Bill Summary – FastDemocracy

Enrolled Copy                                                                       H.B. 156
                SEX AND KIDNAP OFFENDER REGISTRY AND CHILD
                  ABUSE OFFENDER REGISTRY ADMINISTRATION
                                           AMENDMENTS
                                      2023 GENERAL SESSION
                                           STATE OF UTAH
                              Chief Sponsor: Andrew Stoddard
                               Senate Sponsor: Stephanie Pitcher
 Cosponsor:
 Ryan D. Wilcox
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 LONG TITLE
 General Description:
        This bill addresses the administration of the Sex and Kidnap Offender Registry and the
 Child Abuse Offender Registry.
 Highlighted Provisions:
        This bill:
        < moves the administration of the Sex and Kidnap Registry and the Child Abuse
 Offender Registry from the Department of Corrections to the Department of Public
 Safety; 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:
        77-41-102, as last amended by Laws of Utah 2022, Chapters 185, 430
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        77-41-103, as last amended by Laws of Utah 2018, Chapter 281
        77-41-104, as last amended by Laws of Utah 2019, Chapter 382
        77-41-111, as enacted by Laws of Utah 2012, Chapter 145
        77-41-112, as last amended by Laws of Utah 2021, Chapters 262, 334 and 410 and last
 amended by Coordination Clause, Laws of Utah 2021, Chapter 334
        77-43-102, as last amended by Laws of Utah 2022, Chapter 430
        77-43-104, as enacted by Laws of Utah 2017, Chapter 282
        77-43-109, as enacted by Laws of Utah 2017, Chapter 282
36
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 77-41-102 is amended to read:
        77-41-102. Definitions.
        As used in this chapter:
        (1) "Bureau" means the Bureau of Criminal Identification of the Department of Public
 Safety established in section 53-10-201.
        (2) "Business day" means a day on which state offices are open for regular business.
        (3) "Certificate of eligibility" means a document issued by the Bureau of Criminal
 Identification showing that the offender has met the requirements of Section 77-41-112.
        (4) "Department" means the Department of [Corrections] Public Safety.
        (5) "Division" means the Division of Juvenile Justice Services.
        (6) "Employed" or "carries on a vocation" includes employment that is full time or part
 time, whether financially compensated, volunteered, or for the purpose of government or
 educational benefit.
        (7) "Indian Country" means:
        (a) all land within the limits of any Indian reservation under the jurisdiction of the
 United States government, regardless of the issuance of any patent, and includes rights-of-way
 running through the reservation;
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        (b) all dependent Indian communities within the borders of the United States whether
 within the original or subsequently acquired territory, and whether or not within the limits of a
 state; and
        (c) all Indian allotments, including the Indian allotments to which the Indian titles have
 not been extinguished, including rights-of-way running through the allotments.
        (8) "Jurisdiction" means any state, Indian Country, United States Territory, or any
 property under the jurisdiction of the United States military, Canada, the United Kingdom,
 Australia, or New Zealand.
        (9) "Kidnap offender" means any individual, other than a natural parent of the victim:
        (a) who has been convicted in this state of a violation of:
        (i) Subsection 76-5-301(2)(c) or (d), kidnapping;
        (ii) Section 76-5-301.1, child kidnapping;
        (iii) Section 76-5-302, aggravated kidnapping;
        (iv) Section 76-5-308, human trafficking for labor;
        (v) Section 76-5-308.3, human smuggling;
        (vi) Section 76-5-308, human smuggling, when the individual smuggled is under 18
 years old;
        (vii) Section 76-5-308.5, human trafficking of a child for labor;
        (viii) Section 76-5-310, aggravated human trafficking;
        (ix) Section 76-5-310.1, aggravated human smuggling;
        (x) Section 76-5-311, human trafficking of a vulnerable adult for labor; or
        (xi) attempting, soliciting, or conspiring to commit any felony offense listed in
 Subsections (9)(a)(i) through (iii);
        (b) (i) who has been convicted of any crime, or an attempt, solicitation, or conspiracy
 to commit a crime in another jurisdiction, including any state, federal, or military court that is
 substantially equivalent to the offenses listed in Subsection (9)(a); and
        (ii) who is:
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          (A) a Utah resident; or
          (B) not a Utah resident, but who, in any 12-month period, is in this state for a total of
 10 or more days, regardless of whether or not the offender intends to permanently reside in this
 state;
          (c) (i) (A) who is required to register as a kidnap offender in any other jurisdiction of
 original conviction;
          (B) who is required to register as a kidnap offender by any state, federal, or military
 court; or
          (C) who would be required to register as a kidnap offender if residing in the
 jurisdiction of the conviction regardless of the date of the conviction or any previous
 registration requirements; and
          (ii) in any 12-month period, who is in this state for a total of 10 or more days,
 regardless of whether or not the offender intends to permanently reside in this state;
          (d) (i) (A) who is a nonresident regularly employed or working in this state; or
          (B) who is a student in this state; and
          (ii) (A) who was convicted of one or more offenses listed in Subsection (9), or any
 substantially equivalent offense in another jurisdiction; or
          (B) as a result of the conviction, who is required to register in the individual's state of
 residence;
          (e) who is found not guilty by reason of insanity in this state or in any other jurisdiction
 of one or more offenses listed in Subsection (9); or
          (f) (i) who is adjudicated under Section 80-6-701 for one or more offenses listed in
 Subsection (9)(a); and
          (ii) who has been committed to the division for secure care, as defined in Section
 80-1-102, for that offense and:
          (A) the individual remains in the division's custody until 30 days before the individual's
 21st birthday; or
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         (B) if the juvenile court extended the juvenile court's jurisdiction over the individual
 under Section 80-6-605, the individual remains in the division's custody until 30 days before
 the individual's 25th birthday.
         (10) "Natural parent" means a minor's biological or adoptive parent, and includes the
 minor's noncustodial parent.
         (11) "Offender" means a kidnap offender as defined in Subsection (9) or a sex offender
 as defined in Subsection (17).
         (12) "Online identifier" or "Internet identifier":
         (a) means any electronic mail, chat, instant messenger, social networking, or similar
 name used for Internet communication; and
         (b) does not include date of birth, social security number, PIN number, or Internet
 passwords.
         (13) "Primary residence" means the location where the offender regularly resides, even
 if the offender intends to move to another location or return to another location at any future
 date.
         (14) "Register" means to comply with the requirements of this chapter and
 administrative rules of the department made under this chapter.
         (15) "Registration website" means the Sex and Kidnap Offender Notification and
 Registration website described in Section 77-41-110 and the information on the website.
         (16) "Secondary residence" means any real property that the offender owns or has a
 financial interest in, or any location where, in any 12-month period, the offender stays
 overnight a total of 10 or more nights when not staying at the offender's primary residence.
         (17) "Sex offender" means any individual:
         (a) convicted in this state of:
         (i) a felony or class A misdemeanor violation of Section 76-4-401, enticing a minor;
         (ii) Section 76-5b-202, sexual exploitation of a vulnerable adult;
         (iii) Section 76-5-308.1, human trafficking for sexual exploitation;
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        (iv) Section 76-5-308.5, human trafficking of a child for sexual exploitation;
        (v) Section 76-5-310, aggravated human trafficking for sexual exploitation;
        (vi) Section 76-5-311, human trafficking of a vulnerable adult for sexual exploitation;
        (vii) Section 76-5-401, unlawful sexual activity with a minor, except as provided in
 Subsection 76-5-401(3)(b) or (c);
        (viii) Section 76-5-401.1, sexual abuse of a minor, except as provided in Subsection
 76-5-401.1(3);
        (ix) Section 76-5-401.2, unlawful sexual conduct with a 16 or 17 year old;
        (x) Section 76-5-402, rape;
        (xi) Section 76-5-402.1, rape of a child;
        (xii) Section 76-5-402.2, object rape;
        (xiii) Section 76-5-402.3, object rape of a child;
        (xiv) a felony violation of Section 76-5-403, forcible sodomy;
        (xv) Section 76-5-403.1, sodomy on a child;
        (xvi) Section 76-5-404, forcible sexual abuse;
        (xvii) Section 76-5-404.1, sexual abuse of a child, or Section 76-5-404.3, aggravated
 sexual abuse of a child;
        (xviii) Section 76-5-405, aggravated sexual assault;
        (xix) Section 76-5-412, custodial sexual relations, when the individual in custody is
 younger than 18 years old, if the offense is committed on or after May 10, 2011;
        (xx) Section 76-5b-201, sexual exploitation of a minor;
        (xxi) Section 76-5b-201.1, aggravated sexual exploitation of a minor;
        (xxii) Section 76-5b-204, sexual extortion or aggravated sexual extortion;
        (xxiii) Section 76-7-102, incest;
        (xxiv) Section 76-9-702, lewdness, if the individual has been convicted of the offense
 four or more times;
        (xxv) Section 76-9-702.1, sexual battery, if the individual has been convicted of the
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 offense four or more times;
        (xxvi) any combination of convictions of Section 76-9-702, lewdness, and of Section
 76-9-702.1, sexual battery, that total four or more convictions;
        (xxvii) Section 76-9-702.5, lewdness involving a child;
        (xxviii) a felony or class A misdemeanor violation of Section 76-9-702.7, voyeurism;
        (xxix) Section 76-10-1306, aggravated exploitation of prostitution; or
        (xxx) attempting, soliciting, or conspiring to commit any felony offense listed in this
 Subsection (17)(a);
        (b) (i) who has been convicted of any crime, or an attempt, solicitation, or conspiracy
 to commit a crime in another jurisdiction, including any state, federal, or military court that is
 substantially equivalent to the offenses listed in Subsection (17)(a); and
        (ii) who is:
        (A) a Utah resident; or
        (B) not a Utah resident, but who, in any 12-month period, is in this state for a total of
 10 or more days, regardless of whether the offender intends to permanently reside in this state;
        (c) (i) (A) who is required to register as a sex offender in any other jurisdiction of
 original conviction;
        (B) who is required to register as a sex offender by any state, federal, or military court;
 or
        (C) who would be required to register as a sex offender if residing in the jurisdiction of
 the original conviction regardless of the date of the conviction or any previous registration
 requirements; and
        (ii) who, in any 12-month period, is in the state for a total of 10 or more days,
 regardless of whether or not the offender intends to permanently reside in this state;
        (d) (i) (A) who is a nonresident regularly employed or working in this state; or
        (B) who is a student in this state; and
        (ii) (A) who was convicted of one or more offenses listed in Subsection (17)(a), or any
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 substantially equivalent offense in any jurisdiction; or
        (B) who is, as a result of the conviction, required to register in the individual's
 jurisdiction of residence;
        (e) who is found not guilty by reason of insanity in this state, or in any other
 jurisdiction of one or more offenses listed in Subsection (17)(a); or
        (f) (i) who is adjudicated under Section 80-6-701 for one or more offenses listed in
 Subsection (17)(a); and
        (ii) who has been committed to the division for secure care, as defined in Section
 80-1-102, for that offense and:
        (A) the individual remains in the division's custody until 30 days before the individual's
 21st birthday; or
        (B) if the juvenile court extended the juvenile court's jurisdiction over the individual
 under Section 80-6-605, the individual remains in the division's custody until 30 days before
 the individual's 25th birthday.
        (18) "Traffic offense" does not include a violation of Title 41, Chapter 6a, Part 5,
 Driving Under the Influence and Reckless Driving.
        (19) "Vehicle" means any motor vehicle, aircraft, or watercraft subject to registration in
 any jurisdiction.
        Section 2. Section 77-41-103 is amended to read:
        77-41-103. Department duties.
        (1) The department[, to assist in investigating kidnapping and sex-related crimes, and
 in apprehending offenders,] shall:
        (a) develop and operate a system to collect, analyze, maintain, and disseminate
 information on offenders and sex and kidnap offenses;
        (b) make information listed in Subsection 77-41-110(4) available to the public; and
        (c) share information provided by an offender under this chapter that may not be made
 available to the public under Subsection 77-41-110(4), but only:
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        (i) for the purposes under this chapter; or
        (ii) in accordance with Section 63G-2-206.
        (2) Any law enforcement agency shall, in the manner prescribed by the department,
 inform the department of:
        (a) the receipt of a report or complaint of an offense listed in Subsection 77-41-102(9)
 or (17), within three business days; and
        (b) the arrest of a person suspected of any of the offenses listed in Subsection
 77-41-102(9) or (17), within five business days.
        (3) Upon convicting a person of any of the offenses listed in Subsection 77-41-102(9)
 or (17), the convicting court shall within three business days forward a signed copy of the
 judgment and sentence to the Sex and Kidnap Offender Registry office within the [Department
 of Corrections] department.
        (4) Upon modifying, withdrawing, setting aside, vacating, or otherwise altering a
 conviction for any offense listed in Subsection 77-41-102(9) or (17), the court shall, within
 three business days, forward a signed copy of the order to the Sex and Kidnap Offender
 Registry office within the [Department of Corrections] department.
        (5) The department may intervene in any matter, including a criminal action, where the
 matter purports to affect a person's lawfully entered registration requirement.
        (6) The department shall:
        (a) provide the following additional information when available:
        (i) the crimes the offender has been convicted of or adjudicated delinquent for;
        (ii) a description of the offender's primary and secondary targets; and
        (iii) any other relevant identifying information as determined by the department;
        (b) maintain the Sex Offender and Kidnap Offender Notification and Registration
 website; and
        (c) ensure that the registration information collected regarding an offender's enrollment
 or employment at an educational institution is: