Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 41 (2025GS)

Sponsor

Sen. Grover, Keith

Final action

Governor Signed 3/25/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• recodifies the statutes applicable to the Sex, Kidnap, and Child Abuse Offender Registry;
• contains coordination clauses to coordinate technical changes between this bill, H.B. 21, Criminal Code Recodification and Cross References, and S.B. 24, Child Abuse and Torture Amendments; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

214
13-51-107
13-67-101
26B-2-120
41-3-205.5
41-3-209
42-1-1
53-3-205
53-3-216
53-3-804
53-3-806.5
53-3-807
53-10-214
53-10-403
53-10-404
53-29-101
53-29-102
53-29-201
53-29-202
53-29-203
53-29-204
53-29-205
53-29-206
53-29-207
53-29-301
53-29-302
53-29-303
53-29-304
53-29-305
77-27-21.7
77-27-21.8
53-29-401
53-29-402
53-29-403
53-29-404
53-29-405
57-8-3
57-8-8.1
57-8a-102
57-8a-218
63G-2-302
63G-7-301
76-1-201
76-1-202
76-3-402
76-5-401
76-5-401.1
76-5-401.3
76-9-702
76-9-702.1
76-9-702.5
77-2-2.3
77-11c-101
77-27-5.2
77-38-605
77-40a-303
77-40a-403
77-41-102
77-41-103
77-41-104
77-41-105
77-41-106
77-41-107
77-41-108
77-41-109
77-41-110
77-41-111
77-41-112
77-41-113
77-41-114
78A-2-301
78B-8-302
80-3-406
80-5-201
80-8-101
80-8-201
81-9-202
81-9-208
0
Sex, Kidnap, and Child Abuse Offender Registry Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Keith Grover
House Sponsor: Matthew H. Gwynn
LONG TITLE
General Description:
This bill amends provisions related to the Sex, Kidnap, and Child Abuse Offender Registry.
Highlighted Provisions:
This bill:
recodifies the statutes applicable to the Sex, Kidnap, and Child Abuse Offender Registry;
contains a coordination clause to coordinate technical changes between this bill and H.B. 
21, Criminal Code Recodification and Cross References; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides coordination clauses.
Utah Code Sections Affected:
AMENDS:
13-51-107
, as last amended by Laws of Utah 2024, Chapter 234
13-67-101
, as last amended by Laws of Utah 2024, Chapter 234
26B-2-120
, as last amended by Laws of Utah 2024, Chapter 234
41-3-205.5
, as last amended by Laws of Utah 2012, Chapter 145
41-3-209
, as last amended by Laws of Utah 2024, Chapter 251
42-1-1
, as last amended by Laws of Utah 2024, Chapter 296
53-3-205
, as last amended by Laws of Utah 2024, Chapters 116, 234
53-3-216
, as last amended by Laws of Utah 2024, Chapter 234
53-3-804
, as last amended by Laws of Utah 2024, Chapters 116, 234
53-3-806.5
, as last amended by Laws of Utah 2024, Chapter 234
53-3-807
, as last amended by Laws of Utah 2024, Chapter 234
53-10-214
, as enacted by Laws of Utah 2019, Chapter 406
53-10-403
, as last amended by Laws of Utah 2024, Chapters 96, 153, 187, and 256
53-10-404
, as last amended by Laws of Utah 2024, Chapter 234
57-8-3
, as last amended by Laws of Utah 2024, Chapter 519
57-8-8.1
, as last amended by Laws of Utah 2024, Chapters 115, 519
57-8a-102
, as last amended by Laws of Utah 2024, Chapter 519
57-8a-218
, as last amended by Laws of Utah 2024, Chapters 115, 519
63G-2-302
, as last amended by Laws of Utah 2024, Chapter 234
63G-7-301
, as last amended by Laws of Utah 2024, Chapter 234
76-1-201
, as last amended by Laws of Utah 2024, Chapter 234
76-1-202
, as last amended by Laws of Utah 2024, Chapter 234
76-3-402
, as last amended by Laws of Utah 2024, Chapter 234
76-5-401
, as last amended by Laws of Utah 2024, Chapter 234
76-5-401.1
, as last amended by Laws of Utah 2024, Chapter 234
76-5-401.3
, as last amended by Laws of Utah 2024, Chapter 234
76-9-702
, as last amended by Laws of Utah 2024, Chapter 234
76-9-702.1
, as last amended by Laws of Utah 2024, Chapter 234
76-9-702.5
, as last amended by Laws of Utah 2024, Chapter 205
77-2-2.3
, as last amended by Laws of Utah 2024, Chapter 234
77-11c-101
, as last amended by Laws of Utah 2024, Chapter 234
77-27-5.2
, as last amended by Laws of Utah 2024, Chapters 116, 234
77-38-605
, as last amended by Laws of Utah 2024, Chapter 234
77-40a-303
, as last amended by Laws of Utah 2024, Chapter 180
77-40a-403
, as last amended by Laws of Utah 2024, Chapter 180
78A-2-301
, as last amended by Laws of Utah 2024, Chapter 366
78B-8-302
, as last amended by Laws of Utah 2024, Chapter 234
80-3-406
, as last amended by Laws of Utah 2023, Chapter 320
80-5-201
, as last amended by Laws of Utah 2024, Chapters 116, 234
80-8-101
, as enacted by Laws of Utah 2024, Chapter 371
80-8-201
, as enacted by Laws of Utah 2024, Chapter 371
81-9-202
, as renumbered and amended by Laws of Utah 2024, Chapter 366
81-9-208
, as renumbered and amended by Laws of Utah 2024, Chapter 366
ENACTS:
53-29-101
, Utah Code Annotated 1953
53-29-102
, Utah Code Annotated 1953
53-29-201
, Utah Code Annotated 1953
53-29-202
, Utah Code Annotated 1953
53-29-203
, Utah Code Annotated 1953
53-29-204
, Utah Code Annotated 1953
53-29-205
, Utah Code Annotated 1953
53-29-206
, Utah Code Annotated 1953
53-29-207
, Utah Code Annotated 1953
53-29-301
, Utah Code Annotated 1953
53-29-302
, Utah Code Annotated 1953
53-29-303
, Utah Code Annotated 1953
53-29-304
, Utah Code Annotated 1953
53-29-305
, Utah Code Annotated 1953
53-29-401
, Utah Code Annotated 1953
53-29-402
, Utah Code Annotated 1953
53-29-403
, Utah Code Annotated 1953
53-29-404
, Utah Code Annotated 1953
53-29-405
, Utah Code Annotated 1953
RENUMBERS AND AMENDS:
53-29-306
, (Renumbered from 77-27-21.7, as last amended by Laws of Utah 2024, 
Chapters 116, 234)
53-29-307
, (Renumbered from 77-27-21.8, as last amended by Laws of Utah 2024, 
Chapter 234)
REPEALS:
77-41-102
, as last amended by Laws of Utah 2024, Chapter 234
77-41-103
, as last amended by Laws of Utah 2024, Chapters 116, 234
77-41-104
, as last amended by Laws of Utah 2023, Chapter 128
77-41-105
, as last amended by Laws of Utah 2024, Chapter 234
77-41-106
, as last amended by Laws of Utah 2024, Chapter 234
77-41-107
, as last amended by Laws of Utah 2024, Chapter 234
77-41-108
, as enacted by Laws of Utah 2012, Chapter 145
77-41-109
, as last amended by Laws of Utah 2024, Chapter 234
77-41-110
, as last amended by Laws of Utah 2024, Chapter 234
77-41-111
, as last amended by Laws of Utah 2023, Chapter 128
77-41-112
, as last amended by Laws of Utah 2024, Chapters 116, 234
77-41-113
, as last amended by Laws of Utah 2024, Chapter 234
77-41-114
, as last amended by Laws of Utah 2024, Chapter 234
Utah Code Sections Affected by Coordination Clause:
AMENDS:
53-29-204
, Utah Code Annotated 1953
76-9-702
, as last amended by Laws of Utah 2024, Chapter 234
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
13-51-107
 is amended to read:
13-51-107
. Driver requirements.
(1)
Before a transportation network company allows an individual to use the transportation 
network company's software application as a transportation network driver, the 
transportation network company shall:
(a)
require the individual to submit to the transportation network company:
(i)
the individual's name, address, and age;
(ii)
a copy of the individual's driver license, including the driver license number; and
(iii)
proof that the vehicle that the individual will use to provide transportation 
network services is registered with the Division of Motor Vehicles;
(b)
require the individual to consent to a criminal background check of the individual by 
the transportation network company or the transportation network company's 
designee; and
(c)
obtain and review a report that lists the individual's driving history.
(2)
A transportation company may not allow an individual to provide transportation 
network services as a transportation network driver if the individual:
(a)
has committed more than three moving violations in the three years before the day on 
which the individual applies to become a transportation network driver;
(b)
has been convicted, in the seven years before the day on which the individual applies 
to become a transportation network driver, of:
(i)
driving under the influence of alcohol or drugs;
(ii)
fraud;
(iii)
a sexual offense;
(iv)
a felony involving a motor vehicle;
(v)
a crime involving property damage;
(vi)
a crime involving theft;
(vii)
a crime of violence; or
(viii)
an act of terror;
(c)
is required to register as a sex offender, kidnap offender, or child abuse offender in 
accordance with 
Title 77, Chapter 41, Sex, Kidnap, and Child Abuse Offender 
Registry
Title 53, Chapter 29, Sex, Kidnap, and Child Abuse Offender Registry
;
(d)
does not have a valid Utah driver license; or
(e)
is not at least 18 years old.
(3)
(a)
A transportation network company shall prohibit a transportation network driver 
from accepting a request for a prearranged ride if the motor vehicle that the 
transportation network driver uses to provide transportation network services fails to 
comply with:
(i)
equipment standards described in Section 
41-6a-1601
; and
(ii)
emission requirements adopted by a county under Section 
41-6a-1642
.
(b)
(i)
If upon visual inspection, a defect relating to the equipment standards described 
in Section 
41-6a-1601
 can be reasonably identified, an airport operator may 
perform a safety inspection of a transportation network driver's vehicle operating 
within the airport to ensure compliance with equipment standards described in 
Section 
41-6a-1601
.
(ii)
An airport operator shall conduct all inspections under this Subsection (3) in such 
a manner to minimize impact to the transportation network driver's and 
transportation network company vehicle's availability to provide prearranged rides.
(4)
A transportation network driver, while providing transportation network services, shall 
carry proof, in physical or electronic form, that the transportation network driver is 
covered by insurance that satisfies the requirements of Section 
13-51-108
.
Section 2, Section 
13-67-101
 is amended to read:
13-67-101
. Definitions.
As used in this chapter:
(1)
"Banned member" means a member whose account or profile is the subject of a fraud 
ban.
(2)
"Criminal background screening" means a name search for an individual's criminal 
conviction and is conducted by searching:
(a)
available and regularly updated government public record databases that in the 
aggregate provide national coverage for criminal conviction records; or
(b)
a regularly updated database with national coverage of criminal conviction records 
and sexual offender registries maintained by a private vendor.
(3)
(a)
"Criminal conviction" means a conviction for a crime in this state, another state, 
or under federal law.
(b)
"Criminal conviction" includes an offense that would require registration under 
Title 
77, Chapter 41, Sex, Kidnap, and Child Abuse Offender Registry
Title 53, Chapter 
29, Sex, Kidnap, and Child Abuse Offender Registry
, or under a similar law in a 
different jurisdiction.
(4)
"Division" means the Division of Consumer Protection in the Department of Commerce.
(5)
"Fraud ban" means the expulsion of a member from an online dating service because, in 
the judgment of the online dating service provider, there is a significant risk the member 
will attempt to obtain money from another member through fraudulent means.
(6)
"Member" means an individual who submits to an online dating service provider the 
information required by the online dating service provider to access the online dating 
service provider's online dating service.
(7)
"Online dating service" means a product or service that is:
(a)
conducted through a website or a mobile application; and
(b)
primarily marketed and intended to offer a member access to dating or romantic 
relationships with another member by arranging or facilitating the social introduction 
of members.
(8)
"Online dating service provider" means a person 
predominately
predominantly
engaged in the business of offering an online dating service.
(9)
"Utah member" means a member who provides a Utah billing address or zip code when 
registering with an online dating service provider.
Section 3, Section 
26B-2-120
 is amended to read:
26B-2-120
. Background check -- Direct access to children or vulnerable adults.
(1)
As used in this section:
(a)
(i)
"Applicant" means an individual who is associated with a certification, 
contract, or licensee with the department under this part and has direct access, 
including:
(A)
an adoptive parent or prospective adoptive parent, including an applicant for 
an adoption in accordance with Section 
78B-6-128
;
(B)
a foster parent or prospective foster parent;
(C)
an individual who provides respite care to a foster parent or an adoptive parent 
on more than one occasion;
(D)
an individual who transports a child for a youth transportation company;
(E)
an individual who provides certified peer support, as defined in Section 
26B-5-610
;
(F)
an individual who provides peer supports, has a disability or a family member 
with a disability, or is in recovery from a mental illness or a substance use 
disorder;
(G)
an individual who has lived experience with the services provided by the 
department, and uses that lived experience to provide support, guidance, or 
services to promote resiliency and recovery;
(H)
an individual who is identified as a mental health professional, licensed under 
Title 58, Chapter 60, Mental Health Professional Practice Act, and engaged in 
the practice of mental health therapy, as defined in Section 
58-60-102
;
(I)
an individual, other than the child or vulnerable adult receiving the service, 
who is 12 years old or older and resides in a home, that is licensed or certified 
by the division;
(J)
an individual who is 12 years old or older and is associated with a certification, 
contract, or licensee with the department under this part and has or will likely 
have direct access;
(K)
a foster home licensee that submits an application for an annual background 
screening as required by Subsection 
26B-2-105(4)(d)(iii)
; or
(L)
a short-term relief care provider.
(ii)
"Applicant" does not include:
(A)
an individual who is in the custody of the Division of Child and Family 
Services or the Division of Juvenile Justice and Youth Services;
(B)
an individual who applies for employment with, or is employed by, the 
Department of Health and Human Services;
(C)
a parent of a person receiving services from the Division of Services for 
People with Disabilities, if the parent provides direct care to and resides with 
the person, including if the parent provides direct care to and resides with the 
person pursuant to a court order; or
(D)
an individual or a department contractor who provides services in an adults 
only substance use disorder program, as defined by rule adopted by the 
Department of Health and Human Services in accordance with Title 63G, 
Chapter 3, Utah Administrative Rulemaking Act, and who is not a program 
director or a member, as defined by Section 
26B-2-105
, of the program.
(b)
"Application" means a background check application to the office.
(c)
"Bureau" means the Bureau of Criminal Identification within the Department of 
Public Safety, created in Section 
53-10-201
.
(d)
"Criminal finding" means a record of:
(i)
an arrest for a criminal offense; 
(ii)
a warrant for a criminal arrest;
(iii)
charges for a criminal offense; or
(iv)
a criminal conviction.
(e)
"Direct access" means that an individual has, or likely will have:
(i)
contact with or access to a child or vulnerable adult by which the individual will 
have the opportunity for personal communication or touch with the child or 
vulnerable adult; or
(ii)
an opportunity to view medical, financial, or other confidential personal 
identifying information of the child, the child's parent or legal guardian, or the 
vulnerable adult.
(f)
(i)
"Direct access qualified" means that the applicant has an eligible determination 
by the office within the license and renewal time period; and
(ii)
no more than 180 days have passed since the date on which the applicant's 
association with a certification, contract, or licensee with the department expires.
(g)
"Incidental care" means occasional care, not in excess of five hours per week and 
never overnight, for a foster child. 
(h)
"Licensee" means an individual or a human services program licensed by the 
division.
(i)
"Non-criminal finding" means a record maintained in:
(i)
the Division of Child and Family Services' Management Information System 
described in Section 
80-2-1001
;
(ii)
the Division of Child and Family Services' Licensing Information System 
described in Section 
80-2-1002
;
(iii)
the Division of Aging and Adult Services' vulnerable adult abuse, neglect, or 
exploitation database described in Section 
26B-6-210
;
(iv)
juvenile court arrest, adjudication, and disposition records;
(v)
the Sex, Kidnap, and Child Abuse Offender Registry described in 
Title 77, 
Chapter 41, Sex, Kidnap, and Child Abuse Offender Registry
Title 53, Chapter 
29, Sex, Kidnap, and Child Abuse Offender Registry
, or a national sex offender 
registry; or
(vi)
a state child abuse or neglect registry.
(j)
"Office" means the Office of Background Processing within the department.
(k)
"Personal identifying information" means:
(i)
current name, former names, nicknames, and aliases;
(ii)
date of birth;
(iii)
physical address and email address;
(iv)
telephone number;
(v)
driver license or other government-issued identification;
(vi)
social security number;
(vii)
only for applicants who are 18 years old or older, fingerprints, in a form 
specified by the office; and
(viii)
other information specified by the office by rule made in accordance with Title 
63G, Chapter 3, Utah Administrative Rulemaking Act.
(2)
Except as provided in Subsection (12), an applicant or a representative shall submit the 
following to the office:
(a)
personal identifying information;
(b)
a fee established by the office under Section 
63J-1-504
;
(c)
a disclosure form, specified by the office, for consent for:
(i)
an initial background check upon association with a certification, contract, or 
licensee with the department;
(ii)
ongoing monitoring of fingerprints and registries until no longer associated with a 
certification, contract, or licensee with the department for 180 days;
(iii)
a background check when the office determines that reasonable cause exists; and
(iv)
retention of personal identifying information, including fingerprints, for 
monitoring and notification as described in Subsections (3)(c) and (4);
(d)
if an applicant resided outside of the United States and its territories during the five 
years immediately preceding the day on which the information described in 
Subsections (2)(a) through (c) is submitted to the office, documentation establishing 
whether the applicant was convicted of a crime during the time that the applicant 
resided outside of the United States or its territories; and
(e)
an application showing an applicant's association with a certification, contract, or a 
licensee with the department, for the purpose of the office tracking the direct access 
qualified status of the applicant, which expires 180 days after the date on which the 
applicant is no longer associated with a certification, contract, or a licensee with the 
department.
(3)
The office:
(a)
shall perform the following duties as part of a background check of an applicant 
before the office grants or denies direct access qualified status to an applicant:
(i)
check state and regional criminal background databases for the applicant's 
criminal history by:
(A)
submitting personal identifying information to the bureau for a search; or
(B)
using the applicant's personal identifying information to search state and 
regional criminal background databases as authorized under Section 
53-10-108
;
(ii)
submit the applicant's personal identifying information and fingerprints to the 
bureau for a criminal history search of applicable national criminal background 
databases;
(iii)
search the Division of Child and Family Services' Licensing Information System 
described in Section 
80-2-1002
;
(iv)
search the Sex, Kidnap, and Child Abuse Offender Registry described in 
Title 
77, Chapter 41, Sex, Kidnap, and Child Abuse Offender Registry
Title 53, 
Chapter 29, Sex, Kidnap, and Child Abuse Offender Registry
, or a national sex 
offender registry for an applicant 18 years old or older;
(v)
if the applicant is associated with a licensee for a prospective foster or adoptive 
parent, search the Division of Child and Family Services' Management 
Information System described in Section 
80-2-1001
;
(vi)
search the Division of Aging and Adult Services' vulnerable adult abuse, neglect, 
or exploitation database described in Section 
26B-6-210
;
(vii)
search the juvenile court records for substantiated findings of severe child abuse 
or neglect described in Section 
80-3-404
; and
(viii)
search the juvenile court arrest, adjudication, and disposition records, as 
provided under Section 
78A-6-209
;
(b)
may conduct all or portions of a background check in connection with determining 
whether an applicant is direct access qualified, as provided by rule, made by the 
office in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
(i)
for an annual renewal; or
(ii)
when the office determines that reasonable cause exists;
(c)
may submit an applicant's personal identifying information, including fingerprints, to 
the bureau for checking, retaining, and monitoring of state and national criminal 
background databases and for notifying the office of new criminal activity associated 
with the applicant;
(d)
shall track the status of an applicant under this section to ensure that the applicant is 
not required to duplicate the submission of the applicant's fingerprints if the applicant 
is associated with more than one certification, contract, or licensee with the 
department;
(e)
shall notify the bureau when a direct access qualified individual has not been 
associated with a certification, contract, or licensee with the department for a period 
of 180 days;
(f)
shall adopt measures to strictly limit access to personal identifying information solely 
to the individuals responsible for processing and entering the applications for 
background checks and to protect the security of the personal identifying information 
the office reviews under this Subsection (3);
(g)
as necessary to comply with the federal requirement to check a state's child abuse 
and neglect registry regarding any applicant working in a congregate care program, 
shall:
(i)
search the Division of Child and Family Services' Licensing Information System 
described in Section 
80-2-1002
; and
(ii)
require the child abuse and neglect registry be checked in each state where an 
applicant resided at any time during the five years immediately preceding the day 
on which the application is submitted to the office; and
(h)
shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative 
Rulemaking Act, to implement the provisions of this Subsection (3) relating to 
background checks.
(4)
(a)
With the personal identifying information the office submits to the bureau under 
Subsection (3), the bureau shall check against state and regional criminal background 
databases for the applicant's criminal history.
(b)
With the personal identifying information and fingerprints the office submits to the 
bureau under Subsection (3), the bureau shall check against national criminal 
background databases for the applicant's criminal history.
(c)
Upon direction from the office, and with the personal identifying information and 
fingerprints the office submits to the bureau under Subsection (3)(c), the bureau shall:
(i)
maintain a separate file of the fingerprints for search by future submissions to the 
local and regional criminal records databases, including latent prints; and
(ii)
monitor state and regional criminal background databases and identify criminal 
activity associated with the applicant.
(d)
The bureau is authorized to submit the fingerprints to the Federal Bureau of 
Investigation Next Generation Identification System, to be retained in the Federal 
Bureau of Investigation Next Generation Identification System for the purpose of:
(i)
being searched by future submissions to the national criminal records databases, 
including the Federal Bureau of Investigation Next Generation Identification 
System and latent prints; and
(ii)
monitoring national criminal background databases and identifying criminal 
activity associated with the applicant.
(e)
The 
Bureau
bureau
 shall notify and release to the office all information of criminal 
activity associated with the applicant.
(f)
Upon notice that an individual who has direct access qualified status will no longer 
be associated with a certification, contract, or licensee with the department, the 
bureau shall:
(i)
discard and destroy any retained fingerprints; and
(ii)
notify the Federal Bureau of Investigation when the license has expired or an 
individual's direct access to a child or a vulnerable adult has ceased, so that the 
Federal Bureau of Investigation will discard and destroy the retained fingerprints 
from the Federal Bureau of Investigation Next Generation Identification System.
(5)
(a)
Except as provided in Subsection (5)(b), the office shall deny direct access 
qualified status to an applicant who, within three years from the date on which the 
office conducts the background check, was convicted of:
(i)
a felony or misdemeanor involving conduct that constitutes any of the following:
(A)
an offense identified as domestic violence, lewdness, voyeurism, battery, 
cruelty to animals, or bestiality;
(B)
a violation of any pornography law, including sexual exploitation of a minor 
or aggravated sexual exploitation of a minor;
(C)
sexual solicitation or prostitution;
(D)
a violent offense committed in the presence of a child, as described in Section 
76-3-203.10
;
(E)
an offense included in Title 76, Chapter 4, Part 4, Enticement of a Minor;
(F)
an offense included in Title 76, Chapter 5, Offenses Against the Individual;
(G)
an offense included in Title 76, Chapter 5b, Sexual Exploitation Act;
(H)
an offense included in Title 76, Chapter 7, Offenses Against the Family;
(I)
an offense included in Title 76, Chapter 9, Part 4, Offenses Against Privacy;
(J)
an offense included in Title 76, Chapter 10, Part 4, Weapons of Mass 
Destruction;
(K)
an offense included in Title 78B, Chapter 7, Protective Orders and Stalking 
Injunctions;
(L)
aggravated arson, as described in Section 
76-6-103
;
(M)
aggravated burglary, as described in Section 
76-6-203
;
(N)
aggravated exploitation of prostitution, as described in Section 
76-10-1306
;
(O)
aggravated robbery, as described in Section 
76-6-302
;
(P)
endangering persons in a human services program, as described in Section 
26B-2-113
;
(Q)
failure to report, as described in Section 
80-2-609
;
(R)
identity fraud crime, as described in Section 
76-6-1102
;
(S)
leaving a child unattended in a motor vehicle, as described in Section 
76-10-2202
;
(T)
riot, as described in Section 
76-9-101
;
(U)
sexual battery, as described in Section 
76-9-702.1
; or
(V)
threatening with or using a dangerous weapon in a fight or quarrel, as 
described in Section 
76-10-506
; or
(ii)
a felony or misdemeanor offense committed outside of the state that, if committed 
in the state, would constitute a violation of an offense described in Subsection 
(5)(a)(i).
(b)
(i)
Subsection (5)(a) does not apply to an applicant who is seeking a position as a 
peer support provider or a mental health professional, if the applicant provides 
services in a program that serves only adults with a primary mental health 
diagnosis, with or without a co-occurring substance use disorder.
(ii)
The office shall conduct a comprehensive review of an applicant described in 
Subsection (5)(b)(i) in accordance with Subsection (7).
(c)
The office shall deny direct access qualified status to an applicant if the office finds 
that a court order prohibits the applicant from having direct access to a child or 
vulnerable adult.
(6)
The office shall conduct a comprehensive review of an applicant's background check if 
the applicant:
(a)
has a felony or class A misdemeanor conviction that is more than three years from 
the date on which the office conducts the background check, for an offense described 
in Subsection 
(5)(a)
;
(b)
has a felony charge or conviction that is no more than 10 years from the date on 
which the office conducts the background check for an offense not described in 
Subsection (5)(a);
(c)
has a felony charge or conviction that is more than 10 years from the date on which 
the office conducts the background check, for an offense not described in Subsection 
(5)(a)
, with criminal or non-criminal findings after the date of the felony charge or 
conviction;
(d)
has a class B misdemeanor or class C misdemeanor conviction that is more than 
three years and no more than 10 years from the date on which the office conducts the 
background check for an offense described in Subsection 
(5)(a)
;
(e)
has a class B misdemeanor or class C misdemeanor conviction that is more than 10 
years from the date on which the office conducts the background check, for an 
offense described in Subsection 
(5)(a)
, with criminal or non-criminal findings after 
the date of conviction;
(f)
has a misdemeanor charge or conviction that is no more than three years from the 
date on which the office conducts the background check for an offense not described 
in Subsection (5)(a);
(g)
has a misdemeanor charge or conviction that is more than three years from the date 
on which the office conducts the background check, for an offense not described in 
Subsection 
(5)
(a), with criminal or non-criminal findings after the date of charge or 
conviction;
(h)
is currently subject to a plea in abeyance or diversion agreement for an offense 
described in Subsection (5)(a);
(i)
appears on the Sex, Kidnap, and Child Abuse Offender Registry described in 
Title 
77, Chapter 41, Sex, Kidnap, and Child Abuse Offender Registry
Title 53, Chapter 
29, Sex, Kidnap, and Child Abuse Offender Registry
, or a national sex offender 
registry;
(j)
has a record of an adjudication in juvenile court for an act that, if committed by an 
adult, would be a felony or misdemeanor, if the applicant is:
(i)
under 28 years old; or
(ii)
28 years old or older and has been convicted of, has pleaded no contest to, or is 
currently subject to a plea in abeyance or diversion agreement for a felony or a 
misdemeanor offense described in Subsection (5)(a);
(k)
has a pending charge for an offense described in Subsection (5)(a);
(l)
has a listing that occurred no more than 15 years from the date on which the office 
conducts the background check in the Division of Child and Family Services' 
Licensing Information System described in Section 
80-2-1002
;
(m)
has a listing that occurred more than 15 years from the date on which the office 
conducts the background check in the Division of Child and Family Services' 
Licensing Information System described in Section 
80-2-1002
, with criminal or 
non-criminal findings after the date of the listing;
(n)
has a listing that occurred no more than 15 years from the date on which the office 
conducts the background check in the Division of Aging and Adult Services' 
vulnerable adult abuse, neglect, or exploitation database described in Section 
26B-6-210
;
(o)
has a listing that occurred more than 15 years from the date on which the office 
conducts the background check in the Division of Aging and Adult Services' 
vulnerable adult abuse, neglect, or exploitation database described in Section 
26B-6-210
, with criminal or non-criminal findings after the date of the listing;
(p)
has a substantiated finding that occurred no more than 15 years from the date on 
which the office conducts the background check of severe child abuse or neglect 
under Section 
80-3-404
 or 
80-3-504
; or
(q)
has a substantiated finding that occurred more than 15 years from the date on which 
the office conducts the background check of severe child abuse or neglect under 
Section 
80-3-404
 or 
80-3-504
, with criminal or non-criminal findings after the date of 
the listing.
(7)
(a)
The comprehensive review shall include an examination of:
(i)
the date of the offense or incident;
(ii)
the nature and seriousness of the offense or incident;
(iii)
the circumstances under which the offense or incident occurred;
(iv)
the age of the perpetrator when the offense or incident occurred;
(v)
whether the offense or incident was an isolated or repeated incident;
(vi)
whether the offense or incident directly relates to abuse of a child or vulnerable 
adult, including:
(A)
actual or threatened, nonaccidental physical, mental, or financial harm;
(B)
sexual abuse;
(C)
sexual exploitation; or
(D)
negligent treatment;
(vii)
any evidence provided by the applicant of rehabilitation, counseling, psychiatric 
treatment received, or additional academic or vocational schooling completed;
(viii)
the applicant's risk of harm to clientele in the program or in the capacity for 
which the applicant is applying; and
(ix)
if the background check of an applicant is being conducted for the purpose of 
giving direct access qualified status to an applicant seeking a position in a 
congregate care program or to become a prospective foster or adoptive parent, any 
listing in the Division of Child and Family Services' Management Information 
System described in Section 
80-2-1001
.
(b)
At the conclusion of the comprehensive review, the office shall deny direct access 
qualified status to an applicant if the office finds the approval would likely create a 
risk of harm to a child or vulnerable adult.
(8)
The office shall grant direct access qualified status to an applicant who is not denied 
under this section.
(9)
(a)
The office may conditionally grant direct access qualified status to an applicant, 
for a maximum of 60 days after the day on which the office sends written notice, 
without requiring that the applicant be directly supervised, if the office:
(i)
is awaiting the results of the criminal history search of national criminal 
background databases; and
(ii)
would otherwise grant direct access qualified status to the applicant under this 
section.
(b)
The office may conditionally grant direct access qualified status to an applicant, for a 
maximum of one year after the day on which the office sends written notice, without 
requiring that the applicant be directly supervised if the office:
(i)
is awaiting the results of an out-of-state registry for providers other than foster and 
adoptive parents; and
(ii)
would otherwise grant direct access qualified status to the applicant under this 
section.
(c)
Upon receiving the results of the criminal history search of a national criminal 
background database, the office shall grant or deny direct access qualified status to 
the applicant in accordance with this section.
(10)
(a)
Each time an applicant is associated with a licensee, the department shall review 
the current status of the applicant's background check to ensure the applicant is still 
eligible for direct access qualified status in accordance with this section.
(b)
A licensee may not permit an individual to have direct access to a child or a 
vulnerable adult without being directly supervised unless:
(i)
the individual is the parent or guardian of the child, or the guardian of the 
vulnerable adult;
(ii)
the individual is approved by the parent or guardian of the child, or the guardian 
of the vulnerable adult, to have direct access to the child or the vulnerable adult;
(iii)
the individual is only permitted to have direct access to a vulnerable adult who 
voluntarily invites the individual to visit; or
(iv)
the individual only provides incidental care for a foster child on behalf of a foster 
parent who has used reasonable and prudent judgment to select the individual to 
provide the incidental care for the foster child. 
(c)
Notwithstanding any other provision of this section, an applicant who is denied direct 
access qualified status shall not have direct access to a child or vulnerable adult 
unless the office grants direct access qualified status to the applicant through a 
subsequent application in accordance with this section.
(11)
If the office denies direct access qualified status to an applicant, the applicant may 
request a hearing in the department's Office of Administrative Hearings to challenge the 
office's decision.
(12)
(a)
This Subsection 
(12)
 applies to an applicant associated with a certification, 
contract, or licensee serving adults only.
(b)
A program director or a member, as defined in Section 
26B-2-105
, of the licensee 
shall comply with this section.
(c)
The office shall conduct a comprehensive review for an applicant if:
(i)
the applicant is seeking a position:
(A)
as a peer support provider;
(B)
as a mental health professional; or
(C)
in a program that serves only adults with a primary mental health diagnosis, 
with or without a co-occurring substance use disorder; and
(ii)
within three years from the date on which the office conducts the background 
check, the applicant has a felony or misdemeanor charge or conviction or a 
non-criminal finding.
(13)
(a)
This Subsection 
(13)
 applies to an applicant seeking a position in a congregate 
care program, an applicant seeking to provide a prospective foster home, an applicant 
seeking to provide a prospective adoptive home, and each adult living in the home of 
the prospective foster or prospective adoptive home.
(b)
As federally required, the office shall:
(i)
check the child abuse and neglect registry in each state where each applicant 
resided in the five years immediately preceding the day on which the applicant 
applied to be a foster or adoptive parent, to determine whether the prospective 
foster or adoptive parent is listed in the registry as having a substantiated or 
supported finding of child abuse or neglect; and
(ii)
except for applicants seeking a position in a congregate care program, check the 
child abuse and neglect registry in each state where each adult living in the home 
of the prospective foster or adoptive home resided in the five years immediately 
preceding the day on which the applicant applied to be a foster 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.
(c)
The requirements described in Subsection (13)(b) do not apply to the extent that:
(i)
federal law or rule permits otherwise; or
(ii)
the requirements would prohibit the Division of Child and Family Services or a 
court from placing a child with:
(A)
a noncustodial parent under Section 
80-2a-301
, 
80-3-302
, or 
80-3-303
; or
(B)
a relative, other than a noncustodial parent, under Section 
80-2a-301
, 
80-3-302
, 
or 
80-3-303
, pending completion of the background check described in 
Subsections (5), (6), and (7).
(d)
Notwithstanding Subsections (5) through (10), the office shall deny direct access 
qualified status if the applicant has been convicted of:
(i)
a felony involving conduct that constitutes any of the following:
(A)
child abuse, as described in Sections 
76-5-109
, 
76-5-109.2
, and 
76-5-109.3
;
(B)
commission of domestic violence in the presence of a child, as described in 
Section 
76-5-114
;
(C)
abuse or neglect of a child with a disability, as described in Section 
76-5-110
;
(D)
intentional aggravated abuse of a vulnerable adult, as described in Section 
76-5-111
;
(E)
endangerment of a child or vulnerable adult, as described in Section 
76-5-112.5
;
(F)
aggravated murder, as described in Section 
76-5-202
;
(G)
murder, as described in Section 
76-5-203
;
(H)
manslaughter, as described in Section 
76-5-205
;
(I)
child abuse homicide, as described in Section 
76-5-208
;
(J)
homicide by assault, as described in Section 
76-5-209
;
(K)
kidnapping, as described in Section 
76-5-301
;
(L)
child kidnapping, as described in Section 
76-5-301.1
;
(M)
aggravated kidnapping, as described in Section 
76-5-302
;
(N)
human trafficking of a child, as described in Section 
76-5-308.5
;
(O)
an offense described in Title 76, Chapter 5, Part 4, Sexual Offenses;
(P)
sexual exploitation of a minor, as described in Title 76, Chapter 5b, Sexual 
Exploitation Act;
(Q)
aggravated exploitation of a minor, as described in Section 
76-5b-201.1
;
(R)
aggravated arson, as described in Section 
76-6-103
;
(S)
aggravated burglary, as described in Section 
76-6-203
;
(T)
aggravated robbery, as described in Section 
76-6-302
;
(U)
lewdness involving a child, as described in Section 
76-9-702.5
;
(V)
incest, as described in Section 
76-7-102
; or
(W)
domestic violence, as described in Section 
77-36-1
; or
(ii)
an offense committed outside the state that, if committed in the state, would 
constitute a violation of an offense described in Subsection (13)(d)(i).
(e)
Notwithstanding Subsections (5) through (10), the office shall deny direct access 
qualified status to an applicant if, within the five years from the date on which the 
office conducts the background check, the applicant was convicted of a felony 
involving conduct that constitutes a violation of any of the following:
(i)
aggravated assault, as described in Section 
76-5-103
;
(ii)
aggravated assault by a prisoner, as described in Section 
76-5-103.5
;
(iii)
mayhem, as described in Section 
76-5-105
;
(iv)
an offense described in Title 58, Chapter 37, Utah Controlled Substances Act;
(v)
an offense described in Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
(vi)
an offense described in Title 58, Chapter 37b, Imitation Controlled Substances 
Act;
(vii)
an offense described in Title 58, Chapter 37c, Utah Controlled Substance 
Precursor Act; or
(viii)
an offense described in Title 58, Chapter 37d, Clandestine Drug Lab Act.
(f)
In addition to the circumstances described in Subsection (6), the office shall conduct 
a comprehensive review of an applicant's background check under this section if the 
applicant:
(i)
has an offense described in Subsection 
(5)(a)
;
(ii)
has an infraction conviction entered on a date that is no more than three years 
before the date on which the office conducts the background check;
(iii)
has a listing in the Division of Child and Family Services' Licensing Information 
System described in Section 
80-2-1002
;
(iv)
has a listing in the Division of Aging and Adult Services' vulnerable adult, 
neglect, or exploitation database described in Section 
26B-2-210
;
(v)
has a substantiated finding of severe child abuse or neglect under Section 
80-3-404
 or 
80-3-504
; or
(vi)
has a listing on the registry check described in Subsection 
(13)(b)
 as having a 
substantiated or supported finding of a severe type of child abuse or neglect, as 
defined in Section 
80-1-102
.
(14)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the 
office may make rules, consistent with this part, to:
(a)
establish procedures for, and information to be examined in, the comprehensive 
review described in Subsections (6), (7), and (13); and
(b)
determine whether to consider an offense or incident that occurred while an 
individual was in the custody of the Division of Child and Family Services or the 
Division of Juvenile Justice and Youth Services for purposes of granting or denying 
direct access qualified status to an applicant.
Section 4, Section 
41-3-205.5
 is amended to read:
41-3-205.5
. Licenses -- Criminal background check required on salesperson's 
licenses -- Payment of cost.
(1)
(a)
Every applicant for a salesperson's license shall submit fingerprints with a 
completed application to the division.
(b)
A person
An individual
 required to renew a salesperson license on or before June 
30, 2010, shall submit fingerprints to the division on or before November 30, 2010.
(2)
The division shall submit fingerprints for each applicant described in Subsection 
(1)
 to 
the Bureau of Criminal Identification established in Section 
53-10-201
.
(3)
The Bureau of Criminal Identification shall:
(a)
check the information submitted by the division for an applicant under Subsection 
(2)
against the applicable state and regional criminal records databases; and
(b)
release to the division all information obtained under Subsection 
(3)(a)
 relating to the 
applicant.
(4)
(a)
The Bureau of Criminal Identification shall maintain a separate file of fingerprints 
submitted under Subsection 
(2)
 and notify the division when a new entry is made in 
the applicable state and regional database against 
a person
an individual
 whose 
fingerprints are held in the file regarding any matter involving an arrest under state 
law involving:
(i)
motor vehicles;
(ii)
controlled substances;
(iii)
fraud; or
(iv)
a registerable sex offense under Section 
77-41-106
.
(iv)
an offense that would result in the individual being a sex offender under 
Subsection 
53-29-202(2)(b)
 and required to register for the individual's lifetime 
under Subsection 
53-29-203(1)(b)
.
(b)
Upon request by the division, the Bureau of Criminal Identification shall inform the 
division whether a person whose arrest was reported to the division under Subsection 
(4)(a)
 was subsequently convicted of the charge for which the person was arrested.
(5)
In addition to any fees imposed under this chapter, the division shall:
(a)
impose on individuals submitting fingerprints in accordance with this section the fees 
that the Bureau of Criminal Identification is authorized to collect for the services the 
Bureau of Criminal Identification provides under Subsections 
(3)
 and 
(4)
; and
(b)
remit the fees collected under Subsection 
(5)(a)
 to the Bureau of Criminal 
Identification.
(6)
The division shall use information received from the Bureau of Criminal Identification 
under this section to determine whether a license should be denied, suspended, or 
revoked under Section 
41-3-209
.
Section 5, Section 
41-3-209
 is amended to read:
41-3-209
. Administrator's findings -- Suspension and revocation of license.
(1)
If the administrator finds that an applicant is not qualified to receive a license, a license 
may not be granted.
(2)
(a)
If the administrator finds that there is reasonable cause to deny, suspend, or 
revoke a license issued under this chapter, the administrator shall deny, suspend, or 
revoke the license.
(b)
Reasonable cause for denial, suspension, or revocation of a license includes, in 
relation to the applicant or license holder or any of the applicant or license holder's 
partners, officers, or directors:
(i)
lack of a principal place of business or authorized service center as required by 
this chapter;
(ii)
lack of a sales tax license required under Title 59, Chapter 12, Sales and Use Tax 
Act;
(iii)
lack of a bond in effect as required by this chapter;
(iv)
current revocation or suspension of a dealer, dismantler, auction, or salesperson 
license issued in another state;
(v)
nonpayment of required fees;
(vi)
making a false statement on any application for a license under this chapter or for 
a special license plate;
(vii)
a violation of any state or federal law involving motor vehicles;
(viii)
a violation of any state or federal law involving controlled substances;
(ix)
charges filed with any county attorney, district attorney, or U.S. attorney in any 
court of competent jurisdiction for a violation of any state or federal law involving 
motor vehicles;
(x)
a violation of any state or federal law involving fraud;
(xi)
a violation of any state or federal law involving 
a registerable sex offense under 
Section 
77-41-106
an offense that would result in the individual being a sex 
offender under Subsection 
53-29-202(2)(b)
 and required to register for the 
individual's lifetime under Subsection 
53-29-203(1)(b)
;
(xii)
having had a license issued under this chapter revoked within five years from 
the date of application; or
(xiii)
failure to comply with any applicable qualification or requirement imposed 
under this chapter.
(c)
Any action taken by the administrator under Subsection (2)(b)(ix) shall remain in 
effect until a final resolution is reached by the court involved or the charges are 
dropped.
(3)
If the administrator finds that an applicant is not qualified to receive a license under this 
section, the administrator shall provide the applicant written notice of the reason for the 
denial.
(4)
If the administrator finds that the license holder has been convicted by a court of 
competent jurisdiction of violating any of the provisions of this chapter or any rules 
made by the administrator, or finds other reasonable cause, the administrator may, by 
complying with the emergency procedures of Title 63G, Chapter 4, Administrative 
Procedures Act:
(a)
suspend the license on terms and for a period of time the administrator finds 
reasonable; or
(b)
revoke the license.
(5)
(a)
After suspending or revoking a license, the administrator may take reasonable 
action to:
(i)
notify the public that the licensee is no longer in business; and
(ii)
prevent the former licensee from violating the law by conducting business 
without a license.
(b)
Action under Subsection (5)(a) may include signs, banners, barriers, locks, bulletins, 
and notices.
(c)
Any business being conducted incidental to the business for which the former 
licensee was licensed may continue to operate subject to the preventive action taken 
under this subsection.
Section 6, Section 
42-1-1
 is amended to read:
42-1-1
. By petition to district court -- Contents.
(1)
Any natural person, desiring to change the natural person's name, may file a petition in 
the district court of the county where the natural person resides, setting forth:
(a)
the cause for which the change of name is sought;
(b)
the name proposed; and
(c)
that the natural person has been a bona fide resident of the county for the year 
immediately prior to the filing of the petition.
(2)
(a)
A natural person petitioning for a name change under this section shall indicate on 
the petition whether the individual is 
registered with the state's Sex and Kidnap 
Offender Registry
required to register under Title 53, Chapter 29, Sex, Kidnap, and 
Child Abuse Offender Registry
.
(b)
The court may request additional information from a natural person who is 
registered with the state's Sex and Kidnap Offender Registry
required to register 
under Title 53, Chapter 29, Sex, Kidnap, and Child Abuse Offender Registry,
 to 
make the determination described in Subsection 
77-41-105
(8)
53-29-303(3)
.
(3)
The provisions of Title 76, Chapter 8, Part 5, Falsification in Official Matters, apply to 
this section when applicable.
Section 7, Section 
53-3-205
 is amended to read:
53-3-205
. Application for license or endorsement -- Fee required -- Tests -- 
Expiration dates of licenses and endorsements -- Information required -- Previous 
licenses surrendered -- Driving record transferred from other states -- Reinstatement -- 
Fee required -- License agreement.
(1)
An application for an original license, provisional license, or endorsement shall be:
(a)
made upon a form furnished by the division; and
(b)
accompanied by a nonrefundable fee set under Section 
53-3-105
.
(2)
An application and fee for an original provisional class D license or an original class D 
license entitle the applicant to:
(a)
not more than three attempts to pass both the knowledge and the skills tests for a 
class D license within six months after the date of the application;
(b)
a learner permit if needed pending completion of the application and testing process; 
and
(c)
an original class D license and license certificate after all tests are passed and 
requirements are completed.
(3)
An application and fee for a motorcycle or taxicab endorsement entitle the applicant to:
(a)
not more than three attempts to pass both the knowledge and skills tests within six 
months after the date of the application;
(b)
a motorcycle learner permit after the motorcycle knowledge test is passed; and
(c)
a motorcycle or taxicab endorsement when all tests are passed.
(4)
An application for a commercial class A, B, or C license entitles the applicant to:
(a)
not more than two attempts to pass a knowledge test when accompanied by the fee 
provided in Subsection 
53-3-105
(18);
(b)
not more than two attempts to pass a skills test when accompanied by a fee in 
Subsection 
53-3-105
(19) within six months after the date of application;
(c)
both a commercial driver instruction permit and a temporary license permit for the 
license class held before the applicant submits the application if needed after the 
knowledge test is passed; and
(d)
an original commercial class A, B, or C license and license certificate when all 
applicable tests are passed.
(5)
An application and fee for a CDL endorsement entitle the applicant to:
(a)
not more than two attempts to pass a knowledge test and not more than two attempts 
to pass a skills test within six months after the date of the application; and
(b)
a CDL endorsement when all tests are passed.
(6)
(a)
If a CDL applicant does not pass a knowledge test, skills test, or an endorsement 
test within the number of attempts provided in Subsection (4) or (5), each test may be 
taken two additional times within the six months for the fee provided in Section 
53-3-105
.
(b)
(i)
An out-of-state resident who holds a valid CDIP issued by a state or 
jurisdiction that is compliant with 49 C.F.R. Part 383 may take a skills test 
administered by the division if the out-of-state resident pays the fee provided in 
Subsection 
53-3-105
(19).
(ii)
The division shall:
(A)
electronically transmit skills test results for an out-of-state resident to the 
licensing agency in the state or jurisdiction in which the out-of-state resident 
has obtained a valid CDIP; and
(B)
provide the out-of-state resident with documentary evidence upon successful 
completion of the skills test.
(7)
(a)
(i)
Except as provided under Subsections (7)(a)(ii), (f), and (g), an original class 
D license expires on the birth date of the applicant in the eighth year after the year 
the license certificate was issued.
(ii)
An original provisional class D license expires on the birth date of the applicant 
in the fifth year following the year the license certificate was issued.
(iii)
Except as provided in Subsection (7)(f), a limited term class D license expires on 
the birth date of the applicant in the fifth year the license certificate was issued.
(b)
Except as provided under Subsections (7)(f) and (g), a renewal or an extension to a 
license expires on the birth date of the licensee in the eighth year after the expiration 
date of the license certificate renewed or extended.
(c)
Except as provided under Subsections (7)(f) and (g), a duplicate license expires on 
the same date as the last license certificate issued.
(d)
An endorsement to a license expires on the same date as the license certificate 
regardless of the date the endorsement was granted.
(e)
(i)
A regular license certificate and an endorsement to the regular license 
certificate held by an individual described in Subsection (7)(e)(ii), that expires 
during the time period the individual is stationed outside of the state, is valid until 
90 days after the individual's orders are terminated, the individual is discharged, or 
the individual's assignment is changed or terminated, unless:
(A)
the license is suspended, disqualified, denied, or has been cancelled or 
revoked by the division; or
(B)
the licensee updates the information or photograph on the license certificate.
(ii)
The provisions in Subsection (7)(e)(i) apply to an individual:
(A)
ordered to active duty and stationed outside of Utah in any of the armed forces 
of the United States;
(B)
who is an immediate family member or dependent of an individual described 
in Subsection (7)(e)(ii)(A) and is residing outside of Utah;
(C)
who is a civilian employee of the United States State Department or United 
States Department of Defense and is stationed outside of the United States; or
(D)
who is an immediate family member or dependent of an individual described 
in Subsection (7)(e)(ii)(C) and is residing outside of the United States.
(f)
(i)
Except as provided in Subsection (7)(f)(ii), a limited-term license certificate or 
a renewal to a limited-term license certificate expires:
(A)
on the expiration date of the period of time of the individual's authorized stay 
in the United States or on the date provided under this Subsection (7), 
whichever is sooner; or
(B)
on the date of issuance in the first year following the year that the limited-term 
license certificate was issued if there is no definite end to the individual's 
period of authorized stay.
(ii)
A limited-term license certificate or a renewal to a limited-term license certificate 
issued to an approved asylee or a refugee expires on the birth date of the applicant 
in the fifth year following the year that the limited-term license certificate was 
issued.
(g)
A driving privilege card issued or renewed under Section 
53-3-207
 expires on the 
birth date of the applicant in the first year following the year that the driving privilege 
card was issued or renewed.
(8)
(a)
In addition to the information required by Title 63G, Chapter 4, Administrative 
Procedures Act, for requests for agency action, an applicant shall:
(i)
provide:
(A)
the applicant's full legal name;
(B)
the applicant's birth date;
(C)
the applicant's sex;
(D)
(I)
documentary evidence of the applicant's valid social security number;
(II)
written proof that the applicant is ineligible to receive a social security 
number;
(III)
the applicant's temporary identification number (ITIN) issued by the 
Internal Revenue Service for an individual who:
(Aa)
does not qualify for a social security number; and
(Bb)
is applying for a driving privilege card; or
(IV)
other documentary evidence approved by the division;
(E)
the applicant's Utah residence address as documented by a form or forms 
acceptable under rules made by the division under Section 
53-3-104
, unless the 
application is for a temporary CDL issued under Subsection 
53-3-407
(2)(b); 
and
(F)
fingerprints, or a fingerprint confirmation form described in Subsection 
53-3-205.5
(1)(a)(ii), and a photograph in accordance with Section 
53-3-205.5
if the applicant is applying for a driving privilege card;
(ii)
provide evidence of the applicant's lawful presence in the United States by 
providing documentary evidence:
(A)
that the applicant is:
(I)
a United States citizen;
(II)
a United States national; or
(III)
a legal permanent resident alien; or
(B)
of the applicant's:
(I)
unexpired immigrant or nonimmigrant visa status for admission into the 
United States;
(II)
pending or approved application for asylum in the United States;
(III)
admission into the United States as a refugee;
(IV)
pending or approved application for temporary protected status in the 
United States;
(V)
approved deferred action status;
(VI)
pending application for adjustment of status to legal permanent resident or 
conditional resident; or
(VII)
conditional permanent resident alien status;
(iii)
provide a description of the applicant;
(iv)
state whether the applicant has previously been licensed to drive a motor vehicle 
and, if so, when and by what state or country;
(v)
state whether the applicant has ever had a license suspended, cancelled, revoked, 
disqualified, or denied in the last 10 years, or whether the applicant has ever had a 
license application refused, and if so, the date of and reason for the suspension, 
cancellation, revocation, disqualification, denial, or refusal;
(vi)
state whether the applicant intends to make an anatomical gift under Title 26B, 
Chapter 8, Part 3, Revised Uniform Anatomical Gift Act, in compliance with 
Subsection (15);
(vii)
state whether the applicant is required to register as a sex offender, kidnap 
offender, or child abuse offender, in accordance with 
Title 77, Chapter 41, Sex, 
Kidnap, and Child Abuse Offender Registry
Title 53, Chapter 29, Sex, Kidnap, 
and Child Abuse Offender Registry
;
(viii)
state whether the applicant is a veteran of the United States military, provide 
verification that the applicant was granted an honorable or general discharge from 
the United States Armed Forces, and state whether the applicant does or does not 
authorize sharing the information with the Department of Veterans and Military 
Affairs;
(ix)
provide all other information the division requires; and
(x)
sign the application which signature may include an electronic signature as 
defined in Section 
46-4-102
.
(b)
Unless the applicant provides acceptable verification of homelessness as described in 
rules made by the division, an applicant shall have a Utah residence address, unless 
the application is for a temporary CDL issued under Subsection 
53-3-407
(2)(b).
(c)
An applicant shall provide evidence of lawful presence in the United States in 
accordance with Subsection (8)(a)(ii), unless the application is for a driving privilege 
card.
(d)
The division shall maintain on the division's computerized records an applicant's:
(i)
(A)
social security number;
(B)
temporary identification number (ITIN); or
(C)
other number assigned by the division if Subsection (8)(a)(i)(D)(IV) applies; 
and
(ii)
indication whether the applicant is required to register as a sex offender, kidnap 
offender, or child abuse offender in accordance with 
Title 77, Chapter 41, Sex, 
Kidnap, and Child Abuse Offender Registry
Title 53, Chapter 29, Sex, Kidnap, 
and Child Abuse Offender Registry
.
(9)
The division shall require proof of an applicant's name, birth date, and birthplace by at 
least one of the following means:
(a)
current license certificate;
(b)
birth certificate;
(c)
Selective Service registration; or
(d)
other proof, including church records, family Bible notations, school records, or 
other evidence considered acceptable by the division.
(10)
(a)
Except as provided in Subsection (10)(c), if an applicant receives a license in a 
higher class than what the applicant originally was issued:
(i)
the license application is treated as an original application; and
(ii)
license and endorsement fees is assessed under Section 
53-3-105
.
(b)
An applicant that receives a downgraded license in a lower license class during an 
existing license cycle that has not expired:
(i)
may be issued a duplicate license with a lower license classification for the 
remainder of the existing license cycle; and
(ii)
shall be assessed a duplicate license fee under Subsection 
53-3-105
(25) if a 
duplicate license is issued under Subsection (10)(b)(i).
(c)
An applicant who has received a downgraded license in a lower license class under 
Subsection (10)(b):
(i)
may, when eligible, receive a duplicate license in the highest class previously 
issued during a license cycle that has not expired for the remainder of the existing 
license cycle; and
(ii)
shall be assessed a duplicate license fee under Subsection 
53-3-105
(25) if a 
duplicate license is issued under Subsection (10)(c)(i).
(11)
(a)
When an application is received from an applicant previously licensed in another 
state to drive a motor vehicle, the division shall request a copy of the driver's record 
from the other state.
(b)
When received, the driver's record becomes part of the driver's record in this state 
with the same effect as though entered originally on the driver's record in this state.
(12)
An application for reinstatement of a license after the suspension, cancellation, 
disqualification, denial, or revocation of a previous license is accompanied by the 
additional fee or fees specified in Section 
53-3-105
.
(13)
An individual who has an appointment with the division for testing and fails to keep 
the appointment or to cancel at least 48 hours in advance of the appointment shall pay 
the fee under Section 
53-3-105
.
(14)
An applicant who applies for an original license or renewal of a license agrees that the 
individual's license is subject to a suspension or revocation authorized under this title or 
Title 41, Motor Vehicles.
(15)
(a)
A licensee shall authenticate the indication of intent under Subsection (8)(a)(vi) 
in accordance with division rule.
(b)
(i)
Notwithstanding Title 63G, Chapter 2, Government Records Access and 
Management Act, the division may, upon request, release to an organ procurement 
organization, as defined in Section 
26B-8-301
, the names and addresses of all 
applicants who, under Subsection (8)(a)(vi), indicate that they intend to make an 
anatomical gift.
(ii)
An organ procurement organization may use released information only to:
(A)
obtain additional information for an anatomical gift registry; and
(B)
inform licensees of anatomical gift options, procedures, and benefits.
(16)
Notwithstanding Title 63G, Chapter 2, Government Records Access and Management 
Act, the division may release to the Department of Veterans and Military Affairs the 
names and addresses of all applicants who indicate their status as a veteran under 
Subsection (8)(a)(viii).
(17)
Notwithstanding Title 63G, Chapter 2, Government Records Access and Management 
Act, the division shall, upon request, release to the Sex, Kidnap, and Child Abuse 
Offender Registry office in the Department of Public Safety, the names and addresses of 
all applicants who, under Subsection (8)(a)(vii), indicate they are required to register as 
a sex offender, kidnap offender, or child abuse offender in accordance with 
Title 77, 
Chapter 41, Sex, Kidnap, and Child Abuse Offender Registry
Title 53, Chapter 29, Sex, 
Kidnap, and Child Abuse Offender Registry
.
(18)
The division and its employees are not liable, as a result of false or inaccurate 
information provided under Subsection (8)(a)(vi) or (viii), for direct or indirect:
(a)
loss;
(b)
detriment; or
(c)
injury.
(19)
An applicant who knowingly fails to provide the information required under 
Subsection (8)(a)(vii) is guilty of a class A misdemeanor.
(20)
A person may not hold both an unexpired Utah license certificate and an unexpired 
identification card.
(21)
(a)
An applicant who applies for an original motorcycle endorsement to a regular 
license certificate is exempt from the requirement to pass the knowledge and skills 
test to be eligible for the motorcycle endorsement if the applicant:
(i)
is a resident of the state of Utah;
(ii)
(A)
is ordered to active duty and stationed outside of Utah in any of the armed 
forces of the United States; or
(B)
is an immediate family member or dependent of an individual described in 
Subsection (21)(a)(ii)(A) and is residing outside of Utah;
(iii)
has a digitized driver license photo on file with the division;
(iv)
provides proof to the division of the successful completion of a certified 
Motorcycle Safety Foundation rider training course; and
(v)
provides the necessary information and documentary evidence required under 
Subsection (8).
(b)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the 
division shall make rules:
(i)
establishing the procedures for an individual to obtain a motorcycle endorsement 
under this Subsection (21); and
(ii)
identifying the applicable restrictions for a motorcycle endorsement issued under 
this Subsection (21).
Section 8, Section 
53-3-216
 is amended to read:
53-3-216
. Change of address -- Duty of licensee to notify division within 10 days 
-- Change of name -- Proof necessary -- Method of giving notice by division.
(1)
(a)
Except as provided in Subsection (1)(b), if an individual, after applying for or 
receiving a license, moves from the address named in the application or in the license 
certificate issued to the individual, the individual shall, within 10 days after the day 
on which the individual moves, notify the division in a manner specified by the 
division of the individual's new address and the number of any license certificate held 
by the individual.
(b)
If an individual who is required to register as a sex offender, kidnap offender, or 
child abuse offender under 
Title 77, Chapter 41, Sex, Kidnap, and Child Abuse 
Offender Registry
Title 53, Chapter 29, Sex, Kidnap, and Child Abuse Offender 
Registry
, after applying for or receiving a license, moves from the address named in 
the application or in the license certificate issued to the individual, the individual 
shall, within 30 days after the day on which the individual moves, apply for an 
updated license in-person at a division office.
(2)
If an applicant requests to change the surname on the applicant's license, the division 
shall issue a substitute license with the new name upon receiving an application and fee 
for a duplicate license and any of the following proofs of the applicant's full legal name:
(a)
an original or certified copy of the applicant's marriage certificate;
(b)
a certified copy of a court order under Title 42, Chapter 1, Change of Name, showing 
the name change;
(c)
an original or certified copy of a birth certificate issued by a government agency;
(d)
a certified copy of a divorce decree or annulment granted the applicant that specifies 
the name change requested; or
(e)
a certified copy of a divorce decree that does not specify the name change requested 
together with:
(i)
an original or certified copy of the applicant's birth certificate;
(ii)
the applicant's marriage license;
(iii)
a driver license record showing use of a maiden name; or
(iv)
other documentation the division finds acceptable.
(3)
(a)
If the division is authorized or required to give a notice under this chapter or other 
law regulating the operation of vehicles, the notice shall, unless otherwise prescribed, 
be given by:
(i)
personal delivery to the individual to be notified; or
(ii)
deposit in the United States mail with postage prepaid, addressed to the individual 
at the individual's address as shown by the records of the division.
(b)
The giving of notice by mail is complete upon the expiration of four days after the 
deposit of the notice.
(c)
Proof of the giving of notice in either manner may be made by the certificate of an 
officer or employee of the division or affidavit of an individual 18 years 
of age
old
or older, naming the individual to whom the notice was given and specifying the 
time, place, and manner of giving the notice.
(4)
The division may use state mailing or United States Postal Service information to:
(a)
verify an address on an application or on records of the division; and
(b)
correct mailing addresses in the division's records.
(5)
A violation of the provisions of Subsection (1) is an infraction.
Section 9, Section 
53-3-804
 is amended to read:
53-3-804
. Application for identification card -- Required information -- Release 
of anatomical gift information -- Cancellation of identification card.
(1)
To apply for a regular identification card or limited-term identification card, an 
applicant shall:
(a)
be a Utah resident;
(b)
have a Utah residence address; and
(c)
appear in person at any license examining station.
(2)
An applicant shall provide the following information to the division:
(a)
true and full legal name and Utah residence address;
(b)
date of birth as set forth in a certified copy of the applicant's birth certificate, or other 
satisfactory evidence of birth, which shall be attached to the application;
(c)
(i)
social security number; or
(ii)
written proof that the applicant is ineligible to receive a social security number;
(d)
place of birth;
(e)
height and weight;
(f)
color of eyes and hair;
(g)
signature;
(h)
photograph;
(i)
evidence of the applicant's lawful presence in the United States by providing 
documentary evidence:
(i)
that the applicant is:
(A)
a United States citizen;
(B)
a United States national; or
(C)
a legal permanent resident alien; or
(ii)
of the applicant's:
(A)
unexpired immigrant or nonimmigrant visa status for admission into the 
United States;
(B)
pending or approved application for asylum in the United States;
(C)
admission into the United States as a refugee;
(D)
pending or approved application for temporary protected status in the United 
States;
(E)
approved deferred action status;
(F)
pending application for adjustment of status to legal permanent resident or 
conditional resident; or
(G)
conditional permanent resident alien status;
(j)
an indication whether the applicant intends to make an anatomical gift under Title 
26B, Chapter 8, Part 3, Revised Uniform Anatomical Gift Act;
(k)
an indication whether the applicant is required to register as a sex offender, kidnap 
offender, or child abuse offender in accordance with 
Title 77, Chapter 41, Sex, 
Kidnap, and Child Abuse Offender Registry
Title 53, Chapter 29, Sex, Kidnap, and 
Child Abuse Offender Registry
; and
(l)
an indication whether the applicant is a veteran of the United States Armed Forces, 
verification that the applicant has received an honorable or general discharge from 
the United States Armed Forces, and an indication whether the applicant does or does 
not authorize sharing the information with the state Department of Veterans and 
Military Affairs.
(3)
(a)
The requirements of Section 
53-3-234
 apply to this section for each individual, 
age 16 and older, applying for an identification card.
(b)
Refusal to consent to the release of information under Section 
53-3-234
 shall result 
in the denial of the identification card.
(4)
An individual person who knowingly fails to provide the information required under 
Subsection (2)(k) is guilty of a class A misdemeanor.
(5)
(a)
A person may not hold both an unexpired Utah license certificate and an 
unexpired identification card.
(b)
A person who holds a regular or limited term Utah driver license and chooses to 
relinquish the person's driving privilege may apply for an identification card under 
this chapter, provided:
(i)
the driver:
(A)
no longer qualifies for a driver license for failure to meet the requirement in 
Section 
53-3-304
; or
(B)
makes a personal decision to permanently discontinue driving;
(ii)
the driver:
(A)
submits an application to the division on a form approved by the division in 
person, through electronic means, or by mail;
(B)
affirms their intention to permanently discontinue driving; and
(C)
surrenders to the division the driver license certificate; and
(iii)
the division possesses a digital photograph of the driver obtained within the 
preceding 10 years.
(c)
(i)
The division shall waive the fee under Section 
53-3-105
 for an identification 
card for an original identification card application under this Subsection (5).
(ii)
The fee waiver described in Subsection (5)(c)(i) does not apply to a person whose 
driving privilege is suspended or revoked.
(6)
Notwithstanding Title 63G, Chapter 2, Government Records Access and Management 
Act, the division shall, upon request, release to the Sex, Kidnap, and Child Abuse 
Offender Registry office in the Department of Public Safety, the names and addresses of 
all applicants who, under Subsection (2)(k), indicate they are required to register as a sex 
offender, kidnap offender, or child abuse offender in accordance with 
Title 77, Chapter 
41, Sex, Kidnap, and Child Abuse Offender Registry
Title 53, Chapter 29, Sex, Kidnap, 
and Child Abuse Offender Registry
.
Section 10, Section 
53-3-806.5
 is amended to read:
53-3-806.5
. Identification card required if offender does not have driver license.
(1)
(a)
An individual who does not hold a current driver license in compliance with 
Section 
53-3-205
 and is required to register as a sex offender, kidnap offender, or 
child abuse offender in accordance with 
Title 77, Chapter 41, Sex, Kidnap, and 
Child Abuse Offender Registry
Title 53, Chapter 29, Sex, Kidnap, and Child Abuse 
Offender Registry
, shall obtain an identification card.
(b)
The individual shall maintain a current identification card during the time the 
individual is required to register as a sex offender, kidnap offender, or child abuse 
offender and the individual does not hold a valid driver license.
(2)
Failure to maintain a current identification card as required under Subsection (1) is a 
class A misdemeanor for each month of violation of Subsection (1).
Section 11, Section 
53-3-807
 is amended to read:
53-3-807
. Expiration -- Address and name change -- Extension.
(1)
(a)
A regular identification card expires on the birth date of the applicant in the fifth 
year after the issuance of the regular identification card.
(b)
A limited-term identification card expires on:
(i)
the expiration date of the period of time of the individual's authorized stay in the 
United States or on the birth date of the applicant in the fifth year after the 
issuance of the limited-term identification card, whichever is sooner; or
(ii)
on the date of issuance in the first year after the year that the limited-term 
identification card was issued if there is no definite end to the individual's period 
of authorized stay.
(2)
(a)
Except as provided in Subsection (2)(b), if an individual has applied for and 
received an identification card and subsequently moves from the address shown on 
the application or on the card, the individual shall, within 10 days after the day on 
which the individual moves, notify the division in a manner specified by the division 
of the individual's new address.
(b)
If an individual who is required to register as a sex offender, kidnap offender, or 
child abuse offender under 
Title 77, Chapter 41, Sex, Kidnap, and Child Abuse 
Offender Registry
Title 53, Chapter 29, Sex, Kidnap, and Child Abuse Offender 
Registry
, has applied for and received an identification card and subsequently moves 
from the address shown on the application or on the card, the individual shall, within 
30 days after the day on which the individual moves, apply for an updated 
identification card in-person at a division office.
(3)
If an individual has applied for and received an identification card and subsequently 
changes the individual's name under Title 42, Chapter 1, Change of Name, the 
individual:
(a)
shall surrender the card to the division; and
(b)
may apply for a new card in the individual's new name by:
(i)
furnishing proper documentation to the division as provided in Section 
53-3-804
; 
and
(ii)
paying the fee required under Section 
53-3-105
.
(4)
A person 21 years old or older with a disability, as defined under the Americans with 
Disabilities Act of 1990, Pub. L. 101-336, may extend the expiration date on an 
identification card for five years if the person with a disability or an agent of the person 
with a disability:
(a)
requests that the division send the application form to obtain the extension or 
requests an application form in person at the division's offices;
(b)
completes the application;
(c)
certifies that the extension is for a person 21 years old or older with a disability; and
(d)
returns the application to the division together with the identification card fee 
required under Section 
53-3-105
.
(5)
(a)
The division may extend a valid regular identification card issued after January 1, 
2010, for five years at any time within six months before the day on which the 
identification card expires.
(b)
The application for an extension of a regular identification card is accompanied by a 
fee under Section 
53-3-105
.
(c)
The division shall allow extensions:
(i)
by mail, electronic means, or other means as determined by the division at the 
appropriate extension fee rate under Section 
53-3-105
; and
(ii)
only if the applicant qualifies under this section.
(6)
(a)
A regular identification card may only be extended once under Subsections (4) 
and (5).
(b)
After an extension an application for an identification card must be applied for in 
person at the division's offices.
Section 12, Section 
53-10-214
 is amended to read:
53-10-214
. Reporting requirements.
The bureau shall submit a record received pursuant to Section 
53-10-208.1
 for all 
nonextraditable warrants issued for violent felonies as defined in Section 
76-3-203.5
 and all 
nonextraditable warrants issued for knowingly failing to register
 under Title 53, Chapter 29, 
Sex, Kidnap, and Child Abuse Offender Registry,
 for a sexual offense pursuant to Section 
77-41-107
53-29-305
 to the National Crime Information Center within 48 hours of receipt, 
excluding Saturdays, Sundays, and legal holidays.
Section 13, Section 
53-10-403
 is amended to read:
53-10-403
. DNA specimen analysis -- Application to offenders, including minors.
(1)
Sections 
53-10-403.6
, 
53-10-404
, 
53-10-404.5
, 
53-10-405
, and 
53-10-406
 apply to:
(a)
a person who has pled guilty to or has been convicted of any of the offenses under 
Subsection (2)(a) or (b) on or after July 1, 2002;
(b)
a person who has pled guilty to or has been convicted by any other state or by the 
United States government of an offense which if committed in this state would be 
punishable as one or more of the offenses listed in Subsection (2)(a) or (b) on or after 
July 1, 2003;
(c)
a person who has been booked on or after January 1, 2011, through December 31, 
2014, for any offense under Subsection (2)(c);
(d)
a person who has been booked:
(i)
by a law enforcement agency that is obtaining a DNA specimen on or after May 
13, 2014, through December 31, 2014, under Subsection 
53-10-404
(4)(b) for any 
felony offense; or
(ii)
on or after January 1, 2015, for any felony offense; or
(e)
a minor:
(i)
(A)
who is adjudicated by the juvenile court for an offense described in 
Subsection (2) that is within the jurisdiction of the juvenile court on or after 
July 1, 2002; or
(B)
who is adjudicated by the juvenile court for an offense described in 
Subsection (2) and is in the legal custody of the Division of Juvenile Justice 
Services for the offense on or after July 1, 2002; and
(ii)
who is 14 years old or older at the time of the commission of the offense 
described in Subsection (2).
(2)
Offenses referred to in Subsection (1) are:
(a)
any felony or class A misdemeanor under the Utah Code;
(b)
any offense under Subsection (2)(a):
(i)
for which the court enters a judgment for conviction to a lower degree of offense 
under Section 
76-3-402
; or
(ii)
regarding which the court allows the defendant to enter a plea in abeyance as 
defined in Section 
77-2a-1
; or
(c)
(i)
any violent felony as defined in Section 
53-10-403.5
;
(ii)
sale or use of body parts, Section 
26B-8-315
;
(iii)
failure to stop at an accident that resulted in death, Section 
41-6a-401.5
;
(iv)
operating a motor vehicle with any amount of a controlled substance in an 
individual's body and causing serious bodily injury or death, as codified before 
May 4, 2022, Laws of Utah 2021, Chapter 236, Section 1, Subsection 
58-37-8
(2)(g);
(v)
a felony violation of enticing a minor, Section 
76-4-401
;
(vi)
negligently operating a vehicle resulting in injury, Subsection 
76-5-102.1
(2)(b);
(vii)
a felony violation of propelling a substance or object at a correctional officer, a 
peace officer, or an employee or a volunteer, including health care providers, 
Section 
76-5-102.6
;
(viii)
automobile homicide, Subsection 
76-5-207
(2)(b);
(ix)
aggravated human trafficking, Section 
76-5-310
, and aggravated human 
smuggling, Section 
76-5-310.1
;
(x)
a felony violation of unlawful sexual activity with a minor, Section 
76-5-401
;
(xi)
a felony violation of sexual abuse of a minor, Section 
76-5-401.1
;
(xii)
unlawful sexual contact with a 16 or 17-year old, Section 
76-5-401.2
;
(xiii)
sale of a child, Section 
76-7-203
;
(xiv)
aggravated escape, Section 
76-8-309.3
;
(xv)
a felony violation of threatened or attempted assault on an elected official, 
Section 
76-8-313
;
(xvi)
threat with intent to impede, intimidate, interfere, or retaliate against a judge or 
a member of the Board of Pardons and Parole or acting against a family member 
of a judge or a member of the Board of Pardons and Parole, Section 
76-8-316
;
(xvii)
assault with intent to impede, intimidate, interfere, or retaliate against a judge 
or a member of the Board of Pardons and Parole or acting against a family 
member of a judge or a member of the Board of Pardons and Parole, Section 
76-8-316.2
;
(xviii)
aggravated assault with intent to impede, intimidate, interfere, or retaliate 
against a judge or a member of the Board of Pardons and Parole or acting against 
a family member of a judge or a member of the Board of Pardons and Parole, 
Section 
76-8-316.4
;
(xix)
attempted murder with intent to impede, intimidate, interfere, or retaliate 
against a judge or a member of the Board of Pardons and Parole or acting against 
a family member of a judge or a member of the Board of Pardons and Parole, 
Section 
76-8-316.6
;
(xx)
advocating criminal syndicalism or sabotage, Section 
76-8-902
;
(xxi)
assembling for advocating criminal syndicalism or sabotage, Section 
76-8-903
;
(xxii)
a felony violation of sexual battery, Section 
76-9-702.1
;
(xxiii)
a felony violation of lewdness involving a child, Section 
76-9-702.5
;
(xxiv)
a felony violation of abuse or desecration of a dead human body, Section 
76-9-704
;
(xxv)
manufacture, possession, sale, or use of a weapon of mass destruction, Section 
76-10-402
;
(xxvi)
manufacture, possession, sale, or use of a hoax weapon of mass destruction, 
Section 
76-10-403
;
(xxvii)
possession of a concealed firearm in the commission of a violent felony, 
Subsection 
76-10-504
(4);
(xxviii)
assault with the intent to commit bus hijacking with a dangerous weapon, 
Subsection 
76-10-1504
(3);
(xxix)
commercial obstruction, Subsection 
76-10-2402
(2);
(xxx)
a felony violation of failure to register as a sex or kidnap offender, Section 
77-41-107
53-29-305
;
(xxxi)
repeat violation of a protective order, Subsection 
77-36-1.1
(4); or
(xxxii)
violation of condition for release after arrest under Section 
78B-7-802
.
Section 14, Section 
53-10-404
 is amended to read:
53-10-404
. DNA specimen analysis -- Requirement to obtain the specimen.
(1)
As used in this section, "person" means a person or minor described in Section 
53-10-403
.
(2)
(a)
A person under Section 
53-10-403
 or any person required to register as a sex 
offender, kidnap offender, or child abuse offender under 
Title 77, Chapter 41, Sex, 
Kidnap, and Child Abuse Offender Registry
Title 53, Chapter 29, Sex, Kidnap, and 
Child Abuse Offender Registry
, shall provide a DNA specimen and shall reimburse 
the agency responsible for obtaining the DNA specimen $150 for the cost of 
obtaining the DNA specimen unless:
(i)
the person was booked under Section 
53-10-403
 and is not required to reimburse 
the agency under Section 
53-10-404.5
; or
(ii)
the agency determines the person lacks the ability to pay.
(b)
(i)
(A)
The responsible agencies shall establish guidelines and procedures for 
determining if the person is able to pay the fee.
(B)
An agency's implementation of Subsection (2)(b)(i) meets an agency's 
obligation to determine an inmate's ability to pay.
(ii)
An agency's guidelines and procedures may provide for the assessment of $150 
on the inmate's county trust fund account and may allow a negative balance in the 
account until the $150 is paid in full.
(3)
(a)
(i)
All fees collected under Subsection (2) shall be deposited into the DNA 
Specimen Restricted Account created in Section 
53-10-407
, except that the 
agency collecting the fee may retain not more than $25 per individual specimen 
for the costs of obtaining the saliva DNA specimen.
(ii)
The agency collecting the $150 fee may not retain from each separate fee more 
than $25, and no amount of the $150 fee may be credited to any other fee or 
agency obligation.
(b)
The responsible agency shall determine the method of collecting the DNA specimen. 
Unless the responsible agency determines there are substantial reasons for using a 
different method of collection or the person refuses to cooperate with the collection, 
the preferred method of collection shall be obtaining a saliva specimen.
(c)
The responsible agency may use reasonable force, as established by its guidelines 
and procedures, to collect the DNA sample if the person refuses to cooperate with the 
collection.
(d)
If the judgment places the person on probation, the person shall submit to the 
obtaining of a DNA specimen as a condition of the probation.
(e)
(i)
Under this section a person is required to provide one DNA specimen and pay 
the collection fee as required under this section.
(ii)
The person shall provide an additional DNA specimen only if the DNA specimen 
previously provided is not adequate for analysis.
(iii)
The collection fee is not imposed for a second or subsequent DNA specimen 
collected under this section.
(f)
Any agency that is authorized to obtain a DNA specimen under this part may collect 
any outstanding amount of a fee due under this section from any person who owes 
any portion of the fee and deposit the amount in the DNA Specimen Restricted 
Account created in Section 
53-10-407
.
(4)
(a)
The responsible agency shall cause a DNA specimen to be obtained as soon as 
possible and transferred to the Department of Public Safety:
(i)
after a conviction or an adjudication by the juvenile court;
(ii)
on and after January 1, 2011, through December 31, 2014, after the booking of a 
person for any offense under Subsection 
53-10-403
(1)(c); and
(iii)
on and after January 1, 2015, after the booking of a person for any felony 
offense, as provided under Subsection 
53-10-403
(1)(d)(ii).
(b)
On and after May 13, 2014, through December 31, 2014, the responsible agency may 
cause a DNA specimen to be obtained and transferred to the Department of Public 
Safety after the booking of a person for any felony offense, as provided under 
Subsection 
53-10-403
(1)(d)(i).
(c)
If notified by the Department of Public Safety that a DNA specimen is not adequate 
for analysis, the agency shall, as soon as possible:
(i)
obtain and transmit an additional DNA specimen; or
(ii)
request that another agency that has direct access to the person and that is 
authorized to collect DNA specimens under this section collect the necessary 
second DNA specimen and transmit it to the Department of Public Safety.
(d)
Each agency that is responsible for collecting DNA specimens under this section 
shall establish:
(i)
a tracking procedure to record the handling and transfer of each DNA specimen it 
obtains; and
(ii)
a procedure to account for the management of all fees it collects under this 
section.
(5)
(a)
The Department of Corrections is the responsible agency whenever the person is 
committed to the custody of or is under the supervision of the Department of 
Corrections.
(b)
If a minor described in Subsection 
53-10-403(3)
 is not committed to the legal 
custody of the Division of Juvenile Justice and Youth Services upon an adjudication, 
the juvenile court is the responsible agency regarding the collection of a DNA 
specimen from the minor.
(c)
If a minor described in Subsection 
53-10-403(3)
 is committed to the legal custody of 
the Division of Juvenile Justice and Youth Services upon an adjudication, the 
Division of Juvenile Justice and Youth Services is the responsible agency regarding 
the collection of a DNA specimen from the minor
.
(d)
The sheriff operating a county jail is the responsible agency regarding the collection 
of DNA specimens from persons who:
(i)
have pled guilty to or have been convicted of an offense listed under Subsection 
53-10-403
(2) but who have not been committed to the custody of or are not under 
the supervision of the Department of Corrections;
(ii)
are incarcerated in the county jail:
(A)
as a condition of probation for a felony offense; or
(B)
for a misdemeanor offense for which collection of a DNA specimen is 
required;
(iii)
on and after January 1, 2011, through May 12, 2014, are booked at the county 
jail for any offense under Subsection 
53-10-403
(1)(c); and
(iv)
are booked at the county jail:
(A)
by a law enforcement agency that is obtaining a DNA specimen for any felony 
offense on or after May 13, 2014, through December 31, 2014, under 
Subsection 
53-10-404
(4)(b); or
(B)
on or after January 1, 2015, for any felony offense.
(e)
Each agency required to collect a DNA specimen under this section shall:
(i)
designate employees to obtain the saliva DNA specimens required under this 
section; and
(ii)
ensure that employees designated to collect the DNA specimens receive 
appropriate training and that the specimens are obtained in accordance with 
generally accepted protocol.
(6)
(a)
As used in this Subsection (6), "department" means the Department of Corrections.
(b)
Priority of obtaining DNA specimens by the department is:
(i)
first, to obtain DNA specimens of persons who as of July 1, 2002, are in the 
custody of or under the supervision of the department before these persons are 
released from incarceration, parole, or probation, if their release date is prior to 
that of persons under Subsection (6)(b)(ii), but in no case later than July 1, 2004; 
and
(ii)
second, the department shall obtain DNA specimens from persons who are 
committed to the custody of the department or who are placed under the 
supervision of the department after July 1, 2002, within 120 days after the 
commitment, if possible, but not later than prior to release from incarceration if 
the person is imprisoned, or prior to the termination of probation if the person is 
placed on probation.
(c)
The priority for obtaining DNA specimens from persons under Subsection (6)(b)(ii) 
is:
(i)
first, persons on probation;
(ii)
second, persons on parole; and
(iii)
third, incarcerated persons.
(d)
Implementation of the schedule of priority under Subsection (6)(c) is subject to the 
priority of Subsection (6)(b)(i), to ensure that the Department of Corrections obtains 
DNA specimens from persons in the custody of or under the supervision of the 
Department of Corrections as of July 1, 2002, prior to their release.
(7)
(a)
As used in this Subsection (7):
(i)
"Court" means the juvenile court.
(ii)
"Division" means the Division of Juvenile Justice and Youth Services.
(b)
Priority of obtaining DNA specimens by the court from minors under Section 
53-10-403
 whose cases are under the jurisdiction of the court but who are not in the 
legal custody of the division shall be:
(i)
first, to obtain specimens from minors whose cases, as of July 1, 2002, are under 
the court's jurisdiction, before the court's jurisdiction over the minors' cases 
terminates; and
(ii)
second, to obtain specimens from minors whose cases are under the jurisdiction 
of the court after July 1, 2002, within 120 days of the minor's case being found to 
be within the court's jurisdiction, if possible, but no later than before the court's 
jurisdiction over the minor's case terminates.
(c)
Priority of obtaining DNA specimens by the division from minors under Section 
53-10-403
 who are committed to the legal custody of the division shall be:
(i)
first, to obtain specimens from minors who as of July 1, 2002, are within the 
division's legal custody and who have not previously provided a DNA specimen 
under this section, before termination of the division's legal custody of these 
minors; and
(ii)
second, to obtain specimens from minors who are placed in the legal custody of 
the division after July 1, 2002, within 120 days of the minor's being placed in the 
custody of the division, if possible, but no later than before the termination of the 
court's jurisdiction over the minor's case.
(8)
(a)
The Department of Corrections, the juvenile court, the Division of Juvenile Justice 
and Youth Services, and all law enforcement agencies in the state shall by policy 
establish procedures for obtaining saliva DNA specimens, and shall provide training 
for employees designated to collect saliva DNA specimens.
(b)
(i)
The department may designate correctional officers, including those employed 
by the adult probation and parole section of the department, to obtain the saliva 
DNA specimens required under this section.
(ii)
The department shall ensure that the designated employees receive appropriate 
training and that the specimens are obtained in accordance with accepted protocol.
(c)
Blood DNA specimens shall be obtained in accordance with Section 
53-10-405
.
Section 15, Section 
53-29-101
 is enacted to read:
29. SEX, KIDNAP, AND CHILD ABUSE OFFENDER REGISTRY
1. General Provisions
53-29-101
. Definitions.
As used in this chapter:
(1)
"Bureau" means the Bureau of Criminal Identification of the Department of Public 
Safety established in Section 
53-10-201
.
(2)
"Certificate of eligibility" means the certificate issued by the bureau described in 
Section 
53-29-207
.
(3)
"Child abuse offender" means an individual who meets the requirements under 
Subsection 
53-29-202(2)(a)
.
(4)
(a)
"Convicted" means a plea or conviction of:
(i)
guilty;
(ii)
guilty with a mental illness; or
(iii)
no contest.
(b)
"Convicted" includes, except as provided in Subsection 
53-29-202(4)
, the period a 
plea is held in abeyance pursuant to a plea in abeyance agreement as defined in 
Section 
77-2a-1
.
(c)
"Convicted" does not include:
(i)
a withdrawn or dismissed plea in abeyance;
(ii)
a diversion agreement; or
(iii)
an adjudication of a minor for an offense under Section 
80-6-701
.
(5)
"Division" means the Division of Juvenile Justice and Youth Services.
(6)
"Employed" means employment that is full time or part time, whether financially 
compensated, volunteered, or for the purpose of government or educational benefit.
(7)
"Kidnap offender" means an individual who meets the requirements under Subsection 
53-29-202(2)(c)
.
(8)
"Offender" means an individual who qualifies as a sex offender, a kidnap offender, or a 
child abuse offender as described in Section 
53-29-202
.
(9)
(a)
"Online identifier" means any electronic mail, chat, instant messenger, social 
networking, or similar name used for Internet communication.
(b)
"Online identifier" does not include date of birth, social security number, PIN 
number, or Internet passwords.
(10)
"Primary residence" means the location where an offender regularly resides, even if the 
offender intends to move to another location or return to another location at a future date.
(11)
"Registrable offense" means an offense described in Subsection 
53-29-202(1)
.
(12)
"Registration website" means the Sex, Kidnap, and Child Abuse Offender Notification 
and Registration website described in Section 
53-29-404
.
(13)
"Registry" means the Sex, Kidnap, and Child Abuse Offender Registry maintained by 
the department and created in Section 
53-29-102
 to monitor and track offenders.
(14)
"Registry office" means the office within the department that manages the Sex, 
Kidnap, and Child Abuse Offender Registry.
(15)
"Sex offender" means an individual who meets the requirements under Subsection 
53-29-202(2)(b)
.
(16)
"Vehicle" means a motor vehicle, an aircraft, or a watercraft subject to registration in 
any jurisdiction.
Section 16, Section 
53-29-102
 is enacted to read:
53-29-102
. Sex, Kidnap, and Child Abuse Offender Registry -- Creation -- 
Purpose.
(1)
The department, to assist law enforcement in investigating kidnapping and sex-related 
crimes and in apprehending offenders, shall:
(a)
develop and operate a system known as the Sex, Kidnap, and Child Abuse Offender 
Registry to collect, analyze, maintain, and disseminate information on offenders and 
registrable offenses; and
(b)
make information listed in Subsection 
53-29-404(3)
 available to the public.
(2)
This chapter does not create or impose any duty on any individual to request or obtain 
information regarding any offender from the department.
Section 17, Section 
53-29-201
 is enacted to read:
2. Registrable Offenses, Timelines for Registration, and Petitions for Removal
53-29-201
. Definitions.
As used in this part:
(1)
"Court" means a state, federal, or military court.
(2)
"External jurisdiction" means:
(a)
a state of the United States not including Utah;
(b)
the United States federal government;
(c)
Indian country;
(d)
a United States territory;
(e)
the United States military; or
(f)
Canada, Australia, New Zealand, or the United Kingdom.
(3)
"Indian country" means:
(a)
all land within the limits of an Indian reservation under the jurisdiction of the United 
States government, regardless of the issuance of any patent, and includes 
rights-of-way running through the reservation;
(b)
all dependent Indian communities within the borders of the United States whether 
within the original or subsequently acquired territory, and whether or not within the 
limits of a state; and
(c)
all Indian allotments, including the Indian allotments to which the Indian titles have 
not been extinguished, including rights-of-way running through the allotments.
(4)
"Natural parent" means a minor's biological or adoptive parent, including the minor's 
noncustodial parent.
(5)
"Traffic offense" does not include a violation of Title 41, Chapter 6a, Part 5, Driving 
Under the Influence and Reckless Driving.
Section 18, Section 
53-29-202
 is enacted to read:
53-29-202
. Registrable offenses -- Status as a sex offender, kidnap offender, and 
child abuse offender established.
(1)
An individual is an offender described in Subsection 
(2)
 and subject to the requirements, 
restrictions, and penalties described in this chapter if the individual:
(a)
has been convicted in this state of:
(i)
aggravated child abuse under Subsection 
76-5-109.2(3)(a)
 or (b);
(ii)
a felony or class A misdemeanor violation of enticing a minor under Section 
76-4-401
;
(iii)
sexual exploitation of a vulnerable adult under Section 
76-5b-202
;
(iv)
human trafficking for sexual exploitation under Section 
76-5-308.1
;
(v)
human trafficking of a child for sexual exploitation under Subsection 
76-5-308.5(4)(b)
;
(vi)
aggravated human trafficking for sexual exploitation under Section 
76-5-310
;
(vii)
human trafficking of a vulnerable adult for sexual exploitation under Section 
76-5-311
;
(viii)
unlawful sexual activity with a minor under Section 
76-5-401
, except as 
provided in Subsection 
76-5-401(3)(b)
 or (c);
(ix)
sexual abuse of a minor under Section 
76-5-401.1
, on the individual's first 
offense unless the individual was younger than 21 years old at the time of the 
offense then on the individual's second offense;
(x)
unlawful sexual conduct with a 16 or 17 year old under Section 
76-5-401.2
;
(xi)
rape under Section 
76-5-402
;
(xii)
rape of a child under Section 
76-5-402.1
;
(xiii)
object rape under Section 
76-5-402.2
;
(xiv)
object rape of a child under Section 
76-5-402.3
;
(xv)
a felony violation of forcible sodomy under Section 
76-5-403
;
(xvi)
sodomy on a child under Section 
76-5-403.1
;
(xvii)
forcible sexual abuse under Section 
76-5-404
;
(xviii)
sexual abuse of a child under Section 
76-5-404.1
;
(xix)
aggravated sexual abuse of a child under Section 
76-5-404.3
;
(xx)
aggravated sexual assault under Section 
76-5-405
;
(xxi)
custodial sexual relations under Section 
76-5-412
, if the victim in custody is 
younger than 18 years old and the offense is committed on or after May 10, 2011;
(xxii)
sexual exploitation of a minor under Section 
76-5b-201
;
(xxiii)
aggravated sexual exploitation of a minor under Section 
76-5b-201.1
;
(xxiv)
sexual extortion or aggravated sexual extortion under Section 
76-5b-204
;
(xxv)
incest under Section 
76-7-102
;
(xxvi)
lewdness under Section 
76-9-702
, if the individual has been convicted of the 
offense four or more times;
(xxvii)
sexual battery under Section 
76-9-702.1
, if the individual has been convicted 
of the offense four or more times;
(xxviii)
any combination of convictions of lewdness under Section 
76-9-702
, and of 
sexual battery under Section 
76-9-702.1
, that total four or more convictions;
(xxix)
lewdness involving a child under Section 
76-9-702.5
;
(xxx)
a felony or class A misdemeanor violation of voyeurism under Section 
76-9-702.7
;
(xxxi)
aggravated exploitation of prostitution under Section 
76-10-1306
;
(xxxii)
kidnapping under Subsection 
76-5-301(2)(c)
 or (d), if the offender was not the 
natural parent of the child victim;
(xxxiii)
child kidnapping under Section 
76-5-301.1
, if the offender was not the 
natural parent of the child victim;
(xxxiv)
aggravated kidnapping under Section 
76-5-302
, if the offender was not the 
natural parent of the child victim;
(xxxv)
human trafficking for labor under Section 
76-5-308
, if the offender was not 
the natural parent of the child victim;
(xxxvi)
human smuggling under Section 
76-5-308.3
, if the offender was not the 
natural parent of the child victim;
(xxxvii)
human trafficking of a child for labor under Subsection 
76-5-308.5(4)(a)
, if 
the offender was not the natural parent of the child victim;
(xxxviii)
aggravated human trafficking for labor under Section 
76-5-310
, if the 
offender was not the natural parent of the child victim;
(xxxix)
aggravated human smuggling under Section 
76-5-310.1
, if the offender was 
not the natural parent of the child victim;
(xl)
human trafficking of a vulnerable adult for labor under Section 
76-5-311
, if the 
offender was not the natural parent of the child victim; or
(xli)
attempting, soliciting, or conspiring to commit a felony violation of an offense 
listed in Subsections 
(1)(a)
(i) through (xl);
(b)
(i)
has been convicted of a criminal offense, or an attempt, solicitation, or 
conspiracy to commit a criminal offense in an external jurisdiction that is 
substantially equivalent to the offense listed in Subsection (1)(a); and
(ii)
(A)
is a Utah resident; or
(B)
is not a Utah resident and is in this state for a total of 10 days in a 12-month 
period, regardless of whether the individual intends to permanently reside in 
this state;
(c)
(i)
(A)
is required to register on a registry in an external jurisdiction for 
individuals who have committed an offense listed in Subsection (1)(a) or a 
substantially equivalent offense;
(B)
is ordered by a court to register on a registry for individuals who have 
committed an offense listed in Subsection (1)(a) or a substantially equivalent 
offense; or
(C)
would be required to register on a registry in an external jurisdiction for 
individuals who have committed an offense listed in Subsection (1)(a), or a 
substantially equivalent offense, if residing in the external jurisdiction of the 
conviction regardless of the date of the conviction or a previous registration 
requirement; and
(ii)
is in this state for a total of 10 days in a 12-month period, regardless of whether 
the individual intends to permanently reside in this state;
(d)
(i)
(A)
is a nonresident regularly employed or working in this state; or
(B)
who is a student in this state; and
(ii)
(A)
is convicted of an offense listed in Subsection (1)(a) or a substantially 
equivalent offense in an external jurisdiction; or
(B)
is required to register on a sex, kidnap, and child abuse registry, or an 
equivalent registry, in the individual's state of residence based on a conviction 
for an offense that is not substantially equivalent to an offense listed in 
Subsection (1)(a);
(e)
is found not guilty by reason of insanity in this state or in an external jurisdiction of 
an offense listed in Subsection (1)(a) or a substantially equivalent offense; or
(f)
(i)
is adjudicated under Section 
80-6-701
 for one or more offenses listed in 
Subsection (1)(a); and
(ii)
has been committed to the division for secure care, as defined in Section 
80-1-102
, 
for that offense if:
(A)
the individual remains in the division's custody until 30 days before the 
individual's 21st birthday;
(B)
the juvenile court extended the juvenile court's jurisdiction over the individual 
under Section 
80-6-605
 and the individual remains in the division's custody 
until 30 days before the individual's 25th birthday; or
(C)
the individual is moved from the division's custody to the custody of the 
department before expiration of the division's jurisdiction over the individual.
(2)
Subject to Subsection 
(3)
, an individual is:
(a)
a child abuse offender if the individual:
(i)
has committed, attempted, solicited, or conspired to commit an offense described 
in Subsection 
(1)
(a)(i); or
(ii)
meets a requirement described in Subsections 
(1)(b)
 through (e) for an offense 
described in Subsection (1)(a)(i) or a substantially equivalent offense;
(b)
a sex offender if the individual:
(i)
has committed, attempted, solicited, or conspired to commit an offense described 
in Subsections (1)(a)(ii) through (xxxi); or
(ii)
meets a requirement described in Subsections (1)(b) through (e) for an offense 
described in Subsections (1)(a)(ii) through (xxxi) or a substantially equivalent 
offense; or
(c)
a kidnap offender if the individual:
(i)
has committed, attempted, solicited, or conspired to commit an offense described 
in Subsections 
(1)(a)
(xxxii) through (xl); or
(ii)
meets a requirement described in Subsections (1)(b) through (e) for an offense 
described in Subsections 
(1)(a)
(xxxii) through (xl) or a substantially equivalent 
offense.
(3)
An individual who has committed a registrable offense described in Subsection 
(1)(d)(ii)(B) in an external jurisdiction that is not substantially equivalent to an offense 
described in Subsection 
(1)(a)
 and is required to register on a sex, kidnap, and child 
abuse registry, or an equivalent registry, in the individual's state of residence is a child 
abuse offender, sex offender, or kidnap offender based on the individual's status on the 
registry in the individual's state of residence.
(4)
Notwithstanding Subsection 
53-29-101(4)
(a), a plea of guilty or nolo contendere to a 
charge of sexual battery or lewdness that is held in abeyance under Title 77, Chapter 2a, 
Pleas in Abeyance, is the equivalent of a conviction even if the charge is subsequently 
reduced or dismissed in accordance with the plea in abeyance agreement.
Section 19, Section 
53-29-203
 is enacted to read:
53-29-203
. Registration lengths -- 10 years -- Lifetime.
(1)
Except as provided in Subsection 
(2)
, (3), or (4), an individual who commits a 
registrable offense is required to register on the registry for:
(a)
10 years after the day on which the offender's sentence for the offense has been 
terminated if the registrable offense is for:
(i)
a felony or class A misdemeanor violation of enticing a minor under Section 
76-4-401
, if the offender enticed the minor to engage in sexual activity that is one 
of the offenses described in Subsections 
(1)(a)(ii)
 through (xxiii);
(ii)
aggravated child abuse under Subsection 
76-5-109.2(3)(a)
 or (b);
(iii)
kidnapping under Subsection 
76-5-301(2)(c)
 or (d), if the offender was not the 
natural parent of the child victim;
(iv)
human trafficking for labor under Section 
76-5-308
, if the offender was not the 
natural parent of the child victim;
(v)
human smuggling under Section 
76-5-308.3
, if the offender was not the natural 
parent of the child victim;
(vi)
human trafficking of a child for labor under Subsection 
76-5-308.5(4)(a)
, if the 
offender was not the natural parent of the child victim;
(vii)
aggravated human trafficking for labor under Section 
76-5-310
, if the offender 
was not the natural parent of the child victim;
(viii)
aggravated human smuggling under Section 
76-5-310.1
;
(ix)
human trafficking of a vulnerable adult for labor under Section 
76-5-311
;
(x)
a felony violation of unlawful sexual activity with a minor under Section 
76-5-401
;
(xi)
sexual abuse of a minor under Section 
76-5-401.1
;
(xii)
unlawful sexual conduct with a 16 or 17 year old under Section 
76-5-401.2
;
(xiii)
forcible sexual abuse under Section 
76-5-404
;
(xiv)
custodial sexual relations under Section 
76-5-412
;
(xv)
sexual exploitation of a vulnerable adult under Section 
76-5b-202
;
(xvi)
sexual extortion under Subsection 
76-5b-204(2)(a)
;
(xvii)
incest under Section 
76-7-102
;
(xviii)
four or more convictions of lewdness under Section 
76-9-702
;
(xix)
four or more convictions of sexual battery under Section 
76-9-702.1
;
(xx)
any combination of convictions of lewdness under Section 
76-9-702
, and of 
sexual battery under Section 
76-9-702.1
, that total four or more convictions;
(xxi)
lewdness involving a child under Section 
76-9-702.5
;
(xxii)
a felony or class A misdemeanor violation of voyeurism under Section 
76-9-702.7
;
(xxiii)
aggravated exploitation of prostitution under Section 
76-10-1306
, committed 
on or before May 9, 2011;
(xxiv)
attempting, soliciting, or conspiring to commit an offense listed in Subsections 
(1)(a)(i)
 through (xxiii) if the attempt, solicitation, or conspiracy is a registrable 
offense; or
(xxv)
attempting, soliciting, or conspiring to commit:
(A)
aggravated kidnapping under Section 
76-5-302
, if the offender was not the 
natural parent of the child victim;
(B)
human trafficking for sexual exploitation under Section 
76-5-308.1
, if the 
offender was not the natural parent of the child victim;
(C)
human trafficking of a child for sexual exploitation under Subsection 
76-5-308.5(4)(b)
, if the offender was not the natural parent of the child victim;
(D)
aggravated human trafficking for sexual exploitation under Section 
76-5-310
, 
if the offender was not the natural parent of the child victim;
(E)
human trafficking of a vulnerable adult for sexual exploitation under Section 
76-5-311
, if the offender was not the natural parent of the child victim;
(F)
forcible sodomy under Section 
76-5-403
;
(G)
sexual abuse of a child under Section 
76-5-404.1
;
(H)
sexual exploitation of a minor under Section 
76-5b-201
;
(I)
aggravated sexual exploitation of a minor under Section 
76-5b-201.1
;
(J)
aggravated sexual extortion under Subsection 
76-5b-204(2)(b)
; or
(K)
aggravated exploitation of prostitution under Section 
76-10-1306
, on or after 
May 10, 2011; or
(b)
the offender's lifetime if the registrable offense is:
(i)
a conviction for an offense described in Subsection 
(1)(a)
, if the offender has, at 
the time of conviction for the offense:
(A)
previously been convicted of an offense described in Subsection 
(1)(a)
, or a 
substantially equivalent offense in an external jurisdiction; or
(B)
previously been required to register as an offender for an offense described in 
Subsection (1)(a) committed as a juvenile;
(ii)
a following offense, including attempting, soliciting, or conspiring to commit a 
felony violation of:
(A)
child kidnapping under Section 
76-5-301.1
, if the offender was not the natural 
parent of the child victim;
(B)
rape under Section 
76-5-402
;
(C)
rape of a child under Section 
76-5-402.1
;
(D)
object rape under Section 
76-5-402.2
;
(E)
object rape of a child under Section 
76-5-402.3
;
(F)
sodomy on a child under Section 
76-5-403.1
;
(G)
aggravated sexual abuse of a child under Section 
76-5-404.3
; or
(H)
aggravated sexual assault under Section 
76-5-405
;
(iii)
aggravated kidnapping under Section 
76-5-302
, if the offender was not the 
natural parent of the child victim;
(iv)
human trafficking for sexual exploitation under Section 
76-5-308.1
, if the 
offender was not the natural parent of the child victim;
(v)
human trafficking of a child for sexual exploitation under Subsection 
76-5-308.5(4)(b)
, if the offender was not the natural parent of the child victim;
(vi)
aggravated human trafficking for sexual exploitation under Section 
76-5-310
, if 
the offender was not the natural parent of the child victim;
(vii)
human trafficking of a vulnerable adult for sexual exploitation under Section 
76-5-311
, if the offender was not the natural parent of the child victim;
(viii)
forcible sodomy under Section 
76-5-403
;
(ix)
sexual abuse of a child under Section 
76-5-404.1
;
(x)
sexual exploitation of a minor under Section 
76-5b-201
;
(xi)
aggravated sexual exploitation of a minor under Section 
76-5b-201.1
;
(xii)
aggravated sexual extortion under Subsection 
76-5b-204(2)(b)
;
(xiii)
aggravated exploitation of prostitution under Section 
76-10-1306
, on or after 
May 10, 2011; or
(xiv)
a felony violation of enticing a minor under Section 
76-4-401
, if the offender 
enticed the minor to engage in sexual activity that is one of the offenses described 
in Subsections 
(1)(b)(ii)
 through (xiii).
(2)
An individual who qualifies as an offender based on a conviction in an external 
jurisdiction for a registrable offense, or a substantially equivalent offense, and is on an 
external jurisdiction's sex, kidnap, and child abuse registry, or an equivalent registry, is 
required to register on the registry for the time period required by the external 
jurisdiction.
(3)
If the sentencing court at any time after an offender is convicted of an offense requiring 
lifetime registration described in Subsection 
(1)(b)
 determines that the offender was 
under 21 years old at the time the offense was committed and the offense did not involve 
force or coercion, the requirement that the offender register for the offender's lifetime 
does not apply and the offender shall register for 10 years after the day on which the 
offender's sentence for the offense has been terminated.
(4)
Except for an individual who is adjudicated for a registrable offense and is an offender 
who meets the requirements under Subsection 
53-29-202(1)(f)
, an individual who is 
under 18 years old and commits a registrable offense after May 3, 2023, is not subject to 
registration requirements under this chapter unless the offender:
(a)
is charged by criminal information in juvenile court under Section 
80-6-503
;
(b)
is bound over to district court in accordance with Section 
80-6-504
; and
(c)
is convicted of a registrable offense.
(5)
An offender subject to the 10-year or lifetime registration requirements under 
Subsection 
(1)
 may petition the court for an order of removal from the registry in 
accordance with Section 
53-29-204
, 
53-29-205
, or 
53-29-206
.
Section 20, Section 
53-29-204
 is enacted to read:
53-29-204
. Five-year petition for removal from registry -- Eligibility.
(1)
An offender who is required to register on the registry for a registrable offense 
described in Subsection (2) that is subject to a 10-year registration period, as described 
in Section 
53-29-203
, is eligible to petition the court under Section 
53-29-207
 for an 
order of removal from the registry after five years after the day on which the offender's 
sentence for the offense has been terminated if:
(a)
the offense is the only offense for which the offender was required to register;
(b)
the offender has not been convicted of another offense, excluding a traffic offense, 
after the day on which the offender was convicted of the offense for which the 
offender is required to register, as evidenced by a certificate of eligibility issued by 
the bureau;
(c)
the offender successfully completed all treatment ordered by the court or the Board 
of Pardons and Parole relating to the offense; and
(d)
the offender has paid all restitution ordered by the court or the Board of Pardons and 
Parole relating to the offense.
(2)
The offenses that qualify for a five-year petition for an order of removal from the 
registry referenced in Subsection 
(1)
 are:
(a)
a class A misdemeanor violation of enticing a minor under Section 
76-4-401
;
(b)
kidnapping under Subsection 
76-5-301(2)(c)
 or (d);
(c)
a felony violation of unlawful sexual activity with a minor under Section 
76-5-401
, 
if, at the time of the offense, the offender is not more than 10 years older than the 
victim;
(d)
sexual abuse of a minor under Section 
76-5-401.1
, if, at the time of the offense, the 
offender is not more than 10 years older than the victim;
(e)
unlawful sexual conduct with a 16 or 17 year old under Section 
76-5-401.2
, if at the 
time of the offense, the offender is not more than 15 years older than the victim;
(f)
a class A misdemeanor violation of voyeurism under Section 
76-9-702.7
;
(g)
attempting, soliciting, or conspiring to commit an offense listed in Subsections 
(2)(a)
through (f) if the attempt, solicitation, or conspiracy is a registrable offense; and
(h)
an offense committed in an external jurisdiction that is not substantially equivalent to 
a registrable offense described in Subsection 
53-29-202(1)(a)
.
Section 21, Section 
53-29-205
 is enacted to read:
53-29-205
. Ten-year petition for removal from registry -- Eligibility.
(1)
An offender who is required to register on the registry for a registrable offense 
described in Subsection (3) subject to a 10-year registration period as described in 
Section 
53-29-203
 is eligible to petition the court under Section 
53-29-207
 for an order 
of removal from the registry at a 10-year after entrance into the community period 
described in Subsection 
(2)
 if:
(a)
the offender has not been convicted of another offense that is a class A misdemeanor, 
felony, or capital felony within the most recent 10-year period after the date 
described in Subsection (2), as evidenced by a certificate of eligibility issued by the 
bureau;
(b)
the offender successfully completed all treatment ordered by the court or the Board 
of Pardons and Parole relating to the offense; and
(c)
the offender has paid all restitution ordered by the court or the Board of Pardons and 
Parole relating to the offense.
(2)
An offender who qualifies under Subsection 
(1)
 may petition the court under Section 
53-29-207
 for an order of removal from the registry if 10 years have passed after the 
later of the following events in which the offender entered into the community:
(a)
the day on which the offender was placed on probation;
(b)
the day on which the offender was released from incarceration to parole;
(c)
the day on which the offender's sentence was terminated without parole;
(d)
the day on which the offender entered a community-based residential program; or
(e)
for a minor, as defined in Section 
80-1-102
, the day on which the division's custody 
of the offender was terminated.
(3)
The offenses that qualify for a 10-year petition for an order of removal from the registry 
referenced in Subsection (1) are:
(a)
a felony violation of enticing a minor under Section 
76-4-401
, if the offender enticed 
the minor to engage in sexual activity that is one of the offenses described in 
Subsections 
(3)(b)
 through (v);
(b)
aggravated child abuse under Subsection 
76-5-109.2(3)(a)
 or (b);
(c)
human trafficking for labor under Section 
76-5-308
;
(d)
human smuggling under Section 
76-5-308.3
;
(e)
human trafficking of a child for labor under Subsection 
76-5-308.5(4)(a)
;
(f)
aggravated human trafficking for labor under Section 
76-5-310
;
(g)
aggravated human smuggling under Section 
76-5-310.1
;
(h)
human trafficking of a vulnerable adult for labor under Section 
76-5-311
;
(i)
a felony violation of unlawful sexual activity with a minor under Section 
76-5-401
, if, 
at the time of the offense, the offender is more than 10 years older than the victim;
(j)
sexual abuse of a minor under Section 
76-5-401.1
, if, at the time of the offense, the 
offender is more than 10 years older than the victim;
(k)
unlawful sexual conduct with a 16 or 17 year old under Section 
76-5-401.2
, if, at the 
time of the offense, the offender is more than 15 years older than the victim;
(l)
forcible sexual abuse under Section 
76-5-404
;
(m)
custodial sexual relations under Section 
76-5-412
, if the victim in custody is 
younger than 18 years old and the offense is committed on or after May 10, 2011;
(n)
sexual exploitation of a vulnerable adult under Section 
76-5b-202
;
(o)
sexual extortion under Subsection 
76-5b-204(2)(a)
;
(p)
incest under Section 
76-7-102
;
(q)
four or more convictions of lewdness under Section 
76-9-702
;
(r)
four or more convictions of sexual battery under Section 
76-9-702.1
;
(s)
any combination of convictions of lewdness under Section 
76-9-702
, and of sexual 
battery under Section 
76-9-702.1
, that total four or more convictions;
(t)
lewdness involving a child under Section 
76-9-702.5
;
(u)
a felony violation of voyeurism under Section 
76-9-702.7
;
(v)
aggravated exploitation of prostitution under Section 
76-10-1306
, committed on or 
before May 9, 2011;
(w)
attempting, soliciting, or conspiring to commit an offense listed in Subsections (3)(a) 
through (v) if the attempt, solicitation, or conspiracy is a registrable offense;
(x)
attempting, soliciting, or conspiring to commit:
(i)
human trafficking for sexual exploitation under Section 
76-5-308.1
;
(ii)
human trafficking of a child for sexual exploitation under Subsection 
76-5-308.5(4)(b)
;
(iii)
aggravated human trafficking for sexual exploitation under Section 
76-5-310
;
(iv)
human trafficking of a vulnerable adult for sexual exploitation under Section 
76-5-311
;
(v)
aggravated kidnapping under Section 
76-5-302
, except if the offender is a natural 
parent of the victim;
(vi)
forcible sodomy under Section 
76-5-403
;
(vii)
sexual abuse of a child under Section 
76-5-404.1
;
(viii)
sexual exploitation of a minor under Section 
76-5b-201
;
(ix)
aggravated sexual exploitation of a minor under Section 
76-5b-201.1
;
(x)
aggravated sexual extortion under Subsection 
76-5b-204(2)(b)
; or
(xi)
aggravated exploitation of prostitution under Section 
76-10-1306
, on or after 
May 10, 2011; or
(y)
an offense described in Subsection 
53-29-203(1)(b)
 that would otherwise be subject 
to a 20-year petition for removal as described in Section 
53-29-206
, if:
(i)
the sentencing court determines that the offender was under 21 years old at the 
time the offense was committed; and
(ii)
the offense did not involve force or coercion as described in Subsection 
53-29-203(3)
.
(4)
An individual who is as an offender under Section 
53-29-202
 based on a conviction in 
an external jurisdiction for a registrable offense, or a substantially equivalent offense, 
and is required to register on the external jurisdiction's sex, kidnap, or child abuse 
offender registry, or an equivalent registry, may petition for removal from the registry in 
accordance with the requirements of this section if the individual:
(a)
does not have a lifetime registration requirement on the external jurisdiction's sex, 
kidnap, or child abuse offender registry, or an equivalent registry;
(b)
meets the requirements described in Subsections 
(1)(a)
 through (c);
(c)
has resided in this state for at least 183 days in a year for two consecutive years; and
(d)
intends to primarily reside in this state.
Section 22, Section 
53-29-206
 is enacted to read:
53-29-206
. Twenty-year petition for removal from registry -- Eligibility.
(1)
An offender who is required to register on the registry for a registrable offense subject 
to a lifetime registration period described in Subsection 
53-29-203(1)(b)
 is eligible to 
petition the court under Section 
53-29-207
 for an order of removal from the registry at a 
20-year entrance into the community period described in Subsection (2) if:
(a)
the offender has not been convicted of another offense that is a class A misdemeanor, 
felony, or capital felony within the most recent 20-year period after the date 
described in Subsection (2), as evidenced by a certificate of eligibility issued by the 
bureau;
(b)
the offender successfully completed all treatment ordered by the court or the Board 
of Pardons and Parole relating to the offense;
(c)
the offender has paid all restitution ordered by the court or the Board of Pardons and 
Parole relating to the offense; and
(d)
the offender submits to an evidence-based risk assessment that:
(i)
meets the standards for the current risk assessment, score, and risk level required 
by the Board of Pardons and Parole for parole termination requests;
(ii)
is completed within the six months before the date on which the petition is filed; 
and
(iii)
describes the evidence-based risk assessment of the current level of risk to the 
safety of the public posed by the offender.
(2)
An offender who qualifies under Subsection (1) may petition the court under Section 
53-29-207
 for an order of removal from the registry if 20 years have passed after the 
later of the following events in which the offender has entered into the community:
(a)
the day on which the offender was placed on probation;
(b)
the day on which the offender was released from incarceration to parole;
(c)
the day on which the offender's sentence was terminated without parole;
(d)
the day on which the offender entered a community-based residential program; or
(e)
for a minor, as defined in Section 
80-1-102
, the day on which the division's custody 
of the offender was terminated.
(3)
An individual who is as an offender under Section 
53-29-202
 based on a conviction in 
an external jurisdiction for a registrable offense or a substantially equivalent offense, 
and is required to register on the external jurisdiction's sex, kidnap, or child abuse 
offender registry, or an equivalent registry, may petition for removal from the registry in 
accordance with the requirements of this section if the individual:
(a)
is required to register on the external jurisdiction's sex, kidnap, or child abuse 
offender registry, or an equivalent registry, for the individual's lifetime;
(b)
meets the requirements described in Subsections (1)(a) through (d);
(c)
has resided in this state for at least 183 days in a year for two consecutive years; and
(d)
intends to primarily reside in this state.
Section 23, Section 
53-29-207
 is enacted to read:
53-29-207
. Process to petition for removal from registry -- Offender, bureau, 
court, and prosecutor responsibilities.
(1)
Before an offender who is eligible to petition for an order of removal from the registry 
as described in Section 
53-29-204
, 
53-29-205
, or 
53-29-206
 may file a petition with the 
court for an order of removal from the registry, the offender shall apply to the bureau for 
a certificate of eligibility for removal from the registry that states that the offender has 
met certain qualifications for removal.
(2)
After the bureau receives an offender's application for a certificate of eligibility for 
removal from the registry, the bureau shall:
(a)
perform a check of records of governmental agencies, including national criminal 
databases, to determine whether an offender meets the requirements described in:
(i)
Subsection 
53-29-204(1)
, if the offender is seeking a five-year petition for 
removal;
(ii)
Subsections 
53-29-205(1)
 and (2), if the offender is seeking a 10-year petition for 
removal; or
(iii)
Subsections 
53-29-206(1)
 and (2), if the offender is seeking a 20-year petition 
for removal; and
(b)
if the bureau determines that the offender meets the requirements described in 
Subsection 
(2)(a)
, issue a certificate of eligibility for removal from the registry to the 
offender, which is valid for 90 days after the day on which the bureau issues the 
certificate.
(3)
(a)
After an offender has received the certificate of eligibility for removal from the 
registry described in Subsection 
(2)
, the offender may petition the court for an order 
of removal from the registry, and shall include in the petition:
(i)
the original information or indictment regarding the registrable offense that the 
offender committed;
(ii)
the court docket; and
(iii)
the certificate of eligibility for removal from the registry.
(b)
An offender who files a petition with the court as described in Subsection 
(3)(a)
 shall 
provide a copy of the petition to the prosecutor.
(4)
A prosecutor, upon receipt of the petition described in Subsection 
(3)
, shall:
(a)
provide notice of the petition by first-class mail to the victim at the most recent 
address of record on file or, if the victim is still a minor under 18 years old, to the 
parent or guardian of the victim, that includes:
(i)
a copy of the petition;
(ii)
an explanation that the victim has a right to object to the removal of the offender 
from the registry or make other recommendations to the court; and
(iii)
instructions for how the victim can file an objection or recommendation with the 
court; and
(b)
provide the following, if available, to the court within 30 days after the day on which 
the prosecutor receives the petition:
(i)
the presentencing report created for the offender based on the registrable offense 
committed by the offender;
(ii)
any evaluation done as part of sentencing for the registrable offense; and
(iii)
other information the prosecutor determines the court should consider.
(5)
A victim, or the victim's parent or guardian if the victim is a minor under 18 years old, 
may respond to a petition described in Subsection 
(3)
 by filing a recommendation or 
objection with the court within 45 days after the day on which the petition is mailed to 
the victim.
(6)
(a)
A court receiving a petition under this section shall:
(i)
review the petition and all documents submitted with the petition; and
(ii)
hold a hearing if requested by the prosecutor or the victim.
(b)
(i)
Except as provided in Subsection (6)(b)(ii) or (iii), the court may grant the 
petition for removal and order the removal of the offender from the registry if the 
court determines that the offender has met the requirements for issuance of a 
certificate of eligibility for removal issued under Subsection (2) and removal is 
not contrary to the interests of the public.
(ii)
When considering a petition filed by an offender subject to a lifetime registration 
requirement and eligible for a 20-year petition for removal from the registry as 
described in Section 
53-29-206
, the court shall determine whether the offender has 
demonstrated, by clear and convincing evidence, that the offender is rehabilitated 
and does not pose a threat to the safety of the public.
(iii)
In making the determination described in Subsection (6)(b)(ii), the court may 
consider:
(A)
the nature and degree of violence involved in the registrable offense;
(B)
the age and number of victims of the registrable offense;
(C)
the age of the offender at the time the registrable offense was committed;
(D)
the offender's performance while on supervision for the registrable offense;
(E)
the offender's stability in employment and housing;
(F)
the offender's community and personal support system;
(G)
other criminal and relevant noncriminal behavior of the offender both before 
and after the offender committed the registrable offense;
(H)
if applicable, the level of risk posed by the offender as evidenced by the 
evidence-based risk assessment described in Subsection 
53-29-206(1)(d)
; and
(I)
any other relevant factors.
(c)
In determining whether removal from the registry is contrary to the interests of the 
public, the court may not consider removal unless the offender has substantially 
complied with all registration requirements under this chapter at all times.
(d)
If the court grants the petition, the court shall forward a copy of the order directing 
removal of the offender from the registry to the department and the office of the 
prosecutor.
(e)
(i)
Except as provided in Subsection (6)(e)(ii), if the court denies the petition, the 
offender may not submit another petition for three years after the day on which the 
court denied the petition.
(ii)
If the offender is an offender subject to a lifetime registration requirement and 
eligible for a 20-year petition for removal from the registry as described in Section 
53-29-206
 and files a petition for removal that is denied by the court, the offender 
may not submit another petition for eight years after the day on which the court 
denied the petition.
(f)
The court shall notify the victim and the registry office of the court's decision under 
this Subsection 
(6)
 within three days after the day on which the court issues the 
court's decision.
(7)
(a)
An offender who intentionally or knowingly provides false or misleading 
information to the bureau when applying for a certificate of eligibility under this 
section is guilty of a class B misdemeanor and subject to prosecution under Section 
76-8-504.6
.
(b)
The bureau may, even if the offender is not prosecuted for providing the false or 
misleading information, deny a certificate of eligibility to an offender who provides 
false or misleading information on an application.
(8)
(a)
(i)
The bureau shall charge application and issuance fees for a certificate of 
eligibility for removal from the registry under this section in accordance with the 
process in Section 
63J-1-504
.
(ii)
The application fee shall be paid at the time the offender submits an application to 
the bureau for a certificate of eligibility for removal from the registry.
(iii)
If the bureau determines that the issuance of a certificate of eligibility for 
removal from the registry is appropriate, the offender will be charged an 
additional fee for the issuance of the certificate.
(b)
Funds generated under this Subsection 
(8)
 shall be deposited into the General Fund 
as a dedicated credit by the department to cover the costs incurred in determining 
eligibility.
Section 24, Section 
53-29-301
 is enacted to read:
3. Offender, Court, and Law Enforcement Responsibilities
53-29-301
. Definitions.
As used in this part:
(1)
"Business day" means a day on which state offices are open for regular business.
(2)
"Correctional facility" means:
(a)
a county jail;
(b)
a secure correctional facility as defined by Section 
64-13-1
; or
(c)
a secure care facility as defined in Section 
80-1-102
.
(3)
"Secondary residence" means real property that an offender owns or has a financial 
interest in, or a location where the offender stays overnight a total of 10 or more nights 
in a 12-month period when not staying at the offender's primary residence.
Section 25, Section 
53-29-302
 is enacted to read:
53-29-302
. Law enforcement and agency responsibilities related to the registry.
(1)
A law enforcement agency shall, in the manner prescribed by the department, inform 
the department of:
(a)
the receipt of a report or complaint of a registrable offense, within three business 
days after the day on which the law enforcement agency received the report or 
complaint; and
(b)
the arrest of an individual suspected of a registrable offense, within five business 
days after the day on which the law enforcement agency arrested the individual.
(2)
The Department of Corrections shall register an offender in the custody of the 
Department of Corrections with the department upon:
(a)
placement on probation;
(b)
commitment to a secure correctional facility operated by or under contract with the 
Department of Corrections;
(c)
release from confinement to parole status, termination or expiration of sentence, or 
escape;
(d)
entrance to and release from any community-based residential program operated by 
or under contract with the Department of Corrections; or
(e)
termination of probation or parole.
(3)
The sheriff of the county in which an offender is confined shall register an offender with 
the department, as required under this chapter, if the offender is not in the custody of the 
Department of Corrections and is confined in a correctional facility not operated by or 
under contract with the Department of Corrections upon:
(a)
commitment to the correctional facility; and
(b)
release from confinement.
(4)
(a)
Except as provided in Subsection 
(4)
(b), if an offender is sent on an assignment 
outside a secure facility, including being assigned for firefighting or disaster control, 
the official who has physical custody of the offender shall, within a reasonable time 
after the day of the offender's removal from the secure facility, notify the local law 
enforcement agencies where the offender is assigned.
(b)
Subsection 
(4)(a)
 does not apply to an offender temporarily released from a secure 
facility setting who is under the supervision of a correctional facility official.
(5)
The division shall register an offender in the custody of the division with the 
department, as required under this chapter, before the offender's release from custody of 
the division.
(6)
A state mental hospital shall register an offender committed to the state mental hospital 
with the department, as required under this chapter, upon the offender's admission and 
upon the offender's discharge.
(7)
(a)
A municipal or county law enforcement agency shall register an offender who 
resides within the agency's jurisdiction and is not under the supervision of the 
Division of Adult Probation and Parole within the Department of Corrections.
(b)
A municipal or county law enforcement agency may conduct offender registration 
under this chapter, if the agency ensures that the agency's staff responsible for 
registration:
(i)
have received initial training by the department and have been certified by the 
department as qualified and authorized to conduct registrations and enter offender 
registration information into the registry database; and
(ii)
annually certifies with the department.
(8)
An agency in the state that registers with the department an offender on probation, an 
offender who has been released from confinement to parole status or termination, or an 
offender whose sentence has expired, shall inform the offender of the duty to comply 
with the continuing registration requirements of this chapter during the period of 
registration required in Section 
53-29-203
, including:
(a)
notification to the state agencies in the states where the registrant presently resides 
and plans to reside when moving across state lines;
(b)
verification of address at least every 60 days pursuant to a parole agreement for 
lifetime parolees; and
(c)
notification to the out-of-state agency where the offender is living, regardless of 
whether the offender is a resident of that state.
Section 26, Section 
53-29-303
 is enacted to read:
53-29-303
. Court responsibilities related to the registry.
(1)
The court shall, after an offender is convicted of a registrable offense, within three 
business days after the day on which the conviction is entered, forward a signed copy of 
the judgment and sentence to the registry office.
(2)
Upon modifying, withdrawing, setting aside, vacating, or otherwise altering a 
conviction for a registrable offense, the court shall, within three business days, forward a 
signed copy of the order to the registry office.
(3)
(a)
An offender may change the offender's name in accordance with Title 42, Chapter 
1, Change of Name, if the name change is not contrary to the interests of the public.
(b)
Notwithstanding Section 
42-1-2
, an offender shall provide notice to the department 
at least 30 days before the day on which the hearing for the name change is held.
(c)
The court shall provide a copy of the order granting the offender's name change to 
the department within 10 days after the day on which the court issues the order.
(d)
If the court orders an offender's name to be changed, the department shall publish on 
the registration website the offender's former name and the offender's changed name 
as an alias.
(4)
Notwithstanding Title 63G, Chapter 2, Government Records Access and Management 
Act, information under Subsection (2) that is collected and released under Subsection 
53-29-404(3)(a)
 is public information, unless otherwise restricted under this chapter.
(5)
The department shall redact information regarding the identity or location of a victim 
from information provided under Subsection 
(2)
.
Section 27, Section 
53-29-304
 is enacted to read:
53-29-304
. Offender responsibilities related to the registry.
(1)
An offender shall:
(a)
if the offender is on probation or parole under the supervision of the Department of 
Corrections, register in person with the Division of Adult Probation and Parole; or
(b)
if the offender is not on probation or parole under the supervision of the Department 
of Corrections, register in person with the police department or sheriff's office that 
has jurisdiction over the area where the offender resides.
(2)
An offender registering under Subsection 
(1)
 shall register for the duration of the 
offender's applicable registration period described in Section 
53-29-203
:
(a)
each year during the month of the offender's date of birth;
(b)
during the month that is the sixth month after the offender's birth month; and
(c)
within three business days after the day on which there is a change of the offender's 
primary residence, any secondary residences, place of employment, vehicle 
information, or educational information described in Subsection 
(4)
.
(3)
An offender who enters this state from another jurisdiction is required to register with 
the department within 10 days after the day on which the offender enters the state, 
regardless of the offender's length of stay.
(4)
(a)
When registering under Subsection 
(1)
, an offender shall provide the following 
information:
(i)
all names and aliases by which the offender is or has been known;
(ii)
the addresses of the offender's primary and secondary residences;
(iii)
a physical description, including the offender's date of birth, height, weight, eye 
color, and hair color;
(iv)
the make, model, color, year, plate number, and vehicle identification number of 
a vehicle or vehicles the offender owns or drives more than 12 times per year;
(v)
a current photograph of the offender;
(vi)
a set of fingerprints, if a set has not already been provided;
(vii)
a DNA specimen, taken in accordance with Section 
53-10-404
, if a set has not 
already been provided;
(viii)
telephone numbers and any other designations used by the offender for routing 
or self-identification in telephonic communications from fixed locations or 
cellular telephones;
(ix)
online identifiers and the addresses the offender uses for routing or 
self-identification in Internet communications or postings;
(x)
the name and Internet address of all websites on which the offender is registered 
using an online identifier, including all online identifiers used to access those 
websites;
(xi)
a copy of the offender's passport, if a passport has been issued to the offender;
(xii)
if the offender is an alien, all documents establishing the offender's immigration 
status;
(xiii)
all professional licenses that authorize the offender to engage in an occupation 
or carry out a trade or business, including any identifiers, such as numbers;
(xiv)
each educational institution in Utah at which the offender is employed or is a 
student, and a change of enrollment or employment status of the offender at an 
educational institution;
(xv)
the name, the telephone number, and the address of a place where the offender is 
employed or will be employed;
(xvi)
the name, the telephone number, and the address of a place where the offender 
works as a volunteer or will work as a volunteer; and
(xvii)
the offender's social security number.
(b)
The department shall redact information regarding the identity or location of a victim 
from information provided under Subsection 
(4)(a)
.
(5)
Notwithstanding Subsections 
(4)(a)
(ix) and (x) and 
53-29-404(7)
, an offender is not 
required to provide the department with:
(a)
the offender's online identifier and password used exclusively for the offender's 
employment on equipment provided by an employer and used to access the 
employer's private network; or
(b)
online identifiers for the offender's financial accounts, including a bank, retirement, 
or investment account.
(6)
Notwithstanding Title 77, Chapter 40a, Expungement of Criminal Records, an offender 
convicted of a registrable offense is required to register in accordance with this section 
unless the offender is removed from the registry under Section 
53-29-207
.
(7)
Except as provided in Subsection 
53-29-404(7)
, in the case of an offender adjudicated in 
another jurisdiction as a juvenile and required to register under this chapter, the offender 
shall register in the time period and in the frequency consistent with the requirements of 
Subsection (3).
(8)
(a)
An offender required to register on the registry shall, in the month of the 
offender's birth:
(i)
pay to the department an annual fee of $100 each year the offender is subject to 
the registration requirements of this chapter; and
(ii)
pay to the registering agency, if the registering agency is an agency other than the 
department, an annual fee of not more than $25, which may be assessed by that 
agency for providing registration.
(b)
Notwithstanding Subsection (8)(a), an offender who is confined in a secure facility 
or in a state mental hospital is not required to pay the annual fee.
(c)
The department shall deposit fees collected in accordance with this chapter into the 
General Fund as a dedicated credit, to be used by the department for maintaining the 
offender registry under this chapter and monitoring offender registration compliance, 
including the costs of:
(i)
data entry;
(ii)
processing registration packets;
(iii)
updating registry information; and
(iv)
reporting an offender not in compliance with registration requirements to a law 
enforcement agency.
Section 28, Section 
53-29-305
 is enacted to read:
53-29-305
. Failing to register or providing false or incomplete information -- 
Penalties.
(1)
An offender who knowingly fails to register under this chapter or provides false or 
incomplete information is guilty of:
(a)
a third degree felony and shall be sentenced to serve a term of incarceration of not 
less than 30 days and also at least one year of probation if:
(i)
the offender is required to register for a registrable offense that is a felony or 
adjudicated delinquent for a registrable offense committed before May 3, 2023, 
that would be a felony if the juvenile were an adult; or
(ii)
the offender is required to register for the offender's lifetime as described in 
Subsection 
53-29-203(1)(b)
; or
(b)
a class A misdemeanor and shall be sentenced to serve a term of incarceration of not 
less than 30 days and also at least one year of probation if the offender is required to 
register for a misdemeanor conviction that is a registrable offense or is adjudicated 
delinquent for a registrable offense committed before May 3, 2023, that would be a 
misdemeanor if the juvenile were an adult.
(2)
(a)
The court or Board of Pardons and Parole may not release an individual who 
violates this chapter from serving the term required under Subsection (1).
(b)
This Subsection (2) supersedes any other provision of the law contrary to this chapter.
(3)
The offender shall register for an additional year for every year in which the offender 
does not comply with the registration requirements of this chapter.
Section 29, Section 
53-29-306
, which is renumbered from Section 77-27-21.7 is renumbered 
and amended to read:
77-27-21.7
53-29-306
. Sex offender restrictions.
(1)
As used in this section:
(a)
"Condominium project" means the same as that term is defined in Section 
57-8-3
.
(b)
"Minor" means an individual who is younger than 18 years old
;
.
(c)
(i)
"Protected area" means the premises occupied by:
(A)
a licensed day care or preschool facility;
(B)
a public swimming pool or a swimming pool maintained, operated, or owned 
by a homeowners' association, condominium project, or apartment complex;
(C)
a public or private primary or secondary school that is not on the grounds of a 
correctional facility;
(D)
a community park that is open to the public or a park maintained, operated, or 
owned by a homeowners' association, condominium project, or apartment 
complex;
(E)
a public playground or a playground maintained, operated, or owned by a 
homeowners' association, condominium project, or apartment complex, 
including those areas designed to provide minors with space, recreational 
equipment, or other amenities intended to allow minors to engage in physical 
activity; and
(F)
except as provided in Subsection (1)(c)(ii), an area that is 1,000 feet or less 
from the residence of a victim of the sex offender if the sex offender is subject 
to a victim requested restriction.
(ii)
"Protected area" does not include:
(A)
the area described in Subsection (1)(c)(i)(F) if the victim is a member of the 
immediate family of the sex offender and the terms of the sex offender's 
agreement of probation or parole allow the sex offender to reside in the same 
residence as the victim;
(B)
a park, playground, or swimming pool located on the property of a residential 
home;
(C)
a park or swimming pool that prohibits minors at all times from using the park 
or swimming pool; or
(D)
a park or swimming pool maintained, operated, or owned by a homeowners' 
association, condominium project, or apartment complex established for 
residents 55 years old or older if no minors are present at the park or swimming 
pool at the time the sex offender is present at the park or swimming pool.
(d)
"Sex offender" means an adult or juvenile who is required to register in accordance 
with Title 77, Chapter 41, Sex, Kidnap, and Child Abuse Offender Registry, due to a 
conviction for an offense that is committed against a person younger than 18 years 
old.
(2)
For purposes of Subsection (1)(c)(i)(F), a sex offender
 who has committed a registrable 
offense against an individual younger than 18 years old
 is subject to a victim requested 
restriction if:
(a)
the sex offender is on probation or parole for an offense that requires the offender to 
register in accordance with 
Title 77, Chapter 41, Sex, Kidnap, and Child Abuse 
Offender Registry
this chapter
;
(b)
the victim or the victim's parent or guardian advises the 
Department of Public Safety
department
 that the victim elects to restrict the sex offender from the area and 
authorizes the 
Department of Public Safety
department
 to advise the sex offender of 
the area where the victim resides; and
(c)
the 
Department of Public Safety
department
 notifies the sex offender in writing that 
the sex offender is prohibited from being in the area described in Subsection 
(1)(c)(i)(F) and provides a description of the location of the protected area to the sex 
offender.
(3)
A sex offender
 who has committed a registrable offense against an individual younger 
than 18 years old
 may not:
(a)
be in a protected area except:
(i)
when the sex offender must be in a protected area to perform the sex offender's 
parental responsibilities;
(ii)
(A)
when the protected area is a public or private primary or secondary school; 
and
(B)
the school is open and being used for a public activity other than a 
school-related function that involves a minor; or
(iii)
(A)
if the protected area is a licensed day care or preschool facility located 
within a building that is open to the public for purposes other than the 
operation of the day care or preschool facility; and
(B)
the sex offender does not enter a part of the building that is occupied by the 
day care or preschool facility; or
(b)
serve as an athletic coach, manager, or trainer for a sports team of which a minor 
who is younger than 18 years old is a member.
(4)
A sex offender who violates this section is guilty of:
(a)
a class A misdemeanor; or
(b)
if previously convicted of violating this section within the last ten years, a third 
degree felony.
Section 30, Section 
53-29-307
, which is renumbered from Section 77-27-21.8 is renumbered 
and amended to read:
77-27-21.8
53-29-307
. Sex offender in presence of a child -- Definitions -- 
Penalties.
(1)
As used in this section:
(a)
"Accompany" means:
(i)
to be in the presence of an individual; and
(ii)
to move or travel with that individual from one location to another, whether 
outdoors, indoors, or in or on any type of vehicle.
(b)
"Child" means an individual younger than 14 years 
of age
old
.
(2)
A sex offender subject to registration in accordance with 
Title 77, Chapter 41, Sex, 
Kidnap, and Child Abuse Offender Registry
this chapter
, for 
an
a registrable
 offense 
committed or attempted to be committed against a child younger than 14 years 
of age
old
 is guilty of a class A misdemeanor if the sex offender requests, invites, or solicits a 
child to accompany the sex offender, under circumstances that do not constitute an 
attempt to violate Section 
76-5-301.1
, child kidnapping, unless:
(a)
(i)
the sex offender, prior to accompanying the child:
(A)
verbally advises the child's parent or legal guardian that the sex offender is on 
the state sex offender registry and is required by state law to obtain written 
permission in order for the sex offender to accompany the child; and
(B)
requests that the child's parent or legal guardian provide written authorization 
for the sex offender to accompany the child, including the specific dates and 
locations;
(ii)
the child's parent or legal guardian has provided to the sex offender written 
authorization, including the specific dates and locations, for the sex offender to 
accompany the child; and
(iii)
the sex offender has possession of the written authorization and is accompanying 
the child only at the dates and locations specified in the authorization;
(b)
the child's parent or guardian has verbally authorized the sex offender to accompany 
the child either in the child's residence or on property appurtenant to the child's 
residence, but in no other locations; or
(c)
the child is the natural child of the sex offender, and the offender is not prohibited by 
any court order, or probation or parole provision, from contact with the child.
(3)
(a)
A sex offender convicted of a violation of Subsection (2) is subject to registration 
in accordance with 
Title 77, Chapter 41, Sex, Kidnap, and Child Abuse Offender 
Registry
this chapter
, for an additional five years subsequent to the required 
registration 
under Section 
77-41-105
described in Section 
53-29-203
.
(b)
The period of additional registration imposed under Subsection (3)(a) is also in 
addition to any period of registration imposed under Subsection 
77-41-107
(3)
53-29-305(3)
 for failure to comply with registration requirements.
(4)
It is not a defense to a prosecution under this section that the defendant mistakenly 
believed the individual to be 14 years 
of age
old
 or older at the time of the offense or 
was unaware of the individual's true age.
(5)
This section does not apply if a sex offender is acting to rescue a child who is in an 
emergency and life-threatening situation.
Section 31, Section 
53-29-401
 is enacted to read:
4. Department Functions Related to the Registry
53-29-401
. Definitions.
Reserved.
Section 32, Section 
53-29-402
 is enacted to read:
53-29-402
. Department responsibilities related to the registry.
(1)
The department shall:
(a)
maintain the registration website;
(b)
ensure that the registration information collected regarding an offender's enrollment 
or employment at an educational institution is:
(i)
(A)
promptly made available to any law enforcement agency that has 
jurisdiction where the institution is located if the educational institution is an 
institution of higher education; or
(B)
promptly made available to the district superintendent of the school district 
where the offender is employed if the educational institution is an institution of 
primary education; and
(ii)
entered into the appropriate state records or data system; and
(c)
make available to an offender the name of the local law enforcement agency or state 
agency that the offender should contact to register, the location for registering, and 
the requirements of registration.
(2)
(a)
When the department receives offender registration information regarding a 
change of an offender's primary residence, the department shall, within five days 
after the day on which the department receives the information, electronically notify 
the law enforcement agencies that have jurisdiction over the area where:
(i)
the residence that the offender is leaving is located; and
(ii)
the residence to which the offender is moving is located.
(b)
The department shall provide notification under Subsection 
(2)(a)
 if the offender's 
change of address is:
(i)
between law enforcement agency jurisdictions; or
(ii)
within one law enforcement agency jurisdiction.
(3)
The department may make administrative rules necessary to implement this chapter, 
including:
(a)
the method for dissemination of the information; and
(b)
instructions to the public regarding the use of the information.
Section 33, Section 
53-29-403
 is enacted to read:
53-29-403
. Intervention in legal action by the department.
(1)
Subject to Subsection (2), the department may intervene in any matter, including a 
criminal action, where the matter purports to affect an individual's registration 
requirements under this chapter.
(2)
The department may only file a motion to intervene under Subsection (1) within 60 days 
after the day on which:
(a)
the sentencing court enters a judgment or sentence against an individual for a 
registrable offense, if the details of the written plea agreement, judgment, or sentence 
indicate that the individual's registration requirements under this chapter could be 
affected; or
(b)
a court modifies, withdraws, sets aside, vacates, or otherwise alters an individual's 
conviction for a registrable offense, affecting the individual's registration requirement 
under this chapter if the written plea agreement, judgment, or sentence entered at the 
time the individual was sentenced did not indicate that the individual's registration 
requirement could be affected.
Section 34, Section 
53-29-404
 is enacted to read:
53-29-404
. Sex, Kidnap, and Child Abuse Offender Notification and 
Registration website.
(1)
The department shall maintain a Sex, Kidnap, and Child Abuse Offender Notification 
and Registration website on the Internet available to the public.
(2)
The registration website shall be indexed by both the surname of the offender and by 
postal codes.
(3)
(a)
Except as provided in Subsection 
(3)(b)
, the registration website shall include the 
following information:
(i)
all names and aliases by which the offender is or has been known, but not 
including any online identifiers;
(ii)
the addresses of the offender's primary, secondary, and temporary residences;
(iii)
a physical description, including the offender's date of birth, height, weight, eye 
color, and hair color;
(iv)
the make, model, color, year, and plate number of any vehicle or vehicles the 
offender owns or regularly drives;
(v)
a current photograph of the offender;
(vi)
a list of all professional licenses that authorize the offender to engage in an 
occupation or carry out a trade or business;
(vii)
each educational institution in Utah at which the offender is employed or is a 
student;
(viii)
a list of places where the offender works as a volunteer;
(ix)
any registrable offenses for which the offender has been convicted or 
adjudicated; and
(x)
other relevant identifying information of the offender as determined by the 
department.
(b)
The department shall redact any information the department receives under 
Subsection 
(3)
(a) that, if disclosed, could reasonably identify a victim.
(4)
(a)
The department shall enable the public to search the registration website to 
determine if the following search criteria are linked to an offender:
(i)
telephone numbers or other designations for an offender provided under 
Subsection 
53-29-304(4)(a)(vii)
;
(ii)
online identifiers or other addresses for an offender provided under Subsection 
53-29-304(4)(a)(ix)
; and
(iii)
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.
(b)
The department shall ensure that a search performed using the criteria in Subsection 
(4)(a):
(i)
provides the individual requesting the search with only information regarding 
whether the criteria are linked to an offender; and
(ii)
does not return the name or any other identifying information about an offender.
(c)
The department is not required to:
(i)
report the results of the search under Subsection (4)(a) to a law enforcement 
agency; or
(ii)
based on the results of a search under Subsection (4)(a), open an investigation.
(5)
(a)
Subject to Subsection 
(5)(b)
, the department shall place a disclaimer on the 
registration website informing the public that:
(i)
the information contained on the site is obtained from offenders and the 
department does not guarantee the information's accuracy or completeness;
(ii)
members of the public are not allowed to use the information to harass or threaten 
an offender or a member of an offender's family; and
(iii)
harassment, stalking, or threats against an offender or an offender's family are 
prohibited and may violate Utah criminal laws.
(b)
Before a user may access the registry website, the department shall require the user 
to indicate that the user has read the disclaimer, understands the disclaimer, and 
agrees to comply with the disclaimer's terms.
(6)
(a)
If an offender was under 18 years old at the time of committing a registrable 
offense described in Subsection 
53-29-202(1)(a)
, (c), or (f), and as a result is required 
to register on the registry, the department shall maintain, but not publish, the 
offender's information on the registration website.
(b)
(i)
If, based on the information provided to the department by the sentencing court, 
prosecuting entity, offender, or offender's counsel, the department cannot 
determine whether the offender is eligible for an exemption to publication on the 
registration website as described in Subsection (6)(a), the department shall 
continue to publish the offender's information on the registration website.
(ii)
Information may be provided to the department at any time in order to clarify the 
offender's age at the time the offender committed the registrable offense.
(iii)
This section does not prohibit the department from seeking or receiving 
information from individuals or entities other than those identified in Subsection 
(6)(b)(i)
.
(c)
This Subsection 
(6)
:
(i)
applies to an offender with a registration requirement on or after May 3, 2023, 
regardless of when the offender was first required to register; and
(ii)
does not apply to an offender who is required to register for the offender's lifetime 
due to the offender being convicted of two or more registrable offenses or being 
convicted of one registrable offense and, at the time of the conviction for the 
registrable offense, being previously required to register as an offender for an 
offense committed as a juvenile as described in Subsection 
53-29-203(1)(b)
.
(7)
In the case of an offender adjudicated in an external jurisdiction as a juvenile and 
required to register under this chapter the department shall maintain, but not publish, the 
offender's information on the registration website if the external jurisdiction where the 
juvenile offender was adjudicated does not publish the juvenile offender's information 
on a public website.
(8)
Any information in the department's possession not listed in Subsection 
(3)(a)
 that is not 
available to the public shall be shared:
(a)
for a purpose under this chapter; or
(b)
in accordance with Section 
63G-2-206
.
Section 35, Section 
53-29-405
 is enacted to read:
53-29-405
. Removal for offenses or convictions for which registration is no 
longer required.
(1)
The department shall automatically remove an individual who is currently on the 
registry if:
(a)
the only offense or offenses for which the individual is on the registry are listed in 
Subsection (2); or
(b)
the department receives a formal notification or order from the court or the Board of 
Pardons and Parole that the conviction for the registrable offense for which the 
individual is on the registry has been reversed, vacated, or pardoned.
(2)
The offenses described in Subsection (1)(a) are:
(a)
a class B or class C misdemeanor for enticing a minor under Section 
76-4-401
;
(b)
kidnapping under Subsection 
76-5-301(2)(a)
 or (b);
(c)
child kidnapping under Section 
76-5-301.1
, if the offender was the natural parent of 
the child victim;
(d)
unlawful detention under Section 
76-5-304
;
(e)
a third degree felony for unlawful sexual intercourse before 1986, or a class B 
misdemeanor for unlawful sexual intercourse, under Section 
76-5-401
; or
(f)
sodomy, but not forcible sodomy, under Section 
76-5-403
.
(3)
The department shall notify an individual who has been removed from the registry in 
accordance with Subsection (1) and inform the individual in the notice that the 
individual is no longer required to register as an offender.
(4)
An individual who is currently on the registry may submit a request to the department to 
be removed from the registry if the individual believes that the individual qualifies for 
removal under Subsection 
(1)
.
(5)
The department, upon receipt of a request for removal from the registry in accordance 
with this section, shall:
(a)
check the registry for the individual's current status;
(b)
determine whether the individual qualifies for removal based upon this section; and
(c)
notify the individual in writing of the department's determination and whether the 
individual:
(i)
qualifies for removal from the registry; or
(ii)
does not qualify for removal.
(6)
If the department determines that the individual qualifies for removal from the registry, 
the department shall remove the offender from the registry.
(7)
(a)
If the department determines that the individual does not qualify for removal from 
the registry, the department shall provide an explanation in writing for the 
department's determination.
(b)
The department's determination under Subsection 
(7)(a)
 is final and not subject to 
administrative review.
(8)
The department or an employee of the department is not civilly liable for a 
determination made in good faith in accordance with this section.
(9)
(a)
The department shall provide a response to a request for removal within 30 days 
after the day on which the department receives the request.
(b)
If the response under Subsection (9)(a) cannot be provided within 30 days after the 
day on which the department receives the request, the department shall notify the 
individual that the response may be delayed up to 30 additional days.
Section 36, Section 
57-8-3
 is amended to read:
57-8-3
. Definitions.
As used in this chapter:
(1)
"Assessment" means any charge imposed by the association, including:
(a)
common expenses on or against a unit owner pursuant to the provisions of the 
declaration, bylaws, or this chapter; and
(b)
an amount that an association of unit owners assesses to a unit owner under 
Subsection 
57-8-43
(9)(g).
(2)
"Association of unit owners" or "association" means all of the unit owners:
(a)
acting as a group in accordance with the declaration and bylaws; or
(b)
organized as a legal entity in accordance with the declaration.
(3)
"Building" means a building, containing units, and comprising a part of the property.
(4)
"Commercial condominium project" means a condominium project that has no 
residential units within the project.
(5)
"Common areas and facilities" unless otherwise provided in the declaration or lawful 
amendments to the declaration means:
(a)
the land included within the condominium project, whether leasehold or in fee 
simple;
(b)
the foundations, columns, girders, beams, supports, main walls, roofs, halls, 
corridors, lobbies, stairs, stairways, fire escapes, entrances, and exits of the building;
(c)
the basements, yards, gardens, parking areas, and storage spaces;
(d)
the premises for lodging of janitors or persons in charge of the property;
(e)
installations of central services such as power, light, gas, hot and cold water, heating, 
refrigeration, air conditioning, and incinerating;
(f)
the elevators, tanks, pumps, motors, fans, compressors, ducts, and in general all 
apparatus and installations existing for common use;
(g)
such community and commercial facilities as may be provided for in the declaration; 
and
(h)
all other parts of the property necessary or convenient to its existence, maintenance, 
and safety, or normally in common use.
(6)
"Common expenses" means:
(a)
all sums lawfully assessed against the unit owners;
(b)
expenses of administration, maintenance, repair, or replacement of the common areas 
and facilities;
(c)
expenses agreed upon as common expenses by the association of unit owners; and
(d)
expenses declared common expenses by this chapter, or by the declaration or the 
bylaws.
(7)
"Common profits," unless otherwise provided in the declaration or lawful amendments 
to the declaration, means the balance of all income, rents, profits, and revenues from the 
common areas and facilities remaining after the deduction of the common expenses.
(8)
"Condominium" means the ownership of a single unit in a multiunit project together 
with an undivided interest in common in the common areas and facilities of the property.
(9)
"Condominium plat" means a plat or plats of survey of land and units prepared in 
accordance with Section 
57-8-13
.
(10)
"Condominium project" means a real estate condominium project; a plan or project 
whereby two or more units, whether contained in existing or proposed apartments, 
commercial or industrial buildings or structures, or otherwise, are separately offered or 
proposed to be offered for sale. Condominium project also means the property when the 
context so requires.
(11)
"Condominium unit" means a unit together with the undivided interest in the common 
areas and facilities appertaining to that unit. Any reference in this chapter to a 
condominium unit includes both a physical unit together with its appurtenant undivided 
interest in the common areas and facilities and a time period unit together with its 
appurtenant undivided interest, unless the reference is specifically limited to a time 
period unit.
(12)
"Contractible condominium" means a condominium project from which one or more 
portions of the land within the project may be withdrawn in accordance with provisions 
of the declaration and of this chapter. If the withdrawal can occur only by the expiration 
or termination of one or more leases, then the condominium project is not a contractible 
condominium within the meaning of this chapter.
(13)
"Convertible land" means a building site which is a portion of the common areas and 
facilities, described by metes and bounds, within which additional units or limited 
common areas and facilities may be created in accordance with this chapter.
(14)
"Convertible space" means a portion of the structure within the condominium project, 
which portion may be converted into one or more units or common areas and facilities, 
including limited common areas and facilities in accordance with this chapter.
(15)
"Declarant" means all persons who execute the declaration or on whose behalf the 
declaration is executed. From the time of the recordation of any amendment to the 
declaration expanding an expandable condominium, all persons who execute that 
amendment or on whose behalf that amendment is executed shall also come within this 
definition. Any successors of the persons referred to in this subsection who come to 
stand in the same relation to the condominium project as their predecessors also come 
within this definition.
(16)
"Declaration" means the instrument by which the property is submitted to the 
provisions of this act, as it from time to time may be lawfully amended.
(17)
"Electrical corporation" means the same as that term is defined in Section 
54-2-1
.
(18)
"Expandable condominium" means a condominium project to which additional land or 
an interest in it may be added in accordance with the declaration and this chapter.
(19)
"Gas corporation" means the same as that term is defined in Section 
54-2-1
.
(20)
"Governing documents":
(a)
means a written instrument by which an association of unit owners may:
(i)
exercise powers; or
(ii)
manage, maintain, or otherwise affect the property under the jurisdiction of the 
association of unit owners; and
(b)
includes:
(i)
articles of incorporation;
(ii)
bylaws;
(iii)
a plat;
(iv)
a declaration of covenants, conditions, and restrictions; and
(v)
rules of the association of unit owners.
(21)
"Independent third party" means a person that:
(a)
is not related to the unit owner;
(b)
shares no pecuniary interests with the unit owner; and
(c)
purchases the unit in good faith and without the intent to defraud a current or future 
lienholder.
(22)
"Judicial foreclosure" means a foreclosure of a unit:
(a)
for the nonpayment of an assessment;
(b)
in the manner provided by law for the foreclosure of a mortgage on real property; and
(c)
as provided in this chapter.
(23)
"Leasehold condominium" means a condominium project in all or any portion of 
which each unit owner owns an estate for years in his unit, or in the land upon which 
that unit is situated, or both, with all those leasehold interests to expire naturally at the 
same time. A condominium project including leased land, or an interest in the land, 
upon which no units are situated or to be situated is not a leasehold condominium within 
the meaning of this chapter.
(24)
"Limited common areas and facilities" means those common areas and facilities 
designated in the declaration as reserved for use of a certain unit or units to the exclusion 
of the other units.
(25)
"Majority" or "majority of the unit owners," unless otherwise provided in the 
declaration or lawful amendments to the declaration, means the owners of more than 
50% in the aggregate in interest of the undivided ownership of the common areas and 
facilities.
(26)
"Management committee" means the committee as provided in the declaration charged 
with and having the responsibility and authority to make and to enforce all of the 
reasonable rules covering the operation and maintenance of the property.
(27)
"Management committee meeting" means a gathering of a management committee, 
whether in person or by means of electronic communication, at which the management 
committee can take binding action.
(28)
(a)
"Means of electronic communication" means an electronic system that allows 
individuals to communicate orally in real time.
(b)
"Means of electronic communication" includes:
(i)
web conferencing;
(ii)
video conferencing; and
(iii)
telephone conferencing.
(29)
"Mixed-use condominium project" means a condominium project that has both 
residential and commercial units in the condominium project.
(30)
"Nonjudicial foreclosure" means the sale of a unit:
(a)
for the nonpayment of an assessment;
(b)
in the same manner as the sale of trust property under Sections 
57-1-19
 through 
57-1-34
; and
(c)
as provided in this chapter.
(31)
"Par value" means a number of dollars or points assigned to each unit by the 
declaration. Substantially identical units shall be assigned the same par value, but units 
located at substantially different heights above the ground, or having substantially 
different views, or having substantially different amenities or other characteristics that 
might result in differences in market value, may be considered substantially identical 
within the meaning of this subsection. If par value is stated in terms of dollars, that 
statement may not be considered to reflect or control the sales price or fair market value 
of any unit, and no opinion, appraisal, or fair market transaction at a different figure may 
affect the par value of any unit, or any undivided interest in the common areas and 
facilities, voting rights in the unit owners' association, liability for common expenses, or 
right to common profits, assigned on the basis thereof.
(32)
"Period of administrative control" means the period of control described in Subsection 
57-8-16.5
(1).
(33)
"Person" means an individual, corporation, partnership, association, trustee, or other 
legal entity.
(34)
"Political sign" means any sign or document that advocates:
(a)
the election or defeat of a candidate for public office; or
(b)
the approval or defeat of a ballot proposition.
(35)
"Property" means the land, whether leasehold or in fee simple, the building, if any, all 
improvements and structures thereon, all easements, rights, and appurtenances belonging 
thereto, and all articles of personal property intended for use in connection therewith.
(36)
"Protected area" means the same as that term is defined in Section 
77-27-21.7
53-29-306
.
(37)
"Record," "recording," "recorded," and "recorder" have the meaning stated in Chapter 
3, Recording of Documents.
(38)
"Rentals" or "rental unit" means:
(a)
a unit that:
(i)
is not owned by an entity or trust; and
(ii)
is occupied by an individual while the unit owner is not occupying the unit as the 
unit owner's primary residence; or
(b)
an occupied unit owned by an entity or trust, regardless of who occupies the unit.
(39)
"Size" means the number of cubic feet, or the number of square feet of ground or floor 
space, within each unit as computed by reference to the record of survey map and 
rounded off to a whole number. Certain spaces within the units including attic, 
basement, or garage space may be omitted from the calculation or be partially 
discounted by the use of a ratio, if the same basis of calculation is employed for all units 
in the condominium project and if that basis is described in the declaration.
(40)
"Time period unit" means an annually recurring part or parts of a year specified in the 
declaration as a period for which a unit is separately owned and includes a timeshare 
estate as defined in Section 
57-19-2
.
(41)
"Unconstructed unit" means a unit that:
(a)
is intended, as depicted in the condominium plat, to be fully or partially contained in 
a building; and
(b)
is not constructed.
(42)
(a)
"Unit" means a separate part of the property intended for any type of 
independent use, which is created by the recording of a declaration and a 
condominium plat that describes the unit boundaries.
(b)
"Unit" includes one or more rooms or spaces located in one or more floors or a 
portion of a floor in a building.
(c)
"Unit" includes a convertible space, in accordance with Subsection 
57-8-13.4
(3).
(43)
"Unit number" means the number, letter, or combination of numbers and letters 
designating the unit in the declaration and in the record of survey map.
(44)
"Unit owner" means the person or persons owning a unit in fee simple and an 
undivided interest in the fee simple estate of the common areas and facilities in the 
percentage specified and established in the declaration or, in the case of a leasehold 
condominium project, the person or persons whose leasehold interest or interests in the 
condominium unit extend for the entire balance of the unexpired term or terms.
(45)
"Water wise landscaping" means:
(a)
installation of plant materials, suited to the microclimate and soil conditions, that can:
(i)
remain healthy with minimal irrigation once established; or
(ii)
be maintained without the use of overhead spray irrigation;
(b)
use of water for outdoor irrigation through proper and efficient irrigation design and 
water application; or
(c)
use of other landscape design features that:
(i)
minimize the landscape's need for supplemental water from irrigation;
(ii)
reduce the landscape area dedicated to lawn or turf; or
(iii)
encourage vegetative coverage.
(46)
"Water wise plant material" means a plant material suited to water wise landscaping.
Section 37, Section 
57-8-8.1
 is amended to read:
57-8-8.1
. Equal treatment by rules required -- Limits on rules.
(1)
(a)
Except as provided in Subsection (1)(b), a rule shall treat similarly situated unit 
owners similarly.
(b)
Notwithstanding Subsection (1)(a), a rule may:
(i)
vary according to the level and type of service that the association of unit owners 
provides to unit owners;
(ii)
differ between residential and nonresidential uses; or
(iii)
for a unit that a unit owner leases for a term of less than 30 days, impose a 
reasonable limit on the number of individuals that may use the common areas and 
facilities as the rental unit tenant's guest or as the unit owner's guest.
(2)
(a)
If a unit owner owns a rental unit and is in compliance with the association of unit 
owners' governing documents and any rule that the association of unit owners adopts 
under Subsection (5), a rule may not treat the unit owner differently because the unit 
owner owns a rental unit.
(b)
Notwithstanding Subsection (2)(a), a rule may:
(i)
limit or prohibit a rental unit owner from using the common areas and facilities for 
purposes other than attending an association meeting or managing the rental unit;
(ii)
if the rental unit owner retains the right to use the association of unit owners' 
common areas and facilities, even occasionally:
(A)
charge a rental unit owner a fee to use the common areas and facilities; and
(B)
for a unit that a unit owner leases for a term of less than 30 days, impose a 
reasonable limit on the number of individuals that may use the common areas 
and facilities as the rental unit tenant's guest or as the unit owner's guest; or
(iii)
include a provision in the association of unit owners' governing documents that:
(A)
requires each tenant of a rental unit to abide by the terms of the governing 
documents; and
(B)
holds the tenant and the rental unit owner jointly and severally liable for a 
violation of a provision of the governing documents.
(3)
(a)
A rule may not interfere with the freedom of a unit owner to determine the 
composition of the unit owner's household.
(b)
Notwithstanding Subsection (3)(a), an association of unit owners may:
(i)
require that all occupants of a dwelling be members of a single housekeeping unit; 
or
(ii)
limit the total number of occupants permitted in each residential dwelling on the 
basis of the residential dwelling's:
(A)
size and facilities; and
(B)
fair use of the common areas and facilities.
(4)
Unless contrary to a declaration, a rule may require a minimum lease term.
(5)
Unless otherwise provided in the declaration, an association of unit owners may by rule:
(a)
regulate the use, maintenance, repair, replacement, and modification of common 
areas and facilities;
(b)
impose and receive any payment, fee, or charge for:
(i)
the use, rental, or operation of the common areas, except limited common areas 
and facilities; and
(ii)
a service provided to a unit owner;
(c)
impose a charge for a late payment of an assessment; or
(d)
provide for the indemnification of the association of unit owners' officers and 
management committee consistent with Title 16, Chapter 6a, Utah Revised Nonprofit 
Corporation Act.
(6)
(a)
Except as provided in Subsection (6)(b), a rule may not prohibit a unit owner from 
installing a personal security camera immediately adjacent to the entryway, window, 
or other outside entry point of the owner's condominium unit.
(b)
A rule may prohibit a unit owner from installing a personal security camera in a 
common area not physically connected to the owner's unit.
(7)
(a)
A rule may not abridge the right of a unit owner to display a religious or holiday 
sign, symbol, or decoration inside the owner's condominium unit.
(b)
An association may adopt a reasonable time, place, and manner restriction with 
respect to a display that is visible from the exterior of a unit.
(8)
(a)
A rule may not:
(i)
prohibit a unit owner from displaying in a window of the owner's condominium 
unit:
(A)
a for-sale sign; or
(B)
a political sign;
(ii)
regulate the content of a political sign; or
(iii)
establish design criteria for a political sign.
(b)
Notwithstanding Subsection (8)(a), a rule may reasonably regulate the size and time, 
place, and manner of posting a for-sale sign or a political sign.
(9)
For any area for which one or more unit owners are responsible for landscape 
maintenance, the association of unit owners:
(a)
shall adopt rules supporting water wise landscaping, including:
(i)
low water use requirements on lawns during drought conditions;
(ii)
design criterion for water wise landscaping; and
(iii)
limiting permissible plant material to specific water wise plant material;
(b)
may not prohibit low water use on lawns during drought conditions; and
(c)
may not prohibit or restrict the conversion of a grass park strip to water-efficient 
landscaping.
(10)
A rule may restrict a sex offender from accessing a protected area that is maintained, 
operated, or owned by the association, subject to the exceptions described in Subsection 
77-27-21.7
(3)
53-29-306(3)
.
(11)
(a)
Except as provided in this Subsection (11), a rule may not prohibit a unit owner 
from making modifications, consistent with industry standards, for radon mitigation.
(b)
Subsection (11)(a) does not apply if the modifications would violate:
(i)
a local land use ordinance;
(ii)
a building code;
(iii)
a health code; or
(iv)
a fire code.
(c)
A rule governing the placement or external appearance of modifications may apply to 
modifications for radon mitigation unless the rule would:
(i)
unreasonably interfere with the modifications' functionality; or
(ii)
add more than 40% of the modifications' original cost to the cost of installing the 
modifications.
(d)
A rule may require that a unit owner making modifications related to radon 
mitigation:
(i)
demonstrate or provide proof of radon contamination; and
(ii)
provide proof that the modifications and any related construction will be 
performed by a licensed person.
(12)
A rule shall be reasonable.
(13)
A declaration, or an amendment to a declaration, may vary any of the requirements of 
Subsections (1) through (5), except Subsection (1)(b)(ii).
(14)
This section applies to an association of unit owners regardless of when the association 
of unit owners is created.
Section 38, Section 
57-8a-102
 is amended to read:
57-8a-102
. Definitions.
As used in this chapter:
(1)
(a)
"Assessment" means a charge imposed or levied:
(i)
by the association;
(ii)
on or against a lot or a lot owner; and
(iii)
pursuant to a governing document recorded with the county recorder.
(b)
"Assessment" includes:
(i)
a common expense; and
(ii)
an amount assessed against a lot owner under Subsection 
57-8a-405
(7).
(2)
(a)
Except as provided in Subsection (2)(b), "association" means a corporation or 
other legal entity, any member of which:
(i)
is an owner of a residential lot located within the jurisdiction of the association, as 
described in the governing documents; and
(ii)
by virtue of membership or ownership of a residential lot is obligated to pay:
(A)
real property taxes;
(B)
insurance premiums;
(C)
maintenance costs; or
(D)
for improvement of real property not owned by the member.
(b)
"Association" or "homeowner association" does not include an association created 
under Chapter 8, Condominium Ownership Act.
(3)
"Board meeting" means a gathering of a board, whether in person or by means of 
electronic communication, at which the board can take binding action.
(4)
"Board of directors" or "board" means the entity, regardless of name, with primary 
authority to manage the affairs of the association.
(5)
"Common areas" means property that the association:
(a)
owns;
(b)
maintains;
(c)
repairs; or
(d)
administers.
(6)
"Common expense" means costs incurred by the association to exercise any of the 
powers provided for in the association's governing documents.
(7)
"Declarant":
(a)
means the person who executes a declaration and submits it for recording in the 
office of the recorder of the county in which the property described in the declaration 
is located; and
(b)
includes the person's successor and assign.
(8)
"Director" means a member of the board of directors.
(9)
"Electrical corporation" means the same as that term is defined in Section 
54-2-1
.
(10)
"Gas corporation" means the same as that term is defined in Section 
54-2-1
.
(11)
(a)
"Governing documents" means a written instrument by which the association 
may:
(i)
exercise powers; or
(ii)
manage, maintain, or otherwise affect the property under the jurisdiction of the 
association.
(b)
"Governing documents" includes:
(i)
articles of incorporation;
(ii)
bylaws;
(iii)
a plat;
(iv)
a declaration of covenants, conditions, and restrictions; and
(v)
rules of the association.
(12)
"Independent third party" means a person that:
(a)
is not related to the owner of the residential lot;
(b)
shares no pecuniary interests with the owner of the residential lot; and
(c)
purchases the residential lot in good faith and without the intent to defraud a current 
or future lienholder.
(13)
"Judicial foreclosure" means a foreclosure of a lot:
(a)
for the nonpayment of an assessment;
(b)
in the manner provided by law for the foreclosure of a mortgage on real property; and
(c)
as provided in Part 3, Collection of Assessments.
(14)
"Lease" or "leasing" means regular, exclusive occupancy of a lot:
(a)
by a person or persons other than the owner; and
(b)
for which the owner receives a consideration or benefit, including a fee, service, 
gratuity, or emolument.
(15)
"Limited common areas" means common areas described in the declaration and 
allocated for the exclusive use of one or more lot owners.
(16)
"Lot" means:
(a)
a lot, parcel, plot, or other division of land:
(i)
designated for separate ownership or occupancy; and
(ii)
(A)
shown on a recorded subdivision plat; or
(B)
the boundaries of which are described in a recorded governing document; or
(b)
(i)
a unit in a condominium association if the condominium association is a part of 
a development; or
(ii)
a unit in a real estate cooperative if the real estate cooperative is part of a 
development.
(17)
(a)
"Means of electronic communication" means an electronic system that allows 
individuals to communicate orally in real time.
(b)
"Means of electronic communication" includes:
(i)
web conferencing;
(ii)
video conferencing; and
(iii)
telephone conferencing.
(18)
"Mixed-use project" means a project under this chapter that has both residential and 
commercial lots in the project.
(19)
"Nonjudicial foreclosure" means the sale of a lot:
(a)
for the nonpayment of an assessment;
(b)
in the same manner as the sale of trust property under Sections 
57-1-19
 through 
57-1-34
; and
(c)
as provided in Part 3, Collection of Assessments.
(20)
"Period of administrative control" means the period during which the person who filed 
the association's governing documents or the person's successor in interest retains 
authority to:
(a)
appoint or remove members of the association's board of directors; or
(b)
exercise power or authority assigned to the association under the association's 
governing documents.
(21)
"Political sign" means any sign or document that advocates:
(a)
the election or defeat of a candidate for public office; or
(b)
the approval or defeat of a ballot proposition.
(22)
"Protected area" means the same as that term is defined in Section 
77-27-21.7
.
(23)
"Rentals" or "rental lot" means:
(a)
a lot that:
(i)
is not owned by an entity or trust; and
(ii)
is occupied by an individual while the lot owner is not occupying the lot as the lot 
owner's primary residence;
(b)
an occupied lot owned by an entity or trust, regardless of who occupies the lot; or
(c)
an internal accessory dwelling unit as defined in Section 
10-9a-530
 or 
17-27a-526
.
(24)
"Residential lot" means a lot, the use of which is limited by law, covenant, or 
otherwise to primarily residential or recreational purposes.
(25)
(a)
"Rule" means a policy, guideline, restriction, procedure, or regulation of an 
association that:
(i)
is not set forth in a contract, easement, article of incorporation, bylaw, or 
declaration; and
(ii)
governs:
(A)
the conduct of persons; or
(B)
the use, quality, type, design, or appearance of real property or personal 
property.
(b)
"Rule" does not include the internal business operating procedures of a board.
(26)
"Sex offender" means 
the same as that term is defined in Section 
77-27-21.7
an 
individual who is a sex offender as described in Subsection 
53-29-202(2)(b)
 if the 
offense that the individual committed that resulted in the individual being a sex offender 
was committed against an individual younger than 18 years old
.
(27)
"Solar energy system" means:
(a)
a system that is used to produce electric energy from sunlight; and
(b)
the components of the system described in Subsection (27)(a).
Section 39, Section 
57-8a-218
 is amended to read:
57-8a-218
. Equal treatment by rules required -- Limits on association rules and 
design criteria.
(1)
(a)
Except as provided in Subsection 
(1)(b)
, a rule shall treat similarly situated lot 
owners similarly.
(b)
Notwithstanding Subsection 
(1)(a)
, a rule may:
(i)
vary according to the level and type of service that the association provides to lot 
owners;
(ii)
differ between residential and nonresidential uses; and
(iii)
for a lot that an owner leases for a term of less than 30 days, impose a reasonable 
limit on the number of individuals who may use the common areas and facilities 
as guests of the lot tenant or lot owner.
(2)
(a)
If a lot owner owns a rental lot and is in compliance with the association's 
governing documents and any rule that the association adopts under Subsection (4), a 
rule may not treat the lot owner differently because the lot owner owns a rental lot.
(b)
Notwithstanding Subsection 
(2)(a)
, a rule may:
(i)
limit or prohibit a rental lot owner from using the common areas for purposes 
other than attending an association meeting or managing the rental lot;
(ii)
if the rental lot owner retains the right to use the association's common areas, 
even occasionally:
(A)
charge a rental lot owner a fee to use the common areas; or
(B)
for a lot that an owner leases for a term of less than 30 days, impose a 
reasonable limit on the number of individuals who may use the common areas 
and facilities as guests of the lot tenant or lot owner; or
(iii)
include a provision in the association's governing documents that:
(A)
requires each tenant of a rental lot to abide by the terms of the governing 
documents; and
(B)
holds the tenant and the rental lot owner jointly and severally liable for a 
violation of a provision of the governing documents.
(3)
(a)
A rule criterion may not abridge the rights of a lot owner to display a religious or 
holiday sign, symbol, or decoration:
(i)
inside a dwelling on a lot; or
(ii)
outside a dwelling on:
(A)
a lot;
(B)
the exterior of the dwelling, unless the association has an ownership interest 
in, or a maintenance, repair, or replacement obligation for, the exterior; or
(C)
the front yard of the dwelling, unless the association has an ownership interest 
in, or a maintenance, repair, or replacement obligation for, the yard.
(b)
Notwithstanding Subsection 
(3)(a)
, the association may adopt a reasonable time, 
place, and manner restriction with respect to a display that is:
(i)
outside a dwelling on:
(A)
a lot;
(B)
the exterior of the dwelling; or
(C)
the front yard of the dwelling; and
(ii)
visible from outside the lot.
(4)
(a)
A rule may not prohibit a lot owner from displaying a political sign:
(i)
inside a dwelling on a lot; or
(ii)
outside a dwelling on:
(A)
a lot;
(B)
the exterior of the dwelling, regardless of whether the association has an 
ownership interest in the exterior; or
(C)
the front yard of the dwelling, regardless of whether the association has an 
ownership interest in the yard.
(b)
A rule may not regulate the content of a political sign.
(c)
Notwithstanding Subsection 
(4)(a)
, a rule may reasonably regulate the time, place, 
and manner of posting a political sign.
(d)
An association design provision may not establish design criteria for a political sign.
(5)
(a)
A rule may not prohibit a lot owner from displaying a for-sale sign:
(i)
inside a dwelling on a lot; or
(ii)
outside a dwelling on:
(A)
a lot;
(B)
the exterior of the dwelling, regardless of whether the association has an 
ownership interest in the exterior; or
(C)
the front yard of the dwelling, regardless of whether the association has an 
ownership interest in the yard.
(b)
Notwithstanding Subsection 
(5)(a)
, a rule may reasonably regulate the time, place, 
and manner of posting a for-sale sign.
(6)
(a)
A rule may not interfere with the freedom of a lot owner to determine the 
composition of the lot owner's household.
(b)
Notwithstanding Subsection 
(6)(a)
, an association may:
(i)
require that all occupants of a dwelling be members of a single housekeeping unit; 
or
(ii)
limit the total number of occupants permitted in each residential dwelling on the 
basis of the residential dwelling's:
(A)
size and facilities; and
(B)
fair use of the common areas.
(7)
(a)
A rule may not interfere with a reasonable activity of a lot owner within the 
confines of a dwelling or lot, including backyard landscaping or amenities, to the 
extent that the activity is in compliance with local laws and ordinances, including 
nuisance laws and ordinances.
(b)
Notwithstanding Subsection 
(7)(a)
, a rule may prohibit an activity within the 
confines of a dwelling or lot, including backyard landscaping or amenities, if the 
activity:
(i)
is not normally associated with a project restricted to residential use; or
(ii)
(A)
creates monetary costs for the association or other lot owners;
(B)
creates a danger to the health or safety of occupants of other lots;
(C)
generates excessive noise or traffic;
(D)
creates unsightly conditions visible from outside the dwelling;
(E)
creates an unreasonable source of annoyance to persons outside the lot; or
(F)
if there are attached dwellings, creates the potential for smoke to enter another 
lot owner's dwelling, the common areas, or limited common areas.
(c)
If permitted by law, an association may adopt rules described in Subsection 
(7)(b)
that affect the use of or behavior inside the dwelling.
(8)
(a)
A rule may not, to the detriment of a lot owner and over the lot owner's written 
objection to the board, alter the allocation of financial burdens among the various lots.
(b)
Notwithstanding Subsection 
(7)(b)
(8)(a)
, an association may:
(i)
change the common areas available to a lot owner;
(ii)
adopt generally applicable rules for the use of common areas; or
(iii)
deny use privileges to a lot owner who:
(A)
is delinquent in paying assessments;
(B)
abuses the common areas; or
(C)
violates the governing documents.
(c)
This Subsection 
(8)
 does not permit a rule that:
(i)
alters the method of levying assessments; or
(ii)
increases the amount of assessments as provided in the declaration.
(9)
(a)
Subject to Subsection 
(9)(b)
, a rule may not:
(i)
prohibit the transfer of a lot; or
(ii)
require the consent of the association or board to transfer a lot.
(b)
Unless contrary to a declaration, a rule may require a minimum lease term.
(10)
(a)
A rule may not require a lot owner to dispose of personal property that was in or 
on a lot before the adoption of the rule or design criteria if the personal property was 
in compliance with all rules and other governing documents previously in force.
(b)
The exemption in Subsection 
(10)(a)
:
(i)
applies during the period of the lot owner's ownership of the lot; and
(ii)
does not apply to a subsequent lot owner who takes title to the lot after adoption 
of the rule described in Subsection 
(10)(a)
.
(11)
A rule or action by the association or action by the board may not unreasonably 
impede a declarant's ability to satisfy existing development financing for community 
improvements and right to develop:
(a)
the project; or
(b)
other properties in the vicinity of the project.
(12)
A rule or association or board action may not interfere with:
(a)
the use or operation of an amenity that the association does not own or control; or
(b)
the exercise of a right associated with an easement.
(13)
A rule may not divest a lot owner of the right to proceed in accordance with a 
completed application for design review, or to proceed in accordance with another 
approval process, under the terms of the governing documents in existence at the time 
the completed application was submitted by the owner for review.
(14)
Unless otherwise provided in the declaration, an association may by rule:
(a)
regulate the use, maintenance, repair, replacement, and modification of common 
areas;
(b)
impose and receive any payment, fee, or charge for:
(i)
the use, rental, or operation of the common areas, except limited common areas; 
and
(ii)
a service provided to a lot owner;
(c)
impose a charge for a late payment of an assessment; or
(d)
provide for the indemnification of the association's officers and board consistent with 
Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act
.
(15)
A rule may not prohibit a lot owner from installing a personal security camera 
immediately adjacent to the entryway, window, or other outside entry point of the 
owner's dwelling unit.
(16)
(a)
For any area for which one or more lot owners are responsible for landscape 
maintenance of any landscaping within the lot owner's lot or the common areas, the 
association shall adopt rules supporting water wise landscaping as defined in Section 
57-8a-231
 including:
(i)
low water use requirements on lawns during drought conditions;
(ii)
design criterion for water wise landscaping; and
(iii)
limiting permissible plant material to specific water wise plant material.
(b)
A rule may not:
(i)
prohibit or restrict the conversion of a grass park strip to water wise landscaping 
as defined in Section 
57-8a-231
; or
(ii)
prohibit low water use on lawns during drought conditions.
(17)
(a)
Except as provided in Subsection (17)(b), a rule may not prohibit the owner of a 
residential lot from constructing an internal accessory dwelling unit, as defined in 
Section 
10-9a-530
 or 
17-27a-526
, within the owner's residential lot.
(b)
Subsection (17)(a) does not apply if the construction would violate:
(i)
a local land use ordinance;
(ii)
a building code;
(iii)
a health code; or
(iv)
a fire code.
(18)
(a)
Except as provided in Subsection (18)(b), a rule may not prohibit the owner of a 
residential lot from making modifications, consistent with industry standards, for 
radon mitigation.
(b)
Subsection (18)(a) does not apply if the modifications would violate:
(i)
a local land use ordinance;
(ii)
a building code;
(iii)
a health code; or
(iv)
a fire code.
(c)
A rule governing the placement or external appearance of modifications for radon 
mitigation does not apply to a lot owner's modifications if the rule would:
(i)
unreasonably interfere with the modifications' functionality; or
(ii)
add more than 40% of the modifications' original cost to the cost of installing the 
modifications.
(d)
A rule may require that a lot owner making modifications related to radon mitigation:
(i)
demonstrate or provide proof of radon contamination; and
(ii)
provide proof that the modifications and any related construction will be 
performed by a licensed person.
(19)
A rule may restrict a sex offender from accessing a protected area that is maintained, 
operated, or owned by the association, subject to the exceptions described in Subsection 
77-27-21.7
(3)
53-29-306(3)
.
(20)
A rule shall be reasonable.
(21)
A declaration, or an amendment to a declaration, may vary any of the requirements of 
Subsections (1), (2), (6), and (8) through (14), except Subsection (1)(b)(ii).
(22)
A rule may not be inconsistent with a provision of the association's declaration, 
bylaws, or articles of incorporation.
(23)
This section applies to an association regardless of when the association is created.
Section 40, Section 
63G-2-302
 is amended to read:
63G-2-302
. Private records.
(1)
The following records are private:
(a)
records concerning an individual's eligibility for unemployment insurance benefits, 
social services, welfare benefits, or the determination of benefit levels;
(b)
records containing data on individuals describing medical history, diagnosis, 
condition, treatment, evaluation, or similar medical data;
(c)
records of publicly funded libraries that when examined alone or with other records 
identify a patron;
(d)
records received by or generated by or for:
(i)
the Independent Legislative Ethics Commission, except for:
(A)
the commission's summary data report that is required under legislative rule; 
and
(B)
any other document that is classified as public under legislative rule; or
(ii)
a Senate or House Ethics Committee in relation to the review of ethics 
complaints, unless the record is classified as public under legislative rule;
(e)
records received by, or generated by or for, the Independent Executive Branch Ethics 
Commission, except as otherwise expressly provided in Title 63A, Chapter 14, 
Review of Executive Branch Ethics Complaints;
(f)
records received or generated for a Senate confirmation committee concerning 
character, professional competence, or physical or mental health of an individual:
(i)
if, prior to the meeting, the chair of the committee determines release of the 
records:
(A)
reasonably could be expected to interfere with the investigation undertaken by 
the committee; or
(B)
would create a danger of depriving a person of a right to a fair proceeding or 
impartial hearing; and
(ii)
after the meeting, if the meeting was closed to the public;
(g)
employment records concerning a current or former employee of, or applicant for 
employment with, a governmental entity that would disclose that individual's home 
address, home telephone number, social security number, insurance coverage, marital 
status, or payroll deductions;
(h)
records or parts of records under Section 
63G-2-303
 that a current or former 
employee identifies as private according to the requirements of that section;
(i)
that part of a record indicating a person's social security number or federal employer 
identification number if provided under Section 
31A-23a-104
, 
31A-25-202
, 
31A-26-202
, 
58-1-301
, 
58-55-302
, 
61-1-4
, or 
61-2f-203
;
(j)
that part of a voter registration record identifying a voter's:
(i)
driver license or identification card number;
(ii)
social security number, or last four digits of the social security number;
(iii)
email address;
(iv)
date of birth; or
(v)
phone number;
(k)
a voter registration record that is classified as a private record by the lieutenant 
governor or a county clerk under Subsection 
20A-2-101.1
(5)(a), 
20A-2-104
(4)(h), or 
20A-2-204
(4)(b);
(l)
a voter registration record that is withheld under Subsection 
20A-2-104
(7);
(m)
a withholding request form described in Subsections 
20A-2-104
(7) and (8) and any 
verification submitted in support of the form;
(n)
a record that:
(i)
contains information about an individual;
(ii)
is voluntarily provided by the individual; and
(iii)
goes into an electronic database that:
(A)
is designated by and administered under the authority of the Chief Information 
Officer; and
(B)
acts as a repository of information about the individual that can be 
electronically retrieved and used to facilitate the individual's online interaction 
with a state agency;
(o)
information provided to the Commissioner of Insurance under:
(i)
Subsection 
31A-23a-115
(3)(a);
(ii)
Subsection 
31A-23a-302
(4); or
(iii)
Subsection 
31A-26-210
(4);
(p)
information obtained through a criminal background check under Title 11, Chapter 
40, Criminal Background Checks by Political Subdivisions Operating Water Systems;
(q)
information provided by an offender that is:
(i)
required by the registration requirements of 
Title 77, Chapter 41, Sex, Kidnap, 
and Child Abuse Offender Registry
Title 53, Chapter 29, Sex, Kidnap, and Child 
Abuse Offender Registry
; and
(ii)
not required to be made available to the public under Subsection 
77-41-110
(4)
53-29-404(3)(a)
;
(r)
a statement and any supporting documentation filed with the attorney general in 
accordance with Section 
34-45-107
, if the federal law or action supporting the filing 
involves homeland security;
(s)
electronic toll collection customer account information received or collected under 
Section 
72-6-118
 and customer information described in Section 
17B-2a-815
received or collected by a public transit district, including contact and payment 
information and customer travel data;
(t)
an email address provided by a military or overseas voter under Section 
20A-16-501
;
(u)
a completed military-overseas ballot that is electronically transmitted under Title 
20A, Chapter 16, Uniform Military and Overseas Voters Act;
(v)
records received by or generated by or for the Political Subdivisions Ethics Review 
Commission established in Section 
63A-15-201
, except for:
(i)
the commission's summary data report that is required in Section 
63A-15-202
; and
(ii)
any other document that is classified as public in accordance with Title 63A, 
Chapter 15, Political Subdivisions Ethics Review Commission;
(w)
a record described in Section 
53G-9-604
 that verifies that a parent was notified of an 
incident or threat;
(x)
a criminal background check or credit history report conducted in accordance with 
Section 
63A-3-201
;
(y)
a record described in Subsection 
53-5a-104
(7);
(z)
on a record maintained by a county for the purpose of administering property taxes, 
an individual's:
(i)
email address;
(ii)
phone number; or
(iii)
personal financial information related to a person's payment method;
(aa)
a record submitted by a taxpayer to establish the taxpayer's eligibility for an 
exemption, deferral, abatement, or relief under:
(i)
Title 59, Chapter 2, Part 11, Exemptions;
(ii)
Title 59, Chapter 2, Part 12, Property Tax Relief;
(iii)
Title 59, Chapter 2, Part 18, Tax Deferral and Tax Abatement; or
(iv)
Title 59, Chapter 2, Part 19, Armed Forces Exemptions;
(bb)
a record provided by the State Tax Commission in response to a request under 
Subsection 
59-1-403
(4)(y)(iii);
(cc)
a record of the Child Welfare Legislative Oversight Panel regarding an individual 
child welfare case, as described in Subsection 
36-33-103
(3); and
(dd)
a record relating to drug or alcohol testing of a state employee under Section 
63A-17-1004
;
(ee)
a record relating to a request by a state elected official or state employee who has 
been threatened to the Division of Technology Services to remove personal 
identifying information from the open web under Section 
63A-16-109
; and
(ff)
a record including confidential information as that term is defined in Section 
67-27-105
.
(2)
The following records are private if properly classified by a governmental entity:
(a)
records concerning a current or former employee of, or applicant for employment 
with a governmental entity, including performance evaluations and personal status 
information such as race, religion, or disabilities, but not including records that are 
public under Subsection 
63G-2-301
(2)(b) or 
63G-2-301
(3)(o) or private under 
Subsection (1)(b);
(b)
records describing an individual's finances, except that the following are public:
(i)
records described in Subsection 
63G-2-301
(2);
(ii)
information provided to the governmental entity for the purpose of complying 
with a financial assurance requirement; or
(iii)
records that must be disclosed in accordance with another statute;
(c)
records of independent state agencies if the disclosure of those records would 
conflict with the fiduciary obligations of the agency;
(d)
other records containing data on individuals the disclosure of which constitutes a 
clearly unwarranted invasion of personal privacy;
(e)
records provided by the United States or by a government entity outside the state that 
are given with the requirement that the records be managed as private records, if the 
providing entity states in writing that the record would not be subject to public 
disclosure if retained by it;
(f)
any portion of a record in the custody of the Division of Aging and Adult Services, 
created in Section 
26B-6-102
, that may disclose, or lead to the discovery of, the 
identity of a person who made a report of alleged abuse, neglect, or exploitation of a 
vulnerable adult; and
(g)
audio and video recordings created by a body-worn camera, as defined in Section 
77-7a-103
, that record sound or images inside a home or residence except for 
recordings that:
(i)
depict the commission of an alleged crime;
(ii)
record any encounter between a law enforcement officer and a person that results 
in death or bodily injury, or includes an instance when an officer fires a weapon;
(iii)
record any encounter that is the subject of a complaint or a legal proceeding 
against a law enforcement officer or law enforcement agency;
(iv)
contain an officer involved critical incident as defined in Subsection 
76-2-408
(1)(f); or
(v)
have been requested for reclassification as a public record by a subject or 
authorized agent of a subject featured in the recording.
(3)
(a)
As used in this Subsection (3), "medical records" means medical reports, records, 
statements, history, diagnosis, condition, treatment, and evaluation.
(b)
Medical records in the possession of the University of Utah Hospital, its clinics, 
doctors, or affiliated entities are not private records or controlled records under 
Section 
63G-2-304
 when the records are sought:
(i)
in connection with any legal or administrative proceeding in which the patient's 
physical, mental, or emotional condition is an element of any claim or defense; or
(ii)
after a patient's death, in any legal or administrative proceeding in which any 
party relies upon the condition as an element of the claim or defense.
(c)
Medical records are subject to production in a legal or administrative proceeding 
according to state or federal statutes or rules of procedure and evidence as if the 
medical records were in the possession of a nongovernmental medical care provider.
Section 41, Section 
63G-7-301
 is amended to read:
63G-7-301
. Waivers of immunity.
(1)
(a)
Immunity from suit of each governmental entity is waived as to any contractual 
obligation.
(b)
Actions arising out of contractual rights or obligations are not subject to the 
requirements of Section 
63G-7-401
, 
63G-7-402
, 
63G-7-403
, or 
63G-7-601
.
(c)
The Division of Water Resources is not liable for failure to deliver water from a 
reservoir or associated facility authorized by Title 73, Chapter 26, Bear River 
Development Act, if the failure to deliver the contractual amount of water is due to 
drought, other natural condition, or safety condition that causes a deficiency in the 
amount of available water.
(2)
Immunity from suit of each governmental entity is waived:
(a)
as to any action brought to recover, obtain possession of, or quiet title to real or 
personal property;
(b)
as to any action brought to foreclose mortgages or other liens on real or personal 
property, to determine any adverse claim on real or personal property, or to obtain an 
adjudication about any mortgage or other lien that the governmental entity may have 
or claim on real or personal property;
(c)
as to any action based on the negligent destruction, damage, or loss of goods, 
merchandise, or other property while it is in the possession of any governmental 
entity or employee, if the property was seized for the purpose of forfeiture under any 
provision of state law;
(d)
subject to Section 
63G-7-302
, as to any action brought under the authority of Utah 
Constitution, Article I, Section 22, for the recovery of compensation from the governmental 
entity when the governmental entity has taken or damaged private property for public uses 
without just compensation;
(e)
as to any claim for attorney fees or costs under Section 
63G-2-209
, 
63G-2-405
, or 
63G-2-802
;
(f)
for actual damages under Title 67, Chapter 21, Utah Protection of Public Employees 
Act;
(g)
as to any action brought to obtain relief from a land use regulation that imposes a 
substantial burden on the free exercise of religion under Title 63L, Chapter 5, Utah 
Religious Land Use Act;
(h)
except as provided in Subsection 
63G-7-201
(3), as to any injury caused by:
(i)
a defective, unsafe, or dangerous condition of any highway, road, street, alley, 
crosswalk, sidewalk, culvert, tunnel, bridge, viaduct, or other structure located on 
them; or
(ii)
any defective or dangerous condition of a public building, structure, dam, 
reservoir, or other public improvement;
(i)
subject to Subsections 
63G-7-101
(4) and 
63G-7-201
(4), as to any injury proximately 
caused by a negligent act or omission of an employee committed within the scope of 
employment;
(j)
notwithstanding Subsection 
63G-7-101
(4), as to a claim for an injury resulting from a 
sexual battery, as provided in Section 
76-9-702.1
, committed:
(i)
against a student of a public elementary or secondary school, including a charter 
school; and
(ii)
by an employee of a public elementary or secondary school or charter school who:
(A)
at the time of the sexual battery, held a position of special trust, as defined in 
Section 
76-5-404.1
, with respect to the student;
(B)
is criminally charged in connection with the sexual battery; and
(C)
the public elementary or secondary school or charter school knew or in the 
exercise of reasonable care should have known, at the time of the employee's 
hiring, to be a sex offender, 
a 
kidnap offender, or 
a 
child abuse offender as 
defined
described
 in Section 
77-41-102
53-29-202
, required to register under 
Title 77, Chapter 41, Sex, Kidnap, and Child Abuse Offender Registry
Title 
53, Chapter 29, Sex, Kidnap, and Child Abuse Offender Registry
, whose status 
as a sex offender, kidnap offender, or child abuse offender would have been 
revealed in a background check under Section 
53G-11-402
;
(k)
as to any action brought under Section 
78B-6-2303
; and
(l)
as to any action brought to obtain relief under Title 53B, Chapter 27, Part 6, Student 
Legal Representation.
(3)
(a)
As used in this Subsection (3):
(i)
"Code of conduct" means a code of conduct that:
(A)
is not less stringent than a model code of conduct, created by the State Board 
of Education, establishing a professional standard of care for preventing the 
conduct described in Subsection (3)(a)(i)(D);
(B)
is adopted by the applicable local education governing body;
(C)
regulates behavior of a school employee toward a student; and
(D)
includes a prohibition against any sexual conduct between an employee and a 
student and against the employee and student sharing any sexually explicit or 
lewd communication, image, or photograph.
(ii)
"Local education agency" means:
(A)
a school district;
(B)
a charter school; or
(C)
the Utah Schools for the Deaf and the Blind.
(iii)
"Local education governing board" means:
(A)
for a school district, the local school board;
(B)
for a charter school, the charter school governing board; or
(C)
for the Utah Schools for the Deaf and the Blind, the state board.
(iv)
"Public school" means a public elementary or secondary school.
(v)
"Sexual abuse" means the offense described in Subsection 
76-5-404.1
(2).
(vi)
"Sexual battery" means the offense described in Section 
76-9-702.1
, considering 
the term "child" in that section to include an individual under age 18.
(b)
Notwithstanding Subsection 
63G-7-101
(4), immunity from suit is waived as to a 
claim against a local education agency for an injury resulting from a sexual battery or 
sexual abuse committed against a student of a public school by a paid employee of 
the public school who is criminally charged in connection with the sexual battery or 
sexual abuse, unless:
(i)
at the time of the sexual battery or sexual abuse, the public school was subject to a 
code of conduct; and
(ii)
before the sexual battery or sexual abuse occurred, the public school had:
(A)
provided training on the code of conduct to the employee; and
(B)
required the employee to sign a statement acknowledging that the employee 
has read and understands the code of conduct.
(4)
(a)
As used in this Subsection (4):
(i)
"Higher education institution" means an institution included within the state 
system of higher education under Section 
53B-1-102
.
(ii)
"Policy governing behavior" means a policy adopted by a higher education 
institution or the Utah Board of Higher Education that:
(A)
establishes a professional standard of care for preventing the conduct 
described in Subsections (4)(a)(ii)(C) and (D);
(B)
regulates behavior of a special trust employee toward a subordinate student;
(C)
includes a prohibition against any sexual conduct between a special trust 
employee and a subordinate student; and
(D)
includes a prohibition against a special trust employee and subordinate student 
sharing any sexually explicit or lewd communication, image, or photograph.
(iii)
"Sexual battery" means the offense described in Section 
76-9-702.1
.
(iv)
"Special trust employee" means an employee of a higher education institution 
who is in a position of special trust, as defined in Section 
76-5-404.1
, with a 
higher education student.
(v)
"Subordinate student" means a student:
(A)
of a higher education institution; and
(B)
whose educational opportunities could be adversely impacted by a special 
trust employee.
(b)
Notwithstanding Subsection 
63G-7-101
(4), immunity from suit is waived as to a 
claim for an injury resulting from a sexual battery committed against a subordinate 
student by a special trust employee, unless:
(i)
the institution proves that the special trust employee's behavior that otherwise 
would constitute a sexual battery was:
(A)
with a subordinate student who was at least 18 years old at the time of the 
behavior; and
(B)
with the student's consent; or
(ii)
(A)
at the time of the sexual battery, the higher education institution was 
subject to a policy governing behavior; and
(B)
before the sexual battery occurred, the higher education institution had taken 
steps to implement and enforce the policy governing behavior.
Section 42, Section 
76-1-201
 is amended to read:
76-1-201
. Jurisdiction of offenses.
(1)
A person is subject to prosecution in this state for an offense which the person commits, 
while either within or outside the state, by the person's own conduct or that of another 
for which the person is legally accountable, if:
(a)
the offense is committed either wholly or partly within the state;
(b)
the conduct outside the state constitutes an attempt to commit an offense within the 
state;
(c)
the conduct outside the state constitutes a conspiracy to commit an offense within the 
state and an act in furtherance of the conspiracy occurs in the state; or
(d)
the conduct within the state constitutes an attempt, solicitation, or conspiracy to 
commit in another jurisdiction an offense under the laws of both this state and the 
other jurisdiction.
(2)
An offense is committed partly within this state if either the conduct which is any 
element of the offense, or the result which is an element, occurs within this state.
(3)
In homicide offenses, the "result" is either the physical contact which causes death or 
the death itself.
(a)
If the body of a homicide victim is found within the state, the death shall be 
presumed to have occurred within the state.
(b)
If jurisdiction is based on this presumption, this state retains jurisdiction unless the 
defendant proves by clear and convincing evidence that:
(i)
the result of the homicide did not occur in this state; and
(ii)
the defendant did not engage in any conduct in this state which is any element of 
the offense.
(4)
(a)
An offense which is based on an omission to perform a duty imposed by the law 
of this state is committed within the state regardless of the location of the offender at 
the time of the omission.
(b)
For the purpose of establishing venue for a violation of Subsection 
77-41-105
(3) 
concerning sex offender, kidnap offender, or child abuse registration, the offense is 
considered to be committed:
(i)
at the most recent registered primary residence of the offender, if the actual 
location of the offender at the time of the violation is not known; or
(ii)
at the location of the offender at the time the offender is apprehended.
(5)
(a)
If no jurisdictional issue is raised, the pleadings are sufficient to establish 
jurisdiction.
(b)
The defendant may challenge jurisdiction by filing a motion before trial stating 
which facts exist that deprive the state of jurisdiction.
(c)
The burden is upon the state to initially establish jurisdiction over the offense by a 
preponderance of the evidence by showing under the provisions of Subsections (1) 
through (4) that the offense was committed either wholly or partly within the borders 
of the state.
(d)
If after the prosecution has met its burden of proof under Subsection (5)(c) the 
defendant claims that the state is deprived of jurisdiction or may not exercise 
jurisdiction, the burden is upon the defendant to prove by a preponderance of the 
evidence:
(i)
any facts claimed; and
(ii)
why those facts deprive the state of jurisdiction.
(6)
Facts that deprive the state of jurisdiction or prohibit the state from exercising 
jurisdiction include the fact that the:
(a)
defendant is serving in a position that is entitled to diplomatic immunity from 
prosecution and that the defendant's country has not waived that diplomatic immunity;
(b)
defendant is a member of the armed forces of another country and that the crime that 
he is alleged to have committed is one that due to an international agreement, such as 
a status of forces agreement between his country and the United States, cedes the 
exercise of jurisdiction over him for that offense to his country;
(c)
defendant is an enrolled member of an Indian tribe, as defined in Section 
9-9-101
, 
and that the Indian tribe has a legal status with the United States or the state that vests 
jurisdiction in either tribal or federal courts for certain offenses committed within the 
exterior boundaries of a tribal reservation, and that the facts establish that the crime is 
one that vests jurisdiction in tribal or federal court; or
(d)
offense occurred on land that is exclusively within federal jurisdiction.
(7)
(a)
The Legislature finds that identity fraud under Chapter 6, Part 11, Identity Fraud 
Act, involves the use of personal identifying information which is uniquely personal 
to the consumer or business victim of that identity fraud and which information is 
considered to be in lawful possession of the consumer or business victim wherever 
the consumer or business victim currently resides or is found.
(b)
For purposes of Subsection (1)(a), an offense which is based on a violation of 
Chapter 6, Part 11, Identity Fraud Act, is committed partly within this state, 
regardless of the location of the offender at the time of the offense, if the victim of 
the identity fraud resides or is found in this state.
(8)
The judge shall determine jurisdiction.
Section 43, Section 
76-1-202
 is amended to read:
76-1-202
. Venue of actions.
(1)
Criminal actions shall be tried in the county, district, or precinct where the offense is 
alleged to have been committed. In determining the proper place of trial, the following 
provisions shall apply:
(a)
If the commission of an offense commenced outside the state is consummated within 
this state, the offender shall be tried in the county where the offense is consummated.
(b)
When conduct constituting elements of an offense or results that constitute elements, 
whether the conduct or result constituting elements is in itself unlawful, shall occur in 
two or more counties, trial of the offense may be held in any of the counties 
concerned.
(c)
If a person committing an offense upon the person of another is located in one county 
and his victim is located in another county at the time of the commission of the 
offense, trial may be held in either county.
(d)
If a cause of death is inflicted in one county and death ensues in another county, the 
offender may be tried in either county.
(e)
A person who commits an inchoate offense may be tried in any county in which any 
act that is an element of the offense, including the agreement in conspiracy, is 
committed.
(f)
Where a person in one county solicits, aids, abets, agrees, or attempts to aid another 
in the planning or commission of an offense in another county, he may be tried for 
the offense in either county.
(g)
When an offense is committed within this state and it cannot be readily determined 
in which county or district the offense occurred, the following provisions shall be 
applicable:
(i)
When an offense is committed upon any railroad car, vehicle, watercraft, or 
aircraft passing within this state, the offender may be tried in any county through 
which such railroad car, vehicle, watercraft, or aircraft has passed.
(ii)
When an offense is committed on any body of water bordering on or within this 
state, the offender may be tried in any county adjacent to such body of water. The 
words "body of water" shall include but not be limited to any stream, river, lake, 
or reservoir, whether natural or man-made.
(iii)
A person who commits theft may be tried in any county in which he exerts 
control over the property affected.
(iv)
If an offense is committed on or near the boundary of two or more counties, trial 
of the offense may be held in any of such counties.
(v)
For any other offense, trial may be held in the county in which the defendant 
resides, or, if he has no fixed residence, in the county in which he is apprehended 
or to which he is extradited.
(h)
A person who commits an offense based on Chapter 6, Part 11, Identity Fraud Act, 
may be tried in the county:
(i)
where the victim's personal identifying information was obtained;
(ii)
where the defendant used or attempted to use the personally identifying 
information;
(iii)
where the victim of the identity fraud resides or is found; or
(iv)
if multiple offenses of identity fraud occur in multiple jurisdictions, in any 
county where the victim's identity was used or obtained, or where the victim 
resides or is found.
(i)
For the purpose of establishing venue for a violation of 
Subsection 
77-41-105
(3)
Section 
53-29-304
 concerning sex offender, kidnap offender, or child abuse offender 
registration, the offense is considered to be committed:
(i)
at the most recent registered primary residence of the offender, if the actual 
location of the offender at the time of the violation is not known; or
(ii)
at the location of the offender at the time the offender is apprehended.
(2)
All objections of improper place of trial are waived by a defendant unless made before 
trial.
Section 44, Section 
76-3-402
 is amended to read:
76-3-402
. Conviction of lower degree of offense -- Procedure and limitations.
(1)
As used in this section:
(a)
"Lower degree of offense" includes an offense for which:
(i)
a statutory enhancement is charged in the information or indictment that would 
increase either the maximum or the minimum sentence; and
(ii)
the court removes the statutory enhancement in accordance with this section.
(b)
"Minor regulatory offense" means the same as that term is defined in Section 
77-40a-101
.
(c)
(i)
"Rehabilitation program" means a program designed to reduce criminogenic 
and recidivism risks.
(ii)
"Rehabilitation program" includes:
(A)
a domestic violence treatment program, as that term is defined in Section 
26B-2-101
;
(B)
a residential, vocational, and life skills program, as that term is defined in 
Section 
13-53-102
;
(C)
a substance abuse treatment program, as that term is defined in Section 
26B-2-101
;
(D)
a substance use disorder treatment program, as that term is defined in Section 
26B-2-101
;
(E)
a youth program, as that term is defined in Section 
26B-2-101
;
(F)
a program that meets the standards established by the Department of 
Corrections under Section 
64-13-25
;
(G)
a drug court, a veterans court, or a mental health court certified by the Judicial 
Council; or
(H)
a program that is substantially similar to a program described in Subsections 
(1)(c)(ii)(A) through (G).
(d)
"Serious offense" means a felony or misdemeanor offense that is not a minor 
regulatory offense or a traffic offense.
(e)
"Traffic offense" means the same as that term is defined in Section 
77-40a-101
.
(f)
(i)
Except as provided in Subsection (1)(f)(ii), "violent felony" means the same as 
that term is defined in Section 
76-3-203.5
.
(ii)
"Violent felony" does not include an offense, or any attempt, solicitation, or 
conspiracy to commit an offense, for:
(A)
the possession, use, or removal of explosive, chemical, or incendiary devices 
under Subsection 
76-10-306
(3), (5), or (6); or
(B)
the purchase or possession of a dangerous weapon or handgun by a restricted 
person under Section 
76-10-503
.
(2)
The court may enter a judgment of conviction for a lower degree of offense than 
established by statute and impose a sentence at the time of sentencing for the lower 
degree of offense if the court:
(a)
takes into account:
(i)
the nature and circumstances of the offense of which the defendant was found 
guilty; and
(ii)
the history and character of the defendant;
(b)
gives any victim present at the sentencing and the prosecuting attorney an 
opportunity to be heard; and
(c)
concludes that the degree of offense established by statute would be unduly harsh to 
record as a conviction on the record for the defendant.
(3)
Upon a motion from the prosecuting attorney or the defendant, the court may enter a 
judgment of conviction for a lower degree of offense than established by statute:
(a)
after the defendant is successfully discharged from probation or parole for the 
conviction; and
(b)
if the court finds that entering a judgment of conviction for a lower degree of offense 
is in the interest of justice in accordance with Subsection (7).
(4)
Upon a motion from the prosecuting attorney or the defendant, the court may enter a 
judgment of conviction for a lower degree of offense than established by statute if:
(a)
the defendant's probation or parole for the conviction did not result in a successful 
discharge but the defendant is successfully discharged from probation or parole for a 
subsequent conviction of an offense;
(b)
(i)
at least five years have passed after the day on which the defendant is sentenced 
for the subsequent conviction; or
(ii)
at least three years have passed after the day on which the defendant is sentenced 
for the subsequent conviction and the prosecuting attorney consents to the 
reduction;
(c)
the defendant is not convicted of a serious offense during the time period described 
in Subsection (4)(b);
(d)
there are no criminal proceedings pending against the defendant;
(e)
the defendant is not on probation, on parole, or currently incarcerated for any other 
offense;
(f)
if the offense for which the reduction is sought is a violent felony, the prosecuting 
attorney consents to the reduction; and
(g)
the court finds that entering a judgment of conviction for a lower degree of offense is 
in the interest of justice in accordance with Subsection (7).
(5)
Upon a motion from the prosecuting attorney or the defendant, the court may enter a 
judgment of conviction for a lower degree of offense than established by statute if:
(a)
the defendant's probation or parole for the conviction did not result in a successful 
discharge but the defendant is successfully discharged from a rehabilitation program;
(b)
at least three years have passed after the day on which the defendant is successfully 
discharged from the rehabilitation program;
(c)
the defendant is not convicted of a serious offense during the time period described 
in Subsection (5)(b);
(d)
there are no criminal proceedings pending against the defendant;
(e)
the defendant is not on probation, on parole, or currently incarcerated for any other 
offense;
(f)
if the offense for which the reduction is sought is a violent felony, the prosecuting 
attorney consents to the reduction; and
(g)
the court finds that entering a judgment of conviction for a lower degree of offense is 
in the interest of justice in accordance with Subsection (7).
(6)
Upon a motion from the prosecuting attorney or the defendant, the court may enter a 
judgment of conviction for a lower degree of offense than established by statute if:
(a)
at least five years have passed after the day on which the defendant's probation or 
parole for the conviction did not result in a successful discharge;
(b)
the defendant is not convicted of a serious offense during the time period described 
in Subsection (6)(a);
(c)
there are no criminal proceedings pending against the defendant;
(d)
the defendant is not on probation, on parole, or currently incarcerated for any other 
offense;
(e)
if the offense for which the reduction is sought is a violent felony, the prosecuting 
attorney consents to the reduction; and
(f)
the court finds that entering a judgment of conviction for a lower degree of offense is 
in the interest of justice in accordance with Subsection (7).
(7)
In determining whether entering a judgment of a conviction for a lower degree of 
offense is in the interest of justice under Subsection (3), (4), (5), or (6):
(a)
the court shall consider:
(i)
the nature, circumstances, and severity of the offense for which a reduction is 
sought;
(ii)
the physical, emotional, or other harm that the defendant caused any victim of the 
offense for which the reduction is sought; and
(iii)
any input from a victim of the offense; and
(b)
the court may consider:
(i)
any special characteristics or circumstances of the defendant, including the 
defendant's criminogenic risks and needs;
(ii)
the defendant's criminal history;
(iii)
the defendant's employment and community service history;
(iv)
whether the defendant participated in a rehabilitative program and successfully 
completed the program;
(v)
any effect that a reduction would have on the defendant's ability to obtain or 
reapply for a professional license from the Department of Commerce;
(vi)
whether the level of the offense has been reduced by law after the defendant's 
conviction;
(vii)
any potential impact that the reduction would have on public safety; or
(viii)
any other circumstances that are reasonably related to the defendant or the 
offense for which the reduction is sought.
(8)
(a)
A court may only enter a judgment of conviction for a lower degree of offense 
under Subsection (3), (4), (5), or (6) after:
(i)
notice is provided to the other party;
(ii)
reasonable efforts have been made by the prosecuting attorney to provide notice 
to any victims; and
(iii)
a hearing is held if a hearing is requested by either party.
(b)
A prosecuting attorney is entitled to a hearing on a motion seeking to reduce a 
judgment of conviction for a lower degree of offense under Subsection (3), (4), (5), 
or (6).
(c)
In a motion under Subsection (3), (4), (5), or (6) and at a requested hearing on the 
motion, the moving party has the burden to provide evidence sufficient to 
demonstrate that the requirements under Subsection (3), (4), (5), or (6) are met.
(d)
If a defendant files a motion under this section, the prosecuting attorney shall 
respond to the motion within 35 days after the day on which the motion is filed with 
the court.
(9)
A court has jurisdiction to consider and enter a judgment of conviction for a lower 
degree of offense under Subsection (3), (4), (5), or (6) regardless of whether the 
defendant is committed to jail as a condition of probation or is sentenced to prison.
(10)
(a)
An offense may be reduced only one degree under this section, unless the 
prosecuting attorney specifically agrees in writing or on the court record that the 
offense may be reduced two degrees.
(b)
An offense may not be reduced under this section by more than two degrees.
(11)
This section does not preclude an individual from obtaining or being granted an 
expungement of the individual's record in accordance with 
Title 44, Chapter 40A, 
Expungement of Criminal Records
Title 77, Chapter 40a, Expungement of Criminal 
Records
.
(12)
The court may not enter a judgment for a conviction for a lower degree of offense 
under this section if:
(a)
the reduction is specifically precluded by law; or
(b)
any unpaid balance remains on court-ordered restitution for the offense for which the 
reduction is sought.
(13)
When the court enters a judgment for a lower degree of offense under this section, the 
actual title of the offense for which the reduction is made may not be altered.
(14)
(a)
An individual may not obtain a reduction under this section of a conviction that 
requires the individual to register as a sex offender, kidnap offender, or child abuse 
offender 
under Section 
53-29-202
until the registration requirements under 
Title 77, 
Chapter 41, Sex, Kidnap, and Child Abuse Offender Registry
Title 53, Chapter 29, 
Sex, Kidnap, and Child Abuse Offender Registry
, have expired.
(b)
An individual required to register as a sex offender, kidnap offender, or child abuse 
offender 
under Section 
53-29-202
 and required to register 
for the individual's lifetime 
under Subsection 
77-41-105
(3)(c)
as described in Subsection 
53-29-203(1)(b)
,
 may 
not be granted a reduction of the conviction for the offense or offenses that require 
the individual to register as a sex offender, kidnap offender, or child abuse offender.
Section 45, Section 
76-5-401
 is amended to read:
76-5-401
. Unlawful sexual activity with a minor -- Penalties -- Evidence of age 
raised by defendant -- Limitations.
(1)
(a)
As used in this section, "minor" means an individual who is 14 years old or older, 
but younger than 16 years old, at the time the sexual activity described in Subsection 
(2) occurred.
(b)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
(a)
Under circumstances not amounting to an offense listed in Subsection (4), an actor 
18 years old or older commits unlawful sexual activity with a minor if the actor:
(i)
has sexual intercourse with the minor;
(ii)
engages in any sexual act with the minor involving the genitals of an individual 
and the mouth or anus of another individual; or
(iii)
causes the penetration, however slight, of the genital or anal opening of the 
minor by a foreign object, substance, instrument, or device, including a part of the 
human body, with the intent to cause substantial emotional or bodily pain to any 
individual or with the intent to arouse or gratify the sexual desire of any individual.
(b)
Any touching, however slight, is sufficient to constitute the relevant element of a 
violation of Subsection (2)(a)(ii).
(3)
(a)
A violation of Subsection (2) is a third degree felony.
(b)
(i)
Notwithstanding Subsection (3)(a) or (c), a violation of Subsection 
(2)
 is a 
class B misdemeanor if the defendant establishes by a preponderance of the 
evidence the mitigating factor that:
(A)
(i)
 the defendant is less than four years older than the minor at the time the 
sexual activity occurred; or
(B)
(ii)
the defendant is 18 years old and enrolled in high school at the time the 
sexual activity occurred.
(ii)
An offense under Subsection (3)(b)(i) is not subject to registration under 
Subsection 
77-41-102
(19)(a)(vii).
(c)
(i)
Notwithstanding Subsection (3)(a), if the defendant establishes by a 
preponderance of the evidence the mitigating factor that the defendant was 
younger than 21 years old at the time the sexual activity occurred, the offense is a 
class A misdemeanor.
(ii)
An offense under Subsection (3)(c)(i) is not subject to registration under 
Subsection 
77-41-102
(19)(a)(vii).
(4)
The offenses referred to in Subsection (2)(a) are:
(a)
rape, in violation of Section 
76-5-402
;
(b)
object rape, in violation of Section 
76-5-402.2
;
(c)
forcible sodomy, in violation of Section 
76-5-403
;
(d)
aggravated sexual assault, in violation of Section 
76-5-405
; or
(e)
an attempt to commit an offense listed in Subsections (4)(a) through (4)(d).
Section 46, Section 
76-5-401.1
 is amended to read:
76-5-401.1
. Sexual abuse of a minor.
(1)
(a)
As used in this section:
(i)
"Indecent liberties" means:
(A)
the actor touching another individual's genitals, anus, buttocks, pubic area, or 
female breast;
(B)
causing any part of an individual's body to touch the actor's or another's 
genitals, pubic area, anus, buttocks, or female breast;
(C)
simulating or pretending to engage in sexual intercourse with another 
individual, including genital-genital, oral-genital, anal-genital, or oral-anal 
intercourse; or
(D)
causing an individual to simulate or pretend to engage in sexual intercourse 
with the actor or another, including genital-genital, oral-genital, anal-genital, or 
oral-anal intercourse.
(ii)
"Minor" means an individual who is 14 years old or older, but younger than 16 
years old, at the time the sexual activity described in Subsection (2) occurred.
(b)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
(a)
Under circumstances not amounting to an offense listed in Subsection (4), an actor 
commits sexual abuse of a minor if the actor:
(i)
is four years or more older than the minor; and
(ii)
with the intent to cause substantial emotional or bodily pain to any individual, or 
with the intent to arouse or gratify the sexual desire of any individual:
(A)
touches the anus, buttocks, pubic area, or any part of the genitals of the minor;
(B)
touches the breast of a female minor; or
(C)
otherwise takes indecent liberties with the minor.
(b)
Any touching, even if accomplished through clothing, is sufficient to constitute the 
relevant element of a violation of Subsection (2)(a).
(3)
A violation of Subsection (2)(a) is
:
(a)
a class A misdemeanor
; and
.
(b)
not subject to registration under Subsection 
77-41-102
(19)(a)(viii) on a first offense 
if the offender was younger than 21 years old at the time of the offense.
(4)
The offenses referred to in Subsection (2)(a) are:
(a)
unlawful sexual activity with a minor, in violation of Section 
76-5-401
;
(b)
rape, in violation of Section 
76-5-402
;
(c)
object rape, in violation of Section 
76-5-402.2
;
(d)
forcible sodomy, in violation of Section 
76-5-403
;
(e)
aggravated sexual assault, in violation of Section 
76-5-405
; or
(f)
an attempt to commit an offense listed in Subsections (4)(a) through (e).
Section 47, Section 
76-5-401.3
 is amended to read:
76-5-401.3
. Unlawful adolescent sexual activity -- Penalties -- Limitations.
(1)
(a)
As used in this section, "adolescent" means an individual who is 12 years old or 
older but younger than 18 years old.
(b)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
Under circumstances not amounting to an offense listed in Subsection (5), an actor 
commits unlawful sexual activity if:
(a)
(i)
the actor is 12 years old or older but younger than 18 years old;
(ii)
the actor engages in sexual activity with an adolescent;
(iii)
the actor is not the biological sibling of the adolescent; and
(iv)
both the actor and the adolescent mutually agree to the sexual activity; or
(b)
(i)
the actor engages in sexual activity with an adolescent who is 13 years old;
(ii)
the actor is 18 years old and enrolled in high school at the time that the sexual 
activity occurred;
(iii)
the actor is not the biological sibling of the adolescent; and
(iv)
both the actor and the adolescent mutually agree to the sexual activity.
(3)
(a)
A violation of Subsection (2)(a) is a:
(i)
third degree felony if an actor who is 17 years old engages in unlawful adolescent 
sexual activity with an adolescent who is 13 years old;
(ii)
third degree felony if an actor who is 16 years old engages in unlawful adolescent 
sexual activity with an adolescent who is 12 years old;
(iii)
class A misdemeanor if an actor who is 16 years old engages in unlawful 
adolescent sexual activity with an adolescent who is 13 years old;
(iv)
class A misdemeanor if an actor who is 14 or 15 years old engages in unlawful 
adolescent sexual activity with an adolescent who is 12 years old;
(v)
class B misdemeanor if an actor who is 17 years old engages in unlawful 
adolescent sexual activity with an adolescent who is 14 years old;
(vi)
class B misdemeanor if an actor who is 15 years old engages in unlawful 
adolescent sexual activity with an adolescent who is 13 years old;
(vii)
class C misdemeanor if an actor who is 12 or 13 years old engages in unlawful 
adolescent sexual activity with an adolescent who is 12 or 13 years old; and
(viii)
class C misdemeanor if an actor who is 14 years old engages in unlawful 
adolescent sexual activity with an adolescent who is 13 years old.
(b)
A violation of Subsection (2)(b) is a third degree felony.
(4)
The actor and the adolescent do not mutually agree to the sexual activity under 
Subsection (2) if:
(a)
the adolescent expresses lack of agreement to the sexual activity through words or 
conduct;
(b)
the actor overcomes the adolescent's will through:
(i)
threats to the adolescent or any other individual;
(ii)
force;
(iii)
coercion; or
(iv)
enticement;
(c)
the actor is able to overcome the adolescent through concealment or by the element 
of surprise;
(d)
the actor knows, or reasonably should know, that the adolescent has a mental disease 
or defect, which renders the adolescent unable to:
(i)
appraise the nature of the act;
(ii)
resist the act;
(iii)
understand the possible consequences to the adolescent's health or safety; or
(iv)
appraise the nature of the relationship between the actor and the adolescent;
(e)
the actor knows that the adolescent participates in the sexual activity because the 
adolescent erroneously believes that the actor is someone else; or
(f)
the actor intentionally impaired the power of the adolescent to appraise or control the 
adolescent's conduct by administering any substance without the adolescent's 
knowledge.
(5)
The offenses referred to in Subsection (2) are:
(a)
rape under Section 
76-5-402
;
(b)
object rape under Section 
76-5-402.2
;
(c)
forcible sodomy under Section 
76-5-403
;
(d)
aggravated sexual assault under Section 
76-5-405
;
(e)
incest under Section 
76-7-102
; or
(f)
an attempt to commit an offense listed in Subsections (5)(a) through (e).
(6)
An offense under this section is not eligible for a nonjudicial adjustment under Section 
80-6-303.5
 or a referral to a youth court under Section 
80-6-902
.
(7)
Except for an offense that is transferred to a district court by the juvenile court in 
accordance with Section 
80-6-504
, the district court may enter any sentence or 
combination of sentences that would have been available in juvenile court but for the 
delayed reporting or delayed filing of the information in the district court.
(8)
An offense under this section is not subject to registration under Subsection 
77-41-102
(19).
Section 48, Section 
76-9-702
 is amended to read:
76-9-702
. Lewdness.
(1)
A person is guilty of lewdness if the person under circumstances not amounting to rape, 
object rape, forcible sodomy, forcible sexual abuse, aggravated sexual assault, sexual 
abuse of a minor, unlawful sexual conduct with a 16- or 17-year-old, custodial sexual 
relations under Section 
76-5-412
, custodial sexual misconduct under Section 
76-5-412.2
, 
custodial sexual relations with youth receiving state services under Section 
76-5-413
, 
custodial sexual misconduct with youth receiving state services under Section 
76-5-413.2
, 
or an attempt to commit any of these offenses, performs any of the following acts in a 
public place or under circumstances which the person should know will likely cause 
affront or alarm to, on, or in the presence of another individual who is 14 years old or 
older:
(a)
an act of sexual intercourse or sodomy;
(b)
exposes his or her genitals, the female breast below the top of the areola, the 
buttocks, the anus, or the pubic area;
(c)
masturbates; or
(d)
any other act of lewdness.
(2)
(a)
A person convicted the first or second time of a violation of Subsection (1) is 
guilty of a class B misdemeanor, except under Subsection (2)(b).
(b)
A person convicted of a violation of Subsection (1) is guilty of a third degree felony 
if at the time of the violation:
(i)
the person is a sex offender as defined in Section 
77-27-21.7
57-8a-102
;
(ii)
the person has been previously convicted two or more times of violating 
Subsection (1);
(iii)
the person has previously been convicted of a violation of Subsection (1) and has 
also previously been convicted of a violation of Section 
76-9-702.5
;
(iv)
the person commits the offense of lewdness while also committing the offense of:
(A)
criminal trespass in a sex-designated changing room under Subsection 
76-6-206(2)(d)
;
(B)
lewdness involving a child under Section 
76-9-702.5
;
(C)
voyeurism under Section 
76-9-702.7
; or
(D)
loitering in a privacy space under Section 
76-9-702.8
; or
(v)
the person commits the offense of lewdness in a sex-designated privacy space, as 
defined in Section 
76-9-702.8
, that is not designated for individuals of the actor's 
sex.
(c)
(i)
For
As described in Subsection 
53-29-202(4)
, for
 purposes of this Subsection 
(2)
 and Subsection 
77-41-102
(19)
, a plea of guilty or nolo contendere to a 
charge under this section that is held in abeyance under Title 77, Chapter 2a, Pleas 
in Abeyance, is the equivalent of a conviction.
(ii)
This Subsection (2)(c) also applies if the charge under this Subsection (2) has 
been subsequently reduced or dismissed in accordance with the plea in abeyance 
agreement.
(3)
(a)
As used in this Subsection (3):
(i)
"Common area of a privacy space" means any area of a privacy space other than:
(A)
a toilet stall with a closed door;
(B)
immediately in front of a urinal during use; or
(C)
a shower stall with a closed door or other closed covering.
(ii)
"Privacy space" means the same as that term is defined in Section 
76-9-702.8
.
(b)
The common area of a privacy space constitutes a public place or circumstance 
described in Subsection (1) where an act or an attempted act described in Subsection 
(1) constitutes lewdness.
(c)
Within the common area of a dressing room, fitting room, locker room, changing 
facility, or any other space designated for multiple individuals to dress or undress 
within the same space, exposing, displaying, or otherwise uncovering genitalia that 
does not correspond with the sex designation of the changing room constitutes an act 
or an attempted act described in Subsection (1) that constitutes lewdness.
(4)
A woman's breast feeding, including breast feeding in any location where the woman 
otherwise may rightfully be, does not under any circumstance constitute a lewd act, 
irrespective of whether or not the breast is covered during or incidental to feeding.
Section 49, Section 
76-9-702.1
 is amended to read:
76-9-702.1
. Sexual battery.
(1)
An actor is guilty of sexual battery if the actor, under circumstances not amounting to an 
offense under Subsection (2), intentionally touches, whether or not through clothing, the 
anus, buttocks, or any part of the genitals of another individual, or the breast of a female 
individual, and the actor's conduct is under circumstances the actor knows or should 
know will likely cause affront or alarm to the individual touched.
(2)
Offenses referred to in Subsection (1) are:
(a)
rape under Section 
76-5-402
;
(b)
rape of a child under Section 
76-5-402.1
;
(c)
object rape under Section 
76-5-402.2
;
(d)
object rape of a child under Section 
76-5-402.3
;
(e)
forcible sodomy under Subsection 
76-5-403
(2);
(f)
sodomy on a child under Section 
76-5-403.1
;
(g)
forcible sexual abuse under Section 
76-5-404
;
(h)
sexual abuse of a child under Section 
76-5-404.1
;
(i)
aggravated sexual abuse of a child under Section 
76-5-404.3
;
(j)
aggravated sexual assault under Section 
76-5-405
; and
(k)
an attempt to commit an offense under this Subsection (2).
(3)
Sexual battery is a class A misdemeanor.
(4)
(a)
For purposes of Subsection 
77-41-102
(19)
 only, a plea of guilty or nolo 
contendere to a charge under this section that is held in abeyance under Title 77, 
Chapter 2a, Pleas in Abeyance, is the equivalent of a conviction.
(b)
This Subsection (4) also applies if the charge under this section has been 
subsequently reduced or dismissed in accordance with the plea in abeyance 
agreement.
Section 50, Section 
76-9-702.5
 is amended to read:
76-9-702.5
. Lewdness involving a child.
(1)
As used in this section: 
(a)
"In the presence of" includes within visual contact through an electronic device.
(b)
"Common area of a privacy space" means the same as that term is defined in Section 
76-9-702
.
(c)
"Privacy space" means the same as that term is defined in Section 
76-9-702.8
.
(2)
An actor commits lewdness involving a child if:
(a)
the actor, under circumstances not amounting to rape of a child, object rape of a 
child, sodomy upon a child, sexual abuse of a child, aggravated sexual abuse of a 
child, or an attempt to commit any of those offenses, intentionally or 
knowinglydoes
knowingly does
 any of the following in the presence of a child who is under 14 years 
old:
(i)
performs an act of sexual intercourse or sodomy;
(ii)
exposes the actor's genitals, female breast below the top of the areola, buttocks, 
anus, or pubic area:
(A)
in a public place; or
(B)
in a private place under circumstances the actor should know will likely cause 
affront or alarm or with the intent to arouse or gratify the sexual desire of the 
actor or the child; or
(iii)
masturbates;
(b)
the actor is 18 years old or older and, under circumstances not amounting to rape of a 
child, object rape of a child, sodomy upon a child, sexual abuse of a child, aggravated 
sexual abuse of a child, or an attempt to commit any of those offenses, intentionally 
or knowingly does any of the following in the presence of a child who is under 14 
years old with the intent to cause affront or alarm to the child or with the intent to 
arouse or gratify the sexual desire of the actor or the child:
(i)
simulates masturbation;
(ii)
performs an act of simulated intercourse or sodomy;
(iii)
displays the actor's male genitals or prosthetic male genitals in a discernibly 
turgid state, even if completely and opaquely covered;
(iv)
engages in erotic touching of the actor's nude breast, regardless of the actor's sex 
or how the breast was developed or created; or
(v)
involves a child in an act that would lead a reasonable person to conclude that the 
child is engaging in an act of:
(A)
simulated intercourse or sodomy; or
(B)
simulated masturbation;
(c)
the actor, under circumstances not amounting to sexual exploitation of a child under 
Section 
76-5b-201
 or aggravated sexual exploitation of a child under Section 
76-5b-201.1
, intentionally or knowingly causes a child under 14 years old to expose 
the child's genitals, anus, or breast, if female, to the actor, with the intent to arouse or 
gratify the sexual desire of the actor or the child; or
(d)
the actor performs any other act of lewdness.
(3)
(a)
Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class A 
misdemeanor.
(b)
A violation of Subsection (2) is a third degree felony if at the time of the violation, 
the actor:
(i)
is a sex offender 
as defined in Section 
77-27-21.7
as described in Subsection 
53-29-202(2)(b)
 and the offense that the actor committed that resulted in the actor 
being a sex offender was committed against an individual younger than 18 years 
old
;
(ii)
previously has been convicted of a violation of this section;
(iii)
commits the violation of Subsection (2) while also committing the offense of:
(A)
criminal trespass in a sex-designated changing room under Subsection 
76-6-206(2)(d)
;
(B)
lewdness under Section 
76-9-702
;
(C)
voyeurism under Section 
76-9-702.7
; or
(D)
loitering in a privacy space under Section 
76-9-702.8
; or
(iv)
commits the violation of Subsection 
(2)
 in a sex-designated privacy space, as 
defined in Section 
76-9-702.8
, that is not designated for individuals of the actor's 
sex.
(4)
(a)
The common area of a privacy space constitutes a public place or circumstance 
described in Subsection (2) where an act or an attempted act described in Subsection 
(2) constitutes lewdness involving a child.
(b)
Within the common area of a government entity's dressing room, fitting room, locker 
room, changing facility, or any other space designated for multiple individuals to 
dress or undress within the same space, exposing, displaying, or otherwise 
uncovering genitalia that does not correspond with the sex designation of the 
changing room constitutes an act or an attempted act described in Subsection (2) that 
constitutes lewdness involving a child.
Section 51, Section 
77-2-2.3
 is amended to read:
77-2-2.3
. Reducing the level of an offense.
(1)
Notwithstanding any other provision of law, a prosecuting attorney may:
(a)
present and file an information charging an individual for an offense under 
Subsections 
76-3-103
(1)(b) through (d), Subsection 
76-3-103
(2), or Section 
76-3-104
with a classification of the offense at one degree lower than the classification that is 
provided in statute if the prosecuting attorney believes that the sentence would be 
disproportionate to the offense because there are special circumstances relating to the 
offense; or
(b)
subject to the approval of the court, amend an information, as part of a plea 
agreement, to charge an individual for an offense under Subsections 
76-3-103
(1)(b) 
through (d), Subsection 
76-3-103
(2), or Section 
76-3-104
 with a classification of the 
offense at one degree lower than the classification that is provided in statute.
(2)
A court may:
(a)
enter a judgment of conviction for an offense filed under Subsection (1) at one 
degree lower than classified in statute; and
(b)
impose a sentence for the offense filed under Subsection (1) at one degree lower than 
classified in statute.
(3)
A conviction of an offense at one degree lower than classified in statute under 
Subsection (2) does not affect the requirements for registration of the offense under 
Title 77, Chapter 41, Sex, Kidnap, and Child Abuse Offender Registry
Title 53, Chapter 
29, Sex, Kidnap, and Child Abuse Offender Registry
, if the elements of the offense for 
which the defendant is convicted are the same as the elements of 
an
a registrable
offense described in Section 
77-41-102
53-29-202
.
(4)
This section does not preclude an individual from obtaining and being granted an 
expungement for the individual's record in accordance with Title 77, Chapter 40a, 
Expungement of Criminal Records.
Section 52, Section 
77-11c-101
 is amended to read:
77-11c-101
. Definitions.
As used in this chapter:
(1)
"Acquitted" means the same as that term is defined in Section 
77-11b-101
.
(2)
"Adjudicated" means that:
(a)
(i)
a judgment of conviction by plea or verdict of an offense has been entered by a 
court; and
(ii)
a sentence has been imposed by the court; or
(b)
a judgment has been entered for an adjudication of an offense by a juvenile court 
under Section 
80-6-701
.
(3)
"Adjudication" means:
(a)
a judgment of conviction by plea or verdict of an offense; or
(b)
an adjudication for an offense by a juvenile court under Section 
80-6-701
.
(4)
"Agency" means the same as that term is defined in Section 
77-11a-101
.
(5)
"Appellate court" means the Utah Court of Appeals, the Utah Supreme Court, or the 
United States Supreme Court.
(6)
(a)
"Biological evidence" means an item that contains blood, semen, hair, saliva, 
epithelial cells, latent fingerprint evidence that may contain biological material 
suitable for DNA testing, or other identifiable human biological material that:
(i)
is collected as part of an investigation or prosecution of a violent felony offense; 
and
(ii)
may reasonably be used to incriminate or exculpate a person for the violent 
felony offense.
(b)
"Biological evidence" includes:
(i)
material that is catalogued separately, including:
(A)
on a slide or swab; or
(B)
inside a test tube, if the evidentiary sample that previously was inside the test 
tube has been consumed by testing;
(ii)
material that is present on other evidence, including clothing, a ligature, bedding, 
a drinking cup, a cigarette, or a weapon, from which a DNA profile may be 
obtained;
(iii)
the contents of a sexual assault kit; and
(iv)
for a violent felony offense, material described in this Subsection (6) that is in 
the custody of an evidence collecting or retaining entity on May 4, 2022.
(7)
"Claimant" means the same as that term is defined in Section 
77-11a-101
.
(8)
"Computer" means the same as that term is defined in Section 
77-11a-101
.
(9)
"Continuous chain of custody" means:
(a)
for a law enforcement agency or a court, that legal standards regarding a continuous 
chain of custody are maintained; and
(b)
for an entity that is not a law enforcement agency or a court, that the entity maintains 
a record in accordance with legal standards required of the entity.
(10)
"Contraband" means the same as that term is defined in Section 
77-11a-101
.
(11)
"Controlled substance" means the same as that term is defined in Section 
58-37-2
.
(12)
"Court" means a municipal, county, or state court.
(13)
"DNA" means deoxyribonucleic acid.
(14)
"DNA profile" means a unique identifier of an individual derived from DNA.
(15)
"Drug paraphernalia" means the same as that term is defined in Section 
58-37a-3
.
(16)
"Evidence" means property, contraband, or an item or substance that:
(a)
is seized or collected as part of an investigation or prosecution of an offense; and
(b)
may reasonably be used to incriminate or exculpate an individual for an offense.
(17)
(a)
"Evidence collecting or retaining entity" means an entity within the state that 
collects, stores, or retrieves biological evidence.
(b)
"Evidence collecting or retaining entity" includes:
(i)
a medical or forensic entity;
(ii)
a law enforcement agency;
(iii)
a court; and
(iv)
an official, employee, or agent of an entity or agency described in this Subsection 
(17).
(v)
"Evidence collecting or retaining entity" does not include a collecting facility 
defined in Section 
53-10-902
.
(18)
"Exhibit" means property, contraband, or an item or substance that is admitted into 
evidence for a court proceeding.
(19)
"In custody" means an individual who:
(a)
is incarcerated, civilly committed, on parole, or on probation; or
(b)
is required to register under 
Title 77, Chapter 41, Sex, Kidnap, and Child Abuse 
Offender Registry
Title 53, Chapter 29, Sex, Kidnap, and Child Abuse Offender 
Registry
.
(20)
"Law enforcement agency" means the same as that term is defined in Section 
77-11a-101
.
(21)
"Medical or forensic entity" means a private or public hospital, medical facility, or 
other entity that secures biological evidence or conducts forensic examinations related to 
criminal investigations.
(22)
"Physical evidence" includes evidence that:
(a)
is related to:
(i)
an investigation;
(ii)
an arrest; or
(iii)
a prosecution that resulted in a judgment of conviction; and
(b)
is in the actual or constructive possession of a law enforcement agency or a court or 
an agent of a law enforcement agency or a court.
(23)
"Property" means the same as that term is defined in Section 
77-11a-101
.
(24)
"Prosecuting attorney" means the same as that term is defined in Section 
77-11a-101
.
(25)
"Sexual assault kit" means the same as that term is defined in Section 
53-10-902
.
(26)
"Victim" means the same as that term is defined in Section 
53-10-902
.
(27)
"Violent felony offense" means the same as the term "violent felony" is defined in 
Section 
76-3-203.5
.
(28)
"Wildlife" means the same as that term is defined in Section 
23A-1-101
.
Section 53, Section 
77-27-5.2
 is amended to read:
77-27-5.2
. Board authority to order removal from Sex, Kidnap, and Child Abuse 
Offender Registry.
(1)
If the board grants a pardon for a conviction 
described in Section 
53-29-202
that is the 
basis for an individual's registration on the Sex, Kidnap, and Child Abuse Offender 
Registry, the board shall issue an order directing the Department of Public Safety to 
remove the individual's name and personal information relating to the pardoned 
conviction from the Sex, Kidnap, and Child Abuse Offender Registry.
(2)
An order described in Subsection (1), issued by the board, satisfies the notification 
requirement described in Subsection 
77-41-113
(1)(b)
53-29-405(1)(b)
.
Section 54, Section 
77-38-605
 is amended to read:
77-38-605
. Administration -- Application.
(1)
The commission shall provide an application form to an applicant who seeks to 
participate in the program under this part.
(2)
The commission may not charge an applicant or program participant for an application 
or participation fee to apply for, or participate in, the program.
(3)
The application shall include:
(a)
the applicant's name;
(b)
a mailing address, a phone number, and an email address where the applicant may be 
contacted by the commission;
(c)
an indication regarding whether the assailant is employed by a state or local 
government entity, and if applicable, the name of the state or local government entity;
(d)
a statement that the applicant understands and consents to:
(i)
remain enrolled in the program for four years, unless the applicant's participation 
in the program is cancelled under Section 
77-38-617
;
(ii)
while the applicant is enrolled in the program, notify the commission when the 
applicant changes the applicant's actual address or legal name;
(iii)
develop a safety plan with a program assistant;
(iv)
authorize the commission to notify a state or local government entity that the 
applicant is a program participant;
(v)
submit written notice to the commission if the applicant chooses to cancel the 
applicant's participation in the program;
(vi)
register to vote in person at the office of the clerk in the county where the 
applicant's actual address is located; and
(vii)
certify that the commission is the applicant's designated agent for service of 
process for personal service;
(e)
evidence that the applicant, or a minor or an incapacitated individual residing with 
the applicant, is a victim, including:
(i)
a law enforcement, court, or other state, local, or federal government agency 
record; or
(ii)
a document from:
(A)
a domestic violence program, facility, or shelter;
(B)
a sexual assault program; or
(C)
a religious, medical, or other professional from whom the applicant, or the 
minor or the incapacitated individual residing with the applicant, sought 
assistance in dealing with alleged abuse, domestic violence, stalking, or a 
sexual offense;
(f)
a statement from the applicant that a disclosure of the applicant's actual address 
would endanger the applicant, or a minor or an incapacitated individual residing with 
the applicant;
(g)
a statement by the applicant that the applicant:
(i)
resides at a residential address that is not known by the assailant;
(ii)
has relocated to a different residential address in the past 90 days that is not 
known by the assailant; or
(iii)
will relocate to a different residential address in the state within 90 days that is 
not known by the assailant;
(h)
the actual address that:
(i)
the applicant requests that the commission not disclose; and
(ii)
is at risk of discovery by the assailant or potential assailant;
(i)
a statement by the applicant disclosing:
(i)
the existence of a court order or action involving the applicant, or a minor or an 
incapacitated individual residing with the applicant, related to a divorce 
proceeding, a child support order or judgment, or the allocation of custody or 
parent-time; and
(ii)
the court that issued the order or has jurisdiction over the action;
(j)
the name of any other individual who resides with the applicant who needs to be a 
program participant to ensure the safety of the applicant, or a minor or an 
incapacitated individual residing with the applicant;
(k)
a statement by the applicant that:
(i)
the applicant, or a minor or an incapacitated individual residing at the same 
address as the applicant, will benefit from participation in the program;
(ii)
if the applicant intends to vote, the applicant will register to vote at the office of 
the clerk in the county in which the applicant actually resides; and
(iii)
the applicant does not have a current obligation to register as a sex offender, 
kidnap offender, or child abuse offender under 
Title 77, Chapter 41, Sex, Kidnap, 
and Child Abuse Offender Registry
Title 53, Chapter 29, Sex, Kidnap, and Child 
Abuse Offender Registry
;
(l)
a statement by the applicant, under penalty of perjury, that the information contained 
in the application is true;
(m)
a statement that:
(i)
if the applicant intends to use the assigned address for any correspondence with 
the State Tax Commission, the applicant must provide the State Tax Commission 
with the applicant's social security number, federal employee identification 
number, and any other identification number related to a tax, fee, charge, or 
license administered by the State Tax Commission; and
(ii)
if the applicant intends to use the assigned address for correspondence to a state 
or local government entity for the purpose of titling or registering a motor vehicle 
or a watercraft that is owned or leased by the applicant, the applicant shall provide 
to the state or local government entity for each motor vehicle or watercraft:
(A)
the motor vehicle or hull identification number;
(B)
the license plate or registration number for the motor vehicle or the watercraft; 
and
(C)
the physical address where each motor vehicle or watercraft is stored; and
(n)
a statement that any assistance or counseling provided by a program assistant as part 
of the program does not constitute legal advice or legal services to the applicant.
Section 55, Section 
77-40a-303
 is amended to read:
77-40a-303
. Requirements for a certificate of eligibility to expunge records of a 
conviction.
(1)
Except as otherwise provided by this section, a petitioner is eligible to receive a 
certificate of eligibility from the bureau to expunge the records of a conviction if:
(a)
the petitioner has paid in full all fines and interest ordered by the court related to the 
conviction for which expungement is sought;
(b)
the petitioner has paid in full all restitution ordered by the court under Section 
77-38b-205
; and
(c)
the following time periods have passed after the day on which the petitioner was 
convicted or released from incarceration, parole, or probation, whichever occurred 
last, for the conviction that the petitioner seeks to expunge:
(i)
10 years for the conviction of a misdemeanor under Subsection 
41-6a-501
(2);
(ii)
10 years for the conviction of a felony for operating a motor vehicle with any amount of a 
controlled substance in an individual's body and causing serious bodily injury or death, as 
codified before May 4, 2022, Laws of Utah 2021, 
Chapter 236, Section 1, Subsection 
58-37-8
(2)(g);
(iii)
seven years for the conviction of a felony;
(iv)
five years for the conviction of a drug possession offense that is a felony;
(v)
five years for the conviction of a class A misdemeanor;
(vi)
four years for the conviction of a class B misdemeanor; or
(vii)
three years for the conviction of a class C misdemeanor or infraction.
(2)
A petitioner is not eligible to receive a certificate of eligibility from the bureau to 
expunge the records of a conviction under Subsection (1) if:
(a)
except as provided in Subsection (3), the conviction for which expungement is 
sought is:
(i)
a capital felony;
(ii)
a first degree felony;
(iii)
a felony conviction of a violent felony as defined in Subsection 
76-3-203.5
(1)(c)(i);
(iv)
a felony conviction described in Subsection 
41-6a-501
(2);
(v)
an offense, or a combination of offenses, that would 
require the individual to 
register as a sex offender, as defined in Section 
77-41-102
result in the individual 
being a sex offender under Subsection 
53-29-202(2)(b)
; or
(vi)
a registerable child abuse offense as defined in Subsection 
77-41-102(1)
;
an 
offense, or a combination of offenses, that would result in the individual being a 
child abuse offender under Subsection 
53-29-202(2)(a)
;
(b)
there is a criminal proceeding for a misdemeanor or felony offense pending against 
the petitioner, unless the criminal proceeding is for a traffic offense;
(c)
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;
(d)
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;
(e)
the petitioner intentionally or knowingly provides false or misleading information on 
the application for a certificate of eligibility;
(f)
there is a criminal protective order or a criminal stalking injunction in effect for the 
case; or
(g)
the bureau determines that the petitioner's criminal history makes the petitioner 
ineligible for a certificate of eligibility under Subsection (4) or (5).
(3)
Subsection (2)(a) does not apply to a conviction for a qualifying sexual offense, as 
defined in Section 
76-3-209
, if, at the time of the offense, a petitioner who committed 
the offense was at least 14 years old but under 18 years old, unless the petitioner was 
convicted by a district court as an adult in accordance with 
Title 80, Chapter 6, Part 5, 
Transfer to District Court
Title 80, Chapter 6, Part 5, Minor Tried as an Adult
.
(4)
Subject to Subsections (6), (7), and (8), a petitioner is not eligible to receive a certificate 
of eligibility if, at the time the petitioner seeks the certificate of eligibility, the bureau 
determines that the petitioner's criminal history, including previously expunged 
convictions, contains any of the following:
(a)
two or more felony convictions other than for drug possession offenses, each of 
which is contained in a separate criminal episode;
(b)
any combination of three or more convictions other than for drug possession offenses 
that include two class A misdemeanor convictions, each of which is contained in a 
separate criminal episode;
(c)
any combination of four or more convictions other than for drug possession offenses 
that include three class B misdemeanor convictions, each of which is contained in a 
separate criminal episode; or
(d)
five or more convictions other than for drug possession offenses of any degree 
whether misdemeanor or felony, each of which is contained in a separate criminal 
episode.
(5)
Subject to Subsections (7) and (8), a petitioner is not eligible to receive a certificate of 
eligibility if, at the time the petitioner seeks the certificate of eligibility, the bureau 
determines that the petitioner's criminal history, including previously expunged 
convictions, contains any of the following:
(a)
three or more felony convictions for drug possession offenses, each of which is 
contained in a separate criminal episode; or
(b)
any combination of five or more convictions for drug possession offenses, each of 
which is contained in a separate criminal episode.
(6)
If the petitioner's criminal history contains convictions for both a drug possession 
offense and a non-drug possession offense arising from the same criminal episode, the 
bureau shall count that criminal episode as a conviction under Subsection (4) if any 
non-drug possession offense in that episode:
(a)
is a felony or class A misdemeanor; or
(b)
has the same or a longer waiting period under Subsection (1)(c) than any drug 
possession offense in that episode.
(7)
Except as provided in Subsection (8), if at least 10 years have passed after the day on 
which the petitioner was convicted or released from incarceration, parole, or probation, 
whichever occurred last, for all convictions:
(a)
each numerical eligibility limit under Subsections (4)(a) and (b) shall be increased by 
one; and
(b)
each numerical eligibility limit under Subsections (4)(c) and (d) is not applicable if 
the highest level of convicted offense in the criminal episode is:
(i)
a class B misdemeanor;
(ii)
a class C misdemeanor;
(iii)
a drug possession offense if none of the non-drug possession offenses in the 
criminal episode are a felony or a class A misdemeanor; or
(iv)
an infraction.
(8)
When determining whether a petitioner is eligible for a certificate of eligibility under 
Subsection (4), (5), or (7), the bureau may not consider a petitioner's pending case or 
prior conviction for:
(a)
an infraction;
(b)
a traffic offense;
(c)
a minor regulatory offense; or
(d)
a clean slate eligible case that was automatically expunged.
(9)
If the petitioner received a pardon before May 14, 2013, from the Utah Board of 
Pardons and Parole, the petitioner is entitled to an expungement order for all pardoned 
crimes in accordance with Section 
77-27-5.1
.
Section 56, Section 
77-40a-403
 is amended to read:
77-40a-403
. Release and use of expunged records -- Agencies.
(1)
(a)
An agency with an expunged record, or any employee of an agency with an 
expunged record, may not knowingly or intentionally divulge any information 
contained in the expunged record to any person, or another agency, without a court 
order unless:
(i)
specifically authorized by Subsection (4) or Section 
77-40a-404
; or
(ii)
subject to Subsection (1)(b), the information in an expunged record is being 
shared with another agency through a records management system that both 
agencies use for the purpose of record management.
(b)
An agency with a records management system may not disclose any information in 
an expunged record to another agency or person, or allow another agency or person 
access to an expunged record, if that agency or person does not use the records 
management system for the purpose of record management.
(2)
The following entities or agencies may receive information contained in expunged 
records upon specific request:
(a)
the Board of Pardons and Parole;
(b)
Peace Officer Standards and Training;
(c)
federal authorities if required by federal law;
(d)
the State Board of Education;
(e)
the Commission on Criminal and Juvenile Justice, for purposes of investigating 
applicants for judicial office; and
(f)
a research institution or an agency engaged in research regarding the criminal justice 
system if:
(i)
the research institution or agency provides a legitimate research purpose for 
gathering information from the expunged records;
(ii)
the research institution or agency enters into a data sharing agreement with the 
court or agency with custody of the expunged records that protects the 
confidentiality of any identifying information in the expunged records;
(iii)
any research using expunged records does not include any individual's name or 
identifying information in any product of that research; and
(iv)
any product resulting from research using expunged records includes a disclosure 
that expunged records were used for research purposes.
(3)
Except as otherwise provided by this section or by court order, a person, an agency, or 
an entity authorized by this section to view expunged records may not reveal or release 
any information obtained from the expunged records to anyone outside the specific 
request, including distribution on a public website.
(4)
A prosecuting attorney may communicate with another prosecuting attorney, or another 
prosecutorial agency, regarding information in an expunged record that includes a 
conviction, or a charge dismissed as a result of a successful completion of a plea in 
abeyance agreement, for:
(a)
stalking as described in Section 
76-5-106.5
;
(b)
a domestic violence offense as defined in Section 
77-36-1
;
(c)
an offense that would 
require the individual to register as a sex offender, kidnap 
offender, or child abuse offender as defined in Section 
77-41-102
result in the 
individual being a child abuse offender, a sex offender, or a kidnap offender under 
Section 
53-29-202
; or
(d)
a weapons offense under Title 76, Chapter 10, Part 5, Weapons.
(5)
Except as provided in Subsection (7), a prosecuting attorney may not use an expunged 
record for the purpose of a sentencing enhancement or as a basis for charging an 
individual with an offense that requires a prior conviction.
(6)
The bureau may also use the information in the bureau's index as provided in Section 
53-5-704
.
(7)
If an individual is charged with a felony, or an offense eligible for enhancement based 
on a prior conviction, after obtaining an order of expungement, the prosecuting attorney 
may petition the court in which the individual is charged to open the expunged records 
upon a showing of good cause.
(8)
(a)
For judicial sentencing, a court may order any records expunged under this 
chapter or Section 
77-27-5.1
 to be opened and admitted into evidence.
(b)
The records are confidential and are available for inspection only by the court, 
parties, counsel for the parties, and any other person who is authorized by the court to 
inspect them.
(c)
At the end of the action or proceeding, the court shall order the records expunged 
again.
(d)
Any person authorized by this Subsection (8) to view expunged records may not 
reveal or release any information obtained from the expunged records to anyone 
outside the court.
(9)
Records released under this chapter are classified as protected under Section 
63G-2-305
and are accessible only as provided under Title 63G, Chapter 2, Part 2, Access to 
Records, and Subsection 
53-10-108
(2)(k) for records held by the bureau.
Section 57, 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)
except as provided in Subsection (1)(b)(v), $325 if the petition is filed for an 
action described in Title 81, Chapter 4, Dissolution of Marriage;
(v)
$35 for a petition for temporary separation described in Section 
81-4-104
;
(vi)
$125 if the petition is for removal from the 
The 
Sex, Kidnap, and Child Abuse 
Offender Registry under Section 
77-41-112
53-29-204
, 
53-29-205
, or 
53-29-206
; 
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 for an action described in Title 81, Chapter 4, 
Dissolution of Marriage.
(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 
81-2-304
 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 
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.
Section 58, Section 
78B-8-302
 is amended to read:
78B-8-302
. Process servers.
(1)
A complaint, a summons, or a subpoena may be served by an individual who is:
(a)
18 years old or older at the time of service; and
(b)
not a party to the action or a party's attorney.
(2)
Except as provided in Subsection (5), the following may serve all process issued by the 
courts of this state:
(a)
a peace officer employed by a political subdivision of the state acting within the 
scope and jurisdiction of the peace officer's employment;
(b)
a sheriff or appointed deputy sheriff employed by a county of the state;
(c)
a constable, or the constable's deputy, serving in compliance with applicable law;
(d)
an investigator employed by the state and authorized by law to serve civil process; or
(e)
a private investigator licensed in accordance with Title 53, Chapter 9, Private 
Investigator Regulation Act.
(3)
A private investigator licensed in accordance with Title 53, Chapter 9, Private 
Investigator Regulation Act, may not make an arrest pursuant to a bench warrant.
(4)
While serving process, a private investigator shall:
(a)
have on the investigator's body a visible form of credentials and identification 
identifying:
(i)
the investigator's name;
(ii)
that the investigator is a licensed private investigator; and
(iii)
the name and address of the agency employing the investigator or, if the 
investigator is self-employed, the address of the investigator's place of business;
(b)
verbally communicate to the person being served that the investigator is acting as a 
process server; and
(c)
print on the first page of each document served:
(i)
the investigator's name and identification number as a private investigator; and
(ii)
the address and phone number for the investigator's place of business.
(5)
The following may only serve process under this section when the use of force is 
authorized on the face of the document, or when a breach of the peace is imminent or 
likely under the totality of the circumstances:
(a)
a law enforcement officer, as defined in Section 
53-13-103
; or
(b)
a special function officer, as defined in Section 
53-13-105
, who is:
(i)
employed as an appointed deputy sheriff by a county of the state; or
(ii)
a constable.
(6)
The following may not serve process issued by a court:
(a)
an individual convicted of a felony violation of an offense 
listed in Subsection 
77-41-102
(19)
that would result in the individual being a sex offender under 
Subsection 
53-29-202(2)(b)
; or
(b)
an individual who is a respondent in a proceeding described in Title 78B, Chapter 7, 
Protective Orders and Stalking Injunctions, in which a court has granted the 
petitioner a protective order.
(7)
An individual serving process shall:
(a)
legibly document the date and time of service on the front page of the document 
being served;
(b)
legibly print the process server's name, address, and telephone number on the return 
of service;
(c)
sign the return of service in substantial compliance with Title 78B, Chapter 18a, 
Uniform Unsworn Declarations Act;
(d)
if the process server is a peace officer, sheriff, or deputy sheriff, legibly print the 
badge number of the process server on the return of service; and
(e)
if the process server is a private investigator, legibly print the private investigator's 
identification number on the return of service.
Section 59, Section 
80-3-406
 is amended to read:
80-3-406
. Permanency plan -- Reunification services.
(1)
If the juvenile court orders continued removal at the dispositional hearing under Section 
80-3-402
, and that the minor remain in the custody of the division, the juvenile court 
shall first:
(a)
establish a primary permanency plan and a concurrent permanency plan for the minor 
in accordance with this section; and
(b)
determine whether, in view of the primary permanency plan, reunification services 
are appropriate for the minor and the minor's family under Subsections 
(5)
 through 
(8)
.
(2)
(a)
The concurrent permanency plan shall include:
(i)
a representative list of the conditions under which the primary permanency plan 
will be abandoned in favor of the concurrent permanency plan; and
(ii)
an explanation of the effect of abandoning or modifying the primary permanency 
plan.
(b)
In determining the primary permanency plan and concurrent permanency plan, the 
juvenile court shall consider:
(i)
the preference for kinship placement over nonkinship placement, including the 
rebuttable presumption described in Subsection 
80-3-302(7)(a)
;
(ii)
the potential for a guardianship placement if parental rights are terminated and no 
appropriate adoption placement is available; and
(iii)
the use of an individualized permanency plan, only as a last resort.
(3)
(a)
The juvenile court may amend a minor's primary permanency plan before the 
establishment of a final permanency plan under Section 
80-3-409
.
(b)
The juvenile court is not limited to the terms of the concurrent permanency plan in 
the event that the primary permanency plan is abandoned.
(c)
If, at any time, the juvenile court determines that reunification is no longer a minor's 
primary permanency plan, the juvenile court shall conduct a permanency hearing in 
accordance with Section 
80-3-409
 on or before the earlier of:
(i)
30 days after the day on which the juvenile court makes the determination 
described in this Subsection 
(3)(c)
; or
(ii)
the day on which the provision of reunification services, described in Section 
80-3-409
, ends.
(4)
(a)
Because of the state's interest in and responsibility to protect and provide 
permanency for minors who are abused, neglected, or dependent, the Legislature 
finds that a parent's interest in receiving reunification services is limited.
(b)
The juvenile court may determine that:
(i)
efforts to reunify a minor with the minor's family are not reasonable or 
appropriate, based on the individual circumstances; and
(ii)
reunification services should not be provided.
(c)
In determining reasonable efforts to be made with respect to a minor, and in making 
reasonable efforts, the juvenile court and the division shall consider the minor's 
health, safety, and welfare as the paramount concern.
(5)
There is a presumption that reunification services should not be provided to a parent if 
the juvenile court finds, by clear and convincing evidence, that any of the following 
circumstances exist:
(a)
the whereabouts of the parents are unknown, based on a verified affidavit indicating 
that a reasonably diligent search has failed to locate the parent;
(b)
subject to Subsection 
(6)(a)
, the parent is suffering from a mental illness of such 
magnitude that the mental illness renders the parent incapable of utilizing 
reunification services;
(c)
the minor was previously adjudicated as an abused child due to physical abuse, 
sexual abuse, or sexual exploitation, and following the adjudication the child:
(i)
was removed from the custody of the minor's parent;
(ii)
was subsequently returned to the custody of the parent; and
(iii)
is being removed due to additional physical abuse, sexual abuse, or sexual 
exploitation;
(d)
the parent:
(i)
caused the death of another minor through abuse or neglect;
(ii)
committed, aided, abetted, attempted, conspired, or solicited to commit:
(A)
murder or manslaughter of a minor; or
(B)
child abuse homicide;
(iii)
committed sexual abuse against the minor;
(iv)
is 
a registered sex offender or required to register as a sex offender
a sex 
offender under Subsection 
53-29-202(2)(b)
; or
(v)
(A)
intentionally, knowingly, or recklessly causes the death of another parent 
of the minor;
(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 minor; or
(C)
is being prosecuted for or has been convicted of intentionally, knowingly, or 
recklessly causing the death of another parent of the minor;
(e)
the minor suffered severe abuse by the parent or by any individual known by the 
parent if the parent knew or reasonably should have known that the individual was 
abusing the minor;
(f)
the minor is adjudicated as an abused minor as a result of severe abuse by the parent, 
and the juvenile court finds that it would not benefit the minor to pursue reunification 
services with the offending parent;
(g)
the parent's rights are terminated with regard to any other minor;
(h)
the minor was removed from the minor's home on at least two previous occasions 
and reunification services were offered or provided to the family at those times;
(i)
the parent has abandoned the minor for a period of six months or longer;
(j)
the parent permitted the minor to reside, on a permanent or temporary basis, at a 
location where the parent knew or should have known that a clandestine laboratory 
operation was located;
(k)
except as provided in Subsection 
(6)(b)
, with respect to a parent who is the minor's 
birth mother, the minor has fetal alcohol syndrome, fetal alcohol spectrum disorder, 
or was exposed to an illegal or prescription drug that was abused by the minor's 
mother while the minor was in utero, if the minor was taken into division custody for 
that reason, unless the mother agrees to enroll in, is currently enrolled in, or has 
recently and successfully completed a substance use disorder treatment program 
approved by the department; or
(l)
any other circumstance that the juvenile court determines should preclude 
reunification efforts or services.
(6)
(a)
The juvenile court shall base the finding under Subsection 
(5)(b)
 on competent 
evidence from at least two medical or mental health professionals, who are not 
associates, establishing that, even with the provision of services, the parent is not 
likely to be capable of adequately caring for the minor within 12 months after the day 
on which the juvenile court finding is made.
(b)
The juvenile court may disregard the provisions of Subsection 
(5)(k)
 if the juvenile 
court finds, under the circumstances of the case, that the substance use disorder 
treatment described in Subsection 
(5)(k)
 is not warranted.
(7)
In determining whether reunification services are appropriate, the juvenile court shall 
take into consideration:
(a)
failure of the parent to respond to previous services or comply with a previous child 
and family plan;
(b)
the fact that the minor was abused while the parent was under the influence of drugs 
or alcohol;
(c)
any history of violent behavior directed at the minor or an immediate family member;
(d)
whether a parent continues to live with an individual who abused the minor;
(e)
any patterns of the parent's behavior that have exposed the minor to repeated abuse;
(f)
testimony by a competent professional that the parent's behavior is unlikely to be 
successful; and
(g)
whether the parent has expressed an interest in reunification with the minor.
(8)
If, under Subsections 
(5)(b)
 through 
(l)
, the juvenile court does not order reunification 
services, a permanency hearing shall be conducted within 30 days in accordance with 
Section 
80-3-409
.
(9)
(a)
Subject to Subsections 
(9)(b)
 through 
(e)
, if the juvenile court determines that 
reunification services are appropriate for the minor and the minor's family, the 
juvenile court shall provide for reasonable parent-time with the parent or parents 
from whose custody the minor was removed, unless parent-time is not in the best 
interest of the minor.
(b)
Parent-time is in the best interests of a minor unless the juvenile court makes a 
finding that it is necessary to deny parent-time in order to:
(i)
protect the physical safety of the minor;
(ii)
protect the life of the minor; or
(iii)
prevent the minor from being traumatized by contact with the parent due to the 
minor's fear of the parent in light of the nature of the alleged abuse or neglect.
(c)
Notwithstanding Subsection 
(9)(a)
, a juvenile court may not deny parent-time based 
solely on a parent's failure to:
(i)
prove that the parent has not used legal or illegal substances; or
(ii)
comply with an aspect of the child and family plan that is ordered by the juvenile 
court.
(d)
Parent-time shall be under the least restrictive conditions necessary to:
(i)
protect the physical safety of the child; or
(ii)
prevent the child from being traumatized by contact with the parent due to the 
minor's fear of the parent in light of the nature of the alleged abuse or neglect.
(e)
(i)
The division or the person designated by the division or a court to supervise a 
parent-time session may deny parent-time for the session if the division or the 
supervising person determines that, based on the parent's condition, it is necessary 
to deny parent-time to:
(A)
protect the physical safety of the child;
(B)
protect the life of the child; or
(C)
consistent with Subsection 
(9)(e)(ii)
, prevent the child from being traumatized 
by contact with the parent.
(ii)
In determining whether the condition of the parent described in Subsection 
(9)(e)(i)
 will traumatize a child, the division or the person supervising the 
parent-time session shall consider the impact that the parent's condition will have 
on the child in light of:
(A)
the child's fear of the parent; and
(B)
the nature of the alleged abuse or neglect.
(10)
(a)
If the juvenile court determines that reunification services are appropriate, the 
juvenile court shall order that the division make reasonable efforts to provide services 
to the minor and the minor's parent for the purpose of facilitating reunification of the 
family, for a specified period of time.
(b)
In providing the services described in Subsection 
(10)(a)
, the juvenile court and the 
division shall consider the minor's health, safety, and welfare as the paramount 
concern.
(11)
In cases where sexual abuse, sexual exploitation, abandonment, severe abuse, or severe 
neglect are involved:
(a)
the juvenile court does not have any duty to order reunification services; and
(b)
the division does not have a duty to make reasonable efforts to or in any other way 
attempt to provide reunification services or attempt to rehabilitate the offending 
parent or parents.
(12)
(a)
The juvenile court shall:
(i)
determine whether the services offered or provided by the division under the child 
and family plan constitute reasonable efforts on the part of the division;
(ii)
determine and define the responsibilities of the parent under the child and family 
plan in accordance with Subsection 
80-3-307(5)(g)(iii)
; and
(iii)
identify verbally on the record, or in a written document provided to the parties, 
the responsibilities described in Subsection 
(12)(a)(ii)
, for the purpose of assisting 
in any future determination regarding the provision of reasonable efforts, in 
accordance with state and federal law.
(b)
If the parent is in a substance use disorder treatment program, other than a certified 
drug court program, the juvenile court may order the parent:
(i)
to submit to supplementary drug or alcohol testing, in accordance with Subsection 
80-3-110(6)
, in addition to the testing recommended by the parent's substance use 
disorder program based on a finding of reasonable suspicion that the parent is 
abusing drugs or alcohol; and
(ii)
to provide the results of drug or alcohol testing recommended by the substance 
use disorder program to the juvenile court or division.
(13)
(a)
The time period for reunification services may not exceed 12 months from the 
day on which the minor was initially removed from the minor's home, unless the time 
period is extended under Subsection 
80-3-409(7)
.
(b)
This section does not entitle any parent to an entire 12 months of reunification 
services.
(14)
(a)
If reunification services are ordered, the juvenile court may terminate those 
services at any time.
(b)
If, at any time, continuation of reasonable efforts to reunify a minor is determined to 
be inconsistent with the final permanency plan for the minor established under 
Section 
80-3-409
, then measures shall be taken, in a timely manner, to:
(i)
place the minor in accordance with the final permanency plan; and
(ii)
complete whatever steps are necessary to finalize the permanent placement of the 
minor.
(15)
Any physical custody of the minor by the parent or a relative during the period 
described in Subsections 
(10)
 through 
(14)
 does not interrupt the running of the period.
(16)
(a)
If reunification services are ordered, the juvenile court shall conduct a 
permanency hearing in accordance with Section 
80-3-409
 before the day on which 
the time period for reunification services expires.
(b)
The permanency hearing shall be held no later than 12 months after the original 
removal of the minor.
(c)
If reunification services are not ordered, a permanency hearing shall be conducted 
within 30 days in accordance with Section 
80-3-409
.
(17)
With regard to a minor in the custody of the division whose parent or parents are 
ordered to receive reunification services but who have abandoned that minor for a period 
of six months from the day on which reunification services are ordered:
(a)
the juvenile court shall terminate reunification services; and
(b)
the division shall petition the juvenile court for termination of parental rights.
(18)
When a minor is under the custody of the division and has been separated from a 
sibling due to foster care or adoptive placement, a juvenile court may order sibling 
visitation, subject to the division obtaining consent from the sibling's guardian, 
according to the juvenile court's determination of the best interests of the minor for 
whom the hearing is held.
(19)
(a)
If reunification services are not ordered under this section, and the whereabouts 
of a parent becomes known within six months after the day on which the out-of-home 
placement of the minor is made, the juvenile court may order the division to provide 
reunification services.
(b)
The time limits described in this section are not tolled by the parent's absence.
(20)
(a)
If a parent is incarcerated or institutionalized, the juvenile court shall order 
reasonable services unless the juvenile court determines that those services would be 
detrimental to the minor.
(b)
In making the determination described in Subsection 
(20)(a)
, the juvenile court shall 
consider:
(i)
the age of the minor;
(ii)
the degree of parent-child bonding;
(iii)
the length of the sentence;
(iv)
the nature of the treatment;
(v)
the nature of the crime or illness;
(vi)
the degree of detriment to the minor if services are not offered;
(vii)
for a minor who is 10 years old or older, the minor's attitude toward the 
implementation of family reunification services; and
(viii)
any other appropriate factors.
(c)
Reunification services for an incarcerated parent are subject to the time limitations 
imposed in this section.
(d)
Reunification services for an institutionalized parent are subject to the time 
limitations imposed in this section, unless the juvenile court determines that 
continued reunification services would be in the minor's best interest.
Section 60, Section 
80-5-201
 is amended to read:
80-5-201
. Division responsibilities.
(1)
The division is responsible for all minors committed to the division by juvenile courts 
under Sections 
80-6-703
 and 
80-6-705
.
(2)
The division shall:
(a)
establish and administer a continuum of community, secure, and nonsecure programs 
for all minors committed to the division;
(b)
establish and maintain all detention and secure care facilities and set minimum 
standards for all detention and secure care facilities;
(c)
establish and operate prevention and early intervention youth services programs for 
nonadjudicated minors placed with the division;
(d)
establish observation and assessment programs necessary to serve minors in a 
nonresidential setting under Subsection 
80-6-706
(1);
(e)
place minors committed to the division under Section 
80-6-703
 in the most 
appropriate program for supervision and treatment;
(f)
employ staff necessary to:
(i)
supervise and control minors committed to the division for secure care or 
placement in the community;
(ii)
supervise and coordinate treatment of minors committed to the division for 
placement in community-based programs; and
(iii)
control and supervise adjudicated and nonadjudicated minors placed with the 
division for temporary services in juvenile receiving centers, youth services, and 
other programs established by the division;
(g)
control or detain a minor committed to the division, or in the temporary custody of 
the division, in a manner that is consistent with public safety and rules made by the 
division;
(h)
establish and operate work programs for minors committed to the division by the 
juvenile court that:
(i)
are not residential;
(ii)
provide labor to help in the operation, repair, and maintenance of public facilities, 
parks, highways, and other programs designated by the division;
(iii)
provide educational and prevocational programs in cooperation with the State 
Board of Education for minors placed in the program; and
(iv)
provide counseling to minors;
(i)
establish minimum standards for the operation of all private residential and 
nonresidential rehabilitation facilities that provide services to minors who have 
committed an offense in this state or in any other state;
(j)
provide regular training for secure care staff, detention staff, case management staff, 
and staff of the community-based programs;
(k)
designate employees to obtain the saliva DNA specimens required under Section 
53-10-403
;
(l)
ensure that the designated employees receive appropriate training and that the 
specimens are obtained in accordance with accepted protocol;
(m)
register an individual with the Department of Public Safety who:
(i)
is adjudicated for an offense 
listed in Subsection 
77-41-102
(1) or 
77-41-102
(19)
that would result in the individual being a child abuse offender under Subsection 
53-29-202(2)(a)
 or a sex offender under Subsection 
53-29-202(2)(b)
;
(ii)
is committed to the division for secure care; and
(iii)
(A)
if the individual is a youth offender, remains in the division's custody 30 
days before the individual's 21st birthday; or
(B)
if the individual is a serious youth offender, remains in the division's custody 
30 days before the individual's 25th birthday; and
(n)
ensure that a program delivered to a minor under this section is an evidence-based 
program in accordance with Section 
63M-7-208
.
(3)
(a)
The division is authorized to employ special function officers, as defined in 
Section 
53-13-105
, to:
(i)
locate and apprehend minors who have absconded from division custody;
(ii)
transport minors taken into custody in accordance with division policy;
(iii)
investigate cases; and
(iv)
carry out other duties as assigned by the division.
(b)
A special function officer may be:
(i)
employed through a contract with the Department of Public Safety, or any law 
enforcement agency certified by the Peace Officer Standards and Training 
Division; or
(ii)
directly hired by the division.
(4)
In the event of an unauthorized leave from secure care, detention, a community-based 
program, a juvenile receiving center, a home, or any other designated placement of a 
minor, a division employee has the authority and duty to locate and apprehend the 
minor, or to initiate action with a local law enforcement agency for assistance.
(5)
The division may proceed with an initial medical screening or assessment of a child 
admitted to a detention facility to ensure the safety of the child and others in the 
detention facility if the division makes a good faith effort to obtain consent for the 
screening or assessment from the child's parent or guardian.
Section 61, Section 
80-8-101
 is amended to read:
80-8-101
. Definitions.
As used in this chapter:
(1)
"Child" means an individual under 18 years old.
(2)
"Registered sex offender check" means a search of:
(a)
the 
state's Sex and Kidnap Offender Registry
registry
 described in 
Title 77, Chapter 
41, Sex and Kidnap Offender Registry
Title 53, Chapter 29, Sex, Kidnap, and Child 
Abuse Offender Registry
; and
(b)
the National Sex Offender Public Website administered by the United States 
Department of Justice.
(3)
"Sexual abuse" means the same as that term is defined in Section 
78B-2-308
.
(4)
(a)
"Youth services organization" means a sports league, athletic association, church 
or religious organization, scouting organization, or similar formally organized 
association, league, or organization, that provides recreational, educational, cultural, 
or social programs or activities to 25 or more children.
(b)
"Youth services organization" does not include any person that is required to conduct 
a background check on employees or volunteers under any other provision of state or 
federal law.
(5)
"Youth worker" means an individual:
(a)
who is 18 years old or older;
(b)
who is employed by or volunteers with a youth services organization; and
(c)
whose responsibilities as an employee or volunteer with the youth services 
organization give the individual regular and repeated care, supervision, guidance, or 
control of a child or children.
Section 62, Section 
80-8-201
 is amended to read:
80-8-201
. Youth protection requirements.
(1)
A youth service organization may not employ a youth worker or allow an individual to 
volunteer as a youth worker unless the youth service organization has completed a 
registered sex offender check for the individual.
(2)
A youth services organization shall require a potential youth worker to provide the 
individual's full name and a current, government-issued identification to facilitate the 
registered sex offender check required by Subsection (1).
(3)
If an individual is registered on the 
state's Sex and Kidnap Offender Registry
registry 
described in Title 53, Chapter 29, Sex, Kidnap, and Child Abuse Offender Registry,
 or 
the National Sex Offender Public Website, a youth service organization may not employ 
the individual as a youth worker or allow the individual to volunteer as a youth worker.
Section 63, Section 
81-9-202
 is amended to read:
81-9-202
. Advisory guidelines for a custody and parent-time arrangement.
(1)
In addition to the parent-time schedules provided in Sections 
81-9-302
 and 
81-9-304
, 
the following advisory guidelines are suggested to govern a custody and parent-time 
arrangement between parents.
(2)
A parent-time schedule mutually agreed upon by both parents is preferable to a 
court-imposed solution.
(3)
A parent-time schedule shall be used to maximize the continuity and stability of the 
minor child's life.
(4)
Each parent shall give special consideration to make the minor child available to attend 
family functions including funerals, weddings, family reunions, religious holidays, 
important ceremonies, and other significant events in the life of the minor child or in the 
life of either parent which may inadvertently conflict with the parent-time schedule.
(5)
(a)
The court shall determine the responsibility for the pick up, delivery, and return of 
the minor child when the parent-time order is entered.
(b)
The court may change the responsibility described in Subsection (5)(a) at any time a 
subsequent modification is made to the parent-time order.
(c)
If the noncustodial parent will be providing transportation, the custodial parent shall:
(i)
have the minor child ready for parent-time at the time the minor child is to be 
picked up ; and
(ii)
be present at the custodial home or make reasonable alternate arrangements to 
receive the minor child at the time the minor child is returned.
(d)
If the custodial parent will be transporting the minor child, the noncustodial parent 
shall:
(i)
be at the appointed place at the time the noncustodial parent is to receive the 
minor child; and
(ii)
have the minor child ready to be picked up at the appointed time and place or 
have made reasonable alternate arrangements for the custodial parent to pick up 
the minor child.
(6)
A parent may not interrupt regular school hours for a school-age minor child for the 
exercise of parent-time.
(7)
The court may:
(a)
make alterations in the parent-time schedule to reasonably accommodate the work 
schedule of both parents; and
(b)
increase the parent-time allowed to the noncustodial parent but may not diminish the 
standardized parent-time provided in Sections 
81-9-302
 and 
81-9-304
.
(8)
The court may make alterations in the parent-time schedule to reasonably accommodate 
the distance between the parties and the expense of exercising parent-time.
(9)
A parent may not withhold parent-time or child support due to the other parent's failure 
to comply with a court-ordered parent-time schedule.
(10)
(a)
The custodial parent shall notify the noncustodial parent within 24 hours of 
receiving notice of all significant school, social, sports, and community functions in 
which the minor child is participating or being honored.
(b)
The noncustodial parent is entitled to attend and participate fully in the functions 
described in Subsection (10)(a).
(c)
The noncustodial parent shall have access directly to all school reports including 
preschool and daycare reports and medical records.
(d)
A parent shall immediately notify the other parent in the event of a medical 
emergency.
(11)
Each parent shall provide the other with the parent's current address and telephone 
number, email address, and other virtual parent-time access information within 24 hours 
of any change.
(12)
(a)
Each parent shall permit and encourage, during reasonable hours, reasonable and 
uncensored communications with the minor child, in the form of mail privileges and 
virtual parent-time if the equipment is reasonably available.
(b)
If the parents cannot agree on whether the equipment is reasonably available, the 
court shall decide whether the equipment for virtual parent-time is reasonably 
availableby
available by
 taking into consideration:
(i)
the best interests of the minor child;
(ii)
each parent's ability to handle any additional expenses for virtual parent-time; and
(iii)
any other factors the court considers material.
(13)
(a)
Parental care is presumed to be better care for the minor child than surrogate care.
(b)
The court shall encourage the parties to cooperate in allowing the noncustodial 
parent, if willing and able to transport the minor child, to provide the child care. 
(c)
 Child care arrangements existing during the marriage are preferred as are child care 
arrangements with nominal or no charge.
(14)
Each parent shall:
(a)
provide all surrogate care providers with the name, current address, and telephone 
number of the other parent; and
(b)
provide the noncustodial parent with the name, current address, and telephone 
number of all surrogate care providers unless the court for good cause orders 
otherwise.
(15)
(a)
Each parent is entitled to an equal division of major religious holidays celebrated 
by the parents.
(b)
The parent who celebrates a religious holiday that the other parent does not celebrate 
shall have the right to be together with the minor child on the religious holiday.
(16)
If the minor child is on a different parent-time schedule than a sibling, based on 
Sections 
81-9-302
 and 
81-9-304
, the parents should consider if an upward deviation for 
parent-time with all the minor children so that parent-time is uniform between school 
aged and nonschool aged children, is appropriate.
(17)
(a)
When one or both parents are servicemembers or contemplating joining a 
uniformed service, the parents should resolve issues of custodial responsibility in the 
event of deployment as soon as practicable through reaching a voluntary agreement 
pursuant to Section 
78B-20-201
 or through court order obtained pursuant to this part. 
(b)
 Service members shall ensure their family care plan reflects orders and agreements 
entered and filed pursuant to Title 78B, Chapter 20, Uniform Deployed Parents 
Custody, Parent-time, and Visitation Act.
(18)
A parent shall immediately notify the other parent if:
(a)
the parent resides with an individual or provides an individual with access to the 
minor child; and
(b)
the parent knows that the individual:
(i)
is required to register as a sex offender
 or
,
 a kidnap offender
, or a child abuse 
offender
 for an offense 
committed 
against a minor child under 
Title 77, Chapter 
41, Sex and Kidnap Offender Registry
Title 53, Chapter 29, Sex, Kidnap, and 
Child Abuse Offender Registry
;
 or
(ii)
is required to register as a child abuse offender under Title 77, Chapter 43, Child 
Abuse Offender Registry; or
(iii)
(ii)
has been convicted of:
(A)
a child abuse offense under Section 
76-5-109
, 
76-5-109.2
, 
76-5-109.3
, 
76-5-114
, or 
76-5-208
;
(B)
a sexual offense against a minor child under Title 76, Chapter 5, Part 4, Sexual 
Offenses;
(C)
an offense for kidnapping or human trafficking of a minor child under Title 
76, Chapter 5, Part 3, Kidnapping, Trafficking, and Smuggling;
(D)
a sexual exploitation offense against a minor child under Title 76, Chapter 5b, 
Sexual Exploitation Act; or
(E)
an offense that is substantially similar to an offense under Subsections 
(18)(b)(iii)(A)
(18)(b)(ii)(A)
 through (D).
(19)
(a)
For emergency purposes, whenever the minor child travels with a parent, the 
parent shall provide the following information to the other parent:
(i)
an itinerary of travel dates;
(ii)
destinations;
(iii)
places where the minor child or traveling parent can be reached; and
(iv)
the name and telephone number of an available third person who would be 
knowledgeable of the minor child's location.
(b)
Unchaperoned travel of a minor child under the age of five years is not 
recommended.
Section 64, Section 
81-9-208
 is amended to read:
81-9-208
. Modification or termination of a custody or parent-time order -- 
Noncompliance with a parent-time order.
(1)
The court has continuing jurisdiction to make subsequent changes to modify:
(a)
custody of a minor child if there is a showing of a substantial and material change in 
circumstances since the entry of the order; and
(b)
parent-time for a minor child if there is a showing that there is a change in 
circumstances since the entry of the order.
(2)
A substantial and material change in circumstances under Subsection (1)(a) includes a 
showing by a parent that the other parent:
(a)
resides with an individual or provides an individual with access to the minor child; 
and
(b)
knows that the individual:
(i)
is required to register as a sex offender
 or
,
 a kidnap offender
, or a child abuse 
offender
 for an offense 
committed 
against a minor child under 
Title 77, Chapter 
41, Sex and Kidnap Offender Registry
Title 53, Chapter 29, Sex, Kidnap, and 
Child Abuse Offender Registry
;
 or
(ii)
is required to register as a child abuse offender under Title 77, Chapter 43, Child 
Abuse Offender Registry; or
(iii)
(ii)
has been convicted of:
(A)
a child abuse offense under Section 
76-5-109
, 
76-5-109.2
, 
76-5-109.3
, 
76-5-114
, or 
76-5-208
;
(B)
a sexual offense against a minor child under Title 76, Chapter 5, Part 4, Sexual 
Offenses;
(C)
an offense for kidnapping or human trafficking of a minor child under Title 
76, Chapter 5, Part 3, Kidnapping, Trafficking, and Smuggling;
(D)
a sexual exploitation offense against a minor child under Title 76, Chapter 5b, 
Sexual Exploitation Act; or
(E)
an offense that is substantially similar to an offense under Subsections 
(2)(b)(iii)(A)
(2)(b)(ii)(A)
 through (D).
(3)
On the petition of one or both of the parents, or the joint legal or physical custodians if 
they are not the parents, the court may, after a hearing, modify or terminate an order that 
established joint legal custody or joint physical custody if:
(a)
the verified petition or accompanying affidavit initially alleges that admissible 
evidence will show that there has been a substantial and material change in the 
circumstances of the minor child or one or both parents or joint legal or physical 
custodians since the entry of the order to be modified;
(b)
a modification of the terms and conditions of the order would be an improvement for 
and in the best interest of the minor child; and
(c)
(i)
both parents have complied in good faith with the dispute resolution procedure 
in accordance with Subsection 
81-9-205
(8); or
(ii)
if no dispute resolution procedure is contained in the order that established joint 
legal custody or joint physical custody, the court orders the parents to participate 
in a dispute resolution procedure in accordance with Subsection 
81-9-205
(13) 
unless the parents certify that, in good faith, they have used a dispute resolution 
procedure to resolve their dispute.
(4)
(a)
In determining whether the best interest of a minor child will be served by either 
modifying or terminating the joint legal custody or joint physical custody order, the 
court shall, in addition to other factors the court considers relevant, consider the 
factors described in Sections 
81-9-204
 and 
81-9-205
.
(b)
A court order modifying or terminating an existing joint legal custody or joint 
physical custody order shall contain written findings that:
(i)
a substantial and material change of circumstance has occurred; and
(ii)
a modification of the terms and conditions of the order would be an improvement 
for and in the best interest of the minor child.
(c)
The court shall give substantial weight to the existing joint legal custody or joint 
physical custody order when the minor child is thriving, happy, and well-adjusted.
(5)
The court shall, in every case regarding a petition for termination of a joint legal 
custody or joint physical custody order, consider reasonable alternatives to preserve the 
existing order in accordance with Section 
81-9-204
. 
(6)
The court may modify the terms and conditions of the existing order in accordance with 
this chapter and may order the parents to file a parenting plan in accordance with 
Section 
81-9-203
.
(7)
A parent requesting a modification from sole custody to joint legal custody or joint 
physical custody or both, or any other type of shared parenting arrangement, shall file 
and serve a proposed parenting plan with the petition to modify in accordance with 
Section 
81-9-203
.
(8)
If an issue before the court involves custodial responsibility in the event of deployment 
of one or both parents who are service members, and the service member has not yet 
been notified of deployment, the court shall resolve the issue based on the standards in 
Sections 
78B-20-306
 through 
78B-20-309
.
(9)
If the court finds that an action to modify custody or parent-time is filed or answered 
frivolously and, in a manner, designed to harass the other party, the court shall assess 
attorney fees as costs against the offending party.
(10)
If a petition to modify custody or parent-time provisions of a court order is made and 
denied, the court shall order the petitioner to pay the reasonable attorney fees expended 
by the prevailing party in that action if the court determines that the petition was without 
merit and not asserted or defended against in good faith.
(11)
If a motion or petition alleges noncompliance with a parent-time order by a parent, or a 
visitation order by a grandparent or other member of the immediate family where a 
visitation or parent-time right has been previously granted by the court, the court:
(a)
may award to the prevailing party:
(i)
actual attorney fees incurred;
(ii)
the costs incurred by the prevailing party because of the other party's failure to 
provide or exercise court-ordered visitation or parent-time, including:
(A)
court costs;
(B)
child care expenses;
(C)
transportation expenses actually incurred;
(D)
lost wages, if ascertainable; or
(E)
counseling for a parent or a minor child if ordered or approved by the court; or
(iii)
any other appropriate equitable remedy; and
(b)
shall award reasonable make-up parent-time to the prevailing party, unless make-up 
parent-time is not in the best interest of the minor child.
Section 65, 
Repealer.
Definitions.
Department duties.
Registration of offenders -- Department and agency requirements.
Offenses requiring lifetime registration.
Penalties.
Classification of information.
Miscellaneous provisions.
Sex offender, kidnap offender, and child abuse offender registry -- 
Department to maintain.
Fees.
Removal from registry -- Requirements -- Procedure.
Removal for offenses or convictions for which registration is no 
longer required.
Registration for individuals under 18 years old at the time of the 
offense.
Registration of offenders -- Offender responsibilities.
Section 66. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
Section 67. 
Coordinating S.B. 41 with H.B. 21.
If S.B. 41, Sex, Kidnap, and Child Abuse Offender Registry Amendments, and H.B. 
21, Criminal Code Recodification and Cross References, both pass and become law, the 
Legislature intends that, on May 7, 2025:
(1) Subsection 
76-5-419(5)(a)
, which section is renumbered from Section 
76-9-702
, 
in H.B. 21 be amended to read:
"(5)(a) As described in Subsection 
53-29-202(4)
, for purposes of Subsection (3), a 
plea of guilty or nolo contendere to a charge under this section that is held in abeyance under 
Title 77, Chapter 2a, Pleas in Abeyance, is the equivalent of a conviction."; and
(2) Subsection 
53-29-204
(2)(f), enacted in S.B. 41, be amended to read:
"(f) a class A misdemeanor violation of:
(i) voyeurism under Section 
76-12-306
;
(ii) recorded or photographed voyeurism under Section 
76-12-307
; or
(iii) distribution of images obtained through voyeurism under Section 
76-12-308;".
3-6-25 4:29 PM