Bill Summary – FastDemocracy

LEGISLATIVE GENERAL COUNSEL                                          H.B. 328
       6 Approved for Filing: J. Carlton 6                              nd
                                                                       2 Sub. (Gray)
           6 01-31-24 5:20 PM 6
                      Representative Angela Romero proposes the following substitute bill:
 1                     VICTIMS OF SEXUAL OFFENSES AMENDMENTS
 2                                          2024 GENERAL SESSION
 3                                                  STATE OF UTAH
 4                                    Chief Sponsor: Angela Romero
 5                                   Senate Sponsor: Wayne A. Harper
 6
 7    LONG TITLE
 8    General Description:
 9            This bill amends provisions related to victims of sexual offenses.
10    Highlighted Provisions:
11            This bill:
12            < defines terms;
13            < moves a statute regarding custody and parent-time for a child conceived as a result
14    of a sexual offense;
15            < amends the requirements for retaining or disposing of a sexual assault kit;
16            < requires agency to provide a victim with notice of intent when the agency intends to
17    destroy or dispose of a sexual assault kit;
18            < addresses the rights for victims of sexual offenses, including rights related to sexual
19    assault kits;
20            < allows for the termination of parental rights of a parent who Öº [committed] was
20a convicted of »Ö a sexual
21    offense º [that resulted in conception of the child when termination is in the best
                                                                                                           2nd Sub. H.B. 328
 22   interests of the child] Öº [against the child or] against »Ö the other parent of the child » ;
22a and
23            < makes technical and conforming changes.
24    Money Appropriated in this Bill:
25            None
      *HB0328S02*                                             Senate 2nd Reading Amendments 2-26-2024 lp/jc1
                                                       -1-            House Floor Amendments 2-6-2024 ho/jc1
          2nd Sub. (Gray) H.B. 328                                                     01-31-24 5:20 PM
 708    providing the current name, address, telephone number, and email address, if an email address
 709    is available, of the person to whom the information should be provided to the criminal justice
 710    agencies involved in the case.
 711           Section 11. Section 80-4-301 is amended to read:
 712           80-4-301. Grounds for termination of parental rights -- Findings regarding
 713    reasonable efforts by division.
 714           (1) Subject to the protections and requirements of Section 80-4-104, and if the juvenile
 715    court finds termination of parental rights, from the child's point of view, is strictly necessary,
 716    the juvenile court may terminate all parental rights with respect to the parent if the juvenile
 717    court finds [any one of the following]:
 718           (a) [that] the parent has abandoned the child;
 719           (b) [that] the parent has neglected or abused the child;
 720           (c) [that] the parent is unfit or incompetent;
 721           (d) º [(i)] » the parent Öº [committed an act constituting] was convicted of »Ö a
721a1   sexual offense, as defined in
 721a Section
 722    77-37-2, or a comparable offense under the laws of the state where the Öº [act] offense »Ö
722a1   occurred º , against
 722a   Öº [the child or] »Ö the other parent of the child » ;
 723           º [(ii) the act resulted in the conception of the child; and
  724          (iii) termination is in the best interest of the child;] »
 725           [(d)] (e) (i) [that] the child is being cared for in an out-of-home placement under the
 726    supervision of the juvenile court or the division;
 727           (ii) [that] the parent has substantially neglected, willfully refused, or has been unable or
 728    unwilling to remedy the circumstances that cause the child to be in an out-of-home placement;
 729    and
 730           (iii) [that] there is a substantial likelihood that the parent will not be capable of
 731    exercising proper and effective parental care in the near future;
 732           [(e)] (f) failure of parental adjustment, as defined in this chapter;
 733           [(f)] (g) [that] only token efforts have been made by the parent:
 734           (i) to support or communicate with the child;
 735           (ii) to prevent neglect of the child;
 736           (iii) to eliminate the risk of serious harm to the child; or
 737           (iv) to avoid being an unfit parent;
 738           [(g)] (h) (i) [that] the parent has voluntarily relinquished the parent's parental rights to
                                                                  Senate 2nd Reading Amendments 2-26-2024 lp/jc1
                                                        - 24 -            House Floor Amendments 2-6-2024 ho/jc1
Statutes affected: 
Introduced: 30-3-10, 53-10-902, 53-10-905, 77-37-2, 77-37-3, 80-4-301
Enrolled: 30-3-10, 53-10-902, 53-10-905, 77-37-2, 77-37-3, 80-4-301
H.B. 328 1st Substitute : 30-3-10, 53-10-902, 53-10-905, 77-37-2, 77-37-3, 80-4-301
H.B. 328 2nd Substitute : 30-3-10, 53-10-902, 53-10-905, 77-37-2, 77-37-3, 80-4-301
H.B. 328 2nd Substitute Amended Pages Only: 80-4-301
H.B. 328 3rd Substitute (Not Adopted) Text: 30-3-10, 53-10-902, 53-10-905, 77-37-2, 77-37-3, 80-4-301
Amended: 30-3-10, 53-10-902, 53-10-905, 77-37-2, 77-37-3, 80-4-301
H.B. 328 2nd Substitute (Not Adopted) Text: 30-3-10, 53-10-902, 53-10-905, 77-37-2, 77-37-3, 80-4-301
H.B. 328 1st Substitute (Not Adopted) Text: 30-3-10, 53-10-902, 53-10-905, 77-37-2, 77-37-3, 80-4-301