Bill Summary – FastDemocracy

Enrolled Copy                                                                    S.B. 70
                                    VICTIM AMENDMENTS
                                    2023 GENERAL SESSION
                                         STATE OF UTAH
                             Chief Sponsor: Stephanie Pitcher
                                House Sponsor: Sahara Hayes
 6
 LONG TITLE
 General Description:
       This bill amends provisions related to victims.
 Highlighted Provisions:
       This bill:
       < amends a chapter title;
       < modifies the name of the Address Confidentiality Program to the Safe at Home
 Program;
       < amends provisions related to the Safe at Home Program; and
       < makes technical and conforming changes.
 Money Appropriated in this Bill:
       None
 Other Special Clauses:
       None
 Utah Code Sections Affected:
 AMENDS:
       20A-2-204, as last amended by Laws of Utah 2022, Chapter 215
       59-2-407, as last amended by Laws of Utah 2022, Chapter 215
       77-37-5, as last amended by Laws of Utah 2022, Chapter 430
       77-38-601, as enacted by Laws of Utah 2022, Chapter 215
       77-38-602, as enacted by Laws of Utah 2022, Chapter 215
       77-38-605, as enacted by Laws of Utah 2022, Chapter 215
       77-38-607, as enacted by Laws of Utah 2022, Chapter 215
       S.B. 70                                                                          Enrolled Copy
        77-38-608, as enacted by Laws of Utah 2022, Chapter 215
        77-38-609, as enacted by Laws of Utah 2022, Chapter 215
        77-38-611, as enacted by Laws of Utah 2022, Chapter 215
        77-38-612, as enacted by Laws of Utah 2022, Chapter 215
        77-38-615, as enacted by Laws of Utah 2022, Chapter 215
        77-38-618, as enacted by Laws of Utah 2022, Chapter 215
        77-38-619, as enacted by Laws of Utah 2022, Chapter 215
        77-38-620, as enacted by Laws of Utah 2022, Chapter 215
        78B-7-804, as last amended by Laws of Utah 2021, Chapters 159, 260 and last
 amended by Coordination Clause, Laws of Utah 2021, Chapter 159
        80-6-604, as enacted by Laws of Utah 2021, Chapter 261
 REPEALS:
        77-38-1, as enacted by Laws of Utah 1994, Chapter 198
43
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 20A-2-204 is amended to read:
        20A-2-204. Registering to vote when applying for or renewing a driver license.
        (1) As used in this section, "voter registration form" means, when an individual named
 on a qualifying form, as defined in Section 20A-2-108, answers "yes" to the question described
 in Subsection 20A-2-108(2)(a), the information on the qualifying form that can be used for
 voter registration purposes.
        (2) (a) Except as provided in Subsection (2)(b), a citizen who is qualified to vote may
 register to vote, and a citizen who is qualified to preregister to vote may preregister to vote, by
 answering "yes" to the question described in Subsection 20A-2-108(2)(a) and completing the
 voter registration form.
        (b) A citizen who is a program participant in the [Address Confidentiality] Safe at
 Home Program created in Section 77-38-602 is not eligible to register to vote as described in
 Subsection (2)(a), but is eligible to register to vote by any other means described in this part.
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       Enrolled Copy                                                                                S.B. 70
         (3) The Driver License Division shall:
         (a) assist an individual in completing the voter registration form unless the individual
 refuses assistance;
         (b) electronically transmit each address change to the lieutenant governor within five
 days after the day on which the division receives the address change; and
         (c) within five days after the day on which the division receives a voter registration
 form, electronically transmit the form to the Office of the Lieutenant Governor, including the
 following for the individual named on the form:
         (i) the name, date of birth, driver license or state identification card number, last four
 digits of the social security number, Utah residential address, place of birth, and signature;
         (ii) a mailing address, if different from the individual's Utah residential address;
         (iii) an email address and phone number, if available;
         (iv) the desired political affiliation, if indicated;
         (v) an indication of whether the individual requested that the individual's voter
 registration record be classified as a private record under Subsection 20A-2-108(2)(b); and
         (vi) a withholding request form described in Subsections 20A-2-104(7) and (8) and any
 verification submitted with the form.
         (4) Upon receipt of an individual's voter registration form from the Driver License
 Division under Subsection (3), the lieutenant governor shall:
         (a) enter the information into the statewide voter registration database; and
         (b) if the individual requests on the individual's voter registration form that the
 individual's voter registration record be classified as a private record or the individual submits a
 withholding request form described in Subsections 20A-2-104(7) and (8) and any required
 verification, classify the individual's voter registration record as a private record.
         (5) The county clerk of an individual whose information is entered into the statewide
 voter registration database under Subsection (4) shall:
         (a) ensure that the individual meets the qualifications to be registered or preregistered
 to vote; and
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        S.B. 70                                                                              Enrolled Copy
         (b) (i) if the individual meets the qualifications to be registered to vote:
         (A) ensure that the individual is assigned to the proper voting precinct; and
         (B) send the individual the notice described in Section 20A-2-304; or
         (ii) if the individual meets the qualifications to be preregistered to vote, process the
 form in accordance with the requirements of Section 20A-2-101.1.
         (6) (a) When the county clerk receives a correctly completed voter registration form
 under this section, the clerk shall:
         (i) comply with the applicable provisions of this Subsection (6); or
         (ii) if the individual is preregistering to vote, comply with Section 20A-2-101.1.
         (b) If the county clerk receives a correctly completed voter registration form under this
 section no later than 5 p.m. or, if submitting the form electronically, midnight, 11 calendar days
 before the date of an election, the county clerk shall:
         (i) accept the voter registration form; and
         (ii) unless the individual is preregistering to vote:
         (A) enter the individual's name on the list of registered voters for the voting precinct in
 which the individual resides; and
         (B) notify the individual that the individual is registered to vote in the upcoming
 election; and
         (iii) if the individual named in the form is preregistering to vote, comply with Section
 20A-2-101.1.
         (c) If the county clerk receives a correctly completed voter registration form under this
 section after the deadline described in Subsection (6)(b), the county clerk shall, unless the
 individual named in the form is preregistering to vote:
         (i) accept the application for registration of the individual;
         (ii) process the voter registration form; and
         (iii) unless the individual is preregistering to vote, and except as provided in
 Subsection 20A-2-207(6), inform the individual that the individual will not be registered to
 vote in the pending election, unless the individual registers to vote by provisional ballot during
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        Enrolled Copy                                                                              S.B. 70
 the early voting period, if applicable, or on election day, in accordance with Section
 20A-2-207.
        (7) (a) If the county clerk determines that an individual's voter registration form
 received from the Driver License Division is incorrect because of an error, because the form is
 incomplete, or because the individual does not meet the qualifications to be registered to vote,
 the county clerk shall mail notice to the individual stating that the individual has not been
 registered or preregistered because of an error, because the registration form is incomplete, or
 because the individual does not meet the qualifications to be registered to vote.
        (b) If a county clerk believes, based upon a review of a voter registration form, that an
 individual, who knows that the individual is not legally entitled to register or preregister to
 vote, may be intentionally seeking to register or preregister to vote, the county clerk shall refer
 the form to the county attorney for investigation and possible prosecution.
        Section 2. Section 59-2-407 is amended to read:
        59-2-407. Administration of uniform fees.
        (1) (a) Except as provided in Subsection 59-2-405(4) or 59-2-405.3(4), the uniform fee
 authorized in Sections 59-2-405, 59-2-405.3, and 72-10-110.5 shall be assessed at the same
 time and in the same manner as ad valorem personal property taxes under Chapter 2, Part 13,
 Collection of Taxes, except that in listing personal property subject to the uniform fee with real
 property as permitted by Section 59-2-1302, the assessor or, if this duty has been reassigned in
 an ordinance under Section 17-16-5.5, the treasurer shall list only the amount of the uniform
 fee due, and not the taxable value of the property subject to the uniform fee.
        (b) Except as provided in Subsections 59-2-405.1(4), 59-2-405.2(5), and
 59-2-405.3(4), the uniform fee imposed by Section 59-2-405.1, 59-2-405.2, or 59-2-405.3 shall
 be assessed at the time of:
        (i) registration as defined in Section 41-1a-102; and
        (ii) renewal of registration.
        (2) The remedies for nonpayment of the uniform fees authorized by Sections 59-2-405,
 59-2-405.1, 59-2-405.2, 59-2-405.3, and 72-10-110.5 shall be the same as those provided in
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        S.B. 70                                                                        Enrolled Copy
 Chapter 2, Part 13, Collection of Taxes, for nonpayment of ad valorem personal property taxes.
        (3) Any disclosure of information to a county for purposes of distributing a uniform fee
 under this part is not subject to [Title 77, Chapter 38, Part 6, Address Confidentiality Program]
 Title 77, Chapter 38, Part 6, Safe at Home Program.
        Section 3. Section 77-37-5 is amended to read:
        77-37-5. Remedies -- District Victims' Rights Committee.
        (1) In each judicial district, the Utah Council on Victims of Crime, established in
 Section 63M-7-601, shall appoint a person who shall chair a judicial district victims' rights
 committee consisting of:
        (a) a county attorney or district attorney;
        (b) a sheriff;
        (c) a corrections field services administrator;
        (d) an appointed victim advocate;
        (e) a municipal attorney;
        (f) a municipal chief of police; and
        (g) other representatives as appropriate.
        (2) The committee shall meet at least semiannually to review progress and problems
 related to this chapter, [Title 77, Chapter 38, Rights of Crime Victims Act] Title 77, Chapter
 38, Crime Victims, Title 77, Chapter 38b, Crime Victims Restitution Act, and Utah
 Constitution Article I, Section 28. Victims and other interested parties may submit matters of
 concern to the victims' rights committee. The committee may hold a hearing open to the public
 on any appropriate matter of concern and may publish its findings. These matters shall also be
 considered at the meetings of the victims' rights committee. The committee shall forward
 minutes of all meetings to the Utah Council on Victims of Crime for review and other
 appropriate action.
        (3) If a victims' rights committee is unable to resolve a complaint, it may refer the
 complaint to the Utah Council on Victims of Crime.
        (4) The Utah Office for Victims of Crime shall provide materials to local law
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        Enrolled Copy                                                                               S.B. 70
 enforcement to inform every victim of a sexual offense of the right to request testing of the
 convicted sexual offender and of the victim as provided in Section 53-10-802.
        (5) (a) If a person acting under color of state law willfully or wantonly fails to perform
 duties so that the rights in this chapter are not provided, an action for injunctive relief may be
 brought against the individual and the government entity that employs the individual.
        (b) For all other violations, if the committee finds a violation of a victim's right, it shall
 refer the matter to the appropriate court for further proceedings consistent with Subsection
 77-38-11(2).
        (c) The failure to provide the rights in this chapter or [Title 77, Chapter 38, Rights of
 Crime Victims Act] Title 77, Chapter 38, Crime Victims, does not constitute cause for a
 judgment against the state or any government entity, or any individual employed by the state or
 any government entity, for monetary damages, attorney fees, or the costs of exercising any
 rights under this chapter.
        (6) The person accused of and subject to prosecution for the crime or the act which
 would be a crime if committed by a competent adult, has no standing to make a claim
 concerning any violation of the provisions of this chapter.
        Section 4. Section 77-38-601 is amended to read:
                                    CHAPTER 38. CRIME VICTIMS
                                      Part 6. Safe at Home Program
        77-38-601. Definitions.
        As used in this part:
        (1) "Abuse" means any of the following:
        (a) "abuse" as that term is defined in Section 76-5-111 or 80-1-102; or
        (b) "child abuse" as that term is defined in Section 76-5-109.
        (2) "Actual address" means the residential street address of the program participant that
 is stated in a program participant's application for enrollment or on a notice of a change of
 address under Section 77-38-610.
        (3) "Assailant" means an individual who commits or threatens to commit abuse, human
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        S.B. 70                                                                         Enrolled Copy
 trafficking, domestic violence, stalking, or a sexual offense against an applicant for the
 program or a minor or incapacitated individual residing with an applicant for the program.
        (4) "Assigned address" means an address designated by the commission and assigned
 to a program participant.
        (5) "Authorization card" means a card issued by the commission that identifies a
 program participant as enrolled in the program with the program participant's assigned address
 and the date on which the program participant will no longer be enrolled in the program.
        (6) "Commission" means the State Commission on Criminal and Juvenile Justice
 created in Section 63M-7-201.
        (7) "Domestic violence" means the same as that term is defined in Section 77-36-1.
        (8) "Human trafficking" means a human trafficking offense under Section 76-5-308.
        (9) "Incapacitated individual" means an individual who is incapacitated, as defined in
 Section 75-1-201.
        (10) (a) "Mail" means first class letters or flats delivered by the United States Postal
 Service, including priority, express, and certified mail.
        (b) "Mail" does not include a package, parcel, periodical, or catalogue, unless the
 package, parcel, periodical, or catalogue is clearly identifiable as:
        (i) being sent by a federal, state, or local agency or another government entity; or
        (ii) a pharmaceutical or medical item.
        (11) "Minor" means an individual who is younger than 18 years old.
        (12) "Notification form" means a form issued by the commission that a program
 participant may send to a person demonstrating that the program participant is enrolled in the
 program.
        (13) "Program" means the [Address Confidentiality Program] Safe at Home Program
 created in Section 77-38-602.
        (14) "Program assistant" means an individual designated by the commission under
 Section 77-38-604 to assist an applicant or program participant.
        (15) "Program participant" means an individual who is enrolled under Section
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        Enrolled Copy                                                                                  S.B. 70
 77-38-606 by the commission to participate in the program.
         (16) "Record" means the same as that term is defined in Section 63G-2-103.
         (17) "Sexual offense" means:
         (a) a sexual offense under Title 76, Chapter 5, Part 4, Sexual Offenses; or