Bill Summary – FastDemocracy

LEGISLATIVE GENERAL COUNSEL                                              H.B. 362
Approved for Filing: J. Carlton 6                                  nd
                                                                          2 Sub. (Gray)
          6 02-15-24 4:59 PM 6
                     Representative Karianne Lisonbee proposes the following substitute bill:
                                JUVENILE JUSTICE REVISIONS
                                         2024 GENERAL SESSION
                                             STATE OF UTAH
                                 Chief Sponsor: Karianne Lisonbee
                                  Senate Sponsor: Kirk A. Cullimore
 6
 LONG TITLE
 General Description:
           This bill amends provisions related to juvenile justice.
 Highlighted Provisions:
           This bill:
           < defines terms;
           < modifies the requirements for the juvenile gang and other violent crime prevention
 and intervention program;
           < amends the definition of an evidence-based program for purposes of responses to
 school-based behavior;
           < modifies the requirements for referring an offense that occurs when school is in
 session or during a school-sponsored activity;
           < provides the requirements for referring a minor who is alleged of being a habitual
 truant;                                                                                          2 ndSub. H.B. 362
           < modifies provisions regarding reintegration plans for students who have committed
 a serious offense;
           < requires a school employee to report an offense that is committed by a minor on
 school grounds when school is in session or at a school-sponsored activity;
           < makes it a crime to solicit a minor for a felony offense;
     *HB0362S02*
      2nd Sub. (Gray) H.B. 362                                                    02-15-24 4:59 PM
        < clarifies the crime of criminal solicitation in regard to adults;
        < modifies the crime for the possession of a dangerous weapon on or about school
 grounds;
        < modifies the crime for the possession of a dangerous weapon by a minor;
        < amends the jurisdiction of the juvenile court;
        < addresses the referral of a minor who is a habitual truant to the juvenile court;
        < modifies the requirements for the notification by a juvenile court to a school;
        < repeals statutes related to criminal solicitation, possession of a dangerous weapon
 by a minor, and contributing to the delinquency of a minor; and
        < makes technical and conforming changes.
 Money Appropriated in this Bill:
        None
 Other Special Clauses:
        This bill provides a coordination clause.
 Utah Code Sections Affected:
 AMENDS:
        53E-3-516, as last amended by Laws of Utah 2023, Chapters 115, 161
        53F-2-410, as repealed and reenacted by Laws of Utah 2023, Chapter 161 and last
 amended by Coordination Clause, Laws of Utah 2023, Chapter 98
        53G-8-211, as last amended by Laws of Utah 2023, Chapter 161
        53G-8-213, as enacted by Laws of Utah 2023, Chapter 161
        53G-8-510, as last amended by Laws of Utah 2023, Chapter 115
        76-4-203, as last amended by Laws of Utah 2013, Chapter 278
        76-10-505.5, as last amended by Laws of Utah 2021, Chapter 141
        76-10-509.4, as last amended by Laws of Utah 2023, Chapter 161
        76-10-509.7, as last amended by Laws of Utah 2014, Chapter 428
        76-10-512, as last amended by Laws of Utah 2014, Chapter 428
        77-23a-8, as last amended by Laws of Utah 2023, Chapter 111
        78A-6-103, as last amended by Laws of Utah 2023, Chapters 115, 161, 264, and 330
        80-6-102, as last amended by Laws of Utah 2022, Chapter 155
        80-6-103, as last amended by Laws of Utah 2023, Chapter 161
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       02-15-24 4:59 PM                                                    2nd Sub. (Gray) H.B. 362
        80-6-201, as last amended by Laws of Utah 2022, Chapter 335
        80-6-202, as last amended by Laws of Utah 2022, Chapter 335
        80-6-301, as enacted by Laws of Utah 2021, Chapter 261
        80-6-303.5, as enacted by Laws of Utah 2023, Chapter 161
        80-6-304.5, as enacted by Laws of Utah 2023, Chapter 161
        80-6-1004.5, as enacted by Laws of Utah 2023, Chapter 115
 ENACTS:
        76-4-205, Utah Code Annotated 1953
 REPEALS:
        76-4-204, as last amended by Laws of Utah 2008, Chapter 179
        76-10-509, as last amended by Laws of Utah 1993, Second Special Session, Chapter 10
        76-10-2301, as last amended by Laws of Utah 2000, Chapter 105
 Utah Code Sections Affected by Coordination Clause:
        53G-8-201, as enacted by Laws of Utah 2018, Chapter 3
        53G-8-213, as enacted by Laws of Utah 2023, Chapter 161
72
 Be it enacted by the Legislature of the state of Utah:
        Section 1. 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] a firearm or an object that in the manner of the object's use or intended use is
 capable of causing death or serious bodily injury to an individual.
        (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.
        (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:
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        2nd Sub. (Gray) H.B. 362                                                   02-15-24 4:59 PM
        (i) a search and seizure by an SRO;
        (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.
        (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 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) disciplinary actions; and
        (d) minors found in possession of a dangerous weapon.
        (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.
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        02-15-24 4:59 PM                                                   2nd Sub. (Gray) H.B. 362
         (4) The report described in Subsection (2) shall include the following information
 listed separately for each LEA:
         (a) the number of arrests of a minor, including the reason why the minor was arrested;
         (b) the number of other law enforcement activities, including the following information
 for each incident:
         (i) the reason for the other law enforcement activity; and
         (ii) the type of other law enforcement activity used;
         (c) the number of disciplinary actions imposed, including:
         (i) the reason for the disciplinary action; and
         (ii) the type of disciplinary action;
         (d) the number of SROs employed;
         (e) 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) 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):
         (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;
         (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
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        2nd Sub. (Gray) H.B. 362                                                      02-15-24 4:59 PM
 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 2. Section 53F-2-410 is amended to read:
         53F-2-410. Juvenile gang and other violent crime prevention and intervention
 program -- Funding.
         (1) As used in this section:
         (a) "State agency" means a department, division, office, entity, agency, or other unit of
 the state.
         (b) "State agency" includes the State Commission on Criminal and Juvenile Justice, the
 Administrative Office of the Courts, the Department of Corrections, and the Division of
 Juvenile Justice Services.
         [(1)] (2) Subject to appropriations by the Legislature, the state board shall:
         (a) create a juvenile gang and other violent crime prevention and intervention program
 that is designed to help students at risk for violent criminal involvement stay in school; and
         (b) distribute money under the program to school districts and charter schools through
 the distribution formula described in Subsection [(2)] (3).
         [(2)] (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
 Act, the state board shall coordinate with state agencies to make rules that:
         (a) establish a formula to [distribute] allocate program funding to schools in select
 school districts and charter schools that:
         (i) uses the data reported to the state board [under Section 80-6-104], the State
 Commission on Criminal and Juvenile Justice, the Administrative Office of the Courts, the
 Department of Corrections, and the Division of Juvenile Justice Services; [and]
         (ii) prioritizes the schools in school districts and charter schools based on the
 prevalence of crimes committed by minors within the boundaries of each municipality where a
 school is located; and
         (iii) prioritizes school districts and charter schools that demonstrate collaborative
 efforts with local law enforcement agencies and community prevention.
         (b) annually adjust the distribution of program funding using the data reported to the
 state board under Section 80-6-104; and
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        02-15-24 4:59 PM                                                    2nd Sub. (Gray) H.B. 362
         (c) establish baseline performance standards that school districts or charter schools are
 required to meet in order to receive funding under the program.
         [(3)] (4) (a) A school district or a charter school seeking program funding shall submit
 a proposal to the state board that:
         (i) describes how the school district or charter school intends to use the funds; and
         (ii) provides data related to the prevalence of crimes committed by minors within the
 school district as described in Subsection [(2)(a)(ii)] (3)(a)(ii).
         (b) The state board shall allocate funding on a per student basis to prioritized school
 districts and charter schools that submit a successful proposal under Subsection [(3)(a)] (4)(a).
         [(4)] (5) The state board may not distribute funds to a school district or a charter school
 that fails to meet performance standards described in Subsection [(2)(c)] (3)(c).
         [(5)] (6) A school district or a charter school that is awarded funds under this section
 shall submit a report to the state board that includes details on:
         (a) how the school district or the charter school used the funds; and
         (b) the school district's, or the charter school's, compliance with the performance
 standards described in Subsection [(2)(c)] (3)(c).
         Section 3. Section 53G-8-211 is amended to read:
         53G-8-211. Responses to school-based behavior.
         (1) As used in this section:
         (a) "Evidence-based" means a program or practice that [has]:
         (i) has had multiple randomized control studies or a meta-analysis demonstrating that
 the program or practice is effective for a specific population;
         (ii) has been rated as effective by a standardized program evaluation tool; or
         (iii) is created and developed by a school or school district and has been approved by
 the state board.
         (b) "Habitual truant" means a school-age child who:
         (i) is in grade 7 or above, unless the school-age child is under 12 years old;
         (ii) is subject to the requirements of Section 53G-6-202; and
         (iii) (A) is truant at least [10 times] 20 days during one school year; or
         (B) fails to cooperate with efforts on the part of school authorities to resolve the
 school-age child's attendance problem as required under Section 53G-6-206.
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        2nd Sub. (Gray) H.B. 362                                                      02-15-24 4:59 PM
           (c) "Minor" means the same as that term is defined in Section 80-1-102.
           (d) "Mobile crisis outreach team" means the same as that term is defined in Section
 62A-15-102.
           (e) "Prosecuting attorney" means the same as that term is defined in Subsections
 80-1-102(65)(b) and (c).
           (f) "Restorative justice program" means a school-based program or a program used or
 adopted by a local education agency that is designed:
           (i) to enhance school safety, reduce school suspensions, and limit referrals to law
 enforcement agencies and courts; and
           (ii) to help minors take responsibility for and repair harmful behavior that occurs in
 school.
           (g) "School administrator" means a principal of a school.
           (h) "School is in session" means a day during which the school conducts instruction for
 which student attendance is counted toward calculating average daily membership.
           (i) "School resource officer" means a law enforcement officer, as defined in Section
 53-13-103, who contracts with, is employed by, or whose law enforcement agency contracts
 with a local education agency to provide law enforcement services for the local education
 agency.
           (j) "School-age child" means the same as that term is defined in Section 53G-6-201.
           (k) (i) "School-sponsored activity" means an activity, fundraising event, club, camp,
 clinic, or other event or activity that is authorized by a specific local education agency or 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 local education agency or public school,
 or local education agency or public school employee;
           (B) the activity uses the local education agency's or public school's facilities,
 equipment, or other school resources; or
           (C) the activity is supported or subsidized, more than inc