found guilty with a mental
illness -- Retransfer from UDC to department for admission to the Utah State Hospital.
(1) The UDC medical administrator shall designate a transfer team of at least three
qualified staff members, including at least one licensed psychiatrist, to evaluate the
recommendation made by the department's review team pursuant to Section 
77-16a-203
. If the
offender has an intellectual disability, the transfer team shall include at least one person who
has expertise in testing and diagnosis of people with intellectual disabilities.
(2) The transfer team shall concur in the recommendation if the transfer team
determines that UDC can provide the offender with a mental illness with adequate mental
health treatment.
(3) The UDC transfer team and medical administrator shall recommend the facility in
which the offender should be placed and the treatment to be provided in order for the offender's
mental condition to remain stabilized to the director of the Division of Institutional Operations,
within the Department of Corrections.
(4) In the event that the department and UDC do not agree on the transfer of an
offender with a mental illness, the administrator of the mental health facility where the offender
is located shall notify the mental health adviser for the board, in writing, of the dispute. The
mental health adviser shall be provided with copies of all reports and recommendations. The
board's mental health adviser shall make a recommendation to the board on the transfer and the
board shall issue its decision within 30 days.
(5) UDC shall notify the board whenever an offender with a mental illness is
transferred from the department to UDC.
(6) When an offender with a mental illness sentenced under Section 
77-16a-202
, who
has been transferred from the department to UDC, and accepted by UDC, is evaluated and it is
determined that the offender's mental condition has deteriorated or that the offender has
become mentally unstable, the offender may be readmitted to the Utah State Hospital in
accordance with the findings and procedures described in Section [
62A-15-605.5
] 
26B-5-372
.
(7) Any person readmitted to the Utah State Hospital pursuant to Subsection (6) shall
remain in the custody of UDC, and the state hospital shall act solely as the agent of UDC.
(8) An offender with a mental illness who has been readmitted to the Utah State
Hospital pursuant to Subsection (6) shall be transferred back to UDC in accordance with the
provisions of Section 
77-16a-203
.
Section 72. Section 
77-16a-302
 is amended to read:
77-16a-302.
Persons found not guilty by reason of insanity -- Disposition.
(1) Upon a verdict of not guilty by reason of insanity, the court shall conduct a hearing
within 10 days to determine whether the defendant currently has a mental illness. The defense
counsel and prosecutors may request further evaluations and present testimony from those
examiners.
(2) After the hearing and upon consideration of the record, the court shall order the
defendant committed to the department if it finds by clear and convincing evidence that:
(a) the defendant has a mental illness; and
(b) because of that mental illness the defendant presents a substantial danger to self or
others.
(3) The period of commitment described in Subsection (2) may not exceed the period
for which the defendant could be incarcerated had the defendant been convicted and received
the maximum sentence for the crime of which the defendant was accused. At the time that
period expires, involuntary civil commitment proceedings may be instituted in accordance with
[
Title 62A, Chapter 15, Substance Abuse and Mental Health Act
] 
Title 26B, Chapter 5, Health
Care -- Substance Use and Mental Health
.
Section 73. Section 
77-18-102
 is amended to read:
77-18-102.
Definitions.
As used in this chapter:
(1) "Assessment" means, except as provided in Section 
77-18-104
, the same as the
term "risk and needs assessment" in Section 
77-1-3
.
(2) "Board" means the Board of Pardons and Parole.
(3) "Civil accounts receivable" means the same as that term is defined in Section
77-32b-102
.
(4) "Civil judgment of restitution" means the same as that term is defined in Section
77-32b-102
.
(5) "Convicted" means the same as that term is defined in Section 
76-3-201
.
(6) "Criminal accounts receivable" means the same as that term is defined in Section
77-32b-102
.
(7) "Default" means the same as that term is defined in Section 
77-32b-102
.
(8) "Delinquent" means the same as that term is defined in Section 
77-32b-102
.
(9) "Department" means the Department of Corrections created in Section 
64-13-2
.
(10) "Payment schedule" means the same as that term is defined in Section
77-32b-102
.
(11) "Restitution" means the same as that term is defined in Section 
77-38b-102
.
(12) "Screening" means, except as provided in Section 
77-18-104
, a tool or
questionnaire that is designed to determine whether an individual needs further assessment or
any additional resource or referral for treatment.
(13) "Substance use disorder treatment" means treatment obtained through a substance
use disorder program that is licensed by the Office of Licensing within the Department of
[
Human Services
] 
Health and Human Services
.
Section 74. Section 
77-18-106
 is amended to read:
77-18-106.
Treatment at the Utah State Hospital -- Condition of probation or stay
of sentence.
The court may order as a condition of probation, or a stay of sentence, that the
defendant be voluntarily admitted to the custody of the [
Division of Substance Abuse
] 
Office
of Substance Use
 and Mental Health for treatment at the Utah State Hospital only if the
superintendent of the Utah State Hospital, or the superintendent's designee, certifies to the
court that:
(1) the defendant is appropriate for, and can benefit from, treatment at the Utah State
Hospital;
(2) there is space at the Utah State Hospital for treatment of the defendant; and
(3) individuals described in Subsection [
62A-15-610
(2)(g)
] 
26B-5-306
(2)(g)
 are
receiving priority for treatment over the defendant.
Section 75. Section 
77-19-204
 is amended to read:
77-19-204.
Order for hearing -- Examinations of inmate -- Scope of examination
and report.
(1) When a court has good reason to believe an inmate sentenced to death is
incompetent to be executed, it shall stay the execution and shall order the Department of
[
Human Services
] 
Health and Human Services
 to examine the inmate and report to the court
concerning the inmate's mental condition.
(2) (a) The inmate subject to examination under Subsection (1) shall be examined by at
least two mental health experts who are not involved in the inmate's current treatment.
(b) The Department of Corrections shall provide information and materials to the
examiners relevant to a determination of the inmate's competency to be executed.
(3) The inmate shall make himself available and fully cooperate in the examination by
the Department of [
Human Services
] 
Health and Human Services
 and any other independent
examiners for the defense or the state.
(4) The examiners shall in the conduct of their examinations and in their reports to the
court consider and address, in addition to any other factors determined to be relevant by the
examiners:
(a) the inmate's awareness of the fact of the inmate's impending execution;
(b) the inmate's understanding that the inmate is to be executed for the crime of
murder;
(c) the nature of the inmate's mental disorder, if any, and its relationship to the factors
relevant to the inmate's competency; and
(d) whether psychoactive medication is necessary to maintain or restore the inmate's
competency.
(5) The examiners who are examining the inmate shall each provide an initial report to
the court and the attorneys for the state and the inmate within 60 days of the receipt of the
court's order. The report shall inform the court of the examiner's opinion concerning the
competency of the inmate to be executed, or, in the alternative, the examiner may inform the
court in writing that additional time is needed to complete the report. If the examiner informs
the court that additional time is needed, the examiner shall have up to an additional 30 days to
provide the report to the court and counsel. The examiner shall provide the report within 90
days from the receipt of the court's order unless, for good cause shown, the court authorizes an
additional period of time to complete the examination and provide the report.
(6) (a) All interviews with the inmate conducted by the examiners shall be videotaped,
unless otherwise ordered by the court for good cause shown. The Department of Corrections
shall provide the videotaping equipment and facilitate the videotaping of the interviews.
(b) Immediately following the videotaping, the videotape shall be provided to the
attorney for the state, who shall deliver it as soon as practicable to the judge in whose court the
competency determination is pending.
(c) The court shall grant counsel for the state and for the inmate, and examiners who
are examining the inmate under this part access to view the videotape at the court building
where the court is located that is conducting the competency determination under this part.
(7) Any written report submitted by an examiner shall:
(a) identify the specific matters referred for evaluation;
(b) describe the procedures, techniques, and tests used in the examination and the
purpose or purposes for each;
(c) state the examiner's clinical observations, findings, and opinions on each issue
referred for examination by the court, and indicate specifically those issues, if any, on which
the examiner could not give an opinion; and
(d) identify the sources of information used by the examiner and present the basis for
the examiner's clinical findings and opinions.
(8) (a) When the reports are received, the court shall set a date for a competency
hearing, which shall be held within not less than five and not more than 15 days, unless the
court extends the time for good cause.
(b) Any examiner directed by the Department of [
Human Services
] 
Health and Human
Services
 to conduct the examination may be subpoenaed to provide testimony at the hearing. If
the examiners are in conflict as to the competency of the inmate, all of them should be called to
testify at the hearing if they are reasonably available.
(c) The court may call any examiner to testify at the hearing who is not called by the
parties. An examiner called by the court may be cross-examined by counsel for the parties.
(9) (a) An inmate shall be presumed competent to be executed unless the court, by a
preponderance of the evidence, finds the inmate incompetent to be executed. The burden of
proof is upon the proponent of incompetency at the hearing.
(b) An adjudication of incompetency to be executed does not operate as an
adjudication of the inmate's incompetency to give informed consent for medical treatment or
for any other purpose, unless specifically set forth in the court order.
(10) (a) If the court finds the inmate incompetent to be executed, its order shall contain
findings addressing each of the factors in Subsections (4)(a) through (d).
(b) The order finding the inmate incompetent to be executed shall be delivered to the
Department of [
Human Services
] 
Health and Human Services
, and shall be accompanied by:
(i) copies of the reports of the examiners filed with the court pursuant to the order of
examination, if not provided previously;
(ii) copies of any of the psychiatric, psychological, or social work reports submitted to
the court relative to the mental condition of the inmate; and
(iii) any other documents made available to the court by either the defense or the state,
pertaining to the inmate's current or past mental condition.
(c) A copy of the order finding the inmate incompetent to be executed shall be
delivered to the Department of Corrections.
Section 76. Section 
77-19-205
 is amended to read:
77-19-205.
Procedures on finding of incompetency to be executed -- Subsequent
hearings -- Notice to attorneys.
(1) (a) (i) If after the hearing under Section 
77-19-204
 the inmate is found to be
incompetent to be executed, the court shall continue the stay of execution and the inmate shall
receive appropriate mental health treatment.
(ii) Appropriate mental health treatment under Subsection (1)(a)(i) does not include the
forcible administration of psychoactive medication for the sole purpose of restoring the
inmate's competency to be executed.
(b) The court shall order the executive director of the Department of [
Human Services
]
Health and Human Services
 to provide periodic assessments to the court regarding the inmate's
competency to be executed.
(c) The inmate shall be held in secure confinement, either at the prison or the State
Hospital, as agreed upon by the executive director of the Department of Corrections and the
executive director of the Department of [
Human Services
] 
Health and Human Services
. If the
inmate remains at the prison, the Department of [
Human Services
] 
Health and Human Services
shall consult with the Department of Corrections regarding the inmate's mental health
treatment.
(2) (a) The examiner or examiners designated by the executive director of the
Department of [
Human Services
] 
Health and Human Services
 to assess the inmate's progress
toward competency may not be involved in the routine treatment of the inmate.
(b) The examiner or examiners shall each provide a full report to the court and counsel
for the state and the inmate within 90 days of receipt of the court's order. If any examiner is
unable to complete the assessment within 90 days, that examiner shall provide to the court and
counsel for the state and the inmate a summary progress report which informs the court that
additional time is necessary to complete the assessment, in which case the examiner has up to
an additional 90 days to provide the full report, unless the court enlarges the time for good
cause. The full report shall assess:
(i) the facility's or program's capacity to provide appropriate treatment for the inmate;
(ii) the nature of treatments provided to the inmate;
(iii) what progress toward restoration of competency has been made;
(iv) the inmate's current level of mental disorder and need for treatment, if any; and
(v) the likelihood of restoration of competency and the amount of time estimated to
achieve it.
(3) The court on its own motion or upon motion by either party may order the
Department of [
Human Services
] 
Health and Human Services
 to appoint additional mental
health examiners to examine the inmate and advise the court on the inmate's current mental
status and progress toward competency restoration.
(4) (a) Upon receipt of the full report, the court shall hold a hearing to determine the
inmate's current status. At the hearing, the burden of proving that the inmate is competent is on
the proponent of competency.
(b) Following the hearing, the court shall determine by a preponderance of evidence
whether the inmate is competent to be executed.
(5) (a) If the court determines that the inmate is competent to be executed, it shall enter
findings and shall proceed under Subsection 
77-19-202
(2)(c).
(b) (i) If the court determines the inmate is still incompetent to be executed, the inmate
shall continue to receive appropriate mental health treatment, and the court shall hold hearings
no less frequently than at 18-month intervals for the purpose of determining the defendant's
competency to be executed.
(ii) Continued appropriate mental health treatment under Subsection (1)(a)(i) does not
include the forcible administration of psychoactive medication for the sole purpose of restoring
the inmate's competency to be executed.
(6) (a) If at any time the clinical director of the Utah State Hospital or the primary
treating mental health professional determines that the inmate has been restored to competency,
he shall notify the court.
(b) The court shall conduct a hearing regarding the inmate's competency to be executed
within 30 working days of the receipt of the notification under Subsection (6)(a), unless the
court extends the time for good cause. The court may order a hearing or rehearing at any time
on its own motion.
(7) Notice of a hearing on competency to be executed shall be given to counsel for the
state and for the inmate, as well as to the office of the prosecutor who prosecuted the inmate on
the original capital charge.
Section 77. Section 
77-19-206
 is amended to read:
77-19-206.
Expenses -- Allocation.
The Department of [
Human Services
] 
Health and Human Services
 and the Department
of Corrections shall each pay 1/2 of the costs of any examination of the inmate conducted
pursuant to Sections 
77-19-204
 and 
77-19-205
 to determine if an inmate is competent to be
executed.
Section 78. Section 
77-23-213
 is amended to read:
77-23-213.
Blood testing.
(1) As used in this section:
(a) "Law enforcement purpose" means duties that consist primarily of the prevention
and detection of crime and the enforcement of criminal statutes or ordinances of this state or
any of this state's political subdivisions.
(b) "Peace officer" means those persons specified in Title 53, Chapter 13, Peace
Officer Classifications.
(2) A peace officer may require an individual to submit to a blood test for a law
enforcement purpose only if:
(a) the individual or legal representative of the individual with authority to give
consent gives oral or written consent to the blood test;
(b) the peace officer obtains a warrant to administer the blood test; or
(c) a judicially recognized exception to obtaining a warrant exists as established by the
Utah Court of Appeals, Utah Supreme Court, Court of Appeals of the Tenth Circuit, or the
Supreme Court of the United States.
(3) (a) Only the following, acting at the request of a peace officer, may draw blood to
determine the blood's alcohol or drug content:
(i) a physician;
(ii) a physician assistant;
(iii) a registered nurse;
(iv) a licensed practical nurse;
(v) a paramedic;
(vi) as provided in Subsection (3)(b), emergency medical service personnel other than a
paramedic; or
(vii) a person with a valid permit issued by the Department of [
Health
] 
Health and
Human Services
 under Section [
26-1-30
] 
26B-1-202
.
(b) The Department of [
Health
] 
Health and Human Services
 may designate by rule, in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, which emergency
medical service personnel, as defined in Section [
26-8a-102
] 
26B-4-101
, are authorized to
draw blood under Subsection (3)(a)(vi), based on the type of license under Section [
26-8a-302
]
26B-4-116
.
(c) The following are immune from civil or criminal liability arising from drawing a
blood sample from a person who a peace officer requests, for law enforcement purposes, if the
sample is drawn in accordance with standard medical practice:
(i) a person authorized to draw blood under Subsection (3)(a); and
(ii) if the blood is drawn at a hospital or other medical facility, the medical facility.
Section 79. Section 
77-32b-103
 is amended to read:
77-32b-103.
Establishment of a criminal accounts receivable -- Responsibility --
Payment schedule -- Delinquency or default.
(1) (a) Except as provided in Subsection (1)(b) and (c), at the time of sentencing or
acceptance of a plea in abeyance, the court shall enter an order to establish a criminal accounts
receivable for the defendant.
(b) The court is not required to create a criminal accounts receivable for the defendant
under Subsection (1)(a) if the court finds that the defendant does not owe restitution and there
are no other fines or fees to be assessed against the defendant.
(c) Subject to Subsection 
77-38b-205
(5), if the court does not create a criminal
accounts receivable for a defendant under Subsection (1)(a), the court shall enter an order to
establish a criminal accounts receivable for the defendant at the time the court enters an order
for restitution under Section 
77-38b-205
.
(2) After establishing a criminal accounts receivable for a defendant, the court shall:
(a) if a prison sentence is imposed and not suspended for the defendant:
(i) accept any payment for the criminal accounts receivable that is tendered on the date
of sentencing; and
(ii) transfer the responsibility of receiving, distributing, and processing payments for
the criminal accounts receivable to the Office of State Debt Collection; and
(b) for all other cases:
(i) retain the responsibility for receiving, processing, and distributing payments for the
criminal accounts receivable until the court enters a civil accounts receivable or civil judgment
of restitution on the civil judgment docket under Subsection 
77-18-114
(1) or (2); and
(ii) record each payment by the defendant on the case docket.
(c) For a criminal accounts receivable that a court retains responsibility for receiving,
processing, and distributing payments under Subsection (2)(b)(i), the Judicial Council may
establish rules to require a defendant to pay the cost, or a portion of the cost, for an electronic
payment fee that is charged by a financial institution for the use of a credit or debit card to
make payments towards the criminal accounts receivable.
(3) (a) Upon entering an order for a criminal accounts receivable, the court shall
establish a payment schedule for the defendant to make payments towards the criminal
accounts receivable.
(b) In establishing the payment schedule for the defendant, the court shall consider:
(i) the needs of the victim if the criminal accounts receivable includes an order for
restitution under Section 
77-38b-205
;
(ii) the financial resources of the defendant, as disclosed in the financial declaration
under Section 
77-38b-204
 or in evidence obtained by subpoena under Subsection
77-38b-402
(1)(b);
(iii) the burden that the payment schedule will impose on the defendant regarding the
other reasonable obligations of the defendant;
(iv) the ability of the defendant to pay restitution on an installment basis or on other
conditions fixed by the court;
(v) the rehabilitative effect on the defendant of the payment of restitution and method
of payment; and
(vi) any other circumstance that the court determines is relevant.
(4) A payment schedule for a criminal accounts receivable does not limit the ability of
a judgment creditor to pursue collection by any means allowable by law.
(5) If the court orders restitution under Section 
77-38b-205
, or makes another financial
decision, after sentencing that increases the total amount owed in a defendant's case, the
defendant's criminal accounts receivable balance shall be adjusted to include any new amount
ordered by the court.
(6) (a) If a defendant is incarcerated in a county jail or a secure correctional facility, as
defined in Section 
64-13-1
, or the defendant is involuntarily committed under Section
[
62A-15-631
] 
26B-5-332
:
(i) all payments for a payment schedule shall be suspended for the period of time that
the defendant is incarcerated or involuntarily committed, unless the court, or the board if the
defendant is under the jurisdiction of the board, expressly orders the defendant to make
payments according to the payment schedule; and
(ii) the defendant shall provide the court with notice of the incarceration or involuntary
commitment.
(b) A suspension under Subsection (6)(a) shall remain in place for 60 days after the day
in which the defendant is released from incarceration or commitment.
Section 80. Section 
77-40a-305
 is amended to read:
77-40a-305.
Petition for expungement -- Prosecutorial responsibility -- Hearing.
(1) (a) The petitioner shall file a petition for expungement, in accordance with the Utah
Rules of Criminal Procedure, that includes the identification number for the certificate of
eligibility described in Subsection 
77-40a-304
(1)(d)(ii).
(b) Information on a certificate of eligibility is incorporated into a petition by reference
to the identification number for the certificate of eligibility.
(2) (a) If a petition for expungement is filed under Subsection (1)(a), the court shall
obtain a certificate of eligibility from the bureau.
(b) A court may not accept a petition for expungement if the certificate of eligibility is
no longer valid as described in Subsection 
77-40a-304
(1)(d)(i).
(3) Notwithstanding Subsection (2), the petitioner may file a petition for expungement
of a traffic conviction without obtaining a certificate of eligibility if:
(a) (i) for a class C misdemeanor or infraction, at least three years have elapsed from
the day on which the petitioner was convicted; or
(ii) for a class B misdemeanor, at least four years have elapsed from the day on which
the petitioner was convicted; and
(b) all convictions in the case for the traffic conviction are for traffic offenses.
(4) Notwithstanding Subsection (2), a petitioner may file a petition for expungement of
a record for a conviction related to cannabis possession without a certificate of eligibility if the
petition demonstrates that:
(a) the petitioner had, at the time of the relevant arrest or citation leading to the
conviction, a qualifying condition, as that term is defined in Section [
26-61a-102
] 
26B-4-201
;
and
(b) the possession of cannabis in question was in a form and an amount to medicinally
treat the qualifying condition described in Subsection (4)(a).
(5) (a) The court shall provide notice of a filing of a petition and certificate of
eligibility to the prosecutorial office that handled the court proceedings within three days after
the day on which the petitioner's filing fee is paid or waived.
(b) If there were no court proceedings, the court shall provide notice of a filing of a
petition and certificate of eligibility to the county attorney's office in the jurisdiction where the
arrest occurred.
(c) If the prosecuting agency with jurisdiction over the arrest, investigation, detention,
or conviction, was a city attorney's office, the county attorney's office in the jurisdiction where
the arrest occurred shall immediately notify the city attorney's office that the county attorney's
office has received a notice of a filing of a petition for expungement.
(6) (a) Upon receipt of a notice of a filing of a petition for expungement of a conviction
or a charge dismissed in accordance with a plea in abeyance, the prosecuting attorney shall
make a reasonable effort to provide notice to any victim of the conviction or charge.
(b) The notice under Subsection (6)(a) shall:
(i) include a copy of the petition, certificate of eligibility, statutes, and rules applicable
to the petition;
(ii) state that the victim has a right to object to the expungement; and
(iii) provide instructions for registering an objection with the court.
(7) The prosecuting attorney and the victim, if applicable, may respond to the petition
by filing a recommendation or objection with the court within 35 days after the day on which
the notice of the filing of the petition is sent by the court to the prosecuting attorney.
(8) (a) The court may request a written response to the petition from the Division of
Adult Probation and Parole within the Department of Corrections.
(b) If requested, the response prepared by the Division of Adult Probation and Parole
shall include:
(i) the reasons probation was terminated; and
(ii) certification that the petitioner has completed all requirements of sentencing and
probation or parole.
(c) The Division of Adult Probation and Parole shall provide a copy of the response to
the petitioner and the prosecuting attorney.
(9) The petitioner may respond in writing to any objections filed by the prosecuting
attorney or the victim and the response prepared by the Division of Adult Probation and Parole
within 14 days after the day on which the objection or response is received.
(10) (a) If the court receives an objection concerning the petition from any party, the
court shall set a date for a hearing and notify the petitioner and the prosecuting attorney of the
date set for the hearing.
(b) The prosecuting attorney shall notify the victim of the date set for the hearing.
(c) The petitioner, the prosecuting attorney, the victim, and any other person who has
relevant information about the petitioner may testify at the hearing.
(d) The court shall review the petition, the certificate of eligibility, and any written
responses submitted regarding the petition.
(11) If no objection is received within 60 days from the day on which the petition for
expungement is filed with the court, the expungement may be granted without a hearing.
Section 81. Section 
77-40a-306
 is amended to read:
77-40a-306.
Order of expungement.
(1) If a petition is filed in accordance with Section 
77-40a-305
, the court shall issue an
order of expungement if the court finds, by clear and convincing evidence, that:
(a) except as provided in Subsection 
77-40a-305
(3) or (4), the petition and certificate
of eligibility are sufficient;
(b) the statutory requirements have been met;
(c) if the petitioner seeks expungement after a case is dismissed without prejudice or
without condition, the prosecuting attorney provided written consent and has not filed and does
not intend to refile related charges;
(d) if the petitioner seeks expungement without a certificate of eligibility for
expungement under Subsection 
77-40a-305
(4) for a record of conviction related to cannabis
possession:
(i) the petitioner had, at the time of the relevant arrest or citation leading to the
conviction, a qualifying condition, as that term is defined in Section [
26-61a-102
] 
26B-4-201
;
and
(ii) the possession of cannabis in question was in a form and an amount to medicinally
treat the qualifying condition described in Subsection (1)(d)(i);
(e) if an objection is received, the petition for expungement is for a charge dismissed in
accordance with a plea in abeyance agreement, and the charge is an offense eligible to be used
for enhancement, there is good cause for the court to grant the expungement; and
(f) the interests of the public would not be harmed by granting the expungement.
(2) (a) If the court denies a petition described in Subsection (1)(c) because the
prosecuting attorney intends to refile charges, the petitioner may apply again for a certificate of
eligibility if charges are not refiled within 180 days after the day on which the court denies the
petition.
(b) A prosecuting attorney who opposes an expungement of a case dismissed without
prejudice, or without condition, shall have a good faith basis for the intention to refile the case.
(c) A court shall consider the number of times that good faith basis of intention to
refile by the prosecuting attorney is presented to the court in making the court's determination
to grant the petition for expungement described in Subsection (1)(c).
(3) If the court grants a petition described in Subsection (1)(e), the court shall make the
court's findings in a written order.
(4) A court may not expunge a conviction of an offense for which a certificate of
eligibility may not be, or should not have been, issued under Section 
77-40a-302
 or
77-40a-303
.
Section 82. Section 
78A-2-231
 is amended to read:
78A-2-231.
Consideration of lawful use or possession of medical cannabis.
(1) As used in this section:
(a) "Cannabis product" means the same as that term is defined in Section [
26-61a-102
]
26B-4-201
.
(b) "Directions of use" means the same as that term is defined in Section [
26-61a-102
]
26B-4-201
.
(c) "Dosing guidelines" means the same as that term is defined in Section [
26-61a-102
]
26B-4-201
.
(d) "Medical cannabis" means the same as that term is defined in Section [
26-61a-102
]
26B-4-201
.
(e) "Medical cannabis card" means the same as that term is defined in Section
[
26-61a-102
] 
26B-4-201
.
(f) "Medical cannabis device" means the same as that term is defined in Section
[
26-61a-102
] 
26B-4-201
.
(g) "Recommending medical provider" means the same as that term is defined in
Section [
26-61a-102
] 
26B-4-201
.
(2) In any judicial proceeding in which a judge, panel, jury, or court commissioner
makes a finding, determination, or otherwise considers an individual's medical cannabis card,
medical cannabis recommendation from a recommending medical provider, or possession or
use of medical cannabis, a cannabis product, or a medical cannabis device, the judge, panel,
jury, or court commissioner may not consider or treat the individual's card, recommendation,
possession, or use any differently than the lawful possession or use of any prescribed controlled
substance if:
(a) the individual's possession complies with Title 4, Chapter 41a, Cannabis Production
Establishments;
(b) the individual's possession or use complies with Subsection 
58-37-3.7
(2) or (3); or
(c) (i) the individual's possession or use complies with [
Title 26, Chapter 61a, Utah
Medical Cannabis Act
] 
Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical
Cannabis
; and
(ii) the individual reasonably complies with the directions of use and dosing guidelines
determined by the individual's recommending medical provider or through a consultation
described in Subsection [
26-61a-502
] 
26B-4-230
(4) or (5)
.
(3) Notwithstanding Sections 
77-18-105
 and 
77-2a-3
, for probation, release, a plea in
abeyance agreement, a diversion agreement, or a tendered admission under Utah Rules of
Juvenile Procedure, Rule 25, a term or condition may not require that an individual abstain
from the use or possession of medical cannabis, a cannabis product, or a medical cannabis
device, either directly or through a general prohibition on violating federal law, without an
exception related to medical cannabis use, if the individual's use or possession complies with:
(a) [
Title 26, Chapter 61a, Utah Medical Cannabis Act
] 
Title 26B, Chapter 4, Part 2,
Cannabinoid Research and Medical Cannabis
; or
(b) Subsection 
58-37-3.7
(2) or (3).
Section 83. Section 
78A-2-301
 is amended to read:
78A-2-301.
Civil fees of the courts of record -- Courts complex design.
(1) (a) The fee for filing any civil complaint or petition invoking the jurisdiction of a
court of record not governed by another subsection is $375.
(b) The fee for filing a complaint or petition is:
(i) $90 if the claim for damages or amount in interpleader exclusive of court costs,
interest, and attorney fees is $2,000 or less;
(ii) $200 if the claim for damages or amount in interpleader exclusive of court costs,
interest, and attorney fees is greater than $2,000 and less than $10,000;
(iii) $375 if the claim for damages or amount in interpleader is $10,000 or more;
(iv) $325 if the petition is filed under Title 30, Chapter 3, Divorce, or Title 30, Chapter
4, Separate Maintenance;
(v) $35 for a motion for temporary separation order filed under Section 
30-3-4.5
;
(vi) $125 if the petition is for removal from the Sex Offender and Kidnap Offender
Registry under Section 
77-41-112
; and
(vii) $35 if the petition is for guardianship and the prospective ward is the biological or
adoptive child of the petitioner.
(c) The fee for filing a small claims affidavit is:
(i) $60 if the claim for damages or amount in interpleader exclusive of court costs,
interest, and attorney fees is $2,000 or less;
(ii) $100 if the claim for damages or amount in interpleader exclusive of court costs,
interest, and attorney fees is greater than $2,000, but less than $7,500; and
(iii) $185 if the claim for damages or amount in interpleader exclusive of court costs,
interest, and attorney fees is $7,500 or more.
(d) The fee for filing a counter claim, cross claim, complaint in intervention, third party
complaint, or other claim for relief against an existing or joined party other than the original
complaint or petition is:
(i) $55 if the claim for relief exclusive of court costs, interest, and attorney fees is
$2,000 or less;
(ii) $165 if the claim for relief exclusive of court costs, interest, and attorney fees is
greater than $2,000 and less than $10,000;
(iii) $170 if the original petition is filed under Subsection (1)(a), the claim for relief is
$10,000 or more, or the party seeks relief other than monetary damages; and
(iv) $130 if the original petition is filed under Title 30, Chapter 3, Divorce, or Title 30,
Chapter 4, Separate Maintenance.
(e) The fee for filing a small claims counter affidavit is:
(i) $50 if the claim for relief exclusive of court costs, interest, and attorney fees is
$2,000 or less;
(ii) $70 if the claim for relief exclusive of court costs, interest, and attorney fees is
greater than $2,000, but less than $7,500; and
(iii) $120 if the claim for relief exclusive of court costs, interest, and attorney fees is
$7,500 or more.
(f) The fee for depositing funds under Section 
57-1-29
 when not associated with an
action already before the court is determined under Subsection (1)(b) based on the amount
deposited.
(g) The fee for filing a petition is:
(i) $240 for trial de novo of an adjudication of the justice court or of the small claims
department; and
(ii) $80 for an appeal of a municipal administrative determination in accordance with
Section 
10-3-703.7
.
(h) The fee for filing a notice of appeal, petition for appeal of an interlocutory order, or
petition for writ of certiorari is $240.
(i) The fee for filing a petition for expungement is $150.
(j) (i) Fifteen dollars of the fees established by Subsections (1)(a) through (i) shall be
allocated to and between the Judges' Contributory Retirement Trust Fund and the Judges'
Noncontributory Retirement Trust Fund, as provided in Title 49, Chapter 17, Judges'
Contributory Retirement Act, and Title 49, Chapter 18, Judges' Noncontributory Retirement
Act.
(ii) Four dollars of the fees established by Subsections (1)(a) through (i) shall be
allocated by the state treasurer to be deposited into the restricted account, Children's Legal
Defense Account, as provided in Section 
51-9-408
.
(iii) Five dollars of the fees established under Subsections (1)(a) through (e), (1)(g),
and (1)(s) shall be allocated to and deposited with the Dispute Resolution Account as provided
in Section 
78B-6-209
.
(iv) Thirty dollars of the fees established by Subsections (1)(a), (1)(b)(iii) and (iv),
(1)(d)(iii) and (iv), (1)(g)(ii), (1)(h), and (1)(i) shall be allocated by the state treasurer to be
deposited into the restricted account, Court Security Account, as provided in Section
78A-2-602
.
(v) Twenty dollars of the fees established by Subsections (1)(b)(i) and (ii), (1)(d)(ii)
and (1)(g)(i) shall be allocated by the state treasurer to be deposited into the restricted account,
Court Security Account, as provided in Section 
78A-2-602
.
(k) The fee for filing a judgment, order, or decree of a court of another state or of the
United States is $35.
(l) The fee for filing a renewal of judgment in accordance with Section 
78B-6-1801
 is
50% of the fee for filing an original action seeking the same relief.
(m) The fee for filing probate or child custody documents from another state is $35.
(n) (i) The fee for filing an abstract or transcript of judgment, order, or decree of the
State Tax Commission is $30.
(ii) The fee for filing an abstract or transcript of judgment of a court of law of this state
or a judgment, order, or decree of an administrative agency, commission, board, council, or
hearing officer of this state or of its political subdivisions other than the State Tax
Commission, is $50.
(o) The fee for filing a judgment by confession without action under Section
78B-5-205
 is $35.
(p) The fee for filing an award of arbitration for confirmation, modification, or
vacation under Title 78B, Chapter 11, Utah Uniform Arbitration Act, that is not part of an
action before the court is $35.
(q) The fee for filing a petition or counter-petition to modify a domestic relations order
other than a protective order or stalking injunction is $100.
(r) The fee for filing any accounting required by law is:
(i) $15 for an estate valued at $50,000 or less;
(ii) $30 for an estate valued at $75,000 or less but more than $50,000;
(iii) $50 for an estate valued at $112,000 or less but more than $75,000;
(iv) $90 for an estate valued at $168,000 or less but more than $112,000; and
(v) $175 for an estate valued at more than $168,000.
(s) The fee for filing a demand for a civil jury is $250.
(t) The fee for filing a notice of deposition in this state concerning an action pending in
another state under Utah Rules of Civil Procedure, Rule 30 is $35.
(u) The fee for filing documents that require judicial approval but are not part of an
action before the court is $35.
(v) The fee for a petition to open a sealed record is $35.
(w) The fee for a writ of replevin, attachment, execution, or garnishment is $50 in
addition to any fee for a complaint or petition.
(x) (i) The fee for a petition for authorization for a minor to marry required by Section
30-1-9
 is $5.
(ii) The fee for a petition for emancipation of a minor provided in Title 80, Chapter 7,
Emancipation, is $50.
(y) The fee for a certificate issued under Section [
26-2-25
] 
26B-8-128
 is $8.
(z) The fee for a certified copy of a document is $4 per document plus 50 cents per
page.
(aa) The fee for an exemplified copy of a document is $6 per document plus 50 cents
per page.
(bb) The Judicial Council shall, by rule, establish a schedule of fees for copies of
documents and forms and for the search and retrieval of records under Title 63G, Chapter 2,
Government Records Access and Management Act. Fees under Subsection (1)(bb) and (cc)
shall be credited to the court as a reimbursement of expenditures.
(cc) The Judicial Council may, by rule, establish a reasonable fee to allow members of
the public to conduct a limited amount of searches on the Xchange database without having to
pay a monthly subscription fee.
(dd) There is no fee for services or the filing of documents not listed in this section or
otherwise provided by law.
(ee) Except as provided in this section, all fees collected under this section are paid to
the General Fund. Except as provided in this section, all fees shall be paid at the time the clerk
accepts the pleading for filing or performs the requested service.
(ff) The filing fees under this section may not be charged to the state, the state's
agencies, or political subdivisions filing or defending any action. In judgments awarded in
favor of the state, its agencies, or political subdivisions, except the Office of Recovery
Services, the court shall order the filing fees and collection costs to be paid by the judgment
debtor. The sums collected under this Subsection (1)(ff) shall be applied to the fees after credit
to the judgment, order, fine, tax, lien, or other penalty and costs permitted by law.
(2) (a) (i) From March 17, 1994, until June 30, 1998, the state court administrator shall
transfer all revenues representing the difference between the fees in effect after May 2, 1994,
and the fees in effect before February 1, 1994, as dedicated credits to the Division of Facilities
Construction and Management Capital Projects Fund.
(ii) (A) Except as provided in Subsection (2)(a)(ii)(B), the Division of Facilities
Construction and Management shall use up to $3,750,000 of the revenue deposited into the
Capital Projects Fund under this Subsection (2)(a) to design and take other actions necessary to
initiate the development of a courts complex in Salt Lake City.
(B) If the Legislature approves funding for construction of a courts complex in Salt
Lake City in the 1995 Annual General Session, the Division of Facilities Construction and
Management shall use the revenue deposited into the Capital Projects Fund under this
Subsection (2)(a)(ii) to construct a courts complex in Salt Lake City.
(C) After the courts complex is completed and all bills connected with its construction
have been paid, the Division of Facilities Construction and Management shall use any money
remaining in the Capital Projects Fund under this Subsection (2)(a)(ii) to fund the Vernal
District Court building.
(iii) The Division of Facilities Construction and Management may enter into
agreements and make expenditures related to this project before the receipt of revenues
provided for under this Subsection (2)(a)(iii).
(iv) The Division of Facilities Construction and Management shall:
(A) make those expenditures from unexpended and unencumbered building funds
already appropriated to the Capital Projects Fund; and
(B) reimburse the Capital Projects Fund upon receipt of the revenues provided for
under this Subsection (2).
(b) After June 30, 1998, the state court administrator shall ensure that all revenues
representing the difference between the fees in effect after May 2, 1994, and the fees in effect
before February 1, 1994, are transferred to the Division of Finance for deposit in the restricted
account.
(c) The Division of Finance shall deposit all revenues received from the state court
administrator into the restricted account created by this section.
(d) (i) From May 1, 1995, until June 30, 1998, the state court administrator shall
transfer $7 of the amount of a fine or bail forfeiture paid for a violation of Title 41, Motor
Vehicles, in a court of record to the Division of Facilities Construction and Management
Capital Projects Fund. The division of money pursuant to Section 
78A-5-110
 shall be
calculated on the balance of the fine or bail forfeiture paid.
(ii) After June 30, 1998, the state court administrator or a municipality shall transfer $7
of the amount of a fine or bail forfeiture paid for a violation of Title 41, Motor Vehicles, in a
court of record to the Division of Finance for deposit in the restricted account created by this
section. The division of money pursuant to Section 
78A-5-110
 shall be calculated on the
balance of the fine or bail forfeiture paid.
(3) (a) There is created within the General Fund a restricted account known as the State
Courts Complex Account.
(b) The Legislature may appropriate money from the restricted account to the state
court administrator for the following purposes only:
(i) to repay costs associated with the construction of the court complex that were
funded from sources other than revenues provided for under this Subsection (3)(b)(i); and
(ii) to cover operations and maintenance costs on the court complex.
(4) (a) The requirement of a fee for filing a petition for expungement under Subsection
(1)(i) is suspended from May 4, 2022, to June 30, 2023.
(b) An individual may not be charged a fee for filing a petition for expungement during
the time period described in Subsection (4)(a).
Section 84. Section 
78A-5-201
 is amended to read:
78A-5-201.
Creation and expansion of existing drug court programs -- Definition
of drug court program -- Criteria for participation in drug court programs -- Reporting
requirements.
(1) There may be created a drug court program in any judicial district that
demonstrates:
(a) the need for a drug court program; and
(b) the existence of a collaborative strategy between the court, prosecutors, defense
counsel, corrections, and substance abuse treatment services to reduce substance abuse by
offenders.
(2) The collaborative strategy in each drug court program shall:
(a) include monitoring and evaluation components to measure program effectiveness;
and
(b) be submitted to, for the purpose of coordinating the disbursement of funding, the:
(i) executive director of the Department of [
Human Services
] 
Health and Human
Services
;
(ii) executive director of the Department of Corrections; and
(iii) state court administrator.
(3) (a) Funds disbursed to a drug court program shall be allocated as follows:
(i) 87% to the Department of [
Human Services
] 
Health and Human Services
 for
testing, treatment, and case management; and
(ii) 13% to the Administrative Office of the Courts for increased judicial and court
support costs.
(b) This provision does not apply to federal block grant funds.
(4) A drug court program shall include continuous judicial supervision using a
cooperative approach with prosecutors, defense counsel, corrections, substance abuse treatment
services, juvenile court probation, and the Division of Child and Family Services as appropriate
to promote public safety, protect participants' due process rights, and integrate substance abuse
treatment with justice system case processing.
(5) Screening criteria for participation in a drug court program shall include:
(a) a plea to, conviction of, or adjudication for a nonviolent drug offense or
drug-related offense;
(b) an agreement to frequent alcohol and other drug testing;
(c) participation in one or more substance abuse treatment programs; and
(d) an agreement to submit to sanctions for noncompliance with drug court program
requirements.
(6) (a) The Judicial Council shall develop rules prescribing eligibility requirements for
participation in adult criminal drug courts.
(b) Acceptance of an offender into a drug court shall be based on a risk and needs
assessment, without regard to the nature of the offense.
(c) A plea to, conviction of, or adjudication for a felony offense is not required for
participation in a drug court program.
Section 85. 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 any proceeding concerning:
(a) a child who is an abused child, neglected child, or dependent child;
(b) a protective order for a child in accordance with Title 78B, Chapter 7, Part 2, Child
Protective Orders;
(c) 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) the emancipation of a minor in accordance with Title 80, Chapter 7, Emancipation;
(e) 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) the treatment or commitment of a minor who has an intellectual disability;
(g) the judicial consent to the marriage of a minor who is 16 or 17 years old in
accordance with Section 
30-1-9
;
(h) an order for a parent or a guardian of a child under Subsection 
80-6-705
(3);
(i) a minor under Title 80, Chapter 6, Part 11, Interstate Compact for Juveniles;
(j) the treatment or commitment of a child with a mental illness;
(k) the commitment of a child to a secure drug or alcohol facility in accordance with
Section [
62A-15-301
] 
26B-5-204
;
(l) a minor found not competent to proceed in accordance with Title 80, Chapter 6, Part
4, Competency;
(m) de novo review of final agency actions resulting from an informal adjudicative
proceeding as provided in Section 
63G-4-402
;
(n) 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) an ungovernable or runaway child who is referred to the juvenile court by the
Division of Juvenile Justice 
and Youth
 Services if, despite earnest and persistent efforts by the
Division of Juvenile Justice 
and Youth
 Services, the child has demonstrated that the child:
(i) 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) has run away from home; and
(p) 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.
(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).
(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 86. Section 
78A-6-208
 is amended to read:
78A-6-208.
Mental health evaluations -- Duty of administrator.
(1) The chief administrative officer of the juvenile court, with the approval of the
board, and the executive director of the Department of [
Health
] 
Health and Human Services
,
and director of the [
Division of Substance Abuse
] 
Office of Substance Use
 and Mental Health
shall from time to time agree upon an appropriate plan:
(a) for obtaining mental health services and health services for the juvenile court from
the state and local health departments and programs of mental health; and
(b) for assistance by the Department of [
Health
] 
Health and Human Services
 or the
[
Division of Substance Abuse
] 
Office of Substance Use
 and Mental Health in securing for the
juvenile court special health, mental health, juvenile competency evaluations, and related
services including community mental health services not already available from the
Department of [
Health
] 
Health and Human Services
 and the [
Division of Substance Abuse
]
Office of Substance Use
 and Mental Health.
(2) The Legislature may provide an appropriation to the Department of [
Health
] 
Health
and Human Services
 and the [
Division of Substance Abuse
] 
Office of Substance Use
 and
Mental Health for the services under Subsection (1).
Section 87. 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
] 
Division of Licensing and Background Checks
 for the
purpose of conducting a background check in accordance with Section [
62A-2-120
]
26B-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
]
Health and Human Services
 for the purpose of evaluating under the provisions of Subsection
[
26-39-404
(3)
] 
26B-2-406
(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
] 
Health and Human Services'
 inspection of records
before the Department of [
Health
] 
Health and Human Services
 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
]
Health and Human Services
 to determine whether an individual meets the background
screening requirements of [
Title 26, Chapter 21, Part 2, Clearance for Direct Patient Access
]
Sections 
26B-2-238
 through 
26B-2-241
, 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
] 
Health and Human Services'
 inspection of records
before the Department of [
Health
] 
Health and Human Services
 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
]
Health and Human Services
 to determine whether to grant, deny, or revoke background
clearance under Section [
26-8a-310
] 
26B-4-124
 for an individual who is seeking or who has
obtained an emergency medical service personnel license under Section [
26-8a-302
]
26B-4-116
, with the understanding that the Department of [
Health
] 
Health and Human
Services
 must provide the individual who committed the offense an opportunity to respond to
any information gathered from the Department of [
Health's
] 
Health and Human Services'
inspection of records before the Department of [
Health
] 
Health and Human Services
 makes a
determination.
(3) With the consent of the juvenile court, a court record may be inspected by the child,
by persons having a legitimate interest in the proceedings, and by persons conducting pertinent
research studies.
(4) If a petition is filed charging a minor who is 14 years old or older with an offense
that would be a felony if committed by an adult, the juvenile court shall make available to any
person upon request the petition, any adjudication or disposition orders, and the delinquency
history summary of the minor charged unless the records are closed by the juvenile court upon
findings on the record for good cause.
(5) A juvenile probation officer's records and reports of social and clinical studies are
not open to inspection, except by consent of the juvenile court, given under rules adopted by
the board.
(6) The juvenile court may charge a reasonable fee to cover the costs associated with
retrieving a requested record that has been archived.
Section 88. Section 
78A-6-356
 is amended to read:
78A-6-356.
Child support obligation when custody of a child is vested in an
individual or institution.
(1) As used in this section:
(a) "Office" means the Office of Recovery Services.
(b) "State custody" means that a child is in the custody of a state department, division,
or agency, including secure care.
(2) Under this section, a juvenile court may not issue a child support order against an
individual unless:
(a) the individual is served with notice that specifies the date and time of a hearing to
determine the financial support of a specified child;
(b) the individual makes a voluntary appearance; or
(c) the individual submits a waiver of service.
(3) Except as provided in Subsection (11), when a juvenile court places a child in state
custody or if the guardianship of the child has been granted to another party and an agreement
for a guardianship subsidy has been signed by the guardian, the juvenile court:
(a) shall order the child's parent, guardian, or other obligated individual to pay child
support for each month the child is in state custody or cared for under a grant of guardianship;
(b) shall inform the child's parent, guardian, or other obligated individual, verbally and
in writing, of the requirement to pay child support in accordance with Title 78B, Chapter 12,
Utah Child Support Act; and
(c) may refer the establishment of a child support order to the office.
(4) When a juvenile court chooses to refer a case to the office to determine support
obligation amounts in accordance with Title 78B, Chapter 12, Utah Child Support Act, the
juvenile court shall:
(a) make the referral within three working days after the day on which the juvenile
court holds the hearing described in Subsection (2)(a); and
(b) inform the child's parent, guardian, or other obligated individual of:
(i) the requirement to contact the office within 30 days after the day on which the
juvenile court holds the hearing described in Subsection (2)(a); and
(ii) the penalty described in Subsection (6) for failure to contact the office.
(5) Liability for child support ordered under Subsection (3) shall accrue:
(a) except as provided in Subsection (5)(b), beginning on day 61 after the day on which
the juvenile court holds the hearing described in Subsection (2)(a) if there is no existing child
support order for the child; or
(b) beginning on the day the child is removed from the child's home, including time
spent in detention or sheltered care, if the child is removed after having been returned to the
child's home from state custody.
(6) (a) If the child's parent, guardian, or other obligated individual contacts the office
within 30 days after the day on which the court holds the hearing described in Subsection
(2)(a), the child support order may not include a judgment for past due support for more than
two months.
(b) Notwithstanding Subsections (5) and (6)(a), the juvenile court may order the
liability of support to begin to accrue from the date of the proceeding referenced in Subsection
(3) if:
(i) the court informs the child's parent, guardian, or other obligated individual, as
described in Subsection (4)(b), and the parent, guardian, or other obligated individual fails to
contact the office within 30 days after the day on which the court holds the hearing described in
Subsection (2)(a); and
(ii) the office took reasonable steps under the circumstances to contact the child's
parent, guardian, or other obligated individual within 30 days after the last day on which the
parent, guardian, or other obligated individual was required to contact the office to facilitate the
establishment of a child support order.
(c) For purposes of Subsection (6)(b)(ii), the office is presumed to have taken
reasonable steps if the office:
(i) has a signed, returned receipt for a certified letter mailed to the address of the child's
parent, guardian, or other obligated individual regarding the requirement that a child support
order be established; or
(ii) has had a documented conversation, whether by telephone or in person, with the
child's parent, guardian, or other obligated individual regarding the requirement that a child
support order be established.
(7) In collecting arrears, the office shall comply with Section [
62A-11-320
] 
26B-9-219
in setting a payment schedule or demanding payment in full.
(8) (a) Unless a court orders otherwise, the child's parent, guardian, or other obligated
individual shall pay the child support to the office.
(b) The clerk of the juvenile court, the office, or the department and the department's
divisions shall have authority to receive periodic payments for the care and maintenance of the
child, such as social security payments or railroad retirement payments made in the name of or
for the benefit of the child.
(9) An existing child support order payable to a parent or other individual shall be
assigned to the department as provided in Section [
62A-1-117
] 
26B-9-111
.
(10) (a) Subsections (4) through (9) do not apply if legal custody of a child is vested by
the juvenile court in an individual.
(b) (i) If legal custody of a child is vested by the juvenile court in an individual, the
court may order the child's parent, guardian, or other obligated individual to pay child support
to the individual in whom custody is vested.
(ii) In the same proceeding, the juvenile court shall inform the child's parent, guardian,
or other obligated individual, verbally and in writing, of the requirement to pay child support in
accordance with Title 78B, Chapter 12, Utah Child Support Act.
(11) The juvenile court may not order an individual to pay child support for a child in
state custody if:
(a) the individual's only form of income is a government-issued disability benefit;
(b) the benefit described in Subsection (11)(a) is issued because of the individual's
disability, and not the child's disability; and
(c) the individual provides the juvenile court and the office evidence that the individual
meets the requirements of Subsections (11)(a) and (b).
(12) (a) The child's parent or another obligated individual is not responsible for child
support for the period of time that the child is removed from the child's home by the Division
of Child and Family Services if:
(i) the juvenile court finds that there were insufficient grounds for the removal of the
child; and
(ii) the child is returned to the home of the child's parent or guardian based on the
finding described in Subsection (12)(a)(i).
(b) If the juvenile court finds insufficient grounds for the removal of the child under
Subsection (12)(a), but that the child is to remain in state custody, the juvenile court shall order
that the child's parent or another obligated individual is responsible for child support beginning
on the day on which it became improper to return the child to the home of the child's parent or
guardian.
(13) After the juvenile court or the office establishes an individual's child support
obligation ordered under Subsection (3), the office shall waive the obligation without further
order of the juvenile court if:
(a) the individual's child support obligation is established under the low income table
in Section 
78B-12-302
 or 
78B-12-304
; or
(b) the individual's only source of income is a means-tested, income replacement
payment of aid, including:
(i) cash assistance provided under Title 35A, Chapter 3, Part 3, Family Employment
Program; or
(ii) cash benefits received under General Assistance, social security income, or social
security disability income.
Section 89. Section 
78B-3-403
 is amended to read:
78B-3-403.
Definitions.
As used in this part:
(1) "Audiologist" means a person licensed to practice audiology under Title 58,
Chapter 41, Speech-Language Pathology and Audiology Licensing Act.
(2) "Certified social worker" means a person licensed to practice as a certified social
worker under Section 
58-60-205
.
(3) "Chiropractic physician" means a person licensed to practice chiropractic under
Title 58, Chapter 73, Chiropractic Physician Practice Act.
(4) "Clinical social worker" means a person licensed to practice as a clinical social
worker under Section 
58-60-205
.
(5) "Commissioner" means the commissioner of insurance as provided in Section
31A-2-102
.
(6) "Dental hygienist" means a person licensed to engage in the practice of dental
hygiene as defined in Section 
58-69-102
.
(7) "Dental care provider" means any person, partnership, association, corporation, or
other facility or institution who causes to be rendered or who renders dental care or
professional services as a dentist, dental hygienist, or other person rendering similar care and
services relating to or arising out of the practice of dentistry or the practice of dental hygiene,
and the officers, employees, or agents of any of the above acting in the course and scope of
their employment.
(8) "Dentist" means a person licensed to engage in the practice of dentistry as defined
in Section 
58-69-102
.
(9) "Division" means the Division of Professional Licensing created in Section
58-1-103
.
(10) "Future damages" includes a judgment creditor's damages for future medical
treatment, care or custody, loss of future earnings, loss of bodily function, or future pain and
suffering.
(11) "Health care" means any act or treatment performed or furnished, or which should
have been performed or furnished, by any health care provider for, to, or on behalf of a patient
during the patient's medical care, treatment, or confinement.
(12) "Health care facility" means general acute hospitals, specialty hospitals, home
health agencies, hospices, nursing care facilities, assisted living facilities, birthing centers,
ambulatory surgical facilities, small health care facilities, health care facilities owned or
operated by health maintenance organizations, and end stage renal disease facilities.
(13) "Health care provider" includes any person, partnership, association, corporation,
or other facility or institution who causes to be rendered or who renders health care or
professional services as a hospital, health care facility, physician, physician assistant, registered
nurse, licensed practical nurse, nurse-midwife, licensed direct-entry midwife, dentist, dental
hygienist, optometrist, clinical laboratory technologist, pharmacist, physical therapist, physical
therapist assistant, podiatric physician, psychologist, chiropractic physician, naturopathic
physician, osteopathic physician, osteopathic physician and surgeon, audiologist,
speech-language pathologist, clinical social worker, certified social worker, social service
worker, marriage and family counselor, practitioner of obstetrics, licensed athletic trainer, or
others rendering similar care and services relating to or arising out of the health needs of
persons or groups of persons and officers, employees, or agents of any of the above acting in
the course and scope of their employment.
(14) "Hospital" means a public or private institution licensed under [
Title 26, Chapter
21, Health Care Facility Licensing and Inspection Act
] 
Title 26B, Chapter 2, Part 2, Health
Care Facility Licensing and Inspection
.
(15) "Licensed athletic trainer" means a person licensed under Title 58, Chapter 40a,
Athletic Trainer Licensing Act.
(16) "Licensed direct-entry midwife" means a person licensed under the Direct-entry
Midwife Act to engage in the practice of direct-entry midwifery as defined in Section
58-77-102
.
(17) "Licensed practical nurse" means a person licensed to practice as a licensed
practical nurse as provided in Section 
58-31b-301
.
(18) "Malpractice action against a health care provider" means any action against a
health care provider, whether in contract, tort, breach of warranty, wrongful death, or
otherwise, based upon alleged personal injuries relating to or arising out of health care rendered
or which should have been rendered by the health care provider.
(19) "Marriage and family therapist" means a person licensed to practice as a marriage
therapist or family therapist under Sections 
58-60-305
 and 
58-60-405
.
(20) "Naturopathic physician" means a person licensed to engage in the practice of
naturopathic medicine as defined in Section 
58-71-102
.
(21) "Nurse-midwife" means a person licensed to engage in practice as a nurse midwife
under Section 
58-44a-301
.
(22) "Optometrist" means a person licensed to practice optometry under Title 58,
Chapter 16a, Utah Optometry Practice Act.
(23) "Osteopathic physician" means a person licensed to practice osteopathy under
Title 58, Chapter 68, Utah Osteopathic Medical Practice Act.
(24) "Patient" means a person who is under the care of a health care provider, under a
contract, express or implied.
(25) "Periodic payments" means the payment of money or delivery of other property to
a judgment creditor at intervals ordered by the court.
(26) "Pharmacist" means a person licensed to practice pharmacy as provided in Section
58-17b-301
.
(27) "Physical therapist" means a person licensed to practice physical therapy under
Title 58, Chapter 24b, Physical Therapy Practice Act.
(28) "Physical therapist assistant" means a person licensed to practice physical therapy,
within the scope of a physical therapist assistant license, under Title 58, Chapter 24b, Physical
Therapy Practice Act.
(29) "Physician" means a person licensed to practice medicine and surgery under Title
58, Chapter 67, Utah Medical Practice Act.
(30) "Physician assistant" means a person licensed to practice as a physician assistant
under Title 58, Chapter 70a, Utah Physician Assistant Act.
(31) "Podiatric physician" means a person licensed to practice podiatry under Title 58,
Chapter 5a, Podiatric Physician Licensing Act.
(32) "Practitioner of obstetrics" means a person licensed to practice as a physician in
this state under Title 58, Chapter 67, Utah Medical Practice Act, or under Title 58, Chapter 68,
Utah Osteopathic Medical Practice Act.
(33) "Psychologist" means a person licensed under Title 58, Chapter 61, Psychologist
Licensing Act, to engage in the practice of psychology as defined in Section 
58-61-102
.
(34) "Registered nurse" means a person licensed to practice professional nursing as
provided in Section 
58-31b-301
.
(35) "Relative" means a patient's spouse, parent, grandparent, stepfather, stepmother,
child, grandchild, brother, sister, half brother, half sister, or spouse's parents. The term
includes relationships that are created as a result of adoption.
(36) "Representative" means the spouse, parent, guardian, trustee, attorney-in-fact,
person designated to make decisions on behalf of a patient under a medical power of attorney,
or other legal agent of the patient.
(37) "Social service worker" means a person licensed to practice as a social service
worker under Section 
58-60-205
.
(38) "Speech-language pathologist" means a person licensed to practice
speech-language pathology under Title 58, Chapter 41, Speech-Language Pathology and
Audiology Licensing Act.
(39) "Tort" means any legal wrong, breach of duty, or negligent or unlawful act or
omission proximately causing injury or damage to another.
(40) "Unanticipated outcome" means the outcome of a medical treatment or procedure
that differs from an expected result.
Section 90. Section 
78B-3-405
 is amended to read:
78B-3-405.
Amount of award reduced by amounts of collateral sources available
to plaintiff -- No reduction where subrogation right exists -- Collateral sources defined --
Procedure to preserve subrogation rights -- Evidence admissible -- Exceptions.
(1) In all malpractice actions against health care providers as defined in Section
78B-3-403
 in which damages are awarded to compensate the plaintiff for losses sustained, the
court shall reduce the amount of the award by the total of all amounts paid to the plaintiff from
all collateral sources which are available to him. No reduction may be made for collateral
sources for which a subrogation right exists as provided in this section nor shall there be a
reduction for any collateral payment not included in the award of damages.
(2) Upon a finding of liability and an awarding of damages by the trier of fact, the court
shall receive evidence concerning the total amounts of collateral sources which have been paid
to or for the benefit of the plaintiff or are otherwise available to him. The court shall also take
testimony of any amount which has been paid, contributed, or forfeited by, or on behalf of the
plaintiff or members of his immediate family to secure his right to any collateral source benefit
which he is receiving as a result of his injury, and shall offset any reduction in the award by
those amounts. Evidence may not be received and a reduction may not be made with respect to
future collateral source benefits except as specified in Subsection (5).
(3) For purposes of this section "collateral source" means payments made to or for the
benefit of the plaintiff for:
(a) medical expenses and disability payments payable under the United States Social
Security Act, any federal, state, or local income disability act, or any other public program,
except the federal programs which are required by law to seek subrogation;
(b) any health, sickness, or income replacement insurance, automobile accident
insurance that provides health benefits or income replacement coverage, and any other similar
insurance benefits, except life insurance benefits available to the plaintiff, whether purchased
by the plaintiff or provided by others;
(c) any contract or agreement of any person, group, organization, partnership, or
corporation to provide, pay for, or reimburse the costs of hospital, medical, dental, or other
health care services, except benefits received as gifts, contributions, or assistance made
gratuitously; and
(d) any contractual or voluntary wage continuation plan provided by employers or any
other system intended to provide wages during a period of disability.
(4) To preserve subrogation rights for amounts paid or received prior to settlement or
judgment, a provider of collateral sources shall, at least 30 days before settlement or trial of the
action, serve a written notice upon each health care provider against whom the malpractice
action has been asserted. The written notice shall state:
(a) the name and address of the provider of collateral sources;
(b) the amount of collateral sources paid;
(c) the names and addresses of all persons who received payment; and
(d) the items and purposes for which payment has been made.
(5) Evidence is admissible of government programs that provide payments or benefits
available in the future to or for the benefit of the plaintiff to the extent available irrespective of
the recipient's ability to pay. Evidence of the likelihood or unlikelihood that the programs,
payments, or benefits will be available in the future is also admissible. The trier of fact may
consider the evidence in determining the amount of damages awarded to a plaintiff for future
expenses.
(6) A provider of collateral sources is not entitled to recover any amount of benefits
from a health care provider, the plaintiff, or any other person or entity as reimbursement for
collateral source payments made prior to settlement or judgment, including any payments made
under [
Title 26, Chapter 19, Medical Benefits Recovery Act
] 
Title 26B, Chapter 3, Part 10,
Medical Benefits Recovery
, except to the extent that subrogation rights to amounts paid prior
to settlement or judgment are preserved as provided in this section.
(7) All policies of insurance providing benefits affected by this section are construed in
accordance with this section.
Section 91. Section 
78B-3-701
 is amended to read:
78B-3-701.
Definitions.
As used in this part:
(1) "Disability" has the same meaning as defined in Section [
62A-5b-102
] 
26B-6-801
.
(2) "Search and rescue dog" means a dog:
(a) with documented training to locate persons who are:
(i) lost, missing, or injured; or
(ii) trapped under debris as the result of a natural or man-made event; and
(b) affiliated with an established search and rescue dog organization.
(3) "Service animal" means:
(a) a service animal, as defined in Section [
62A-5b-102
] 
26B-6-801
; or
(b) a search and rescue dog.
Section 92. Section 
78B-4-501
 is amended to read:
78B-4-501.
Good Samaritan Law.
(1) As used in this section:
(a) "Child" means an individual of such an age that a reasonable person would perceive
the individual as unable to open the door of a locked motor vehicle, but in any case younger
than 18 years of age.
(b) "Emergency" means an unexpected occurrence involving injury, threat of injury, or
illness to a person or the public, including motor vehicle accidents, disasters, actual or
threatened discharges, removal or disposal of hazardous materials, and other accidents or
events of a similar nature.
(c) "Emergency care" includes actual assistance or advice offered to avoid, mitigate, or
attempt to mitigate the effects of an emergency.
(d) "First responder" means a state or local:
(i) law enforcement officer, as defined in Section 
53-13-103
;
(ii) firefighter, as defined in Section 
34A-3-113
; or
(iii) emergency medical service provider, as defined in Section [
26-8a-102
] 
26B-4-101
.
(e) "Motor vehicle" means the same as that term is defined in Section 
41-1a-102
.
(2) A person who renders emergency care at or near the scene of, or during, an
emergency, gratuitously and in good faith, is not liable for any civil damages or penalties as a
result of any act or omission by the person rendering the emergency care, unless the person is
grossly negligent or caused the emergency.
(3) (a) A person who gratuitously, and in good faith, assists a governmental agency or
political subdivision in an activity described in Subsections (3)(a)(i) through (iii) is not liable
for any civil damages or penalties as a result of any act or omission, unless the person
rendering assistance is grossly negligent in:
(i) implementing measures to control the causes of epidemic and communicable
diseases and other conditions significantly affecting the public health, or necessary to protect
the public health as set out in Title 26A, Chapter 1, Local Health Departments;
(ii) investigating and controlling suspected bioterrorism and disease as set out in [
Title
26, Chapter 23b, Detection of Public Health Emergencies Act
] 
Title 26B, Chapter 7, Part 3,
Treatment, Isolation, and Quarantine Procedures for Communicable Diseases
; and
(iii) responding to a national, state, or local emergency, a public health emergency as
defined in Section [
26-23b-102
] 
26B-7-301
, or a declaration by the president of the United
States or other federal official requesting public health-related activities.
(b) The immunity in this Subsection (3) is in addition to any immunity or protection in
state or federal law that may apply.
(4) (a) A person who uses reasonable force to enter a locked and unattended motor
vehicle to remove a confined child is not liable for damages in a civil action if all of the
following apply:
(i) the person has a good faith belief that the confined child is in imminent danger of
suffering physical injury or death unless the confined child is removed from the motor vehicle;
(ii) the person determines that the motor vehicle is locked and there is no reasonable
manner in which the person can remove the confined child from the motor vehicle;
(iii) before entering the motor vehicle, the person notifies a first responder of the
confined child;
(iv) the person does not use more force than is necessary under the circumstances to
enter the motor vehicle and remove the confined child from the vehicle; and
(v) the person remains with the child until a first responder arrives at the motor vehicle.
(b) A person is not immune from civil liability under this Subsection (4) if the person
fails to abide by any of the provisions of Subsection (4)(a) or commits any unnecessary or
malicious damage to the motor vehicle.
Section 93. Section 
78B-5-618
 is amended to read:
78B-5-618.
Patient access to medical records -- Third party access to medical
records.
(1) As used in this section:
(a) "Health care provider" means the same as that term is defined in Section
78B-3-403
.
(b) "Indigent individual" means an individual whose household income is at or below
100% of the federal poverty level as defined in Section [
26-18-3.9
] 
26B-3-113
.
(c) "Inflation" means the unadjusted Consumer Price Index, as published by the Bureau
of Labor Statistics of the United States Department of Labor, that measures the average
changes in prices of goods and services purchased by urban wage earners and clerical workers.
(d) "Qualified claim or appeal" means a claim or appeal under any:
(i) provision of the Social Security Act as defined in Section 
67-11-2
; or
(ii) federal or state financial needs-based benefit program.
(2) Pursuant to Standards for Privacy of Individually Identifiable Health Information,
45 C.F.R., Parts 160 and 164, a patient or a patient's personal representative may inspect or
receive a copy of the patient's records from a health care provider when that health care
provider is governed by the provisions of 45 C.F.R., Parts 160 and 164.
(3) When a health care provider is not governed by Standards for Privacy of
Individually Identifiable Health Information, 45 C.F.R., Parts 160 and 164, a patient or a
patient's personal representative may inspect or receive a copy of the patient's records unless
access to the records is restricted by law or judicial order.
(4) A health care provider who provides a paper or electronic copy of a patient's
records to the patient or the patient's personal representative:
(a) shall provide the copy within the deadlines required by the Health Insurance
Portability and Accountability Act of 1996, Administrative Simplification rule, 45 C.F.R. Sec.
164.524(b); and
(b) may charge a reasonable cost-based fee provided that the fee includes only the cost
of:
(i) copying, including the cost of supplies for and labor of copying; and
(ii) postage, when the patient or patient's personal representative has requested the copy
be mailed.
(5) Except for records provided by a health care provider under Section [
26-1-37
]
26B-8-411
, a health care provider who provides a copy of a patient's records to a patient's
attorney, legal representative, or other third party authorized to receive records:
(a) shall provide the copy within 30 days after receipt of notice; and
(b) may charge a reasonable fee for paper or electronic copies, but may not exceed the
following rates:
(i) $30 per request for locating a patient's records;
(ii) reproduction charges may not exceed 53 cents per page for the first 40 pages and 32
cents per page for each additional page;
(iii) the cost of postage when the requester has requested the copy be mailed;
(iv) if requested, the health care provider will certify the record as a duplicate of the
original for a fee of $20; and
(v) any sales tax owed under Title 59, Chapter 12, Sales and Use Tax Act.
(6) Except for records provided under Section [
26-1-37
] 
26B-8-411
, a contracted third
party service that provides medical records, other than a health care provider under Subsections
(4) and (5), who provides a copy of a patient's records to a patient's attorney, legal
representative, or other third party authorized to receive records:
(a) shall provide the copy within 30 days after the request; and
(b) may charge a reasonable fee for paper or electronic copies, but may not exceed the
following rates:
(i) $30 per request for locating a patient's records;
(ii) reproduction charges may not exceed 53 cents per page for the first 40 pages and 32
cents per page for each additional page;
(iii) the cost of postage when the requester has requested the copy be mailed;
(iv) if requested, the health care provider or the health care provider's contracted third
party service will certify the record as a duplicate of the original for a fee of $20; and
(v) any sales tax owed under Title 59, Chapter 12, Sales and Use Tax Act.
(7) A health care provider or the health care provider's contracted third party service
shall deliver the medical records in the electronic medium customarily used by the health care
provider or the health care provider's contracted third party service or in a universally readable
image such as portable document format:
(a) if the patient, patient's personal representative, or a third party authorized to receive
the records requests the records be delivered in an electronic medium; and
(b) the original medical record is readily producible in an electronic medium.
(8) (a) Except as provided in Subsections (8)(b) and (c), the per page fee in Subsections
(4), (5), and (6) applies to medical records reproduced electronically or on paper.
(b) The per page fee for producing a copy of records in an electronic medium shall be
50% of the per page fee otherwise provided in this section, regardless of whether the original
medical records are stored in electronic format.
(c) (i) A health care provider or a health care provider's contracted third party service
shall deliver the medical records in the electronic medium customarily used by the health care
provider or the health care provider's contracted third party service or in a universally readable
image, such as portable document format, if the patient, patient's personal representative,
patient's attorney, legal representative, or a third party authorized to receive the records,
requests the records be delivered in an electronic medium.
(ii) An entity providing requested information under Subsection (8)(c)(i):
(A) shall provide the requested information within 30 days; and
(B) may not charge a fee for the electronic copy that exceeds $150 regardless of the
number of pages and regardless of whether the original medical records are stored in electronic
format.
(9) (a) On January 1 of each year, the state treasurer shall adjust the following fees for
inflation:
(i) the fee for providing patient's records under:
(A) Subsections (5)(b)(i) through (ii); and
(B) Subsections (6)(b)(i) through (ii); and
(ii) the maximum amount that may be charged for an electronic copy under Subsection
(8)(c)(ii)(B).
(b) On or before January 30 of each year, the state treasurer shall:
(i) certify the inflation-adjusted fees and maximum amounts calculated under this
section; and
(ii) notify the Administrative Office of the Courts of the information described in
Subsection (9)(b)(i) for posting on the court's website.
(10) Notwithstanding Subsections (4) through (6), if a request for a medical record is
accompanied by documentation of a qualified claim or appeal, a health care provider or the
health care provider's contracted third party service:
(a) may not charge a fee for the first copy of the record for each date of service that is
necessary to support the qualified claim or appeal in each calendar year;
(b) for a second or subsequent copy in a calendar year of a date of service that is
necessary to support the qualified claim or appeal, may charge a reasonable fee that may not:
(i) exceed 60 cents per page for paper photocopies;
(ii) exceed a reasonable cost for copies of X-ray photographs and other health care
records produced by similar processes;
(iii) include an administrative fee or additional service fee related to the production of
the medical record; or
(iv) exceed the fee provisions for an electronic copy under Subsection (8)(c); and
(c) shall provide the health record within 30 days after the day on which the request is
received by the health care provider.
(11) (a) Except as otherwise provided in Subsections (4) through (6), a health care
provider or the health care provider's contracted third party service shall waive all fees under
this section for an indigent individual.
(b) A health care provider or the health care provider's contracted third party service
may require the indigent individual or the indigent individual's authorized representative to
provide proof that the individual is an indigent individual by executing an affidavit.
(c) (i) An indigent individual that receives copies of a medical record at no charge
under this Subsection (11) is limited to one copy for each date of service for each health care
provider, or the health care provider's contracted third party service, in each calendar year.
(ii) Any request for additional copies in addition to the one copy allowed under
Subsection (11)(c) is subject to the fee provisions described in Subsection (10).
(12) By January 1, 2023, a health care provider and all of the health care provider's
contracted third party health related services shall accept a properly executed form described in
[
Title 26, Chapter 70, Standard Health Record Access Form
] 
Section 
26B-8-514
.
Section 94. Section 
78B-5-902
 is amended to read:
78B-5-902.
Definitions.
As used in this part:
(1) "Communication" means an oral statement, written statement, note, record, report,
or document made during, or arising out of, a meeting between a law enforcement officer,
firefighter, emergency medical service provider, or rescue provider and a peer support team
member.
(2) "Behavioral emergency services technician" means an individual who is licensed
under Section [
26-8a-302
] 
26B-4-116
 as:
(a) a behavioral emergency services technician; or
(b) an advanced behavioral emergency services technician.
(3) "Emergency medical service provider or rescue unit peer support team member"
means a person who is:
(a) an emergency medical service provider as defined in Section [
26-8a-102
]
26B-4-101
, a regular or volunteer member of a rescue unit acting as an emergency responder as
defined in Section 
53-2a-502
, or another person who has been trained in peer support skills;
and
(b) designated by the chief executive of an emergency medical service agency or the
chief of a rescue unit as a member of an emergency medical service provider's peer support
team or as a member of a rescue unit's peer support team.
(4) "Law enforcement or firefighter peer support team member" means a person who
is:
(a) a peace officer, law enforcement dispatcher, civilian employee, or volunteer
member of a law enforcement agency, a regular or volunteer member of a fire department, or
another person who has been trained in peer support skills; and
(b) designated by the commissioner of the Department of Public Safety, the executive
director of the Department of Corrections, a sheriff, a police chief, or a fire chief as a member
of a law enforcement agency's peer support team or a fire department's peer support team.
(5) "Trained" means a person who has successfully completed a peer support training
program approved by the Peace Officer Standards and Training Division, the State Fire
Marshal's Office, or the Department of Health and Human Services, as applicable.
Section 95. Section 
78B-5-904
 is amended to read:
78B-5-904.
Exclusions for certain communications.
In accordance with the Utah Rules of Evidence, a behavioral emergency services
technician may refuse to disclose communications made by an individual during the delivery of
behavioral emergency services as defined in Section [
26-8a-102
] 
26B-4-101
.
Section 96. Section 
78B-6-103
 is amended to read:
78B-6-103.
Definitions.
As used in this part:
(1) "Adoptee" means a person who:
(a) is the subject of an adoption proceeding; or
(b) has been legally adopted.
(2) "Adoption" means the judicial act that:
(a) creates the relationship of parent and child where it did not previously exist; and
(b) except as provided in Subsections 
78B-6-138
(2) and (4), terminates the parental
rights of any other person with respect to the child.
(3) "Adoption document" means an adoption-related document filed with the office, a
petition for adoption, a decree of adoption, an original birth certificate, or evidence submitted
in support of a supplementary birth certificate.
(4) "Adoption service provider" means:
(a) a child-placing agency;
(b) a licensed counselor who has at least one year of experience providing professional
social work services to:
(i) adoptive parents;
(ii) prospective adoptive parents; or
(iii) birth parents; or
(c) the Office of Licensing within the Department of [
Human Services
] 
Health and
Human Services
.
(5) "Adoptive parent" means an individual who has legally adopted an adoptee.
(6) "Adult" means an individual who is 18 years of age or older.
(7) "Adult adoptee" means an adoptee who is 18 years of age or older and was adopted
as a minor.
(8) "Adult sibling" means an adoptee's brother or sister, who is 18 years of age or older
and whose birth mother or father is the same as that of the adoptee.
(9) "Birth mother" means the biological mother of a child.
(10) "Birth parent" means:
(a) a birth mother;
(b) a man whose paternity of a child is established;
(c) a man who:
(i) has been identified as the father of a child by the child's birth mother; and
(ii) has not denied paternity; or
(d) an unmarried biological father.
(11) "Child-placing agency" means an agency licensed to place children for adoption
under [
Title 62A, Chapter 2, Licensure of Programs and Facilities
] 
Title 26B, Chapter 2, Part 1,
Human Services Programs and Facilities
.
(12) "Cohabiting" means residing with another person and being involved in a sexual
relationship with that person.
(13) "Division" means the Division of Child and Family Services, within the
Department of [
Human Services
] 
Health and Human Services
, created in Section 
80-2-201
.
(14) "Extra-jurisdictional child-placing agency" means an agency licensed to place
children for adoption by a district, territory, or state of the United States, other than Utah.
(15) "Genetic and social history" means a comprehensive report, when obtainable, that
contains the following information on an adoptee's birth parents, aunts, uncles, and
grandparents:
(a) medical history;
(b) health status;
(c) cause of and age at death;
(d) height, weight, and eye and hair color;
(e) ethnic origins;
(f) where appropriate, levels of education and professional achievement; and
(g) religion, if any.
(16) "Health history" means a comprehensive report of the adoptee's health status at the
time of placement for adoption, and medical history, including neonatal, psychological,
physiological, and medical care history.
(17) "Identifying information" means information that is in the possession of the office
and that contains the name and address of a pre-existing parent or an adult adoptee, or other
specific information that by itself or in reasonable conjunction with other information may be
used to identify a pre-existing parent or an adult adoptee, including information on a birth
certificate or in an adoption document.
(18) "Licensed counselor" means an individual who is licensed by the state, or another
state, district, or territory of the United States as a:
(a) certified social worker;
(b) clinical social worker;
(c) psychologist;
(d) marriage and family therapist;
(e) clinical mental health counselor; or
(f) an equivalent licensed professional of another state, district, or territory of the
United States.
(19) "Man" means a male individual, regardless of age.
(20) "Mature adoptee" means an adoptee who is adopted when the adoptee is an adult.
(21) "Office" means the Office of Vital Records and Statistics within the Department
of [
Health
] 
Health and Human Services
 operating under [
Title 26, Chapter 2, Utah Vital
Statistics Act
] 
Title 26B, Chapter 8, Part 1, Vital Statistics
.
(22) "Parent," for purposes of Section 
78B-6-119
, means any person described in
Subsections 
78B-6-120
(1)(b) through (f) from whom consent for adoption or relinquishment
for adoption is required under Sections 
78B-6-120
 through 
78B-6-122
.
(23) "Potential birth father" means a man who:
(a) is identified by a birth mother as a potential biological father of the birth mother's
child, but whose genetic paternity has not been established; and
(b) was not married to the biological mother of the child described in Subsection
(23)(a) at the time of the child's conception or birth.
(24) "Pre-existing parent" means:
(a) a birth parent; or
(b) an individual who, before an adoption decree is entered, is, due to an earlier
adoption decree, legally the parent of the child being adopted.
(25) "Prospective adoptive parent" means an individual who seeks to adopt an adoptee.
(26) "Relative" means:
(a) an adult who is a grandparent, great grandparent, aunt, great aunt, uncle, great
uncle, brother-in-law, sister-in-law, stepparent, first cousin, stepsibling, sibling of a child, or
first cousin of a child's parent; and
(b) in the case of a child defined as an "Indian child" under the Indian Child Welfare
Act, 25 U.S.C. Sec. 1903, an "extended family member" as defined by that statute.
(27) "Unmarried biological father" means a man who:
(a) is the biological father of a child; and
(b) was not married to the biological mother of the child described in Subsection
(27)(a) at the time of the child's conception or birth.
Section 97. Section 
78B-6-113
 is amended to read:
78B-6-113.
Prospective adoptive parent not a resident -- Preplacement
requirements.
(1) When an adoption petition is to be finalized in this state with regard to any
prospective adoptive parent who is not a resident of this state at the time a child is placed in
that person's home, the prospective adoptive parent shall comply with the provisions of
Sections 
78B-6-128
 and 
78B-6-130
.
(2) Except as provided in Subsection 
78B-6-131
(2), in addition to the other
requirements of this section, before a child in state custody is placed with a prospective foster
parent or a prospective adoptive parent, the Department of [
Human Services
] 
Health and
Human Services
 shall comply with Section 
78B-6-131
.
Section 98. Section 
78B-6-124
 is amended to read:
78B-6-124.
Persons who may take consents and relinquishments.
(1) A consent or relinquishment by a birth mother or an adoptee shall be signed before:
(a) a judge of any court that has jurisdiction over adoption proceedings;
(b) subject to Subsection (6), a person appointed by the judge described in Subsection
(1)(a) to take consents or relinquishments; or
(c) subject to Subsection (6), a person who is authorized by a child-placing agency to
take consents or relinquishments, if the consent or relinquishment grants legal custody of the
child to a child-placing agency or an extra-jurisdictional child-placing agency.
(2) If the consent or relinquishment of a birth mother or adoptee is taken out of state it
shall be signed before:
(a) subject to Subsection (6), a person who is authorized by a child-placing agency to
take consents or relinquishments, if the consent or relinquishment grants legal custody of the
child to a child-placing agency or an extra-jurisdictional child-placing agency;
(b) subject to Subsection (6), a person authorized or appointed to take consents or
relinquishments by a court of this state that has jurisdiction over adoption proceedings;
(c) a court that has jurisdiction over adoption proceedings in the state where the
consent or relinquishment is taken; or
(d) a person authorized, under the laws of the state where the consent or relinquishment
is taken, to take consents or relinquishments of a birth mother or adoptee.
(3) The consent or relinquishment of any other person or agency as required by Section
78B-6-120
 may be signed before a Notary Public or any person authorized to take a consent or
relinquishment under Subsection (1) or (2).
(4) A person, authorized by Subsection (1) or (2) to take consents or relinquishments,
shall certify to the best of his information and belief that the person executing the consent or
relinquishment has read and understands the consent or relinquishment and has signed it freely
and voluntarily.
(5) A person executing a consent or relinquishment is entitled to receive a copy of the
consent or relinquishment.
(6) A signature described in Subsection (1)(b), (1)(c), (2)(a), or (2)(b), shall be:
(a) notarized; or
(b) witnessed by two individuals who are not members of the birth mother's or the
adoptee's immediate family.
(7) Except as provided in Subsection [
62A-2-108.6
(2)
] 
26B-2-127
(2)
, a transfer of
relinquishment from one child-placing agency to another child-placing agency shall be signed
before a Notary Public.
Section 99. Section 
78B-6-128
 is amended to read:
78B-6-128.
Preplacement adoptive evaluations -- Exceptions.
(1) (a) Except as otherwise provided in this section, a child may not be placed in an
adoptive home until a preplacement adoptive evaluation, assessing the prospective adoptive
parent and the prospective adoptive home, has been conducted in accordance with the
requirements of this section.
(b) Except as provided in Section 
78B-6-131
, the court may, at any time, authorize
temporary placement of a child in a prospective adoptive home pending completion of a
preplacement adoptive evaluation described in this section.
(c) (i) Subsection (1)(a) does not apply if a pre-existing parent has legal custody of the
child to be adopted and the prospective adoptive parent is related to that child or the
pre-existing parent as a stepparent, sibling by half or whole blood or by adoption, grandparent,
aunt, uncle, or first cousin, unless the court otherwise requests the preplacement adoption.
(ii) The prospective adoptive parent described in this Subsection (1)(c) shall obtain the
information described in Subsections (2)(a) and (b), and file that documentation with the court
prior to finalization of the adoption.
(d) (i) The preplacement adoptive evaluation shall be completed or updated within the
12-month period immediately preceding the placement of a child with the prospective adoptive
parent.
(ii) If the prospective adoptive parent has previously received custody of a child for the
purpose of adoption, the preplacement adoptive evaluation shall be completed or updated
within the 12-month period immediately preceding the placement of a child with the
prospective adoptive parent and after the placement of the previous child with the prospective
adoptive parent.
(2) The preplacement adoptive evaluation shall include:
(a) a criminal history background check regarding each prospective adoptive parent
and any other adult living in the prospective home, prepared no earlier than 18 months
immediately preceding placement of the child in accordance with the following:
(i) if the child is in state custody, each prospective adoptive parent and any other adult
living in the prospective home shall submit fingerprints to the Department of [
Human Services
]
Health and Human Services
, which shall perform a criminal history background check in
accordance with Section [
62A-2-120
] 
26B-2-120
; or
(ii) subject to Subsection (3), if the child is not in state custody, an adoption service
provider or an attorney representing a prospective adoptive parent shall submit fingerprints
from the prospective adoptive parent and any other adult living in the prospective home to the
Criminal and Technical Services Division of Public Safety for a regional and nationwide
background check, to the Office of Licensing within the Department of [
Human Services
]
Health and Human Services
 for a background check in accordance with Section [
62A-2-120
]
26B-2-120
, or to the Federal Bureau of Investigation;
(b) a report containing all information regarding reports and investigations of child
abuse, neglect, and dependency, with respect to each prospective adoptive parent and any other
adult living in the prospective home, obtained no earlier than 18 months immediately preceding
the day on which the child is placed in the prospective home, pursuant to waivers executed by
each prospective adoptive parent and any other adult living in the prospective home, that:
(i) if the prospective adoptive parent or the adult living in the prospective adoptive
parent's home is a resident of Utah, is prepared by the Department of [
Human Services
] 
Health
and Human Services
 from the records of the Department of [
Human Services
] 
Health and
Human Services
; or
(ii) if the prospective adoptive parent or the adult living in the prospective adoptive
parent's home is not a resident of Utah, prepared by the Department of [
Human Services
]
Health and Human Services
, or a similar agency in another state, district, or territory of the
United States, where each prospective adoptive parent and any other adult living in the
prospective home resided in the five years immediately preceding the day on which the child is
placed in the prospective adoptive home;
(c) in accordance with Subsection (6), a home study conducted by an adoption service
provider that is:
(i) an expert in family relations approved by the court;
(ii) a certified social worker;
(iii) a clinical social worker;
(iv) a marriage and family therapist;
(v) a psychologist;
(vi) a social service worker, if supervised by a certified or clinical social worker;
(vii) a clinical mental health counselor; or
(viii) an Office of Licensing employee within the Department of [
Human Services
]
Health and Human Services
 who is trained to perform a home study; and
(d) in accordance with Subsection (7), if the child to be adopted is a child who is in the
custody of any public child welfare agency, and is a child who has a special need as defined in
Section 
80-2-801
, the preplacement adoptive evaluation shall be conducted by the Department
of [
Human Services
] 
Health and Human Services
 or a child-placing agency that has entered
into a contract with the department to conduct the preplacement adoptive evaluations for
children with special needs.
(3) For purposes of Subsection (2)(a)(ii), subject to Subsection (4), the criminal history
background check described in Subsection (2)(a)(ii) shall be submitted in a manner acceptable
to the court that will:
(a) preserve the chain of custody of the results; and
(b) not permit tampering with the results by a prospective adoptive parent or other
interested party.
(4) In order to comply with Subsection (3), the manner in which the criminal history
background check is submitted shall be approved by the court.
(5) Except as provided in Subsection 
78B-6-131
(2), in addition to the other
requirements of this section, before a child in state custody is placed with a prospective foster
parent or a prospective adoptive parent, the Department of [
Human Services
] 
Health and
Human Services
 shall comply with Section 
78B-6-131
.
(6) (a) An individual described in Subsections (2)(c)(i) through (vii) shall be licensed
to practice under the laws of:
(i) this state; or
(ii) the state, district, or territory of the United States where the prospective adoptive
parent or other person living in the prospective adoptive home resides.
(b) Neither the Department of [
Human Services
] 
Health and Human Services
 nor any
of the department's divisions may proscribe who qualifies as an expert in family relations or
who may conduct a home study under Subsection (2)(c).
(c) The home study described in Subsection (2)(c) shall be a written document that
contains the following:
(i) a recommendation to the court regarding the suitability of the prospective adoptive
parent for placement of a child;
(ii) a description of in-person interviews with the prospective adoptive parent, the
prospective adoptive parent's children, and other individuals living in the home;
(iii) a description of character and suitability references from at least two individuals
who are not related to the prospective adoptive parent and with at least one individual who is
related to the prospective adoptive parent;
(iv) a medical history and a doctor's report, based upon a doctor's physical examination
of the prospective adoptive parent, made within two years before the date of the application;
and
(v) a description of an inspection of the home to determine whether sufficient space
and facilities exist to meet the needs of the child and whether basic health and safety standards
are maintained.
(7) Any fee assessed by the evaluating agency described in Subsection (2)(d) is the
responsibility of the adopting parent.
(8) The person conducting the preplacement adoptive evaluation shall, in connection
with the preplacement adoptive evaluation, provide the prospective adoptive parent with
literature approved by the Division of Child and Family Services relating to adoption, including
information relating to:
(a) the adoption process;
(b) developmental issues that may require early intervention; and
(c) community resources that are available to the prospective adoptive parent.
(9) A copy of the preplacement adoptive evaluation shall be filed with the court.
Section 100. Section 
78B-6-131
 is amended to read:
78B-6-131.
Child in custody of state -- Placement.
(1) Notwithstanding Sections 
78B-6-128
 through 
78B-6-130
, and except as provided in
Subsection (2), a child who is in the legal custody of the state may not be placed with a
prospective foster parent or a prospective adoptive parent, unless, before the child is placed
with the prospective foster parent or the prospective adoptive parent:
(a) a fingerprint based FBI national criminal history records check is conducted on the
prospective foster parent, prospective adoptive parent, and any other adult residing in the
household;
(b) the Department of [
Human Services
] 
Health and Human Services
 conducts a check
of the child abuse and neglect registry in each state where the prospective foster parent or
prospective adoptive parent resided in the five years immediately preceding the day on which
the prospective foster parent or prospective adoptive parent applied to be a foster parent or
adoptive parent, to determine whether the prospective foster parent or prospective adoptive
parent is listed in the registry as having a substantiated or supported finding of child abuse or
neglect;
(c) the Department of [
Human Services
] 
Health and Human Services
 conducts a check
of the child abuse and neglect registry of each state where each adult living in the home of the
prospective foster parent or prospective adoptive parent described in Subsection (1)(b) resided
in the five years immediately preceding the day on which the prospective foster parent or
prospective adoptive parent applied to be a foster parent or adoptive parent, to determine
whether the adult is listed in the registry as having a substantiated or supported finding of child
abuse or neglect; and
(d) each person required to undergo a background check described in this section
passes the background check, pursuant to the provisions of Section [
62A-2-120
] 
26B-2-120
.
(2) The requirements under Subsection (1) do not apply to the extent that:
(a) federal law or rule permits otherwise; or
(b) the requirements would prohibit the division or a court from placing a child with:
(i) a noncustodial parent, under Section 
80-2a-301
, 
80-3-302
, or 
80-3-303
; or
(ii) a relative, under Section 
80-2a-301
, 
80-3-302
, or 
80-3-303
, pending completion of
the background check described in Subsection (1).
Section 101. Section 
78B-6-142
 is amended to read:
78B-6-142.
Adoption order from foreign country.
(1) Except as otherwise provided by federal law, an adoption order rendered to a
resident of this state that is made by a foreign country shall be recognized by the courts of this
state and enforced as if the order were rendered by a court in this state.
(2) A person who adopts a child in a foreign country may register the order in this state. 
A petition for registration of a foreign adoption order may be combined with a petition for a
name change. If the court finds that the foreign adoption order meets the requirements of
Subsection (1), the court shall order the state registrar to:
(a) file the order pursuant to Section 
78B-6-137
; and
(b) file a certificate of birth for the child pursuant to Section [
26-2-28
] 
26B-8-131
.
(3) If a clerk of the court is unable to establish the fact, time, and place of birth from
the documentation provided, a person holding a direct, tangible, and legitimate interest as
described in Subsection [
26-2-22
(3)(a) or (b)
] 
26B-8-125
(3)(a) or (b)
 may petition for a court
order establishing the fact, time, and place of a birth pursuant to Subsection [
26-2-15
(1)
]
26B-8-119
(1)
.
Section 102. Section 
78B-7-205
 is amended to read:
78B-7-205.
Service -- Income withholding -- Expiration.
(1) If the court enters an ex parte child protective order or a child protective order, the
court shall:
(a) make reasonable efforts to ensure that the order is understood by the petitioner and
the respondent, if present;
(b) as soon as possible transmit the order to the county sheriff for service; and
(c) by the end of the next business day after the order is entered, transmit electronically
a copy of the order to any law enforcement agency designated by the petitioner and to the
statewide domestic violence network described in Section 
78B-7-113
.
(2) The county sheriff shall serve the order and transmit verification of service to the
statewide domestic violence network described in Section 
78B-7-113
 in an expeditious
manner. Any law enforcement agency may serve the order and transmit verification of service
to the statewide domestic violence network if the law enforcement agency has contact with the
respondent or if service by that law enforcement agency is in the best interests of the child.
(3) When an order is served on a respondent in a jail, prison, or other holding facility,
the law enforcement agency managing the facility shall notify the petitioner of the respondent's
release. Notice to the petitioner consists of a prompt, good faith effort to provide notice,
including mailing the notice to the petitioner's last-known address.
(4) Child support orders issued as part of a child protective order are subject to
mandatory income withholding under [
Title 62A, Chapter 11, Part 4, Income Withholding in
IV-D Cases, and Title 62A, Chapter 11, Part 5, Income Withholding in Non IV-D Cases
] 
Title
26B, Chapter 9, Part 3, Income Withholding in IV-D Cases, and Title 26B, Chapter 9, Part 4,
Income Withholding in Non IV-D Cases
.
(5) (a) A child protective order issued against a respondent who is a parent, stepparent,
guardian, or custodian of the child who is the subject of the order expires 150 days after the day
on which the order is issued unless a different date is set by the court.
(b) The court may not set a date on which a child protective order described in
Subsection (5)(a) expires that is more than 150 days after the day on which the order is issued
without a finding of good cause.
(c) The court may review and extend the expiration date of a child protective order
described in Subsection (5)(a), but may not extend the expiration date more than 150 days after
the day on which the order is issued without a finding of good cause.
(d) Notwithstanding Subsections (5)(a) through (c), a child protective order is not
effective after the day on which the child who is the subject of the order turns 18 years old and
the court may not extend the expiration date of a child protective order to a date after the day
on which the child who is the subject of the order turns 18 years old.
(6) A child protective order issued against a respondent who is not a parent, stepparent,
guardian, or custodian of the child who is the subject of the order expires on the day on which
the child turns 18 years old.
Section 103. Section 
78B-7-603
 is amended to read:
78B-7-603.
Cohabitant abuse protective orders -- Ex parte cohabitant abuse
protective orders -- Modification of orders -- Service of process -- Duties of the court.
(1) If it appears from a petition for a protective order or a petition to modify a
protective order that domestic violence or abuse has occurred, that there is a substantial
likelihood domestic violence or abuse will occur, or that a modification of a protective order is
required, a court may:
(a) without notice, immediately issue an ex parte cohabitant abuse protective order or
modify a protective order ex parte as the court considers necessary to protect the petitioner and
all parties named to be protected in the petition; or
(b) upon notice, issue a protective order or modify an order after a hearing, regardless
of whether the respondent appears.
(2) A court may grant the following relief without notice in a protective order or a
modification issued ex parte:
(a) enjoin the respondent from threatening to commit domestic violence or abuse,
committing domestic violence or abuse, or harassing the petitioner or any designated family or
household member;
(b) prohibit the respondent from telephoning, contacting, or otherwise communicating
with the petitioner or any designated family or household member, directly or indirectly, with
the exception of any parent-time provisions in the ex parte order;
(c) subject to Subsection (2)(e), prohibit the respondent from being within a specified
distance of the petitioner;
(d) subject to Subsection (2)(e), order that the respondent is excluded from and is to
stay away from the following places and their premises:
(i) the petitioner's residence or any designated family or household member's residence;
(ii) the petitioner's school or any designated family or household member's school;
(iii) the petitioner's or any designated family or household member's place of
employment;
(iv) the petitioner's place of worship or any designated family or household member's
place of worship; or
(v) any specified place frequented by the petitioner or any designated family or
household member;
(e) if the petitioner or designated family or household member attends the same school
as the respondent, is employed at the same place of employment as the respondent, or attends
the same place of worship, the court:
(i) may not enter an order under Subsection (2)(c) or (d) that excludes the respondent
from the respondent's school, place of employment, or place of worship; and
(ii) may enter an order governing the respondent's conduct at the respondent's school,
place of employment, or place of worship;
(f) upon finding that the respondent's use or possession of a weapon may pose a serious
threat of harm to the petitioner, prohibit the respondent from purchasing, using, or possessing a
firearm or other weapon specified by the court;
(g) order possession and use of an automobile and other essential personal effects, and
direct the appropriate law enforcement officer to accompany the petitioner to the residence of
the parties to ensure that the petitioner is safely restored to possession of the residence,
automobile, and other essential personal effects, or to supervise the petitioner's or respondent's
removal of personal belongings;
(h) order the respondent to maintain an existing wireless telephone contract or account;
(i) grant to the petitioner or someone other than the respondent temporary custody of a
minor child of the parties;
(j) order the appointment of an attorney guardian ad litem under Sections 
78A-2-703
and 
78A-2-803
;
(k) prohibit the respondent from physically injuring, threatening to injure, or taking
possession of a household animal that is owned or kept by the petitioner;
(l) prohibit the respondent from physically injuring or threatening to injure a household
animal that is owned or kept by the respondent;
(m) order any further relief that the court considers necessary to provide for the safety
and welfare of the petitioner and any designated family or household member; and
(n) if the petition requests child support or spousal support, at the hearing on the
petition order both parties to provide verification of current income, including year-to-date pay
stubs or employer statements of year-to-date or other period of earnings, as specified by the
court, and complete copies of tax returns from at least the most recent year.
(3) A court may grant the following relief in a cohabitant abuse protective order or a
modification of an order after notice and hearing, regardless of whether the respondent appears:
(a) grant the relief described in Subsection (2); and
(b) specify arrangements for parent-time of any minor child by the respondent and
require supervision of that parent-time by a third party or deny parent-time if necessary to
protect the safety of the petitioner or child.
(4) In addition to the relief granted under Subsection (3), the court may order the
transfer of a wireless telephone number in accordance with Section 
78B-7-117
.
(5) Following the cohabitant abuse protective order hearing, the court shall:
(a) as soon as possible, deliver the order to the county sheriff for service of process;
(b) make reasonable efforts to ensure that the cohabitant abuse protective order is
understood by the petitioner, and the respondent, if present;
(c) transmit electronically, by the end of the next business day after the order is issued,
a copy of the cohabitant abuse protective order to the local law enforcement agency or agencies
designated by the petitioner;
(d) transmit a copy of the order to the statewide domestic violence network described
in Section 
78B-7-113
; and
(e) if the individual is a respondent or defendant subject to a court order that meets the
qualifications outlined in 18 U.S.C. Sec. 922(g)(8), transmit within 48 hours, excluding
Saturdays, Sundays, and legal holidays, a record of the order to the Bureau of Criminal
Identification that includes:
(i) an agency record identifier;
(ii) the individual's name, sex, race, and date of birth;
(iii) the issue date, conditions, and expiration date for the protective order; and
(iv) if available, the individual's social security number, government issued driver
license or identification number, alien registration number, government passport number, state
identification number, or FBI number.
(6) Each protective order shall include two separate portions, one for provisions, the
violation of which are criminal offenses, and one for provisions, the violation of which are civil
offenses, as follows:
(a) criminal offenses are those under Subsections (2)(a) through (g), and under
Subsection (3)(a) as it refers to Subsections (2)(a) through (g); and
(b) civil offenses are those under Subsections (2)(h) through (l), Subsection (3)(a) as it
refers to Subsections (2)(h) through (l), and Subsection (3)(b).
(7) Child support and spouse support orders issued as part of a protective order are
subject to mandatory income withholding under [
Title 62A, Chapter 11, Part 4, Income
Withholding in IV-D Cases, and Title 62A, Chapter 11, Part 5, Income Withholding in Non
IV-D Cases
] 
Title 26B, Chapter 9, Part 3, Income Withholding in IV-D Cases, and Title 26B,
Chapter 9, Part 4, Income Withholding in Non IV-D Cases
, except when the protective order is
issued ex parte.
(8) (a) The county sheriff that receives the order from the court, under Subsection (5),
shall provide expedited service for protective orders issued in accordance with this part, and
shall transmit verification of service of process, when the order has been served, to the
statewide domestic violence network described in Section 
78B-7-113
.
(b) This section does not prohibit any law enforcement agency from providing service
of process if that law enforcement agency:
(i) has contact with the respondent and service by that law enforcement agency is
possible; or
(ii) determines that under the circumstances, providing service of process on the
respondent is in the best interests of the petitioner.
(9) (a) When an order is served on a respondent in a jail or other holding facility, the
law enforcement agency managing the facility shall make a reasonable effort to provide notice
to the petitioner at the time the respondent is released from incarceration.
(b) Notification of the petitioner shall consist of a good faith reasonable effort to
provide notification, including mailing a copy of the notification to the last-known address of
the victim.
(10) A court may modify or vacate a protective order or any provisions in the
protective order after notice and hearing, except that the criminal provisions of a cohabitant
abuse protective order may not be vacated within two years of issuance unless the petitioner:
(a) is personally served with notice of the hearing, as provided in the Utah Rules of
Civil Procedure, and the petitioner personally appears, in person or through court video
conferencing, before the court and gives specific consent to the vacation of the criminal
provisions of the cohabitant abuse protective order; or
(b) submits a verified affidavit, stating agreement to the vacation of the criminal
provisions of the cohabitant abuse protective order.
(11) A protective order may be modified without a showing of substantial and material
change in circumstances.
(12) A civil provision of a protective order described in Subsection (6) may be
dismissed or modified at any time in a divorce, parentage, custody, or guardianship proceeding
that is pending between the parties to the protective order action if:
(a) the parties stipulate in writing or on the record to dismiss or modify a civil
provision of the protective order; or
(b) the court in the divorce, parentage, custody, or guardianship proceeding finds good
cause to dismiss or modify the civil provision.
Section 104. Section 
78B-8-401
 is amended to read:
78B-8-401.
Definitions.
As used in this part:
(1) "Blood or contaminated body fluids" includes blood, saliva, amniotic fluid,
pericardial fluid, peritoneal fluid, pleural fluid, synovial fluid, cerebrospinal fluid, semen, and
vaginal secretions, and any body fluid visibly contaminated with blood.
(2) "COVID-19" means the same as that term is defined in Section 
78B-4-517
.
(3) "Disease" means Human Immunodeficiency Virus infection, acute or chronic
Hepatitis B infection, Hepatitis C infection, COVID-19 or another infectious disease that may
cause Severe Acute Respiratory Syndrome, and any other infectious disease specifically
designated by the Labor Commission, in consultation with the Department of [
Health
] 
Health
and Human Services
, for the purposes of this part.
(4) "Emergency services provider" means:
(a) an individual licensed under Section [
26-8a-302
] 
26B-4-116
, a peace officer, local
fire department personnel, or personnel employed by the Department of Corrections or by a
county jail, who provide prehospital emergency care for an emergency services provider either
as an employee or as a volunteer; or
(b) an individual who provides for the care, control, support, or transport of a prisoner.
(5) "First aid volunteer" means a person who provides voluntary emergency assistance
or first aid medical care to an injured person prior to the arrival of an emergency medical
services provider or peace officer.
(6) "Health care provider" means the same as that term is defined in Section
78B-3-403
.
(7) "Medical testing procedure" means a nasopharyngeal swab, a nasal swab, a
capillary blood sample, a saliva test, or a blood draw.
(8) "Peace officer" means the same as that term is defined in Section 
53-1-102
.
(9) "Prisoner" means the same as that term is defined in Section 
76-5-101
.
(10) "Significant exposure" and "significantly exposed" mean:
(a) exposure of the body of one individual to the blood or body fluids of another
individual by:
(i) percutaneous injury, including a needle stick, cut with a sharp object or instrument,
or a wound resulting from a human bite, scratch, or similar force; or
(ii) contact with an open wound, mucous membrane, or nonintact skin because of a cut,
abrasion, dermatitis, or other damage;
(b) exposure of the body of one individual to the body fluids, including airborne
droplets, of another individual if:
(i) the other individual displays symptoms known to be associated with COVID-19 or
another infectious disease that may cause Severe Acute Respiratory Syndrome; or
(ii) other evidence exists that would lead a reasonable person to believe that the other
individual may be infected with COVID-19 or another infectious disease that may cause Severe
Acute Respiratory Syndrome; or
(c) exposure that occurs by any other method of transmission defined by the Labor
Commission, in consultation with the Department of [
Health
] 
Health and Human Services
, as a
significant exposure.
Section 105. Section 
78B-8-402
 is amended to read:
78B-8-402.
Petition -- Disease testing -- Notice -- Payment for testing.
(1) An emergency services provider or first aid volunteer who is significantly exposed
during the course of performing the emergency services provider's duties or during the course
of performing emergency assistance or first aid, or a health care provider acting in the course
and scope of the health care provider's duties as a health care provider may:
(a) request that the person to whom the emergency services provider, first aid
volunteer, or health care provider was significantly exposed voluntarily submit to testing; or
(b) petition the district court or a magistrate for an order requiring that the person to
whom the emergency services provider, first aid volunteer, or health care provider was
significantly exposed submit to testing to determine the presence of a disease and that the
results of that test be disclosed to the petitioner by the Department of [
Health
] 
Health and
Human Services
.
(2) (a) A law enforcement agency may submit on behalf of the petitioner by electronic
or other means an ex parte request for a warrant ordering a medical testing procedure of the
respondent.
(b) The court or magistrate shall issue a warrant ordering the respondent to submit to a
medical testing procedure within two hours, and that reasonable force may be used, if
necessary, if the court or magistrate finds that:
(i) the petitioner was significantly exposed during the course of performing the
petitioner's duties as an emergency services provider, first aid volunteer, or health care
provider;
(ii) the respondent refused to give consent to the medical testing procedure or is unable
to give consent;
(iii) there may not be an opportunity to obtain a sample at a later date; and
(iv) a delay in administering available FDA-approved post-exposure treatment or
prophylaxis could result in a lack of effectiveness of the treatment or prophylaxis.
(c) (i) If the petitioner requests that the court order the respondent to submit to a blood
draw, the petitioner shall request a person authorized under Section 
41-6a-523
 to perform the
blood draw.
(ii) If the petitioner requests that the court order the respondent to submit to a medical
testing procedure, other than a blood draw, the petitioner shall request that a qualified medical
professional, including a physician, a physician's assistant, a registered nurse, a licensed
practical nurse, or a paramedic, perform the medical testing procedure.
(d) (i) A sample drawn in accordance with a warrant following an ex parte request shall
be sent to the Department of [
Health
] 
Health and Human Services
 for testing.
(ii) If the Department of [
Health
] 
Health and Human Services
 is unable to perform a
medical testing procedure ordered by the court under this section, a qualified medical
laboratory may perform the medical testing procedure if:
(A) the Department of [
Health
] 
Health and Human Services
 requests that the medical
laboratory perform the medical testing procedure; and
(B) the result of the medical testing procedure is provided to the Department of
[
Health
] 
Health and Human Services
.
(3) If a petitioner does not seek or obtain a warrant pursuant to Subsection (2), the
petitioner may file a petition with the district court seeking an order to submit to testing and to
disclose the results in accordance with this section.
(4) (a) The petition described in Subsection (3) shall be accompanied by an affidavit in
which the petitioner certifies that the petitioner has been significantly exposed to the individual
who is the subject of the petition and describes that exposure.
(b) The petitioner shall submit to testing to determine the presence of a disease, when
the petition is filed or within three days after the petition is filed.
(5) The petitioner shall cause the petition required under this section to be served on
the person who the petitioner is requesting to be tested in a manner that will best preserve the
confidentiality of that person.
(6) (a) The court shall set a time for a hearing on the matter within 10 days after the
petition is filed and shall give the petitioner and the individual who is the subject of the petition
notice of the hearing at least 72 hours prior to the hearing.
(b) The individual who is the subject of the petition shall also be notified that the
individual may have an attorney present at the hearing and that the individual's attorney may
examine and cross-examine witnesses.
(c) The hearing shall be conducted in camera.
(7) The district court may enter an order requiring that an individual submit to testing,
including a medical testing procedure, for a disease if the court finds probable cause to believe:
(a) the petitioner was significantly exposed; and
(b) the exposure occurred during the course of the emergency services provider's
duties, the provision of emergency assistance or first aid by a first aid volunteer, or the health
care provider acting in the course and scope of the provider's duties as a health care provider.
(8) The court may order that the use of reasonable force is permitted to complete an
ordered test if the individual who is the subject of the petition is a prisoner.
(9) The court may order that additional, follow-up testing be conducted and that the
individual submit to that testing, as it determines to be necessary and appropriate.
(10) The court is not required to order an individual to submit to a test under this
section if it finds that there is a substantial reason, relating to the life or health of the
individual, not to enter the order.
(11) (a) Upon order of the district court that an individual submit to testing for a
disease, that individual shall report to the designated local health department to provide the
ordered specimen within five days after the day on which the court issues the order, and
thereafter as designated by the court, or be held in contempt of court.
(b) The court shall send the order to the Department of [
Health
] 
Health and Human
Services
 and to the local health department ordered to conduct or oversee the test.
(c) Notwithstanding the provisions of Section [
26-6-27
] 
26B-7-217
, the Department of
[
Health
] 
Health and Human Services
 and a local health department may disclose the test results
pursuant to a court order as provided in this section.
(d) Under this section, anonymous testing as provided under Section [
26-6-3.5
]
26B-7-203
 may not satisfy the requirements of the court order.
(12) The local health department or the Department of [
Health
] 
Health and Human
Services
 shall inform the subject of the petition and the petitioner of the results of the test and
advise both parties that the test results are confidential. That information shall be maintained as
confidential by all parties to the action.
(13) The court, the court's personnel, the process server, the Department of [
Health
]
Health and Human Services
, local health department, and petitioner shall maintain
confidentiality of the name and any other identifying information regarding the individual
tested and the results of the test as they relate to that individual, except as specifically
authorized by this chapter.
(14) (a) Except as provided in Subsection (14)(b), the petitioner shall remit payment
for each test performed in accordance with this section to the entity that performs the
procedure.
(b) If the petitioner is an emergency services provider, the agency that employs the
emergency services provider shall remit payment for each test performed in accordance with
this section to the entity that performs the procedure.
(15) The entity that obtains a specimen for a test ordered under this section shall cause
the specimen and the payment for the analysis of the specimen to be delivered to the
Department of [
Health
] 
Health and Human Services
 for analysis.
(16) If the individual is incarcerated, the incarcerating authority shall either obtain a
specimen for a test ordered under this section or shall pay the expenses of having the specimen
obtained by a qualified individual who is not employed by the incarcerating authority.
(17) The ex parte request or petition shall be sealed upon filing and made accessible
only to the petitioner, the subject of the petition, and their attorneys, upon court order.
Section 106. Section 
78B-8-404
 is amended to read:
78B-8-404.
Department authority -- Rules.
The Labor Commission, in consultation with the Department of [
Health
] 
Health and
Human Services
, has authority to establish rules necessary for the purposes of Subsections
78B-8-401
(2) and (8).
Section 107. Section 
78B-10-106
 is amended to read:
78B-10-106.
Exceptions to privilege.
(1) There is no privilege under Section 
78B-10-104
 for a mediation communication
that is:
(a) in an agreement evidenced by a record signed by all parties to the agreement;
(b) available to the public under Title 63G, Chapter 2, Government Records Access
and Management Act, or made during a mediation session which is open, or is required by law
to be open, to the public;
(c) a threat or statement of a plan to inflict bodily injury or commit a crime of violence;
(d) intentionally used to plan a crime, attempt to commit or commit a crime, or to
conceal an ongoing crime or ongoing criminal activity;
(e) sought or offered to prove or disprove a claim or complaint of professional
misconduct or malpractice filed against a mediator;
(f) except as otherwise provided in Subsection (3), sought or offered to prove or
disprove a claim or complaint of professional misconduct or malpractice filed against a
mediation party, nonparty participant, or representative of a party based on conduct occurring
during a mediation; or
(g) subject to the reporting requirements in Section [
62A-3-305
] 
26B-6-205
 or
80-2-602
.
(2) There is no privilege under Section 
78B-10-104
 if a court, administrative agency, or
arbitrator finds, after a hearing in camera, that the party seeking discovery or the proponent of
the evidence has shown that:
(a) the evidence is not otherwise available;
(b) there is a need for the evidence that substantially outweighs the interest in
protecting confidentiality; and
(c) the mediation communication is sought or offered in:
(i) a court proceeding involving a felony or misdemeanor; or
(ii) except as otherwise provided in Subsection (3), a proceeding to prove a claim to
rescind or reform or a defense to avoid liability on a contract arising out of the mediation.
(3) A mediator may not be compelled to provide evidence of a mediation
communication referred to in Subsection (1)(f) or (2)(c)(ii).
(4) If a mediation communication is not privileged under Subsection (1) or (2), only
the portion of the communication necessary for the application of the exception from
nondisclosure may be admitted. Admission of evidence under Subsection (1) or (2) does not
render the evidence, or any other mediation communication, discoverable or admissible for any
other purpose.
Section 108. Section 
78B-12-102
 is amended to read:
78B-12-102.
Definitions.
As used in this chapter:
(1) "Adjusted gross income" means income calculated under Subsection
78B-12-204
(1).
(2) "Administrative agency" means the Office of Recovery Services or the Department
of [
Human Services
] 
Health and Human Services
.
(3) "Administrative order" means an order that has been issued by the Office of
Recovery Services, the Department of [
Human Services
] 
Health and Human Services
, or an
administrative agency of another state or other comparable jurisdiction with similar authority to
that of the office.
(4) "Base child support award" means the award that may be ordered and is calculated
using the guidelines before additions for medical expenses and work-related child care costs.
(5) "Base combined child support obligation table," "child support table," "base child
support obligation table," "low income table," or "table" means the appropriate table in Part 3,
Tables.
(6) "Cash medical support" means an obligation to equally share all reasonable and
necessary medical and dental expenses of children.
(7) "Child" means:
(a) a son or daughter under the age of 18 years who is not otherwise emancipated,
self-supporting, married, or a member of the armed forces of the United States;
(b) a son or daughter over the age of 18 years, while enrolled in high school during the
normal and expected year of graduation and not otherwise emancipated, self-supporting,
married, or a member of the armed forces of the United States; or
(c) a son or daughter of any age who is incapacitated from earning a living and, if able
to provide some financial resources to the family, is not able to support self by own means.
(8) "Child support" means a base child support award, or a monthly financial award for
uninsured medical expenses, ordered by a tribunal for the support of a child, including current
periodic payments, arrearages that accrue under an order for current periodic payments, and
sum certain judgments awarded for arrearages, medical expenses, and child care costs.
(9) "Child support order" or "support order" means a judgment, decree, or order of a
tribunal whether interlocutory or final, whether or not prospectively or retroactively modifiable,
whether incidental to a proceeding for divorce, judicial or legal separation, separate
maintenance, paternity, guardianship, civil protection, or otherwise that:
(a) establishes or modifies child support;
(b) reduces child support arrearages to judgment; or
(c) establishes child support or registers a child support order under Chapter 14, Utah
Uniform Interstate Family Support Act.
(10) "Child support services" or "IV-D child support services" means services provided
pursuant to Part D of Title IV of the Social Security Act, 42 U.S.C. Sec. 651 et seq.
(11) "Court" means the district court or juvenile court.
(12) "Guidelines" means the directions for the calculation and application of child
support in Part 2, Calculation and Adjustment.
(13) "Health care coverage" means coverage under which medical services are
provided to a dependent child through:
(a) fee for service;
(b) a health maintenance organization;
(c) a preferred provider organization;
(d) any other type of private health insurance; or
(e) public health care coverage.
(14) (a) "Income" means earnings, compensation, or other payment due to an
individual, regardless of source, whether denominated as wages, salary, commission, bonus,
pay, allowances, contract payment, or otherwise, including severance pay, sick pay, and
incentive pay.
(b) "Income" includes:
(i) all gain derived from capital assets, labor, or both, including profit gained through
sale or conversion of capital assets;
(ii) interest and dividends;
(iii) periodic payments made under pension or retirement programs or insurance
policies of any type;
(iv) unemployment compensation benefits;
(v) workers' compensation benefits; and
(vi) disability benefits.
(15) "Joint physical custody" means the child stays with each parent overnight for more
than 30% of the year, and both parents contribute to the expenses of the child in addition to
paying child support.
(16) "Medical expenses" means health and dental expenses and related insurance costs.
(17) "Obligee" means an individual, this state, another state, or another comparable
jurisdiction to whom child support is owed or who is entitled to reimbursement of child
support or public assistance.
(18) "Obligor" means a person owing a duty of support.
(19) "Office" means the Office of Recovery Services within the Department of [
Human
Services
] 
Health and Human Services
.
(20) "Parent" includes a natural parent, or an adoptive parent.
(21) "Pregnancy expenses" means an amount equal to:
(a) the sum of a pregnant mother's:
(i) health insurance premiums while pregnant that are not paid by an employer or
government program; and
(ii) medical costs related to the pregnancy, incurred after the date of conception and
before the pregnancy ends; minus
(b) any portion of the amount described in Subsection (21)(a) that a court determines is
equitable based on the totality of the circumstances, not including any amount paid by the
mother or father of the child.
(22) "Split custody" means that each parent has physical custody of at least one of the
children.
(23) "State" includes a state, territory, possession of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, Native American Tribe, or other comparable
domestic or foreign jurisdiction.
(24) "Temporary" means a period of time that is projected to be less than 12 months in
duration.
(25) "Third party" means an agency or a person other than the biological or adoptive
parent or a child who provides care, maintenance, and support to a child.
(26) "Tribunal" means the district court, the Department of [
Human Services
] 
Health
and Human Services
, Office of Recovery Services, or court or administrative agency of a state,
territory, possession of the United States, the District of Columbia, the Commonwealth of
Puerto Rico, Native American Tribe, or other comparable domestic or foreign jurisdiction.
(27) "Work-related child care costs" means reasonable child care costs for up to a
full-time work week or training schedule as necessitated by the employment or training of a
parent under Section 
78B-12-215
.
(28) "Worksheets" means the forms used to aid in calculating the base child support
award.
Section 109. Section 
78B-12-111
 is amended to read:
78B-12-111.
Court order -- Medical expenses of dependent children -- Assigning
responsibility for payment -- Insurance coverage -- Income withholding.
The court shall include the following in its order:
(1) a provision assigning responsibility for the payment of reasonable and necessary
medical expenses for the dependent children;
(2) a provision requiring the purchase and maintenance of appropriate insurance for the
medical expenses of dependent children, if coverage is or becomes available at a reasonable
cost; and
(3) provisions for income withholding, in accordance with [
Title 62A, Chapter 11, Part
4, Income Withholding in IV-D Cases,and Part 5, Income Withholding in Non IV-D Cases
]
Title 26B, Chapter 9, Part 3, Income Withholding in IV-D Cases, and Title 26B, Chapter 9,
Part 4, Income Withholding in Non IV-D Cases
.
Section 110. Section 
78B-12-112
 is amended to read:
78B-12-112.
Payment under child support order -- Judgment.
(1) All monthly payments of child support shall be due on the 1st day of each month
pursuant to [
Title 62A, Chapter 11, Part 3, Child Support Services Act, Part 4, Income
Withholding in IV-D Cases, and Part 5, Income Withholding in Non IV-D Cases
] 
Title 26B,
Chapter 9, Part 2, Child Support Services, Title 26B, Chapter 9, Part 3, Income Withholding in
IV-D Cases, and Title 26B, Chapter 9, Part 4, Income Withholding in Non IV-D Cases
.
(2) For purposes of child support services and income withholding pursuant to [
Title
62A, Chapter 11, Part 3, Child Support Services Act, and Part 4, Income Withholding in IV-D
Cases
] 
Title 26B, Chapter 9, Part 2, Child Support Services, and Title 26B, Chapter 9, Part 3,
Income Withholding in IV-D Cases
, child support is not considered past due until the 1st day
of the following month. For purposes other than those specified in Subsection (1) support shall
be payable 1/2 by the 5th day of each month and 1/2 by the 20th day of that month, unless the
order or decree provides for a different time for payment.
(3) Each payment or installment of child or spousal support under any support order, as
defined by Section 
78B-12-102
, is, on and after the date it is due:
(a) a judgment with the same attributes and effect of any judgment of a district court,
except as provided in Subsection (4);
(b) entitled, as a judgment, to full faith and credit in this and in any other jurisdiction;
and
(c) not subject to retroactive modification by this or any other jurisdiction, except as
provided in Subsection (4).
(4) A child or spousal support payment under a support order may be modified with
respect to any period during which a modification is pending, but only from the date of service
of the pleading on the obligee, if the obligor is the petitioner, or on the obligor, if the obligee is
the petitioner. If the tribunal orders that the support should be modified, the effective date of
the modification shall be the month following service on the parent whose support is affected. 
Once the tribunal determines that a modification is appropriate, the tribunal shall order a
judgment to be entered for any difference in the original order and the modified amount for the
period from the service of the pleading until the final order of modification is entered.
(5) The judgment provided for in Subsection (3)(a), to be effective and enforceable as a
lien against the real property interest of any third party relying on the public record, shall be
docketed in the district court in accordance with Sections 
78B-5-202
 and [
62A-11-312.5
]
26B-9-214
.
Section 111. Section 
78B-12-113
 is amended to read:
78B-12-113.
Enforcement of right of support.
(1) (a) The obligee may enforce his right of support against the obligor. The office
may proceed pursuant to this chapter or any other applicable statute on behalf of:
(i) the Department of [
Human Services
] 
Health and Human Services
;
(ii) any other department or agency of this state that provides public assistance, as
defined by Subsection [
62A-11-303
(3)
] 
26B-9-201
(4)
, to enforce the right to recover public
assistance; or
(iii) the obligee, to enforce the obligee's right of support against the obligor.
(b) Whenever any court action is commenced by the office to enforce payment of the
obligor's support obligation, the attorney general or the county attorney of the county of
residence of the obligee shall represent the office.
(2) (a) A person may not commence an action, file a pleading, or submit a written
stipulation to the court, without complying with Subsection (2)(b), if the purpose or effect of
the action, pleading, or stipulation is to:
(i) establish paternity;
(ii) establish or modify a support obligation;
(iii) change the court-ordered manner of payment of support;
(iv) recover support due or owing; or
(v) appeal issues regarding child support laws.
(b) (i) When taking an action described in Subsection (2)(a), a person must file an
affidavit with the court at the time the action is commenced, the pleading is filed, or the
stipulation is submitted stating whether child support services have been or are being provided
under Part IV of the Social Security Act, 42 U.S.C., Section 601 et seq., on behalf of a child
who is a subject of the action, pleading, or stipulation.
(ii) If child support services have been or are being provided, under Part IV of the
Social Security Act, 42 U.S.C., Section 601 et seq., the person shall mail a copy of the affidavit
and a copy of the pleading or stipulation to the Office of the Attorney General, Child Support
Division.
(iii) If notice is not given in accordance with this Subsection (2), the office is not
bound by any decision, judgment, agreement, or compromise rendered in the action. For
purposes of appeals, service must be made on the Office of the Director for the Office of
Recovery Services.
(c) If IV-D services have been or are being provided, that person shall join the office as
a party to the action, or mail or deliver a written request to the Office of the Attorney General,
Child Support Division asking the office to join as a party to the action. A copy of that request,
along with proof of service, shall be filed with the court. The office shall be represented as
provided in Subsection (1)(b).
(3) Neither the attorney general nor the county attorney represents or has an
attorney-client relationship with the obligee or the obligor in carrying out the duties under this
chapter.
Section 112. Section 
78B-12-216
 is amended to read:
78B-12-216.
Reduction for extended parent-time.
(1) The base child support award shall be:
(a) reduced by 50% for each child for time periods during which the child is with the
noncustodial parent by order of the court or by written agreement of the parties for at least 25
of any 30 consecutive days of extended parent-time; or
(b) 25% for each child for time periods during which the child is with the noncustodial
parent by order of the court, or by written agreement of the parties for at least 12 of any 30
consecutive days of extended parent-time.
(2) If the dependent child is a client of cash assistance provided under Title 35A,
Chapter 3, Part 3, Family Employment Program, any agreement by the parties for reduction of
child support during extended parent-time shall be approved by the administrative agency.
(3) Normal parent-time and holiday visits to the custodial parent shall not be
considered extended parent-time.
(4) For cases receiving IV-D child support services in accordance with [
Title 62A,
Chapter 11, Part 1, Office of Recovery Services, Part 3, Child Support Services Act, and Part 4,
Income Withholding in IV-D Cases
] 
Title 26B, Chapter 9, Part 1, Office of Recovery Services,
Title 26B, Chapter 9, Part 2, Child Support Services, and Title 26B, Chapter 9, Part 3, Income
Withholding in IV-D Cases
, to receive the adjustment the noncustodial parent shall provide
written documentation of the extended parent-time schedule, including the beginning and
ending dates, to the Office of Recovery Services in the form of either a court order or a
voluntary written agreement between the parties.
(5) If the noncustodial parent complies with Subsection (4), owes no past-due support,
and pays the full, unadjusted amount of current child support due for the month of scheduled
extended parent-time and the following month, the Office of Recovery Services shall refund
the difference from the child support due to the custodial parent or the state, between the full
amount of current child support received during the month of extended parent-time and the
adjusted amount of current child support due:
(a) from current support received in the month following the month of scheduled
extended parent-time; or
(b) from current support received in the month following the month written
documentation of the scheduled extended parent-time is provided to the office, whichever
occurs later.
(6) If the noncustodial parent complies with Subsection (4), owes past-due support, and
pays the full, unadjusted amount of current child support due for the month of scheduled
extended parent-time, the Office of Recovery Services shall apply the difference, from the child
support due to the custodial parent or the state, between the full amount of current child
support received during the month of extended parent-time and the adjusted amount of current
child support due, to the past-due support obligation in the case.
(7) For cases not receiving IV-D child support services in accordance with [
Title 62A,
Chapter 11, Part 1, Office of Recovery Services, Part 3, Child Support Services Act, and Part 4,
Income Withholding in IV-D Cases
] 
Title 26B, Chapter 9, Part 1, Office of Recovery Services,
Title 26B, Chapter 9, Part 2, Child Support Services, and Title 26B, Chapter 9, Part 3, Income
Withholding in IV-D Cases
, any potential adjustment of the support payment during the month
of extended visitation or any refund that may be due to the noncustodial parent from the
custodial parent, shall be resolved between the parents or through the court without
involvement by the Office of Recovery Services.
(8) For purposes of this section the per child amount to which the abatement applies
shall be calculated by dividing the base child support award by the number of children included
in the award.
(9) The reduction in this section does not apply to parents with joint physical custody
obligations calculated in accordance with Section 
78B-12-208
.
Section 113. Section 
78B-12-402
 is amended to read:
78B-12-402.
Duties -- Report -- Staff.
(1) The advisory committee shall review the child support guidelines to ensure the
application of the guidelines results in the determination of appropriate child support award
amounts.
(2) The advisory committee shall submit, in accordance with Section 
68-3-14
, a written
report to the legislative Judiciary Interim Committee on or before October 1, 2021, and then on
or before October 1 of every fourth year subsequently.
(3) The advisory committee's report shall include recommendations of the majority of
the advisory committee, as well as specific recommendations of individual members of the
advisory committee.
(4) Staff for the advisory committee shall be provided from the existing budget of the
Department of [
Human Services
] 
Health and Human Services
.
Section 114. Section 
78B-14-103
 is amended to read:
78B-14-103.
State tribunal and support enforcement agency.
(1) The district court and the Utah Department of [
Human Services
] 
Health and Human
Services
 are the tribunals of this state.
(2) The Utah Department of [
Human Services
] 
Health and Human Services
 is the state
support enforcement agency.
Section 115. Section 
78B-14-501
 is amended to read:
78B-14-501.
Employer's receipt of income-withholding order of another state.
An income-withholding order issued in another state may be sent by or on behalf of the
obligee, or by the support-enforcement agency, to the person defined as the obligor's employer
under [
Title 62A, Chapter 11, Part 4, Income Withholding in IV-D Cases, and Part 5, Income
Withholding in Non IV-D Cases
] 
Title 26B, Chapter 9, Part 3, Income Withholding in IV-D
Cases, and Title 26B, Chapter 9, Part 4, Income Withholding in Non IV-D Cases
, without first
filing a petition or comparable pleading or registering the order with a tribunal of this state.
Section 116. Section 
78B-14-605
 is amended to read:
78B-14-605.
Notice of registration of order.
(1) When a support order or income-withholding order issued in another state, or a
foreign support order, is registered, the registering tribunal of this state shall notify the
nonregistering party. The notice shall be accompanied by a copy of the registered order and the
documents and relevant information accompanying the order.
(2) A notice shall inform the nonregistering party:
(a) that a registered order is enforceable as of the date of registration in the same
manner as an order issued by a tribunal of this state;
(b) that a hearing to contest the validity or enforcement of the registered order shall be
requested within 20 days after notice, unless the registered order is under Section 
78B-14-707
;
(c) that failure to contest the validity or enforcement of the registered order in a timely
manner will result in confirmation of the order and enforcement of the order and the alleged
arrearages; and
(d) of the amount of any alleged arrearages.
(3) If the registering party asserts that two or more orders are in effect, a notice shall
also:
(a) identify the two or more orders and the order alleged by the registering party to be
the controlling order and the consolidated arrears, if any;
(b) notify the nonregistering party of the right to a determination of which is the
controlling order;
(c) state that the procedures provided in Subsection (2) apply to the determination of
which is the controlling order; and
(d) state that failure to contest the validity or enforcement of the order alleged to be the
controlling order in a timely manner may result in confirmation that the order is the controlling
order.
(4) Upon registration of an income-withholding order for enforcement, the support
enforcement agency or the registering tribunal shall notify the obligor's employer pursuant to
[
Title 62A, Chapter 11, Part 4, Income Withholding in IV-D Cases
] 
Title 26B, Chapter 9, Part
3, Income Withholding in IV-D Cases
.
Section 117. Section 
78B-14-703
 is amended to read:
78B-14-703.
Relationship of Department of Health and Human Services to
United States central authority.
The Utah Department of [
Human Services
] 
Health and Human Services
 is recognized
as the agency designated by the United States central authority to perform specific functions
under the convention.
Section 118. Section 
78B-14-704
 is amended to read:
78B-14-704.
Initiation by Department of Health and Human Services of support
proceeding under convention.
(1) In a support proceeding under this part, the Utah Department of [
Human Services
]
Health and Human Services
 shall:
(a) transmit and receive applications; and
(b) initiate or facilitate the institution of a proceeding regarding an application in a
tribunal of this state.
(2) The following support proceedings are available to an obligee under the
convention:
(a) recognition or recognition and enforcement of a foreign support order;
(b) enforcement of a support order issued or recognized in this state;
(c) establishment of a support order if there is no existing order, including, if
necessary, determination of parentage of a child;
(d) establishment of a support order if recognition of a foreign support order is refused
under Subsection 
78B-14-708
(2)(b), (d), or (i);
(e) modification of a support order of a tribunal of this state; and
(f) modification of a support order of a tribunal of another state or a foreign country.
(3) The following support proceedings are available under the convention to an obligor
against which there is an existing support order:
(a) recognition of an order suspending or limiting enforcement of an existing support
order of a tribunal of this state;
(b) modification of a support order of a tribunal of this state; and
(c) modification of a support order of a tribunal of another state or a foreign country.
(4) A tribunal of this state may not require security, bond, or deposit, however
described, to guarantee the payment of costs and expenses in proceedings under the
convention.
Section 119. Section 
78B-15-104
 is amended to read:
78B-15-104.
Jurisdiction -- Authority of Office of Recovery Services -- Dismissal
of petition.
(1) (a) Except as provided in Subsection 
78A-6-104
(1)(a)(i), the district court has
original jurisdiction over any action brought under this chapter.
(b) If the juvenile court has concurrent jurisdiction under Subsection
78A-6-104
(1)(a)(i) over a paternity action filed in the district court, the district court may
transfer jurisdiction over the paternity action to the juvenile court.
(2) The Office of Recovery Services is authorized to establish paternity in accordance
with this chapter, [
Title 62A, Chapter 11, Recovery Services
] 
Title 26B, Chapter 9, Recovery
Services and Administration of Child Support
, and Title 63G, Chapter 4, Administrative
Procedures Act.
(3) A court shall, without adjudicating paternity, dismiss a petition that is filed under
this chapter by an unmarried biological father if he is not entitled to consent to the adoption of
the child under Sections 
78B-6-121
 and 
78B-6-122
.
Section 120. Section 
78B-15-107
 is amended to read:
78B-15-107.
Effect.
An adjudication or declaration of paternity shall be filed with the state registrar in
accordance with Section [
26-2-5
] 
26B-8-104
.
Section 121. Section 
78B-24-203
 is amended to read:
78B-24-203.
Prohibited custody transfer.
(1) Except as provided in Subsection (2), a parent or guardian of a child, or an
individual with whom a child has been placed for adoption, may not transfer custody of the
child to another person with the intent, at the time of the transfer, to abandon the rights and
responsibilities concerning the child.
(2) A parent or guardian of a child or an individual with whom a child has been placed
for adoption may transfer custody of the child to another person with the intent, at the time of
the transfer, to abandon the rights and responsibilities concerning the child only through:
(a) adoption or guardianship;
(b) judicial award of custody;
(c) placement by or through a child-placing agency;
(d) other judicial or tribal action; or
(e) safe relinquishment under [
Title 62A, Chapter 4a, Part 8, Safe Relinquishment of a
Newborn Child
] 
Title 80, Chapter 4, Part 5, Safe Relinquishment of a Newborn Child
.
(3) (a) A person may not receive custody of a child, or act as an intermediary in a
transfer of custody of a child, if the person knows or reasonably should know the transfer
violates Subsection (1).
(b) This subsection does not apply if the person as soon as practicable after the transfer,
notifies the Division of Child and Family Services of the transfer or takes appropriate action to
establish custody under Subsection (2).
(4) A violation of this section is a class B misdemeanor.
(5) A violation of Subsection (1) is not established solely because a parent or guardian
that transfers custody of a child does not regain custody.
Section 122. Section 
78B-24-307
 is amended to read:
78B-24-307.
Child-placing agency compliance.
(1) The Office of Licensing, created in Section [
62A-2-103
] 
26B-2-103
, may
investigate an allegation that a child-placing agency has failed to comply with this part and
commence an action for injunctive or other relief or initiate administrative proceedings against
the child-placing agency to enforce this part.
(2) (a) The Office of Licensing may initiate a proceeding to determine whether a
child-placing agency has failed to comply with this part.
(b) If the Office of Licensing finds that the child-placing agency has failed to comply,
the Office of Licensing may suspend or revoke the child-placing agency's license or take other
action permitted by law of the state.
Section 123. Section 
78B-24-308
 is amended to read:
78B-24-308.
Rulemaking authority.
The Office of Licensing, created in Section [
62A-2-103
] 
26B-2-103
, may adopt rules
under Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to implement Sections
78B-24-303
, 
78B-24-304
, 
78B-24-305
, and 
78B-24-306
.
Section 124. Section 
79-2-404
 is amended to read:
79-2-404.
Contracting powers of department -- Health insurance coverage.
(1) As used in this section:
(a) "Aggregate" means the sum of all contracts, change orders, and modifications
related to a single project.
(b) "Change order" means the same as that term is defined in Section 
63G-6a-103
.
(c) "Employee" means, as defined in Section 
34A-2-104
, an "employee," "worker," or
"operative" who:
(i) works at least 30 hours per calendar week; and
(ii) meets employer eligibility waiting requirements for health care insurance, which
may not exceed the first day of the calendar month following 60 days after the day on which
the individual is hired.
(d) "Health benefit plan" means:
(i) the same as that term is defined in Section 
31A-1-301
; or
(ii) an employee welfare benefit plan:
(A) established under the Employee Retirement Income Security Act of 1974, 29
U.S.C. Sec. 1001 et seq.;
(B) for an employer with 100 or more employees; and
(C) in which the employer establishes a self-funded or partially self-funded group
health plan to provide medical care for the employer's employees and dependents of the
employees.
(e) "Qualified health coverage" means the same as that term is defined in Section
[
26-40-115
] 
26B-3-909
.
(f) "Subcontractor" means the same as that term is defined in Section 
63A-5b-605
.
(g) "Third party administrator" or "administrator" means the same as that term is
defined in Section 
31A-1-301
.
(2) Except as provided in Subsection (3), the requirements of this section apply to:
(a) a contractor of a design or construction contract entered into by, or delegated to, the
department or a division, board, or council of the department on or after July 1, 2009, if the
prime contract is in an aggregate amount equal to or greater than $2,000,000; and
(b) a subcontractor of a contractor of a design or construction contract entered into by,
or delegated to, the department or a division, board, or council of the department on or after
July 1, 2009, if the subcontract is in an aggregate amount equal to or greater than $1,000,000.
(3) This section does not apply to contracts entered into by the department or a
division, board, or council of the department if:
(a) the application of this section jeopardizes the receipt of federal funds;
(b) the contract or agreement is between:
(i) the department or a division, board, or council of the department; and
(ii) (A) another agency of the state;
(B) the federal government;
(C) another state;
(D) an interstate agency;
(E) a political subdivision of this state; or
(F) a political subdivision of another state; or
(c) the contract or agreement is:
(i) for the purpose of disbursing grants or loans authorized by statute;
(ii) a sole source contract; or
(iii) an emergency procurement.
(4) A person that intentionally uses change orders, contract modifications, or multiple
contracts to circumvent the requirements of this section is guilty of an infraction.
(5) (a) A contractor subject to the requirements of this section shall demonstrate to the
department that the contractor has and will maintain an offer of qualified health coverage for
the contractor's employees and the employees' dependents during the duration of the contract
by submitting to the department a written statement that:
(i) the contractor offers qualified health coverage that complies with Section
[
26-40-115
] 
26B-3-909
;
(ii) is from:
(A) an actuary selected by the contractor or the contractor's insurer;
(B) an underwriter who is responsible for developing the employer group's premium
rates; or
(C) if the contractor provides a health benefit plan described in Subsection (1)(d)(ii),
an actuary or underwriter selected by a third party administrator; and
(iii) was created within one year before the day on which the statement is submitted.
(b) (i) A contractor that provides a health benefit plan described in Subsection (1)(d)(ii)
shall provide the actuary or underwriter selected by an administrator, as described in
Subsection (5)(a)(ii)(C), sufficient information to determine whether the contractor's
contribution to the health benefit plan and the actuarial value of the health benefit plan meet the
requirements of qualified health coverage.
(ii) A contractor may not make a change to the contractor's contribution to the health
benefit plan, unless the contractor provides notice to:
(A) the actuary or underwriter selected by an administrator, as described in Subsection
(5)(a)(ii)(C), for the actuary or underwriter to update the written statement described in
Subsection (5)(a) in compliance with this section; and
(B) the department.
(c) A contractor that is subject to the requirements of this section shall:
(i) place a requirement in each of the contractor's subcontracts that a subcontractor that
is subject to the requirements of this section shall obtain and maintain an offer of qualified
health coverage for the subcontractor's employees and the employees' dependents during the
duration of the subcontract; and
(ii) obtain from a subcontractor that is subject to the requirements of this section a
written statement that:
(A) the subcontractor offers qualified health coverage that complies with Section
[
26-40-115
] 
26B-3-909
;
(B) is from an actuary selected by the subcontractor or the subcontractor's insurer, an
underwriter who is responsible for developing the employer group's premium rates, or if the
subcontractor provides a health benefit plan described in Subsection (1)(d)(ii), an actuary or
underwriter selected by an administrator; and
(C) was created within one year before the day on which the contractor obtains the
statement.
(d) (i) (A) A contractor that fails to maintain an offer of qualified health coverage
described in Subsection (5)(a) during the duration of the contract is subject to penalties in
accordance with administrative rules adopted by the department under Subsection (6).
(B) A contractor is not subject to penalties for the failure of a subcontractor to obtain
and maintain an offer of qualified health coverage described in Subsection (5)(c)(i).
(ii) (A) A subcontractor that fails to obtain and maintain an offer of qualified health
coverage described in Subsection (5)(c) during the duration of the subcontract is subject to
penalties in accordance with administrative rules adopted by the department under Subsection
(6).
(B) A subcontractor is not subject to penalties for the failure of a contractor to maintain
an offer of qualified health coverage described in Subsection (5)(a).
(6) The department shall adopt administrative rules:
(a) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
(b) in coordination with:
(i) the Department of Environmental Quality in accordance with Section 
19-1-206
;
(ii) a public transit district in accordance with Section 
17B-2a-818.5
;
(iii) the Division of Facilities Construction and Management in accordance with
Section 
63A-5b-607
;
(iv) the State Capitol Preservation Board in accordance with Section 
63C-9-403
;
(v) the Department of Transportation in accordance with Section 
72-6-107.5
; and
(vi) the Legislature's Administrative Rules Review and General Oversight Committee;
and
(c) that establish:
(i) the requirements and procedures a contractor and a subcontractor shall follow to
demonstrate compliance with this section, including:
(A) that a contractor or subcontractor's compliance with this section is subject to an
audit by the department or the Office of the Legislative Auditor General;
(B) that a contractor that is subject to the requirements of this section shall obtain a
written statement described in Subsection (5)(a); and
(C) that a subcontractor that is subject to the requirements of this section shall obtain a
written statement described in Subsection (5)(c)(ii);
(ii) the penalties that may be imposed if a contractor or subcontractor intentionally
violates the provisions of this section, which may include:
(A) a three-month suspension of the contractor or subcontractor from entering into
future contracts with the state upon the first violation;
(B) a six-month suspension of the contractor or subcontractor from entering into future
contracts with the state upon the second violation;
(C) an action for debarment of the contractor or subcontractor in accordance with
Section 
63G-6a-904
 upon the third or subsequent violation; and
(D) monetary penalties which may not exceed 50% of the amount necessary to
purchase qualified health coverage for an employee and a dependent of an employee of the
contractor or subcontractor who was not offered qualified health coverage during the duration
of the contract; and
(iii) a website on which the department shall post the commercially equivalent
benchmark, for the qualified health coverage identified in Subsection (1)(e), provided by the
Department of [
Health
] 
Health and Human Services
, in accordance with Subsection
[
26-40-115
(2)
] 
26B-3-909
(2)
.
(7) (a) (i) In addition to the penalties imposed under Subsection (6)(c)(ii), a contractor
or subcontractor who intentionally violates the provisions of this section is liable to the
employee for health care costs that would have been covered by qualified health coverage.
(ii) An employer has an affirmative defense to a cause of action under Subsection
(7)(a)(i) if:
(A) the employer relied in good faith on a written statement described in Subsection
(5)(a) or (5)(c)(ii); or
(B) the department determines that compliance with this section is not required under
the provisions of Subsection (3).
(b) An employee has a private right of action only against the employee's employer to
enforce the provisions of this Subsection (7).
(8) Any penalties imposed and collected under this section shall be deposited into the
Medicaid Restricted Account created in Section [
26-18-402
] 
26B-1-309
.
(9) The failure of a contractor or subcontractor to provide qualified health coverage as
required by this section:
(a) may not be the basis for a protest or other action from a prospective bidder, offeror,
or contractor under:
(i) Section 
63G-6a-1602
; or
(ii) any other provision in Title 63G, Chapter 6a, Utah Procurement Code; and
(b) may not be used by the procurement entity or a prospective bidder, offeror, or
contractor as a basis for any action or suit that would suspend, disrupt, or terminate the design
or construction.
(10) An administrator, including an administrator's actuary or underwriter, who
provides a written statement under Subsection (5)(a) or (c) regarding the qualified health
coverage of a contractor or subcontractor who provides a health benefit plan described in
Subsection (1)(d)(ii):
(a) subject to Subsection (10)(b), is not liable for an error in the written statement,
unless the administrator commits gross negligence in preparing the written statement;
(b) is not liable for any error in the written statement if the administrator relied in good
faith on information from the contractor or subcontractor; and
(c) may require as a condition of providing the written statement that a contractor or
subcontractor hold the administrator harmless for an action arising under this section.
Section 125. Section 
80-1-102
 is amended to read:
80-1-102.
Juvenile Code definitions.
Except as provided in Section 
80-6-1103
, as used in this title:
(1) (a) "Abuse" means:
(i) (A) nonaccidental harm of a child;
(B) threatened harm of a child;
(C) sexual exploitation;
(D) sexual abuse; or
(E) human trafficking of a child in violation of Section 
76-5-308.5
; or
(ii) that a child's natural parent:
(A) intentionally, knowingly, or recklessly causes the death of another parent of the
child;
(B) is identified by a law enforcement agency as the primary suspect in an investigation
for intentionally, knowingly, or recklessly causing the death of another parent of the child; or
(C) is being prosecuted for or has been convicted of intentionally, knowingly, or
recklessly causing the death of another parent of the child.
(b) "Abuse" does not include:
(i) reasonable discipline or management of a child, including withholding privileges;
(ii) conduct described in Section 
76-2-401
; or
(iii) the use of reasonable and necessary physical restraint or force on a child:
(A) in self-defense;
(B) in defense of others;
(C) to protect the child; or
(D) to remove a weapon in the possession of a child for any of the reasons described in
Subsections (1)(b)(iii)(A) through (C).
(2) "Abused child" means a child who has been subjected to abuse.
(3) (a) "Adjudication" means a finding by the court, incorporated in a decree, that the
facts alleged in the petition have been proved.
(b) "Adjudication" does not mean a finding of not competent to proceed in accordance
with Section 
80-6-402
.
(4) (a) "Adult" means an individual who is 18 years old or older.
(b) "Adult" does not include an individual:
(i) who is 18 years old or older; and
(ii) who is a minor.
(5) "Attorney guardian ad litem" means the same as that term is defined in Section
78A-2-801
.
(6) "Board" means the Board of Juvenile Court Judges.
(7) "Child" means, except as provided in Section 
80-2-905
, an individual who is under
18 years old.
(8) "Child and family plan" means a written agreement between a child's parents or
guardian and the Division of Child and Family Services as described in Section 
80-3-307
.
(9) "Child placing" means the same as that term is defined in Section [
62A-2-101
]
26B-2-101
.
(10) "Child-placing agency" means the same as that term is defined in Section
[
62A-2-101
] 
26B-2-101
.
(11) "Child protection team" means a team consisting of:
(a) the child welfare caseworker assigned to the case;
(b) if applicable, the child welfare caseworker who made the decision to remove the
child;
(c) a representative of the school or school district where the child attends school;
(d) if applicable, the law enforcement officer who removed the child from the home;
(e) a representative of the appropriate Children's Justice Center, if one is established
within the county where the child resides;
(f) if appropriate, and known to the division, a therapist or counselor who is familiar
with the child's circumstances;
(g) if appropriate, a representative of law enforcement selected by the chief of police or
sheriff in the city or county where the child resides; and
(h) any other individuals determined appropriate and necessary by the team coordinator
and chair.
(12) (a) "Chronic abuse" means repeated or patterned abuse.
(b) "Chronic abuse" does not mean an isolated incident of abuse.
(13) (a) "Chronic neglect" means repeated or patterned neglect.
(b) "Chronic neglect" does not mean an isolated incident of neglect.
(14) "Clandestine laboratory operation" means the same as that term is defined in
Section 
58-37d-3
.
(15) "Commit" or "committed" means, unless specified otherwise:
(a) with respect to a child, to transfer legal custody; and
(b) with respect to a minor who is at least 18 years old, to transfer custody.
(16) "Community-based program" means a nonsecure residential or nonresidential
program, designated to supervise and rehabilitate juvenile offenders, that prioritizes the least
restrictive setting, consistent with public safety, and operated by or under contract with the
Division of Juvenile Justice 
and Youth
 Services.
(17) "Community placement" means placement of a minor in a community-based
program described in Section 
80-5-402
.
(18) "Correctional facility" means:
(a) a county jail; or
(b) a secure correctional facility as defined in Section 
64-13-1
.
(19) "Criminogenic risk factors" means evidence-based factors that are associated with
a minor's likelihood of reoffending.
(20) "Department" means the Department of Health and Human Services created in
Section 
26B-1-201
.
(21) "Dependent child" or "dependency" means a child who is without proper care
through no fault of the child's parent, guardian, or custodian.
(22) "Deprivation of custody" means transfer of legal custody by the juvenile court
from a parent or a previous custodian to another person, agency, or institution.
(23) "Detention" means home detention or secure detention.
(24) "Detention facility" means a facility, established by the Division of Juvenile
Justice 
and Youth
 Services in accordance with Section 
80-5-501
, for minors held in detention.
(25) "Detention risk assessment tool" means an evidence-based tool established under
Section 
80-5-203
 that:
(a) assesses a minor's risk of failing to appear in court or reoffending before
adjudication; and
(b) is designed to assist in making a determination of whether a minor shall be held in
detention.
(26) "Developmental immaturity" means incomplete development in one or more
domains that manifests as a functional limitation in the minor's present ability to:
(a) consult with counsel with a reasonable degree of rational understanding; and
(b) have a rational as well as factual understanding of the proceedings.
(27) "Disposition" means an order by a juvenile court, after the adjudication of a
minor, under Section 
80-3-405
 or 
80-4-305
 or Chapter 6, Part 7, Adjudication and Disposition.
(28) "Educational neglect" means that, after receiving a notice of compulsory education
violation under Section 
53G-6-202
, the parent or guardian fails to make a good faith effort to
ensure that the child receives an appropriate education.
(29) "Educational series" means an evidence-based instructional series:
(a) obtained at a substance abuse program that is approved by the Division of
Integrated Healthcare in accordance with Section [
62A-15-105
] 
26B-5-104
; and
(b) designed to prevent substance use or the onset of a mental health disorder.
(30) "Emancipated" means the same as that term is defined in Section 
80-7-102
.
(31) "Evidence-based" means a program or practice that has had multiple randomized
control studies or a meta-analysis demonstrating that the program or practice is effective for a
specific population or has been rated as effective by a standardized program evaluation tool.
(32) "Forensic evaluator" means the same as that term is defined in Section 
77-15-2
.
(33) "Formal probation" means a minor is:
(a) supervised in the community by, and reports to, a juvenile probation officer or an
agency designated by the juvenile court; and
(b) subject to return to the juvenile court in accordance with Section 
80-6-607
.
(34) "Group rehabilitation therapy" means psychological and social counseling of one
or more individuals in the group, depending upon the recommendation of the therapist.
(35) "Guardian" means a person appointed by a court to make decisions regarding a
minor, including the authority to consent to:
(a) marriage;
(b) enlistment in the armed forces;
(c) major medical, surgical, or psychiatric treatment; or
(d) legal custody, if legal custody is not vested in another individual, agency, or
institution.
(36) "Guardian ad litem" means the same as that term is defined in Section 
78A-2-801
.
(37) "Harm" means:
(a) physical or developmental injury or damage;
(b) emotional damage that results in a serious impairment in the child's growth,
development, behavior, or psychological functioning;
(c) sexual abuse; or
(d) sexual exploitation.
(38) "Home detention" means placement of a minor:
(a) if prior to a disposition, in the minor's home, or in a surrogate home with the
consent of the minor's parent, guardian, or custodian, under terms and conditions established by
the Division of Juvenile Justice 
and Youth
 Services or the juvenile court; or
(b) if after a disposition, and in accordance with Section 
78A-6-353
 or 
80-6-704
, in the
minor's home, or in a surrogate home with the consent of the minor's parent, guardian, or
custodian, under terms and conditions established by the Division of Juvenile Justice 
and
Youth
 Services or the juvenile court.
(39) (a) "Incest" means engaging in sexual intercourse with an individual whom the
perpetrator knows to be the perpetrator's ancestor, descendant, brother, sister, uncle, aunt,
nephew, niece, or first cousin.
(b) "Incest" includes:
(i) blood relationships of the whole or half blood, regardless of whether the
relationship is legally recognized;
(ii) relationships of parent and child by adoption; and
(iii) relationships of stepparent and stepchild while the marriage creating the
relationship of a stepparent and stepchild exists.
(40) "Indian child" means the same as that term is defined in 25 U.S.C. Sec. 1903.
(41) "Indian tribe" means the same as that term is defined in 25 U.S.C. Sec. 1903.
(42) "Indigent defense service provider" means the same as that term is defined in
Section 
78B-22-102
.
(43) "Indigent defense services" means the same as that term is defined in Section
78B-22-102
.
(44) "Indigent individual" means the same as that term is defined in Section
78B-22-102
.
(45) (a) "Intake probation" means a minor is:
(i) monitored by a juvenile probation officer; and
(ii) subject to return to the juvenile court in accordance with Section 
80-6-607
.
(b) "Intake probation" does not include formal probation.
(46) "Intellectual disability" means a significant subaverage general intellectual
functioning existing concurrently with deficits in adaptive behavior that constitutes a
substantial limitation to the individual's ability to function in society.
(47) "Juvenile offender" means:
(a) a serious youth offender; or
(b) a youth offender.
(48) "Juvenile probation officer" means a probation officer appointed under Section
78A-6-205
.
(49) "Juvenile receiving center" means a nonsecure, nonresidential program established
by the Division of Juvenile Justice 
and Youth
 Services, or under contract with the Division of
Juvenile Justice 
and Youth
 Services, that is responsible for minors taken into temporary
custody under Section 
80-6-201
.
(50) "Legal custody" means a relationship embodying:
(a) the right to physical custody of the minor;
(b) the right and duty to protect, train, and discipline the minor;
(c) the duty to provide the minor with food, clothing, shelter, education, and ordinary
medical care;
(d) the right to determine where and with whom the minor shall live; and
(e) the right, in an emergency, to authorize surgery or other extraordinary care.
(51) "Licensing Information System" means the Licensing Information System
maintained by the Division of Child and Family Services under Section 
80-2-1002
.
(52) "Management Information System" means the Management Information System
developed by the Division of Child and Family Services under Section 
80-2-1001
.
(53) "Mental illness" means:
(a) a psychiatric disorder that substantially impairs an individual's mental, emotional,
behavioral, or related functioning; or
(b) the same as that term is defined in:
(i) the current edition of the Diagnostic and Statistical Manual of Mental Disorders
published by the American Psychiatric Association; or
(ii) the current edition of the International Statistical Classification of Diseases and
Related Health Problems.
(54) "Minor" means, except as provided in Sections 
80-6-501
, 
80-6-901
, and 
80-7-102
:
(a) a child; or
(b) an individual:
(i) (A) who is at least 18 years old and younger than 21 years old; and
(B) for whom the Division of Child and Family Services has been specifically ordered
by the juvenile court to provide services because the individual was an abused, neglected, or
dependent child or because the individual was adjudicated for an offense;
(ii) (A) who is at least 18 years old and younger than 25 years old; and
(B) whose case is under the jurisdiction of the juvenile court in accordance with
Subsection 
78A-6-103
(1)(b); or
(iii) (A) who is at least 18 years old and younger than 21 years old; and
(B) whose case is under the jurisdiction of the juvenile court in accordance with
Subsection 
78A-6-103
(1)(c).
(55) "Mobile crisis outreach team" means the same as that term is defined in Section
[
62A-15-102
] 
26B-5-101
.
(56) "Molestation" means that an individual, with the intent to arouse or gratify the
sexual desire of any individual, touches the anus, buttocks, pubic area, or genitalia of any child,
or the breast of a female child, or takes indecent liberties with a child as defined in Section
76-5-401.1
.
(57) (a) "Natural parent" means, except as provided in Section 
80-3-302
, a minor's
biological or adoptive parent.
(b) "Natural parent" includes the minor's noncustodial parent.
(58) (a) "Neglect" means action or inaction causing:
(i) abandonment of a child, except as provided in Chapter 4, Part 5, Safe
Relinquishment of a Newborn Child;
(ii) lack of proper parental care of a child by reason of the fault or habits of the parent,
guardian, or custodian;
(iii) failure or refusal of a parent, guardian, or custodian to provide proper or necessary
subsistence or medical care, or any other care necessary for the child's health, safety, morals, or
well-being;
(iv) a child to be at risk of being neglected or abused because another child in the same
home is neglected or abused;
(v) abandonment of a child through an unregulated child custody transfer under Section
78B-24-203
; or
(vi) educational neglect.
(b) "Neglect" does not include:
(i) a parent or guardian legitimately practicing religious beliefs and who, for that
reason, does not provide specified medical treatment for a child;
(ii) a health care decision made for a child by the child's parent or guardian, unless the
state or other party to a proceeding shows, by clear and convincing evidence, that the health
care decision is not reasonable and informed;
(iii) a parent or guardian exercising the right described in Section 
80-3-304
; or
(iv) permitting a child, whose basic needs are met and who is of sufficient age and
maturity to avoid harm or unreasonable risk of harm, to engage in independent activities,
including:
(A) traveling to and from school, including by walking, running, or bicycling;
(B) traveling to and from nearby commercial or recreational facilities;
(C) engaging in outdoor play;
(D) remaining in a vehicle unattended, except under the conditions described in
Subsection 
76-10-2202
(2);
(E) remaining at home unattended; or
(F) engaging in a similar independent activity.
(59) "Neglected child" means a child who has been subjected to neglect.
(60) "Nonjudicial adjustment" means closure of the case by the assigned juvenile
probation officer, without an adjudication of the minor's case under Section 
80-6-701
, upon the
consent in writing of:
(a) the assigned juvenile probation officer; and
(b) (i) the minor; or
(ii) the minor and the minor's parent, guardian, or custodian.
(61) "Not competent to proceed" means that a minor, due to a mental illness,
intellectual disability or related condition, or developmental immaturity, lacks the ability to:
(a) understand the nature of the proceedings against the minor or of the potential
disposition for the offense charged; or
(b) consult with counsel and participate in the proceedings against the minor with a
reasonable degree of rational understanding.
(62) "Parole" means a conditional release of a juvenile offender from residency in
secure care to live outside of secure care under the supervision of the Division of Juvenile
Justice 
and Youth
 Services, or another person designated by the Division of Juvenile Justice
and Youth
 Services.
(63) "Physical abuse" means abuse that results in physical injury or damage to a child.
(64) (a) "Probation" means a legal status created by court order, following an
adjudication under Section 
80-6-701
, whereby the minor is permitted to remain in the minor's
home under prescribed conditions.
(b) "Probation" includes intake probation or formal probation.
(65) "Prosecuting attorney" means:
(a) the attorney general and any assistant attorney general;
(b) any district attorney or deputy district attorney;
(c) any county attorney or assistant county attorney; and
(d) any other attorney authorized to commence an action on behalf of the state.
(66) "Protective custody" means the shelter of a child by the Division of Child and
Family Services from the time the child is removed from the home until the earlier of:
(a) the day on which the shelter hearing is held under Section 
80-3-301
; or
(b) the day on which the child is returned home.
(67) "Protective services" means expedited services that are provided:
(a) in response to evidence of neglect, abuse, or dependency of a child;
(b) to a cohabitant who is neglecting or abusing a child, in order to:
(i) help the cohabitant develop recognition of the cohabitant's duty of care and of the
causes of neglect or abuse; and
(ii) strengthen the cohabitant's ability to provide safe and acceptable care; and
(c) in cases where the child's welfare is endangered:
(i) to bring the situation to the attention of the appropriate juvenile court and law
enforcement agency;
(ii) to cause a protective order to be issued for the protection of the child, when
appropriate; and
(iii) to protect the child from the circumstances that endanger the child's welfare
including, when appropriate:
(A) removal from the child's home;
(B) placement in substitute care; and
(C) petitioning the court for termination of parental rights.
(68) "Protective supervision" means a legal status created by court order, following an
adjudication on the ground of abuse, neglect, or dependency, whereby:
(a) the minor is permitted to remain in the minor's home; and
(b) supervision and assistance to correct the abuse, neglect, or dependency is provided
by an agency designated by the juvenile court.
(69) (a) "Related condition" means a condition that:
(i) is found to be closely related to intellectual disability;
(ii) results in impairment of general intellectual functioning or adaptive behavior
similar to that of an intellectually disabled individual;
(iii) is likely to continue indefinitely; and
(iv) constitutes a substantial limitation to the individual's ability to function in society.
(b) "Related condition" does not include mental illness, psychiatric impairment, or
serious emotional or behavioral disturbance.
(70) (a) "Residual parental rights and duties" means the rights and duties remaining
with a parent after legal custody or guardianship, or both, have been vested in another person or
agency, including:
(i) the responsibility for support;
(ii) the right to consent to adoption;
(iii) the right to determine the child's religious affiliation; and
(iv) the right to reasonable parent-time unless restricted by the court.
(b) If no guardian has been appointed, "residual parental rights and duties" includes the
right to consent to:
(i) marriage;
(ii) enlistment; and
(iii) major medical, surgical, or psychiatric treatment.
(71) "Runaway" means a child, other than an emancipated child, who willfully leaves
the home of the child's parent or guardian, or the lawfully prescribed residence of the child,
without permission.
(72) "Secure care" means placement of a minor, who is committed to the Division of
Juvenile Justice 
and Youth
 Services for rehabilitation, in a facility operated by, or under
contract with, the Division of Juvenile Justice 
and Youth
 Services, that provides 24-hour
supervision and confinement of the minor.
(73) "Secure care facility" means a facility, established in accordance with Section
80-5-503
, for juvenile offenders in secure care.
(74) "Secure detention" means temporary care of a minor who requires secure custody
in a physically restricting facility operated by, or under contract with, the Division of Juvenile
Justice 
and Youth
 Services:
(a) before disposition of an offense that is alleged to have been committed by the
minor; or
(b) under Section 
80-6-704
.
(75) "Serious youth offender" means an individual who:
(a) is at least 14 years old, but under 25 years old;
(b) committed a felony listed in Subsection 
80-6-503
(1) and the continuing jurisdiction
of the juvenile court was extended over the individual's case until the individual was 25 years
old in accordance with Section 
80-6-605
; and
(c) is committed by the juvenile court to the Division of Juvenile Justice 
and Youth
Services for secure care under Sections 
80-6-703
 and 
80-6-705
.
(76) "Severe abuse" means abuse that causes or threatens to cause serious harm to a
child.
(77) "Severe neglect" means neglect that causes or threatens to cause serious harm to a
child.
(78) (a) "Severe type of child abuse or neglect" means, except as provided in
Subsection (78)(b):
(i) if committed by an individual who is 18 years old or older:
(A) chronic abuse;
(B) severe abuse;
(C) sexual abuse;
(D) sexual exploitation;
(E) abandonment;
(F) chronic neglect; or
(G) severe neglect; or
(ii) if committed by an individual who is under 18 years old:
(A) causing serious physical injury, as defined in Subsection 
76-5-109
(1), to another
child that indicates a significant risk to other children; or
(B) sexual behavior with or upon another child that indicates a significant risk to other
children.
(b) "Severe type of child abuse or neglect" does not include:
(i) the use of reasonable and necessary physical restraint by an educator in accordance
with Subsection 
53G-8-302
(2) or Section 
76-2-401
;
(ii) an individual's conduct that is justified under Section 
76-2-401
 or constitutes the
use of reasonable and necessary physical restraint or force in self-defense or otherwise
appropriate to the circumstances to obtain possession of a weapon or other dangerous object in
the possession or under the control of a child or to protect the child or another individual from
physical injury; or
(iii) a health care decision made for a child by a child's parent or guardian, unless,
subject to Subsection (78)(c), the state or other party to the proceeding shows, by clear and
convincing evidence, that the health care decision is not reasonable and informed.
(c) Subsection (78)(b)(iii) does not prohibit a parent or guardian from exercising the
right to obtain a second health care opinion.
(79) "Sexual abuse" means:
(a) an act or attempted act of sexual intercourse, sodomy, incest, or molestation by an
adult directed towards a child;
(b) an act or attempted act of sexual intercourse, sodomy, incest, or molestation
committed by a child towards another child if:
(i) there is an indication of force or coercion;
(ii) the children are related, as described in Subsection (39), including siblings by
marriage while the marriage exists or by adoption;
(iii) there have been repeated incidents of sexual contact between the two children,
unless the children are 14 years old or older; or
(iv) there is a disparity in chronological age of four or more years between the two
children;
(c) engaging in any conduct with a child that would constitute an offense under any of
the following, regardless of whether the individual who engages in the conduct is actually
charged with, or convicted of, the offense:
(i) Title 76, Chapter 5, Part 4, Sexual Offenses, except for Section 
76-5-401
, if the
alleged perpetrator of an offense described in Section 
76-5-401
 is a minor;
(ii) child bigamy, Section 
76-7-101.5
;
(iii) incest, Section 
76-7-102
;
(iv) lewdness, Section 
76-9-702
;
(v) sexual battery, Section 
76-9-702.1
;
(vi) lewdness involving a child, Section 
76-9-702.5
; or
(vii) voyeurism, Section 
76-9-702.7
; or
(d) subjecting a child to participate in or threatening to subject a child to participate in
a sexual relationship, regardless of whether that sexual relationship is part of a legal or cultural
marriage.
(80) "Sexual exploitation" means knowingly:
(a) employing, using, persuading, inducing, enticing, or coercing any child to:
(i) pose in the nude for the purpose of sexual arousal of any individual; or
(ii) engage in any sexual or simulated sexual conduct for the purpose of photographing,
filming, recording, or displaying in any way the sexual or simulated sexual conduct;
(b) displaying, distributing, possessing for the purpose of distribution, or selling
material depicting a child:
(i) in the nude, for the purpose of sexual arousal of any individual; or
(ii) engaging in sexual or simulated sexual conduct; or
(c) engaging in any conduct that would constitute an offense under Section 
76-5b-201
,
sexual exploitation of a minor, or Section 
76-5b-201.1
, aggravated sexual exploitation of a
minor, regardless of whether the individual who engages in the conduct is actually charged
with, or convicted of, the offense.
(81) "Shelter" means the temporary care of a child in a physically unrestricted facility
pending a disposition or transfer to another jurisdiction.
(82) "Shelter facility" means a nonsecure facility that provides shelter for a minor.
(83) "Significant risk" means a risk of harm that is determined to be significant in
accordance with risk assessment tools and rules established by the Division of Child and
Family Services in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, that focus on:
(a) age;
(b) social factors;
(c) emotional factors;
(d) sexual factors;
(e) intellectual factors;
(f) family risk factors; and
(g) other related considerations.
(84) "Single criminal episode" means the same as that term is defined in Section
76-1-401
.
(85) "Status offense" means an offense that would not be an offense but for the age of
the offender.
(86) "Substance abuse" means, except as provided in Section 
80-2-603
, the misuse or
excessive use of alcohol or other drugs or substances.
(87) "Substantiated" or "substantiation" means a judicial finding based on a
preponderance of the evidence, and separate consideration of each allegation made or identified
in the case, that abuse, neglect, or dependency occurred .
(88) "Substitute care" means:
(a) the placement of a minor in a family home, group care facility, or other placement
outside the minor's own home, either at the request of a parent or other responsible relative, or
upon court order, when it is determined that continuation of care in the minor's own home
would be contrary to the minor's welfare;
(b) services provided for a minor in the protective custody of the Division of Child and
Family Services, or a minor in the temporary custody or custody of the Division of Child and
Family Services, as those terms are defined in Section 
80-2-102
; or
(c) the licensing and supervision of a substitute care facility.
(89) "Supported" means a finding by the Division of Child and Family Services based
on the evidence available at the completion of an investigation, and separate consideration of
each allegation made or identified during the investigation, that there is a reasonable basis to
conclude that abuse, neglect, or dependency occurred.
(90) "Termination of parental rights" means the permanent elimination of all parental
rights and duties, including residual parental rights and duties, by court order.
(91) "Therapist" means:
(a) an individual employed by a state division or agency for the purpose of conducting
psychological treatment and counseling of a minor in the division's or agency's custody; or
(b) any other individual licensed or approved by the state for the purpose of conducting
psychological treatment and counseling.
(92) "Threatened harm" means actions, inactions, or credible verbal threats, indicating
that the child is at an unreasonable risk of harm or neglect.
(93) "Ungovernable" means a child in conflict with a parent or guardian, and the
conflict:
(a) results in behavior that is beyond the control or ability of the child, or the parent or
guardian, to manage effectively;
(b) poses a threat to the safety or well-being of the child, the child's family, or others;
or
(c) results in the situations described in Subsections (93)(a) and (b).
(94) "Unsubstantiated" means a judicial finding that there is insufficient evidence to
conclude that abuse, neglect, or dependency occurred.
(95) "Unsupported" means a finding by the Division of Child and Family Services at
the completion of an investigation, after the day on which the Division of Child and Family
Services concludes the alleged abuse, neglect, or dependency is not without merit, that there is
insufficient evidence to conclude that abuse, neglect, or dependency occurred.
(96) "Validated risk and needs assessment" means an evidence-based tool that assesses
a minor's risk of reoffending and a minor's criminogenic needs.
(97) "Without merit" means a finding at the completion of an investigation by the
Division of Child and Family Services, or a judicial finding, that the alleged abuse, neglect, or
dependency did not occur, or that the alleged perpetrator was not responsible for the abuse,
neglect, or dependency.
(98) "Youth offender" means an individual who is:
(a) at least 12 years old, but under 21 years old; and
(b) committed by the juvenile court to the Division of Juvenile Justice 
and Youth
Services for secure care under Sections 
80-6-703
 and 
80-6-705
.
Section 126. Section 
80-1-103
 is amended to read:
80-1-103.
Cooperation of political subdivisions and public or private agencies
and organizations.
(1) Every county, municipality, and school district, and the Department of [
Human
Services
] 
Health and Human Services
, the Division of Juvenile Justice 
and Youth
 Services, the
Division of Child and Family Services, [
the Department of Health, the Division of Substance
Abuse
] 
the Office of Substance Use
 and Mental Health, the State Board of Education, and state
and local law enforcement officers, shall render all assistance and cooperation within their
jurisdiction and power to further the provisions of this title.
(2) A juvenile court is authorized to seek the cooperation of all agencies and
organizations, public or private, whose objective is the protection or aid of minors.
Section 127. Section 
80-2-501
 is amended to read:
80-2-501.
Children's Account.
(1) There is created a restricted account within the General Fund known as the
"Children's Account."
(2) The account shall be funded by:
(a) appropriations to the account by the Legislature;
(b) revenues received under Section [
26-2-12.5
] 
26B-8-112
; and
(c) transfers, grants, gifts, bequests, or any money made available from any source for
the abuse and neglect prevention programs described in Subsection 
80-2-503
(3).
(3) The Legislature shall appropriate money in the account to the division.
(4) (a) The director shall consult with the executive director of the department before
using the funds in the account as described in this section.
(b) Except as provided in Subsection (5), the account may be used only to implement
prevention programs described in Section 
80-2-503
, and may only be allocated to an entity that
provides a one-to-one match, comprising a match from the community of at least 50% in cash
and up to 50% in in-kind donations, which is 25% of the total funding received from the
account.
(5) Upon recommendation of the executive director of the department and the council,
the division may reduce or waive the match requirements described in Subsection (4) for an
entity, if the division determines that imposing the requirements would prohibit or limit the
provision of services needed in a particular geographic area.
Section 128. Section 
80-2-603
 is amended to read:
80-2-603.
Fetal alcohol syndrome or spectrum disorder and drug dependency
reporting requirements.
(1) As used in this section:
(a) "Health care provider" means:
(i) an individual licensed under:
(A) Title 58, Chapter 31b, Nurse Practice Act;
(B) Title 58, Chapter 44a, Nurse Midwife Practice Act;
(C) Title 58, Chapter 67, Utah Medical Practice Act;
(D) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
(E) Title 58, Chapter 70a, Utah Physician Assistant Act; or
(F) Title 58, Chapter 77, Direct-Entry Midwife Act; or
(ii) an unlicensed individual who practices midwifery.
(b) "Newborn child" means a child who is 30 days old or younger.
(c) "Recommending medical provider" means the same as that term is defined in
Section [
26-61a-102
] 
26B-4-201
.
(d) (i) "Substance abuse" means, except as provided in Subsection (1)(d)(ii), the same
as that term is defined in Section 
80-1-102
.
(ii) "Substance abuse" does not include use of drugs or other substances that are:
(A) obtained by lawful prescription and used as prescribed; or
(B) obtained in accordance with [
Title 26, Chapter 61a, Utah Medical Cannabis Act
]
Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis
, and used as
recommended by a recommending medical provider.
(2) A health care provider who attends the birth of a newborn child or cares for a
newborn child and determines the following, shall report the determination to the division as
soon as possible:
(a) the newborn child:
(i) is adversely affected by the child's mother's substance abuse during pregnancy;
(ii) has fetal alcohol syndrome or fetal alcohol spectrum disorder; or
(iii) demonstrates drug or alcohol withdrawal symptoms; or
(b) the parent of the newborn child or a person responsible for the child's care
demonstrates functional impairment or an inability to care for the child as a result of the
parent's or person's substance abuse.
(3) The physician-patient privilege does not:
(a) excuse an individual who is licensed under Title 58, Chapter 67, Utah Medical
Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act, from reporting
under this section; or
(b) constitute grounds for excluding evidence regarding the child's injuries, or the
cause of the child's injuries, in a judicial or administrative proceeding resulting from a report
under this section.
Section 129. Section 
80-2-604
 is amended to read:
80-2-604.
Death of a child reporting requirements.
(1) A person who has reason to believe that a child has died as a result of abuse or
neglect shall report that fact to:
(a) the local law enforcement agency; and
(b) the appropriate medical examiner in accordance with [
Title 26, Chapter 4, Utah
Medical Examiner Act
] 
Title 26B, Chapter 8, Part 2, Utah Medical Examiner
.
(2) After receiving a report described in Subsection (1):
(a) the local law enforcement agency shall report to the county attorney or district
attorney as provided under Section 
17-18a-202
 or 
17-18a-203
; and
(b) the medical examiner shall investigate and report the medical examiner's findings
to:
(i) the police;
(ii) the appropriate county attorney or district attorney;
(iii) the attorney general's office;
(iv) the division; and
(v) if the institution making the report is a hospital, to the hospital.
Section 130. Section 
80-2-802
 is amended to read:
80-2-802.
Division child placing and adoption services -- Restrictions on
placement of a child.
(1) Except as provided in Subsection (3), the division may provide adoption services
and, as a licensed child-placing agency under [
Title 62A, Chapter 2, Licensure of Programs and
Facilities
] 
Title 26B, Chapter 2, Part 1, Human Services Programs and Facilities
, engage in
child placing in accordance with this chapter, Chapter 2a, Removal and Protective Custody of a
Child, Chapter 3, Abuse, Neglect, and Dependency Proceedings, and Chapter 4, Termination
and Restoration of Parental Rights.
(2) The division shall base the division's decision for placement of an adoptable child
for adoption on the best interest of the adoptable child.
(3) The division may not:
(a) in accordance with Subsection [
62A-2-108.6
(6)
] 
26B-2-127
(6)
, place a child for
adoption, either temporarily or permanently, with an individual who does not qualify for
adoptive placement under Sections 
78B-6-102
, 
78B-6-117
, and 
78B-6-137
;
(b) consider a potential adoptive parent's willingness or unwillingness to enter a
postadoption contact agreement under Section 
78B-6-146
 as a condition of placing a child with
a potential adoptive parent; or
(c) except as required under the Indian Child Welfare Act, 25 U.S.C. Secs. 1901
through 1963, base the division's decision for placement of an adoptable child on the race,
color, ethnicity, or national origin of either the child or the potential adoptive parent.
(4) The division shall establish a rule in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, providing that, subject to Subsection (3) and Section
78B-6-117
, priority of placement shall be provided to a family in which a couple is legally
married under the laws of the state.
(5) Subsections (3) and (4) do not limit the placement of a child with the child's
biological or adoptive parent, a relative, or in accordance with the Indian Child Welfare Act, 25
U.S.C. Sec. 1901 et seq.
Section 131. Section 
80-2-803
 is amended to read:
80-2-803.
Division promotion of adoption -- Adoption research and informational
pamphlet.
The division shall:
(1) [
in accordance with Section 
62A-2-126
,
] actively promote the adoption of all
children in the division's custody who have a final plan for termination of parental rights under
Section 
80-3-409
 or a primary permanency plan of adoption;
(2) develop plans for the effective use of cross-jurisdictional resources to facilitate
timely adoptive or permanent placements for waiting children;
(3) obtain information or conduct research regarding prior adoptive families to
determine what families may do to be successful with an adoptive child;
(4) make the information or research described in Subsection (3) available to potential
adoptive parents;
(5) prepare a pamphlet that explains the information that a child-placing agency is
required to provide a potential adoptive parent under [
Subsection 
62A-2-126
(2)(b)
] 
Section
78B-24-303
;
(6) regularly distribute copies of the pamphlet described in Subsection (5) to
child-placing agencies; and
(7) respond to an inquiry made as a result of the notice provided by a child-placing
agency under [
Subsection 
62A-2-126
(2)(b)
] 
Section 
78B-24-303
.
Section 132. Section 
80-2-804
 is amended to read:
80-2-804.
Adoptive placement time frame -- Division contracts with child-placing
agencies.
(1) Subject to this part, for a child who has a primary permanency plan of adoption or
for whom a final plan for pursuing termination of parental rights is approved in accordance
with Section 
80-3-409
, the division shall make intensive efforts to place the child in an
adoptive home within 30 days after the earlier of the day on which:
(a) the final plan is approved; or
(b) the primary permanency plan is established.
(2) If within the time periods described in Subsection (1) the division is unable to
locate a suitable adoptive home, the division shall[
, in accordance with Section 
62A-2-126
,
]contract with a variety of child-placing agencies licensed under [
Title 62A, Chapter 2,
Licensure of Programs and Facilities
] 
Title 26B, Chapter 2, Part 1, Human Services Programs
and Facilities
, to search for an appropriate adoptive home for the child, and to place the child
for adoption.
Section 133. Section 
80-2-909
 is amended to read:
80-2-909.
Existing authority for child placement continues.
Any person who, under any law of this state other than this part or the Interstate
Compact on the Placement of Children established under Section 
80-2-905
, has authority to
make or assist in making the placement of a child, shall continue to have the ability lawfully to
make or assist in making that placement, and the provisions of Sections [
62A-2-108.6
,
62A-2-115.1
, 
62A-2-115.2
, 
62A-2-126
, 
62A-2-127
] 
26B-2-127
, 
26B-2-131
, 
26B-2-132
,
26B-2-133
, Subsections 
80-2-802
(3)(a) and (4) and 
80-2-803
(1), (2), and (5) through (7), and
Title 78B, Chapter 6, Part 1, Utah Adoption Act, continue to apply.
Section 134. Section 
80-2-1001
 is amended to read:
80-2-1001.
Management Information System -- Contents -- Classification of
records -- Access.
(1) The division shall develop and implement a Management Information System that
meets the requirements of this section and the requirements of federal law and regulation.
(2) The Management Information System shall:
(a) contain all key elements of each family's current child and family plan, including:
(i) the dates and number of times the plan has been administratively or judicially
reviewed;
(ii) the number of times the parent failed the child and family plan; and
(iii) the exact length of time the child and family plan has been in effect; and
(b) alert child welfare caseworkers regarding deadlines for completion of and
compliance with policy, including child and family plans.
(3) For a child welfare case, the Management Information System shall provide each
child welfare caseworker and the Office of Licensing created in Section [
62A-2-103
]
26B-2-103
, exclusively for the purposes of foster parent licensure and monitoring, with a
complete history of each child in the child welfare caseworker's caseload, including:
(a) a record of all past action taken by the division with regard to the child and the
child's siblings;
(b) the complete case history and all reports and information in the control or keeping
of the division regarding the child and the child's siblings;
(c) the number of times the child has been in the protective custody, temporary
custody, and custody of the division;
(d) the cumulative period of time the child has been in the custody of the division;
(e) a record of all reports of abuse or neglect received by the division with regard to the
child's parent or guardian including:
(i) for each report, documentation of the:
(A) latest status; or
(B) final outcome or determination; and
(ii) information that indicates whether each report was found to be:
(A) supported;
(B) unsupported;
(C) substantiated;
(D) unsubstantiated; or
(E) without merit;
(f) the number of times the child's parent failed any child and family plan; and
(g) the number of different child welfare caseworkers who have been assigned to the
child in the past.
(4) For child protective services cases, the Management Information System shall:
(a) monitor the compliance of each case with:
(i) division rule;
(ii) state law; and
(iii) federal law and regulation; and
(b) include the age and date of birth of the alleged perpetrator at the time the abuse or
neglect is alleged to have occurred, in order to ensure accuracy regarding the identification of
the alleged perpetrator.
(5) Information or a record contained in the Management Information System is:
(a) a private, controlled, or protected record under Title 63G, Chapter 2, Government
Records Access and Management Act; and
(b) available only:
(i) to a person or government entity with statutory authorization under Title 63G,
Chapter 2, Government Records Access and Management Act, to review the information or
record;
(ii) to a person who has specific statutory authorization to access the information or
record for the purpose of assisting the state with state or federal requirements to maintain
information solely for the purpose of protecting minors and providing services to families in
need;
(iii) to the extent required by Title IV(b) or IV(e) of the Social Security Act:
(A) to comply with abuse and neglect registry checks requested by other states; or
(B) to the United States Department of Health and Human Services for purposes of
maintaining an electronic national registry of supported or substantiated cases of abuse and
neglect;
(iv) to the department, upon the approval of the executive director of the department,
on a need-to-know basis; or
(v) as provided in Subsection (6) or Section 
80-2-1002
.
(6) (a) The division may allow a division contract provider, court clerk designated by
the Administrative Office of the Courts, the Office of Guardian Ad Litem, or Indian tribe to
have limited access to the Management Information System.
(b) A division contract provider or Indian tribe has access only to information about a
person who is currently receiving services from the specific contract provider or Indian tribe.
(c) A court clerk may only have access to information necessary to comply with
Subsection 
78B-7-202
(2).
(d) (i) The Office of Guardian Ad Litem may only access:
(A) the information that is entered into the Management Information System on or after
July 1, 2004, and relates to a child or family where the Office of Guardian Ad Litem is
appointed by a court to represent the interests of the child; or
(B) any abuse or neglect referral about a child or family where the office has been
appointed by a court to represent the interests of the child, regardless of the date that the
information is entered into the Management Information System.
(ii) The division may use the information in the Management Information System to
screen an individual as described in Subsection 
80-2-1002
(4)(b)(ii)(A) at the request of the
Office of Guardian Ad Litem.
(e) A contract provider or designated representative of the Office of Guardian Ad
Litem or an Indian tribe who requests access to information contained in the Management
Information System shall:
(i) take all necessary precautions to safeguard the security of the information contained
in the Management Information System;
(ii) train its employees regarding:
(A) requirements for protecting the information contained in the Management
Information System under this chapter and under Title 63G, Chapter 2, Government Records
Access and Management Act; and
(B) the criminal penalties under Sections 
63G-2-801
 and 
80-2-1005
 for improper
release of information; and
(iii) monitor its employees to ensure that the employees protect the information
contained in the Management Information System as required by law.
(7) The division shall take:
(a) all necessary precautions, including password protection and other appropriate and
available technological techniques, to prevent unauthorized access to or release of information
contained in the Management Information System; and
(b) reasonable precautions to ensure that the division's contract providers comply with
Subsection (6).
Section 135. Section 
80-2-1002
 is amended to read:
80-2-1002.
Licensing Information System -- Contents -- Classification of records
-- Access -- Unlawful release -- Penalty.
(1) (a) The division shall maintain a sub-part of the Management Information System
as the Licensing Information System to be used:
(i) for licensing purposes; or
(ii) as otherwise provided by law.
(b) Notwithstanding Subsection (1)(a), the department's access to information in the
Management Information System for the licensure and monitoring of a foster parent is
governed by Sections 
80-2-1001
 and [
62A-2-121
] 
26B-2-121
.
(2) The Licensing Information System shall include only the following information:
(a) the name and other identifying information of the alleged perpetrator in a supported
finding, without identifying the alleged perpetrator as a perpetrator or alleged perpetrator;
(b) a notation to the effect that an investigation regarding the alleged perpetrator
described in Subsection (2)(a) is pending;
(c) the information described in Subsection (3);
(d) consented-to supported findings by an alleged perpetrator under Subsection
80-2-708
(3)(a)(iii);
(e) a finding from the juvenile court under Section 
80-3-404
; and
(f) the information in the licensing part of the division's Management Information
System as of May 6, 2002.
(3) Subject to Section 
80-2-1003
, upon receipt of a finding from the juvenile court
under Section 
80-3-404
, the division shall:
(a) promptly amend the Licensing Information System to include the finding; and
(b) enter the finding in the Management Information System.
(4) Information or a record contained in the Licensing Information System is:
(a) a protected record under Title 63G, Chapter 2, Government Records Access and
Management Act; and
(b) notwithstanding Title 63G, Chapter 2, Government Records Access and
Management Act, accessible only:
(i) to the Office of Licensing created in Section [
62A-2-103
] 
26B-2-103
:
(A) for licensing purposes; or
(B) as otherwise specifically provided for by law;
(ii) to the division to:
(A) screen an individual at the request of the Office of Guardian Ad Litem at the time
the individual seeks a paid or voluntary position with the Office of Guardian Ad Litem and
annually throughout the time that the individual remains with the Office of Guardian Ad Litem;
and
(B) respond to a request for information from an individual whose name is listed in the
Licensing Information System;
(iii) to a person designated by the Department of Health and [
approved by the
Department of
] Human Services, only for the following purposes:
(A) licensing a child care program or provider;
(B) determining whether an individual associated with a child care facility, program, or
provider, who is exempt from being licensed or certified by the [
Department of Health under
Title 26, Chapter 39, Utah Child Care Licensing Act
] 
Department of Health and Human
Services under Title 26B, Chapter 2, Part 4, Child Care Licensing
, has a supported finding of a
severe type of child abuse or neglect; or
(C) determining whether an individual who is seeking an emergency medical services
license has a supported finding of a severe type of child abuse or neglect;
(iv) to a person designated by the Department of Workforce Services and approved by
the Department of [
Human Services
] 
Health and Human Services
 for the purpose of qualifying
a child care provider under Section 
35A-3-310.5
;
(v) as provided in Section [
62A-2-121
] 
26B-2-121
; or
(vi) to the department or another person, as provided in this chapter.
(5) A person designated by the Department of [
Health
] 
Health and Human Services
 or
the Department of Workforce Services under Subsection (4) shall adopt measures to:
(a) protect the security of the Licensing Information System; and
(b) strictly limit access to the Licensing Information System to persons allowed access
by statute.
(6) The department shall approve a person allowed access by statute to information or a
record contained in the Licensing Information System and provide training to the person with
respect to:
(a) accessing the Licensing Information System;
(b) maintaining strict security; and
(c) the criminal provisions of Sections 
63G-2-801
 and 
80-2-1005
 pertaining to the
improper release of information.
(7) (a) Except as authorized by this chapter, a person may not request another person to
obtain or release any other information in the Licensing Information System to screen for
potential perpetrators of abuse or neglect.
(b) A person who requests information knowing that the request is a violation of this
Subsection (7) is subject to the criminal penalties described in Sections 
63G-2-801
 and
80-2-1005
.
Section 136. Section 
80-2-1005
 is amended to read:
80-2-1005.
Classification of reports of alleged abuse or neglect -- Confidential
identity of a person who reports -- Access -- Admitting reports into evidence -- Unlawful
release and use -- Penalty.
(1) Except as otherwise provided in this chapter or Chapter 2a, Removal and Protective
Custody of a Child, a report made under Part 6, Child Abuse and Neglect Reports, and any
other information in the possession of the division obtained as a result of the report is a private,
protected, or controlled record under Title 63G, Chapter 2, Government Records Access and
Management Act, and may only be made available to:
(a) a police or law enforcement agency investigating a report of known or suspected
abuse or neglect, including members of a child protection team;
(b) a physician who reasonably believes that a child may be the subject of abuse or
neglect;
(c) an agency that has responsibility or authority to care for, treat, or supervise a minor
who is the subject of a report;
(d) a contract provider that has a written contract with the division to render services to
a minor who is the subject of a report;
(e) the subject of the report, the natural parents of the child, and the guardian ad litem;
(f) a court, upon a finding that access to the records may be necessary for the
determination of an issue before the court, provided that in a divorce, custody, or related
proceeding between private parties, the record alone is:
(i) limited to objective or undisputed facts that were verified at the time of the
investigation; and
(ii) devoid of conclusions drawn by the division or any of the division's workers on the
ultimate issue of whether or not an individual's acts or omissions constituted any level of abuse
or neglect of another individual;
(g) an office of the public prosecutor or the public prosecutor's deputies in performing
an official duty;
(h) a person authorized by a Children's Justice Center, for the purposes described in
Section 
67-5b-102
;
(i) a person engaged in bona fide research, when approved by the director of the
division, if the information does not include names and addresses;
(j) the State Board of Education, acting on behalf of itself or on behalf of a local
education agency, as defined in Section 
63J-5-102
, for the purpose of evaluating whether an
individual should be permitted to obtain or retain a license as an educator or serve as an
employee or volunteer in a school, limited to information with substantiated or supported
findings involving an alleged sexual offense, an alleged felony or class A misdemeanor drug
offense, or any alleged offense against the person under Title 76, Chapter 5, Offenses Against
the Individual, and with the understanding that the office must provide the subject of a report
received under Subsection (1)(k) with an opportunity to respond to the report before making a
decision concerning licensure or employment;
(k) any individual identified in the report as a perpetrator or possible perpetrator of
abuse or neglect, after being advised of the screening prohibition in Subsection (2);
(l) a person filing a petition for a child protective order on behalf of a child who is the
subject of the report;
(m) a licensed child-placing agency or person who is performing a preplacement
adoptive evaluation in accordance with the requirements of Sections 
78B-6-128
 and
78B-6-130
;
(n) an Indian tribe to:
(i) certify or license a foster home;
(ii) render services to a subject of a report; or
(iii) investigate an allegation of abuse, neglect, or dependency; or
(o) the department or a local substance abuse authority, described in Section
17-43-201
, for the purpose of providing substance abuse treatment to a pregnant woman or a
parent of a newborn child, or the services described in Subsection [
62A-15-103
(2)(p
]
26B-5-102
(
)
(
p
).
(2) In accordance with Section 
80-2-608
 and except as provided in Section 
80-2-611
,
the division and a law enforcement agency shall ensure the anonymity of the person who makes
the initial report under Part 6, Child Abuse and Neglect Reports, and any other person involved
in the division's or law enforcement agency's subsequent investigation of the report.
(3) Notwithstanding any other provision of law, excluding Section 
80-3-107
, but
including this chapter, Chapter 2a, Removal and Protective Custody of a Child, and Title 63G,
Chapter 2, Government Records Access and Management Act, if the division makes a report or
other information in the division's possession available under Subsection (1)(e) to a subject of
the report or a parent of a child, the division shall remove from the report or other information
only the names, addresses, and telephone numbers of individuals or specific information that
could:
(a) identify the referent;
(b) impede a criminal investigation; or
(c) endanger an individual's safety.
(4) A child-placing agency or person who receives a report from the division under
Subsection (1)(m) may provide the report to:
(a) the subject of the report;
(b) a person who is performing a preplacement adoptive evaluation in accordance with
Sections 
78B-6-128
 and 
78B-6-130
;
(c) to a licensed child-placing agency; or
(d) an attorney seeking to facilitate an adoption.
(5) A member of a child protection team may, before the day on which the child is
removed, share case-specific information obtained from the division under this section with
other members of the child protection team.
(6) (a) Except as provided in Subsection (6)(b), in a divorce, custody, or related
proceeding between private parties, a court may not receive into evidence a report that:
(i) is provided to the court:
(A) under Subsection (1)(f); or
(B) by a parent of the child after the record is made available to the parent under
Subsection (1)(e);
(ii) describes a parent of the child as the alleged perpetrator; and
(iii) is found to be unsubstantiated, unsupported, or without merit.
(b) (i) After a motion to admit the report described in Subsection (6)(a) is made, the
court shall allow sufficient time for all subjects of the record to respond before making a
finding on the motion.
(ii) After considering the motion described in Subsection (6)(b)(i), the court may
receive the report into evidence upon a finding on the record of good cause.
(7) (a) A person may not:
(i) willfully permit, or aid and abet, the release of data or information in the possession
of the division or contained in the Management Information System in violation of this part or
Part 6, Child Abuse and Neglect Reports; or
(ii) if the person is not listed in Subsection (1), request another person to obtain or
release a report or other information that the other person obtained under Subsection (1)(k) to
screen for potential perpetrators of abuse or neglect.
(b) A person who violates Subsection (7)(a)(i), or violates Subsection (7)(a)(ii)
knowing the person's actions are a violation of Subsection (7)(a)(ii), is guilty of a class C
misdemeanor.
Section 137. Section 
80-2a-202
 is amended to read:
80-2a-202.
Removal of a child by a peace officer or child welfare caseworker --
Search warrants -- Protective custody and temporary care of a child.
(1) A peace officer or child welfare caseworker may remove a child or take a child into
protective custody, temporary custody, or custody in accordance with this section.
(2) (a) Except as provided in Subsection (2)(b), a peace officer or a child welfare
caseworker may not enter the home of a child whose case is not under the jurisdiction of the
juvenile court, remove a child from the child's home or school, or take a child into protective
custody unless:
(i) there exist exigent circumstances sufficient to relieve the peace officer or the child
welfare caseworker of the requirement to obtain a search warrant under Subsection (3);
(ii) the peace officer or child welfare caseworker obtains a search warrant under
Subsection (3);
(iii) the peace officer or child welfare caseworker obtains a court order after the child's
parent or guardian is given notice and an opportunity to be heard; or
(iv) the peace officer or child welfare caseworker obtains the consent of the child's
parent or guardian.
(b) A peace officer or a child welfare caseworker may not take action under Subsection
(2)(a) solely on the basis of:
(i) educational neglect, truancy, or failure to comply with a court order to attend
school; or
(ii) the possession or use, in accordance with [
Title 26, Chapter 61a, Utah Medical
Cannabis Act
] 
Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis
, of
cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, or a
medical cannabis device, as those terms are defined in Section [
26-61a-102
] 
26B-4-201
.
(3) (a) The juvenile court may issue a warrant authorizing a peace officer or a child
welfare caseworker to search for a child and take the child into protective custody if it appears
to the juvenile court upon a verified petition, recorded sworn testimony or an affidavit sworn to
by a peace officer or another individual, and upon the examination of other witnesses if
required by the juvenile court, that there is probable cause to believe that:
(i) there is a threat of substantial harm to the child's health or safety;
(ii) it is necessary to take the child into protective custody to avoid the harm described
in Subsection (3)(a)(i); and
(iii) it is likely that the child will suffer substantial harm if the child's parent or
guardian is given notice and an opportunity to be heard before the child is taken into protective
custody.
(b) In accordance with Section 
77-23-210
, a peace officer making the search under
Subsection (3)(a) may enter a house or premises by force, if necessary, in order to remove the
child.
(4) (a) A child welfare caseworker may take action under Subsection (2) accompanied
by a peace officer or without a peace officer if a peace officer is not reasonably available.
(b) (i) Before taking a child into protective custody, and if possible and consistent with
the child's safety and welfare, a child welfare caseworker shall determine whether there are
services available that, if provided to a parent or guardian of the child, would eliminate the
need to remove the child from the custody of the child's parent or guardian.
(ii) In determining whether the services described in Subsection (4)(b)(i) are
reasonably available, the child welfare caseworker shall consider the child's health, safety, and
welfare as the paramount concern.
(iii) If the child welfare caseworker determines the services described in Subsection
(4)(b)(i) are reasonably available, the services shall be utilized.
(5) (a) If a peace officer or a child welfare caseworker takes a child into protective
custody under Subsection (2), the peace officer or child welfare caseworker shall:
(i) notify the child's parent or guardian in accordance with Section 
80-2a-203
; and
(ii) release the child to the care of the child's parent or guardian or another responsible
adult, unless:
(A) the child's immediate welfare requires the child remain in protective custody; or
(B) the protection of the community requires the child's detention in accordance with
Chapter 6, Part 2, Custody and Detention.
(b) (i) If a peace officer or child welfare caseworker is executing a warrant under
Subsection (3), the peace officer or child welfare caseworker shall take the child to:
(A) a shelter facility; or
(B) if the division makes an emergency placement under Section 
80-2a-301
, the
emergency placement.
(ii) If a peace officer or a child welfare caseworker takes a child to a shelter facility
under Subsection (5)(b)(i), the peace officer or the child welfare caseworker shall promptly file
a written report that includes the child's information, on a form provided by the division, with
the shelter facility.
(c) A child removed or taken into protective custody under this section may not be
placed or kept in detention pending court proceedings, unless the child may be held in
detention under Chapter 6, Part 2, Custody and Detention.
(6) (a) The juvenile court shall issue a warrant authorizing a peace officer or a child
welfare worker to search for a child who is missing, has been abducted, or has run away, and
take the child into physical custody if the juvenile court determines that the child is missing,
has been abducted, or has run away from the protective custody, temporary custody, or custody
of the division.
(b) If the juvenile court issues a warrant under Subsection (6)(a):
(i) the division shall notify the child's parent or guardian who has a right to parent-time
with the child in accordance with Subsection 
80-2a-203
(5)(a);
(ii) the court shall order:
(A) the law enforcement agency that has jurisdiction over the location from which the
child ran away to enter a record of the warrant into the National Crime Information Center
database within 24 hours after the time in which the law enforcement agency receives a copy of
the warrant; and
(B) the division to notify the law enforcement agency described in Subsection
(6)(b)(ii)(A) of the order described in Subsection (6)(b)(ii)(A); and
(c) the court shall specify the location to which the peace officer or the child welfare
caseworker shall transport the child.
Section 138. Section 
80-2a-301
 is amended to read:
80-2a-301.
Division's emergency placement of a child -- Background checks.
(1) The division may place a child in an emergency placement if:
(a) the child welfare caseworker makes the determination that:
(i) the child's home is unsafe;
(ii) removal is necessary under Section 
80-2a-202
; and
(iii) the child's custodial parent or guardian will agree to not remove the child from the
home of the individual that serves as the placement and not have any contact with the child
until after the time at which the shelter hearing is held under Section 
80-3-301
;
(b) an individual, with preference being given in accordance with Subsection (4), can
be identified who has the ability and is willing to provide care for the child who would
otherwise be placed in shelter care, including:
(i) taking the child to medical, mental health, dental, and educational appointments at
the request of the division; and
(ii) making the child available to division services and the guardian ad litem; and
(c) the individual described in Subsection (1)(b) agrees to care for the child on an
emergency basis under the following conditions:
(i) the individual meets the criteria for an emergency placement under Subsection (2);
(ii) the individual agrees to not allow the custodial parent or guardian to have any
contact with the child until after the time at which the shelter hearing is held unless authorized
by the division in writing;
(iii) the individual agrees to contact law enforcement and the division if the custodial
parent or guardian attempts to make unauthorized contact with the child;
(iv) the individual agrees to allow the division and the child's guardian ad litem to have
access to the child;
(v) the individual is informed and understands that the division may continue to search
for other possible placements for long-term care of the child, if needed;
(vi) the individual is willing to assist the custodial parent or guardian in reunification
efforts at the request of the division, and to follow all court orders; and
(vii) the child is comfortable with the individual.
(2) Except as provided in Subsection (4), before the day on which the division places a
child in an emergency placement, the division:
(a) may request the name of a reference and may contact the reference to determine
whether:
(i) the individual identified as a reference would place a child in the home of the
emergency placement; and
(ii) there are any other relatives or friends to consider as a possible emergency or
long-term placement for the child;
(b) in accordance with Subsection (4)(a), shall have the custodial parent or guardian
sign an emergency placement agreement form during the investigation described in Subsection
(2)(a);
(c) (i) if the emergency placement will be with a relative, shall comply with the
background check provisions described in Subsection (6); or
(ii) if the emergency placement will be with an individual other than a noncustodial
parent or relative, shall comply with the background check provisions described in Subsection
(7) for adults living in the household where the child will be placed;
(d) shall complete a limited home inspection of the home where the emergency
placement is made; and
(e) shall require the child welfare caseworker to have the emergency placement
approved by a supervisor designated by the division.
(3) (a) The division shall apply the following order of preference when determining the
person with whom a child will be placed in an emergency placement, provided that the
individual is able and willing to care for the child:
(i) a noncustodial parent of the child in accordance with Section 
80-3-302
;
(ii) a relative;
(iii) subject to Subsection (3)(b), a friend designated by the custodial parent, guardian,
or the child, if the child is of sufficient maturity to articulate the child's wishes in relation to a
placement;
(iv) a former foster placement designated by the division;
(v) a foster placement, that is not a former foster placement, designated by the division;
and
(vi) a shelter facility designated by the division.
(b) In determining whether a friend is a willing and appropriate temporary emergency
placement for a child, the division:
(i) subject to Subsections (3)(b)(ii) through (iv), shall consider the child's preferences
or level of comfort with the friend;
(ii) is required to consider no more than one friend designated by each parent or legal
guardian of the child and one friend designated by the child, if the child is of sufficient maturity
to articulate the child's wishes in relation to a placement;
(iii) may limit the number of designated friends to two, one of whom shall be a friend
designated by the child, if the child is of sufficient maturity to articulate the child's wishes in
relation to a placement; and
(iv) shall give preference to a friend designated by the child, if:
(A) the child is of sufficient maturity to articulate the child's wishes; and
(B) the division's basis for removing the child under Section 
80-2a-202
 is sexual abuse
of the child.
(4) (a) The division may, pending the outcome of the investigation described in
Subsections (4)(b) and (c), place a child in emergency placement with the child's noncustodial
parent if, based on a limited investigation before the day on which the division makes the
emergency placement, the division:
(i) determines that the noncustodial parent has regular, unsupervised visitation with the
child that is not prohibited by law or court order;
(ii) determines that there is not reason to believe that the child's health or safety will be
endangered during the emergency placement; and
(iii) has the custodial parent or guardian sign an emergency placement agreement.
(b) Either before or after the day on which the division makes an emergency placement
with the noncustodial parent of the child, the division may conduct the investigation described
in Subsection (2)(a) in relation to the noncustodial parent.
(c) Before, or within one day, excluding weekends and holidays, after the day on which
the division places a child in an emergency placement with the noncustodial parent of the child,
the division shall conduct a limited:
(i) background check of the noncustodial parent, under Subsection (6); and
(ii) inspection of the home where the emergency placement is made.
(5) After an emergency placement, the child welfare caseworker must:
(a) respond to the emergency placement's calls within one hour after the call is received
if the custodial parent or guardian attempts to make unauthorized contact with the child or
attempts to remove the child from the emergency placement;
(b) complete all removal paperwork, including the notice provided to the child's
custodial parent or guardian under Section 
80-3-301
;
(c) if the child is not placed with a noncustodial parent, relative, or friend, file a report
with the child welfare caseworker's supervisor that explains why a different placement is in the
child's best interest;
(d) contact the attorney general to schedule a shelter hearing;
(e) complete the placement procedures required in Section 
80-3-302
; and
(f) continue to search for other relatives as a possible long-term placement for the
child, if needed.
(6) (a) The background check described in Subsections (2)(c)(i) and (4)(c)(i) shall
include completion of:
(i) a name-based, Utah Bureau of Criminal Identification background check; and
(ii) a search of the Management Information System.
(b) The division shall determine whether an individual passes the background check
described in Subsection (6)(a) in accordance with Section [
62A-2-120
] 
26B-2-120
.
(c) Notwithstanding Subsection (6)(b), the division may not place a child with an
individual who is prohibited by court order from having access to the child.
(7) (a) The background check described in Subsection (2)(c)(ii) shall include
completion of:
(i) a name-based, Utah Bureau of Criminal Identification background check;
(ii) a federal name-based criminal background check; and
(iii) a search of the Management Information System.
(b) The division shall determine whether an individual passes the background check
described in Subsection (7)(a) in accordance with Section [
62A-2-120
] 
26B-2-120
.
(c) If the division denies placement of a child as a result of a name-based criminal
background check described in Subsection (7)(a), and the individual contests the denial, the
individual shall submit a complete set of fingerprints with written permission to the Utah
Bureau of Criminal Identification for submission to the Federal Bureau of Investigation for a
fingerprint-based criminal background check.
(d) (i) Within 15 calendar days after the day on which the name-based background
checks are completed, the division shall require the individual to provide a complete set of
fingerprints with written permission to the Utah Bureau of Criminal Identification for
submission to the Federal Bureau of Investigation for a fingerprint-based criminal background
check.
(ii) If the individual fails to provide the fingerprints and written permission described
in Subsection (7)(d)(i), the child shall immediately be removed from the child's home.
Section 139. Section 
80-3-110
 is amended to read:
80-3-110.
Consideration of cannabis during proceedings -- Drug testing.
(1) As used in this section:
(a) "Cannabis" means the same as that term is defined in Section [
26-61a-102
]
26B-4-201
.
(b) "Cannabis product" means the same as that term is defined in Section [
26-61a-102
]
26B-4-201
.
(c) (i) "Chronic" means repeated or patterned.
(ii) "Chronic" does not mean an isolated incident.
(d) "Directions of use" means the same as that term is defined in Section [
26-61a-102
]
26B-4-201
.
(e) "Dosing guidelines" means the same as that term is defined in Section [
26-61a-102
]
26B-4-201
.
(f) "Medical cannabis" means the same as that term is defined in Section [
26-61a-102
]
26B-4-201
.
(g) "Medical cannabis cardholder" means the same as that term is defined in Section
[
26-61a-102
] 
26B-4-201
.
(h) " Recommending medical provider" means the same as that term is defined in
Section [
26-61a-102
] 
26B-4-201
.
(2) In a proceeding under this chapter, in which the juvenile court makes a finding,
determination, or otherwise considers an individual's medical cannabis card, medical cannabis
recommendation from a recommending medical provider, or possession or use of medical
cannabis, a cannabis product, or a medical cannabis device, the juvenile court may not consider
or treat the individual's medical cannabis card, recommendation, possession, or use any
differently than the lawful possession or use of any prescribed controlled substance if:
(a) the individual's possession or use complies with Title 4, Chapter 41a, Cannabis
Production Establishments;
(b) the individual's possession or use complies with Subsection 
58-37-3.7
(2) or (3); or
(c) (i) the individual's possession or use complies with [
Title 26, Chapter 61a, Utah
Medical Cannabis Act
] 
Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical
Cannabis
; and
(ii) the individual reasonably complies with the directions of use and dosing guidelines
determined by the individual's recommending medical provider or through a consultation
described in Subsection 
[
26-61a-502
] 
26B-4-230
(4) or (5).
(3) In a proceeding under this chapter, a child's parent's or guardian's use of cannabis or
a cannabis product is not abuse or neglect of the child unless there is evidence showing that:
(a) the child is harmed because of the child's inhalation or ingestion of cannabis, or
because of cannabis being introduced to the child's body in another manner; or
(b) the child is at an unreasonable risk of harm because of chronic inhalation or
ingestion of cannabis or chronic introduction of cannabis to the child's body in another manner.
(4) Unless there is harm or an unreasonable risk of harm to the child as described in
Subsection (3), in a child welfare proceeding under this chapter, a child's parent's or guardian's
use of medical cannabis or a cannabis product is not contrary to the best interests of the child
if:
(a) for a medical cannabis cardholder after January 1, 2021, the parent's or guardian's
possession or use complies with [
Title 26, Chapter 61a, Utah Medical Cannabis Act
] 
Title 26B,
Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis
, and there is no evidence that
the parent's or guardian's use of medical cannabis unreasonably deviates from the directions of
use and dosing guidelines determined by the parent's or guardian's recommending medical
provider or through a consultation described in Subsection [
26-61a-502
] 
26B-4-230
(4) or (5);
or
(b) before January 1, 2021, the parent's or guardian's possession or use complies with
Subsection 
58-37-3.7
(2) or (3).
(5) Subsection (3) does not prohibit a finding of abuse or neglect of a child, and
Subsection (3) does not prohibit a finding that a parent's or guardian's use of medical cannabis
or a cannabis product is contrary to the best interests of a child, if there is evidence showing a
nexus between the parent's or guardian's use of cannabis or a cannabis product and behavior
that would separately constitute abuse or neglect of the child.
(6) If an individual, who is party to a proceeding under this chapter, is ordered by the
juvenile court to submit to drug testing, or is referred by the division or a guardian ad litem for
drug testing, the individual may not be ordered or referred for drug testing by means of a hair
or fingernail test that is administered to detect the presence of drugs.
Section 140. Section 
80-3-204
 is amended to read:
80-3-204.
Protective custody of a child after a petition is filed -- Grounds.
(1) When an abuse, neglect, or dependency petition is filed, the juvenile court shall
apply, in addressing the petition, the least restrictive means and alternatives available to
accomplish a compelling state interest and to prevent irretrievable destruction of family life as
described in Subsections 
80-2a-201
(1) and (7)(a) and Section 
80-4-104
.
(2) After an abuse, neglect, or dependency petition is filed, if the child who is the
subject of the petition is not in protective custody, a juvenile court may order that the child be
removed from the child's home or otherwise taken into protective custody if the juvenile court
finds, by a preponderance of the evidence, that any one or more of the following circumstances
exist:
(a) (i) there is an imminent danger to the physical health or safety of the child; and
(ii) the child's physical health or safety may not be protected without removing the
child from the custody of the child's parent or guardian;
(b) (i) a parent or guardian engages in or threatens the child with unreasonable conduct
that causes the child to suffer harm; and
(ii) there are no less restrictive means available by which the child's emotional health
may be protected without removing the child from the custody of the child's parent or guardian;
(c) the child or another child residing in the same household has been, or is considered
to be at substantial risk of being, physically abused, sexually abused, or sexually exploited, by a
parent or guardian, a member of the parent's or guardian's household, or other individual
known to the parent or guardian;
(d) the parent or guardian is unwilling to have physical custody of the child;
(e) the child is abandoned or left without any provision for the child's support;
(f) a parent or guardian who has been incarcerated or institutionalized has not arranged
or cannot arrange for safe and appropriate care for the child;
(g) (i) a relative or other adult custodian with whom the child is left by the parent or
guardian is unwilling or unable to provide care or support for the child;
(ii) the whereabouts of the parent or guardian are unknown; and
(iii) reasonable efforts to locate the parent or guardian are unsuccessful;
(h) subject to Subsection 
80-1-102
(58)(b) and Sections 
80-3-109
 and 
80-3-304
, the
child is in immediate need of medical care;
(i) (i) a parent's or guardian's actions, omissions, or habitual action create an
environment that poses a serious risk to the child's health or safety for which immediate
remedial or preventive action is necessary; or
(ii) a parent's or guardian's action in leaving a child unattended would reasonably pose
a threat to the child's health or safety;
(j) the child or another child residing in the same household has been neglected;
(k) the child's natural parent:
(i) intentionally, knowingly, or recklessly causes the death of another parent of the
child;
(ii) is identified by a law enforcement agency as the primary suspect in an investigation
for intentionally, knowingly, or recklessly causing the death of another parent of the child; or
(iii) is being prosecuted for or has been convicted of intentionally, knowingly, or
recklessly causing the death of another parent of the child;
(l) an infant is an abandoned infant, as defined in Section 
80-4-203
;
(m) (i) the parent or guardian, or an adult residing in the same household as the parent
or guardian, is charged or arrested pursuant to Title 58, Chapter 37d, Clandestine Drug Lab
Act; and
(ii) any clandestine laboratory operation was located in the residence or on the property
where the child resided; or
(n) the child's welfare is otherwise endangered.
(3) (a) For purposes of Subsection (2)(a), if a child has previously been adjudicated as
abused, neglected, or dependent, and a subsequent incident of abuse, neglect, or dependency
occurs involving the same substantiated abuser or under similar circumstance as the previous
abuse, that fact is prima facie evidence that the child cannot safely remain in the custody of the
child's parent.
(b) For purposes of Subsection (2)(c):
(i) another child residing in the same household may not be removed from the home
unless that child is considered to be at substantial risk of being physically abused, sexually
abused, or sexually exploited as described in Subsection (2)(c) or Subsection (3)(b)(ii); and
(ii) if a parent or guardian has received actual notice that physical abuse, sexual abuse,
or sexual exploitation by an individual known to the parent has occurred, and there is evidence
that the parent or guardian failed to protect the child, after having received the notice, by
allowing the child to be in the physical presence of the alleged abuser, that fact is prima facie
evidence that the child is at substantial risk of being physically abused, sexually abused, or
sexually exploited.
(4) (a) For purposes of Subsection (2), if the division files an abuse, neglect, or
dependency petition, the juvenile court shall consider the division's safety and risk assessments
described in Section 
80-2-403
 to determine whether a child should be removed from the
custody of the child's parent or guardian or should otherwise be taken into protective custody.
(b) The division shall make a diligent effort to provide the safety and risk assessments
described in Section 
80-2-403
 to the juvenile court, guardian ad litem, and counsel for the
parent or guardian, as soon as practicable before the shelter hearing described in Section
80-3-301
.
(5) In the absence of one of the factors described in Subsection (2), a juvenile court
may not remove a child from the parent's or guardian's custody on the basis of:
(a) educational neglect, truancy, or failure to comply with a court order to attend
school;
(b) mental illness or poverty of the parent or guardian;
(c) disability of the parent or guardian, as defined in Section 
57-21-2
; or
(d) the possession or use, in accordance with [
Title 26, Chapter 61a, Utah Medical
Cannabis Act
] 
Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis
, of
cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, or a
medical cannabis device, as those terms are defined in Section [
26-61a-102
] 
26B-4-201
.
(6) A child removed from the custody of the child's parent or guardian under this
section may not be placed or kept in detention, unless the child may be admitted to detention
under Chapter 6, Part 2, Custody and Detention.
(7) This section does not preclude removal of a child from the child's home without a
warrant or court order under Section 
80-2a-202
.
(8) (a) Except as provided in Subsection (8)(b), a juvenile court and the division may
not remove a child from the custody of the child's parent or guardian on the sole or primary
basis that the parent or guardian refuses to consent to:
(i) the administration of a psychotropic medication to a child;
(ii) a psychiatric, psychological, or behavioral treatment for a child; or
(iii) a psychiatric or behavioral health evaluation of a child.
(b) Notwithstanding Subsection (8)(a), a juvenile court or the division may remove a
child under conditions that would otherwise be prohibited under Subsection (8)(a) if failure to
take an action described under Subsection (8)(a) would present a serious, imminent risk to the
child's physical safety or the physical safety of others.
Section 141. Section 
80-3-302
 is amended to read:
80-3-302.
Shelter hearing -- Placement of a child.
(1) As used in this section:
(a) "Natural parent," notwithstanding Section 
80-1-102
, means:
(i) a biological or adoptive mother of the child;
(ii) an adoptive father of the child; or
(iii) a biological father of the child who:
(A) was married to the child's biological mother at the time the child was conceived or
born; or
(B) has strictly complied with Sections 
78B-6-120
 through 
78B-6-122
, before removal
of the child or voluntary surrender of the child by the custodial parent.
(b) "Natural parent" includes the individuals described in Subsection (1)(a) regardless
of whether the child has been or will be placed with adoptive parents or whether adoption has
been or will be considered as a long-term goal for the child.
(2) (a) At the shelter hearing, if the juvenile court orders that a child be removed from
the custody of the child's parent in accordance with Section 
80-3-301
, the juvenile court shall
first determine whether there is another natural parent with whom the child was not residing at
the time the events or conditions that brought the child within the juvenile court's jurisdiction
occurred, who desires to assume custody of the child.
(b) Subject to Subsection (7), if another natural parent requests custody under
Subsection (2)(a), the juvenile court shall place the child with that parent unless the juvenile
court finds that the placement would be unsafe or otherwise detrimental to the child.
(c) The juvenile court:
(i) shall make a specific finding regarding the fitness of the parent described in
Subsection (2)(b) to assume custody, and the safety and appropriateness of the placement;
(ii) shall, at a minimum, order the division to visit the parent's home, comply with the
criminal background check provisions described in Section 
80-3-305
, and check the
Management Information System for any previous reports of abuse or neglect received by the
division regarding the parent at issue;
(iii) may order the division to conduct any further investigation regarding the safety
and appropriateness of the placement; and
(iv) may place the child in the temporary custody of the division, pending the juvenile
court's determination regarding the placement.
(d) The division shall report the division's findings from an investigation under
Subsection (2)(c), regarding the child in writing to the juvenile court.
(3) If the juvenile court orders placement with a parent under Subsection (2):
(a) the child and the parent are under the continuing jurisdiction of the juvenile court;
(b) the juvenile court may order:
(i) that the parent take custody subject to the supervision of the juvenile court; and
(ii) that services be provided to the parent from whose custody the child was removed,
the parent who has assumed custody, or both; and
(c) the juvenile court shall order reasonable parent-time with the parent from whose
custody the child was removed, unless parent-time is not in the best interest of the child.
(4) The juvenile court shall periodically review an order described in Subsection (3) to
determine whether:
(a) placement with the parent continues to be in the child's best interest;
(b) the child should be returned to the original custodial parent;
(c) the child should be placed with a relative under Subsections (6) through (9); or
(d) the child should be placed in the temporary custody of the division.
(5) (a) Legal custody of the child is not affected by an order entered under Subsection
(2) or (3).
(b) To affect a previous court order regarding legal custody, the party shall petition the
court for modification of legal custody.
(6) Subject to Subsection (7), if, at the time of the shelter hearing, a child is removed
from the custody of the child's parent and is not placed in the custody of the child's other
parent, the juvenile court:
(a) shall, at that time, determine whether there is a relative or a friend who is able and
willing to care for the child, which may include asking a child, who is of sufficient maturity to
articulate the child's wishes in relation to a placement, if there is a relative or friend with whom
the child would prefer to reside;
(b) may order the division to conduct a reasonable search to determine whether there
are relatives or friends who are willing and appropriate, in accordance with the requirements of
this chapter, Chapter 2, Child Welfare Services, and Chapter 2a, Removal and Protective
Custody of a Child, for placement of the child;
(c) shall order the parents to cooperate with the division, within five working days, to
provide information regarding relatives or friends who may be able and willing to care for the
child; and
(d) may order that the child be placed in the temporary custody of the division pending
the determination under Subsection (6)(a).
(7) (a) (i) Subject to Subsections (7)(b) through (d) and if the provisions of this section
are satisfied, the division and the juvenile court shall give preferential consideration to a
relative's or a friend's request for placement of the child, if the placement is in the best interest
of the child.
(ii) For purposes of the preferential consideration under Subsection (7)(a)(i), there is a
rebuttable presumption that placement of the child with a relative is in the best interest of the
child.
(b) (i) The preferential consideration that the juvenile court or division initially grants a
relative or friend under Subsection (7)(a)(i) expires 120 days after the day on which the shelter
hearing occurs.
(ii) After the day on which the time period described in Subsection (7)(b)(i) expires,
the division or the juvenile court may not grant preferential consideration to a relative or friend,
who has not obtained custody or asserted an interest in the child.
(c) (i) The preferential consideration that the juvenile court initially grants a natural
parent under Subsection (2) is limited after 120 days after the day on which the shelter hearing
occurs.
(ii) After the time period described in Subsection (7)(c)(i), the juvenile court shall base
the juvenile court's custody decision on the best interest of the child.
(d) Before the day on which the time period described in Subsection (7)(c)(i) expires,
the following order of preference shall be applied when determining the individual with whom
a child will be placed, provided that the individual is willing and able to care for the child:
(i) a noncustodial parent of the child;
(ii) a relative of the child;
(iii) subject to Subsection (7)(e), a friend if the friend is a licensed foster parent; and
(iv) other placements that are consistent with the requirements of law.
(e) In determining whether a friend is a willing, able, and appropriate placement for a
child, the juvenile court or the division:
(i) subject to Subsections (7)(e)(ii) through (iv), shall consider the child's preferences
or level of comfort with the friend;
(ii) is required to consider no more than one friend designated by each parent of the
child and one friend designated by the child if the child is of sufficient maturity to articulate the
child's wishes in relation to a placement;
(iii) may limit the number of designated friends to two, one of whom shall be a friend
designated by the child if the child is of sufficient maturity to articulate the child's wishes in
relation to a placement; and
(iv) shall give preference to a friend designated by the child if:
(A) the child is of sufficient maturity to articulate the child's wishes; and
(B) the basis for removing the child under Section 
80-3-301
 is sexual abuse of the
child.
(f) (i) If a parent of the child or the child, if the child is of sufficient maturity to
articulate the child's wishes in relation to a placement, is not able to designate a friend who is a
licensed foster parent for placement of the child, but is able to identify a friend who is willing
to become licensed as a foster parent, the department shall fully cooperate to expedite the
licensing process for the friend.
(ii) If the friend described in Subsection (7)(f)(i) becomes licensed as a foster parent
within the time frame described in Subsection (7)(b), the juvenile court shall determine
whether it is in the best interest of the child to place the child with the friend.
(8) (a) If a relative or friend who is willing to cooperate with the child's permanency
goal is identified under Subsection (6)(a), the juvenile court:
(i) shall make a specific finding regarding:
(A) the fitness of that relative or friend as a placement for the child; and
(B) the safety and appropriateness of placement with the relative or friend; and
(ii) may not consider a request for guardianship or adoption of the child by an
individual who is not a relative of the child, or prevent the division from placing the child in
the custody of a relative of the child in accordance with this part, until after the day on which
the juvenile court makes the findings under Subsection (8)(a)(i).
(b) In making the finding described in Subsection (8)(a), the juvenile court shall, at a
minimum, order the division to:
(i) if the child may be placed with a relative, conduct a background check that includes:
(A) completion of a nonfingerprint-based, Utah Bureau of Criminal Identification
background check of the relative;
(B) a completed search, relating to the relative, of the Management Information
System; and
(C) a background check that complies with the criminal background check provisions
described in Section 
80-3-305
, of each nonrelative of the child who resides in the household
where the child may be placed;
(ii) if the child will be placed with a noncustodial parent, complete a background check
that includes:
(A) the background check requirements applicable to an emergency placement with a
noncustodial parent that are described in Subsections 
80-2a-301
(4) and (6);
(B) a completed search, relating to the noncustodial parent of the child, of the
Management Information System; and
(C) a background check that complies with the criminal background check provisions
described in Section 
80-3-305
, of each nonrelative of the child who resides in the household
where the child may be placed;
(iii) if the child may be placed with an individual other than a noncustodial parent or a
relative, conduct a criminal background check of the individual, and each adult that resides in
the household where the child may be placed, that complies with the criminal background
check provisions described in Section 
80-3-305
;
(iv) visit the relative's or friend's home;
(v) check the Management Information System for any previous reports of abuse or
neglect regarding the relative or friend at issue;
(vi) report the division's findings in writing to the juvenile court; and
(vii) provide sufficient information so that the juvenile court may determine whether:
(A) the relative or friend has any history of abusive or neglectful behavior toward other
children that may indicate or present a danger to this child;
(B) the child is comfortable with the relative or friend;
(C) the relative or friend recognizes the parent's history of abuse and is committed to
protect the child;
(D) the relative or friend is strong enough to resist inappropriate requests by the parent
for access to the child, in accordance with court orders;
(E) the relative or friend is committed to caring for the child as long as necessary; and
(F) the relative or friend can provide a secure and stable environment for the child.
(c) The division may determine to conduct, or the juvenile court may order the division
to conduct, any further investigation regarding the safety and appropriateness of the placement
described in Subsection (8)(a).
(d) The division shall complete and file the division's assessment regarding placement
with a relative or friend under Subsections (8)(a) and (b) as soon as practicable, in an effort to
facilitate placement of the child with a relative or friend.
(9) (a) The juvenile court may place a child described in Subsection (2)(a) in the
temporary custody of the division, pending the division's investigation under Subsection (8),
and the juvenile court's determination regarding the appropriateness of the placement.
(b) The juvenile court shall ultimately base the juvenile court's determination regarding
the appropriateness of a placement with a relative or friend on the best interest of the child.
(10) If a juvenile court places a child described in Subsection (6) with the child's
relative or friend:
(a) the juvenile court shall:
(i) order the relative or friend take custody, subject to the continuing supervision of the
juvenile court;
(ii) provide for reasonable parent-time with the parent or parents from whose custody
the child is removed, unless parent-time is not in the best interest of the child; and
(iii) conduct a periodic review no less often than every six months, to determine
whether:
(A) placement with a relative or friend continues to be in the child's best interest;
(B) the child should be returned home; or
(C) the child should be placed in the custody of the division;
(b) the juvenile court may enter an order:
(i) requiring the division to provide necessary services to the child and the child's
relative or friend, including the monitoring of the child's safety and well-being; or
(ii) that the juvenile court considers necessary for the protection and best interest of the
child; and
(c) the child and the relative or friend in whose custody the child is placed are under
the continuing jurisdiction of the juvenile court;
(11) No later than 12 months after the day on which the child is removed from the
home, the juvenile court shall schedule a hearing for the purpose of entering a permanent order
in accordance with the best interest of the child.
(12) The time limitations described in Section 
80-3-406
, with regard to reunification
efforts, apply to a child placed with a previously noncustodial parent under Subsection (2) or
with a relative or friend under Subsection (6).
(13) (a) If the juvenile court awards temporary custody of a child to the division, and
the division places the child with a relative, the division shall:
(i) conduct a criminal background check of the relative that complies with the criminal
background check provisions described in Section 
80-3-305
; and
(ii) if the results of the criminal background check described in Subsection (13)(a)(i)
would prohibit the relative from having direct access to the child under Section [
62A-2-120
]
26B-2-120
, the division shall:
(A) take the child into physical custody; and
(B) within three days, excluding weekends and holidays, after the day on which the
child is taken into physical custody under Subsection (13)(a)(ii)(A), give written notice to the
juvenile court, and all parties to the proceedings, of the division's action.
(b) Subsection (13)(a) does not prohibit the division from placing a child with a
relative, pending the results of the background check described in Subsection (13)(a) on the
relative.
(14) If the juvenile court orders that a child be removed from the custody of the child's
parent and does not award custody and guardianship to another parent, relative, or friend under
this section, the juvenile court shall order that the child be placed in the temporary custody of
the division, to proceed to adjudication and disposition and to be provided with care and
services in accordance with this chapter, Chapter 2, Child Welfare Services, and Chapter 2a,
Removal and Protective Custody of a Child.
(15) (a) If a child reenters the temporary custody or the custody of the division and is
placed in foster care, the division shall:
(i) notify the child's former foster parents; and
(ii) upon a determination of the former foster parents' willingness and ability to safely
and appropriately care for the child, give the former foster parents preference for placement of
the child.
(b) If, after the shelter hearing, the child is placed with an individual who is not a
parent, a relative, a friend, or a former foster parent of the child, priority shall be given to a
foster placement with a married couple, unless it is in the best interests of the child to place the
child with a single foster parent.
(16) In determining the placement of a child, the juvenile court and the division may
not take into account, or discriminate against, the religion of an individual with whom the child
may be placed, unless the purpose of taking religion into account is to place the child with an
individual or family of the same religion as the child.
(17) If the juvenile court's decision differs from a child's express wishes if the child is
of sufficient maturity to articulate the wishes in relation to the child's placement, the juvenile
court shall make findings explaining why the juvenile court's decision differs from the child's
wishes.
(18) This section does not guarantee that an identified relative or friend will receive
custody of the child.
Section 142. Section 
80-3-305
 is amended to read:
80-3-305.
Criminal background checks necessary before out-of-home placement
of a child.
(1) Subject to Subsection (3), upon ordering removal of a child from the custody of the
child's parent and placing that child in the temporary custody or custody of the division before
the division places a child in out-of-home care, the juvenile court shall require the completion
of a nonfingerprint-based background check by the Utah Bureau of Criminal Identification
regarding the proposed placement.
(2) (a) Except as provided in Subsection (4), the division or the Office of Guardian Ad
Litem may request, or the juvenile court upon the juvenile court's own motion, may order, the
Department of Public Safety to conduct a complete Federal Bureau of Investigation criminal
background check through the national criminal history system (NCIC).
(b) (i) Except as provided in Subsection (4), upon request by the division or the Office
of Guardian ad Litem, or upon the juvenile court's order, an individual subject to the
requirements of Subsection (1) shall submit fingerprints and shall be subject to an FBI
fingerprint background check.
(ii) The child may be temporarily placed, pending the outcome of the background
check described in Subsection (2)(b)(i).
(c) (i) Except as provided in Subsection (2)(c)(ii), the cost of the investigations
described in Subsection (2)(a) shall be borne by whoever is to receive placement of the child.
(ii) The division may pay all or part of the cost of the investigations described in
Subsection (2)(a).
(3) Except as provided in Subsection (5), a child who is in the protective custody,
temporary custody, or custody of the division may not be placed with a prospective foster
parent or a prospective adoptive parent, unless, before the child is placed with the prospective
foster parent or the prospective adoptive parent:
(a) a fingerprint based FBI national criminal history records check is conducted on the
prospective foster parent or prospective adoptive parent and any other adult residing in the
household;
(b) the department conducts a check of the abuse and neglect registry in each state
where the prospective foster parent or prospective adoptive parent resided in the five years
immediately before the day on which the prospective foster parent or prospective adoptive
parent applied to be a foster parent or adoptive parent, to determine whether the prospective
foster parent or prospective adoptive parent is listed in the registry as having a substantiated or
supported finding of a severe type of abuse or neglect;
(c) the department conducts a check of the abuse and neglect registry of each state
where each adult living in the home of the prospective foster parent or prospective adoptive
parent described in Subsection (3)(b) resided in the five years immediately before the day on
which the prospective foster parent or prospective adoptive parent applied to be a foster parent
or adoptive parent, to determine whether the adult is listed in the registry as having a
substantiated or supported finding of a severe type of abuse or neglect; and
(d) each individual required to undergo a background check described in this
Subsection (3) passes the background check, in accordance with the provisions of Section
[
62A-2-120
] 
26B-2-120
.
(4) Subsections (2)(a) and (b) do not apply to a child who is placed with a noncustodial
parent or relative under Section 
80-2a-301
, 
80-3-302
, or 
80-3-303
, unless the juvenile court
finds that compliance with Subsection (2)(a) or (b) is necessary to ensure the safety of the
child.
(5) The requirements under Subsection (3) do not apply to the extent that:
(a) federal law or rule permits otherwise; or
(b) the requirements would prohibit the division or a juvenile court from placing a
child with:
(i) a noncustodial parent, under Section 
80-2a-301
, 
80-3-302
, or 
80-3-303
; or
(ii) a relative, under Section 
80-2a-301
, 
80-3-302
, or 
80-3-303
, pending completion of
the background check described in Subsection (3).
Section 143. Section 
80-3-404
 is amended to read:
80-3-404.
Finding of severe child abuse or neglect -- Order delivered to division --
Court records.
(1) If an abuse, neglect, or dependency petition is filed with the juvenile court that
informs the juvenile court that the division has made a supported finding that an individual
committed a severe type of child abuse or neglect, the juvenile court shall:
(a) make a finding of substantiated, unsubstantiated, or without merit;
(b) include the finding described in Subsection (1)(a) in a written order; and
(c) deliver a certified copy of the order described in Subsection (1)(b) to the division.
(2) The juvenile court shall make the finding described in Subsection (1):
(a) as part of the adjudication hearing;
(b) at the conclusion of the adjudication hearing; or
(c) as part of a court order entered under a written stipulation of the parties.
(3) In accordance with Section 
80-2-707
, a proceeding for adjudication of a supported
finding of a type of abuse or neglect that does not constitute a severe type of child abuse or
neglect may be joined in the juvenile court with an adjudication of a severe type of child abuse
or neglect.
(4) (a) The juvenile court shall make records of the juvenile court's findings under
Subsection (1) available only to an individual with statutory authority to access the Licensing
Information System for the purposes of licensing under Sections [
26-39-402
, 
26B-1-211
, and
62A-2-120
] 
26B-1-211
, 
26B-2-120
, and 
26B-2-404
, or for the purposes described in Sections
[
26-8a-310
, 
62A-2-121
, or Title 26, Chapter 21, Part 2, Clearance for Direct Patient Access
]
26B-2-121
, 
26B-2-238
 through 
26B-2-241
, or 
26B-4-124
.
(b) An appellate court shall make records of an appeal from the juvenile court's
decision under Subsection (1) available only to an individual with statutory authority to access
the Licensing Information System for the purposes described in Subsection (4)(a).
Section 144. Section 
80-3-405
 is amended to read:
80-3-405.
Dispositions after adjudication.
(1) (a) Upon adjudication under Subsection 
80-3-402
(1), the juvenile court may make
the dispositions described in Subsection (2) at the dispositional hearing.
(2) (a) (i) The juvenile court may vest custody of an abused, neglected, or dependent
minor in the division or any other appropriate person, with or without court-specified child
welfare services, in accordance with the requirements and procedures of this chapter.
(ii) When placing a minor in the custody of the division or any other appropriate
person, the juvenile court:
(A) shall give primary consideration to the welfare of the minor;
(B) shall give due consideration to the rights of the parent or parents concerning the
minor; and
(C) when practicable, may take into consideration the religious preferences of the
minor and of the minor's parents or guardian.
(b) (i) The juvenile court may appoint a guardian for the minor if it appears necessary
in the interest of the minor.
(ii) A guardian appointed under Subsection (2)(b)(i) may be a public or private
institution or agency, but not a nonsecure residential placement provider, in which legal
custody of the minor is vested.
(iii) When placing a minor under the guardianship of an individual or of a private
agency or institution, the juvenile court:
(A) shall give primary consideration to the welfare of the minor; and
(B) when practicable, may take into consideration the religious preferences of the
minor and of the minor's parents or guardian.
(c) The juvenile court may order:
(i) protective supervision;
(ii) family preservation;
(iii) sibling visitation; or
(iv) other services.
(d) (i) If a minor has been placed with an individual or relative as a result of an
adjudication under this chapter, the juvenile court may enter an order of permanent legal
custody and guardianship with the individual or relative of the minor.
(ii) If a juvenile court enters an order of permanent custody and guardianship with an
individual or relative of a minor under Subsection (2)(d)(i), the juvenile court may, in
accordance with Section 
78A-6-356
, enter an order for child support on behalf of the minor
against the natural parents of the minor.
(iii) An order under this Subsection (2)(d):
(A) shall remain in effect until the minor is 18 years old;
(B) is not subject to review under Section 
78A-6-358
; and
(C) may be modified by petition or motion as provided in Section 
78A-6-357
.
(e) The juvenile court may order a child be committed to the physical custody, as
defined in Section [
62A-15-701
] 
26B-5-401
, of a local mental health authority, in accordance
with the procedures and requirements of [
Title 62A, Chapter 15, Part 7, Commitment of
Persons Under Age 18 to Division of Substance Abuse and Mental Health
] 
Title 26B, Chapter
5, Part 4, Commitment of Persons Under Age 18
.
(f) (i) If the child has an intellectual disability, the juvenile court may make an order
committing a minor to the Utah State Developmental Center in accordance with [
Title 62A,
Chapter 5, Part 3, Admission to an Intermediate Care Facility for People with an Intellectual
Disability
] 
Title 26B, Chapter 6, Part 6, Admission to an Intermediate Care Facility for People
with an Intellectual Disability
.
(ii) The juvenile court shall follow the procedure applicable in the district court with
respect to judicial commitments to the Utah State Developmental Center when ordering a
commitment under Subsection (2)(f)(i).
(g) (i) Subject to Subsection 
80-1-102
(58)(b) and Section 
80-3-304
, the juvenile court
may order that a minor:
(A) be examined or treated by a mental health therapist, as described in Section
80-3-109
; or
(B) receive other special care.
(ii) For purposes of receiving the examination, treatment, or care described in
Subsection (2)(g)(i), the juvenile court may place the minor in a hospital or other suitable
facility that is not secure care or secure detention.
(iii) In determining whether to order the examination, treatment, or care described in
Subsection (2)(g)(i), the juvenile court shall consider:
(A) the desires of the minor;
(B) the desires of the parent or guardian of the minor if the minor is younger than 18
years old; and
(C) whether the potential benefits of the examination, treatment, or care outweigh the
potential risks and side-effects, including behavioral disturbances, suicidal ideation, brain
function impairment, or emotional or physical harm resulting from the compulsory nature of
the examination, treatment, or care.
(h) The juvenile court may make other reasonable orders for the best interest of the
minor.
(3) Upon an adjudication under this chapter, the juvenile court may not:
(a) commit a minor solely on the ground of abuse, neglect, or dependency to the
Division of Juvenile Justice 
and Youth
 Services;
(b) assume the function of developing foster home services; or
(c) vest legal custody of an abused, neglected, or dependent minor in the division to
primarily address the minor's ungovernable or other behavior, mental health, or disability,
unless the division:
(i) engages other relevant divisions within the department that are conducting an
assessment of the minor and the minor's family's needs;
(ii) based on the assessment described in Subsection (3)(c)(i), determines that vesting
custody of the minor in the division is the least restrictive intervention for the minor that meets
the minor's needs; and
(iii) consents to legal custody of the minor being vested in the division.
(4) The juvenile court may combine the dispositions listed in Subsection (2) if
combining the dispositions is permissible and the dispositions are compatible.
Section 145. Section 
80-3-504
 is amended to read:
80-3-504.
Petition for substantiation -- Court findings -- Expedited hearing --
Records of an appeal.
(1) The division or an individual may file a petition for substantiation in accordance
with Section 
80-2-1004
.
(2) If the division decides to file a petition for substantiation under Section 
80-2-1004
,
the division shall file the petition no more than 14 days after the day on which the division
makes the decision.
(3) At the conclusion of the hearing on a petition for substantiation, the juvenile court
shall:
(a) make a finding of substantiated, unsubstantiated, or without merit;
(b) include the finding in a written order; and
(c) deliver a certified copy of the order to the division.
(4) If an individual whose name is listed on the Licensing Information System before
May 6, 2002, files a petition for substantiation under Section 
80-2-1004
 during the time that an
alleged perpetrator's application for clearance to work with children or vulnerable adults is
pending, the juvenile court shall:
(a) hear the matter on an expedited basis; and
(b) enter a final decision no later than 60 days after the day on which the petition for
substantiation is filed.
(5) An appellate court shall make a record of an appeal from the juvenile court's
decision under Subsection (3) available only to an individual with statutory authority to access
the Licensing Information System for the purposes of licensing under Sections [
26-39-402
,
62A-1-118
, and 
62A-2-120
,
] 
26B-1-211
, 
26B-2-120
, and 
26B-2-404
,
 or for the purposes
described in Sections [
26-8a-310
, 
62A-2-121
, or Title 26, Chapter 21, Part 2, Clearance for
Direct Patient Access
] 
26B-2-121
, 
26B-2-238
 through 
26B-2-241
, or 
26B-4-124
.
Section 146. Section 
80-4-109
 is amended to read:
80-4-109.
Consideration of cannabis during proceedings.
(1) As used in this section:
(a) "Cannabis" means the same as that term is defined in Section [
26-61a-102
]
26B-4-201
.
(b) "Cannabis product" means the same as that term is defined in Section [
26-61a-102
]
26B-4-201
.
(c) (i) "Chronic" means repeated or patterned.
(ii) "Chronic" does not mean an isolated incident.
(d) "Directions of use" means the same as that term is defined in Section [
26-61a-102
]
26B-4-201
.
(e) "Dosing guidelines" means the same as that term is defined in Section [
26-61a-102
]
26B-4-201
.
(f) "Medical cannabis" means the same as that term is defined in Section [
26-61a-102
]
26B-4-201
.
(g) "Medical cannabis cardholder" means the same as that term is defined in Section
[
26-61a-102
] 
26B-4-201
.
(h) "Qualified medical provider" means the same as that term is defined in Section
[
26-61a-102
] 
26B-4-201
.
(2) In a proceeding under this chapter in which the juvenile court makes a finding,
determination, or otherwise considers an individual's possession or use of medical cannabis, a
cannabis product, or a medical cannabis device, the juvenile court may not consider or treat the
individual's possession or use any differently than the lawful possession or use of any
prescribed controlled substance if:
(a) the individual's possession or use complies with Title 4, Chapter 41a, Cannabis
Production Establishments;
(b) the individual's possession or use complies with Subsection 
58-37-3.7
(2) or (3); or
(c) (i) the individual's possession or use complies with [
Title 26, Chapter 61a, Utah
Medical Cannabis Act
] 
Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical
Cannabis
; and
(ii) the individual reasonably complies with the directions of use and dosing guidelines
determined by the individual's qualified medical provider or through a consultation described
in Subsection 
[
26-61a-502
] 
26B-4-230
(4) or (5).
(3) In a proceeding under this chapter, a parent's or guardian's use of cannabis or a
cannabis product is not abuse or neglect of a child unless there is evidence showing that:
(a) the child is harmed because of the child's inhalation or ingestion of cannabis, or
because of cannabis being introduced to the child's body in another manner; or
(b) the child is at an unreasonable risk of harm because of chronic inhalation or
ingestion of cannabis or chronic introduction of cannabis to the child's body in another manner.
(4) Unless there is harm or an unreasonable risk of harm to the child as described in
Subsection (3), a parent's or guardian's use of medical cannabis or a cannabis product is not
contrary to the best interests of a child if:
(a) for a medical cannabis cardholder after January 1, 2021, the parent's or guardian's
possession or use complies with [
Title 26, Chapter 61a, Utah Medical Cannabis Act
] 
Title 26B,
Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis
, and there is no evidence that
the parent's or guardian's use of medical cannabis unreasonably deviates from the directions of
use and dosing guidelines determined by the parent's or guardian's qualified medical provider
or through a consultation described in Subsection [
26-61a-502
] 
26B-4-230
(4) or (5); or
(b) before January 1, 2021, the parent's or guardian's possession or use complies with
Subsection 
58-37-3.7
(2) or (3).
(5) Subsection (3) does not prohibit a finding of abuse or neglect of a child and
Subsection (3) does not prohibit a finding that a parent's or guardian's use of medical cannabis
or a cannabis product is contrary to the best interests of a child, if there is evidence showing a
nexus between the parent's or guardian's use of cannabis or a cannabis product and behavior
that would separately constitute abuse or neglect of the child.
Section 147. Section 
80-4-302
 is amended to read:
80-4-302.
Evidence of grounds for termination.
(1) In determining whether a parent or parents have abandoned a child, it is prima facie
evidence of abandonment that the parent or parents:
(a) although having legal custody of the child, have surrendered physical custody of the
child, and for a period of six months following the surrender have not manifested to the child
or to the person having the physical custody of the child a firm intention to resume physical
custody or to make arrangements for the care of the child;
(b) have failed to communicate with the child by mail, telephone, or otherwise for six
months;
(c) failed to have shown the normal interest of a natural parent, without just cause; or
(d) have abandoned an infant, as described in Section 
80-4-203
.
(2) In determining whether a parent or parents are unfit or have neglected a child the
juvenile court shall consider:
(a) emotional illness, mental illness, or mental deficiency of the parent that renders the
parent unable to care for the immediate and continuing physical or emotional needs of the child
for extended periods of time;
(b) conduct toward a child of a physically, emotionally, or sexually cruel or abusive
nature;
(c) habitual or excessive use of intoxicating liquors, controlled substances, or
dangerous drugs that render the parent unable to care for the child;
(d) repeated or continuous failure to provide the child with adequate food, clothing,
shelter, education, or other care necessary for the child's physical, mental, and emotional health
and development by a parent or parents who are capable of providing that care;
(e) whether the parent is incarcerated as a result of conviction of a felony, and the
sentence is of such length that the child will be deprived of a normal home for more than one
year;
(f) a history of violent behavior;
(g) whether the parent has intentionally exposed the child to pornography or material
harmful to a minor, as defined in Section 
76-10-1201
; or
(h) any other circumstance, conduct, or condition that the court considers relevant in
the determination of whether a parent or parents are unfit or have neglected the child.
(3) Notwithstanding Subsection (2)(c), the juvenile court may not discriminate against
a parent because of or otherwise consider the parent's lawful possession or consumption of
cannabis in a medicinal dosage form, a cannabis product, as those terms are defined in Section
[
26-61a-102
] 
26B-4-201
 or a medical cannabis device, in accordance with [
Title 26, Chapter
61a, Utah Medical Cannabis Act
] 
Title 26B, Chapter 4, Part 2, Cannabinoid Research and
Medical Cannabis
.
(4) A parent who, legitimately practicing the parent's religious beliefs, does not provide
specified medical treatment for a child is not, for that reason alone, a negligent or unfit parent.
(5) (a) Notwithstanding Subsection (2), a parent may not be considered neglectful or
unfit because of a health care decision made for a child by the child's parent unless the state or
other party to the proceeding shows, by clear and convincing evidence, that the health care
decision is not reasonable and informed.
(b) Nothing in Subsection (5)(a) may prohibit a parent from exercising the right to
obtain a second health care opinion.
(6) If a child has been placed in the custody of the division and the parent or parents
fail to comply substantially with the terms and conditions of a plan within six months after the
date on which the child was placed or the plan was commenced, whichever occurs later, that
failure to comply is evidence of failure of parental adjustment.
(7) The following circumstances are prima facie evidence of unfitness:
(a) sexual abuse, sexual exploitation, injury, or death of a sibling of the child, or of any
child, due to known or substantiated abuse or neglect by the parent or parents;
(b) conviction of a crime, if the facts surrounding the crime are of such a nature as to
indicate the unfitness of the parent to provide adequate care to the extent necessary for the
child's physical, mental, or emotional health and development;
(c) a single incident of life-threatening or gravely disabling injury to or disfigurement
of the child;
(d) the parent has committed, aided, abetted, attempted, conspired, or solicited to
commit murder or manslaughter of a child or child abuse homicide; or
(e) the parent intentionally, knowingly, or recklessly causes the death of another parent
of the child, without legal justification.
Section 148. Section 
80-4-501
 is amended to read:
80-4-501.
Definitions.
As used in this part:
(1) "Hospital" means a general acute hospital, as that term is defined in Section
[
26-21-2
] 
26B-2-201
, that is:
(a) equipped with an emergency room;
(b) open 24 hours a day, seven days a week; and
(c) employs full-time health care professionals who have emergency medical services
training.
(2) "Newborn child" means a child who is approximately 30 days old or younger, as
determined within a reasonable degree of medical certainty.
Section 149. Section 
80-6-402
 is amended to read:
80-6-402.
Procedure -- Standard.
(1) When a written motion is filed in accordance with Section 
80-6-401
 raising the
issue of a minor's competency to proceed, or when the juvenile court raises the issue of a
minor's competency to proceed, the juvenile court shall stay all proceedings under this chapter .
(2) (a) If a motion for inquiry is opposed by either party, the juvenile court shall,
before granting or denying the motion, hold a limited hearing solely for the purpose of
determining the sufficiency of the motion.
(b) If the juvenile court finds that the allegations of incompetency raise a bona fide
doubt as to the minor's competency to proceed, the juvenile court shall:
(i) enter an order for an evaluation of the minor's competency to proceed; and
(ii) set a date for a hearing on the issue of the minor's competency.
(3) After the granting of a motion, and before a full competency hearing, the juvenile 
court may order the department to evaluate the minor and to report to the juvenile court
concerning the minor's mental condition.
(4) The minor shall be evaluated by a forensic evaluator who:
(a) has experience in juvenile forensic evaluations and juvenile brain development;
(b) if it becomes apparent that the minor is not competent due to an intellectual
disability or related condition, has experience in intellectual disability or related conditions;
and
(c) is not involved in the current treatment of the minor.
(5) The petitioner or other party, as directed by the juvenile court, shall provide all
information and materials relevant to a determination of the minor's competency to the
department within seven days of the juvenile court's order, including:
(a) the motion;
(b) the arrest or incident reports pertaining to the charged offense;
(c) the minor's known delinquency history information;
(d) the minor's probation record relevant to competency;
(e) known prior mental health evaluations and treatments; and
(f) consistent with 20 U.S.C. Sec. 1232g (b)(1)(E)(ii)(I), records pertaining to the
minor's education.
(6) (a) The minor's parent or guardian, the prosecuting attorney, the defense attorney,
and the attorney guardian ad litem, shall cooperate, by executing releases of information when
necessary, in providing the relevant information and materials to the forensic evaluator,
including:
(i) medical records;
(ii) prior mental evaluations; or
(iii) records of diagnosis or treatment of substance abuse disorders.
(b) The minor shall cooperate, by executing a release of information when necessary,
in providing the relevant information and materials to the forensic evaluator regarding records
of diagnosis or treatment of a substance abuse disorder.
(7) (a) In conducting the evaluation and in the report determining if a minor is
competent to proceed, the forensic evaluator shall inform the juvenile court of the forensic
evaluator's opinion whether:
(i) the minor has a present ability to consult with counsel with a reasonable degree of
rational understanding; and
(ii) the minor has a rational as well as factual understanding of the proceedings.
(b) In evaluating the minor, the forensic evaluator shall consider the minor's present
ability to:
(i) understand the charges or allegations against the minor;
(ii) communicate facts, events, and states of mind;
(iii) understand the range of possible penalties associated with the allegations against
the minor;
(iv) engage in reasoned choice of legal strategies and options;
(v) understand the adversarial nature of the proceedings against the minor;
(vi) manifest behavior sufficient to allow the juvenile court to proceed;
(vii) testify relevantly; and
(viii) any other factor determined to be relevant to the forensic evaluator.
(8) (a) The forensic evaluator shall provide an initial report to the juvenile court, the
prosecuting and defense attorneys, and the attorney guardian ad litem, if applicable, within 30
days of the receipt of the juvenile court's order.
(b) If the forensic evaluator informs the juvenile court that additional time is needed,
the juvenile court may grant, taking into consideration the custody status of the minor, up to an
additional 15 days to provide the report to the juvenile court and counsel.
(c) The forensic evaluator must provide the report within 45 days from the receipt of
the juvenile court's order unless, for good cause shown, the juvenile court authorizes an
additional period of time to complete the evaluation and provide the report.
(d) The report shall inform the juvenile court of the forensic evaluator's opinion
concerning the minor's competency.
(9) If the forensic evaluator's opinion is that the minor is not competent to proceed, the
report shall indicate:
(a) the nature of the minor's:
(i) mental illness;
(ii) intellectual disability or related condition; or
(iii) developmental immaturity;
(b) the relationship of the minor's mental illness, intellectual disability, related
condition, or developmental immaturity to the minor's incompetence;
(c) whether there is a substantial likelihood that the minor may attain competency in
the foreseeable future;
(d) the amount of time estimated for the minor to achieve competency if the minor
undergoes competency attainment treatment, including medication;
(e) the sources of information used by the forensic evaluator; and
(f) the basis for clinical findings and opinions.
(10) Regardless of whether a minor consents to a competency evaluation, any
statement made by the minor in the course of the competency evaluation, any testimony by the
forensic evaluator based upon any statement made by the minor in the competency evaluation,
and any other fruits of the statement made by the minor in the competency evaluation:
(a) may not be admitted in evidence against the minor in a proceeding under this
chapter, except the statement may be admitted on an issue respecting the mental condition on
which the minor has introduced evidence; and
(b) may be admitted where relevant to a determination of the minor's competency.
(11) Before evaluating the minor for a competency evaluation, a forensic evaluator
shall specifically advise the minor, and the minor's parent or guardian if reasonably available,
of the limits of confidentiality as provided under Subsection (10).
(12) When the report is received, the juvenile court shall set a date for a competency
hearing that shall be held in not less than five and not more than 15 days, unless the juvenile
court enlarges the time for good cause.
(13) (a) A minor shall be presumed competent unless the juvenile court, by a
preponderance of the evidence, finds the minor not competent to proceed.
(b) The burden of proof is upon the proponent of incompetency to proceed.
(14) (a) Following the hearing, the juvenile court shall determine by a preponderance
of evidence whether the minor is:
(i) competent to proceed;
(ii) not competent to proceed with a substantial probability that the minor may attain
competency in the foreseeable future; or
(iii) not competent to proceed without a substantial probability that the minor may
attain competency in the foreseeable future.
(b) If the juvenile court enters a finding described in Subsection (14)(a)(i), the juvenile
court shall proceed with the proceedings in the minor's case.
(c) If the juvenile court enters a finding described in Subsection (14)(a)(ii), the juvenile
court shall proceed in accordance with Section 
80-6-403
.
(d) (i) If the juvenile court enters a finding described in Subsection (14)(a)(iii), the
juvenile court shall terminate the competency proceeding, dismiss the charges against the
minor without prejudice, and release the minor from any custody order related to the pending
proceeding, unless the prosecutor informs the court that commitment proceedings will be
initiated in accordance with:
(A) [
Title 62A, Chapter 5, Part 3, Admission to an Intermediate Care Facility for
People with an Intellectual Disability
] 
Title 26B, Chapter 6, Part 6, Admission to an
Intermediate Care Facility for People with an Intellectual Disability
;
(B) if the minor is 18 years old or older, [
Title 62A, Chapter 15, Part 6, Utah State
Hospital and Other Mental Health Facilities
] 
Title 26B, Chapter 5, Part 3, Utah State Hospital
and Other Mental Health Facilities
; or
(C) if the minor is a child, [
Title 62A, Chapter 15, Part 7, Commitment of Persons
Under Age 18 to Division of Substance Abuse and Mental Health
] 
Title 26B, Chapter 5, Part 4,
Commitment of Persons Under Age 18
.
(ii) The commitment proceedings described in Subsection (14)(d)(i) shall be initiated
within seven days after the day on which the juvenile court enters the order under Subsection
(14)(a), unless the court enlarges the time for good cause shown.
(iii) The juvenile court may order the minor to remain in custody until the commitment
proceedings have been concluded.
(15) If the juvenile court finds the minor not competent to proceed, the juvenile court's
order shall contain findings addressing each of the factors in Subsection (7)(b).
Section 150. Section 
80-6-403
 is amended to read:
80-6-403.
Disposition on finding of not competent to proceed -- Subsequent
hearings -- Notice to prosecuting attorneys.
(1) If the juvenile court determines that the minor is not competent to proceed, and
there is a substantial likelihood that the minor may attain competency in the foreseeable future,
the juvenile court shall notify the department of the finding and allow the department 30 days
to develop an attainment plan for the minor.
(2) The attainment plan shall include:
(a) any services or treatment the minor has been or is currently receiving that are
necessary to attain competency;
(b) any additional services or treatment the minor may require to attain competency;
(c) an assessment of the parent, custodian, or guardian's ability to access or provide any
recommended treatment or services;
(d) any special conditions or supervision that may be necessary for the safety of the
minor or others during the attainment period; and
(e) the likelihood that the minor will attain competency and the amount of time likely
required for the minor to attain competency.
(3) The department shall provide the attainment plan to the juvenile court, the
prosecuting attorney, the defense attorney, and the attorney guardian ad litem at least three days
before the competency disposition hearing.
(4) (a) During the attainment period, the minor shall remain in the least restrictive
appropriate setting.
(b) A finding of not competent to proceed does not grant authority for a juvenile court
to place a minor in the custody of a division of the department, or create eligibility for services
from the Division of Services for People With Disabilities.
(c) If the juvenile court orders the minor to be held in detention during the attainment
period, the juvenile court shall make the following findings on the record:
(i) the placement is the least restrictive appropriate setting;
(ii) the placement is in the best interest of the minor;
(iii) the minor will have access to the services and treatment required by the attainment
plan in the placement; and
(iv) the placement is necessary for the safety of the minor or others.
(d) A juvenile court shall terminate an order of detention related to the pending
proceeding for a minor who is not competent to proceed in that matter if:
(i) the most severe allegation against the minor if committed by an adult is a class B
misdemeanor;
(ii) more than 60 days have passed after the day on which the juvenile court
adjudicated the minor not competent to proceed; and
(iii) the minor has not attained competency.
(5) (a) At any time that the minor becomes competent to proceed during the attainment
period, the department shall notify the juvenile court, the prosecuting attorney, the defense
attorney, and the attorney guardian ad litem.
(b) The juvenile court shall hold a hearing with 15 business days of notice from the
department described in Subsection (5)(a).
(6) (a) If at any time during the attainment period the juvenile court finds that there is
not a substantial probability that the minor will attain competency in the foreseeable future, the
juvenile court shall terminate the competency proceeding, dismiss the petition or information
without prejudice, and release the minor from any custody order related to the pending
proceeding, unless the prosecuting attorney or any other individual informs the juvenile court
that commitment proceedings will be initiated in accordance with:
(i) [
Title 62A, Chapter 5, Part 3, Admission to an Intermediate Care Facility for People
with an Intellectual Disability
] 
Title 26B, Chapter 6, Part 6, Admission to an Intermediate Care
Facility for People with an Intellectual Disability
;
(ii) if the minor is 18 years old or older, [
Title 62A, Chapter 15, Part 6, Utah State
Hospital and Other Mental Health Facilities
] 
Title 26B, Chapter 5, Part 3, Utah State Hospital
and Other Mental Health Facilities
; or
(iii) if the minor is a child, [
Title 62A, Chapter 15, Part 7, Commitment of Persons
Under Age 18 to Division of Substance Abuse and Mental Health
] 
Title 26B, Chapter 5, Part 4,
Commitment of Persons Under Age 18
.
(b) The prosecuting attorney shall initiate the proceedings described in Subsection
(6)(a) within seven days after the juvenile court's order, unless the juvenile court enlarges the
time for good cause shown.
(7) During the attainment period, the juvenile court may order a hearing or rehearing at
anytime on the juvenile court's own motion or upon recommendation of any interested party or
the department.
(8) (a) Within three months of the juvenile court's approval of the attainment plan, the
department shall provide a report on the minor's progress towards competence.
(b) The report described in Subsection (8)(a) shall address the minor's:
(i) compliance with the attainment plan;
(ii) progress towards competency based on the issues identified in the original
competency evaluation; and
(iii) current mental illness, intellectual disability or related condition, or developmental
immaturity, and need for treatment, if any, and whether there is substantial likelihood of the
minor attaining competency within six months.
(9) (a) Within 30 days of receipt of the report, the juvenile court shall hold a hearing to
determine the minor's current status.
(b) At the hearing, the burden of proving the minor is competent is on the proponent of
competency.
(c) The juvenile court shall determine by a preponderance of the evidence whether the
minor is competent to proceed.
(10) If the minor has not attained competency after the initial three month attainment
period but is showing reasonable progress towards attainment of competency, the juvenile
court may extend the attainment period up to an additional three months.
(11) The department shall provide an updated juvenile competency evaluation at the
conclusion of the six month attainment period to advise the juvenile court on the minor's
current competency status.
(12) If the minor does not attain competency within six months after the juvenile court
initially finds the minor not competent to proceed, the court shall terminate the competency
proceedings and dismiss the petition or information filed without prejudice, unless good cause
is shown that there is a substantial likelihood the minor will attain competency within one year
from the initial finding of not competent to proceed.
(13) In the event a minor has an unauthorized leave lasting more than 24 hours, the
attainment period shall toll until the minor returns.
(14) (a) Regardless of whether a minor consents to attainment, any statement made by
the minor in the course of attainment, any testimony by the forensic evaluator based upon any
statement made by the minor in the course of attainment, and any other fruits of a statement
made by the minor in the course of attainment:
(i) may not be admitted in evidence against the minor in a proceeding under this
chapter, except the statement may be admitted on an issue respecting the mental condition on
which the minor has introduced evidence; and
(ii) may be admitted where relevant to a determination of the minor's competency.
(b) Before evaluating the minor during the attainment period, a forensic evaluator shall
specifically advise the minor, and the minor's parent or guardian if reasonably available, of the
limits of confidentiality provided in Subsection (14)(a).
Section 151. Section 
80-6-608
 is amended to read:
80-6-608.
When photographs, fingerprints, or HIV infection tests may be taken --
Distribution -- DNA collection -- Reimbursement.
(1) The division shall take a photograph and fingerprints of a minor who is:
(a) 14 years old or older at the time of the alleged commission of an offense that would
be a felony if the minor were 18 years old or older; and
(b) admitted to a detention facility for the alleged commission of the offense.
(2) The juvenile court shall order a minor who is 14 years old or older at the time that
the minor is alleged to have committed an offense described in Subsection (2)(a) or (b) to have
the minor's fingerprints taken at a detention facility or a local law enforcement agency if the
minor is:
(a) adjudicated for an offense that would be a class A misdemeanor if the minor were
18 years old or older; or
(b) adjudicated for an offense that would be a felony if the minor were 18 years old or
older and the minor was not admitted to a detention facility.
(3) The juvenile court shall take a photograph of a minor who is:
(a) 14 years old or older at the time the minor was alleged to have committed an
offense that would be a felony or a class A misdemeanor if the minor were 18 years old or
older; and
(b) adjudicated for the offense described in Subsection (3)(a).
(4) If a minor's fingerprints are taken under this section, the minor's fingerprints shall
be forwarded to the Bureau of Criminal Identification and may be stored by electronic medium.
(5) HIV testing shall be conducted on a minor who is taken into custody after having
been adjudicated for a sexual offense under Title 76, Chapter 5, Part 4, Sexual Offenses, upon
the request of:
(a) the victim;
(b) the parent or guardian of a victim who is younger than 14 years old; or
(c) the guardian of the alleged victim if the victim is a vulnerable adult as defined in
Section [
62A-3-301
] 
26B-6-201
.
(6) HIV testing shall be conducted on a minor against whom a petition has been filed
or a pickup order has been issued for the commission of any offense under Title 76, Chapter 5,
Part 4, Sexual Offenses:
(a) upon the request of:
(i) the victim;
(ii) the parent or guardian of a victim who is younger than 14 years old; or
(iii) the guardian of the alleged victim if the victim is a vulnerable adult as defined in
Section [
62A-3-301
] 
26B-6-201
; and
(b) in which:
(i) the juvenile court has signed an accompanying arrest warrant, pickup order, or any
other order based upon probable cause regarding the alleged offense; and
(ii) the juvenile court has found probable cause to believe that the alleged victim has
been exposed to HIV infection as a result of the alleged offense.
(7) HIV tests, photographs, and fingerprints may not be taken of a child who is younger
than 14 years old without the consent of the juvenile court.
(8) (a) Photographs taken under this section may be distributed or disbursed to:
(i) state and local law enforcement agencies;
(ii) the judiciary; and
(iii) the division.
(b) Fingerprints may be distributed or disbursed to:
(i) state and local law enforcement agencies;
(ii) the judiciary;
(iii) the division; and
(iv) agencies participating in the Western Identification Network.
(9) (a) A DNA specimen shall be obtained from a minor who is under the jurisdiction
of the juvenile court as described in Subsection 
53-10-403
(3).
(b) The DNA specimen shall be obtained, in accordance with Subsection 
53-10-404
(4),
by:
(i) designated employees of the juvenile court; or
(ii) if the minor is committed to the division, designated employees of the division.
(c) The responsible agency under Subsection (9)(b) shall ensure that an employee
designated to collect the saliva DNA specimens receives appropriate training and that the
specimens are obtained in accordance with accepted protocol.
(d) Reimbursements paid under Subsection 
53-10-404
(2)(a) shall be placed in the
DNA Specimen Restricted Account created in Section 
53-10-407
.
(e) Payment of the reimbursement is second in priority to payments the minor is
ordered to make for restitution under Section 
80-6-710
 and for treatment ordered under Section
80-3-403
.
Section 152. Section 
80-6-706
 is amended to read:
80-6-706.
Treatment -- Commitment to local mental health authority or Utah
State Developmental Center.
(1) If a minor is adjudicated under Section 
80-6-701
, the juvenile court may order:
(a) a nonresidential, diagnostic assessment for the minor, including a risk assessment
for substance use disorder, mental health, psychological, or sexual behavior;
(b) the minor to be examined or treated by a physician, surgeon, psychiatrist, or
psychologist; or
(c) other care for the minor.
(2) For purposes of receiving the examination, treatment, or care described in
Subsection (1), the juvenile court may place the minor in a hospital or other suitable facility
that is not secure care or secure detention.
(3) In determining whether to order the examination, treatment, or care described in
Subsection (1), the juvenile court shall consider:
(a) the desires of the minor;
(b) if the minor is a child, the desires of the minor's parent or guardian; and
(c) whether the potential benefits of the examination, treatment, or care outweigh the
potential risks and side-effects, including behavioral disturbances, suicidal ideation, brain
function impairment, or emotional or physical harm resulting from the compulsory nature of
the examination, treatment, or care.
(4) (a) If the juvenile court orders examination, treatment, or care for a child under
Subsection (1) and the child is committed to the division under Subsection 
80-6-703
(2), the
division shall:
(i) take reasonable measures to notify the child's parent or guardian of any
non-emergency health treatment or care scheduled for the child;
(ii) include the child's parent or guardian as fully as possible in making health care
decisions for the child; and
(iii) defer to the child's parent's or guardian's reasonable and informed decisions
regarding the child's health care to the extent that the child's health and well-being are not
unreasonably compromised by the parent's or guardian's decision.
(b) The division shall notify the parent or guardian of a child within five business days
after a child committed to the division receives emergency health care or treatment.
(c) The division shall use the least restrictive means to accomplish the care and
treatment of a child described under Subsection (1).
(5) If a child is adjudicated for an offense under Section 
80-6-701
, the juvenile court
may commit the child to the physical custody, as defined in Section [
62A-15-701
] 
26B-5-401
,
of a local mental health authority in accordance with the procedures and requirements in [
Title
62A, Chapter 15, Part 7, Commitment of Persons Under Age 18 to Division of Substance
Abuse and Mental Health
] 
Title 26B, Chapter 5, Part 4, Commitment of Persons Under Age
.
(6) (a) If a minor is adjudicated for an offense under Section 
80-6-701
, and the minor
has an intellectual disability, the juvenile court may commit the minor to the Utah State
Developmental Center in accordance with [
Title 62A, Chapter 5, Part 3, Admission to an
Intermediate Care Facility for People with an Intellectual Disability
] 
Title 26B, Chapter 6, Part
6, Admission to an Intermediate Care Facility for People with an Intellectual Disability
.
(b) The juvenile court shall follow the procedure applicable in the district courts with
respect to judicial commitments to the Utah State Developmental Center when ordering a
commitment under Subsection (6)(a).
Section 153. Section 
80-6-801
 is amended to read:
80-6-801.
Commitment to local mental health authority or Utah State
Developmental Center.
(1) If a child is committed by the juvenile court to the physical custody, as defined in
Section [
62A-15-701
] 
26B-5-401
, of a local mental health authority, or the local mental health
authority's designee, [
Title 62A, Chapter 15, Part 7, Commitment of Persons Under Age 18 to
Division of Substance Abuse and Mental Health
] 
Title 26B, Chapter 5, Part 4, Commitment of
Persons Under Age 18
, shall govern the commitment and release of the minor.
(2) If a minor is committed to the Utah State Developmental Center, [
Title 62A,
Chapter 5, Services for People with Disabilities
] 
Title 26B, Chapter 6, Part 4, Division of
Services for People with Disabilities
, shall govern the commitment and release of the minor.
Section 154. 
 Coordinating S.B. 209 with H.B. 72 -- Renumbering and superseding
amendments.
If this S.B. 209 and H.B. 72, Medical Cannabis Governance Revisions, both pass and
become law, the Legislature intends that the Office of Legislative Research and General
Counsel prepare the Utah Code database for publication on July 1, 2023, by amending:
(1) Subsection 
78A-2-231
(2)(c)(ii) to read:
"
(ii) the individual reasonably complies with the directions of use and dosing
guidelines determined by the individual's recommending medical provider or through a
consultation described in Subsection [
26-61a-502
(4) or (5)
] 
26B-4-230
(5)
.
";
(2) Subsection 
80-3-110
(2)(c)(ii) to read:
"
(ii) the individual reasonably complies with the directions of use and dosing
guidelines determined by the individual's recommending medical provider or through a
consultation described in Subsection [
26-61a-502
(4) or (5)
] 
26B-4-230
(5)
.
";
 (3) Subsection 
80-3-110
(4)(a) to read:
"
for a medical cannabis cardholder after January 1, 2021, the parent's or guardian's
possession or use complies with [
Title 26, Chapter 61a, Utah Medical Cannabis Act
] 
Title 26B,
Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis
, and there is no evidence that
the parent's or guardian's use of medical cannabis unreasonably deviates from the directions of
use and dosing guidelines determined by the parent's or guardian's recommending medical
provider or through a consultation described in Subsection [
26-61a-502
(4) or (5)
] 
26B-4-230
(5)
 ; or
";
(4) Subsection 
80-4-109
(2)(c)(ii) to read:
"
(ii) the individual reasonably complies with the directions of use and dosing
guidelines determined by the individual's qualified medical provider or through a consultation
described in Subsection 
[
26-61a-502
(4) or (5)
] 
26B-4-230
(5)
.
"; and
(5) Subsection 
80-4-109
(4)(a) to read:
"
(a) for a medical cannabis cardholder after January 1, 2021, the parent's or guardian's
possession or use complies with [
Title 26, Chapter 61a, Utah Medical Cannabis Act
] 
Title 26B,
Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis
, and there is no evidence that
the parent's or guardian's use of medical cannabis unreasonably deviates from the directions of
use and dosing guidelines determined by the parent's or guardian's qualified medical provider
or through a consultation described in Subsection 
[
26-61a-502
(4) or (5)
] 
26B-4-230
(5)
; or
".
Section 155. 
 Coordinating S.B. 209 with S.B. 272 -- Substantive and technical
amendments.
If this S.B. 209 and S.B. 272, Funds Amendments, both pass and become law, it is the
intent of the Legislature that the Office of Legislative Research and General Counsel prepare
the Utah Code database for publication on July 1, 2023, by omitting the changes to Subsection
63M-7-303
(1)(h) in this bill.
Section 156. 
Revisor instructions.
The Legislature intends that the Office of Legislative Research and General Counsel, in
preparing the Utah Code database for publication, not enroll this bill if any of the following
bills do not pass:
(a) S.B. 38, Health and Human Services Recodification - Administration, Licensing,
and Recovery Services;
(b) S.B. 39, Health and Human Services Recodification - Health Care Assistance and
Data;
(c) S.B. 40, Health and Human Services Recodification - Health Care Delivery and
Repeals; or
(d) S.B. 41, Health and Human Services Recodification - Prevention, Supports,
Substance Use and Mental Health.