Bill Summary – FastDemocracy

Enrolled Copy                                                                            S.B. 57
                       SEXUAL ABUSE MATERIAL AMENDMENTS
                                      2023 GENERAL SESSION
                                           STATE OF UTAH
                                Chief Sponsor: Chris H. Wilson
                                  House Sponsor: Paul A. Cutler
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 LONG TITLE
 General Description:
         This bill addresses the reproduction and possession of sexual abuse material.
 Highlighted Provisions:
         This bill:
         < changes the term "child pornography" to "child sexual abuse material" in the Utah
 Code;
         < changes the term "vulnerable adult pornography" to "vulnerable adult sexual abuse
 material" in the Utah Code;
         < prohibits the reproduction of child sexual abuse material evidence;
         < allows a defendant's attorney or a defendant's expert to inspect child sexual abuse
 material evidence at a government facility before trial;
         < allows a victim, the victim's attorney, or the victim's expert to inspect child sexual
 abuse material evidence at a government facility before trial upon a showing of
 good cause; and
         < makes technical and conforming changes.
 Money Appropriated in this Bill:
         None
 Other Special Clauses:
         None
 Utah Code Sections Affected:
 AMENDS:
       S.B. 57
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        9-7-215, as last amended by Laws of Utah 2017, Chapter 208
        24-1-102, as last amended by Laws of Utah 2022, Chapter 179
        62A-1-122, as last amended by Laws of Utah 2021, Chapter 344
        63G-2-103, as last amended by Laws of Utah 2021, Chapters 211, 283
        67-5-21, as enacted by Laws of Utah 2006, Chapter 350
        76-5b-103, as last amended by Laws of Utah 2022, Chapter 181
        76-5b-201, as last amended by Laws of Utah 2022, Chapters 181, 185
        76-5b-201.1, as enacted by Laws of Utah 2022, Chapter 185 and last amended by
 Coordination Clause, Laws of Utah 2022, Chapter 185
        76-5b-202, as last amended by Laws of Utah 2022, Chapter 181
        76-10-1204.5, as enacted by Laws of Utah 2016, Chapter 313
 ENACTS:
        77-4-201, Utah Code Annotated 1953
 RENUMBERS AND AMENDS:
        77-4-101, (Renumbered from 77-4-1, as enacted by Laws of Utah 1980, Chapter 15)
44
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 9-7-215 is amended to read:
        9-7-215. Internet and online access policy required.
        (1) As used in this section:
        (a) ["Child pornography" is as] "Child sexual abuse material" means the same as that
 term is defined in Section 76-5b-103.
        (b) "Harmful to minors" [is as] means the same as that term is defined in Section
 76-10-1201.
        (c) "Obscene" [is as] means the same as that term is defined in 20 U.S.C. Sec. 9101.
        (d) "Technology protection measure" means a technology that blocks or filters Internet
 access to visual depictions.
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         (2) State funds may not be provided to any public library that provides public access to
 the Internet unless the library:
         (a) (i) has in place a policy of Internet safety for minors, including the operation of a
 technology protection measure:
         (A) with respect to any computer or other device while connected to the Internet
 through a network provided by the library, including a wireless network; and
         (B) that protects against access to visual depictions that are:
         (I) child [pornography] sexual abuse material;
         (II) harmful to minors; or
         (III) obscene; and
         (ii) is enforcing the operation of the technology protection measure described in
 Subsection (2)(a)(i) during any use by a minor of a computer or other device that is connected
 to the Internet through a network provided by the library, including a wireless network; and
         (b) (i) has in place a policy of Internet safety, including the operation of a technology
 protection measure:
         (A) with respect to any computer or other device while connected to the Internet
 through a network provided by the library, including a wireless network; and
         (B) that protects against access to visual depictions that are:
         (I) child [pornography] sexual abuse material; or
         (II) obscene; and
         (ii) is enforcing the operation of the technology protection measure described in
 Subsection (2)(b)(i) during any use of a computer or other device that is connected to the
 Internet through a network provided by the library, including a wireless network.
         (3) This section does not prohibit a public library from limiting Internet access or
 otherwise protecting against materials other than the materials specified in this section.
         (4) An administrator, supervisor, or other representative of a public library may disable
 a technology protection measure described in Subsection (2):
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           (a) at the request of a library patron who is not a minor; and
           (b) to enable access for research or other lawful purposes.
           Section 2. Section 24-1-102 is amended to read:
           24-1-102. Definitions.
           As used in this title:
           (1) "Account" means the Criminal Forfeiture Restricted Account created in Section
 24-4-116.
           (2) (a) "Acquitted" means a finding by a jury or a judge at trial that a claimant is not
 guilty.
           (b) "Acquitted" does not include:
           (i) a verdict of guilty on a lesser or reduced charge;
           (ii) a plea of guilty to a lesser or reduced charge; or
           (iii) dismissal of a charge as a result of a negotiated plea agreement.
           (3) (a) "Agency" means an agency of this state or a political subdivision of this state.
           (b) "Agency" includes a law enforcement agency or a multijurisdictional task force.
           (4) "Claimant" means:
           (a) an owner of property as defined in this section;
           (b) an interest holder as defined in this section; or
           (c) an individual or entity who asserts a claim to any property seized for forfeiture
 under this title.
           (5) "Commission" means the State Commission on Criminal and Juvenile Justice
 created in Section 63M-7-201.
           (6) "Complaint" means a civil or criminal complaint seeking the forfeiture of any real
 or personal property under this title.
           (7) (a) "Computer" means an electronic, magnetic, optical, electrochemical, or other
 high-speed data processing device that performs logical, arithmetic, and storage functions.
           (b) "Computer" includes any device that is used for the storage of digital or electronic
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        Enrolled Copy                                                                              S.B. 57
 files, flash memory, software, or other electronic information.
         (c) "Computer" does not mean a computer server of an Internet or electronic service
 provider, or the service provider's employee, if used to comply with the requirements under 18
 U.S.C. Sec. 2258A.
         (8) "Constructive seizure" means a seizure of property where the property is left in the
 control of the owner and an agency posts the property with a notice of intent to seek forfeiture.
         (9) (a) "Contraband" means any property, item, or substance that is unlawful to
 produce or to possess under state or federal law.
         (b) "Contraband" includes:
         (i) a controlled substance that is possessed, transferred, distributed, or offered for
 distribution in violation of Title 58, Chapter 37, Utah Controlled Substances Act; or
         (ii) a computer that:
         (A) contains or houses child [pornography] sexual abuse material, or is used to create,
 download, transfer, upload to a storage account, or store any electronic or digital files
 containing child [pornography] sexual abuse material; or
         (B) contains the personal identifying information of another individual, as defined in
 Subsection 76-6-1102(1), whether that individual is alive or deceased, and the personal
 identifying information has been used to create false or fraudulent identification documents or
 financial transaction cards in violation of Title 76, Chapter 6, Part 5, Fraud.
         (10) "Forfeit" means to divest a claimant of an ownership interest in property seized
 under this title.
         (11) "Innocent owner" means a claimant who:
         (a) held an ownership interest in property at the time of the commission of an offense
 subjecting the property to forfeiture under this title, and:
         (i) did not have actual knowledge of the offense subjecting the property to forfeiture; or
         (ii) upon learning of the commission of the offense, took reasonable steps to prohibit
 the use of the property in the commission of the offense; or
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           (b) acquired an ownership interest in the property and had no knowledge that the
 commission of the offense subjecting the property to forfeiture under this title had occurred or
 that the property had been seized for forfeiture, and:
           (i) acquired the property in a bona fide transaction for value;
           (ii) was an individual, including a minor child, who acquired an interest in the property
 through probate or inheritance; or
           (iii) was a spouse who acquired an interest in property through dissolution of marriage
 or by operation of law.
           (12) (a) "Interest holder" means a secured party as defined in Section 70A-9a-102, a
 party with a right-of-offset, a mortgagee, lien creditor, or the beneficiary of a security interest
 or encumbrance pertaining to an interest in property, whose interest would be perfected against
 a good faith purchaser for value.
           (b) "Interest holder" does not mean a person:
           (i) who holds property for the benefit of or as an agent or nominee for another person;
 or
           (ii) who is not in substantial compliance with any statute requiring an interest in
 property to be:
           (A) recorded or reflected in public records in order to perfect the interest against a good
 faith purchaser for value; or
           (B) held in control by a secured party, as defined in Section 70A-9a-102, in accordance
 with Section 70A-9a-314 in order to perfect the interest against a good faith purchaser for
 value.
           (13) "Known address" means any address provided by a claimant to the peace officer
 or agency at the time the property is seized, or the claimant's most recent address on record
 with a governmental entity if no address was provided at the time of the seizure.
           (14) "Legal costs" means the costs and expenses incurred by a party in a forfeiture
 action.
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         (15) "Legislative body" means:
         (a) (i) the Legislature, county commission, county council, city commission, city
 council, or town council that has fiscal oversight and budgetary approval authority over an
 agency; or
         (ii) the agency's governing political subdivision; or
         (b) the lead governmental entity of a multijurisdictional task force, as designated in a
 memorandum of understanding executed by the agencies participating in the task force.
         (16) "Multijurisdictional task force" means a law enforcement task force or other
 agency comprised of individuals who are employed by or acting under the authority of different
 governmental entities, including federal, state, county, or municipal governments, or any
 combination of federal, state, county, or municipal agencies.
         (17) "Owner" means an individual or entity, other than an interest holder, that
 possesses a bona fide legal or equitable interest in real or personal property.
         (18) "Peace officer" means an employee:
         (a) of an agency;
         (b) whose duties consist primarily of the prevention and detection of violations of laws
 of this state or a political subdivision of this state; and
         (c) who is authorized by the agency to seize property under this title.
         (19) (a) "Proceeds" means:
         (i) property of any kind that is obtained directly or indirectly as a result of the
 commission of an offense; or
         (ii) any property acquired directly or indirectly from, produced through, realized
 through, or caused by an act or omission regarding property under Subsection (19)(a)(i).
         (b) "Proceeds" includes any property of any kind without reduction for expenses
 incurred in the acquisition, maintenance, or production of that property, or any other purpose
 regarding property under Subsection (19)(a)(i).
         (c) "Proceeds" is not limited to the net gain or profit realized from the offense that
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 subjects the property to forfeiture.
         (20) "Program" means the State Asset Forfeiture Grant Program created in Section
 24-4-117.
         (21) (a) "Property" means all property, whether real or personal, tangible or intangible.
         (b) "Property" does not include contraband.
         (22) "Prosecuting attorney" means:
         (a) the attorney general and an assistant attorney general;
         (b) a district attorney or deputy district attorney;
         (c) a county attorney or assistant county attorney; and
         (d) an attorney authorized to commence an action on behalf of the state under this title.
         (23) "Public interest use" means a:
         (a) use by a government agency as determined by the legislative body of the agency's
 jurisdiction; or
         (b) donation of the property to a nonprofit charity registered with the state.
         (24) "Real property" means land, including any building, fixture, improvement,
 appurtenance, structure, or other development that is affixed permanently to land.
         Section 3. Section 62A-1-122 is amended to read:
         62A-1-122. Child sexual abuse material.
         (1) As used in this section:
         (a) ["Child pornography"] "Child sexual abuse material" means the same as that term is
 defined in Section 76-5b-103.
         (b) "Secure" means to prevent and prohibit access, electronic upload, transmission, or
 transfer of an image.
         (2) The department or a division within the department may not retain child
 [pornography] sexual abuse material longer than is necessary to comply with the requirements
 of this section.
         (3) When the department or a division within the department obtains child
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        Enrolled Copy                                                                              S.B. 57
 [pornography] sexual abuse material as a result of an employee unlawfully viewing child
 [pornography] sexual abuse material, the department or division shall consult with and follow
 the guidance of the Division of Human Resource Management regarding personnel action and
 local law enforcement regarding retention of the child [pornography] sexual abuse material.
        (4) When the department or a division within the department obtains child
 [pornography] sexual abuse material as a result of a report or an investigation, the department
 or division shall immediately secure the child [pornography] sexual abuse material, or the
 electronic device if the child [pornography] sexual abuse material is digital, and contact the law
 enforcement office that has jurisdiction over the area where the division's case is located.
        Section 4. Section 63G-2-103 is amended to read:
        63G-2-103. Definitions.
        As used in this chapter:
        (1) "Audit" means:
        (a) a systematic examination of financial, management, program, and related records
 for the purpose of determining the fair presentation of financial statements, adequacy of
 internal controls, or compliance with laws and regulations; or
        (b) a systematic examination of program procedures and operations for the purpose of
 determining their effectiveness, economy, efficiency, and compliance with statutes and
 regulations.
        (2) "Chronological logs" mean the regular and customary summary records of law
 enforcement agencies and other public safety agencies that show:
        (a) the time and general nature of police, fire, and paramedic calls made to the a