Bill Summary – FastDemocracy

Enrolled Copy                                                                           H.B. 262
                         JUVENILE DELINQUENCY AMENDMENTS
                                        2020 GENERAL SESSION
                                             STATE OF UTAH
                                     Chief Sponsor: Craig Hall
                                    Senate Sponsor: Todd Weiler
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 LONG TITLE
 General Description:
          This bill amends provisions relating to juvenile delinquency.
 Highlighted Provisions:
          This bill:
          < modifies the definition of a youth offender in the custody of the Division of Juvenile
 Justice Services;
          < adds a definition for a referral to a juvenile court for a nonjudicial adjustment;
          < clarifies and amends the referral, citation, and petition process for the juvenile
 court;
          < prohibits the prosecution of an individual for offenses that occurred before the
 individual was 12 years old with exceptions;
          < 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:
          17-18a-404, as last amended by Laws of Utah 2017, Chapter 330
          76-10-105 (Superseded 07/01/20), as last amended by Laws of Utah 2018, Chapter 415
          76-10-105 (Effective 07/01/20), as last amended by Laws of Utah 2019, Chapter 232
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        78A-6-105, as last amended by Laws of Utah 2019, Chapters 335 and 388
        78A-6-113, as last amended by Laws of Utah 2018, Chapter 285
        78A-6-116, as last amended by Laws of Utah 2010, Chapter 38
        78A-6-210, as last amended by Laws of Utah 2018, Chapter 117
        78A-6-601, as last amended by Laws of Utah 2010, Chapter 38
        78A-6-602, as last amended by Laws of Utah 2018, Chapters 117 and 415
        78A-6-603, as last amended by Laws of Utah 2018, Chapters 117 and 415
        78A-6-703, as last amended by Laws of Utah 2019, Chapter 326
        78A-7-106, as last amended by Laws of Utah 2019, Chapter 136
 ENACTS:
        78A-6-602.5, Utah Code Annotated 1953
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 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 17-18a-404 is amended to read:
        17-18a-404. Juvenile proceedings.
        For a proceeding involving a charge of juvenile delinquency, infraction, or a status
 offense, a prosecutor shall:
        (1) review cases [pursuant to Section] in accordance with Sections 78A-6-602,
 78A-6-602.5, and 78A-6-603; and
        (2) appear and prosecute for the state in the juvenile court of the county.
        Section 2. Section 76-10-105 (Superseded 07/01/20) is amended to read:
        76-10-105 (Superseded 07/01/20). Buying or possessing a cigar, cigarette,
 electronic cigarette, or tobacco by a minor -- Penalty -- Compliance officer authority.
        (1) Any 18 year old person who buys or attempts to buy, accepts, or has in the person's
 possession any cigar, cigarette, electronic cigarette, or tobacco in any form is guilty of a class C
 misdemeanor and subject to:
        (a) a minimum fine or penalty of $60; and
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        (b) participation in a court-approved tobacco education program, which may include a
 participation fee.
        (2) Any person under the age of 18 who buys or attempts to buy, accepts, or has in the
 person's possession any cigar, cigarette, electronic cigarette, or tobacco in any form is subject
 to [the jurisdiction of the juvenile court and subject to Section 78A-6-602] a citation under
 Section 78A-6-603, unless the violation is committed on school property. If a violation under
 this section is adjudicated under Section 78A-6-117, the minor may be subject to the following:
        (a) a fine or penalty, in accordance with Section 78A-6-117; and
        (b) participation in a court-approved tobacco education program, which may include a
 participation fee.
        (3) A compliance officer appointed by a board of education under Section 53G-4-402
 may not issue a citation for a violation of this section committed on school property. A cited
 violation committed on school property shall be addressed in accordance with Section
 53G-8-211.
        Section 3. Section 76-10-105 (Effective 07/01/20) is amended to read:
        76-10-105 (Effective 07/01/20). Buying or possessing a cigar, cigarette, electronic
 cigarette, or tobacco by a minor -- Penalty -- Compliance officer authority.
        (1) (a) An individual who is 18 years old or older, but younger than the age specified in
 Subsection (1)(b), and buys or attempts to buy, accepts, or has in the individual's possession
 any cigar, cigarette, electronic cigarette, or tobacco in any form is guilty of an infraction and
 subject to:
        (i) a minimum fine or penalty of $60; and
        (ii) participation in a court-approved tobacco education or cessation program, which
 may include a participation fee.
        (b) For purposes of Subsection (1)(a), the individual is younger than:
        (i) beginning July 1, 2020, and ending June 30, 2021, 20 years old; and
        (ii) beginning July 1, 2021, 21 years old.
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        (2) An individual under [the age of] 18 years old who buys or attempts to buy, accepts,
 or has in the individual's possession any cigar, cigarette, electronic cigarette, or tobacco in any
 form is subject to [the jurisdiction of the juvenile court and subject to Section 78A-6-602] a
 citation under Section 78A-6-603, unless the violation is committed on school property. If a
 violation under this section is adjudicated under Section 78A-6-117, the minor may be subject
 to the following:
        (a) a fine or penalty, in accordance with Section 78A-6-117; and
        (b) participation in a court-approved tobacco education program, which may include a
 participation fee.
        (3) A compliance officer appointed by a board of education under Section 53G-4-402
 may not issue a citation for a violation of this section committed on school property. A cited
 violation committed on school property shall be addressed in accordance with Section
 53G-8-211.
        (4) (a) This section does not apply to the purchase or possession of a cigar, cigarette,
 electronic cigarette, tobacco, or tobacco paraphernalia by an individual who is 18 years old or
 older and is:
        (i) on active duty in the United States Armed Forces; or
        (ii) a spouse or dependent of an individual who is on active duty in the United States
 Armed Forces.
        (b) A valid, government-issued military identification card is required to verify proof
 of age under Subsection (4)(a).
        Section 4. Section 78A-6-105 is amended to read:
        78A-6-105. Definitions.
        As used in this chapter:
        (1) (a) "Abuse" means:
        (i) (A) nonaccidental harm of a child;
        (B) threatened harm of a child;
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          (C) sexual exploitation;
          (D) sexual abuse; or
          (E) human trafficking of a child in violation of Section 76-5-308.5; or
          (ii) that a child's natural parent:
          (A) intentionally, knowingly, or recklessly causes the death of another parent of the
 child;
          (B) is identified by a law enforcement agency as the primary suspect in an investigation
 for intentionally, knowingly, or recklessly causing the death of another parent of the child; or
          (C) is being prosecuted for or has been convicted of intentionally, knowingly, or
 recklessly causing the death of another parent of the child.
          (b) "Abuse" does not include:
          (i) reasonable discipline or management of a child, including withholding privileges;
          (ii) conduct described in Section 76-2-401; or
          (iii) the use of reasonable and necessary physical restraint or force on a child:
          (A) in self-defense;
          (B) in defense of others;
          (C) to protect the child; or
          (D) to remove a weapon in the possession of a child for any of the reasons described in
 Subsections (1)(b)(iii)(A) through (C).
          (2) "Abused child" means a child who has been subjected to abuse.
          (3) (a) "Adjudication" means a finding by the court, incorporated in a decree, that the
 facts alleged in the petition have been proved. [A]
          (b) "Adjudication" does not mean a finding of not competent to proceed [pursuant to]
 in accordance with Section 78A-6-1302 [is not an adjudication].
          (4) (a) "Adult" means an individual [18 years of age or over, except that an individual
 18 years or over under] who is 18 years old or older.
          (b) "Adult" does not include an individual who is 18 years old or older and under the
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 continuing jurisdiction of the juvenile court [pursuant to] in accordance with Section
 78A-6-120 [shall be referred to as a minor].
        (5) "Board" means the Board of Juvenile Court Judges.
        (6) "Child" means an individual under 18 years [of age] old.
        (7) "Child placement agency" means:
        (a) a private agency licensed to receive a child for placement or adoption under this
 code; or
        (b) a private agency that receives a child for placement or adoption in another state,
 which agency is licensed or approved where such license or approval is required by law.
        (8) "Clandestine laboratory operation" means the same as that term is defined in
 Section 58-37d-3.
        (9) "Commit" means, unless specified otherwise:
        (a) with respect to a child, to transfer legal custody; and
        (b) with respect to a minor who is at least 18 years [of age] old, to transfer custody.
        (10) "Court" means the juvenile court.
        (11) "Criminogenic risk factors" means evidence-based factors that are associated with
 a minor's likelihood of reoffending.
        (12) "Delinquent act" means an act that would constitute a felony or misdemeanor if
 committed by an adult.
        (13) "Department" means the Department of Human Services created in Section
 62A-1-102.
        (14) "Dependent child" includes a child who is homeless or without proper care
 through no fault of the child's parent, guardian, or custodian.
        (15) "Deprivation of custody" means transfer of legal custody by the court from a
 parent or the parents or a previous legal custodian to another person, agency, or institution.
        (16) "Detention" means home detention and secure detention as defined in Section
 62A-7-101 for the temporary care of a minor who requires secure custody in a physically
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        Enrolled Copy                                                                           H.B. 262
 restricting facility:
         (a) pending court disposition or transfer to another jurisdiction; or
         (b) while under the continuing jurisdiction of the court.
         (17) "Detention risk assessment tool" means an evidence-based tool established under
 Section 78A-6-124, on and after July 1, 2018, that assesses a minor's risk of failing to appear in
 court or reoffending pre-adjudication and designed to assist in making detention
 determinations.
         (18) "Developmental immaturity" means incomplete development in one or more
 domains which manifests as a functional limitation in the minor's present ability to consult with
 counsel with a reasonable degree of rational understanding and have a rational as well as
 factual understanding of the proceedings.
         (19) "Division" means the Division of Child and Family Services.
         (20) "Educational neglect" means that, after receiving a notice of compulsory education
 violation under Section 53G-6-202, the parent or guardian fails to make a good faith effort to
 ensure that the child receives an appropriate education.
         (21) "Evidence-based" means a program or practice that has had multiple randomized
 control studies or a meta-analysis demonstrating that the program or practice is effective for a
 specific population or has been rated as effective by a standardized program evaluation tool.
         (22) "Forensic evaluator" means the same as that term is defined in Section 77-15-2.
         (23) "Formal probation" means a minor is under field supervision by the probation
 department or other agency designated by the court and subject to return to the court in
 accordance with Section 78A-6-123 on and after July 1, 2018.
         (24) "Formal referral" means a written report from a peace officer or other person
 informing the court that a minor is or appears to be within the court's jurisdiction and that [a]
 the minor's case must be reviewed by the court's probation department or a prosecuting
 attorney.
         (25) "Group rehabilitation therapy" means psychological and social counseling of one
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 or more individuals in the group, depending upon the recommendation of the therapist.
         (26) "Guardianship of the person" includes the authority to consent to:
         (a) marriage;
         (b) enlistment in the armed forces;
         (c) major medical, surgical, or psychiatric treatment; or
         (d) legal custody, if legal custody is not vested in another individual, agency, or
 institution.
         (27) "Habitual truant" means the same as that term is defined in Section 53G-6-201.
         (28) "Harm" means:
         (a) physical or developmental injury or damage;
         (b) emotional damage that results in a serious impairment in the child's growth,
 development, behavior, or psychological functioning;
         (c) sexual abuse; or
         (d) sexual exploitation.
         (29) (a) "Incest" means engaging in sexual intercourse with an individual whom the
 perpetrator knows to be the perpetrator's ancestor, descendant, brother, sister, uncle, aunt,
 nephew, niece, or first cousin.
         (b) The relationships described in Subsection (29)(a) include:
         (i) blood relationships of the whole or half blood, without regard to legitimacy;
         (ii) relationships of parent and child by adoption; and
         (iii) relationships of stepparent and stepchild while the marriage creating the
 relationship of a stepparent and stepchild exists.
         (30) "Intake probation" means a period of court monitoring that does not include field
 supervision, but is overseen by a juvenile probation officer, during which a minor is subject to
 return to the court in accordance with Section 78A-6-123 on and after July 1, 2018.
         (31) "Intellectual disability" means a significant subaverage general intellectual
 functioning existing concurrently with deficits in adaptive behavior that constitutes a
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        Enrolled Copy                                                                             H.B. 262
 substantial limitation to the individual's ability to function in society.
         (32) "Legal custody" means a relationship embodying the following rights and duties:
         (a) the right to physical custody of the minor;
         (b) the right and duty to protect, train, and discipline the minor;
         (c) the duty to provide the minor with food, clothing, shelter, education, and ordinary
 medical care;
         (d) the right to determine where and with whom the minor shall live; and
         (e) the right, in an emergency, to authorize surgery or other extraordinary care.
         (33) "Material loss" means an uninsured:
         (a) property loss;
         (b) out-of-pocket monetary loss;
         (c) lost wages; or
         (d) medical [expenses] expense.
         (34) "Mental illness" means:
         (a) a psychiatric disorder that substantially impairs an individual's mental, emotional,
 behavioral, or related functioning; or
         (b) the same as that term is defined in:
         (i) the current edition of the Diagnostic and Statistical Manual of Mental Disorders
 published by the American Psychiatric Association; or
         (ii) the current edition of the International Statistical Classification of Diseases and
 Related Health Problems.
         (35) "Minor" means:
         (a) a child; or
         (b) an individual who is:
         (i) at least 18 years [of age] old and younger than 21 years [of age] old; and