Enrolled Copy S.B. 11
1 SEX AND KIDNAP OFFENDER REGISTRY ACCESS
2024 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Chris H. Wilson House Sponsor: Andrew Stoddard
2
3 LONG TITLE
4 General Description:
5 This bill addresses access to information included on the Sex and Kidnap Offender Registry.
6 Highlighted Provisions:
7 This bill:
8 ▸ requires the Department of Corrections to make certain information collected by the
9 department for the purpose of registering sex and kidnap offenders searchable on the Sex
10 Offender and Kidnap Offender Notification and Registration website;
11 ▸ clarifies that the Department of Corrections is not required to report the results of
12 searches to a law enforcement agency;
13 ▸ prohibits the department from disclosing the name or other identifying information of a
14 sex or kidnap offender; and
15 ▸ makes technical and conforming changes.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 77-41-110, as last amended by Laws of Utah 2023, Chapter 123
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 77-41-110 is amended to read:
26 77-41-110 . Sex offender and kidnap offender registry -- Department to maintain.
27 (1) The department shall maintain a Sex Offender and Kidnap Offender Notification and
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28 Registration website on the Internet, which shall contain a disclaimer informing the
29 public:
30 (a) the information contained on the site is obtained from offenders and the department
31 does not guarantee its accuracy or completeness;
32 (b) members of the public are not allowed to use the information to harass or threaten
33 offenders or members of their families; and
34 (c) harassment, stalking, or threats against offenders or their families are prohibited and
35 doing so may violate Utah criminal laws.
36 (2) The Sex Offender and Kidnap Offender Notification and Registration website shall be
37 indexed by both the surname of the offender and by postal codes.
38 (3) The department shall construct the Sex Offender Notification and Registration website
39 so that users, before accessing registry information, must indicate that they have read the
40 disclaimer, understand it, and agree to comply with its terms.
41 (4) Except as provided in Subsection [(5)] (7), the Sex Offender and Kidnap Offender
42 Notification and Registration website shall include the following registry information:
43 (a) all names and aliases by which the offender is or has been known, but not including
44 any online or Internet identifiers;
45 (b) the addresses of the offender's primary, secondary, and temporary residences;
46 (c) a physical description, including the offender's date of birth, height, weight, and eye
47 and hair color;
48 (d) the make, model, color, year, and plate number of any vehicle or vehicles the
49 offender owns or regularly drives;
50 (e) a current photograph of the offender;
51 (f) a list of all professional licenses that authorize the offender to engage in an
52 occupation or carry out a trade or business;
53 (g) each educational institution in Utah at which the offender is employed, carries on a
54 vocation, or is a student;
55 (h) a list of places where the offender works as a volunteer; and
56 (i) the crimes listed in Subsections 77-41-102(10) and (18) that the offender has been
57 convicted of or for which the offender has been adjudicated delinquent in juvenile
58 court.
59 (5) (a) The department shall enable the public to search the Sex and Kidnap Offender
60 Notification and Registration website to determine if the following search criteria are
61 linked to an offender:
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62 (i) telephone numbers or other designations for an offender provided under
63 Subsection 77-41-105(7)(h);
64 (ii) Internet identifiers or other addresses for an offender provided under Subsection
65 77-41-105(7)(i); and
66 (iii) names and Internet addresses of websites on which an offender is registered
67 using an online identifier, including the online identifier used to access the
68 website.
69 (b) The department shall ensure that a search performed using the criteria in Subsection
70 (5)(a):
71 (i) provides the individual requesting the search with only information regarding
72 whether the criteria are linked to an offender; and
73 (ii) does not return the name or any other identifying information about an offender.
74 (c) The department is not required to:
75 (i) report the results of the search under Subsection (5)(a) to a law enforcement
76 agency; or
77 (ii) based on the results of a search under Subsection (5)(a), open an investigation.
78 [(5)] (6) The department, [its] the department's personnel, and any individual or entity acting
79 at the request or upon the direction of the department are immune from civil liability for
80 damages for good faith compliance with this chapter and will be presumed to have acted
81 in good faith by reporting information.
82 [(6)] (7) The department shall redact information that, if disclosed, could reasonably identify
83 a victim.
84 Section 2. Effective date.
85 This bill takes effect on May 1, 2024.
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Statutes affected:
Introduced: 77-41-110
Enrolled: 77-41-110
S.B. 11 1st Substitute (Not Adopted) Text: 77-41-110