Bill Summary – FastDemocracy

Enrolled Copy                                                                         H.B. 297
                            VICTIM SERVICES AMENDMENTS
                                       2023 GENERAL SESSION
                                           STATE OF UTAH
                                Chief Sponsor: Kera Birkeland
                              Senate Sponsor: Michael K. McKell
 6
 LONG TITLE
 General Description:
        This bill modifies provisions related to certain victims of sexual crimes including an
 abortion based upon rape or incest.
 Highlighted Provisions:
        This bill:
        < creates and modifies definitions;
        < provides that a person operating a sexual assault hotline service may, when
 applicable, provide a victim of sexual assault with information on how to access
 free emergency contraception and other services;
        < requires the Department of Health and Human Services to provide to certain entities
 information about how a victim of sexual assault may access emergency
 contraception and other services;
        < requires a law enforcement officer's annual training to include training on responses
 to sexual trauma and investigations of sexual assault and sexual abuse;
        < establishes law enforcement agency policy, public information, and reporting
 requirements concerning sexual assault offenses and investigations;
        < requires the State Commission on Criminal and Juvenile Justice (commission) to
 receive, compile, and publish data concerning sexual assault offenses;
        < provides that a law enforcement agency not in compliance with sexual assault
 offense reporting requirements may not receive grants from the commission;
        < provides for a victim reparation award for a victim of sexual assault who becomes
 pregnant from the sexual assault, health care for the victim during the duration of
       H.B. 297                                                                        Enrolled Copy
 the victim's pregnancy and for the victim and the victim's child for one year after the child is
 born;
           < restricts an abortion based upon rape or incest to a pregnancy in which the unborn
 child has not reached 18 weeks gestational age;
           < amends verification and reporting procedures for abortions based upon rape or
 incest;
           < requires the department to receive, compile, and create a report concerning certain
 information regarding abortions based upon rape or incest and provide the report to
 the Health and Human Services Interim Committee; and
           < makes technical and conforming changes.
 Money Appropriated in this Bill:
           This bill appropriates in fiscal year 2024:
           < to Department of Public Safety - Peace Officer Standards and Training, as a
 One-time appropriation:
              C   from the General Fund, One-time, $10,000.
 Other Special Clauses:
           None
 Utah Code Sections Affected:
 AMENDS:
           53-6-202, as last amended by Laws of Utah 2021, First Special Session, Chapter 1
           53-10-908, as renumbered and amended by Laws of Utah 2022, Chapter 430
           63A-16-1002, as enacted by Laws of Utah 2022, Chapter 390 and last amended by
 Coordination Clause, Laws of Utah 2022, Chapter 390
           63M-7-204, as last amended by Laws of Utah 2022, Chapter 187
           63M-7-218, as enacted by Laws of Utah 2022, Chapter 390 and last amended by
 Coordination Clause, Laws of Utah 2022, Chapter 390
           63M-7-511, as last amended by Laws of Utah 2020, Chapter 149
           76-7-302, as last amended by Laws of Utah 2022, Chapter 335
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       Enrolled Copy                                                                            H.B. 297
         76-7-302.5, as enacted by Laws of Utah 2019, Chapter 208
         76-7-313, as last amended by Laws of Utah 2019, Chapters 124, 208
         76-7a-101, as last amended by Laws of Utah 2021, Chapter 262
         76-7a-201, as enacted by Laws of Utah 2020, Chapter 279
 ENACTS:
         26-21b-202, Utah Code Annotated 1953
         53-22-101, Utah Code Annotated 1953
         53-22-102, Utah Code Annotated 1953
         53-22-103, Utah Code Annotated 1953
67
 Be it enacted by the Legislature of the state of Utah:
         Section 1. Section 26-21b-202 is enacted to read:
         26-21b-202. Sexual assault hotline service -- Emergency contraception access.
         (1) As used in this section, "sexual assault hotline service" means a telephone hotline,
 online chat hotline, or similar method of communication that provides information or
 counseling services for a victim of sexual assault.
         (2) A person who operates a sexual assault hotline service available to a resident of this
 state shall create and maintain a policy that encourages the sexual assault hotline service to
 provide, when applicable, a victim of sexual assault with information on how to access:
         (a) free emergency contraception;
         (b) law enforcement; and
         (c) medical and mental health services.
         (3) The department shall provide information about how a victim of sexual assault may
 access free emergency contraception and other medical and mental health services to:
         (a) victims of sexual assault;
         (b) sexual assault hotline services that are available to residents of this state; and
         (c) other providers who provide sexual assault support services to victims of sexual
 assault in this state.
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        H.B. 297                                                                        Enrolled Copy
        (4) The department may adopt rules in accordance with Title 63G, Chapter 3, Utah
 Administrative Rulemaking Act, to carry out the provisions of Subsection (3).
        Section 2. Section 53-6-202 is amended to read:
        53-6-202. Basic training course -- Completion required -- Annual training --
 Prohibition from exercising powers -- Reinstatement.
        (1) (a) The director shall:
        (i) (A) suggest and prepare subject material; and
        (B) schedule instructors for basic training courses; or
        (ii) review the material and instructor choices submitted by a certified academy.
        (b) The subject material, instructors, and schedules shall be approved or disapproved
 by a majority vote of the council.
        (2) The materials shall be reviewed and approved by the council on or before July 1st
 of each year and may from time to time be changed or amended by majority vote of the council.
        (3) The basic training in a certified academy:
        (a) shall be appropriate for the basic training of peace officers in the techniques of law
 enforcement in the discretion of the director; and
        (b) may not include the use of chokeholds, carotid restraints, or any act that impedes
 the breathing or circulation of blood likely to produce a loss of consciousness, as a valid
 method of restraint.
        (4) (a) All peace officers shall satisfactorily complete the basic training course or the
 waiver process provided for in this chapter as well as annual certified training of not less than
 40 hours as the director, with the advice and consent of the council, directs.
        (b) A peace officer who fails to satisfactorily complete the annual training shall
 automatically be prohibited from exercising peace officer powers until any deficiency is made
 up.
        (c) (i) Beginning July 1, 2021, the annual training shall include no less than 16 hours of
 training focused on mental health and other crisis intervention responses, arrest control, and
 de-escalation training.
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        Enrolled Copy                                                                          H.B. 297
         (ii) Standards for the training shall be determined by each law enforcement agency or
 department and approved by the director or designee.
         (iii) Each law enforcement agency or department shall include a breakdown of the 16
 hours within the annual audit submitted to the division.
         (5) Beginning July 1, 2021, the director shall ensure that annual training covers
 intervention responses for mental illnesses, autism spectrum disorder, and other neurological
 and developmental disorders.
         (6) Beginning July 1, 2023, the director shall ensure that annual training covers at least
 one hour of training on responses to sexual traumas and investigations of sexual assault and
 sexual abuse in accordance with Section 53-10-908.
         Section 3. Section 53-10-908 is amended to read:
         53-10-908. Law enforcement -- Training -- Sexual assault, sexual abuse, and
 human trafficking.
         (1) The department and the Utah Prosecution Council shall develop training in
 trauma-informed responses and investigations of sexual assault and sexual abuse, which
 include, but are not limited to, the following:
         (a) recognizing the symptoms of trauma;
         (b) understanding the impact of trauma on a victim;
         (c) responding to the needs and concerns of a victim of sexual assault or sexual abuse;
         (d) delivering services to victims of sexual assault or sexual abuse in a compassionate,
 sensitive, and nonjudgmental manner;
         (e) understanding cultural perceptions and common myths of sexual assault and sexual
 abuse; and
         (f) techniques of writing reports in accordance with Subsection (5).
         (2) (a) [The] In accordance with Section 53-6-202, the department and the Utah
 Prosecution Council shall offer the training in Subsection (1) to all certified law enforcement
 officers in the state.
         (b) The training for all law enforcement officers may be offered through an online
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        H.B. 297                                                                         Enrolled Copy
 course, developed by the department and the Utah Prosecution Council.
         (3) The training listed in Subsection (1) shall be offered by the Peace Officer Standards
 and Training division to all persons seeking certification as a peace officer.
         (4) (a) The department and the Utah Prosecution Council shall develop and offer an
 advanced training course for officers who investigate cases of sexual assault or sexual abuse.
         (b) The advanced training course shall include:
         (i) all criteria listed in Subsection (1); and
         (ii) interviewing techniques in accordance with the curriculum standards in Subsection
 (5).
         (5) The department shall consult with the Utah Prosecution Council to develop the
 specific training requirements of this section, including curriculum standards for report writing
 and response to sexual assault and sexual abuse, including trauma-informed and
 victim-centered interview techniques, which have been demonstrated to minimize
 retraumatizing victims.
         (6) The Office of the Attorney General shall develop and offer training for law
 enforcement officers in investigating human trafficking offenses.
         (7) The training described in Subsection (6) shall be offered to all law enforcement
 officers in the state by July 1, 2020.
         (8) The training described in Subsection (6) shall be offered by the Peace Officer
 Standards and Training division to all persons seeking certification as a peace officer, in
 conjunction with the training described in Subsection (1), beginning July 1, 2021.
         (9) The Office of the Attorney General, the department, and the Utah Prosecution
 Council shall consult with one another to provide the training described in Subsection (6)
 jointly with the training described in Subsection (1) as reasonably practicable.
         Section 4. Section 53-22-101 is enacted to read:
           CHAPTER 22. SEXUAL ASSAULT OFFENSE POLICY AND REPORTING
                                             REQUIREMENTS
         53-22-101. Sexual assault offense policy and public information requirements for
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        Enrolled Copy                                                                         H.B. 297
 law enforcement agencies.
        (1) (a) Beginning January 1, 2024, a law enforcement agency shall create and maintain
 a policy regarding the law enforcement agency's processes for handling sexual assault
 investigations.
        (b) A policy described under Subsection (1)(a) shall include current best practices for
 handling sexual assault investigations, including:
        (i) protocols and training on responses to sexual trauma;
        (ii) emergency response procedures, including prompt contact with the victim and the
 preservation of evidence; and
        (iii) referrals to sexual assault support services.
        (c) A law enforcement agency shall publicly post on the law enforcement agency's
 website the policy described in Subsection (1)(a).
        (2) Beginning January 1, 2024, a law enforcement agency shall create and publicly post
 on the law enforcement agency's website a guide for victims of sexual assault that includes:
        (a) a description of the law enforcement agency's processes for handling sexual assault
 investigations;
        (b) contact information for victims of sexual assault to obtain more information from
 the law enforcement agency; and
        (c) referral information for sexual assault victim support services.
        Section 5. Section 53-22-102 is enacted to read:
        53-22-102. Sexual assault offense reporting requirements for law enforcement
 agencies.
        (1) As used in this section:
        (a) "Commission" means the State Commission on Criminal and Juvenile Justice
 created in Section 63M-7-201.
        (b) "Sexual assault offense" means:
        (i) rape, Section 76-5-402;
        (ii) rape of a child, Section 76-5-402.1;
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       H.B. 297                                                                       Enrolled Copy
        (iii) object rape, Section 76-5-402.2;
        (iv) object rape of a child, Section 76-5-402.3;
        (v) forcible sodomy, Section 76-5-403;
        (vi) sodomy on a child, Section 76-5-403.1;
        (vii) forcible sexual abuse, Section 76-5-404;
        (viii) sexual abuse of a child, Section 76-5-404.1;
        (ix) aggravated sexual abuse of a child, Section 76-5-404.3;
        (x) aggravated sexual assault, Section 76-5-405; or
        (xi) sexual battery, Section 76-9-702.1.
        (2) (a) Beginning January 1, 2025, a law enforcement agency shall annually, on or
 before April 30, submit a report to the commission for the previous calendar year containing
 the number of each type of sexual assault offense that:
        (i) was reported to the law enforcement agency;
        (ii) was investigated by a detective; and
        (iii) was referred to a prosecutor for prosecution.
        (b) A law enforcement agency shall:
        (i) compile the report described in Subsection (2)(a) for each calendar year in the
 standardized format developed by the commission under Subsection (3); and
        (ii) publicly post the information reported in Subsection (2)(a) on the law enforcement
 agency's website.
        (3) The commission shall:
        (a) develop a standardized format for reporting the data described in Subsection (2);
        (b) compile the data submitted under Subsection (2); and
        (c) annually on or before August 1, publish a report of the data described in Subsection
 (2) on the commission's website.
        Section 6. Section 53-22-103 is enacted to read:
        53-22-103. Exemption.
        The provisions of this chapter do not apply to a law enforcement agency created under
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        Enrolled Copy                                                                          H.B. 297
 Section 41-3-104.
        Section 7. Section 63A-16-1002 is amended to read:
        63A-16-1002. Criminal justice database.
        (1) The commission shall oversee the creation and management of a [Criminal Justice
 Database] criminal justice database for information and data required to be reported to the
 commission, organized by county, and accessible to all criminal justice agencies in the state.
        (2) The division shall assist with the development and management of the database.
        (3) The division, in collaboration with the commission, shall create:
        (a) master standards and formats for information submitted to the database;
        (b) a portal, bridge, website, or other method for reporting entities to provide the
 information;
        (c) a master data management index or system to assist in the retrieval of information
 in the database;
        (d) a protocol for accessing information in the database that complies with state
 privacy regulations; and
        (e) a protocol for real-time audit capability of all data accessed through the portal by
 participating data source, data use entities, and regulators.
        (4) Each criminal justice agency charged with