Bill
Sex and Kidnap Offender Registry Access
- Number
- S.B. 11 First Substitute (2024GS)
- Sponsor
- Sen. Wilson, C.
- Final action
- Governor Signed 3/13/2024
- Outcome
- Became law — signed by Gov. Spencer J. Cox
Summary
This bill addresses access to information included on the Sex and Kidnap Offender Registry.
What it does
- This bill:
- requires the Department of Corrections to make certain information collected by the department for the purpose of registering sex and kidnap offenders searchable on the Sex Offender and Kidnap Offender Notification and Registration website;
- clarifies that the Department of Corrections is not required to report the results of searches to a law enforcement agency;
- prohibits the department from disclosing the name or other identifying information of a sex or kidnap offender; and
- makes technical and conforming changes.
Every vote on this bill
1/16/2024Senate/ passed 2nd & 3rd readings/ suspension
Clerk of the House
27 0 2not eligible / no record1/29/2024House Comm - Substitute Recommendation from # 0 to # 1
House Law Enforcement and Criminal Justice Committee
12 0 0not eligible / no record1/29/2024House Comm - Favorable Recommendation
House Law Enforcement and Criminal Justice Committee
12 0 0not eligible / no record1/31/2024House/ passed 3rd reading
Senate Secretary
70 0 5YEA2/2/2024Senate/ concurs with House amendment
House Speaker
24 0 5not eligible / no recordBill text
introduced version · official source
SEX AND KIDNAP OFFENDER REGISTRY ACCESS GENERAL SESSION STATE OF UTAH Chief Sponsor: Chris H. Wilson House Sponsor: Andrew Stoddard LONG TITLE Committee Note: The Law Enforcement and Criminal Justice Interim Committee recommended this bill. Legislative Vote: 12 voting for 0 voting against 6 absent General Description: This bill addresses access to information included on the Sex and Kidnap Offender Registry. Highlighted Provisions: This bill: ▸ requires the Department of Corrections to make certain information collected by the department for the purpose of registering sex and kidnap offenders searchable on the Sex Offender and Kidnap Offender Notification and Registration website; ▸ clarifies that the Department of Corrections is not required to report the results of searches to a law enforcement agency; ▸ prohibits the department from disclosing the name or other identifying information of a sex or kidnap offender; and ▸ makes technical and conforming changes. Money Appropriated in this Bill: None Other Special Clauses: None Utah Code Sections Affected: AMENDS: 77-41-110 , as last amended by Laws of Utah 2023, Chapter 123 Be it enacted by the Legislature of the state of Utah: Section 1. Section 77-41-110 is amended to read: 77-41-110. Sex offender and kidnap offender registry -- Department to maintain. (1) The department shall maintain a Sex Offender and Kidnap Offender Notification and Registration website on the Internet, which shall contain a disclaimer informing the public: (a) the information contained on the site is obtained from offenders and the department does not guarantee its accuracy or completeness; (b) members of the public are not allowed to use the information to harass or threaten offenders or members of their families; and (c) harassment, stalking, or threats against offenders or their families are prohibited and doing so may violate Utah criminal laws. (2) The Sex Offender and Kidnap Offender Notification and Registration website shall be indexed by both the surname of the offender and by postal codes. (3) The department shall construct the Sex Offender Notification and Registration website so that users, before accessing registry information, must indicate that they have read the disclaimer, understand it, and agree to comply with its terms. (4) Except as provided in Subsection [ (5) ] (7) , the Sex Offender and Kidnap Offender Notification and Registration website shall include the following registry information: (a) all names and aliases by which the offender is or has been known, but not including any online or Internet identifiers; (b) the addresses of the offender's primary, secondary, and temporary residences; (c) a physical description, including the offender's date of birth, height, weight, and eye and hair color; (d) the make, model, color, year, and plate number of any vehicle or vehicles the offender owns or regularly drives; (e) a current photograph of the offender; (f) a list of all professional licenses that authorize the offender to engage in an occupation or carry out a trade or business; (g) each educational institution in Utah at which the offender is employed, carries on a vocation, or is a student; (h) a list of places where the offender works as a volunteer; and (i) the crimes listed in Subsections 77-41-102 (10) and (18) that the offender has been convicted of or for which the offender has been adjudicated delinquent in juvenile court. (5) The department shall make the following information searchable by the public on the Sex Offender and Kidnap Offender Notification and Registration website: (a) telephone numbers or other designations for an offender provided under Subsection 77-41-105 (7)(h); (b) Internet identifiers or other addresses for an offender provided under Subsection 77-41-105 (7)(i); and (c) names and Internet addresses of websites on which an offender is registered using an online identifier, including the online identifier used to access the website. (6) The department is not required to: (a) report the results of the search under Subsection (5) to a law enforcement agency; or (b) based on the results of a search under Subsection (5), open an investigation. [ (5) ] (7) The department, [ its ] the department's personnel, and any individual or entity acting at the request or upon the direction of the department are immune from civil liability for damages for good faith compliance with this chapter and will be presumed to have acted in good faith by reporting information. [ (6) ] (8) The department : (a) shall redact information that, if disclosed, could reasonably identify a victim ; and (b) may not, when providing information under Subsection (5), disclose the name or other identifying information not described in Subsection (5) of an offender . Section 2. Effective date. This bill takes effect on May 1, 2024.