SB 30 — Human Trafficking, Exploitation, and Smuggling Amendments

30 (4)(a) With the personal identifying information the office submits to the bureau under Subsection (3), the bureau shall check against state and regional criminal background databases for the applicant's criminal history.

- 9 - SB0030 compared with SB0030S01 (e) The bureau shall notify and release to the office all information of criminal activity associated with the applicant.

(5)(5)(a) (a) Except as provided in Subsection (5)(b), the office shall deny direct access qualified status to an applicant who, within three years from the date on which the office conducts the background check, was convicted of:

(A)- an9 offense- identifiedS.B. as domestic violence, lewdness, voyeurism, battery, cruelty to animals, or bestiality;

30 Enrolled Copy (A) an offense identified as domestic violence, lewdness, voyeurism, battery, cruelty to animals, or bestiality;

- 10 - SB0030 compared with SB0030S01 (P) failure to report, as described in Section 80-2-609;

(b)(b)(i) (i) Subsection (5)(a) does not apply to an applicant who is seeking a position as a peer support provider or a mental health professional, if the applicant provides services in a program that serves only adults with a primary mental health diagnosis, with or without a co-occurring substance use disorder.

(ii)- The10 office- shallEnrolled conductCopy aS.B. comprehensive review of an applicant described in Subsection (5)(b)(i) in accordance with Subsection (7).

30 (ii) The office shall conduct a comprehensive review of an applicant described in Subsection (5)(b)(i) in accordance with Subsection (7).

(d)(d)(i) (i) Subsection (5)(c) does not apply retrospectively for congregate care program employees who have an approved background screening on or before July 1, 2025;

- 11 - SB0030 compared with SB0030S01 (b) has a felony charge or conviction that is no more than 10 years from the date on which the office conducts the background check for an offense not described in Subsection (5)(a);

(e) has a class B misdemeanor or class C misdemeanor conviction that is more than 10 years from the date on which the office conducts the background check, for an offense described in Subsection (5)(5)(a), (a), with criminal or non-criminal findings after the- date11 of- conviction;S.B.

30 Enrolled Copy the date of conviction;

- 12 - SB0030 compared with SB0030S01 (m) has a supported finding that occurred more than 15 years from the date on which the office conducts the background check in the Division of Child and Family Services' Licensing Information System described in Section 80-2-1002, with criminal or non-criminal findings after the date of the listing;

(o) has a listing that occurred more than 15 years from the date on which the office conducts the background check in the Division of Aging and Adult Services' vulnerable adult abuse, neglect, or exploitation database described in Section 26B-6-210,- with12 criminal- orEnrolled non-criminalCopy findingsS.B. after the date of the listing;

30 26B-6-210, with criminal or non-criminal findings after the date of the listing;

(7)(7)(a) (a) The comprehensive review shall include an examination of:

- 13 - SB0030 compared with SB0030S01 (vii) any evidence provided by the applicant of rehabilitation, counseling, psychiatric treatment received, or additional academic or vocational schooling completed;

(9)- (a)13 The- officeS.B. may conditionally grant direct access qualified status to an applicant, for a maximum of days after the day on which the office sends written notice, without requiring that the applicant be directly supervised, if the office:

30 Enrolled Copy (9)(a) The office may conditionally grant direct access qualified status to an applicant, for a maximum of 60 days after the day on which the office sends written notice, without requiring that the applicant be directly supervised, if the office:

(10)(10)(a) - 14 - SB0030 compared with SB0030S01 (a) Each time an applicant is associated with a licensee, the department shall review the current status of the applicant's background check to ensure the applicant is still eligible for direct access qualified status in accordance with this section.

(c) Notwithstanding any other provision of this section, an applicant who is denied direct access qualified status shall not have direct access to a child or vulnerable adult unless the office grants direct access qualified status to the applicant through a subsequent- application14 in- accordanceEnrolled withCopy thisS.B. section.

30 subsequent application in accordance with this section.

(12)(12)(a) (a) This Subsection (12) applies to an applicant associated with a certification, contract, or licensee serving adults only.

or (C) in a program that serves only adults with a primary mental health diagnosis, with or without a co-co-occurring occurring substance use disorder;

and - 15 - SB0030 compared with SB0030S01 (ii) within three years from the date on which the office conducts the background check, the applicant has a felony or misdemeanor charge or conviction or a non-criminal finding.

(13)(13)(a) (a) This Subsection (13) applies to an applicant seeking a position in a congregate care program, an applicant seeking to provide a prospective foster home, an applicant seeking to provide a prospective adoptive home, and each adult living in the home of the prospective foster or prospective adoptive home.

(i)- federal15 law- orS.B. rule permits otherwise;

30 Enrolled Copy (i) federal law or rule permits otherwise;

- 16 - SB0030 compared with SB0030S01 (E) commission of domestic violence in the presence of a child, as described in Section 76-5-114;

[(R)]- (T)16 an- offenseEnrolled describedCopy inS.B. Title 76, Chapter 5, Part 4, Sexual Offenses, other than Section 76-5-417, 76-5-418, or 76-5-419;

30 [(R)] (T) an offense described in Title 76, Chapter 5, Part 4, Sexual Offenses, other than Section 76-5-417, 76-5-418, or 76-5-419;

- 17 - SB0030 compared with SB0030S01 (ii) aggravated assault by a prisoner, as described in Section 76-5-103.5;

(iv)- has17 a- listingS.B. in the Division of Aging and Adult Services' vulnerable adult, neglect, or exploitation database described in Section 26B-2-210;

30 Enrolled Copy (iv) has a listing in the Division of Aging and Adult Services' vulnerable adult, neglect, or exploitation database described in Section 26B-2-210;

53-10-403.53-10-403 .

- 18 - SB0030 compared with SB0030S01 (b) a person who has pled guilty to or has been convicted by any other state or by the United States government of an offense which if committed in this state would be punishable as one or more of the offenses listed in Subsection (2)(a) or (b) on or after July 1, 2003;

(i)(i)(A) (A) who is adjudicated by the juvenile court for an offense described in Subsection (2) that is within the jurisdiction of the juvenile court on or after July- 1,18 2002;- Enrolled Copy S.B.

30 July 1, 2002;

or (c)(c)(i) (i) any violent felony as defined in Section 53-10-403.5;

- 19 - SB0030 compared with SB0030S01 (iv) operating a motor vehicle with any amount of a controlled substance in an individual's body and causing serious bodily injury or death, as codified before May 4, 2022, Laws of Utah 2021, Chapter 236, Section 1, Subsection 58-37-8(2)(g);

(xv) a felony violation of threatened or attempted assault on an elected official, Section- 76-8-313;19 - S.B.

30 Enrolled Copy Section 76-8-313;

- 20 - SB0030 compared with SB0030S01 (xxiii) a felony violation of lewdness involving a child, Section 76-5-420;

or (xxxii)- violation20 of- conditionEnrolled forCopy releaseS.B. after arrest under Section 78B-7-802.

30 (xxxii) violation of condition for release after arrest under Section 78B-7-802.

53-29-202.53-29-202 .

(vi) human trafficking of a child for commercial sexual exploitation under [Subsection[ 76-5-308.5(4)Subsection (b)]76-5-308.5(4)(b)] Section 76-5-308.6;

(vii) aggravated human trafficking for commercial sexual exploitation under Section [76-5-310][ 76-5-310] 76-5-310.2;

- 21 - SB0030 compared with SB0030S01 (x) sexual abuse of a minor under Section 76-5-401.1, on the individual's first offense unless the individual was younger than 21 years old at the time of the offense then on the individual's second offense;

(xxi)- aggravated21 sexual- assaultS.B. under Section 76-5-405;

30 Enrolled Copy (xxi) aggravated sexual assault under Section 76-5-405;

- 22 - SB0030 compared with SB0030S01 (xxxii) aggravated exploitation of prostitution under Section 76-5d-208;

[(xl)- aggravated22 human- smugglingEnrolled underCopy SectionS.B. 76-5-310.1, if the offender was not the natural parent of the child victim;] [(xli)] (xxxix) human trafficking of a vulnerable adult for labor under Section 76-5-311, if the offender was not the natural parent of the child victim;

30 [(xl) aggravated human smuggling under Section 76-5-310.1, if the offender was not the natural parent of the child victim;] [(xli)] (xxxix) human trafficking of a vulnerable adult for labor under Section 76-5-311, if the offender was not the natural parent of the child victim;

(b)(b)(i) (i) has been convicted of a criminal offense, or an attempt, solicitation, or conspiracy to commit a criminal offense in an external jurisdiction that is substantially equivalent to the offense listed in Subsection (1)(a);

and (ii)(ii)(A) (A) is a Utah resident;

or - 23 - SB0030 compared with SB0030S01 (B) is not a Utah resident and is in this state for a total of 10 days in a 12-month period, regardless of whether the individual intends to permanently reside in this state;

(c)(c)(i)(A) (i) (A) is required to register on a registry in an external jurisdiction for individuals who have committed an offense listed in Subsection (1)(a) or a substantially equivalent offense;

(d)(d)(i)(A) (i) (A) is a nonresident regularly employed or working in this state;

and (ii)(ii)(A) (A) is convicted of an offense listed in Subsection (1)(a) or a substantially equivalent offense in an external jurisdiction;

or (B)- is23 required- toS.B. register on a sex, kidnap, and child abuse registry, or an equivalent registry, in the individual's state of residence based on a conviction for an offense that is not substantially equivalent to an offense listed in Subsection (1)(a);

30 Enrolled Copy (B) is required to register on a sex, kidnap, and child abuse registry, or an equivalent registry, in the individual's state of residence based on a conviction for an offense that is not substantially equivalent to an offense listed in Subsection (1)(a);

or (f)(f)(i) (i) is adjudicated under Section 80-6-701 for one or more offenses listed in Subsection (1)(a);

- 24 - SB0030 compared with SB0030S01 (B) the juvenile court extended the juvenile court's jurisdiction over the individual under Section 80-6-605 and the individual remains in the division's custody until 30 days before the individual's 25th birthday;

(i) has committed, attempted, solicited, or conspired to commit an offense described in Subsection (1)(1)(a)(i) (a)(i) through (ii);

(i) has committed, attempted, solicited, or conspired to commit an offense described in Subsections (1)(1)(a)(iii) (a)(iii) through (xxxii);

(i) has committed, attempted, solicited, or conspired to commit an offense described in Subsections (1)(1)(a)(xxxiii) (a)(xxxiii) through (xli);

or (ii) meets a requirement described in Subsections (1)(b) through (e) for an offense described in Subsections (1)(a)(xxxiii) through (xli) or a substantially equivalent offense.- 24 - Enrolled Copy S.B.

30 offense.

-53-29-203 25. - SB0030 compared with SB0030S01 53-29-203.

(ix)- human25 smuggling- underS.B. Section 76-5-316, if the offender was not the natural parent of the child victim;

30 Enrolled Copy (ix) human smuggling under Section 76-5-316, if the offender was not the natural parent of the child victim;

- 26 - SB0030 compared with SB0030S01 (xvii) sexual extortion under Subsection 76-5b-204(2)(a);

(C) human trafficking of a child for commercial sexual exploitation under [Subsection[ 76-5-308.5(4)Subsection (b)]76-5-308.5(4)(b)] Section 76-5-308.6, if the offender was not the natural parent of the child victim;

(D)- aggravated26 human- traffickingEnrolled forCopy commercialS.B. sexual exploitation under Section [76-5-310] 76-5-310.2, if the offender was not the natural parent of the child victim;

30 (D) aggravated human trafficking for commercial sexual exploitation under Section [76-5-310] 76-5-310.2, if the offender was not the natural parent of the child victim;

or - 27 - SB0030 compared with SB0030S01 (K) aggravated exploitation of prostitution under Section 76-5d-208, on or after May 10, 2011;

(iv) human trafficking for commercial sexual exploitation under Section 76-5-308.1, if- the27 offender- wasS.B. not the natural parent of the child victim;

(v)30 humanEnrolled traffickingCopy of a child for commercial sexual exploitation under [Subsection 76-5-308.5(4) (b)] Section 76-5-308.6, if the offender was not the natural parent of the child victim;

(vi)(v) aggravated human trafficking of a child for commercial sexual exploitation under Section[Subsection [76-5-310]76-5-308.5(4)(b)] 76-5-310.2,Section 76-5-308.6, if the offender was not the natural parent of the child victim;

(vi) aggravated human trafficking for commercial sexual exploitation under Section [ 76-5-310] 76-5-310.2, if the offender was not the natural parent of the child victim;

- 28 - SB0030 compared with SB0030S01 (xi) aggravated sexual exploitation of a minor under Section 76-5b-201.1;

(3)(3)(a) (a) If the sentencing court at any time after an offender is convicted of an offense requiring lifetime registration described in Subsection (1)(b), and after considering the factors described in Subsection (3)(b), determines that the offender was under 21 years old at the time the offense was committed and the offense did not involve force or coercion, the requirement that the offender register for the offender's lifetime does not apply and the offender shall register for 10 years after the day on which the offender's sentence for the offense has been terminated.

(ii)- the28 vulnerability- ofEnrolled theCopy victim;S.B.

30 (ii) the vulnerability of the victim;

- 29 - SB0030 compared with SB0030S01 (a) is charged by criminal information in juvenile court under Section 80-6-503;

53-29-205.53-29-205 .

and (c)- the29 offender- hasS.B. paid all restitution ordered by the court or the Board of Pardons and Parole relating to the offense.

30 Enrolled Copy (c) the offender has paid all restitution ordered by the court or the Board of Pardons and Parole relating to the offense.

- 30 - SB0030 compared with SB0030S01 (a) a felony violation of enticing a minor under Section 76-5-417, if the offender enticed the minor to engage in sexual activity that is one of the offenses described in Subsections (3)(b) through (v);

(n)- custodial30 sexual- relationsEnrolled underCopy SectionS.B. 76-5-412, if the victim in custody is younger than 18 years old and the offense is committed on or after May 10, 2011;

30 (n) custodial sexual relations under Section 76-5-412, if the victim in custody is younger than 18 years old and the offense is committed on or after May 10, 2011;

or - 31 - SB0030 compared with SB0030S01 (ii) distribution of images obtained through voyeurism under Section 76-12-308;

(ii) human trafficking of a child for commercial sexual exploitation under [Subsection[ 76-5-308.5(4)Subsection (b)]76-5-308.5(4)(b)] Section 76-5-308.6;

(iii) aggravated human trafficking for commercial sexual exploitation under Section [76-5-310][ 76-5-310] 76-5-310.2;

or (z)- an31 offense- describedS.B. in Subsection 53-29-203(1)(b) that would otherwise be subject to a 20-year petition for removal as described in Section 53-29-206, if:

30 Enrolled Copy (z) an offense described in Subsection 53-29-203(1)(b) that would otherwise be subject to a 20-year petition for removal as described in Section 53-29-206, if:

- 32 - SB0030 compared with SB0030S01 (a) does not have a lifetime registration requirement on the external jurisdiction's sex, kidnap, or child abuse offender registry, or an equivalent registry;

53G-6-603.53G-6-603 .

(2) Except as provided in Subsection (3), upon enrollment of a student for the first time in a particular- school,32 that- schoolEnrolled shallCopy notifyS.B. the enroller in writing that within 30 days the enroller shall provide to the school either:

30 particular school, that school shall notify the enroller in writing that within 30 days the enroller shall provide to the school either:

or (b)(b)(i) (i) other reliable proof of the student's:

(3)(3)(a) (a) If the documentation described in Subsection (2)(a) or (2)(b)(i) inaccurately reflects the student's biological age, the enroller shall provide to the school:

- 33 - SB0030 compared with SB0030S01 (i) an affidavit explaining the reasons for the inaccuracy described in Subsection (3)(a);

(4)(4)(a) (a) If the supporting documentation described in Subsection (3)(b) is not available, the school shall assign a review team to work with the enroller to determine the student's biological age for an LEA to use for a student's enrollment and appropriate placement in a public school.

(D)- a33 school- counselor;S.B.

30 Enrolled Copy (D) a school counselor;

- 34 - SB0030 compared with SB0030S01 (c) In addition to any duty to comply with the mandatory reporting requirements described in Section 53E-6-701, a school shall report to local law enforcement and to the division any sign of child trafficking that the review team identifies in carrying out the review team's duties described in Subsection (4)(a).

76-1-301.76-1-301 .

(i)- rape34 of- aEnrolled childCopy underS.B. Section 76-5-402.1;

30 (i) rape of a child under Section 76-5-402.1;

- 35 - SB0030 compared with SB0030S01 (r) aggravated human trafficking under Section 76-5-310 or 76-5-310.2;

76-2-304.5.76-2-304.5 .

or (c)- an35 attempt- toS.B. commit an offense listed in Subsection (2)(a) or (2)(b).

30 Enrolled Copy (c) an attempt to commit an offense listed in Subsection (2)(a) or (2)(b).

- 36 - SB0030 compared with SB0030S01 [(f)] (g) aggravated exploitation of prostitution, Section 76-5d-208;

76-3-203.19.76-3-203.19 .

(viii) aggravated kidnapping as described in Section 76-5-302, if committed against an individual under 18 years old;

[(xii)] (xiii) rape as described in Section 76-5-402, if committed against an individual under- 1836 years- old;Enrolled Copy S.B.

30 under 18 years old;

- 37 - SB0030 compared with SB0030S01 [(xviii)] (xix) forcible sexual abuse as described in Section 76-5-404, if committed against an individual under 18 years old;

76-3-203.20.76-3-203.20 .

(a)- "Child37 sexual- offense"S.B. means one of the following offenses:

30 Enrolled Copy (a) "Child sexual offense" means one of the following offenses:

- 38 - SB0030 compared with SB0030S01 (v) rape of a child as described in Section 76-5-402.1;

Section- 11.38 - Enrolled Copy S.B.

30 Section 11.

Kidnapping, Trafficking, and Smuggling 76-5-305.76-5-305 .

- 39 - SB0030 compared with SB0030S01 (i) the conduct was necessary to protect any individual from imminent bodily injury or death;

76-5-308.76-5-308 .

(1)(1)(a) (a) As used in this section:

(iv) "Fraud" means a knowingly false or misleading material representation of fact that- is:39 - S.B.

30 Enrolled Copy that is:

- 40 - SB0030 compared with SB0030S01 (a) [ ]the actor [recruits, ] enlists, harbors, transports, obtains, [patronizes, or solicits] or uses an individual [for labor] for the purpose of procuring or using the individual's labor through the use of force, fraud, or coercion[, which may include] ;

[(b)] (iii) destroying, concealing, removing, confiscating, or unlawfully possessing [any][ any] a passport, immigration document, or other government-issued identification document;

[(d) using a condition of an individual being a debtor due to a pledge of the individual's personal services or the personal services of an individual under the control of the debtor as a security for debt where the reasonable value of the services is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined;] [(e)- using40 a- conditionEnrolled ofCopy servitudeS.B. by means of any scheme, plan, or pattern intended to cause an individual to believe that if the individual did not enter into or continue in a condition of servitude, the individual or another individual would suffer serious harm or physical restraint, or would be threatened with abuse of legal process;

or]30 [(f)[(e) creatingusing a condition of servitude by means of any scheme, plan, or exploitingpattern aintended relationshipto wherecause thean individual isto dependentbelieve uponthat if the actor.]individual (3)did (a)not Aenter violationinto or continue in a condition of Subsectionservitude, (2)the isindividual aor secondanother degreeindividual felonywould ifsuffer theserious violationharm isor donephysical knowingly.restraint, or would be threatened with abuse of legal process;

or] [(f) creating or exploiting a relationship where the individual is dependent upon the actor.] (3)(a) A violation of Subsection (2) is a second degree felony if the violation is done knowingly.

- 41 - SB0030 compared with SB0030S01 [(4) Human trafficking for labor includes any labor obtained through force, fraud, or coercion as described in Subsection (2).] [(5)] (4) [This offense] An offense committed under this section is a separate offense from any other [crime] offense committed in relationship to the commission of [this offense] an offense under this section.

76-5-308.1.76-5-308.1 .

(1)(1)(a) (a) As used in this section:

(ii)(ii)(A) (A) "Commercial sexually explicit performance" means a sexually explicit performance or activity for which anything of value is offered, given to, or received by any individual.

(2)- An41 actor- commitsS.B. human trafficking for commercial sexual exploitation if:

30 Enrolled Copy (2) An actor commits human trafficking for commercial sexual exploitation if:

- 42 - SB0030 compared with SB0030S01 (ii) physically restraining, or threatening to physically restrain, the individual or another individual;

[(b)] (iii) destroying, concealing, removing, confiscating, or unlawfully possessing [any][ any] a passport, immigration document, or other government-issued identification document;

or] [(f) creating or exploiting a relationship where the individual is dependent upon the actor.] (3)(3)(a) (a) A violation of Subsection (2) is a first degree felony if the violation:

and (ii)- is42 done- knowingly.Enrolled Copy S.B.

30 (ii) is done knowingly.

(i)(i)(A) (A) involves a commercial sexually explicit performance;

or (ii)(ii)(A) (A) involves a commercial sexual act;

- 43 - SB0030 compared with SB0030S01 (c) A violation of Subsection (2) is a third degree felony if the violation:

76-5-308.5.76-5-308.5 .

(1)(1)(a) (a) As used in this section[, "commercial sexual activity with a child" means any sexual act with a child, for which anything of value is given to or received by any person.] :

(a)- [43 ]- theS.B. actor enlists, harbors, transports, obtains, [patronizes, or solicits a child for sexual exploitation or forced labor.] or uses a child for the purpose of procuring or using the child's labor through the use of force, fraud, or coercion of either the child or an individual who has the ability to control the actions of the child;

-30 44Enrolled -Copy SB0030(a) compared[ with] SB0030S01 (b) the laboractor describedenlists, inharbors, Subsectiontransports, (2)(a)obtains, is[patronizes, notor solicits a commercialchild for sexual actexploitation or forced labor.] or uses a commercialchild sexuallyfor explicitthe performance;purpose of procuring or using the child's labor through the use of force, fraud, or coercion of either the child or an individual who has the ability to control the actions of the child;

(b) the labor described in Subsection (2)(a) is not a commercial sexual act or a commercial sexually explicit performance;

(3)(3)(a) (a) A violation of Subsection (2) that is done knowingly is a first degree felony punishable by a term of imprisonment of not less than:

[(4)[(4)(a) (a) Human trafficking of a child for labor includes any labor obtained through force, fraud, or coercion as described in Section 76-5-308.] [(b) Human trafficking of a child for sexual exploitation includes all forms of commercial sexual activity with a child, including sexually explicit performance, prostitution, participation in the production of pornography, performance in a strip club, and exotic dancing or display as described in Section 76-5-308.1.] - 4544 - SB0030Enrolled comparedCopy withS.B. SB0030S01 [(5)] (4) [This offense] An offense committed under this section is a separate offense from any other [crime] offense committed in relationship to the commission of [this offense] an offense under this section.

30 club, and exotic dancing or display as described in Section 76-5-308.1.] [(5)] (4) [This offense] An offense committed under this section is a separate offense from any other [crime] offense committed in relationship to the commission of [this offense] an offense under this section.

Section 1576-5-308.6 is enacted to read:

76-5-308.6.76-5-308.6 .

(1)(1)(a) (a) As used in this section:

(3)(3)(a) (a) A violation of Subsection (2) that is done knowingly is a first degree felony punishable by a term of imprisonment of not less than:

Section- 16.45 - S.B.

30 Enrolled Copy Section 16.

-76-5-309 46. - SB0030 compared with SB0030S01 76-5-309.

[(3)[(3)(a) (a) A violation of Subsection (2)(a) is a second degree felony.] [(b) A violation of Subsection (2)(b) is a third degree felony.] [(c) A violation of Subsection (2)(c) is a first degree felony punishable by a term of imprisonment of not less than 10 years and which may be for life.] [(d) A violation of Subsection (2)(d) is a first degree felony.] [(4) An actor commits a separate offense of human trafficking, human trafficking of a child, or human smuggling for each individual who is smuggled or trafficked under Section 76-5-308, 76-5-308.1, 76-5-308.3, 76-5-308.5, 76-5-310, or 76-5-310.1.] Section 17.

76-5-310.76-5-310 .

- 47 - SB0030 compared with SB0030S01 (a) results in the death of [a trafficked individual] an individual who is a victim of the offense described in Section 76-5-308;

(b)- results46 in- seriousEnrolled bodilyCopy injuryS.B. of [a trafficked individual] an individual who is a victim of the offense described in Section 76-5-308;

30 (b) results in serious bodily injury of [a trafficked individual] an individual who is a victim of the offense described in Section 76-5-308;

Section 1876-5-310.2 is enacted to read:

76-5-310.2.76-5-310.2 .

- 48 - SB0030 compared with SB0030S01 (ii) rape of a child under Section 76-5-402.1;

(vi)- sodomy47 on- aS.B. child under Section 76-5-403.1;

30 Enrolled Copy (vi) sodomy on a child under Section 76-5-403.1;

76-5-311.76-5-311 .

(1)(1)(a) (a) As used in this section:

or] the purpose of procuring or using the vulnerable adult's labor - 49 - SB0030 compared with SB0030S01 through the use of force, fraud, or coercion of either the vulnerable adult or an individual who has the ability to control the actions of the vulnerable adult;

(ii) physically restraining, or threatening to physically restrain, the vulnerable adult or another- individual;48 - Enrolled Copy S.B.

30 another individual;

[(b) patronizes or solicits a vulnerable adult for sexual exploitation or forced labor when the actor knew or should have known of the victim's vulnerability.] (3)(3)(a) (a) A violation of Subsection (2) in which the violation of Subsections (2)(a) and (c) is done knowingly is a first degree felony punishable by a term of imprisonment of not less than 10 years and which may be for life.

-[(4)(a) 50 - SB0030 compared with SB0030S01 [(4) (a) Human trafficking of a vulnerable adult for labor includes any labor obtained through force, fraud, or coercion as described in Section 76-5-308.] [(b) Human trafficking of a vulnerable adult for sexual exploitation includes all forms of commercial sexual activity with a vulnerable adult involving:] [(i) sexually explicit performances;] [(ii) prostitution;] [(iii) participation in the production of pornography;] [(iv) performance in a strip club;

or] [(v)- exotic49 dancing- orS.B. display.] Section 20.

Section30 20Enrolled isCopy enacted[(v) toexotic read:dancing or display.] Section 20.

76-5-312.Section 76-5-312 is enacted to read:

76-5-312 .

(1)(1)(a) (a) As used in this section:

(3)(3)(a) (a) A violation of Subsection (2) that is done knowingly is a first degree felony punishable by a term of imprisonment of not less than 10 years and which may be for life.

Section 2176-5-313 is enacted to read:

76-5-313.76-5-313 .

-(1)(a) 51 - SB0030 compared with SB0030S01 (1) (a) As used in this section:

and (c)- the50 actor:- Enrolled Copy S.B.

30 (c) the actor:

(3)(3)(a) (a) A violation of Subsection (2)(c)(i) is a third degree felony.

(b)(b)(i) (b){(i)} {A } Except as provided in Subsection (3)(b)(ii), a violation of Subsection (2)(c)(ii) is a class A misdemeanor.

Section 2276-5-314 is enacted to read:

76-5-314.76-5-314 .

(1)(1)(a) (a) As used in this section:

- 52 - SB0030 compared with SB0030S01 (iv) "Fraud" means the same as that term is defined in Section 76-5-308.

or (iii) is criminally negligent as to whether the individual's services or labor is being provided- as51 a- resultS.B. of another person's exercise of force, fraud, or coercion over the individual.

(3)30 (a)Enrolled ACopy violationprovided as a result of Subsectionanother (2)(e)(i)person's isexercise aof secondforce, degreefraud, felony.or coercion over the individual.

(b)(3)(a) (b){(i)}A {A } Except as provided in Subsection (3)(b)(ii), a violation of Subsection (2)(e)(ii)(2)(e)(i) is a thirdsecond degree felony.

(b)(i) Except as provided in Subsection (3)(b)(ii), a violation of Subsection (2)(e)(ii) is a third degree felony.

(c)(c)(i) (c){(i)} {A } Except as provided in Subsection (3)(c)(ii), a violation of Subsection (2)(e)(iii) is a class A misdemeanor.

Section 2376-5-315 is enacted to read:

76-5-315.76-5-315 .

(1)(1)(a) - 53 - SB0030 compared with SB0030S01 (a) As used in this section:

or (iii)- is52 criminally- negligentEnrolled asCopy toS.B. whether the individual's services or labor is being provided as a result of another person's exercise of force, fraud, or coercion over the individual.

(3)30 (a)(iii) Ais violationcriminally ofnegligent Subsectionas (2)(e)(i)to whether the individual's services or labor is being provided as a secondresult degreeof felony.another person's exercise of force, fraud, or coercion over the individual.

(b)(3)(a) (b){(i)}A {A } Except as provided in Subsection (3)(b)(ii), a violation of Subsection (2)(e)(ii)(2)(e)(i) is a thirdsecond degree felony.

(b)(i) Except as provided in Subsection (3)(b)(ii), a violation of Subsection (2)(e)(ii) is a third degree felony.

(c)(c)(i) (c){(i)} {A } Except as provided in Subsection (3)(c)(ii), a violation of Subsection (2)(e)(iii) is a class A misdemeanor.

- 54 - SB0030 compared with SB0030S01 (ii) A violation of Subsection (2)(e)(iii) is a third degree felony on a second or any subsequent conviction for a violation of Subsection (2)(e)(iii).

Section 76-5-31676-5-316, which is renumbered from Section 76-5-308.3 is renumbered and amended to read:

[76-5-308.3] 76-5-316.76-5-316 .

(1)(1)(a) (a) As used in this section:

(a)- citizens53 of- theS.B. United States;

30 Enrolled Copy (a) citizens of the United States;

Section 76-5-31776-5-317, which is renumbered from Section 76-5-310.1 is renumbered and amended to read:

- 55 - SB0030 compared with SB0030S01 [76-5-310.1] 76-5-317.76-5-317 .

(1)(1)(a) (a) As used in this section, "family member" means an individual's parent, grandparent, sibling, or other individual related to the individual by consanguinity or affinity to the second degree.

(3)- A54 violation- ofEnrolled SubsectionCopy (2)S.B. is a first degree felony.

30 (3) A violation of Subsection (2) is a first degree felony.

76-5-417.76-5-417 .

(1)(1)(a) (a) As used in this section:

- 56 - SB0030 compared with SB0030S01 (i) "Minor" means an individual who is under 18 years old.

or (iii)(iii)(A) (A) initiate contact with a minor or a person the actor believes to be a minor;

(a)- enticement55 to- engageS.B. in sexual activity that would be a first degree felony for the actor is a:

30 Enrolled Copy (a) enticement to engage in sexual activity that would be a first degree felony for the actor is a:

- 57 - SB0030 compared with SB0030S01 (c) enticement to engage in sexual activity that would be a third degree felony for the actor is a class A misdemeanor;

(5)(5)(a) (a) When an actor who commits a felony violation of this section has previously been convicted of an offense described in Subsection (5)(b), the court may not in any way shorten the prison sentence, and the court may not:

[(vii)]- (viii)56 forcible- sodomyEnrolled asCopy describedS.B. in Section 76-5-403;

30 [(vii)] (viii) forcible sodomy as described in Section 76-5-403;

- 58 - SB0030 compared with SB0030S01 [(xiii)] (xiv) enticing a minor to engage in sexual activity as described in Section 76-5-417;

or [(xv)] (xvi) the attempt, solicitation, or conspiracy to commit any of the offenses in Subsections (5)(b)(5)(b)(i) (i) through [(xiv)] (xv).

76-5d-106.76-5d-106 .

(c)- bring57 the- childS.B. to a juvenile receiving center, if available;

30 Enrolled Copy (c) bring the child to a juvenile receiving center, if available;

76-5d-208.76-5d-208 .

- 59 - SB0030 compared with SB0030S01 (1) Terms defined in Sections 76-1-101.5, 76-5d-101, and 76-5d-201 apply to this section.

(3)(3)(a) (a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a second degree felony.

76-5d-211.76-5d-211 .

and (b)(b)(i) (i) pays, offers to pay, or agrees to pay a fee, or the functional equivalent of a fee, to a child to hire the child to commit any sexual activity;

or (ii) with intent to pay a child to be hired to commit any sexual activity for a fee, or the functional equivalent of a fee, requests or directs the child to engage in any of the- following58 acts:- Enrolled Copy S.B.

30 the following acts:

or - 60 - SB0030 compared with SB0030S01 (C) any act of lewdness.

(3)(3)(a) (a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a second degree felony.

(b) human trafficking for commercial sexual exploitation as described in Section 76-5-308.1;- 59 - S.B.

[(c)30 humanEnrolled smugglingCopy as76-5-308.1; described in Section 76-5-308.3;] [(d) human trafficking of a child as described in Section 76-5-308.5;] - 61 - SB0030 compared with SB0030S01 (c) human trafficking of a child for commercial sexual exploitation under Section 76-5-308.6;

[(c) human smuggling as described in Section 76-5-308.3;] [(d) human trafficking of a child as described in Section 76-5-308.5;] (c) human trafficking of a child for commercial sexual exploitation under Section 76-5-308.6;

(7)(7)(a) (a) Upon encountering a child engaged in commercial sex or sexual solicitation, a law enforcement officer shall follow the procedure described in Subsection 76-5d-106(2).

76-14-202.76-14-202 .

(1)(1)(a) (a) Except as provided in Subsection (1)(b), (c), or (d), a law enforcement officer who, acting in the enforcement of a state law or local ordinance, conducts a lawful stop, detention, or arrest of an individual as specified in Subsection (1)(a)(i) or (ii), and the individual is unable to provide to the law enforcement officer a document listed in Subsection 76-14-203(1) and the law enforcement officer is otherwise unable to verify the identity of the individual, the law enforcement officer:

1373(c), except as allowed under Subsection (1)(b), (c),- or60 (d),- ifEnrolled theCopy individualS.B. is arrested for an alleged offense that is a class A misdemeanor or a felony;

and30 (ii) may attempt to verify the immigration status of the individual, except as exempted under Subsection (1)(b), (c), or (d), if the allegedindividual offense is aarrested classfor Ban oralleged Coffense misdemeanor, except - 62 - SB0030 compared with SB0030S01 that if the individual is arrested and booked for a class BA ormisdemeanor C misdemeanor, the arresting law enforcement officer or thea lawfelony; enforcement agency booking the individual shall attempt to verify the immigration status of the individual.

and (ii) may attempt to verify the immigration status of the individual, except as exempted under Subsection (1)(b), (c), or (d), if the alleged offense is a class B or C misdemeanor, except that if the individual is arrested and booked for a class B or C misdemeanor, the arresting law enforcement officer or the law enforcement agency booking the individual shall attempt to verify the immigration status of the individual.

(5)- A61 law- enforcementS.B. officer may not consider race, color, or national origin in implementing this section, except to the extent permitted by the constitutions of the United States and this state.

30 Enrolled Copy (5) A law enforcement officer may not consider race, color, or national origin in implementing this section, except to the extent permitted by the constitutions of the United States and this state.

76-17-401.76-17-401 .

-(1)(a) 63 - SB0030 compared with SB0030S01 (1) (a) "Enterprise" means an individual, sole proprietorship, partnership, corporation, business trust, association, or other legal entity, and a union or group of individuals associated in fact although not a legal entity.

(c) taking, destroying, or possessing wildlife or parts of wildlife for the primary purpose of sale, trade, or other pecuniary gain under Title 23A, Wildlife Resources Act, or Section- 23A-5-311;62 - Enrolled Copy S.B.

30 Section 23A-5-311;

- 64 - SB0030 compared with SB0030S01 (g) alteration of number or mark on pistol or revolver under Section 53-5a-106;

(y)- human63 trafficking- ofS.B. a vulnerable adult for commercial sexual exploitation under Section 76-5-312;

30 Enrolled Copy (y) human trafficking of a vulnerable adult for commercial sexual exploitation under Section 76-5-312;

- 65 - SB0030 compared with SB0030S01 [(cc)] (gg) causing a catastrophe under Section 76-6-105;

[(xx)]- (bbb)64 unlawful- dealingEnrolled withCopy propertyS.B. by fiduciary under Section 76-6-513;

30 [(xx)] (bbb) unlawful dealing with property by fiduciary under Section 76-6-513;

- 66 - SB0030 compared with SB0030S01 [(fff)] (jjj) identity fraud under Section 76-6-1102;

[(yyy)]- (cccc)65 extortion- orS.B. bribery to dismiss a criminal proceeding under Section 76-8-509;

30 Enrolled Copy [(yyy)] (cccc) extortion or bribery to dismiss a criminal proceeding under Section 76-8-509;

- 67 - SB0030 compared with SB0030S01 [(gggg)] (kkkk) false statement to prevent or reduce unemployment compensation or liability under Section 76-8-1302;

[(pppp)]- (tttt)66 unlawful- conductEnrolled involvingCopy anS.B. explosive, chemical, or incendiary part under Section 76-15-211;

30 [(pppp)] (tttt) unlawful conduct involving an explosive, chemical, or incendiary part under Section 76-15-211;

- 68 - SB0030 compared with SB0030S01 [(yyyy)] (ccccc) gambling promotion under Section 76-9-1405;

[(ooooo)]- (sssss)67 possession- ofS.B. a dangerous weapon with criminal intent under Section 76-11-208;

30 Enrolled Copy [(ooooo)] (sssss) possession of a dangerous weapon with criminal intent under Section 76-11-208;

77-22-2.5.77-22-2.5 .

-(a)(i) 69 - SB0030 compared with SB0030S01 (a) (i) "Electronic communication" means any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photooptical system.

(f) "Remote computing service" means the provision to the public of computer storage or- processing68 services- byEnrolled meansCopy ofS.B. an electronic communications system.

(g)30 (i)or "Sexualprocessing offenseservices againstby ameans minor"of means:an electronic communications system.

(g)(i) "Sexual offense against a minor" means:

or - 70 - SB0030 compared with SB0030S01 (F) aggravated sexual extortion of a child in violation of Section 76-5b-204.

(iii)- records69 of- sessionS.B. times and durations;

30 Enrolled Copy (iii) records of session times and durations;

(4)(4)(a) - 71 - SB0030 compared with SB0030S01 (a) An electronic communications system or service or remote computing service provider that provides information in response to a court order issued under this section may charge a fee, not to exceed the actual cost, for providing the information.

(8)(8)(a) (a) A court order issued under this section is subject to the provisions of [Title 77, Chapter 23b, Access to Electronic Communications] Chapter 23b, Access to Electronic Communications.

(b) Rights and remedies for providers and subscribers under [Title 77, Chapter 23b, Access to Electronic Communications] Chapter 23b.23b, Access to Electronic Communications, apply to providers and subscribers subject to a court order issued under this section.

Access to Electronic Communications, apply to providers and subscribers subject to a court order issued under this section.

(b)- the70 number- ofEnrolled ordersCopy issuedS.B. by the court and the criminal offense, pursuant to Subsection (2), each order was used to investigate;

30 (b) the number of orders issued by the court and the criminal offense, pursuant to Subsection (2), each order was used to investigate;

77-23a-8.77-23a-8 .

- 72 - SB0030 compared with SB0030S01 (1) The attorney general of the state, any assistant attorney general specially designated by the attorney general, any county attorney, district attorney, deputy county attorney, or deputy district attorney specially designated by the county attorney or by the district attorney, may authorize an application to a judge of competent jurisdiction for an order for an interception of wire, electronic, or oral communications by any law enforcement agency of the state, the federal government or of any political subdivision of the state that is responsible for investigating the type of offense for which the application is made.

(e)(e)(i) (i) aggravated murder under Section 76-5-202;

or (iii)- manslaughter71 under- SectionS.B. 76-5-205;

(f)30 -Enrolled 73Copy -(iii) SB0030manslaughter compared with SB0030S01 (i) kidnapping under Section 76-5-301;76-5-205;

(f)(i) kidnapping under Section 76-5-301;

[(vii) human smuggling under Section 76-5-308.3;] (viii) aggravated human trafficking for labor under Section 76-5-310;[ {[} or] (ix) aggravated human trafficking for commercial sexual exploitation under Section 76-5-310.2;

(g)(g)(i) (i) arson under Section 76-6-102;

(h)(h)(i) (i) burglary under Section 76-6-202;

(i)(i)(i) (i) robbery under Section 76-6-301;

- 74 - SB0030 compared with SB0030S01 (k) an offense of receiving stolen property that is punishable by a maximum term of imprisonment of more than one year under Section 76-6-408;

(m)- bribery72 of- aEnrolled laborCopy officialS.B. under Section 76-6-509;

30 (m) bribery of a labor official under Section 76-6-509;

- 75 - SB0030 compared with SB0030S01 (ii) delivery to a common carrier or mailing of an explosive, chemical, or incendiary device under Section 76-15-209;

(kk)- unlawful73 conduct- involvingS.B. an explosive, chemical, or incendiary part under Section 76-15-211;

30 Enrolled Copy (kk) unlawful conduct involving an explosive, chemical, or incendiary part under Section 76-15-211;

77-38-3.77-38-3 .

and - 76 - SB0030 compared with SB0030S01 (b) for a restitution request to be submitted in accordance with Section 77-38b-202.

(4)(4)(a) (a) The responsible prosecuting agency may provide initial and subsequent notices in any reasonable manner, including telephonically, electronically, orally, or by means of- a74 letter- orEnrolled formCopy preparedS.B. for this purpose.

30 of a letter or form prepared for this purpose.

(5)(5)(a) (a) The court shall take reasonable measures to ensure that its scheduling practices for the proceedings provided in Subsections 77-38-2(5)(a) through (g) permit an opportunity for victims of crimes to be notified.

(7)(7)(a) (a) Notice to a victim of a crime shall be provided by the Board of Pardons and Parole for the important criminal justice hearing under Subsection 77-38-2(5)(h).

- 77 - SB0030 compared with SB0030S01 (9) To facilitate the payment of restitution and the notice of hearings regarding restitution, a victim who seeks restitution and notice of restitution hearings shall provide the court with the victim's current address and telephone number.

(10)(10)(a) (a) Law enforcement and criminal justice agencies shall refer any requests for notice or information about crime victim rights from victims to the responsible prosecuting agency.

(b) In a case in which the Board of Pardons and Parole is involved, the responsible prosecuting agency shall forward any request for notice the prosecuting agency has received- from75 a- victimS.B. to the Board of Pardons and Parole.

30 Enrolled Copy received from a victim to the Board of Pardons and Parole.

(12)(12)(a) (a) A victim's address, telephone number, and victim impact statement maintained by a peace officer, prosecuting agency, Youth Parole Authority, Division of Juvenile Justice and Youth Services, Department of Corrections, Utah State Courts, and Board of Pardons and Parole, for purposes of providing notice under this section, are classified as protected under Subsection 63G-2-305(10).

(14)(14)(a) - 78 - SB0030 compared with SB0030S01 (a) When a defendant is charged with a felony crime under Sections 76-5-301 through [76-5-310.1] 76-5-317 regarding kidnapping, human trafficking, and human smuggling;

and (iii)- ordering76 any- otherEnrolled reliefCopy thatS.B. the court considers necessary to protect and provide for the safety of the victim and any designated family or household member of the victim.

30 (iii) ordering any other relief that the court considers necessary to protect and provide for the safety of the victim and any designated family or household member of the victim.

(c)(c)(i) (i) The court shall provide to the victim a certified copy of any pretrial criminal no contact order that has been issued if the victim can be located with reasonable effort.

(15)(15)(a) (a) When a case involving a victim may resolve before trial with a plea deal, the prosecutor shall notify the victim of that possibility as soon as practicable.

77-38-601.77-38-601 .

- 79 - SB0030 compared with SB0030S01 (2) "Actual address" means the residential street address of the program participant that is stated in a program participant's application for enrollment or on a notice of a change of address under Section 77-38-610.

(7)- "Domestic77 violence"- meansS.B. the same as that term is defined in Section 77-36-1.

30 Enrolled Copy (7) "Domestic violence" means the same as that term is defined in Section 77-36-1.

(10)(10)(a) (a) "Mail" means first class letters or flats delivered by the United States Postal Service, including priority, express, and certified mail.

- 80 - SB0030 compared with SB0030S01 (15) "Program participant" means an individual who is enrolled under Section 77-38-606 by the commission to participate in the program.

(17)(17)(a) (a) "Sexual offense" means:

(19) "State or local government entity" means a county, municipality, higher education institution,- special78 district,- specialEnrolled serviceCopy district,S.B. or any other political subdivision of the state or an administrative subunit of the executive, legislative, or judicial branch of this state, including:

30 institution, special district, special service district, or any other political subdivision of the state or an administrative subunit of the executive, legislative, or judicial branch of this state, including:

78B-3-113.78B-3-113 .

- 81 - SB0030 compared with SB0030S01 (iv) human trafficking of a child for commercial sexual exploitation under Section 76-5-308.6;

(2)- A79 victim- hasS.B. a right of action against a person that committed a human trafficking offense against the victim to recover:

30 Enrolled Copy (2) A victim has a right of action against a person that committed a human trafficking offense against the victim to recover:

- 82 - SB0030 compared with SB0030S01 (5) The court shall credit any restitution paid by the person to the victim as described in Subsection 77-38b-303(5)(b).

(7)(7)(a) (a) Notwithstanding Chapter 3a, Venue for Civil Actions, a victim shall bring an action under this section in the county in which:

(9)- This80 section- doesEnrolled notCopy precludeS.B. any other remedy available to the victim under the laws of this state or under federal law.

30 (9) This section does not preclude any other remedy available to the victim under the laws of this state or under federal law.

78B-7-201.78B-7-201 .

or (d) human trafficking of a child for commercial sexual exploitation under Section [76-5-308.5][ 76-5-308.5] 76-5-308.6.

- 83 - SB0030 compared with SB0030S01 (5) "Protective order" means:

78B-7-502.78B-7-502 .

(3)(3)(a) (a) "Sexual violence" means the commission or the attempt to commit:

or (iii)- aggravated81 human- traffickingS.B. for [forced] commercial sexual exploitation under Section [76-5-310] 76-5-310.2.

30 Enrolled Copy (iii) aggravated human trafficking for [forced] commercial sexual exploitation under Section [76-5-310] 76-5-310.2.

80-1-102.80-1-102 .

-(1)(a) 84 - SB0030 compared with SB0030S01 (1) (a) "Abuse" means:

(i)(i)(A) (A) nonaccidental harm of a child;

(F) human trafficking of a child for commercial sexual exploitation in violation of sectionSection 76-5-308.6;

(A)- in82 self-defense;- Enrolled Copy S.B.

30 (A) in self-defense;

or (D) to remove a weapon in the possession of a child for any of the reasons described in Subsections (1)(1)(b)(iii)(A) (b)(iii)(A) through (C).

(3)(3)(a) (a) "Adjudication" means, except as provided in Subsection (3)(b):

- 85 - SB0030 compared with SB0030S01 (B) an admission by a minor in the juvenile court as described in Section 80-6-306;

(4)(4)(a) (a) "Adult" means an individual who is 18 years old or older.

(11)- "Child83 protection- team"S.B. means a team consisting of:

30 Enrolled Copy (11) "Child protection team" means a team consisting of:

and - 86 - SB0030 compared with SB0030S01 (h) any other individuals determined appropriate and necessary by the team coordinator and chair.

(12)(12)(a) (a) "Chronic abuse" means repeated or patterned abuse.

(13)(13)(a) (a) "Chronic neglect" means repeated or patterned neglect.

(20)- "Department"84 means- theEnrolled DepartmentCopy ofS.B. Health and Human Services created in Section 26B-1-201.

30 (20) "Department" means the Department of Health and Human Services created in Section 26B-1-201.

- 87 - SB0030 compared with SB0030S01 (25) "Detention risk assessment tool" means an evidence-based tool established under Section 80-5-203 that:

(33)- "Formal85 probation"- meansS.B. a minor is:

30 Enrolled Copy (33) "Formal probation" means a minor is:

- 88 - SB0030 compared with SB0030S01 (a) marriage;

(40)(40)(a) (a) "Incest" means engaging in sexual intercourse with an individual whom the perpetrator knows to be the perpetrator's ancestor, descendant, brother, sister, uncle, aunt, nephew, niece, or first cousin.

(i) blood relationships of the whole or half blood, regardless of whether the relationship- is86 legally- recognized;Enrolled Copy S.B.

30 relationship is legally recognized;

- 89 - SB0030 compared with SB0030S01 (44) "Indigent defense services" means the same as that term is defined in Section 78B-22-102.

(46)(46)(a) (a) "Intake probation" means a minor is:

(52)- "Licensing87 Information- System"S.B. means the Licensing Information System maintained by the Division of Child and Family Services under Section 80-2-1002.

30 Enrolled Copy (52) "Licensing Information System" means the Licensing Information System maintained by the Division of Child and Family Services under Section 80-2-1002.

- 90 - SB0030 compared with SB0030S01 (i) the current edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association;

(i)(i)(A) (A) who is at least 18 years old and younger than 21 years old;

(ii)(ii)(A) (A) who is at least 18 years old and younger than 25 years old;

or (iii)(iii)(A) (A) who is at least 18 years old and younger than 21 years old;

(58)(58)(a) (a) "Neglect" means action or inaction causing:

(i) abandonment of a child, except as provided in Chapter 4, Part 5, Safe Relinquishment- of88 a- NewbornEnrolled Child;Copy S.B.

30 Relinquishment of a Newborn Child;

- 91 - SB0030 compared with SB0030S01 (iii) failure or refusal of a parent, guardian, or custodian to provide proper or necessary subsistence or medical care, or any other care necessary for the child's health, safety, morals, or well-being;

and (b)(b)(i) (i) the minor;

or (ii)- the89 minor- andS.B. the minor's parent, guardian, or custodian.

-30 92Enrolled -Copy SB0030(ii) comparedthe withminor SB0030S01and (61)the "Notminor's competentparent, toguardian, proceed" means that a minor, due to a mental illness, intellectual disability or relatedcustodian. condition, or developmental immaturity, lacks the ability to:

(61) "Not competent to proceed" means that a minor, due to a mental illness, intellectual disability or related condition, or developmental immaturity, lacks the ability to:

(62)(62)(a) (a) "Parent" means, except as provided in Section 80-3-302, an individual with a parent-child relationship to a minor under Section 81-5-201.

(65)(65)(a) (a) "Probation" means a legal status created by court order, following an adjudication under Section 80-6-701, whereby the minor is permitted to remain in the minor's home under prescribed conditions.

- 93 - SB0030 compared with SB0030S01 (i) help the cohabitant develop recognition of the cohabitant's duty of care and of the causes of neglect or abuse;

and (c)- in90 cases- whereEnrolled theCopy child'sS.B. welfare is endangered:

30 (c) in cases where the child's welfare is endangered:

(70)(70)(a) (a) "Related condition" means a condition that:

(71)(71)(a) (a) "Residual parental rights and duties" means the rights and duties remaining with a parent after legal custody or guardianship, or both, have been vested in another person or agency, including:

and - 94 - SB0030 compared with SB0030S01 (iv) the right to reasonable parent-time unless restricted by the court.

and (iii)- major91 medical,- surgical,S.B. or psychiatric treatment.

30 Enrolled Copy (iii) major medical, surgical, or psychiatric treatment.

(79)(79)(a) (a) "Severe type of child abuse or neglect" means, except as provided in Subsection (79)(b):

- 95 - SB0030 compared with SB0030S01 (A) chronic abuse;

(F)- chronic92 neglect;- Enrolled Copy S.B.

30 (F) chronic neglect;

(80)(80)(a) (a) "Sexual abuse" means:

- 96 - SB0030 compared with SB0030S01 (B) the children are related, as described in Subsection (40), including siblings by marriage while the marriage exists or by adoption;

(A)- Title93 76,- ChapterS.B. 5, Part 4, Sexual Offenses;

30 Enrolled Copy (A) Title 76, Chapter 5, Part 4, Sexual Offenses;

or (c) engaging in any conduct that would constitute an offense under Section 76-5b-201, sexual exploitation of a minor, or Section 76-5b-201.1, aggravated sexual exploitation of a minor, - 97 - SB0030 compared with SB0030S01 regardless of whether the individual who engages in the conduct is actually charged with, or convicted of, the offense.

(84) "Significant risk" means a risk of harm that is determined to be significant in accordance with risk assessment tools and rules established by the Division of Child and Family Services in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking- Act,94 that- focusEnrolled on:Copy S.B.

30 Rulemaking Act, that focus on:

- 98 - SB0030 compared with SB0030S01 (90) "Supported" means a finding by the Division of Child and Family Services based on the evidence available at the completion of an investigation, and separate consideration of each allegation made or identified during the investigation, that there is a reasonable basis to conclude that abuse, neglect, or dependency occurred.

(a) an individual employed by a state division or agency for the purpose of conducting psychological treatment and counseling of a minor in the division's or agency's custody;- 95 - S.B.

30 Enrolled Copy custody;

- 99 - SB0030 compared with SB0030S01 (99) "Without merit" means a finding at the completion of an investigation by the Division of Child and Family Services, or a judicial finding, that the alleged abuse, neglect, or dependency did not occur, or that the alleged perpetrator was not responsible for the abuse, neglect, or dependency.

80-2-301.80-2-301 .

(1)- The96 division- isEnrolled theCopy child,S.B. youth, and family services authority of the state.

30 (1) The division is the child, youth, and family services authority of the state.

- 100 - SB0030 compared with SB0030S01 (vii) protective services to victims of domestic violence and the victims' children, in accordance with this chapter, Chapter 2a, Removal and Protective Custody of a Child, and Chapter 3, Abuse, Neglect, and Dependency Proceedings;

(c)- establish97 standards- forS.B. all:

30 Enrolled Copy (c) establish standards for all:

(f) in accordance with Subsection (5)(a), promote and enforce state and federal laws enacted for the protection of abused, neglected, or dependent children, in accordance with this chapter and Chapter - 101 - SB0030 compared with SB0030S01 2a, Removal and Protective Custody of a Child, unless administration is expressly vested in another division or department of the state;

(j)- within98 appropriations- fromEnrolled theCopy Legislature,S.B. provide or contract for a variety of domestic violence services and treatment methods;

30 (j) within appropriations from the Legislature, provide or contract for a variety of domestic violence services and treatment methods;

- 102 - SB0030 compared with SB0030S01 (p) when a division child welfare caseworker identifies a safety concern with the foster home, cooperate with the Office of Licensing and make a recommendation to the Office of Licensing concerning whether the foster home's license should be placed on conditions, suspended, or revoked;

(3)(3)(a) (a) The division may provide, directly or through contract, services that include the following:

(iv)- health-related99 services;- S.B.

30 Enrolled Copy (iv) health-related services;

(c)(c)(i) (i) Except as provided in Subsection (3)(c)(ii), if the division provides a service through a private contract, the division shall post the name of the service provider on the division's website.

(4)(4)(a) (a) The division may:

and - 103 - SB0030 compared with SB0030S01 (iv) appeal to the public for funds to meet needs of applicants or consumers of division services that are not otherwise provided by law, including Sub-for-Santa programs, recreational programs for minors, and requests for household appliances and home repairs.

(5)(5)(a) (a) In carrying out the requirements of Subsection (2)(f), the division shall:

and (iii)- make100 expenditures- necessaryEnrolled forCopy theS.B. care and protection of the children described in Subsection (5)(a)(ii), within the division's budget.

30 (iii) make expenditures necessary for the care and protection of the children described in Subsection (5)(a)(ii), within the division's budget.

(7)(7)(a) (a) Except as provided in Subsection (7)(b), the division may not:

- 104 - SB0030 compared with SB0030S01 (b) Notwithstanding Subsection (7)(a)(ii), the division may refer an individual who is receiving services from the division for drug testing by means of a saliva test if:

80-3-406.80-3-406 .

(2)(2)(a) (a) The concurrent permanency plan shall include:

(i) a representative list of the conditions under which the primary permanency plan will- be101 abandoned- inS.B. favor of the concurrent permanency plan;

30 Enrolled Copy will be abandoned in favor of the concurrent permanency plan;

(3)(3)(a) (a) The juvenile court may amend a minor's primary permanency plan before the establishment of a final permanency plan under Section 80-3-409.

- 105 - SB0030 compared with SB0030S01 (c) If, at any time, the juvenile court determines that reunification is no longer a minor's primary permanency plan, the juvenile court shall conduct a permanency hearing in accordance with Section 80-3-409 on or before the earlier of:

(4)(4)(a) (a) Because of the state's interest in and responsibility to protect and provide permanency for minors who are abused, neglected, or dependent, the Legislature finds that a parent's interest in receiving reunification services is limited.

(i)- assertion102 that- theEnrolled minor'sCopy genderS.B. identity is different from the minor's biological sex;

30 (i) assertion that the minor's gender identity is different from the minor's biological sex;

- 106 - SB0030 compared with SB0030S01 (b) subject to Subsection (6)(a), the parent is suffering from a mental illness of such magnitude that the mental illness renders the parent incapable of utilizing reunification services;

or (v)(v)(A) (A) intentionally, knowingly, or recklessly causes the death of another parent of the minor;

(B) is identified by a law enforcement agency as the primary suspect in an investigation for intentionally, knowingly, or recklessly causing the death of another- parent103 of- theS.B. minor;

30 Enrolled Copy another parent of the minor;

- 107 - SB0030 compared with SB0030S01 (k) except as provided in Subsection (6)(b), with respect to a parent who is the minor's birth mother, the minor has fetal alcohol syndrome, fetal alcohol spectrum disorder, or was exposed to an illegal or prescription drug that was abused by the minor's mother while the minor was in utero, if the minor was taken into division custody for that reason, unless the mother agrees to enroll in, is currently enrolled in, or has recently and successfully completed a substance use disorder treatment program approved by the department;

(6)(6)(a) (a) The juvenile court shall base the finding under Subsection (5)(b) on competent evidence from at least two medical or mental health professionals, who are not associates, establishing that, even with the provision of services, the parent is not likely to be capable of adequately caring for the minor within 12 months after the day on which the juvenile court finding is made.

(b) The juvenile court may disregard the provisions of Subsection (5)(k) if the juvenile court- finds,104 under- theEnrolled circumstancesCopy ofS.B. the case, that the substance use disorder treatment described in Subsection (5)(k) is not warranted.

30 court finds, under the circumstances of the case, that the substance use disorder treatment described in Subsection (5)(k) is not warranted.

- 108 - SB0030 compared with SB0030S01 (8) If, under Subsections (5)(b) through (l), the juvenile court does not order reunification services, a permanency hearing shall be conducted within 30 days in accordance with Section 80-3-409.

(9)(9)(a) (a) Subject to Subsections (9)(b) through (e), if the juvenile court determines that reunification services are appropriate for the minor and the minor's family, the juvenile court shall provide for reasonable parent-time with the parent or parents from whose custody the minor was removed, unless parent-parent-time time is not in the best interest of the minor.

or (ii) comply with an aspect of the child and family plan that is ordered by the juvenile court.- 105 - S.B.

30 Enrolled Copy court.

(e)(e)(i) (i) The division or the person designated by the division or a court to supervise a parent-time session may deny parent-time for the session if the division or the supervising person determines that, based on the parent's condition, it is necessary to deny parent-time to:

- 109 - SB0030 compared with SB0030S01 (ii) In determining whether the condition of the parent described in Subsection (9)(e)(i) will traumatize a child, the division or the person supervising the parent-time session shall consider the impact that the parent's condition will have on the child in light of:

(10)(10)(a) (a) If the juvenile court determines that reunification services are appropriate, the juvenile court shall order that the division make reasonable efforts to provide services to the minor and the minor's parent for the purpose of facilitating reunification of the family, for a specified period of time.