LEGISLATIVE GENERAL COUNSEL H.B. 101
6 Approved for Filing: S. Larson 6 st
1 Sub. (Buff)
6 02-07-24 11:48 AM 6
Representative Brian S. King proposes the following substitute bill:
1 LAW ENFORCEMENT REPORTING REQUIREMENTS
2 2024 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Brian S. King
5 Senate Sponsor: Scott D. Sandall
6
7 LONG TITLE
8 General Description:
9 This bill addresses law enforcement reporting requirements.
10 Highlighted Provisions:
11 This bill:
12 < restructures law enforcement reporting requirements in Title 53, Public Safety
13 Code;
14 < requires a law enforcement agency to report certain information on lawfully seized
15 firearms; and
16 < makes technical and conforming changes.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None 1 stSub. H.B. 101
21 Utah Code Sections Affected:
22 AMENDS:
23 53-25-101, as enacted by Laws of Utah 2023, Chapter 427
24 63A-16-1002, as last amended by Laws of Utah 2023, Chapters 158, 161, 382, and 448
25 ENACTS:
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26 53-25-501, Utah Code Annotated 1953
27 RENUMBERS AND AMENDS:
28 53-25-201, (Renumbered from 53-24-101, as enacted by Laws of Utah 2023, Chapter
29 158)
30 53-25-202, (Renumbered from 53-24-102, as enacted by Laws of Utah 2023, Chapter
31 158)
32 53-25-203, (Renumbered from 53-24-103, as enacted by Laws of Utah 2023, Chapter
33 158)
34 53-25-301, (Renumbered from 53-23-101, as enacted by Laws of Utah 2023, Chapter
35 382)
36 53-25-401, (Renumbered from 53-26-101, as enacted by Laws of Utah 2023, Chapter
37 500)
38
39 Be it enacted by the Legislature of the state of Utah:
40 Section 1. Section 53-25-101 is amended to read:
41 CHAPTER 25. LAW ENFORCEMENT REQUIREMENTS
42 Part 1. Disclosure Restrictions
43 53-25-101. Prohibition on disclosure of identity of minor homicide victim.
44 (1) As used in this section:
45 (a) "Criminal homicide" means the same as that term is defined in Section 76-5-201.
46 (b) "Media outlet" means a bona fide newspaper, magazine, or broadcast media
47 enterprise, whether conducted on a for-profit or nonprofit basis, engaged in the business of
48 providing news and information to the general public.
49 (c) "Minor victim" means the victim of a criminal homicide if the victim is younger
50 than 18 years old.
51 (d) "Parent or legal guardian" does not include an individual who is a suspect or
52 defendant with respect to the criminal homicide.
53 (2) A law enforcement agency [and] or a law enforcement officer may not disclose [to
54 a representative of a media outlet] the name or other personally identifying information of a
55 minor victim [until] to a representative of a media outlet unless the law enforcement agency or
56 law enforcement officer has made a reasonable effort to obtain the consent of the minor
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57 victim's parent or legal guardian for the disclosure.
58 Section 2. Section 53-25-201, which is renumbered from Section 53-24-101 is
59 renumbered and amended to read:
60 Part 2. Sexual assault offense policy and reporting requirements
61 [53-24-101]. 53-25-201. Sexual assault offense policy and public
62 information requirements for law enforcement agencies.
63 (1) (a) Beginning January 1, 2024, a law enforcement agency shall create and maintain
64 a policy regarding the law enforcement agency's processes for handling sexual assault
65 investigations.
66 (b) A policy described under Subsection (1)(a) shall include current best practices for
67 handling sexual assault investigations, including:
68 (i) protocols and training on responses to sexual trauma;
69 (ii) emergency response procedures, including prompt contact with the victim and the
70 preservation of evidence; and
71 (iii) referrals to sexual assault support services.
72 (c) A law enforcement agency shall publicly post on the law enforcement agency's
73 website the policy described in Subsection (1)(a).
74 (2) Beginning January 1, 2024, a law enforcement agency shall create and publicly post
75 on the law enforcement agency's website a guide for victims of sexual assault that includes:
76 (a) a description of the law enforcement agency's processes for handling sexual assault
77 investigations;
78 (b) contact information for victims of sexual assault to obtain more information from
79 the law enforcement agency; and
80 (c) referral information for sexual assault victim support services.
81 Section 3. Section 53-25-202, which is renumbered from Section 53-24-102 is
82 renumbered and amended to read:
83 [53-24-102]. 53-25-202. Sexual assault offense reporting requirements for
84 law enforcement agencies.
85 (1) As used in this section:
86 (a) "Commission" means the State Commission on Criminal and Juvenile Justice
87 created in Section 63M-7-201.
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88 (b) "Sexual assault offense" means:
89 (i) rape, Section 76-5-402;
90 (ii) rape of a child, Section 76-5-402.1;
91 (iii) object rape, Section 76-5-402.2;
92 (iv) object rape of a child, Section 76-5-402.3;
93 (v) forcible sodomy, Section 76-5-403;
94 (vi) sodomy on a child, Section 76-5-403.1;
95 (vii) forcible sexual abuse, Section 76-5-404;
96 (viii) sexual abuse of a child, Section 76-5-404.1;
97 (ix) aggravated sexual abuse of a child, Section 76-5-404.3;
98 (x) aggravated sexual assault, Section 76-5-405; or
99 (xi) sexual battery, Section 76-9-702.1.
100 (2) (a) Beginning January 1, 2025, a law enforcement agency shall annually, on or
101 before April 30, submit a report to the commission for the previous calendar year containing
102 the number of each type of sexual assault offense that:
103 (i) was reported to the law enforcement agency;
104 (ii) was investigated by a detective; and
105 (iii) was referred to a prosecutor for prosecution.
106 (b) A law enforcement agency shall:
107 (i) compile the report described in Subsection (2)(a) for each calendar year in the
108 standardized format developed by the commission under Subsection (3); and
109 (ii) publicly post the information reported in Subsection (2)(a) on the law enforcement
110 agency's website.
111 (3) The commission shall:
112 (a) develop a standardized format for reporting the data described in Subsection (2);
113 (b) compile the data submitted under Subsection (2); and
114 (c) annually on or before August 1, publish a report of the data described in Subsection
115 (2) on the commission's website.
116 Section 4. Section 53-25-203, which is renumbered from Section 53-24-103 is
117 renumbered and amended to read:
118 [53-24-103]. 53-25-203. Exemption.
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119 The provisions of this [chapter] part do not apply to a law enforcement agency created
120 under Section 41-3-104.
121 Section 5. Section 53-25-301, which is renumbered from Section 53-23-101 is
122 renumbered and amended to read:
123 Part 3. Reporting requirements for reverse-location warrants
124 [53-23-101]. 53-25-301. Reporting requirements for reverse-location
125 warrants.
126 (1) As used in this section:
127 (a) "Anonymized" means the same as that term is defined in Section 77-23f-101.
128 (b) "Commission" means the State Commission on Criminal and Juvenile Justice
129 created in Section 63M-7-201.
130 (c) "Electronic device" means the same as that term is defined in Section 77-23f-101.
131 (d) "Law enforcement agency" means the same as that term is defined in Section
132 77-23c-101.2.
133 (e) "Reverse-location information" means the same as that term is defined in Section
134 77-23f-101.
135 (f) "Reverse-location warrant" means a warrant seeking reverse-location information
136 under Section 77-23f-102, 77-23f-103, or 77-23f-104.
137 (2) (a) Beginning January 1, 2024, a law enforcement agency shall annually on or
138 before April 30 submit a report to the commission with the following data for the previous
139 calendar year:
140 (i) the number of reverse-location warrants requested by the law enforcement agency
141 under Section 77-23f-102, 77-23f-103, or 77-23f-104;
142 (ii) the number of reverse-location warrants that a court or magistrate granted after a
143 request described in Subsection (2)(a)(i);
144 (iii) the number of investigations that used information obtained under a
145 reverse-location warrant to investigate a crime that was not the subject of the reverse-location
146 warrant;
147 (iv) the number of times reverse-location information was obtained under an exception
148 listed in Section 77-23f-106;
149 (v) the warrant identification number for each warrant described under Subsection
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150 (2)(a)(ii) or (iii); and
151 (vi) the number of electronic devices for which anonymized electronic device data was
152 obtained under each reverse-location warrant described under Subsection (2)(a)(ii).
153 (b) A law enforcement agency shall compile the report described in Subsection (2)(a)
154 for each year in the standardized format developed by the commission under Subsection (4).
155 (3) If a reverse-location warrant is requested by a multijurisdictional team of law
156 enforcement officers, the reporting requirement in this section is the responsibility of the
157 commanding agency or governing authority of the multijurisdictional team.
158 (4) The commission shall:
159 (a) develop a standardized format for reporting the data described in Subsection (2);
160 (b) compile the data submitted under Subsection (2); and
161 (c) annually on or before August 1, publish on the commission's website a report of the
162 data described in Subsection (2).
163 Section 6. Section 53-25-401, which is renumbered from Section 53-26-101 is
164 renumbered and amended to read:
165 Part 4. Reporting requirements for genetic genealogy database utilizations
166 [53-26-101]. 53-25-401. Law enforcement reporting requirements for
167 genetic genealogy database utilizations .
168 (1) As used in this section:
169 (a) "Commission" means the State Commission on Criminal and Juvenile Justice
170 created in Section 63M-7-201.
171 (b) "Genetic genealogy database utilization" means the same as that term is defined in
172 Section 53-10-403.7.
173 (c) "Law enforcement agency" means the same as that term is defined in Section
174 53-1-102.
175 (d) "Qualifying case" means the same as that term is defined in Section 53-10-403.7.
176 (2) (a) Beginning on January 1, 2024, a law enforcement agency shall annually on or
177 before April 30 submit a report to the commission with the following data for the previous
178 calendar year:
179 (i) the number of genetic genealogy database utilizations requested by the law
180 enforcement agency under Section 53-10-403.7; and
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181 (ii) for each utilization described in Subsection (2)(a)(i):
182 (A) if applicable, the type of qualifying case;
183 (B) for a criminal investigation, the alleged offense;
184 (C) whether the case was a cold case, as that term is defined in Section 53-10-115, at
185 the time of the request for the utilization; and
186 (D) whether the results of the utilization revealed the identity of the owner of the DNA
187 specimen.
188 (b) A law enforcement agency shall compile the report described in Subsection (2)(a)
189 for each year in the standardized format developed by the commission under Subsection (4).
190 (3) If a genetic genealogy database utilization is requested by a multijurisdictional team
191 of law enforcement officers, the reporting requirement in this section is the responsibility of the
192 commanding agency or governing authority of the multijurisdictional team.
193 (4) The commission shall:
194 (a) develop a standardized format for reporting the data described in Subsection (2);
195 (b) compile the data submitted under Subsection (2), including the number of genetic
196 genealogy database utilizations requested by each reporting law enforcement agency; and
197 (c) annually on or before August 1, publish a report of the data described in Subsection
198 (2) on the commission's website.
199 Section 7. Section 53-25-501 is enacted to read:
200 Part 5. Reporting requirements for seized firearms
201 53-25-501. Reporting requirements for seized firearms.
202 (1) As used in this section:
203 (a) "Commission" means the State Commission on Criminal and Juvenile Justice
204 created in Section 63M-7-201.
205 (b) "Firearm" means the same as that term is defined in Section 76-10-501.
206 (c) "Restricted person" means a Category I or Category II restricted person as defined
207 in Section 76-10-503.
208 (2) Beginning on July 1, 2026, a law enforcement agency shall annually on or before
209 April 30 report to the commission the following data for the previous calendar year:
210 (a) the number of firearms the law enforcement agency lawfully seized;
211 (b) the types of firearms the law enforcement agency lawfully seized; and
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212 (c) information on where restricted persons obtained the firearms that the law
213 enforcement agency recovered if the information is known or discoverable by the law
214 enforcement agency.
215 Section 8. Section 63A-16-1002 is amended to read:
216 63A-16-1002. Criminal and juvenile justice database.
217 (1) The commission shall oversee the creation and management of a criminal and
218 juvenile justice database for information and data required to be reported to the commission,
219 organized by county, and accessible to all criminal justice agencies in the state.
220 (2) The division shall assist with the development and management of the database.
221 (3) The division, in collaboration with the commission, shall create:
222 (a) master standards and formats for information submitted to the database;
223 (b) a portal, bridge, website, or other method for reporting entities to provide the
224 information;
225 (c) a master data management index or system to assist in the retrieval of information
226 in the database;
227 (d) a protocol for accessing information in the database that complies with state
228 privacy regulations; and
229 (e) a protocol for real-time audit capability of all data accessed through the portal by
230 participating data source, data use entities, and regulators.
231 (4) Each criminal justice agency charged with reporting information to the commission
232 shall provide the data or information to the database in a form prescribed by the commission.
233 (5) The database shall be the repository for the statutorily required data described in:
234 (a) Section 13-53-111, recidivism reporting requirements;
235 (b) Section 17-22-32, county jail reporting requirements;
236 (c) Section 17-55-201, Criminal Justice Coordinating Councils reporting;
237 (d) Section 41-6a-511, courts to collect and maintain data;
238 (e) Section [53-23-101] 53-25-301, reporting requirements for reverse-location
239 warrants;
240 (f) Section [53-24-102] 53-25-202, sexual assault offense reporting requirements for
241 law enforcement agencies;
242 (g) Section 53-25-501, reporting requirements for seized firearms;
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243 [(g)] (h) Section 63M-7-214, law enforcement agency grant reporting;
244 [(h)] (i) Section 63M-7-216, prosecutorial data collection;
245 [(i)] (j) Section 64-13-21, supervision of sentenced offenders placed in community;
246 [(j)] (k) Section 64-13-25, standards for programs;