Bill Summary – FastDemocracy

LEGISLATIVE GENERAL COUNSEL                                             H.B. 86
Approved for Filing: S. Larson 6                                 st
                                                                        1 Sub. (Buff)
          6 01-11-24 2:57 PM 6
                    Representative Ryan D. Wilcox proposes the following substitute bill:
                         PUBLIC SAFETY DATA AMENDMENTS
                                      2024 GENERAL SESSION
                                           STATE OF UTAH
                                Chief Sponsor: Ryan D. Wilcox
                               Senate Sponsor: Kirk A. Cullimore
 6
 LONG TITLE
 General Description:
        This bill amends and enacts provisions related to the collection and reporting of public
 safety data.
 Highlighted Provisions:
        This bill:
        < defines terms;
        < requires the Alcohol Abuse Tracking Committee to report certain information to the
 State Commission on Criminal and Juvenile Justice and to the Law Enforcement
 and Criminal Justice Interim Committee;
        < amends the dates for certain required reports;
        < renames the "criminal and juvenile justice database" to the "public safety portal";
        < clarifies that the State School Board's school disciplinary and law enforcement
 action report is a report required to be included in the public safety portal managed             1 stSub. H.B. 86
 by the State Commission on Criminal and Juvenile Justice;
        < provides the State Commission on Criminal and Juvenile Justice with authority to
 contract with private and governmental entities to assist criminal justice agencies in
 complying with certain data reporting requirements;
        < creates the public safety portal grant program; and
     *HB0086S01*
       1st Sub. (Buff) H.B. 86                                                  01-11-24 2:57 PM
        < makes technical and conforming changes.
 Money Appropriated in this Bill:
        None
 Other Special Clauses:
        This bill provides a special effective date.
 Utah Code Sections Affected:
 AMENDS:
        26B-1-427, as renumbered and amended by Laws of Utah 2023, Chapter 305
        53E-3-516, as last amended by Laws of Utah 2023, Chapters 115, 161
        63A-16-1001, as last amended by Laws of Utah 2023, Chapter 161
        63A-16-1002, as last amended by Laws of Utah 2023, Chapters 158, 161, 382, and 448
        63M-7-214, as last amended by Laws of Utah 2022, Chapter 390
        63M-7-216, as last amended by Laws of Utah 2023, Chapter 330
        63M-7-218, as last amended by Laws of Utah 2023, Chapters 158, 161 and 382
        80-6-104, as enacted by Laws of Utah 2023, Chapter 161
 ENACTS:
        63A-16-1003, Utah Code Annotated 1953
43
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 26B-1-427 is amended to read:
        26B-1-427. Alcohol Abuse Tracking Committee --Tracking effects of abuse of
 alcoholic products.
        (1) There is created a committee within the department known as the Alcohol Abuse
 Tracking Committee that consists of:
        (a) the executive director or the executive director's designee;
        (b) the commissioner of the Department of Public Safety or the commissioner's
 designee;
        (c) the director of the Department of Alcoholic Beverage Services or that director's
 designee;
        (d) the executive director of the Department of Workforce Services or that executive
 director's designee;
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        (e) the chair of the Utah Substance Use and Mental Health Advisory Council or the
 chair's designee;
        (f) the state court administrator or the state court administrator's designee; and
        (g) the director of the Division of Technology Services or that director's designee.
        (2) The executive director or the executive director's designee shall chair the
 committee.
        (3) (a) Four members of the committee constitute a quorum.
        (b) A vote of the majority of the committee members present when a quorum is present
 is an action of the committee.
        (4) The committee shall meet at the call of the chair, except that the chair shall call a
 meeting at least twice a year:
        (a) with one meeting held each year to develop the report required under Subsection
 (7); and
        (b) with one meeting held to review and finalize the report before the report is issued.
        (5) The committee may adopt additional procedures or requirements for:
        (a) voting, when there is a tie of the committee members;
        (b) how meetings are to be called; and
        (c) the frequency of meetings.
        (6) The committee shall establish a process to collect for each calendar year the
 following information:
        (a) the number of individuals statewide who are convicted of, plead guilty to, plead no
 contest to, plead guilty in a similar manner to, or resolve by diversion or its equivalent to a
 violation related to underage drinking of alcohol;
        (b) the number of individuals statewide who are convicted of, plead guilty to, plead no
 contest to, plead guilty in a similar manner to, or resolve by diversion or its equivalent to a
 violation related to driving under the influence of alcohol;
        (c) the number of violations statewide of Title 32B, Alcoholic Beverage Control Act,
 related to over-serving or over-consumption of an alcoholic product;
        (d) the cost of social services provided by the state related to abuse of alcohol,
 including services provided by the Division of Child and Family Services;
        (e) the location where the alcoholic products that result in the violations or costs
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        1st Sub. (Buff) H.B. 86                                                    01-11-24 2:57 PM
 described in Subsections (6)(a) through (d) are obtained; and
        (f) any information the committee determines can be collected and relates to the abuse
 of alcoholic products.
        (7) The committee shall:
        (a) report the information collected under Subsection (6) annually to the governor [and
 the Legislature], the Law Enforcement and Criminal Justice Interim Committee, and the State
 Commission on Criminal and Juvenile Justice by no later than the July 1 immediately
 following the calendar year for which the information is collected; and
        (b) provide all data collected before January 1, 2024, under Subsection (6) to the State
 Commission on Criminal and Juvenile Justice.
        Section 2. Section 53E-3-516 is amended to read:
        53E-3-516. School disciplinary and law enforcement action report -- Rulemaking
 authority.
        (1) As used in this section:
        (a) "Dangerous weapon" means the same as that term is defined in Section 53G-8-510.
        [(b) "Disciplinary action" means an action by a public school meant to formally
 discipline a student of that public school that includes a suspension or expulsion.]
        (b) (i) "Law enforcement action" means a significant law enforcement interaction with
 a minor.
        (ii) "Law enforcement action" includes the following actions against a minor:
        (A) a search and seizure by a school resource officer;
        (B) an arrest;
        (C) the issuance of a citation;
        (D) the filing of a delinquency petition, indictment, or criminal information; or
        (E) a referral to the juvenile court.
        (c) "Law enforcement agency" means the same as that term is defined in Section
 77-7a-103.
        (d) "Minor" means the same as that term is defined in Section 80-1-102.
        [(e) "Other law enforcement activity" means a significant law enforcement interaction
 with a minor that does not result in an arrest, including:]
        [(i) a search and seizure by an SRO;]
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        01-11-24 2:57 PM                                                      1st Sub. (Buff) H.B. 86
        [(ii) issuance of a criminal citation;]
        [(iii) issuance of a ticket or summons;]
        [(iv) filing a delinquency petition; or]
        [(v) referral to a probation officer.]
        (e) (i) "School disciplinary action" means an action by a public school to formally
 discipline a student of that public school.
        (ii) "School disciplinary action" includes a suspension or an expulsion.
        (f) "School is in session" means the hours of a day during which a public school
 conducts instruction for which student attendance is counted toward calculating average daily
 membership.
        (g) (i) "School-sponsored activity" means an activity, fundraising event, club, camp,
 clinic, or other event or activity that is authorized by a specific public school, according to LEA
 governing board policy, and satisfies at least one of the following conditions:
        (A) the activity is managed or supervised by a school district, public school, or public
 school employee;
        (B) the activity uses the school district or public school facilities, equipment, or other
 school resources; or
        (C) the activity is supported or subsidized, more than inconsequentially, by public
 funds, including the public school's activity funds or Minimum School Program dollars.
        (ii) "School-sponsored activity" includes preparation for and involvement in a public
 performance, contest, athletic competition, demonstration, display, or club activity.
        (h) " School resource officer" or "SRO" means the same as that term is defined in
 Section 53G-8-701.
        (2) [Beginning on July 1, 2023, the] The state board shall develop an annual report
 regarding the following incidents that occur on school grounds while school is in session or
 during a school-sponsored activity:
        [(a) arrests of a minor;]
        [(b) other law enforcement activities;]
        [(c)] (a) school disciplinary actions; [and]
        [(d)] (b) minors found in possession of a dangerous weapon[.]; and
        (c) law enforcement actions.
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        1st Sub. (Buff) H.B. 86                                                       01-11-24 2:57 PM
         (3) Pursuant to state and federal law, law enforcement agencies shall collaborate with
 the state board and LEAs to provide and validate data and information necessary to complete
 the report described in Subsection (2), as requested by an LEA or the state board.
         (4) The report described in Subsection (2) shall include the following information
 listed separately for each school in an LEA:
         [(a) the number of arrests of a minor, including the reason why the minor was
 arrested;]
         [(b)] (a) the number of [other] law enforcement [activities] actions, including the
 following information for each incident:
         (i) the reason for the [other] law enforcement [activity] action; and
         (ii) the type of [other] law enforcement [activity] action used;
         [(c)] (b) the number of school disciplinary actions [imposed], including the following
 information for each incident:
         (i) the reason for the school disciplinary action; and
         (ii) the type of school disciplinary action;
         [(d)] (c) the number of SROs employed;
         [(e)] (d) if applicable, the demographics of an individual who is subject to, as the
 following are defined in Section 53G-9-601, bullying, hazing, cyber-bullying, or retaliation;
 and
         [(f)] (e) the number of minors found in possession of a dangerous weapon on school
 grounds while school is in session or during a school-sponsored activity.
         (5) The report described in Subsection (2) shall include the following information, in
 aggregate, for each element described in Subsections (4)(a) [through (c)] and (b):
         (a) age;
         (b) grade level;
         (c) race;
         (d) sex; and
         (e) disability status.
         (6) Information included in the annual report described in Subsection (2) shall comply
 with:
         (a) Chapter 9, Part 3, Student Data Protection;
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          (b) Chapter 9, Part 2, Student Privacy; and
          (c) the Family Education Rights and Privacy Act, 20 U.S.C. Secs. 1232g and 1232h.
          (7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
 state board shall make rules to compile the report described in Subsection (2).
          (8) The state board shall provide the report described in Subsection (2):
          (a) in accordance with Section 53E-1-203 for incidents that occurred during the
 previous school year; and
          (b) to the State Commission on Criminal and Juvenile Justice before July 1 of each
 year for incidents that occurred during the previous school year.
          Section 3. Section 63A-16-1001 is amended to read:
          63A-16-1001. Definitions.
          As used in this part:
          (1) "Commission" means the State Commission on Criminal and Juvenile Justice
 created in Section 63M-7-201.
          (2) "Criminal justice agency" means an agency or institution directly involved in the
 apprehension, prosecution, and incarceration of an individual involved in criminal activity,
 including law enforcement, correctional facilities, jails, courts, probation, and parole.
          [(3) "Database" means the criminal and juvenile justice database created in this part.]
          [(4)] (3) "Division" means the Division of Technology Services created in Section
 63A-16-103.
          (4) "Grant" means a grant awarded under Section 63A-16-1003.
          (5) "Program" means the public safety portal grant program created in Section
 63A-16-1003.
          (6) "Public safety portal" means the data portal created in Section 63A-16-1002.
          (7) "State board" means the State Board of Education.
          Section 4. Section 63A-16-1002 is amended to read:
          63A-16-1002. Public safety portal.
          (1) The commission shall oversee the creation and management of a [criminal and
 juvenile justice database] public safety portal for information and data required to be reported
 to the commission[, organized by county,] and accessible to all criminal justice agencies in the
 state.
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        1st Sub. (Buff) H.B. 86                                                      01-11-24 2:57 PM
         (2) The division shall assist with the development and management of the [database]
 public safety portal.
         (3) The division, in collaboration with the commission, shall create:
         (a) master standards and formats for information submitted to the [database] public
 safety portal;
         (b) a [portal] gateway, bridge, website, or other method for reporting entities to provide
 the information;
         (c) a master data management index or system to assist in the retrieval of information
 [in the database] from the public safety portal;
         (d) a protocol for accessing information in the [database] public safety portal that
 complies with state privacy regulations; and
         (e) a protocol for real-time audit capability of all data accessed [through] from the
 public safety portal by participating data source, data use entities, and regulators.
         [(4) Each criminal justice agency charged with reporting information to the
 commission shall provide the data or information to the database in a form prescribed by the
 commission.]
         [(5)] (4) The [database] public safety portal shall be the repository for the statutorily
 required data described in:
         (a) Section 13-53-111, recidivism reporting requirements;
         (b) Section 17-22-32, county jail reporting requirements;
         (c) Section 17-55-201, Criminal Justice Coordinating Councils reporting;
         (d) Section 26B-1-427, Alcohol Abuse Tracking Committee;
         [(d)] (e) Section 41-6a-511, courts to collect and maintain data;
         [(e)] (f) Section 53-23-101, reporting requirements for reverse-location warrants;
         [(f)] (g) Section 53-24-102, sexual assault offense reporting requirements for law
 enforcement agencies;
         (h) Section 53E-3-516, school disciplinary and law enforcement action report;
         [(g)] (i) Section 63M-7-214, law enforcement agency grant reporting;
         [(h)] (j) Section 63M-7-216, prosecutorial data collection;
         [(i)] (k) Section 64-13-21, supervision of sentenced offenders placed in community;
         [(j)] (l) Section 64-13-25, standards for programs;
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        [(k)] (m) Section 64-13-45, department reporting requirements;
        [(l)] (n) Section 64-13e-104, housing of state probationary inmates or state parole
 inmat