HB 220 — Public Safety Data Amendments

(13)(13)(a) (a) A law enforcement officer, as defined in Section 53-13-103, is exempt from the background check fee required in this section for the purchase of a personal firearm to be carried while off-duty if the - 6 - HB0220 compared with HB0220S02 law enforcement officer verifies current employment by providing a letter of good standing from the officer's commanding officer and current law enforcement photo identification.

53-10-910.53-10-910 .

(6)- the6 number- ofEnrolled sexualCopy assaultH.B. kits that are not processed in accordance with the timelines established in this part;

220 (6) the number of sexual assault kits that are not processed in accordance with the timelines established in this part;

53H-7-603.53H-7-603 .

- 7 - HB0220 compared with HB0220S02 (b) "Crime statistics" means the number of each of the crimes in 34 C.F.R.

(c)(c)(i) (i) "Institution noncampus housing facility" means a building or property that:

(e)(e)(i) (i) "On-campus housing facility" means a building or property that is:

and (iii)- (A)7 a- studentH.B. organization owns, manages, controls, or leases;

220 Enrolled Copy (iii)(A) a student organization owns, manages, controls, or leases;

- 8 - HB0220 compared with HB0220S02 (a) create a report of crime statistics aggregated by:

Governance of Technology 63A-16-1002.63A-16-1002 .

(1)- The8 commission- shallEnrolled overseeCopy theH.B. creation and management of a public safety portal for information and data required to be reported to the commission and accessible to all criminal justice agencies in the state.

220 (1) The commission shall oversee the creation and management of a public safety portal for information and data required to be reported to the commission and accessible to all criminal justice agencies in the state.

- 9 - HB0220 compared with HB0220S02 (a) master standards and formats for information submitted to the public safety portal;

(g) a searchable {website } portion of the public safety portal described in Subsection (4) available to the public that displays the de-identified data as described in Subsection (3)(f);

[(i)- Section9 53E-3-516,- SchoolH.B. disciplinary and law enforcement action report;] [(j)] (k) Section 53-25-501, Reporting requirements for seized firearms;

220 Enrolled Copy [(i) Section 53E-3-516, School disciplinary and law enforcement action report;] [(j)] (k) Section 53-25-501, Reporting requirements for seized firearms;

- 10 - HB0220 compared with HB0220S02 [(l)] (o) Section 63M-7-214, Law enforcement agency grant reporting;

{(s)(s) {Section 63M-7-405, regarding the master offense list and collateral consequences guide;} } (t)(s) Section 63M-7-1106, regarding annual reporting from the Prosecutor Conduct Commission;

(u)(t)(t) Section 64-13-47, regarding data of sexual assaults;

[(p)] (v){(u)}(u) Section 64-14-204, Supervision of sentenced offenders placed in community;

[(q)] (w){(v)}(v) Section 64-13-25, Standards for programs;

[(r)] (x){(w)}(w) Section 64-13-45, Department reporting requirements;

[(s)] (y){(x)}(x) Section 64-13e-104, County correctional facility reimbursement program for state probationary inmates and state parole inmates;

(z){(y)}(y) Section 67-5-22.7, regarding data from the multi-agency strike force to combat violent and other major felony crimes;

[(t)] (aa){(z)}(z) Section 77-7-8.5, Use of tactical groups;

[(u)] (bb){(aa)}(aa) Section 77-11b-404, Forfeiture reporting requirements;

[(v)] (cc){(bb)}(bb) Section 77-20-103, Release data requirements;

[(w)] (dd){(cc)}(cc) Section 77-22-2.5, Court orders for criminal investigations;

(ee){(dd)}(dd) Section 77-27-32, regarding metrics from the Board of Pardons and Parole;

[(x)] (ff){(ee)}(ee) Section 78A-2-109.5, Court data collection on criminal cases;

(gg){(ff)}(ff) Section 80-5-202, regarding data of sexual assaults;

[(y)] (hh){(gg)}(gg) Section 80-6-104, Data collection on offenses committed by minors;

and [(z)] (ii){(hh)}(hh) any other statutes that require the collection of specific data and the reporting of that data to the commission.

(a)- enter10 into- contractsEnrolled withCopy privateH.B. or governmental entities to assist entities in complying with the data reporting requirements of Subsection (4);

and220 -(a) 11enter -into HB0220contracts compared with HB0220S02private (b)or make,governmental inentities accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, rules to administerassist thisentities section,in includingcomplying establishingwith requirements and procedures for collecting the data,data information,reporting orrequirements reportsof described in Subsection (4).(4);

and (b) make, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, rules to administer this section, including establishing requirements and procedures for collecting the data, information, or reports described in Subsection (4).

Section 5 is enacted to read:

Part 13.

Researcher Access to Criminal Justice Information 63A-16-1301.

Definitions.

As used in this part:

(1) "Covered entity" means:

(a) the Board of Pardons and Parole;

(b) a court;

(c) a law enforcement agency;

(d) a prosecution agency;

(e) a county jail;

(f) the Department of Corrections;

or (g) another private or public entity that performs an activity directly relating to:

(i) the detection or investigation of crime;

(ii) the apprehension, pretrial release, post-trial release, prosecution, correctional supervision, rehabilitation, evaluation, or treatment of individuals accused or convicted of committing criminal offenses;

(iii) criminal identification activities;

or (iv) the collection, storage, or dissemination of information regarding arrests or other criminal records.

(2) (a) "Criminal justice information" means anonymized data or records collected, created, received, maintained, or disseminated by a covered entity relating to:

(i) a law enforcement stop, search, or seizure;

(ii) an issued warrant;

(iii) an arrest or citation;

(iv) an individual's participation in a diversion program, specialty court, or other alternative resolution program;

(v) a criminal charge, disposition, or sentence;

(vi) pretrial or post-trial release from custody, including any term or condition of release;

- 12 - HB0220 compared with HB0220S02 (vii) a grant, order, change in the terms of, or termination of, pretrial supervised release, probation, parole, or participation in a correctional or rehabilitative program;

or (viii) formal discipline, reclassification, or relocation of an individual who is incarcerated.

(b) "Criminal justice information" includes anonymized demographic information related to the information described in Subsection (2)(a).

(3) "Criminal justice researcher" means a person that conducts research and statistical analysis regarding criminal justice information.

(4) "Institutional review board" means a board, committee, or other group that:

(a) reviews, approves initiation of, and conducts periodic review of research;

and (b) has received a national accreditation for research in reviewing, approving, and conducting periodic review of research or is part of an accredited institution of higher education.

(5) "Law enforcement agency" means an entity or division:

(a) (i) of the state, or a political subdivision of the state;

(ii) of a state institution of higher education;

or (iii) of a private institution of higher education, if the entity or division is certified by the commissioner of public safety under Title 53, Chapter 19, Certification of Private Law Enforcement Agency;

and (b) that exists primarily to prevent and detect crime and enforce criminal laws, statutes, and ordinances.

(6) "Prosecution agency" means a city attorney, county attorney, district attorney, the attorney general, or other entity that undertakes the prosecution of criminal offenses.

(7) (a) "Record" means any information kept, held, filed, produced, or reproduced in physical or digital form.

(b) "Record" includes a report, statement, examination, memoranda, opinion, folder, file, book, manual, pamphlet, papers, design, drawing, map, photo, letter, microfilm, computer tape or disc, rule, regulation, or code.

Section 6.

Section 6 is enacted to read:

63A-16-1302.

Criminal justice information sharing with researcher.

(1) Notwithstanding Title 63G, Chapter 2, Government Records Access and Management Act, if a criminal justice researcher submits a written request to a covered entity for criminal justice - 13 - HB0220 compared with HB0220S02 information that complies with the requirements described in Subsection (3), the covered entity shall provide the requested criminal justice information to the criminal justice researcher.

(2) A release of criminal justice information under this section is not considered a release of data, records, or information to the public under Title 63G, Chapter 2, Government Records Access and Management Act, and does not waive the right of the covered entity to assert that data, records, or information are private or controlled records under Title 63G, Chapter 2, Government Records Access and Management Act.

(3) Before a criminal justice researcher may gain access to criminal justice information under this section, the criminal justice researcher shall:

(a) agree that any personally identifiable information or confidential information inadvertently provided by a covered entity may not be used for any purpose;

and (b) certify that:

(i) the criminal justice researcher's institutional review board has approved the research or project that is the basis of the request;

(ii) the criminal justice researcher has security protocols and systems in place to prevent unauthorized access to criminal justice information in the criminal justice researcher's possession or criminal justice information to which the criminal justice researcher has access;

and (iii) the security protocols and systems described in Subsection (3)(b)(ii) have been approved by the criminal justice researcher's institutional review board.

(4) The attorney general shall issue guidance for covered entities regarding compliance with this part, including a process for:

(a) identifying criminal justice researchers who meet the requirements of this part;

and (b) sharing criminal justice information with criminal justice researchers.

(5) A covered entity may assess reasonable fees, not to exceed actual costs, for the search, retrieval, and sharing of criminal justice information requested under this part.

Section 5.

63G-2-201.63G-2-201 .

(1)(1)(a) - 14 - HB0220 compared with HB0220S02 (a) Except as provided in Subsection (1)(b), a person has the right to inspect a public record free of charge, and the right to take a copy of a public record during normal working hours, subject to Sections 63G-2-203 and 63G-2-204.

or (iii)(iii)(A) (A) that is accessible only by a computer or other electronic device owned or controlled by the governmental entity;

(5)(5)(a) (a) A governmental entity may not disclose a record that is private, controlled, or protected to any person except as provided in Subsection (5)(b), Subsection (5)(c), Section- 63G-2-202,11 63G-2-206,- orH.B. 63G-2-303.

220 Enrolled Copy Section 63G-2-202, 63G-2-206, or 63G-2-303.

- 15 - HB0220 compared with HB0220S02 (i) there is no interest in restricting access to the record;

(7)(7)(a) (a) In response to a request, a governmental entity is not required to:

or (II)- included12 in- aEnrolled publicCopy publicationH.B. or product produced by the governmental entity receiving the request;

and220 -(II) 16included -in HB0220a comparedpublic withpublication HB0220S02or (B)product produced by the governmental entity:entity receiving the request;

and (B) the governmental entity:

(8)(8)(a) (a) Although not required to do so, a governmental entity may, upon request from the person who submitted the records request, compile, format, manipulate, package, summarize, or tailor information or provide a record in a format, medium, or program not currently maintained by the governmental entity.

(9)(9)(a) (a) Notwithstanding any other provision of this chapter, and subject to Subsection (9)(b), a governmental entity is not required to respond to, or provide a record in response to, a record request if the request is submitted by or in behalf of an individual who is on parole or confined in a jail or other correctional facility following the individual's conviction.

(i) the first five record requests submitted to the governmental entity by or in behalf of- an13 individual- describedH.B. in Subsection (9)(a) during any calendar year requesting only a record that contains a specific reference to the individual;

or220 -Enrolled 17Copy -of HB0220an comparedindividual withdescribed HB0220S02in (ii)Subsection a(9)(a) recordduring requestany thatcalendar isyear submittedrequesting byonly ana attorneyrecord ofthat ancontains individuala describedspecific inreference Subsectionto (9)(a).the individual;

(10)or (a)(ii) Aa governmentalrecord entityrequest maythat allowis asubmitted personby requestingan moreattorney than 50 pages of recordsan toindividual copydescribed thein recordsSubsection if:(9)(a).

(10)(a) A governmental entity may allow a person requesting more than 50 pages of records to copy the records if:

(11)(11)(a) (a) A governmental entity that owns an intellectual property right and that offers the intellectual property right for sale or license may control by ordinance or policy the duplication and distribution of the material based on terms the governmental entity considers to be in the public interest.

(i)- does14 not- discloseEnrolled otherCopy recordsH.B. that are exempt from disclosure;

or220 -(i) 18does -not HB0220disclose comparedother withrecords HB0220S02that (ii)are mayexempt be segregated to protect private, protected, or controlled information from disclosuredisclosure; without the undue expenditure of public resources or funds.

(14)or In(ii) determiningmay whetherbe asegregated recordto isprotect properlyprivate, classifiedprotected, asor privatecontrolled underinformation Subsectionfrom 63G-2-302(2)disclosure (d),without the governmentalundue entity,expenditure the director of thepublic Governmentresources Records Office, local appeals board, or courtfunds. shall consider and weigh:

(14) In determining whether a record is properly classified as private under Subsection 63G-2-302(2)(d), the governmental entity, the director of the Government Records Office, local appeals board, or court shall consider and weigh:

{Section 8.

Section 63M-7-405 is amended to read:

} 63M-7-405.

Master offense list -- Collateral consequences guide.

(1) (a) The sentencing commission shall create a master offense list.

(b) On or before June 30 of each year, the sentencing commission shall:

(i) after the last day of the general legislative session, update the master offense list;[ and] (ii) provide the master offense list to the commission;

and [(ii)] (iii) present the updated master offense list to the Law Enforcement and Criminal Justice Interim Committee.

(2) (a) The sentencing commission shall:

(i) identify any provision of state law, including the Utah Constitution, and any administrative rule that imposes a collateral consequence;

(ii) prepare and compile a guide that contains all the provisions identified in Subsection (2)(a)(i);

and (iii) update the guide described in Subsection (2)(a)(ii) annually.

- 19 - HB0220 compared with HB0220S02 (b) The sentencing commission shall state in the guide described in Subsection (2)(a) that:

(i) the guide has not been enacted into law;

(ii) the guide does not have the force of law;

(iii) the guide is for informational purposes only;

(iv) an error or omission in the guide, or in any reference in the guide:

(A) has no effect on a plea, an adjudication, a conviction, a sentence, or a disposition;

and (B) does not prevent a collateral consequence from being imposed;

(v) any laws or regulations for a county, a municipality, another state, or the United States, imposing a collateral consequence are not included in the guide;

and (vi) the guide does not include any provision of state law or any administrative rule imposing a collateral consequence that is enacted on or after March 31 of each year.

(c) The sentencing commission shall:

(i) place the statements described in Subsection (2)(b) in a prominent place at the beginning of the guide;

and (ii) make the guide available to the public on the sentencing commission's website.

(d) The sentencing commission shall:

(i) present the updated guide described in Subsection (2)(a)(iii) annually to the Law Enforcement and Criminal Justice Interim Committee;

(ii) provide the updated guide described in Subsection (2)(a)(iii) annually to the commission;

and [(ii)] (iii) identify and recommend legislation on collateral consequences to the Law Enforcement and Criminal Justice Interim Committee.

63M-7-1106.63M-7-1106 .

and - 20 - HB0220 compared with HB0220S02 (f) the name of any prosecuting agency that refused, without reasonable cause, to cooperate in an investigation by the commission.

64-13-47.64-13-47 .

(1) The department shall, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking- Act,15 make- rulesH.B. establishing policies and procedures regarding sexual assaults that occur in correctional facilities.

220 Enrolled Copy Rulemaking Act, make rules establishing policies and procedures regarding sexual assaults that occur in correctional facilities.

and - 21 - HB0220 compared with HB0220S02 (iv) monitoring victims of sexual assault for suicidal impulses, post-traumatic stress disorder, depression, and other mental health consequences resulting from the sexual assault;

(iii)- requiring16 corrections- investigatorsEnrolled toCopy submitH.B. all completed sexual assault allegations to the executive director or the executive director's designee, who [must] shall then submit any substantiated findings that may constitute a crime under state law to the district attorney with jurisdiction over the facility in which the alleged sexual assault occurred;

220 (iii) requiring corrections investigators to submit all completed sexual assault allegations to the executive director or the executive director's designee, who [must] shall then submit any substantiated findings that may constitute a crime under state law to the district attorney with jurisdiction over the facility in which the alleged sexual assault occurred;

(3)(3)(a) (a) An investigator trained in the investigation of sex crimes shall conduct the investigation of a sexual assault involving an inmate.

-67-5-22.7 22. - HB0220 compared with HB0220S02 67-5-22.7.

(2) The office shall invite officers of the [U.S.] United States Immigration and Customs Enforcement and state and local law enforcement personnel to participate in this mutually- supportive,17 multi-- agencyH.B. strike force to more effectively utilize their combined skills, expertise, and resources.

220 Enrolled Copy mutually supportive, multi-agency strike force to more effectively utilize their combined skills, expertise, and resources.

(5)(5)(a) (a) There is created a restricted account in the General Fund known as the "Identity Theft Victims Restricted Account." (b) The Identity Theft Victims Restricted Account shall consist of money appropriated to the Identity Theft Victims Restricted Account by the Legislature.

(d) To obtain payment from the Identity Theft Victims Restricted Account, a person shall file a claim with the Fraudulent Documents Identification Unit by no later than one year after the day on which an individual is convicted, pleads guilty to, pleads no contest to, pleads guilty in a similar manner to, - 23 - HB0220 compared with HB0220S02 or resolved by diversion or its equivalent an offense under Section 76-11-215 or 76-6-1102 for the theft of the identity of the person filing the claim.

(f)- The18 Fraudulent- DocumentsEnrolled IdentificationCopy UnitH.B. shall pay a claim from the Identity Theft Victims Restricted Account:

220 (f) The Fraudulent Documents Identification Unit shall pay a claim from the Identity Theft Victims Restricted Account:

77-27-32.77-27-32 .

- 24 - HB0220 compared with HB0220S02 (2) On or before September 30 of each year, the board shall submit to [the commission and ]the] the Law Enforcement and Criminal Justice Interim Committee a report for the previous fiscal year that summarizes the metrics in Subsection (1).

80-5-202.- 19 - H.B.

220 Enrolled Copy 80-5-202 .

- 25 - HB0220 compared with HB0220S02 (i) providing to minors detained in secure care and detention facilities, at intake and periodically, easy-easy-to-understand to-understand information, which is developed and approved by the division, on sexual assault prevention, treatment, reporting, and counseling in consultation with community groups with expertise in sexual assault prevention, treatment, reporting, and counseling;

(b)- require20 reporting- ofEnrolled anyCopy incidentH.B. of sexual assault, including:

220 (b) require reporting of any incident of sexual assault, including:

and (iii) requiring division employees to be subject to disciplinary sanctions up to and including termination for violating agency sexual assault policies, with termination the presumptive disciplinary sanction - 26 - HB0220 compared with HB0220S02 for division employees who have engaged in sexual assault, consistent with constitutional due process protections and state personnel laws and rules;

(e) require that any report of an incident of sexual assault be referred to the Division of Child and Family Services or a law enforcement agency with jurisdiction over the detention- or21 secure- careH.B. facility in which the alleged sexual assault occurred;

220 Enrolled Copy detention or secure care facility in which the alleged sexual assault occurred;

(5) The division shall annually report the data described in [Section] Subsection (4)(f) to the [Law[ Law Enforcement and Criminal Justice Interim Committee] State Commission on Criminal and Juvenile Justice created in Section 63M-7-201.

This Bill Repeals:

Effective date.

2-2-26 12:51 PM - 2722 -