Bill Summary – FastDemocracy

Enrolled Copy                                                                       H.B. 60
                          JUVENILE JUSTICE MODIFICATIONS
                                      2023 GENERAL SESSION
                                           STATE OF UTAH
                               Chief Sponsor: Cheryl K. Acton
                                 Senate Sponsor: Luz Escamilla
 Cosponsors:                          Karen M. Peterson
 Dan N. Johnson Ryan D. Wilcox Karianne Lisonbee
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 LONG TITLE
 General Description:
        This bill amends provisions related to juvenile justice.
 Highlighted Provisions:
        This bill:
        < addresses the use of juvenile delinquency records by public and private employers;
        < requires the State Board of Education to include information about dangerous
 weapons in an annual report on school discipline and law enforcement action;
        < modifies a reporting requirement regarding a minor found with a dangerous weapon
 on school grounds;
        < modifies the jurisdiction of the juvenile court;
        < amends provisions related to the inspection of juvenile records when a minor who is
 14 years old or older is charged with a felony offense;
        < defines terms related to juvenile records;
        < amends and clarifies provisions regarding the vacatur of an adjudication in the
 juvenile court;
        < clarifies the release of certain juvenile records;
        < amends provisions regarding a petition for expungement of a juvenile court record
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 with an adjudication, including the notice and hearing requirements for the petition;
        < allows for a petition for expungement of a juvenile court record consisting of
 nonjudicial adjustments;
        < allows for a petition for expungement of a juvenile court record consisting of
 records of arrest, investigation, detention, and delinquency petitions;
        < allows for a petition for expungement of records regarding a petition where the
 allegations of delinquency were found to be not true;
        < allows for the automatic expungement of a successful nonjudicial adjustment
 completed on or after October 1, 2023;
        < provides the requirements for expunging juvenile records;
        < addresses the distribution of an expungement order;
        < addresses agency duties regarding expungement orders;
        < addresses records in the custody of the Board of Pardons and Parole, the
 Department of Corrections, or the Division of Child and Family Services;
        < addresses the effect of an expungement order;
        < provides that certain individuals may view or inspect expunged juvenile records;
        < repeals statutes related to the expungement of juvenile records; 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:
        34-52-201, as last amended by Laws of Utah 2022, Chapter 447
        34-52-301, as enacted by Laws of Utah 2019, Chapter 371
        53E-3-516, as last amended by Laws of Utah 2022, Chapter 399
        53G-8-510, as renumbered and amended by Laws of Utah 2018, Chapter 3
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        62A-5-308, as last amended by Laws of Utah 2021, Chapter 261
        77-38-14, as last amended by Laws of Utah 2021, Chapter 262
        78A-6-103, as last amended by Laws of Utah 2022, Chapters 155, 335
        78A-6-209, as last amended by Laws of Utah 2022, Chapters 335, 430
        78A-6-358, as renumbered and amended by Laws of Utah 2021, Chapter 261
        78B-6-105, as last amended by Laws of Utah 2021, Chapter 261
        80-6-1001, as renumbered and amended by Laws of Utah 2021, Chapter 261
        80-6-1002, as last amended by Laws of Utah 2022, Chapter 334
 ENACTS:
        80-6-1004.1, Utah Code Annotated 1953
        80-6-1004.2, Utah Code Annotated 1953
        80-6-1004.3, Utah Code Annotated 1953
        80-6-1004.4, Utah Code Annotated 1953
        80-6-1004.5, Utah Code Annotated 1953
        80-6-1006.1, Utah Code Annotated 1953
 RENUMBERS AND AMENDS:
        80-6-1001.1, (Renumbered from 80-6-1003, as enacted by Laws of Utah 2021, Chapter
 261)
 REPEALS:
        80-6-1004, as last amended by Laws of Utah 2022, Chapter 334
        80-6-1005, as renumbered and amended by Laws of Utah 2021, Chapter 261
        80-6-1006, as renumbered and amended by Laws of Utah 2021, Chapter 261
77
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 34-52-201 is amended to read:
        34-52-201. Public employer requirements.
        (1) A public employer may not exclude an applicant from an initial interview because
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 of a past criminal conviction or juvenile delinquency adjudication.
        (2) A public employer excludes an applicant from an initial interview if the public
 employer:
        (a) requires an applicant to disclose, on an employment application, a criminal
 conviction or juvenile delinquency adjudication;
        (b) requires an applicant to disclose, before an initial interview, a criminal conviction
 or juvenile delinquency adjudication; or
        (c) if no interview is conducted, requires an applicant to disclose, before making a
 conditional offer of employment, a criminal conviction or juvenile delinquency adjudication.
        (3) (a) A public employer may not make any inquiry related to an applicant's expunged
 criminal or juvenile delinquency history.
        (b) An applicant seeking employment from a public employer may answer a question
 related to an expunged criminal or juvenile delinquency record as though the action underlying
 the expunged criminal or juvenile delinquency record never occurred.
        (4) Subject to Subsections (1) through (3), nothing in this section prevents a public
 employer from:
        (a) asking an applicant for information about an applicant's criminal conviction or
 juvenile delinquency history during an initial interview or after an initial interview; or
        (b) considering an applicant's conviction or juvenile delinquency history when making
 a hiring decision.
        (5) Subsections (1) through (3) do not apply:
        (a) to an applicant with a criminal conviction if federal, state, or local law, including
 corresponding administrative rules, requires the consideration of [an] the applicant's criminal
 conviction history;
        (b) to a public employer that is a law enforcement agency;
        (c) to a public employer that is part of the criminal or juvenile justice system;
        (d) to a public employer seeking a nonemployee volunteer;
        (e) to a public employer that works with children or vulnerable adults;
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        Enrolled Copy                                                                             H.B. 60
        (f) to the Department of Alcoholic Beverage Services created in Section 32B-2-203;
        (g) to the State Tax Commission;
        (h) to a public employer whose primary purpose is performing financial or fiduciary
 functions; and
        (i) to a public transit district hiring or promoting an individual for a safety sensitive
 position described in Section 17B-2a-825.
        Section 2. Section 34-52-301 is amended to read:
        34-52-301. Permitted applicant response regarding expunged criminal or juvenile
 delinquency history.
        An applicant seeking employment from a private employer may answer a question
 related to an expunged criminal or juvenile delinquency record as though the action underlying
 the expunged criminal or juvenile delinquency record never occurred.
        Section 3. 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)] (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.
        [(b)] (c) "Law enforcement agency" means the same as that term is defined in Section
 77-7a-103.
        [(c)] (d) "Minor" means the same as that term is defined in Section [53G-6-201]
 80-1-102.
        [(d)] (e) "Other law enforcement activity" means a significant law enforcement
 interaction with a minor that does not result in an arrest, including:
        (i) a search and seizure by an SRO;
        (ii) issuance of a criminal citation;
        (iii) issuance of a ticket or summons;
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        (iv) filing a delinquency petition; or
        (v) referral to a probation officer.
        [(e)] (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.
        [(f)] (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.
        [(g)] (h) "[Student] 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; [and]
        (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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        Enrolled Copy                                                                              H.B. 60
         (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; [and]
         (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
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 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) in accordance
 with Section 53E-1-203 for incidents that occurred during the previous school year.
        Section 4. Section 53G-8-510 is amended to read:
        53G-8-510. Notification of dangerous weapons on school grounds -- Immunity
 from civil and criminal liability.
        (1) As used in this section:
        (a) "Dangerous weapon" means 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) "Minor" means the same as that term is defined in Section 80-1-102.
        (c) "School employee" means an individual working in the individual's capacity as:
        (i) a school teacher;
        (ii) a school staff member;
        (iii) a school administrator; or
        (iv) an individual:
        (A) who is employed, directly or indirectly, by a school, an LEA governing board, or a
 school district; and
        (B) who works on a school campus.
        (d) "School is in session" means the same as that term is defined in Section 53E-3-516.
        (e) "School-sponsored activity" means the same as that term is defined in Section
 53E-3-516.
        (2) If a minor is found on school grounds when school is in session or at a
 school-sponsored activity in possession of a dangerous weapon and that information is reported
 to, or known by, a school employee, the school employee shall notify the principal.
        (3) After receiving a notification under Subsection (2), the principal shall notify:
        (a) a law enforcement officer or agency; and
        (b) school or district personnel if the principal determines that school or district
 personnel should be informed.
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        Enrolled Copy                                                                            H.B. 60
        [(1) Whenever a student is found on school property during school hours or at a
 school-sponsored activity in possession of a dangerous weapon and that information is reported
 to or known by the principal, the principal shall notify law enforcement personnel and school
 or district personnel who, in the opinion of the principal, should be informed.]
        [(2)] (4) A person who in good faith reports information under Subsection [(1)] (2) or
 (3) and any person who receives the information is immune from any liability, civil or criminal,
 that might otherwise result from the reporting or receipt of the information.
        Section 5. Section 62A-5-308 is amended to read:
        62A-5-308. Commitment -- Individual who is under 18 years old.
        (1) The director of the division, or the director's designee, may commit an individual
 under 18 years old who has an intellectual disability or symptoms of an intellectual disability,
 to the division for observation, diagnosis, care, and treatment if that commitment is based on:
        (a) an emergency commitment in accordance with Section 62A-5-311; or
        (b) involuntary commitment in accordance with Section 62A-5-312.
        (2) A proceeding for involuntary commitment under Subsection (1)(a) may be
 commenced by filing a written petition with the juvenile court under Section 62A-5-312.
        (3) (a) A juvenile court has jurisdiction over the proceeding under Subsection (2) as
 described in Subsection [78A-6-103(2)(f)] 78A-6-103(2)(a)(vi).
        (b) A juvenile court shall proceed with the written petition in the same manner and
 with the same authority as the district court.
        (4) If an individual who is under 18 years old is committed to the custody of the Utah
 State Developmental Center by the juvenile court, the director or the director's designee shall
 give the juvenile court written notice of the intention to release the in