Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 163 Third Substitute (2024GS)

Sponsor

Sen. Stevenson, J.

Final action

Governor Signed 3/13/2024

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• requires the Bureau of Criminal Identification to issue a certificate of eligibility, or a special certificate, for expungement without requiring the payment of an issuance fee in certain circumstances;
• allows an individual to bring a petition for expungement without paying a fee for the petition when the individual is receiving services for the expungement from a nonprofit organization or a public benefit corporation that provides services to low-income individuals seeking expungement; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

This document includes Senate Committee Amendments incorporated into the bill on Fri, Feb 9, 2024 at 9:46 AM by lpoole.
This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Fri, Feb 16, 2024 at 4:31 PM by lpoole.
EXPUNGEMENT FEE WAIVER AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jerry W. Stevenson
House Sponsor: 
 Tyler Clancy
LONG TITLE
General Description:
This bill addresses the waiver of fees for expungement.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ requires the Bureau of Criminal Identification to issue a certificate of eligibility, or a
special certificate, for expungement without requiring the payment of an issuance
fee in certain circumstances;
▸ allows an individual to bring a petition for expungement without paying a fee for
the petition when the individual is receiving services for the expungement from a
nonprofit organization or a public benefit corporation that provides services to
low-income individuals seeking expungement; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
77-40a-304
, as last amended by Laws of Utah 2023, Chapter 265
78A-2-302
, as last amended by Laws of Utah 2023, Chapter 184
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
77-40a-304
 is amended to read:
77-40a-304.
Certificate of eligibility process -- Issuance of certificate -- Fees.
(1) (a) When a petitioner applies for a certificate of eligibility as described in
Subsection 
77-40a-301
(1), the bureau shall perform a check of records of governmental
agencies, including national criminal data bases, to determine whether the petitioner is eligible
to receive a certificate of eligibility under this chapter.
(b) For purposes of determining eligibility under this chapter, the bureau may review
records of arrest, investigation, detention, and conviction that have been previously expunged,
regardless of the jurisdiction in which the expungement occurred.
(c) Once the eligibility process is complete, the bureau shall notify the petitioner.
(d) If the petitioner meets all of the criteria under Section 
77-40a-302
 or 
77-40a-303
:
(i) the bureau shall issue a certificate of eligibility that is valid for a period of 180 days
from the day on which the certificate is issued;
(ii) the bureau shall provide a petitioner with an identification number for the
certificate of eligibility; and
(iii) the petitioner shall pay the issuance fee established by the department as described
in Subsection (2).
(e) If, after reasonable research, a disposition for an arrest on the criminal history file is
unobtainable, the bureau may issue a special certificate giving determination of eligibility to
the court, except that the bureau may not issue the special certificate if:
(i) there is a criminal proceeding for a misdemeanor or felony offense pending against
the petitioner, unless the criminal proceeding is for a traffic offense;
(ii) there is a plea in abeyance for a misdemeanor or felony offense pending against the
petitioner, unless the plea in abeyance is for a traffic offense; or
(iii) the petitioner is currently incarcerated, on parole, or on probation, unless the
petitioner is on probation or parole for an infraction, a traffic offense, or a minor regulatory
offense.
(2) (a) The bureau shall charge application and issuance fees for a certificate of
eligibility or special certificate in accordance with the process in Section 
63J-1-504
.
(b) The application fee shall be paid at the time the petitioner submits an application
for a certificate of eligibility to the bureau.
(c) If the bureau determines that the issuance of a certificate of eligibility or special
certificate is appropriate, the petitioner will be charged an additional fee for the issuance of a
certificate of eligibility or special certificate unless Subsection (2)(d) applies.
(d) [
An issuance fee may not be assessed against a petitioner who
] 
The bureau shall
issue a certificate of eligibility or a special certificate without requiring the payment of the
issuance fee if the petitioner:
(i)
 qualifies for a certificate of eligibility under Section 
77-40a-302
 unless the charges
were dismissed pursuant to a plea in abeyance agreement under Title 77, Chapter 2a, Pleas in
Abeyance, or a diversion agreement under Title 77, Chapter 2, Prosecution, Screening, and
Diversion[
.
]
; or
(ii) is not required to pay the fee for a petition for expungement as described in
Subsection 
78A-2-302
(2)(b).
(e) Funds generated under this Subsection (2) shall be deposited in the General Fund as
a dedicated credit by the department to cover the costs incurred in determining eligibility.
(3) The bureau shall include on the certificate of eligibility all information that is
needed for the court to issue a valid expungement order.
(4) The bureau shall provide clear written instructions to the petitioner that explain:
(a) the process for a petition for expungement; and
(b) what is required of the petitioner to complete the process for a petition for
expungement.
Section 2. Section 
78A-2-302
 is amended to read:
78A-2-302.
Waiver of court fees, costs, and security -- Indigent litigants --
Affidavit.
(1) As used in Sections 
78A-2-302
 through 
78A-2-309
:
(a) "Convicted" means:
(i) a conviction by entry of a plea of guilty or nolo contendere, guilty with a mental
condition, no contest; and
(ii) a conviction of any crime or offense.
(b) "Indigent" means an individual who is financially unable to pay fees and costs or
give security.
(c) "Public benefit corporation" means:
(i) a benefit corporation as defined in Section 
16-10b-103
; or
(ii) a business corporation that is incorporated as a public benefit corporation in
another state.
(d) "Nonprofit organization" means an organization that:
(i) qualifies as being tax exempt under Section 501(c)(3) of the Internal Revenue Code;
and
(ii) has a charitable purpose.
[
(c)
] 
(e)
 "Prisoner" means an individual who has been convicted of a crime and is
incarcerated for that crime or is being held in custody for trial or sentencing.
(2) An individual may institute, prosecute, defend, or appeal any cause in a court in this
state without prepayment of fees and costs or security if
:
(a)
 the individual submits an affidavit demonstrating that the individual is indigent[
.
]
;
or
(b) the cause is a petition for expungement and the individual is receiving services for
the expungement from a nonprofit organization, or a public benefit corporation, that provides
services to low-income individuals seeking expungement.
(3) A court shall find an individual indigent if the individual's affidavit under
Subsection [
(2)
] 
(2)(a)
 demonstrates:
(a) the individual has an income level at or below 150% of the United States poverty
level as defined by the most recent poverty income guidelines published by the United States
Department of Health and Human Services;
(b) the individual receives benefits from a means-tested government program,
including Temporary Assistance to Needy Families, Supplemental Security Income, the
Supplemental Nutrition Assistance Program, or Medicaid;
(c) the individual receives legal services from a nonprofit provider or a pro bono
attorney through the Utah State Bar; or
(d) the individual has insufficient income or other means to pay the necessary fees and
costs or security without depriving the individual, or the individual's family, of food, shelter,
clothing, or other necessities.
(4) An affidavit demonstrating that an individual is indigent under Subsection (3)(d)
shall contain complete information on the individual's:
(a) identity and residence;
(b) amount of income, including any government financial support, alimony, or child
support;
(c) assets owned, including real and personal property;
(d) business interests;
(e) accounts receivable;
(f) securities, checking and savings account balances;
(g) debts; and
(h) monthly expenses.
(5) If the individual under Subsection (3) is a prisoner, the prisoner shall disclose the
amount of money held in the prisoner's trust account at the time the affidavit under Subsection
(2) is executed in accordance with Section 
78A-2-305
.
(6) An affidavit of indigency under this section shall state the following:
I, (insert name), do solemnly swear or affirm that due to my poverty I am unable to bear
the expenses of the action or legal proceedings which I am about to commence or the appeal
which I am about to take, and that I believe I am entitled to the relief sought by the action, legal
proceedings, or appeal.
140a 
Ŝ→ 
(7)
Ŝ→ [
If an individual is seeking a waiver of a filing fee for a petition for expungement under
140b 
Subsection (2)(b), the individual shall indicate on the signed petition that
] 
For a petition for
140b1 
expungement, the signed petition shall indicate whether
 ←Ŝ
the individual is
140c 
receiving services for the expungement from a nonprofit organization, or a public benefit
140d 
corporation, that provides services to low-income individuals seeking expungement.
 ←Ŝ
Section 3. 
Effective date.
This bill takes effect on May 1, 2024.