Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 362 Third Substitute (2024GS)

Sponsor

Rep. Lisonbee, K.

Final action

Governor Signed 3/14/2024

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• modifies the requirements for the juvenile gang and other violent crime prevention and intervention program;
• modifies the requirements for referring an offense that occurs when school is in session or during a school-sponsored activity;
• modifies provisions regarding reintegration plans for students who have committed a serious offense;
• requires a school employee to report an offense that is committed by a minor on school grounds when school is in session or at a school-sponsored activity;
• makes it a crime to solicit a minor for any offense;
• clarifies the crime of criminal solicitation in regard to adults;
• modifies the crime for the possession of a dangerous weapon on or about school grounds;
• modifies the crime for the possession of a dangerous weapon by a minor;
• modifies the requirements for the notification by a juvenile court to a school;
• requires a juvenile court to order a minor to secure care if the minor is adjudicated for a felony offense of possession of a dangerous weapon and the minor was previously adjudicated for that same offense;
• repeals statutes related to criminal solicitation, possession of a dangerous weapon by a minor, and contributing to the delinquency of a minor; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

JUVENILE JUSTICE REVISIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Karianne Lisonbee
Senate Sponsor: 
 Kirk A. Cullimore
LONG TITLE
General Description:
This bill amends provisions related to juvenile justice.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ modifies the requirements for the juvenile gang and other violent crime prevention
and intervention program;
▸ modifies the requirements for referring an offense that occurs when school is in
session or during a school-sponsored activity;
▸ modifies provisions regarding reintegration plans for students who have committed
a serious offense;
▸ requires a school employee to report an offense that is committed by a minor on
school grounds when school is in session or at a school-sponsored activity;
▸ makes it a crime to solicit a minor for any offense;
▸ clarifies the crime of criminal solicitation in regard to adults;
▸ modifies the crime for the possession of a dangerous weapon on or about school
grounds;
▸ modifies the crime for the possession of a dangerous weapon by a minor;
▸ modifies the requirements for the notification by a juvenile court to a school;
▸ requires a juvenile court to order a minor to secure care if the minor is adjudicated
for a felony offense of possession of a dangerous weapon and the minor was previously
adjudicated for that same offense;
▸ repeals statutes related to criminal solicitation, possession of a dangerous weapon
by a minor, and contributing to the delinquency of a minor; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53E-3-516
, as last amended by Laws of Utah 2023, Chapters 115, 161
53F-2-410
, as repealed and reenacted by Laws of Utah 2023, Chapter 161 and last
amended by Coordination Clause, Laws of Utah 2023, Chapter 98
53G-8-211
, as last amended by Laws of Utah 2023, Chapter 161
53G-8-213
, as enacted by Laws of Utah 2023, Chapter 161
53G-8-510
, as last amended by Laws of Utah 2023, Chapter 115
76-4-203
, as last amended by Laws of Utah 2013, Chapter 278
76-10-505.5
, as last amended by Laws of Utah 2021, Chapter 141
76-10-509.4
, as last amended by Laws of Utah 2023, Chapter 161
76-10-509.7
, as last amended by Laws of Utah 2014, Chapter 428
76-10-512
, as last amended by Laws of Utah 2014, Chapter 428
77-23a-8
, as last amended by Laws of Utah 2023, Chapter 111
80-6-103
, as last amended by Laws of Utah 2023, Chapter 161
80-6-303.5
, as enacted by Laws of Utah 2023, Chapter 161
80-6-705
, as last amended by Laws of Utah 2022, Chapter 430
80-6-1004.5
, as enacted by Laws of Utah 2023, Chapter 115
ENACTS:
76-4-205
, Utah Code Annotated 1953
REPEALS:
76-4-204
, as last amended by Laws of Utah 2008, Chapter 179
76-10-509
, as last amended by Laws of Utah 1993, Second Special Session, Chapter 10
76-10-2301
, as last amended by Laws of Utah 2000, Chapter 105
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53E-3-516
 is amended to read:
53E-3-516.
School disciplinary and law enforcement action report -- Rulemaking
authority.
(1) As used in this section:
(a) "Dangerous weapon" means [
the same as that term is defined in Section
53G-8-510
] 
a firearm or an object that in the manner of the object's use or intended use is
capable of causing death or serious bodily injury to an individual
.
(b) "Disciplinary action" means an action by a public school meant to formally
discipline a student of that public school that includes a suspension or expulsion.
(c) "Law enforcement agency" means the same as that term is defined in Section
77-7a-103
.
(d) "Minor" means the same as that term is defined in Section 
80-1-102
.
(e) "Other law enforcement activity" means a significant law enforcement interaction
with a minor that does not result in an arrest, including:
(i) a search and seizure by an SRO;
(ii) issuance of a criminal citation;
(iii) issuance of a ticket or summons;
(iv) filing a delinquency petition; or
(v) referral to a probation officer.
(f) "School is in session" means the hours of a day during which a public school
conducts instruction for which student attendance is counted toward calculating average daily
membership.
(g) (i) "School-sponsored activity" means an activity, fundraising event, club, camp,
clinic, or other event or activity that is authorized by a specific public school, according to LEA
governing board policy, and satisfies at least one of the following conditions:
(A) the activity is managed or supervised by a school district, public school, or public
school employee;
(B) the activity uses the school district or public school facilities, equipment, or other
school resources; or
(C) the activity is supported or subsidized, more than inconsequentially, by public
funds, including the public school's activity funds or Minimum School Program dollars.
(ii) "School-sponsored activity" includes preparation for and involvement in a public
performance, contest, athletic competition, demonstration, display, or club activity.
(h) " School resource officer" or "SRO" means the same as that term is defined in
Section 
53G-8-701
.
(2) Beginning on July 1, 2023, the state board shall develop an annual report regarding
the following incidents that occur on school grounds while school is in session or during a
school-sponsored activity:
(a) arrests of a minor;
(b) other law enforcement activities;
(c) disciplinary actions; and
(d) minors found in possession of a dangerous weapon.
(3) Pursuant to state and federal law, law enforcement agencies shall collaborate with
the state board and LEAs to provide and validate data and information necessary to complete
the report described in Subsection (2), as requested by an LEA or the state board.
(4) The report described in Subsection (2) shall include the following information
listed separately for each LEA:
(a) the number of arrests of a minor, including the reason why the minor was arrested;
(b) the number of other law enforcement activities, including the following information
for each incident:
(i) the reason for the other law enforcement activity; and
(ii) the type of other law enforcement activity used;
(c) the number of disciplinary actions imposed, including:
(i) the reason for the disciplinary action; and
(ii) the type of disciplinary action;
(d) the number of SROs employed;
(e) if applicable, the demographics of an individual who is subject to, as the following
are defined in Section 
53G-9-601
, bullying, hazing, cyber-bullying, or retaliation; and
(f) the number of minors found in possession of a dangerous weapon on school
grounds while school is in session or during a school-sponsored activity.
(5) The report described in Subsection (2) shall include the following information, in
aggregate, for each element described in Subsections (4)(a) through (c):
(a) age;
(b) grade level;
(c) race;
(d) sex; and
(e) disability status.
(6) Information included in the annual report described in Subsection (2) shall comply
with:
(a) Chapter 9, Part 3, Student Data Protection;
(b) Chapter 9, Part 2, Student Privacy; and
(c) the Family Education Rights and Privacy Act, 20 U.S.C. Secs. 1232g and 1232h.
(7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
state board shall make rules to compile the report described in Subsection (2).
(8) The state board shall provide the report described in Subsection (2):
(a) in accordance with Section 
53E-1-203
 for incidents that occurred during the
previous school year; and
(b) to the State Commission on Criminal and Juvenile Justice before July 1 of each
year for incidents that occurred during the previous school year.
Section 2. Section 
53F-2-410
 is amended to read:
53F-2-410.
Juvenile gang and other violent crime prevention and intervention
program -- Funding.
(1) As used in this section:
(a) "State agency" means a department, division, office, entity, agency, or other unit of
the state.
(b) "State agency" includes the State Commission on Criminal and Juvenile Justice, the
Administrative Office of the Courts, the Department of Corrections, and the Division of
Juvenile Justice Services.
[
(1)
] 
(2)
 Subject to appropriations by the Legislature, the state board shall:
(a) create a juvenile gang and other violent crime prevention and intervention program
that is designed to help students at risk for violent criminal involvement stay in school; and
(b) distribute money under the program to school districts and charter schools through
the distribution formula described in Subsection [
(2)
] 
(3)
.
[
(2)
] 
(3)
 In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, the state board shall 
coordinate with state agencies to
 make rules that:
(a) establish a formula to [
distribute
] 
allocate
 program funding to schools in 
select
school districts and charter schools that:
(i) uses the data reported to the state board [
under Section 
80-6-104
]
, the State
Commission on Criminal and Juvenile Justice, the Administrative Office of the Courts, the
Department of Corrections, and the Division of Juvenile Justice Services
; [
and
]
(ii) prioritizes the schools in school districts and charter schools based on the
prevalence of crimes committed by minors within the boundaries of each municipality where a
school is located; 
and
(iii) prioritizes school districts and charter schools that demonstrate collaborative
efforts with local law enforcement agencies and community prevention.
(b) annually adjust the distribution of program funding using the data reported to the
state board under Section 
80-6-104
; and
(c) establish baseline performance standards that school districts or charter schools are
required to meet in order to receive funding under the program.
[
(3)
] 
(4)
 (a) A school district or a charter school seeking program funding shall submit
a proposal to the state board that:
(i) describes how the school district or charter school intends to use the funds; and
(ii) provides data related to 
the prevalence of crimes committed by minors within the
school district as described in
 Subsection [
(2)(a)(ii)
] 
(3)(a)(ii)
.
(b) The state board shall allocate funding on a per student basis to prioritized school
districts and charter schools that submit a successful proposal under Subsection [
(3)(a)
] 
(4)(a)
.
[
(4)
] 
(5)
 The state board may not distribute funds to a school district or a charter school
that fails to meet performance standards described in Subsection [
(2)(c)
] 
(3)(c)
.
[
(5)
] 
(6)
 A school district or a charter school that is awarded funds under this section
shall submit a report to the state board that includes details on:
(a) how the school district or the charter school used the funds; and
(b) the school district's, or the charter school's, compliance with the performance
standards described in Subsection [
(2)(c)
] 
(3)(c)
.
Section 3. Section 
53G-8-211
 is amended to read:
53G-8-211.
Responses to school-based behavior.
(1) As used in this section:
(a) "Evidence-based" means a program or practice that has:
(i) had multiple randomized control studies or a meta-analysis demonstrating that the
program or practice is effective for a specific population;
(ii) been rated as effective by a standardized program evaluation tool; or
(iii) been approved by the state board.
[
(b) "Habitual truant" means a school-age child who:
]
[
(i) is in grade 7 or above, unless the school-age child is under 12 years old;
]
[
(ii) is subject to the requirements of Section 
53G-6-202
; and
]
[
(iii) (A) is truant at least 10 times during one school year; or
]
[
(B) fails to cooperate with efforts on the part of school authorities to resolve the
school-age child's attendance problem as required under Section 
53G-6-206
.
]
[
(c)
] 
(b)
 "Minor" means the same as that term is defined in Section 
80-1-102
.
[
(d)
] 
(c)
 "Mobile crisis outreach team" means the same as that term is defined in
Section 
62A-15-102
.
[
(e)
] 
(d)
 "Prosecuting attorney" means the same as that term is defined in Subsections
80-1-102
(65)(b) and (c).
[
(f)
] 
(e)
 "Restorative justice program" means a school-based program or a program
used or adopted by a local education agency that is designed:
(i) to enhance school safety, reduce school suspensions, and limit referrals to law
enforcement agencies and courts; and
(ii) to help minors take responsibility for and repair harmful behavior that occurs in
school.
[
(g)
] 
(f)
 "School administrator" means a principal of a school.
[
(h)
] 
(g)
 "School is in session" means a day during which the school conducts
instruction for which student attendance is counted toward calculating average daily
membership.
[
(i)
] 
(h)
 "School resource officer" means a law enforcement officer, as defined in
Section 
53-13-103
, who contracts with, is employed by, or whose law enforcement agency
contracts with a local education agency to provide law enforcement services for the local
education agency.
[
(j) "School-age child" means the same as that term is defined in Section 
53G-6-201
.
]
[
(k)
] 
(i)
 (i) "School-sponsored activity" means an activity, fundraising event, club,
camp, clinic, or other event or activity that is authorized by a specific local education agency or
public school, according to LEA governing board policy, and satisfies at least one of the
following conditions:
(A) the activity is managed or supervised by a local education agency or public school,
or local education agency or public school employee;
(B) the activity uses the local education agency's or public school's facilities,
equipment, or other school resources; or
(C) the activity is supported or subsidized, more than inconsequentially, by public
funds, including the public school's activity funds or Minimum School Program dollars.
(ii) "School-sponsored activity" includes preparation for and involvement in a public
performance, contest, athletic competition, demonstration, display, or club activity.
[
(l)
] 
(j)
 (i) "Status offense" means an offense that would not be an offense but for the
age of the offender.
(ii) "Status offense" does not mean an offense that by statute is a misdemeanor or
felony.
(2) This section applies to a minor enrolled in school who is alleged to have committed
an offense on school property where the student is enrolled:
(a) when school is in session; or
(b) during a school-sponsored activity.
(3) If a minor is alleged to have committed an offense on school property that is a class
C misdemeanor, an infraction, or a status offense, the school administrator, the school
administrator's designee, or a school resource officer [
may
] 
shall
 refer the minor:
(a) to an evidence-based alternative intervention, including:
(i) a mobile crisis outreach team;
(ii) a youth services center, as defined in Section 
80-5-102
;
(iii) a youth court or comparable restorative justice program;
(iv) an evidence-based alternative intervention created and developed by the school or
school district;
(v) an evidence-based alternative intervention that is jointly created and developed by a
local education agency, the state board, the juvenile court, local counties and municipalities,
the Department of Health and Human Services; or
(vi) a tobacco cessation or education program if the offense is a violation of Section
76-10-105
; or
(b) for prevention and early intervention youth services, as described in Section
80-5-201
, by the Division of Juvenile Justice Services if the minor refuses to participate in an
evidence-based alternative intervention described in Subsection (3)(a).
(4) Except as provided in Subsection (5), if a minor is alleged to have committed an
offense on school property that is a class C misdemeanor, an infraction, or a status offense, a
school administrator, the school administrator's designee, or a school resource officer may refer
a minor to a law enforcement officer or agency or a court only if:
(a) the minor allegedly committed [
the same offense
] 
an offense
 on school property on
[
two previous occasions
] 
a previous occasion
; and
(b) the minor was referred to an evidence-based alternative intervention, or to
prevention or early intervention youth services, as described in Subsection (3) for [
both of the
two previous offenses
] 
the previous offense
.
(5) If a minor is alleged to have committed a traffic offense that is an infraction, a
school administrator, the school administrator's designee, or a school resource officer may refer
the minor to a law enforcement officer or agency, a prosecuting attorney, or a court for the
traffic offense.
(6) Notwithstanding Subsection (4), a school resource officer may:
(a) investigate possible criminal offenses and conduct, including conducting probable
cause searches;
(b) consult with school administration about the conduct of a minor enrolled in a
school;
(c) transport a minor enrolled in a school to a location if the location is permitted by
law;
(d) take temporary custody of a minor in accordance with Section 
80-6-201
; or
(e) protect the safety of students and the school community, including the use of
reasonable and necessary physical force when appropriate based on the totality of the
circumstances.
(7) (a) If a minor is referred to a court or a law enforcement officer or agency under
Subsection (4), the school or the school district shall appoint a school representative to
continue to engage with the minor and the minor's family through the court process.
(b) A school representative appointed under Subsection (7)(a) may not be a school
resource officer.
(c) A school district or school shall include the following in the school district's or
school's referral to the court or the law enforcement officer or agency:
(i) attendance records for the minor;
(ii) a report of evidence-based alternative interventions used by the school before the
referral, including outcomes;
(iii) the name and contact information of the school representative assigned to actively
participate in the court process with the minor and the minor's family;
(iv) if the minor was referred to prevention or early intervention youth services under
Subsection (3)(b), a report from the Division of Juvenile Justice Services that demonstrates the
minor's failure to complete or participate in prevention and early intervention youth services
under Subsection (3)(b); and
(v) any other information that the school district or school considers relevant.
(d) A minor referred to a court under Subsection (4) may not be ordered to or placed in
secure detention, including for a contempt charge or violation of a valid court order under
Section 
78A-6-353
, when the underlying offense is a status offense or infraction.
(e) If a minor is referred to a court under Subsection (4), the court may use, when
available, the resources of the Division of Juvenile Justice Services or the Division of
Substance Abuse and Mental Health to address the minor.
(8) If a minor is alleged to have committed an offense on school property that is a class
B misdemeanor or a class A misdemeanor, the school administrator, the school administrator's
designee, or a school resource officer may refer the minor directly to a court or to the
evidence-based alternative interventions in Subsection (3)(a).
Section 4. Section 
53G-8-213
 is amended to read:
53G-8-213.
Reintegration plan for student alleged to have committed a serious
offense.
(1) As used in this section:
(a) "Multidisciplinary team" means the local education agency, the juvenile court, the
Division of Juvenile Justice Services, a school resource officer if applicable, and any other
relevant party that should be involved in a reintegration plan.
[
(b) "Violent felony" means the same as that term is defined in Section 
76-3-203.5
.
]
(b) "Serious offense" means the same as that term is defined in Section 
80-6-103
.
(2) If a school district receives a notification from the juvenile court or a law
enforcement agency that a student was arrested for, charged with, or adjudicated in the juvenile
court for a [
violent felony or an offense in violation of Title 76, Chapter 10, Part 5, Weapons,
]
serious offense,
 the school shall develop a reintegration plan for the student with a
multidisciplinary team, the student, and the student's parent or guardian, within five 
school
days after the day on which the school receives a notification.
(3) The school may deny admission to the student until the school completes the
reintegration plan under Subsection (2).
(4) The reintegration plan under Subsection (2) shall address:
(a) a behavioral intervention for the student;
(b) a short-term mental health or counseling service for the student; and
(c) an academic intervention for the student.
(5) A reintegration plan under this section is classified as a protected record under
Section 
63G-2-305
.
(6) All other records of disclosures under this section are governed by Title 63G,
Chapter 2, Government Records Access and Management Act, and the Family Educational
Rights and Privacy Act, 20 U.S.C. Sec. 1232g.
Section 5. Section 
53G-8-510
 is amended to read:
53G-8-510.
Notification of an offense committed by a minor on school grounds --
Immunity from civil and criminal liability.
(1) As used in this section:
[
(a) "Dangerous weapon" means a firearm or an object that in the manner of the
object's use or intended use is capable of causing death or serious bodily injury to an
individual.
]
[
(b)
] 
(a)
 "Minor" means the same as that term is defined in Section 
80-1-102
.
[
(c)
] 
(b)
 "School employee" means an individual working in the individual's capacity
as:
(i) a school teacher;
(ii) a school staff member;
(iii) a school administrator; or
(iv) an individual:
(A) who is employed, directly or indirectly, by a school, an LEA governing board, or a
school district; and
(B) who works on a school campus.
[
(d)
] 
(c)
 "School is in session" means the same as that term is defined in Section
53E-3-516
.
[
(e)
] 
(d)
 "School-sponsored activity" means the same as that term is defined in Section
53E-3-516
.
(2) If a minor [
is found
] 
commits an offense
 on school grounds when school is in
session or at a school-sponsored activity [
in possession of a dangerous weapon
] and that
information is reported to, or known by, a school employee, the school employee shall notify
the principal.
(3) After receiving a notification under Subsection (2), the principal shall notify:
(a) a law enforcement officer or agency 
if the principal may refer the offense to a law
enforcement officer or agency as described in Section 
53G-8-211
; and
(b) school or district personnel if the principal determines that school or district
personnel should be informed.
(4) A person who in good faith reports information under Subsection (2) or (3) and any
person who receives the information is immune from any liability, civil or criminal, that might
otherwise result from the reporting or receipt of the information.
Section 6. Section 
76-4-203
 is amended to read:
Part 2. Criminal Conspiracy and Solicitation
76-4-203.
Criminal solicitation an adult.
[
(1) An actor commits criminal solicitation if, with intent that a felony be committed,
he solicits, requests, commands, offers to hire, or importunes another person to engage in
specific conduct that under the circumstances as the actor believes them to be would be a
felony or would cause the other person to be a party to the commission of a felony.
]
(1) (a) As used in this section:
(i) "Adult" means an individual who is 18 years old or older.
(ii) "Solicit" means to ask, command, encourage, importune, intentionally aid, offer to
hire, or request.
(b) Terms defined in Section 
76-1-101.5
 apply to this section.
(2) An actor commits criminal solicitation of an adult if:
(a) the actor intentionally solicits an adult to engage in conduct that is a felony offense;
and
(b) the actor believes, under the circumstances, that the conduct would be a felony
offense or would cause the adult to be a party to the commission of a felony offense.
(3) A violation of Subsection (2) where the actor solicits the adult to commit:
(a) a capital felony, or a felony punishable by imprisonment for life without parole, is a
first degree felony;
(b) except as provided in Subsection (3)(c) or (d), a first degree felony is a second
degree felony;
(c) any of the following felony offenses is a first degree felony punishable by
imprisonment for an indeterminate term of not fewer than three years and which may be for
life:
(i) murder, as described in Subsection 
76-5-203
(2)(a);
(ii) child kidnapping, as described in Section 
76-5-301.1
; or
(iii) except as provided in Subsection (3)(d), an offense described in Title 76, Chapter
5, Part 4, Sexual Offenses, that is a first degree felony;
(d) except as provided in Subsection (4), any of the following felony offenses is a first
degree felony punishable by a term of imprisonment of not less than 15 years and which may
be for life:
(i) rape of a child, Section 
76-5-402.1
;
(ii) object rape of a child, Section 
76-5-402.3
; or
(iii) sodomy on a child, Section 
76-5-403.1
;
(e) a second degree felony is a third degree felony; and
(f) a third degree felony is a class A misdemeanor.
(4) If a court finds that a lesser term than the term described in Subsection (3)(d) is in
the interests of justice and states the reasons for this finding on the record, the court may
impose a term of imprisonment of not less than:
(a) 10 years and which may be for life;
(b) six years and which may be for life; or
(c) three years and which may be for life.
[
(2)
] 
(5)
 An actor may be convicted under this section only if the solicitation is made
under circumstances strongly corroborative of the actor's intent that the 
felony
 offense be
committed.
[
(3)
] 
(6)
 It is not a defense [
under this section that the person
] 
to a violation of this
section that:
(a) the adult
 solicited by the actor:
[
(a)
] 
(i)
 does not agree to act upon the solicitation;
[
(b)
] 
(ii)
 does not commit an overt act;
[
(c)
] 
(iii)
 does not engage in conduct constituting a substantial step toward the
commission of any offense;
[
(d)
] 
(iv)
 is not criminally responsible for the felony solicited;
[
(e)
] 
(v)
 was acquitted, was not prosecuted or convicted, or was convicted of a different
offense or of a different type or degree of offense; or
[
(f)
] 
(vi)
 is immune from prosecution[
.
]
; or
[
(4)
] 
(b)
 [
It is not a defense under this section that
] the actor:
[
(a)
] 
(i)
 belongs to a class of persons that by definition is legally incapable of
committing the offense in an individual capacity; or
[
(b)
] 
(ii)
 fails to communicate with the [
person he
] 
adult that the actor
 solicits to
commit an offense[
,
] if the intent of the actor's conduct was to effect the communication.
[
(5)
] 
(7)
 Nothing in this section prevents an actor who otherwise solicits[
, requests,
commands, encourages, or intentionally aids another person
] 
an adult
 to engage in conduct
[
which
] 
that
 constitutes an offense from being prosecuted and convicted as a party to the
offense under Section 
76-2-202
 if the [
person solicited
] 
adult
 actually commits the offense.
Section 7. Section 
76-4-205
 is enacted to read:
 76-4-205.
Criminal solicitation of a minor.
(1) (a) As used in this section:
(i) "Minor" means an individual who is under 18 years old.
(ii) "Solicit" means to ask, command, encourage, importune, intentionally aid, offer to
hire, or request.
(b) Terms defined in Section 
76-1-101.5
 apply to this section.
(2) An actor commits criminal solicitation of a minor if:
(a) the actor intentionally solicits a minor to engage in conduct that is an offense; and
(b) the actor believes, under the circumstances, that the conduct would be an offense or
would cause the minor to be a party to the commission of an offense.
(3) A violation of Subsection (2) is:
(a) a first degree felony if the actor solicits conduct that is a first degree felony;
(b) a second degree felony if the actor solicits conduct that is a second degree felony;
(c) a third degree felony if the actor solicits conduct that is a third degree felony;
(d) a class A misdemeanor if the actor solicits conduct that is a class A misdemeanor;
(e) a class B misdemeanor if the actor solicits conduct that is a class B misdemeanor;
(f) a class C misdemeanor if the actor solicits conduct that is a class C misdemeanor; or
(g) an infraction if the actor solicits conduct that is an infraction.
(4) An actor may be convicted under this section only if the solicitation is made under
circumstances strongly corroborative of the actor's intent that the offense be committed.
(5) It is not a defense to a violation of this section that:
(a) the minor:
(i) does not agree to act upon the solicitation;
(ii) does not commit an overt act;
(iii) does not engage in conduct constituting a substantial step toward the commission
of the offense;
(iv) is not criminally responsible for the offense solicited;
(v) was acquitted or the allegations about the minor's in a delinquency petition were
found to not be true;
(vi) was not prosecuted, adjudicated, or convicted, or was convicted or adjudicated of a
different offense or of a different type or degree of offense; or
(vii) is immune from prosecution; or
(b) the actor:
(i) belongs to a class of persons that by definition is legally incapable of committing
the offense in an individual capacity; or
(ii) fails to communicate with the minor that the actor solicits to commit an offense if
the intent of the actor's conduct was to effect the communication.
(6) Nothing in this section prevents an actor who otherwise solicits a minor to engage
in conduct that constitutes an offense from being prosecuted and convicted as a party to the
offense under Section 
76-2-202
 if the minor actually commits the offense.
Section 8. Section 
76-10-505.5
 is amended to read:
76-10-505.5.
Possession of a dangerous weapon, firearm, or short barreled
shotgun on or about school premises -- Penalties.
(1) As used in this section, "on or about school premises" means:
(a) (i) in a public or private elementary or secondary school; or
(ii) on the grounds of any of those schools;
(b) (i) in a public or private institution of higher education; or
(ii) on the grounds of a public or private institution of higher education; and
(iii) (A) inside the building where a preschool or child care is being held, if the entire
building is being used for the operation of the preschool or child care; or
(B) if only a portion of a building is being used to operate a preschool or child care, in
that room or rooms where the preschool or child care operation is being held.
(2) [
A person
] 
An actor who is 18 years old or older
 may not possess [
any
] 
a
 dangerous
weapon, firearm, or short barreled shotgun[
, as those terms are defined in Section 
76-10-501
,
]
at a place that the [
person
] 
actor
 knows, or has reasonable cause to believe, is on or about
school premises [
as defined in this section
].
(3) (a) Possession of a dangerous weapon on or about school premises is a class B
misdemeanor.
(b) Possession of a firearm or short barreled shotgun on or about school premises is a
class A misdemeanor.
(4) This section does not apply if:
(a) the [
person
] 
actor
 is authorized to possess a firearm as provided under Section
53-5-704
, 
53-5-705
, 
76-10-511
, or 
76-10-523
, or as otherwise authorized by law;
(b) the [
person
] 
actor
 is authorized to possess a firearm as provided under Section
53-5-704.5
, unless the [
person
] 
actor
 is in a location where the [
person
] 
actor
 is prohibited
from carrying a firearm under Subsection 
53-5-710
(2);
(c) the possession is approved by the responsible school administrator;
(d) the item is present or to be used in connection with a lawful, approved activity and
is in the possession or under the control of the [
person
] 
actor
 responsible for [
its
] 
the item's
possession or use; or
(e) the possession is:
(i) at the [
person's
] 
actor's
 place of residence or on the [
person's
] 
actor's
 property; or
(ii) in any vehicle lawfully under the [
person's
] 
actor's
 control, other than a vehicle
owned by the school or used by the school to transport students.
(5) This section does not prohibit prosecution of
:
(a)
 a more serious weapons offense that may occur on or about school premises[
.
]
; or
(b) possession of a dangerous weapon by a minor, as described in Section 
76-10-509.4
,
that occurs on or about school premises.
Section 9. Section 
76-10-509.4
 is amended to read:
76-10-509.4.
Possession of a dangerous weapon by a minor -- Penalties.
[
(1) An individual who is under 18 years old may not possess a handgun.
]
[
(2) Except as provided by federal law, an individual who is under 18 years old may
not possess the following:
]
(1) As used in this section, "responsible adult" means an individual:
(a) who is 18 years old or older; and
(b) who may lawfully possess a dangerous weapon.
(2) An actor who is under 18 years old may not possess a dangerous weapon.
(3) (a) Except as provided in Subsection (3)(b), a violation of Subsection (1) is:
(i) a class B misdemeanor for a first offense; and
(ii) a class A misdemeanor for each subsequent offense.
(b) A violation of Subsection (1) is a third degree felony if the dangerous weapon is:
(i) a handgun;
[
(a)
] 
(ii)
 a short barreled rifle;
[
(b)
] 
(iii)
 a short barreled shotgun;
[
(c)
] 
(iv)
 a fully automatic weapon; or
[
(d)
] 
(v)
 a machinegun firearm attachment.
[
(3) An individual who violates Subsection (1) is guilty of:
]
[
(a) a class B misdemeanor upon the first offense; and
]
[
(b) a class A misdemeanor for each subsequent offense.
]
[
(4) An individual who violates Subsection (2) is guilty of a third degree felony.
]
(4) This section does not apply if the actor:
(a) possesses a dangerous weapon;
(b) has permission from the actor's parent or guardian to possess the dangerous
weapon; and
(c) is accompanied by the actor's parent or guardian, or a responsible adult, while the
actor has the dangerous weapon in the actor's possession.
Section 10. Section 
76-10-509.7
 is amended to read:
76-10-509.7.
Parent or guardian knowing of minor's possession of dangerous
weapon.
Any parent or guardian of a minor who knows that the minor is in possession of a
dangerous weapon in violation of Section [
76-10-509
 or a firearm in violation of Section
]
76-10-509.4
 and fails to make reasonable efforts to remove the dangerous weapon [
or firearm
]
from the minor's possession is guilty of a class B misdemeanor.
Section 11. Section 
76-10-512
 is amended to read:
76-10-512.
Target concessions, shooting ranges, competitions, and hunting
excepted from prohibitions.
(1) The provisions of Section [
76-10-509
 and Subsection 
76-10-509.4
(1)
] 
76-10-509.4
regarding possession of handguns by minors do not apply to any of the following:
(a) patrons firing at lawfully operated target concessions at amusement parks, piers,
and similar locations provided that the firearms to be used are firmly chained or affixed to the
counters;
(b) any person in attendance at a hunter's safety course or a firearms safety course;
(c) any person engaging in practice or any other lawful use of a firearm at an
established range or any other area where the discharge of a firearm is not prohibited by state or
local law;
(d) any person engaging in an organized competition involving the use of a firearm, or
participating in or practicing for such competition;
(e) any minor under 18 years [
of age
] 
old
 who is on real property with the permission
of the owner, licensee, or lessee of the property and who has the permission of a parent or legal
guardian or the owner, licensee, or lessee to possess a firearm not otherwise in violation of law;
(f) any resident or nonresident hunters with a valid hunting license or other persons
who are lawfully engaged in hunting; or
(g) any person traveling to or from any activity described in Subsection (1)(b), (c), (d),
(e), or (f) with an unloaded firearm in the person's possession.
(2) It is not a violation of Subsection 
76-10-503
(2) or (3) for a restricted person defined
in Subsection 
76-10-503
(1) to own, possess, or have under the person's custody or control,
archery equipment, including crossbows, for the purpose of lawful hunting and lawful target
shooting.
(3) Notwithstanding Subsection (2), the possession of archery equipment, including
crossbows, by a restricted person defined in Subsection 
76-10-503
(1) may be prohibited by:
(a) a court, as a condition of pre-trial release or probation; or
(b) the Board of Pardons and Parole, as a condition of parole.
Section 12. Section 
77-23a-8
 is amended to read:
77-23a-8.
Court order to authorize or approve interception -- Procedure.
(1) The attorney general of the state, any assistant attorney general specially designated
by the attorney general, any county attorney, district attorney, deputy county attorney, or deputy
district attorney specially designated by the county attorney or by the district attorney, may
authorize an application to a judge of competent jurisdiction for an order for an interception of
wire, electronic, or oral communications by any law enforcement agency of the state, the
federal government or of any political subdivision of the state that is responsible for
investigating the type of offense for which the application is made.
(2) The judge may grant the order in conformity with the required procedures when the
interception sought may provide or has provided evidence of the commission of:
(a) any act:
(i) prohibited by the criminal provisions of:
(A) Title 58, Chapter 37, Utah Controlled Substances Act;
(B) Title 58, Chapter 37c, Utah Controlled Substance Precursor Act; or
(C) Title 58, Chapter 37d, Clandestine Drug Lab Act; and
(ii) punishable by a term of imprisonment of more than one year;
(b) any act prohibited by the criminal provisions of Title 61, Chapter 1, Utah Uniform
Securities Act, and punishable by a term of imprisonment of more than one year;
(c) an offense:
(i) of:
(A) attempt, Section 
76-4-101
;
(B) conspiracy, Section 
76-4-201
;
(C) [
solicitation, Section 
76-4-203
] 
criminal solicitation of an adult, Section 
76-4-203
;
or
(D) criminal solicitation of a minor, Section 
76-4-205
; and
(ii) punishable by a term of imprisonment of more than one year;
(d) a threat of terrorism offense punishable by a maximum term of imprisonment of
more than one year, Section 
76-5-107.3
;
(e) (i) aggravated murder, Section 
76-5-202
;
(ii) murder, Section 
76-5-203
; or
(iii) manslaughter, Section 
76-5-205
;
(f) (i) kidnapping, Section 
76-5-301
;
(ii) child kidnapping, Section 
76-5-301.1
;
(iii) aggravated kidnapping, Section 
76-5-302
;
(iv) human trafficking, Section 
76-5-308
, 
76-5-308.1
, or 
76-5-308.5
, or human
smuggling, Section 
76-5-308.3
; or
(v) aggravated human trafficking, Section 
76-5-310
, or aggravated human smuggling,
Section 
76-5-310.1
;
(g) (i) arson, Section 
76-6-102
; or
(ii) aggravated arson, Section 
76-6-103
;
(h) (i) burglary, Section 
76-6-202
; or
(ii) aggravated burglary, Section 
76-6-203
;
(i) (i) robbery, Section 
76-6-301
; or
(ii) aggravated robbery, Section 
76-6-302
;
(j) an offense:
(i) of:
(A) theft, Section 
76-6-404
;
(B) theft by deception, Section 
76-6-405
; or
(C) theft by extortion, Section 
76-6-406
; and
(ii) punishable by a maximum term of imprisonment of more than one year;
(k) an offense of receiving stolen property that is punishable by a maximum term of
imprisonment of more than one year, Section 
76-6-408
;
(l) a financial card transaction offense punishable by a maximum term of imprisonment
of more than one year, Section 
76-6-506.2
, 
76-6-506.3
, or 
76-6-506.6
;
(m) bribery of a labor official, Section 
76-6-509
;
(n) bribery or threat to influence a publicly exhibited contest, Section 
76-6-514
;
(o) a criminal simulation offense punishable by a maximum term of imprisonment of
more than one year, Section 
76-6-518
;
(p) criminal usury, Section 
76-6-520
;
(q) insurance fraud punishable by a maximum term of imprisonment of more than one
year, Section 
76-6-521
;
(r) a violation of Title 76, Chapter 6, Part 7, Utah Computer Crimes Act, punishable by
a maximum term of imprisonment of more than one year, Section 
76-6-703
;
(s) bribery to influence official or political actions, Section 
76-8-103
;
(t) misusing public money or public property, Section 
76-8-402
;
(u) tampering with a witness or soliciting or receiving a bribe, Section 
76-8-508
;
(v) retaliation against a witness, victim, or informant, Section 
76-8-508.3
;
(w) tampering with a juror, retaliation against a juror, Section 
76-8-508.5
;
(x) extortion or bribery to dismiss criminal proceeding, Section 
76-8-509
;
(y) obstruction of justice, Section 
76-8-306
;
(z) destruction of property to interfere with preparation for defense or war, Section
76-8-802
;
(aa) an attempt to commit crimes of sabotage, Section 
76-8-804
;
(bb) conspiracy to commit crimes of sabotage, Section 
76-8-805
;
(cc) advocating criminal syndicalism or sabotage, Section 
76-8-902
;
(dd) assembly for advocating criminal syndicalism or sabotage, Section 
76-8-903
;
(ee) riot punishable by a maximum term of imprisonment of more than one year,
Section 
76-9-101
;
(ff) dog fighting, training dogs for fighting, or dog fighting exhibitions punishable by a
maximum term of imprisonment of more than one year, Section 
76-9-301.1
;
(gg) possession, use, or removal of an explosive, chemical, or incendiary device and
parts, Section 
76-10-306
;
(hh) delivery to a common carrier or mailing of an explosive, chemical, or incendiary
device, Section 
76-10-307
;
(ii) exploiting prostitution, Section 
76-10-1305
;
(jj) aggravated exploitation of prostitution, Section 
76-10-1306
;
(kk) bus hijacking or assault with intent to commit hijacking, Section 
76-10-1504
;
(ll) discharging firearms and hurling missiles, Section 
76-10-1505
;
(mm) violations of Title 76, Chapter 10, Part 16, Pattern of Unlawful Activity Act, and
the offenses listed under the definition of unlawful activity in the act, including the offenses not
punishable by a maximum term of imprisonment of more than one year when those offenses
are investigated as predicates for the offenses prohibited by the act, Section 
76-10-1602
;
(nn) communications fraud, Section 
76-10-1801
;
(oo) money laundering, Sections 
76-10-1903
 and 
76-10-1904
; or
(pp) reporting by a person engaged in a trade or business when the offense is
punishable by a maximum term of imprisonment of more than one year, Section 
76-10-1906
.
Section 13. Section 
80-6-103
 is amended to read:
80-6-103.
Notification to a school -- Civil and criminal liability.
(1) As used in this section:
(a) "School" means a school in a local education agency.
(b) "Local education agency" means a school district, a charter school, or the Utah
Schools for the Deaf and the Blind.
(c) "School official" means:
(i) the school superintendent of the district in which the minor resides or attends school
or the school superintendent's designee
; or
(ii) if there is no school superintendent for the school, the principal of the school where
the minor attends 
or the principal's designee
.
(d) "Serious offense" means:
(i) a violent felony as defined in Section 
76-3-203.5
;
(ii) an offense that is a violation of Title 76, Chapter 6, Part 4, Theft, and the property
stolen is a firearm; or
(iii) an offense that is a violation of Title 76, Chapter 10, Part 5, Weapons.
[
(d)
] 
(e)
 "Transferee school official" means:
(i) the school superintendent of the district in which the minor resides or attends school
if the minor is admitted to home detention
, or the school superintendent's designee
; or
(ii) if there is no school superintendent for the school, the principal of the school where
the minor attends if the minor is admitted to home detention
, or the principal's designee
.
(2) A notification under this section is provided for a minor's supervision and student
safety.
(3) (a) If a minor is taken into temporary custody under Section 
80-6-201
 for [
a violent
felony or an offense in violation of Title 76, Chapter 10, Part 5, Weapons
] 
a serious offense
,
the peace officer, or other person who has taken the minor into temporary custody, shall notify
a school official within five days after the day on which the minor is taken into temporary
custody.
(b) A notification under this Subsection (3) shall only disclose:
(i) the name of the minor;
(ii) the offense for which the minor was taken into temporary custody or admitted to
detention; and
(iii) if available, the name of the victim if the victim resides in the same school district
as the minor or attends the same school as the minor.
(4) After a detention hearing for a minor who is alleged to have committed [
a violent
felony, or an offense in violation of Title 76, Chapter 10, Part 5, Weapons
] 
a serious offense
,
the juvenile court shall order a juvenile probation officer to notify a school official, or a
transferee school official, and the appropriate local law enforcement agency of the juvenile
court's decision, including any disposition, order, or no-contact order.
(5) If a designated staff member of a detention facility admits a minor to home
detention under Section 
80-6-205
 and notifies the juvenile court of that admission, the juvenile
court shall order a juvenile probation officer to notify a school official, or a transferee school
official, and the appropriate local law enforcement agency that the minor has been admitted to
home detention.
(6) (a) If the juvenile court adjudicates a minor for [
an offense of violence or an
offense in violation of Title 76, Chapter 10, Part 5, Weapons
] 
a serious offense
, the juvenile
court shall order a juvenile probation officer to notify a school official, or a transferee school
official, of the adjudication.
(b) A notification under this Subsection (6) shall be given to a school official, or a
transferee school official, within three days after the day on which the minor is adjudicated.
(c) A notification under this section shall include:
(i) the name of the minor;
(ii) the offense for which the minor was adjudicated; and
(iii) if available, the name of the victim if the victim:
(A) resides in the same school district as the minor; or
(B) attends the same school as the minor.
(7) If the juvenile court orders 
formal
 probation under Section 
80-6-702
, the juvenile
court shall order a juvenile probation officer to notify the appropriate local law enforcement
agency and the school official of the juvenile court's order for 
formal
 probation.
(8) (a) An employee of the local law enforcement agency, or the school the minor
attends, who discloses a notification under this section is not:
(i) civilly liable except when the disclosure constitutes fraud or willful misconduct as
provided in Section 
63G-7-202
; and
(ii) civilly or criminally liable except when the disclosure constitutes a knowing
violation of Section 
63G-2-801
.
(b) An employee of a governmental agency is immune from any criminal liability for
failing to provide the information required by this section, unless the employee fails to act due
to malice, gross negligence, or deliberate indifference to the consequences.
(9) (a) A notification under this section shall be classified as a protected record under
Section 
63G-2-305
.
(b) All other records of disclosures under this section are governed by Title 63G,
Chapter 2, Government Records Access and Management Act, and the Family Educational
Rights and Privacy Act, 20 U.S.C. Sec. 1232g.
Section 14. Section 
80-6-303.5
 is amended to read:
80-6-303.5.
Preliminary inquiry by juvenile probation officer -- Eligibility for
nonjudicial adjustment.
(1) If the juvenile court receives a referral for an offense committed by a minor that is,
or appears to be, within the juvenile court's jurisdiction, a juvenile probation officer shall make
a preliminary inquiry in accordance with this section to determine whether the minor is eligible
to enter into a nonjudicial adjustment.
(2) If a minor is referred to the juvenile court for multiple offenses arising from a
single criminal episode, and the minor is eligible under this section for a nonjudicial
adjustment, the juvenile probation officer shall offer the minor one nonjudicial adjustment for
all offenses arising from the single criminal episode.
(3) (a) The juvenile probation officer may:
(i) conduct a validated risk and needs assessment; and
(ii) request that a prosecuting attorney review a referral in accordance with Section
80-6-304.5
 if:
(A) the results of the validated risk and needs assessment indicate the minor is high
risk; or
(B) the results of the validated risk and needs assessment indicate the minor is
moderate risk and the referral is for a class A misdemeanor violation under Title 76, Chapter 5,
Offenses Against the Individual, or Title 76, Chapter 9, Part 7, Miscellaneous Provisions.
(b) If the referral involves an offense that is a violation of Section 
41-6a-502
, the minor
shall:
(i) undergo a drug and alcohol screening;
(ii) if found appropriate by the screening, participate in an assessment; and
(iii) if warranted by the screening and assessment, follow the recommendations of the
assessment.
(4) Except for an offense that is not eligible under Subsection (8), the juvenile
probation officer shall offer a nonjudicial adjustment to a minor if:
(a) the minor:
(i) is referred for an offense that is a misdemeanor, infraction, or status offense;
(ii) has no more than two prior adjudications; and
(iii) has no more than two prior unsuccessful nonjudicial adjustment attempts; or
(b) the minor is referred for an offense that is alleged to have occurred before the minor
was 12 years old.
(5) For purposes of determining a minor's eligibility for a nonjudicial adjustment under
Subsection (4), the juvenile probation officer shall treat all offenses arising out of a single
criminal episode that resulted in a nonjudicial adjustment as one prior nonjudicial adjustment.
(6) For purposes of determining a minor's eligibility for a nonjudicial adjustment under
Subsection (4), the juvenile probation officer shall treat all offenses arising out of a single
criminal episode that resulted in one or more prior adjudications as a single adjudication.
(7) Except for a referral that involves an offense described in Subsection (8), the
juvenile probation officer may offer a nonjudicial adjustment to a minor who does not meet the
criteria described in Subsection (4)(a).
(8) The juvenile probation officer may not offer a minor a nonjudicial adjustment if the
referral involves:
(a) an offense alleged to have occurred when the minor was 12 years old or older that
is:
(i) a felony offense; or
(ii) a misdemeanor violation of:
(A) Section 
41-6a-502
, driving under the influence;
(B) Section 
76-5-107
, threat of violence;
(C) Section 
76-5-107.1
, threats against schools;
(D) Section 
76-5-112
, reckless endangerment creating a substantial risk of death or
serious bodily injury;
(E) Section 
76-5-206
, negligent homicide;
(F) Section 
76-9-702.1
, sexual battery;
(G) Section 
76-10-505.5
, possession of a dangerous weapon, firearm, or short barreled
shotgun on or about school premises;
(H) Section 
76-10-506
, threatening with or using a dangerous weapon in fight or
quarrel;
(I) Section 
76-10-507
, possession of a deadly weapon with criminal intent; 
or
(J) Section 
76-10-509.4
, possession of a dangerous weapon by a minor; or
[
(J) Section 
76-10-509
, possession of a dangerous weapon by a minor; or
]
[
(K) Section 
76-10-509.4
, prohibition of possession of certain weapons by minors; or
]
(b) an offense alleged to have occurred before the minor is 12 years old that is a felony
violation of:
(i) Section 
76-5-103
, aggravated assault resulting in serious bodily injury to another;
(ii) Section 
76-5-202
, aggravated murder or attempted aggravated murder;
(iii) Section 
76-5-203
, murder or attempted murder;
(iv) Section 
76-5-302
, aggravated kidnapping;
(v) Section 
76-5-405
, aggravated sexual assault;
(vi) Section 
76-6-103
, aggravated arson;
(vii) Section 
76-6-203
, aggravated burglary;
(viii) Section 
76-6-302
, aggravated robbery; or
(ix) Section 
76-10-508.1
, felony discharge of a firearm.
(9) The juvenile probation officer shall request that a prosecuting attorney review a
referral if:
(a) the referral involves an offense described in Subsection (8); or
(b) the minor has a current suspended order for custody under Section 
80-6-711
.
Section 15. Section 
80-6-705
 is amended to read:
80-6-705.
Secure care -- Limitations -- Order for therapy for parent with minor
in secure care.
(1) If a minor is adjudicated for an offense under Section 
80-6-701
, the juvenile court
may order the minor to secure care if [
the juvenile court finds that
]:
(a) 
(i) the juvenile court finds that:
[
(i)
] 
(A)
 the minor poses a risk of harm to others; or
[
(ii)
] 
(B)
 the minor's conduct resulted in the victim's death; and
(b) the minor is adjudicated for:
(i) a felony offense;
(ii) a misdemeanor offense if the minor has five prior misdemeanor or felony
adjudications arising from separate criminal episodes; or
(iii) a misdemeanor offense involving 
the
 use of a dangerous weapon as defined in
Section 
76-1-101.5
.
(2) If a minor is adjudicated for an offense under Section 
80-6-701
, the juvenile court
shall order the minor to secure care if:
(a) the minor is adjudicated for a felony offense involving the possession of a
dangerous weapon by a minor as described in Section 
76-10-509.4
; and
(b) the minor was previously adjudicated for a felony offense involving the possession
of a dangerous weapon by a minor as described in Section 
76-10-509.4
.
[
(2)
] 
(3)
 A juvenile court may not order a minor to secure care for:
(a) contempt of court;
(b) a violation of probation;
(c) failure to pay a fine, fee, restitution, or other financial obligation;
(d) unfinished compensatory or community service hours;
(e) an infraction; or
(f) a status offense.
[
(3)
] 
(4)
 The juvenile court may, on the recommendation of the division, order a parent
of a minor in secure care to undergo group rehabilitation therapy under the direction of a
therapist, who has supervision of the minor in secure care, or any other therapist for a period
recommended by the division.
Section 16. Section 
80-6-1004.5
 is amended to read:
80-6-1004.5.
Automatic expungement of successful nonjudicial adjustment --
Effect of successful nonjudicial adjustment.
(1) Except as provided in Subsection (2), the juvenile court shall issue, without a
petition, an order to expunge an individual's juvenile record if:
(a) the individual has reached 18 years old;
(b) the individual's juvenile record consists solely of nonjudicial adjustments;
(c) the individual has successfully completed each nonjudicial adjustment; and
(d) all nonjudicial adjustments were completed on or after October 1, 2023.
(2) An individual's juvenile record is not eligible for expungement under Subsection
(1) if the individual's juvenile record contains a nonjudicial adjustment for a violation of:
(a) Section 
41-6a-502
, driving under the influence;
(b) Section 
76-5-112
, reckless endangerment creating a substantial risk of death or
serious bodily injury;
(c) Section 
76-5-206
, negligent homicide;
(d) Section 
76-9-702.1
, sexual battery;
(e) Section 
76-10-505.5
, possession of a dangerous weapon, firearm, or short barreled
shotgun on or about school premises; or
(f) Section [
76-10-509
] 
76-10-509.4
, possession of a dangerous weapon by a minor.
(3) If an individual's juvenile record consists solely of nonjudicial adjustments that
were completed before October 1, 2023:
(a) any nonjudicial adjustment in the individual's juvenile record is considered to never
have occurred if:
(i) the individual has reached 18 years old;
(ii) the individual has satisfied restitution that was a condition of any nonjudicial
adjustment in the individual's juvenile record; and
(iii) the nonjudicial adjustment was for an offense that is not an offense described in
Subsection (2); and
(b) the individual may reply to any inquiry about the nonjudicial adjustment as though
there never was a nonjudicial adjustment.
Section 17. 
Repealer.
This bill repeals:
Section 
76-4-204
,
Criminal solicitation -- Penalties.
Section 
76-10-509
,
Possession of dangerous weapon by minor.
Section 
76-10-2301
,
Contributing to the delinquency of a minor -- Definitions --
Penalties.
Section 18. 
Effective date.
This bill takes effect on May 1, 2024.