Enrolled Copy H.B. 229
1 PROPERTY AND FINANCIAL OFFENSE AMENDMENTS
2 2022 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Brady Brammer
5 Senate Sponsor: Michael K. McKell
6 Cosponsor:
7 Travis M. Seegmiller
8
9 LONG TITLE
10 General Description:
11 This bill concerns penalties and evidence relating to property and financial offenses.
12 Highlighted Provisions:
13 This bill:
14 < defines terms;
15 < requires the Sentencing Commission to create and publish for public comment
16 guidelines relating to certain financial and property offenses;
17 < increases the penalty for a violation of a written false statement on a financial
18 declaration completed by a defendant;
19 < provides that a prosecuting attorney may subpoena certain information regarding
20 property that may be necessary to satisfy a future restitution order, and that a court
21 may consider this information when establishing a defendant's payment schedule on
22 a criminal accounts receivable; and
23 < makes technical and conforming changes.
24 Money Appropriated in this Bill:
25 None
26 Other Special Clauses:
27 None
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28 Utah Code Sections Affected:
29 AMENDS:
30 63G-12-402, as last amended by Laws of Utah 2021, Chapter 402
31 63M-7-404, as last amended by Laws of Utah 2021, Chapter 173
32 76-8-504, as enacted by Laws of Utah 1973, Chapter 196
33 77-32b-103, as enacted by Laws of Utah 2021, Chapter 260
34 77-38b-204, as renumbered and amended by Laws of Utah 2021, Chapter 260
35 77-38b-402, as renumbered and amended by Laws of Utah 2021, Chapter 260
36
37 Be it enacted by the Legislature of the state of Utah:
38 Section 1. Section 63G-12-402 is amended to read:
39 63G-12-402. Receipt of state, local, or federal public benefits -- Verification --
40 Exceptions -- Fraudulently obtaining benefits -- Criminal penalties -- Annual report.
41 (1) (a) Except as provided in Subsection (3) or when exempted by federal law, an
42 agency or political subdivision of the state shall verify the lawful presence in the United States
43 of an individual at least 18 years [of age] old who applies for:
44 (i) a state or local public benefit as defined in 8 U.S.C. Sec. 1621; or
45 (ii) a federal public benefit as defined in 8 U.S.C. Sec. 1611, that is administered by an
46 agency or political subdivision of this state.
47 (b) For purpose of a license issued under Title 58, Chapter 55, Utah Construction
48 Trades Licensing Act, to an applicant that is an unincorporated entity, the Department of
49 Commerce shall verify in accordance with this Subsection (1) the lawful presence in the United
50 States of each individual who:
51 (i) owns an interest in the contractor that is an unincorporated entity; and
52 (ii) engages, or will engage, in a construction trade in Utah as an owner of the
53 contractor described in Subsection (1)(b)(i).
54 (2) This section shall be enforced without regard to race, religion, gender, ethnicity, or
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55 national origin.
56 (3) Verification of lawful presence under this section is not required for:
57 (a) any purpose for which lawful presence in the United States is not restricted by law,
58 ordinance, or regulation;
59 (b) assistance for health care items and services that:
60 (i) are necessary for the treatment of an emergency medical condition, as defined in 42
61 U.S.C. Sec. 1396b(v)(3), of the individual involved; and
62 (ii) are not related to an organ transplant procedure;
63 (c) short-term, noncash, in-kind emergency disaster relief;
64 (d) public health assistance for immunizations with respect to immunizable diseases
65 and for testing and treatment of symptoms of communicable diseases whether or not the
66 symptoms are caused by the communicable disease;
67 (e) programs, services, or assistance such as soup kitchens, crisis counseling and
68 intervention, and short-term shelter, specified by the United States Attorney General, in the
69 sole and unreviewable discretion of the United States Attorney General after consultation with
70 appropriate federal agencies and departments, that:
71 (i) deliver in-kind services at the community level, including through public or private
72 nonprofit agencies;
73 (ii) do not condition the provision of assistance, the amount of assistance provided, or
74 the cost of assistance provided on the income or resources of the individual recipient; and
75 (iii) are necessary for the protection of life or safety;
76 (f) the exemption for paying the nonresident portion of total tuition as set forth in
77 Section 53B-8-106;
78 (g) an applicant for a license under Section 61-1-4, if the applicant:
79 (i) is registered with the Financial Industry Regulatory Authority; and
80 (ii) files an application with the state Division of Securities through the Central
81 Registration Depository;
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82 (h) a state public benefit to be given to an individual under Title 49, Utah State
83 Retirement and Insurance Benefit Act;
84 (i) a home loan that will be insured, guaranteed, or purchased by:
85 (i) the Federal Housing Administration, the Veterans Administration, or any other
86 federal agency; or
87 (ii) an enterprise as defined in 12 U.S.C. Sec. 4502;
88 (j) a subordinate loan or a grant that will be made to an applicant in connection with a
89 home loan that does not require verification under Subsection (3)(i);
90 (k) an applicant for a license issued by the Department of Commerce or individual
91 described in Subsection (1)(b), if the applicant or individual provides the Department of
92 Commerce:
93 (i) certification, under penalty of perjury, that the applicant or individual is:
94 (A) a United States citizen;
95 (B) a qualified alien as defined in 8 U.S.C. Sec. 1641; or
96 (C) lawfully present in the United States; and
97 (ii) (A) the number assigned to a driver license or identification card issued under Title
98 53, Chapter 3, Uniform Driver License Act; or
99 (B) the number assigned to a driver license or identification card issued by a state other
100 than Utah if, as part of issuing the driver license or identification card, the state verifies an
101 individual's lawful presence in the United States; and
102 (l) an applicant for:
103 (i) an Opportunity scholarship described in Title 53B, Chapter 8, Part 2, Regents'
104 Scholarship Program;
105 (ii) a New Century scholarship described in Section 53B-8-105;
106 (iii) a promise scholarship described in Section 53B-8-303; or
107 (iv) a scholarship:
108 (A) for an individual who is a graduate of a high school located within Utah; and
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109 (B) administered by an institution of higher education as defined in Section 53B-2-101.
110 (4) (a) An agency or political subdivision required to verify the lawful presence in the
111 United States of an applicant under this section shall require the applicant to certify under
112 penalty of perjury that:
113 (i) the applicant is a United States citizen; or
114 (ii) the applicant is:
115 (A) a qualified alien as defined in 8 U.S.C. Sec. 1641; and
116 (B) lawfully present in the United States.
117 (b) The certificate required under this Subsection (4) shall include a statement advising
118 the signer that providing false information subjects the signer to penalties for perjury.
119 (5) An agency or political subdivision shall verify a certification required under
120 Subsection (4)(a)(ii) through the federal SAVE program.
121 (6) (a) An individual who knowingly and willfully makes a false, fictitious, or
122 fraudulent statement or representation in a certification under Subsection (3)(k) or (4) is subject
123 to the criminal penalties applicable in this state for:
124 (i) making a written false statement under [Subsection 76-8-504(2)] Section 76-8-504;
125 and
126 (ii) fraudulently obtaining:
127 (A) public assistance program benefits under Sections 76-8-1205 and 76-8-1206; or
128 (B) unemployment compensation under Section 76-8-1301.
129 (b) If the certification constitutes a false claim of United States citizenship under 18
130 U.S.C. Sec. 911, the agency or political subdivision shall file a complaint with the United
131 States Attorney General for the applicable district based upon the venue in which the
132 application was made.
133 (c) If an agency or political subdivision receives verification that a person making an
134 application for a benefit, service, or license is not a qualified alien, the agency or political
135 subdivision shall provide the information to the Office of the Attorney General unless
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136 prohibited by federal mandate.
137 (7) An agency or political subdivision may adopt variations to the requirements of this
138 section that:
139 (a) clearly improve the efficiency of or reduce delay in the verification process; or
140 (b) provide for adjudication of unique individual circumstances where the verification
141 procedures in this section would impose an unusual hardship on a legal resident of Utah.
142 (8) It is unlawful for an agency or a political subdivision of this state to provide a state,
143 local, or federal benefit, as defined in 8 U.S.C. Sec. 1611 and 1621, in violation of this section.
144 (9) A state agency or department that administers a program of state or local public
145 benefits shall:
146 (a) provide an annual report to the governor, the president of the Senate, and the
147 speaker of the House regarding its compliance with this section; and
148 (b) (i) monitor the federal SAVE program for application verification errors and
149 significant delays;
150 (ii) provide an annual report on the errors and delays to ensure that the application of
151 the federal SAVE program is not erroneously denying a state or local benefit to a legal resident
152 of the state; and
153 (iii) report delays and errors in the federal SAVE program to the United States
154 Department of Homeland Security.
155 Section 2. Section 63M-7-404 is amended to read:
156 63M-7-404. Purpose -- Duties.
157 (1) The purpose of the commission is to develop guidelines and propose
158 recommendations to the Legislature, the governor, and the Judicial Council regarding:
159 (a) the sentencing and release of juvenile and adult offenders in order to:
160 (i) respond to public comment;
161 (ii) relate sentencing practices and correctional resources;
162 (iii) increase equity in criminal sentencing;
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163 (iv) better define responsibility in criminal sentencing; and
164 (v) enhance the discretion of sentencing judges while preserving the role of the Board
165 of Pardons and Parole and the Youth Parole Authority;
166 (b) the length of supervision of adult offenders on probation or parole in order to:
167 (i) increase equity in criminal supervision lengths;
168 (ii) respond to public comment;
169 (iii) relate the length of supervision to an offender's progress;
170 (iv) take into account an offender's risk of offending again;
171 (v) relate the length of supervision to the amount of time an offender has remained
172 under supervision in the community; and
173 (vi) enhance the discretion of the sentencing judges while preserving the role of the
174 Board of Pardons and Parole;
175 (c) appropriate, evidence-based probation and parole supervision policies and services
176 that assist individuals in successfully completing supervision and reduce incarceration rates
177 from community supervision programs while ensuring public safety, including:
178 (i) treatment and intervention completion determinations based on individualized case
179 action plans;
180 (ii) measured and consistent processes for addressing violations of conditions of
181 supervision;
182 (iii) processes that include using positive reinforcement to recognize an individual's
183 progress in supervision;
184 (iv) engaging with social services agencies and other stakeholders who provide
185 services that meet offender needs; and
186 (v) identifying community violations that may not warrant revocation of probation or
187 parole.
188 (2) (a) The commission shall modify the sentencing guidelines and supervision length
189 guidelines for adult offenders to implement the recommendations of the Commission on
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190 Criminal and Juvenile Justice for reducing recidivism.
191 (b) The modifications under Subsection (2)(a) shall be for the purposes of protecting
192 the public and ensuring efficient use of state funds.
193 (3) (a) The commission shall modify the criminal history score in the sentencing
194 guidelines for adult offenders to implement the recommendations of the Commission on
195 Criminal and Juvenile Justice for reducing recidivism.
196 (b) The modifications to the criminal history score under Subsection (3)(a) shall
197 include factors in an offender's criminal history that are relevant to the accurate determination
198 of an individual's risk of offending again.
199 (4) (a) The commission shall establish sentencing guidelines for periods of
200 incarceration for individuals who are on probation and:
201 (i) who have violated one or more conditions of probation; and
202 (ii) whose probation has been revoked by the court.
203 (b) The guidelines shall consider the seriousness of the violation of the conditions of
204 probation, the probationer's conduct while on probation, and the probationer's criminal history.
205 (5) (a) The commission shall establish sentencing guidelines for periods of
206 incarceration for individuals who are on parole and:
207 (i) who have violated a condition of parole; and
208 (ii) whose parole has been revoked by the Board of Pardons and Parole.
209 (b) The guidelines shall consider the seriousness of the violation of the conditions of
210 parole, the individual's conduct while on parole, and the individual's criminal history.
211 (6) The commission shall establish graduated and evidence-based processes to
212 facilitate the prompt and effective response to an individual's progress in or violation of the
213 terms of probation or parole by the adult probation and parole section of the Department of
214 Corrections, or other supervision services provider, in order to implement the
215 recommendations of the Commission on Criminal and Juvenile Justice for reducing recidivism
216 and incarceration, including:
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217 (a) responses to be used when an individual violates a condition of probation or parole;
218 (b) responses to recognize positive behavior and progress related to an individual's case
219 action plan;
220 (c) when a violation of a condition of probation or parole should be reported to the
221 court or the Board of Pardons and Parole; and
222 (d) a range of sanctions that may not exceed a period of incarceration of more than:
223 (i) three consecutive days; and
224 (ii) a total of five days in a period of 30 days.
225 (7) The commission shall establish graduated incentives to facilitate a prompt and
226 effective response by the adult probation and parole section of the Department of Corrections
227 to an offender's:
228 (a) compliance with the terms of probation or parole; and
229 (b) positive conduct that exceeds those terms.
230 (8) (a) The commission shall establish guidelines, including sanctions and incentives,
231 to appropriately respond to negative and positive behavior of juveniles who are:
232 (i) nonjudicially adjusted;
233 (ii) placed on diversion;
234 (iii) placed on probation;
235 (iv) placed on community supervision;
236 (v) placed in an out-of-home placement; or
237 (vi) placed in a secure care facility.
238