Bill Summary – FastDemocracy

LEGISLATIVE GENERAL COUNSEL                                                  S.B. 271
Approved for Filing: J. Carlton 6
         6 02-21-24 12:30 PM 6
                                     EXPUNGEMENT CHANGES
                                         2024 GENERAL SESSION
                                              STATE OF UTAH
                                   Chief Sponsor: Todd D. Weiler
                                    House Sponsor: ____________
 6
 LONG TITLE
 General Description:
           This bill amends provisions related to expungement.
 Highlighted Provisions:
           This bill:
           < provides a timeline for a prosecuting attorney to respond to a motion to reduce a
 conviction for purposes of expungement;
           < modifies a chapter title related to expungement;
           < defines terms related to expungement;
           < clarifies provisions related to the automatic expungement and deletion of criminal
 records;
           < provides that an agency is not required to expunge records within one year for a
 case that is automatically expunged if the agency is notified that the defendant in the
 case is deceased;
           < clarifies the requirements for applying for the expungement of a criminal record;
           < clarifies provisions related to a special certificate that is issued by the Bureau of
 Criminal Identification;
           < clarifies the filing requirements for a petition for expungement;
           < addresses venue for the filing of a petition for expungement of a criminal record, an
                                                                                                         S.B. 271
 eviction record, a record of a protective order or stalking injunction, or a juvenile
 record;
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        < requires a court to notify the Bureau of Criminal Identification that an order of
 expungement for a criminal case has been issued and to provide the Bureau of
 Criminal Identification with all information needed for expungement;
        < requires a court to provide a petitioner with certified copies of an order of
 expungement;
        < addresses the expungement of criminal records when an agency has a retention
 schedule;
        < addresses the redaction of an expunged record when the record pertains to more
 than one individual;
        < addresses the opening of expunged records when the individual is charged with a
 felony or an offense eligible for enhancement;
        < clarifies the jurisdiction of the justice court over a petition for expungement;
        < moves a provision regarding removing the link between an individual's personal
 identifying information and a dismissed case regarding a protective order or stalking
 injunction from Title 77, Chapter 40a, Expungement of Criminal Records, to Title
 78B, Chapter 7, Part 10, Expungement of Protective Orders and Stalking
 Injunctions; and
        < 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:
        20A-2-101.3, as enacted by Laws of Utah 2011, Chapter 395
        41-6a-501, as last amended by Laws of Utah 2023, Chapters 328, 415
        53-3-414, as last amended by Laws of Utah 2022, Chapters 46, 116
        53-6-302, as last amended by Laws of Utah 2021, First Special Session, Chapter 13
        53-9-108, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 18
        63G-4-107, as last amended by Laws of Utah 2021, Chapters 84, 344
        76-3-402, as last amended by Laws of Utah 2023, Chapter 132
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        77-2-2.3, as renumbered and amended by Laws of Utah 2021, Chapter 260
        77-27-5.1, as last amended by Laws of Utah 2017, Chapter 356
        77-40a-101, as last amended by Laws of Utah 2023, Chapter 265
        77-40a-105, as renumbered and amended by Laws of Utah 2022, Chapter 250
        77-40a-201, as renumbered and amended by Laws of Utah 2022, Chapter 250
        77-40a-202, as renumbered and amended by Laws of Utah 2022, Chapter 250
        77-40a-203, as renumbered and amended by Laws of Utah 2022, Chapter 250
        77-40a-301, as enacted by Laws of Utah 2022, Chapter 250
        77-40a-303, as last amended by Laws of Utah 2023, Chapter 265
        77-40a-304, as last amended by Laws of Utah 2023, Chapter 265
        77-40a-305, as last amended by Laws of Utah 2023, Chapters 265, 330
        77-40a-306, as last amended by Laws of Utah 2023, Chapter 330
        77-40a-403, as last amended by Laws of Utah 2023, Chapter 265
        77-40a-404, as last amended by Laws of Utah 2023, Chapter 265
        77-41-109, as last amended by Laws of Utah 2023, Chapter 123
        78A-6-350 (Superseded 07/01/24), as renumbered and amended by Laws of Utah
 2021, Chapter 261
        78A-6-350 (Effective 07/01/24), as last amended by Laws of Utah 2023, Chapter 401
        78A-7-106, as last amended by Laws of Utah 2023, Chapter 34
        78A-7-209.5, as enacted by Laws of Utah 2022, Chapter 276
        78B-6-853, as enacted by Laws of Utah 2022, Chapter 372
        78B-7-1003, as last amended by Laws of Utah 2023, Chapters 139, 265
 ENACTS:
        77-40a-202.1, Utah Code Annotated 1953
        77-40a-202.2, Utah Code Annotated 1953
        77-40a-204, Utah Code Annotated 1953
        78B-7-1002.1, Utah Code Annotated 1953
        80-6-1001.2, Utah Code Annotated 1953
87
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 20A-2-101.3 is amended to read:
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        S.B. 271                                                                    02-21-24 12:30 PM
           20A-2-101.3. Convicted misdemeanants -- Restoration of right to vote or hold
 office.
           (1) As used in this section, "misdemeanant" means a person convicted of a
 misdemeanor for an offense under this title.
           (2) A misdemeanant's right to register to vote and to vote in an election is restored
 when the misdemeanant:
           (a) is sentenced to probation; or
           (b) has successfully completed the term of incarceration to which the misdemeanant
 was sentenced.
           (3) A misdemeanant's right to hold elective office is restored when:
           (a) the misdemeanor for an offense under this title is expunged as provided in [Title 77,
 Chapter 40a, Expungement] Title 77, Chapter 40a, Expungement of Criminal Records; or
           (b) (i) five years have passed since the date of the misdemeanant's most recent
 misdemeanor conviction of an offense under this title;
           (ii) the misdemeanant has paid all court-ordered restitution and fines; and
           (iii) for each misdemeanor conviction that has not been expunged, the misdemeanant
 has:
           (A) completed probation in relation to the misdemeanor; or
           (B) successfully completed the term of incarceration associated with the misdemeanor.
           Section 2. Section 41-6a-501 is amended to read:
           41-6a-501. Definitions.
           (1) As used in this part:
           (a) "Actual physical control" is determined by a consideration of the totality of the
 circumstances, but does not include a circumstance in which:
           (i) the person is asleep inside the vehicle;
           (ii) the person is not in the driver's seat of the vehicle;
           (iii) the engine of the vehicle is not running;
           (iv) the vehicle is lawfully parked; and
           (v) under the facts presented, it is evident that the person did not drive the vehicle to
 the location while under the influence of alcohol, a drug, or the combined influence of alcohol
 and any drug.
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         (b) "Assessment" means an in-depth clinical interview with a licensed mental health
 therapist:
         (i) used to determine if a person is in need of:
         (A) substance abuse treatment that is obtained at a substance abuse program;
         (B) an educational series; or
         (C) a combination of Subsections (1)(b)(i)(A) and (B); and
         (ii) that is approved by the Division of Integrated Healthcare in accordance with
 Section 26B-5-104.
         (c) "Driving under the influence court" means a court that is approved as a driving
 under the influence court by the Judicial Council according to standards established by the
 Judicial Council.
         (d) "Drug" or "drugs" means:
         (i) a controlled substance as defined in Section 58-37-2;
         (ii) a drug as defined in Section 58-17b-102; or
         (iii) a substance that, when knowingly, intentionally, or recklessly taken into the human
 body, can impair the ability of a person to safely operate a motor vehicle.
         (e) "Educational series" means an educational series obtained at a substance abuse
 program that is approved by the Division of Integrated Healthcare in accordance with Section
 26B-5-104.
         (f) "Negligence" means simple negligence, the failure to exercise that degree of care
 that an ordinarily reasonable and prudent person exercises under like or similar circumstances.
         (g) "Novice learner driver" means an individual who:
         (i) has applied for a Utah driver license;
         (ii) has not previously held a driver license in this state or another state; and
         (iii) has not completed the requirements for issuance of a Utah driver license.
         (h) "Screening" means a preliminary appraisal of a person:
         (i) used to determine if the person is in need of:
         (A) an assessment; or
         (B) an educational series; and
         (ii) that is approved by the Division of Integrated Healthcare in accordance with
 Section 26B-5-104.
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        (i) "Serious bodily injury" means bodily injury that creates or causes:
        (i) serious permanent disfigurement;
        (ii) protracted loss or impairment of the function of any bodily member or organ; or
        (iii) a substantial risk of death.
        (j) "Substance abuse treatment" means treatment obtained at a substance abuse
 program that is approved by the Division of Integrated Healthcare in accordance with Section
 26B-5-104.
        (k) "Substance abuse treatment program" means a state licensed substance abuse
 program.
        (l) (i) "Vehicle" or "motor vehicle" means a vehicle or motor vehicle as defined in
 Section 41-6a-102; and
        (ii) "Vehicle" or "motor vehicle" includes:
        (A) an off-highway vehicle as defined under Section 41-22-2; and
        (B) a motorboat as defined in Section 73-18-2.
        (2) As used in Sections 41-6a-502 and 41-6a-520.1:
        (a) "Conviction" means any conviction arising from a separate episode of driving for a
 violation of:
        (i) driving under the influence under Section 41-6a-502;
        (ii) (A) for an offense committed before July 1, 2008, alcohol, any drug, or a
 combination of both-related reckless driving under Sections 41-6a-512 and 41-6a-528; or
        (B) for an offense committed on or after July 1, 2008, impaired driving under Section
 41-6a-502.5;
        (iii) driving with any measurable controlled substance that is taken illegally in the body
 under Section 41-6a-517;
        (iv) local ordinances similar to Section 41-6a-502, alcohol, any drug, or a combination
 of both-related reckless driving, or impaired driving under Section 41-6a-502.5 adopted in
 compliance with Section 41-6a-510;
        (v) Section 76-5-207;
        (vi) operating a motor vehicle with any amount of a controlled substance in an
 individual's body and causing serious bodily injury or death, as codified before May 4, 2022,
 Laws of Utah 2021, Chapter 236, Section 1, Subsection 58-37-8(2)(g);
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        (vii) negligently operating a vehicle resulting in injury under Section 76-5-102.1;
        (viii) a violation described in Subsections (2)(a)(i) through (vii), which judgment of
 conviction is reduced under Section 76-3-402;
        (ix) refusal of a chemical test under Subsection 41-6a-520.1(1); or
        (x) statutes or ordinances previously in effect in this state or in effect in any other state,
 the United States, or any district, possession, or territory of the United States which would
 constitute a violation of Section 41-6a-502 or alcohol, any drug, or a combination of
 both-related reckless driving if committed in this state, including punishments administered
 under 10 U.S.C. Sec. 815.
        (b) A plea of guilty or no contest to a violation described in Subsections (2)(a)(i)
 through (x) which plea was held in abeyance under Title 77, Chapter 2a, Pleas in Abeyance,
 prior to July 1, 2008, is the equivalent of a conviction, even if the charge has been subsequently
 reduced or dismissed in accordance with the plea in abeyance agreement, for purposes of:
        (i) enhancement of penalties under this part; and
        (ii) expungement under [Title 77, Chapter 40a, Expungement] Title 77, Chapter 40a,
 Expungement of Criminal Records.
        (c) An admission to a violation of Section 41-6a-502 in juvenile court is the equivalent
 of a conviction even if the charge has been subsequently dismissed in accordance with the Utah
 Rules of Juvenile Procedure for the purposes of enhancement of penalties under:
        (i) this part;
        (ii) negligently operating a vehicle resulting in injury under Section 76-5-102.1; and
        (iii) negligently operating a vehicle resulting in death under Section 76-5-207.
        (3) As used in Section 41-6a-505, "controlled substance" does not include an inactive
 metabolite of a controlled substance.
        Section 3. Section 53-3-414 is amended to read:
        53-3-414. CDL disqualification or suspension -- Grounds and duration --
 Procedure.
        (1) (a) An individual who holds or is required to hold a CDL is disqualified from
 driving a commercial motor vehicle for a period of not less than one year effective seven days
 from the date of notice to the driver if convicted of a first offense of:
        (i) driving a motor vehicle while under the influence of alcohol, drugs, a controlled
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 substance, or more than one of these;
          (ii) driving a commercial motor vehicle while the concentration of alcohol in the
 person's blood, breath, or urine is .04 grams or more;
          (iii) leaving the scene of an accident involving a motor vehicle the person was driving;
          (iv) failing to provide reasonable assistance or identification when involved in an
 accident resulting in:
          (A) personal injury in accordance with Section 41-6a-401.3;
          (B) death in accordance with Section 41-6a-401.5; or
          (v) using a motor vehicle in the commission of a felony;
          (vi) refusal to submit to a test to determine the concentration of alcohol in the person's
 blood, breath, or urine;
          (vii) driving a commercial motor vehicle while the person's commercial driver license
 is disqualified in accordance with the provisions of this section for violating an offense
 described in this section; or
          (viii) operating a commercial motor vehicle in a negligent manner causing the death of
 another including the offenses of manslaughter under Section 76-5-205, negligent homicide
 under Section 76-5-206, or negligently operating a vehicle resulting in death under Section
 76-5-207.
          (b) The division shall subtract from any disqualification period under Subsection
 (1)(a)(i) the number of days for which a license was previously disqualified under Subsection
 (1)(a)(ii) or (14) if the previous disqualification was based on the same occurrence upon which
 the record of conviction is based.
          (2) If any of the violations under Subsection (1) occur while the driver is transporting a
 hazardous material required to be placarded, the driver is disqualified for not less than three
 years.
          (3) (a) Except as provided under Subsection (4), a driver of a motor vehicle who holds
 or is required to hold a CDL is disqualified for life from driving a commercial motor vehicle if
 convicted of or administrative action is taken for two or more of any of the offenses under
 Subsection (1), (5), or (14) arising from two or more separate incidents.
          (b) Subsection (3)(a) applies only to those offenses committed after July 1, 1989.
          (4) (a) A