LEGISLATIVE GENERAL COUNSEL S.B. 120
6 Approved for Filing: J. Carlton 6 1st Sub. (Green)
6 01-31-22 2:53 PM 6
Senator Todd D. Weiler proposes the following substitute bill:
1 JUVENILE JUSTICE AMENDMENTS
2 2022 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Todd D. Weiler
5 House Sponsor: Jon Hawkins
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions related to juvenile justice.
10 Highlighted Provisions:
11 This bill:
12 < amends provisions regarding fines imposed for proof of age violations on minors;
13 < amends provisions related to court surcharges imposed by the juvenile court;
14 < addresses the payment or reimbursement by a minor or the minor's parent or
15 guardian to an agency for the cost of obtaining a DNA specimen;
16 < modifies the duties of the Commission on Criminal and Juvenile Justice regarding
17 the statewide sliding scale for the assessment of fines and fees for minors;
18 < amends penalties for violations of buying or possessing tobacco or electronic
19 cigarette products by minors;
20 < amends provisions related to security surcharges in juvenile delinquency cases; 1st Sub. S.B. 120
21 < repeals a provision regarding payment for retrieving a juvenile court record;
22 < amends provisions regarding the payment of a fine or fee for contempt in court by a
23 child;
24 < amends provisions related to the payment of child support for a child in state
25 custody;
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26 < amends provisions related to the costs of treatment for an offender or victim;
27 < amends the definition of "compensatory service" in regards to juvenile justice;
28 < addresses outstanding balances of fines, fees, costs, and other financial obligations
29 for minors;
30 < amends provisions relating to the financial penalties for nonjudicial adjustments;
31 < provides that a juvenile probation officer may not require a minor to pay a financial
32 penalty, cost, surcharge, or fee for a nonjudicial adjustment;
33 < repeals provisions relating to the payment of a fee, fine, or other financial penalty by
34 a minor facing a delinquency proceeding in the juvenile court;
35 < provides that a juvenile court may not issue a garnishment, wage withholding, or
36 execution on a minor or the minor's parent or guardian for the collection of
37 restitution;
38 < provides that a juvenile court may not order a minor to be detained in a secure or
39 nonsecure residential placement in order to collect restitution;
40 < prohibits the juvenile court from requiring a minor or the minor's parent or guardian
41 to reimburse a reward for the minor or to pay the costs of a governmental entity
42 returning the minor to the state;
43 < prohibits the collection of a fee for youth court participation and provides that a
44 youth court is responsible for costs;
45 < prohibits the charge of a fee for a juvenile expungement;
46 < repeals a statute on payment of support and maintenance by a juvenile offender or a
47 juvenile offender's parent or legal guardian; and
48 < makes technical and conforming changes.
49 Money Appropriated in this Bill:
50 None
51 Other Special Clauses:
52 This bill provides a special effective date.
53 Utah Code Sections Affected:
54 AMENDS:
55 32B-4-411, as last amended by Laws of Utah 2021, Chapter 262
56 51-9-401, as last amended by Laws of Utah 2021, Chapter 262
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57 53-10-404, as last amended by Laws of Utah 2021, Chapter 262
58 53-10-404.5, as last amended by Laws of Utah 2014, Chapter 331
59 63M-7-208, as last amended by Laws of Utah 2021, Chapter 262
60 76-10-105, as last amended by Laws of Utah 2021, Chapter 262
61 78A-2-601, as last amended by Laws of Utah 2021, Chapter 262
62 78A-6-209, as last amended by Laws of Utah 2021, Chapter 261
63 78A-6-353, as renumbered and amended by Laws of Utah 2021, Chapter 261
64 78A-6-356, as renumbered and amended by Laws of Utah 2021, Chapter 261
65 80-3-403, as renumbered and amended by Laws of Utah 2021, Chapter 261
66 80-6-102, as enacted by Laws of Utah 2021, Chapter 261
67 80-6-304, as renumbered and amended by Laws of Utah 2021, Chapter 261
68 80-6-608, as renumbered and amended by Laws of Utah 2021, Chapter 261
69 80-6-703, as enacted by Laws of Utah 2021, Chapter 261
70 80-6-704, as enacted by Laws of Utah 2021, Chapter 261
71 80-6-705, as enacted by Laws of Utah 2021, Chapter 261
72 80-6-709, as enacted by Laws of Utah 2021, Chapter 261
73 80-6-710, as enacted by Laws of Utah 2021, Chapter 261
74 80-6-712, as enacted by Laws of Utah 2021, Chapter 261
75 80-6-906, as renumbered and amended by Laws of Utah 2021, Chapter 261
76 80-6-1007, as renumbered and amended by Laws of Utah 2021, Chapter 261
77 ENACTS:
78 80-6-104, Utah Code Annotated 1953
79 REPEALS:
80 80-6-803, as renumbered and amended by Laws of Utah 2021, Chapter 261
81
82 Be it enacted by the Legislature of the state of Utah:
83 Section 1. Section 32B-4-411 is amended to read:
84 32B-4-411. Minor's unlawful use of proof of age.
85 (1) As used in this section, "proof of age violation" means a violation by a minor of:
86 (a) Chapter 1, Part 4, Proof of Age Act; or
87 (b) if as part of the violation the minor uses a proof of age in violation of Chapter 1,
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88 Part 4, Proof of Age Act:
89 (i) Section 32B-4-409; or
90 (ii) Section 32B-4-410.
91 (2) If a court finds a minor engaged in a proof of age violation, notwithstanding the
92 penalties provided for in Subsection (1):
93 (a) (i) for a first violation, the minor is guilty of a class B misdemeanor;
94 (ii) for a second violation, the minor is guilty of a class A misdemeanor; and
95 (iii) for a third or subsequent violation, the minor is guilty of a class A misdemeanor,
96 except that the court may impose:
97 [(A) a fine of up to $5,000;]
98 [(B)] (A) screening, assessment, or substance use disorder treatment, as defined in
99 Section 41-6a-501;
100 [(C)] (B) an educational series, as defined in Section 41-6a-501;
101 [(D)] (C) alcoholic product related community service or compensatory service work
102 program hours;
103 [(E)] (D) fees for restitution and treatment costs;
104 [(F)] (E) defensive driver education courses; or
105 [(G)] (F) a combination of these penalties;
106 (b) (i) for a minor who is younger than 18 years old:
107 (A) the court may forward to the Driver License Division a record of an adjudication
108 under Section 80-6-701, for a violation under this section; and
109 (B) the provisions regarding suspension of a driver license under Section 80-6-707
110 apply; and
111 (ii) for a minor who is at least 18 years old, but younger than 21 years old:
112 (A) the court shall forward to the Driver License Division a record of conviction for a
113 violation under this section; and
114 (B) the Driver License Division shall suspend the person's license under Section
115 53-3-220; and
116 (c) notwithstanding Subsection (2)(a), if a minor is adjudicated under Section
117 80-6-701, the court may order:
118 (i) substance use disorder treatment or an educational series only if the minor has an
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119 assessed need for the intervention based on the results of a validated assessment; and
120 (ii) [a fine, fee, service hours, or costs] the minor to complete service hours in
121 accordance with Section 80-6-709.
122 (3) (a) Notwithstanding Subsection (2)(b), the court may reduce the suspension period
123 under Subsection 53-3-220(1)(e) or 80-6-707(4)(a)(ii)(A) if:
124 (i) the violation is the minor's first violation of this section; and
125 (ii) (A) the minor completes an educational series as defined in Section 41-6a-501; or
126 (B) the minor demonstrates substantial progress in substance use disorder treatment.
127 (b) Notwithstanding the requirement in Subsection (2)(b), the court may reduce the
128 suspension period under Subsection 53-3-220(1)(e) or 80-6-707(4)(a)(ii)(B) if:
129 (i) the violation is the minor's second or subsequent violation of this section;
130 (ii) the person has completed an educational series as defined in Section 41-6a-501 or
131 demonstrated substantial progress in substance use disorder treatment; and
132 (iii) (A) the person is 18 years old or older and provides a sworn statement to the court
133 that the person has not unlawfully consumed alcohol or drugs for at least a one-year
134 consecutive period during the suspension period imposed under Subsection 53-3-220(1)(e) or
135 80-6-707(4)(b)(ii)(A); or
136 (B) the minor is under 18 years old and has the minor's parent or legal guardian provide
137 an affidavit or sworn statement to the court certifying that to the parent or legal guardian's
138 knowledge the minor has not unlawfully consumed alcohol or drugs for at least a one-year
139 consecutive period during the suspension period imposed under Subsection 53-3-220(1)(e) or
140 80-6-707(4)(b)(ii)(B).
141 (4) When the Department of Public Safety receives the arrest or conviction record of an
142 individual for a driving offense committed while the individual's license is suspended pursuant
143 to this section, the Department of Public Safety shall extend the suspension for an additional
144 like period of time.
145 (5) A court may not fail to enter a judgment of conviction under this section under a
146 plea in abeyance agreement.
147 Section 2. Section 51-9-401 is amended to read:
148 51-9-401. Surcharge -- Application.
149 (1) (a) A surcharge shall be paid on all criminal fines, penalties, and forfeitures
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150 imposed by the courts.
151 (b) The surcharge shall be:
152 (i) 90% upon conviction of a:
153 (A) felony;
154 (B) class A misdemeanor;
155 (C) violation of Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless
156 Driving; or
157 (D) class B misdemeanor not classified within Title 41, Motor Vehicles, including
158 violation of comparable county or municipal ordinances; or
159 (ii) 35% upon conviction of any other offense, including violation of county or
160 municipal ordinances not subject to the 90% surcharge.
161 (c) The Division of Finance shall deposit into the General Fund an amount equal to the
162 amount that the state retains under [Section 80-6-304] Subsection 78A-6-210(1).
163 (2) The surcharge may not be imposed:
164 (a) upon nonmoving traffic violations;
165 (b) upon court orders when the offender is ordered to perform compensatory service
166 work in lieu of paying a fine; and
167 (c) by the juvenile court.
168 [(c) upon penalties assessed by the juvenile court as part of the nonjudicial adjustment
169 of a case under Section 78A-6-602.]
170 [(3) (a) The surcharge and the exceptions under Subsections (1) and (2) apply to all
171 fines, penalties, and forfeitures imposed on juveniles for conduct that would be criminal if
172 committed by an adult.]
173 [(b)] (3) Notwithstanding Subsection [(3)(a)] (2)(c), the surcharge does not include
174 amounts assessed or collected separately by juvenile courts for the Juvenile Restitution
175 Account, which is independent of this part and does not affect the imposition or collection of
176 the surcharge.
177 (4) The surcharge under this section shall be imposed in addition to the fine charged
178 for a civil or criminal offense, and no reduction may be made in the fine charged due to the
179 surcharge imposition.
180 (5) Fees, assessments, and surcharges related to criminal or traffic offenses shall be
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181 authorized and managed by this part rather than attached to particular offenses.
182 Section 3. Section 53-10-404 is amended to read:
183 53-10-404. DNA specimen analysis -- Requirement to obtain the specimen.
184 (1) As used in this section, "person" [refers to any person as described under Section
185 53-10-403] means any person described in Subsection 53-10-403(1).
186 (2) (a) [A person under Section 53-10-403] A person described in Subsection
187 53-10-403(1), or any person required to register as a sex offender under Title 77, Chapter 41,
188 Sex and Kidnap Offender Registry, shall:
189 (i) provide a DNA specimen [and shall]; and
190 (ii) reimburse the agency responsible for obtaining the DNA specimen $150 for the
191 cost of obtaining the DNA specimen [unless]:
192 [(i)] (A) unless the person was booked under Section 53-10-403 and is not required to
193 reimburse the agency under Section 53-10-404.5; [or]
194 [(ii)] (B) unless the agency determines the person lacks the ability to pay[.]; or
195 (C) except as provided in Subsection (2)(c).
196 (b) (i) (A) The responsible agencies shall establish guidelines and procedures for
197 determining if the person is able to pay the fee.
198 (B) An agency's implementation of Subsection (2)(b)(i) meets an agency's obligation to
199 determine an inmate's ability to pay.
200 (ii) An agency's guidelines and procedures may:
201 (A) provide for the assessment of $150 on the inmate's county trust fund account [and
202 may]; and
203 (B) allow a negative balance in the account until the $150 is paid in full.
204 (c) A minor described in Subsection 58-10-403(3) or the minor's parent or legal
205 guardian may not be required to pay or reimburse the agency responsible for obtaining a DNA
206 specimen from the minor.
207 (3) (a) (i) All fees collected under Subsection (2) shall be deposited in the DNA
208 Specimen Restricted Account created in Section 53-10-407, except that the agency collecting
209 the fee may retain not more than $25 per individual specimen for the costs of obtaining the
210 saliva DNA specimen.
211 (ii) The agency collecting the $150 fee may not retain from each separate fee more than
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212 $25, and no amount of the $150 fee may be credited to any other fee or agency obligation.
213 (b) (i) The responsible agency shall determine the method of collecting the DNA
214 specimen.
215 (ii) Unless the responsible agency determines there are substantial reasons for using a
216 different method of collection or the person refuses to cooperate with the collection, the
217 preferred method of collection shall be obtaining a saliva specimen.
218 (c) The responsible agency may use reasonable force, as established by [its] the
219 agency's guidelines and procedures, to collect the DNA sample if the person refuses to
220 cooperate with the collection.
221 (d) If the judgment places the person on probation, the person shall submit to the
222 obtaining of a DNA specimen as a condition of the probation.
223 (e) (i) Under this section a person is required to:
224 (A) provide one DNA specimen; and
225 (B) except as provided in Subsection (2)(c), pay the collection fee as required under
226 this section.
227 (ii) The person shall provide an additional DNA specimen only if the DNA specimen
228 previously provided is not adequate for analysis.
229 (iii) The collection fee is not imposed for a second or subsequent DNA specimen
230 collected under this section.
231 (f) Any agency that is authorized to obtain a DNA specimen under this part may collect
232 any outstanding amount of a fee due under this section from any person who owes any portion
233 of the fee and deposit the amount in the DNA Specimen Restricted Account created in Section
234 53-10-407.
235 (4) (a) The responsible agency shall cause a DNA specimen to be obtained as soon as
236 possible and transferred to the Department of Public Safety:
237 (i) after a conviction or a finding of jurisdiction by the juvenile court;
238 (ii) on and after January 1, 2011, through December 31, 2014, after the booking of a
239 person for any offense under Subsection 53-10-403(1)(c); and
240 (iii) on and after January 1, 2015, after the booking of a person for any felony offense,
241 as provided under Subsection 53-10-403(1)