Bill Summary – FastDemocracy

Enrolled Copy                                                                         H.B. 139
           SEX AND KIDNAP OFFENDER REGISTRY REQUIREMENTS
                                          2023 GENERAL SESSION
                                             STATE OF UTAH
                                Chief Sponsor: Marsha Judkins
                                Senate Sponsor: Stephanie Pitcher
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 LONG TITLE
 General Description:
        This bill amends sex and kidnap offender registry requirements.
 Highlighted Provisions:
        This bill:
        < amends sex and kidnap offender registry requirements for an offender who commits
 certain offenses in another state; and
        < makes technical and conforming changes.
 Money Appropriated in this Bill:
        None
 Other Special Clauses:
        None
 Utah Code Sections Affected:
 AMENDS:
        77-41-105, as last amended by Laws of Utah 2020, Chapter 108
        77-41-112, as last amended by Laws of Utah 2021, Chapters 262, 334 and 410 and last
 amended by Coordination Clause, Laws of Utah 2021, Chapter 334
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 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 77-41-105 is amended to read:
        77-41-105. Registration of offenders -- Offender responsibilities.
        (1) (a) An offender who enters this state from another jurisdiction is required to register
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 under Subsection (3) and Subsection 77-41-102(9) or (17).
        (b) The offender shall 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.
        (2) (a) An offender required to register under Subsection 77-41-102(9) or (17) who is
 under supervision by the department shall register in person with Division of Adult Probation
 and Parole.
        (b) An offender required to register under Subsection 77-41-102(9) or (17) who is no
 longer under supervision by the department shall register in person with the police department
 or sheriff's office that has jurisdiction over the area where the offender resides.
        (3) (a) Except as provided in Subsections (3)(b), (3)(c)[(c)], and (4), an offender shall,
 for the duration of the sentence and for 10 years after termination of sentence or custody of the
 division, register each year during the month of the offender's date of birth, during the month
 that is the sixth month after the offender's birth month, and 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 required to be submitted
 under Subsection (7).
        (b) Except as provided in Subsections (3)(c)(iii), (4), and (5), an offender who is
 convicted in another jurisdiction of an offense listed in Subsection 77-41-102(9)(a) or (17)(a), a
 substantially similar offense, another offense that requires registration in the jurisdiction of
 conviction, or an offender who is ordered by a court of another jurisdiction to register as an
 offender shall[:]
        [(i)] register for the time period[, and in the frequency,] required by the jurisdiction
 where the offender was convicted or ordered to register [if:].
        [(A) that jurisdiction's registration period or registration frequency requirement for the
 offense that the offender was convicted of is greater than the registration period required under
 Subsection (3)(a), or is more frequent than every six months; or]
        [(B) that jurisdiction's court order requires registration for greater than the registration
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       Enrolled Copy                                                                             H.B. 139
 period required under Subsection (3)(a) or more frequently than every six months; or]
        [(ii) register in accordance with the requirements of Subsection (3)(a), if the
 jurisdiction's registration period or frequency requirement for the offense that the offender was
 convicted of is less than the registration period required under Subsection (3)(a), or is less
 frequent than every six months.]
        (c) (i) An offender convicted as an adult of an offense listed in Section 77-41-106
 shall, for the offender's lifetime, register each year during the month of the offender's birth,
 during the month that is the sixth month after the offender's birth month, and also 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
 required to be submitted under Subsection (7).
        (ii) Except as provided in Subsection (3)(c)(iii), the registration requirement described
 in Subsection (3)(c)(i) is not subject to exemptions and may not be terminated or altered during
 the offender's lifetime, unless a petition is granted under Section 77-41-112.
        (iii) (A) If the sentencing court determines that the offense does not involve force or
 coercion, lifetime registration under Subsection (3)(c)(i) does not apply to an offender who
 commits the offense when the offender is under 21 years [of age] old.
        (B) For an offense listed in Section 77-41-106, an offender who commits the offense
 when the offender is under 21 years [of age] old shall register for the registration period
 required under Subsection (3)(a), unless a petition is granted under Section 77-41-112.
        (d) For the purpose of establishing venue for a violation of this Subsection (3), the
 violation is considered to be committed:
        (i) at the most recent registered primary residence of the offender or at the location 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.
        (4) Notwithstanding Subsection (3) and Section 77-41-106, an offender who is
 confined in a secure facility or in a state mental hospital is not required to register during the
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 period of confinement.
        (5) (a) Except as provided in Subsection (5)(b), 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).
        (b) If the jurisdiction of the offender's adjudication does not publish the offender's
 information on a public website, the department shall maintain, but not publish the offender's
 information on the registration website.
        (6) A sex offender who violates Section 77-27-21.8 regarding being in the presence of
 a child while required to register under this chapter shall register for an additional five years
 subsequent to the registration period otherwise required under this chapter.
        (7) An offender shall provide the department or the registering entity with the
 following information:
        (a) all names and aliases by which the offender is or has been known;
        (b) the addresses of the offender's primary and secondary residences;
        (c) a physical description, including the offender's date of birth, height, weight, eye and
 hair color;
        (d) the make, model, color, year, plate number, and vehicle identification number of a
 vehicle or vehicles the offender owns or regularly drives;
        (e) a current photograph of the offender;
        (f) a set of fingerprints, if one has not already been provided;
        (g) a DNA specimen, taken in accordance with Section 53-10-404, if one has not
 already been provided;
        (h) telephone numbers and any other designations used by the offender for routing or
 self-identification in telephonic communications from fixed locations or cellular telephones;
        (i) Internet identifiers and the addresses the offender uses for routing or
 self-identification in Internet communications or postings;
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        Enrolled Copy                                                                            H.B. 139
           (j) 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;
           (k) a copy of the offender's passport, if a passport has been issued to the offender;
           (l) if the offender is an alien, all documents establishing the offender's immigration
 status;
           (m) 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;
           (n) each educational institution in Utah at which the offender is employed, carries on a
 vocation, or is a student, and a change of enrollment or employment status of the offender at an
 educational institution;
           (o) the name, the telephone number, and the address of a place where the offender is
 employed or will be employed;
           (p) 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
           (q) the offender's social security number.
           (8) (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 changed, the department shall publish on the
 registration website the offender's former name, and the offender's changed name as an alias.
           (9) Notwithstanding Subsections (7)(i) and (j) and 77-41-103(1)(c), 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
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        H.B. 139
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 network; or
         (b) online identifiers for the offender's financial accounts, including a bank, retirement,
 or investment account.
         Section 2. Section 77-41-112 is amended to read:
         77-41-112. Removal from registry -- Requirements -- Procedure.
         (1) An offender who is required to register with the Sex and Kidnap Offender Registry
 may petition the court for an order removing the offender from the Sex and Kidnap Offender
 Registry if:
         (a) (i) the offender was convicted of an offense described in Subsection (2);
         (ii) at least five years have passed after the day on which the offender's sentence for the
 offense terminated;
         (iii) the offense is the only offense for which the offender was required to register;
         (iv) the offender has not been convicted of another offense, excluding a traffic offense,
 since 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;
         (v) the offender successfully completed all treatment ordered by the court or the Board
 of Pardons and Parole relating to the offense; and
         (vi) the offender has paid all restitution ordered by the court or the Board of Pardons
 and Parole relating to the offense; [or]
         (b) (i) if the offender is required to register in accordance with Subsection
 77-41-105(3)(a);
         (ii) at least 10 years have passed after the later of:
         (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
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        Enrolled Copy                                                                            H.B. 139
 of the offender was terminated;
           (iii) 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 (1)(b)(ii), as evidenced by a certificate of eligibility issued by the
 bureau;
           (iv) the offender successfully completed all treatment ordered by the court or the Board
 of Pardons and Parole relating to the offense; and
           (v) the offender has paid all restitution ordered by the court or the Board of Pardons
 and Parole relating to the offense; or
           (c) (i) the offender is required to register in accordance with Subsection
 77-41-105(3)(c);
           (ii) at least 20 years have passed after the later of:
           (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;
           (iii) 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 (1)(c)(ii), as evidenced by a certificate of eligibility issued by the
 bureau;
           (iv) the offender completed all treatment ordered by the court or the Board of Pardons
 and Parole relating to the offense;
           (v) the offender has paid all restitution ordered by the court or the Board of Pardons
 and Parole relating to the offense; and
           (vi) the offender submits to an evidence-based risk assessment to the court, with the
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 offender's petition, that:
         (A) meets the standards for the current risk assessment, score, and risk level required
 by the Board of Pardons and Parole for parole termination requests;
         (B) is completed within the six months before the date on which the petition is filed;
 and
         (C) describes the evidence-based risk assessment of the current level of risk to the
 safety of the public posed by the offender.
         (2) The offenses referred to in Subsection (1)(a)(i) are:
         (a) Section 76-4-401, enticing a minor, if the offense is a class A misdemeanor;
         (b) Section 76-5-301, kidnapping;
         (c) Section 76-5-304, unlawful detention, if the conviction of violating Section
 76-5-304 is the only conviction for which the offender is required to register;
         (d) Section 76-5-401, unlawful sexual activity with a minor if, at the time of the
 offense, the offender is not more than 10 years older than the victim;
         (e) Section 76-5-401.1, sexual abuse of a minor, if, at the time of the offense, the
 offender is not more than 10 years older than the victim;
         (f) Section 76-5-401.2, unlawful sexual conduct with a 16 or 17 year old, and at the
 time of the offense, the offender is not more than 15 years older than the victim; [or]
         (g) Section 76-9-702.7, voyeurism, if the offense is a class A misdemeanor; or
         (h) an offense for which an individual is required to register under Subsection
 77-41-102(9)(c) or 77-41-102(17)(c), if the offense is not substantially equivalent to an offense
 described in Subsection 77-41-102(9)(a) or 77-41-102(17)(a).
         (3) (a) (i) An offender seeking removal from the Sex and Kidnap Offender Registry
 under this section shall apply for a certificate of eligibility from the bureau.
         (ii) An offender who intentionally or knowingly provides false or misleading
 information to the bureau when applying for a certificate of eligibility is guilty of a class B
 misdemeanor and subject to prosecution under Section 76-8-504.6.
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         (iii) Regardless of whether the offender is prosecuted, the bureau may deny a certificate
 of eligibility to an offender who provides false information on an application.
         (b) (i) The bur