HB 221 — Coercion Amendments

(b) "Application" means a background check application to the office.

(c) "Bureau" means the Bureau of Criminal Identification within the Department of Public Safety, created in Section 53-10-201.

(d) "Criminal finding" means a record of:

(i) an arrest for a criminal offense;

(ii) a warrant for a criminal arrest;

(iii) charges for a criminal offense;

or (iv) a criminal conviction.

(e) "Direct access" means that an individual has, or likely will have:

(i) contact with or access to a child or vulnerable adult by which the individual will have the opportunity for personal communication or touch with the child or vulnerable adult;

or (ii) an opportunity to view medical, financial, or other confidential personal identifying information of the child, the child's parent or legal guardian, or the vulnerable adult.

(f) (i) "Direct access qualified" means that the applicant has an eligible determination by the office within the license and renewal time period;

and (ii) no more than 180 days have passed since the date on which the applicant's association with a certification, contract, or licensee with the department expires.

(g) "Incidental care" means occasional care, not in excess of five hours per week and never overnight, for a foster child.

- 4 - HB0221 compared with HB0221S02 (h) "Licensee" means an individual or a human services program licensed by the division.

(i) "Non-criminal finding" means a record maintained in:

(i) the Division of Child and Family Services' Management Information System described in Section 80-2-1001;

(ii) the Division of Child and Family Services' Licensing Information System described in Section 80-2-1002;

(iii) the Division of Aging and Adult Services' vulnerable adult abuse, neglect, or exploitation database described in Section 26B-6-210;

(iv) juvenile court arrest, adjudication, and disposition records;

(v) the Sex, Kidnap, and Child Abuse Offender Registry described in Title 53, Chapter 29, Sex, Kidnap, and Child Abuse Offender Registry, or a national sex offender registry;

or (vi) a state child abuse or neglect registry.

(j) "Office" means the Office of Background Processing within the department.

(k) "Personal identifying information" means:

(i) current name, former names, nicknames, and aliases;

(ii) date of birth;

(iii) physical address and email address;

(iv) telephone number;

(v) driver license or other government-issued identification;

(vi) social security number;

(vii) only for applicants who are 18 years old or older, fingerprints, in a form specified by the office;

and (viii) other information specified by the office by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

(2) Except as provided in Subsection (12), an applicant or a representative shall submit the following to the office:

(a) personal identifying information;

(b) a fee established by the office under Section 63J-1-504;

(c) a disclosure form, specified by the office, for consent for:

(i) an initial background check upon association with a certification, contract, or licensee with the department;

- 5 - HB0221 compared with HB0221S02 (ii) ongoing monitoring of fingerprints and registries until no longer associated with a certification, contract, or licensee with the department for 180 days;

(iii) a background check when the office determines that reasonable cause exists;

and (iv) retention of personal identifying information, including fingerprints, for monitoring and notification as described in Subsections (3)(c) and (4);

(d) if an applicant resided outside of the United States and its territories during the five years immediately preceding the day on which the information described in Subsections (2)(a) through (c) is submitted to the office, documentation establishing whether the applicant was convicted of a crime during the time that the applicant resided outside of the United States or its territories;

and (e) an application showing an applicant's association with a certification, contract, or a licensee with the department, for the purpose of the office tracking the direct access qualified status of the applicant, which expires 180 days after the date on which the applicant is no longer associated with a certification, contract, or a licensee with the department.

(3) The office:

(a) shall perform the following duties as part of a background check of an applicant before the office grants or denies direct access qualified status to an applicant:

(i) check state and regional criminal background databases for the applicant's criminal history by:

(A) submitting personal identifying information to the bureau for a search;

or (B) using the applicant's personal identifying information to search state and regional criminal background databases as authorized under Section 53-10-108;

(ii) submit the applicant's personal identifying information and fingerprints to the bureau for a criminal history search of applicable national criminal background databases;

(iii) search the Division of Child and Family Services' Licensing Information System described in Section 80-2-1002;

(iv) search the Sex, Kidnap, and Child Abuse Offender Registry described in Title 53, Chapter 29, Sex, Kidnap, and Child Abuse Offender Registry, or a national sex offender registry for an applicant 18 years old or older;

(v) search the Division of Child and Family Services' Management Information System in Section 80-2-1001, if the applicant is:

(A) a prospective foster or adoptive parent;

(B) an employee of a congregate care program;

or - 6 - HB0221 compared with HB0221S02 (C) an adult who lives in a foster home.

(vi) search the Division of Aging and Adult Services' vulnerable adult abuse, neglect, or exploitation database described in Section 26B-6-210;

(vii) search the juvenile court records for substantiated findings of severe child abuse or neglect described in Section 80-3-404 or 80-3-504;

and (viii) search the juvenile court arrest, adjudication, and disposition records, as provided under Section 78A-6-209;

(b) may conduct all or portions of a background check in connection with determining whether an applicant is direct access qualified, as provided by rule, made by the office in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:

(i) for an annual renewal;

or (ii) when the office determines that reasonable cause exists;

(c) may submit an applicant's personal identifying information, including fingerprints, to the bureau for checking, retaining, and monitoring of state and national criminal background databases and for notifying the office of new criminal activity associated with the applicant;

(d) shall track the status of an applicant under this section to ensure that the applicant is not required to duplicate the submission of the applicant's fingerprints if the applicant is associated with more than one certification, contract, or licensee with the department;

(e) shall notify the bureau when a direct access qualified individual has not been associated with a certification, contract, or licensee with the department for a period of 180 days;

(f) shall adopt measures to strictly limit access to personal identifying information solely to the individuals responsible for processing and entering the applications for background checks and to protect the security of the personal identifying information the office reviews under this Subsection (3);

(g) as necessary to comply with the federal requirement to check a state's child abuse and neglect registry regarding any applicant working in a congregate care program, shall:

(i) search the Division of Child and Family Services' Licensing Information System described in Section 80-2-1002;

and (ii) require the child abuse and neglect registry be checked in each state where an applicant resided at any time during the five years immediately preceding the day on which the application is submitted to the office;

and - 7 - HB0221 compared with HB0221S02 (h) shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to implement the provisions of this Subsection (3) relating to background checks.

(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.

(b) With the personal identifying information and fingerprints the office submits to the bureau under Subsection (3), the bureau shall check against national criminal background databases for the applicant's criminal history.

(c) Upon direction from the office, and with the personal identifying information and fingerprints the office submits to the bureau under Subsection (3)(c), the bureau shall:

(i) maintain a separate file of the fingerprints for search by future submissions to the local and regional criminal records databases, including latent prints;

and (ii) monitor state and regional criminal background databases and identify criminal activity associated with the applicant.

(d) The bureau is authorized to submit the fingerprints to the Federal Bureau of Investigation Next Generation Identification System, to be retained in the Federal Bureau of Investigation Next Generation Identification System for the purpose of:

(i) being searched by future submissions to the national criminal records databases, including the Federal Bureau of Investigation Next Generation Identification System and latent prints;

and (ii) monitoring national criminal background databases and identifying criminal activity associated with the applicant.

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

(f) Upon notice that an individual who has direct access qualified status will no longer be associated with a certification, contract, or licensee with the department, the bureau shall:

(i) discard and destroy any retained fingerprints;

and (ii) notify the Federal Bureau of Investigation when the license has expired or an individual's direct access to a child or a vulnerable adult has ceased, so that the Federal Bureau of Investigation will discard and destroy the retained fingerprints from the Federal Bureau of Investigation Next Generation Identification System.

- 8 - HB0221 compared with HB0221S02 (5) (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:

(i) a felony or misdemeanor involving conduct that constitutes any of the following:

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

(B) a violation of any pornography law, including sexual exploitation of a minor or aggravated sexual exploitation of a minor;

(C) sexual solicitation or prostitution;

(D) a violent offense committed in the presence of a child, as described in Section 76-3-203.10;

(E) an offense included in Title 76, Chapter 5, Part 1, 2, 3, 4, or 7;

(F) an offense included in Title 76, Chapter 5b, Sexual Exploitation Act, other than Section 76-5b-206;

(G) an offense included in Title 76, Chapter 7, Offenses Against the Family;

(H) an offense included in Title 76, Chapter 12, Part 3, Privacy Offenses;

(I) an offense included in Title 76, Chapter 15, Part 3, Weapons of Mass Destruction;

(J) an offense included in Title 78B, Chapter 7, Protective Orders and Stalking Injunctions;

(K) aggravated arson, as described in Section 76-6-103;

(L) aggravated burglary, as described in Section 76-6-203;

(M) aggravated exploitation of prostitution, as described in Section 76-5d-208;

(N) aggravated robbery, as described in Section 76-6-302;

(O) endangering persons in a human services program, as described in Section 26B-2-113;

(P) failure to report, as described in Section 80-2-609;

(Q) identity fraud crime, as described in Section 76-6-1102;

(R) riot, as described in Section 76-9-101;

or (S) threatening with or using a dangerous weapon in a fight or quarrel, as described in Section 76-11-207;

or (ii) a felony or misdemeanor offense committed outside of the state that, if committed in the state, would constitute a violation of an offense described in Subsection (5)(a)(i).

(b) - 9 - HB0221 compared with HB0221S02 (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) The office shall conduct a comprehensive review of an applicant described in Subsection (5)(b)(i) in accordance with Subsection (7).

(c) Subject to Subsection (5)(d), the office shall deny direct access qualified status to an applicant who:

(i) a court order prohibits from having direct access to a child or vulnerable adult;

or (ii) is an applicant for a congregate care program and:

(A) is subject to an open investigation for a non-criminal finding;

or (B) has a supported non-criminal finding, excluding a supported finding for dependency, as defined in Section 80-1-102, within three years from the date on which the office conducts the background check.

(d) (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;

or (ii) notwithstanding Subsection (5)(c)(ii)(A), the division may grant temporary direct access qualified status to an applicant subject to a condition that the applicant is directly supervised at all times.

(6) The office shall conduct a comprehensive review of an applicant's background check if the applicant:

(a) has a felony or class A misdemeanor conviction that is more than three years from the date on which the office conducts the background check, for an offense described in Subsection (5)(a);

(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);

(c) has a felony charge or conviction that is more than 10 years from the date on which the office conducts the background check, for an offense not described in Subsection (5)(a), with criminal or non-criminal findings after the date of the felony charge or conviction;

(d) has a class B misdemeanor or class C misdemeanor conviction that is more than three years and no more than 10 years from the date on which the office conducts the background check for an offense described in Subsection (5)(a);

- 10 - HB0221 compared with HB0221S02 (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) (a), with criminal or non-criminal findings after the date of conviction;

(f) has a misdemeanor charge or conviction that is no more than three years from the date on which the office conducts the background check for an offense not described in Subsection (5)(a);

(g) has a misdemeanor charge or conviction that is more than three years from the date on which the office conducts the background check, for an offense not described in Subsection (5)(a), with criminal or non-criminal findings after the date of charge or conviction;

(h) is currently subject to a plea in abeyance or diversion agreement for an offense described in Subsection (5)(a);

(i) appears on the Sex, Kidnap, and Child Abuse Offender Registry described in Title 53, Chapter 29, Sex, Kidnap, and Child Abuse Offender Registry, or a national sex offender registry;

(j) has a record of an adjudication in juvenile court for an act that, if committed by an adult, would be a felony or misdemeanor, if the applicant is:

(i) under 28 years old;

or (ii) 28 years old or older and has been convicted of, has pleaded no contest to, or is currently subject to a plea in abeyance or diversion agreement for a felony or a misdemeanor offense described in Subsection (5)(a);

(k) has a pending charge for an offense described in Subsection (5)(a);

(l) has a supported finding that occurred no 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;

(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;

(n) has a listing that occurred no 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;

(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 - 11 - HB0221 compared with HB0221S02 exploitation database described in Section 26B-6-210, with criminal or non-criminal findings after the date of the listing;

(p) has a substantiated finding that occurred no more than 15 years from the date on which the office conducts the background check of severe child abuse or neglect under Section 80-3-404 or 80-3-504;

or (q) has a substantiated finding that occurred more than 15 years from the date on which the office conducts the background check of severe child abuse or neglect under Section 80-3-404 or 80-3-504, with criminal or non-criminal findings after the date of the listing.

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

(i) the date of the offense or incident;

(ii) the nature and seriousness of the offense or incident;

(iii) the circumstances under which the offense or incident occurred;

(iv) the age of the perpetrator when the offense or incident occurred;

(v) whether the offense or incident was an isolated or repeated incident;

(vi) whether the offense or incident directly relates to abuse of a child or vulnerable adult, including:

(A) actual or threatened, nonaccidental physical, mental, or financial harm;

(B) sexual abuse;

(C) sexual exploitation;

or (D) negligent treatment;

(vii) any evidence provided by the applicant of rehabilitation, counseling, psychiatric treatment received, or additional academic or vocational schooling completed;

(viii) the applicant's risk of harm to clientele in the program or in the capacity for which the applicant is applying;

and (ix) if the background check of an applicant is being conducted for the purpose of giving direct access qualified status to an applicant seeking a position in a congregate care program or to become a prospective foster or adoptive parent, any listing in the Division of Child and Family Services' Management Information System described in Section 80-2-1001.

- 12 - HB0221 compared with HB0221S02 (b) At the conclusion of the comprehensive review, the office shall deny direct access qualified status to an applicant if the office finds the approval would likely create a risk of harm to a child or vulnerable adult.

(8) The office shall grant direct access qualified status to an applicant who is not denied under this section.

(9) (a) The office 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:

(i) is awaiting the results of the criminal history search of national criminal background databases;

and (ii) would otherwise grant direct access qualified status to the applicant under this section.

(b) The office may conditionally grant direct access qualified status to an applicant, for a maximum of one year after the day on which the office sends written notice, without requiring that the applicant be directly supervised if the office:

(i) is awaiting the results of an out-of-state registry for providers other than foster and adoptive parents;

and (ii) would otherwise grant direct access qualified status to the applicant under this section.

(c) Upon receiving the results of the criminal history search of a national criminal background database, the office shall grant or deny direct access qualified status to the applicant in accordance with this section.

(10) (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.

(b) A licensee may not permit an individual to have direct access to a child or a vulnerable adult without being directly supervised unless:

(i) the individual is the parent or guardian of the child, or the guardian of the vulnerable adult;

(ii) the individual is approved by the parent or guardian of the child, or the guardian of the vulnerable adult, to have direct access to the child or the vulnerable adult;

- 13 - HB0221 compared with HB0221S02 (iii) the individual is only permitted to have direct access to a vulnerable adult who voluntarily invites the individual to visit;

or (iv) the individual only provides incidental care for a foster child on behalf of a foster parent who has used reasonable and prudent judgment to select the individual to provide the incidental care for the foster child.

(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 application in accordance with this section.

(11) If the office denies direct access qualified status to an applicant, the applicant may request a hearing in the department's Office of Administrative Hearings to challenge the office's decision.

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

(b) A program director or a member, as defined in Section 26B-2-105, of the licensee shall comply with this section.

(c) The office shall conduct a comprehensive review for an applicant if:

(i) the applicant is seeking a position:

(A) as a peer support provider;

(B) as a mental health professional;

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

and (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) (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.

(b) As federally required, the office shall:

- 14 - HB0221 compared with HB0221S02 (i) check the child abuse and neglect registry in each state where each applicant resided in the five years immediately preceding the day on which the applicant applied to be a foster or adoptive parent, to determine whether the prospective foster or adoptive parent is listed in the registry as having a substantiated or supported finding of child abuse or neglect;

and (ii) except for applicants seeking a position in a congregate care program, check the child abuse and neglect registry in each state where each adult living in the home of the prospective foster or adoptive home resided in the five years immediately preceding the day on which the applicant applied to be a foster or adoptive parent, to determine whether the adult is listed in the registry as having a substantiated or supported finding of child abuse or neglect.

(c) The requirements described in Subsection (13)(b) do not apply to the extent that:

(i) federal law or rule permits otherwise;

or (ii) the requirements would prohibit the Division of Child and Family Services or a court from placing a child with:

(A) a noncustodial parent under Section 80-2a-301, 80-3-302, or 80-3-303;

or (B) a relative, other than a noncustodial parent, under Section 80-2a-301, 80-3-302, or 80-3-303, pending completion of the background check described in Subsections (5), (6), and (7).

(d) Notwithstanding Subsections (5) through (10), the office shall deny direct access qualified status if the applicant has been convicted of:

(i) a felony involving conduct that constitutes any of the following:

(A) child abuse, as described in Section 76-5-109;

(B) aggravated child abuse, as described in Section 76-5-109.2;

(C) child abandonment, as described in Section 76-5-109.3;

(D) child torture, as described in Section 76-5-109.4;

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

(F) abuse or neglect of a child with a disability, as described in Section 76-5-110;

(G) intentional aggravated abuse of a vulnerable adult, as described in Section 76-5-111;

(H) endangerment of a child or vulnerable adult, as described in Section 76-5-112.5;

(I) aggravated murder, as described in Section 76-5-202;

(J) murder, as described in Section 76-5-203;

(K) manslaughter, as described in Section 76-5-205;

(L) aiding or encouraging suicide, as described in Section 76-5-210;

- 15 - HB0221 compared with HB0221S02 [(L)] (M) child abuse homicide, as described in Section 76-5-208;

[(M)] (N) homicide by assault, as described in Section 76-5-209;

[(N)] (O) kidnapping, as described in Section 76-5-301;

[(O)] (P) child kidnapping, as described in Section 76-5-301.1;

[(P)] (Q) aggravated kidnapping, as described in Section 76-5-302;

[(Q)] (R) human trafficking of a child, as described in Section 76-5-308.5;

[(R)] (S) 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;

[(S)] (T) sexual exploitation of a minor, as described in Title 76, Chapter 5b, Sexual Exploitation Act;

[(T)] (U) aggravated exploitation of a minor, as described in Section 76-5b-201.1;

[(U)] (V) aggravated arson, as described in Section 76-6-103;

[(V)] (W) aggravated burglary, as described in Section 76-6-203;

[(W)] (X) aggravated robbery, as described in Section 76-6-302;

[(X)] (Y) incest, as described in Section 76-7-102;

or [(Y)] (Z) domestic violence, as described in Section 77-36-1;

or (ii) an offense committed outside the state that, if committed in the state, would constitute a violation of an offense described in Subsection (13)(d)(i).

(e) Notwithstanding Subsections (5) through (10), the office shall deny direct access qualified status to an applicant if, within the five years from the date on which the office conducts the background check, the applicant was convicted of a felony involving conduct that constitutes a violation of any of the following:

(i) aggravated assault, as described in Section 76-5-103;

(ii) aggravated assault by a prisoner, as described in Section 76-5-103.5;

(iii) mayhem, as described in Section 76-5-105;

(iv) an offense described in Title 58, Chapter 37, Utah Controlled Substances Act;

(v) an offense described in Title 58, Chapter 37a, Utah Drug Paraphernalia Act;

(vi) an offense described in Title 58, Chapter 37b, Imitation Controlled Substances Act;

(vii) an offense described in Title 58, Chapter 37c, Utah Controlled Substance Precursor Act;

or (viii) an offense described in Title 58, Chapter 37d, Clandestine Drug Lab Act.

(f) In addition to the circumstances described in Subsection (6), the office shall conduct a comprehensive review of an applicant's background check under this section if the applicant:

- 16 - HB0221 compared with HB0221S02 (i) has an offense described in Subsection (5)(a);

(ii) has an infraction conviction entered on a date that is no more than three years before the date on which the office conducts the background check;

(iii) has a listing in the Division of Child and Family Services' Licensing Information System described in Section 80-2-1002;

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

(v) has a substantiated finding of severe child abuse or neglect under Section 80-3-404 or 80-3-504;

or (vi) has a listing on the registry check described in Subsection (13)(b) as having a substantiated or supported finding of a severe type of child abuse or neglect, as defined in Section 80-1-102.

(14) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the office may make rules, consistent with this part, to:

(a) establish procedures for, and information to be examined in, the comprehensive review described in Subsections (6), (7), and (13);

and (b) determine whether to consider an offense or incident that occurred while an individual was in the custody of the Division of Child and Family Services or the Division of Juvenile Justice and Youth Services for purposes of granting or denying direct access qualified status to an applicant.

53-10-115.53-10-115 .

(4) Each law enforcement agency in the state shall provide the information required by the division- for2 inclusion- inEnrolled theCopy databaseH.B. for each open investigation.

The221 lawdivision enforcementfor agencyinclusion shallin maintain - 17 - HB0221 compared with HB0221S02 the physicaldatabase evidence and investigation file for each caseopen unlessinvestigation. otherwise agreed to by the law enforcement agency and the division.

The law enforcement agency shall maintain the physical evidence and investigation file for each case unless otherwise agreed to by the law enforcement agency and the division.

53-29-202.53-29-202 .

(xix)- sexual3 abuse- ofH.B. a child under Section 76-5-404.1;

-221 18Enrolled -Copy HB0221(xix) compared with HB0221S02 (xx) aggravated sexual abuse of a child under Section 76-5-404.3;76-5-404.1;

(xx) aggravated sexual abuse of a child under Section 76-5-404.3;

- 19 - HB0221 compared with HB0221S02 [(xxxviii)] (xxxix) human trafficking of a child for labor under Subsection 76-5-308.5(4)(a), if the offender was not the natural parent of the child victim;

[(xxxix)]- (xl)4 aggravated- humanEnrolled traffickingCopy forH.B. labor under Section 76-5-310, if the offender was not the natural parent of the child victim;

221 [(xxxix)] (xl) aggravated human trafficking for labor under Section 76-5-310, 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;

(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) - 20 - HB0221 compared with HB0221S02 (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) 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- an5 offense- thatH.B. is not substantially equivalent to an offense listed in Subsection (1)(a);

221 Enrolled Copy 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);

(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)] (xxxiii);

or - 21 - HB0221 compared with HB0221S02 (ii) meets a requirement described in Subsections (1)(b) through (e) for an offense described in Subsections (1)(a)(iii) through [(xxxii)] (xxxiii) or a substantially equivalent offense;

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

(3) An individual who has committed a registrable offense described in Subsection (1)(d)(ii)(B)- in6 an- externalEnrolled jurisdictionCopy thatH.B. is not substantially equivalent to an offense described in Subsection (1)(a) and is required to register on a sex, kidnap, and child abuse registry, or an equivalent registry, in the individual's state of residence is a child abuse offender, sex offender, or kidnap offender based on the individual's status on the registry in the individual's state of residence.

221 (1)(d)(ii)(B) in an external jurisdiction that is not substantially equivalent to an offense described in Subsection (1)(a) and is required to register on a sex, kidnap, and child abuse registry, or an equivalent registry, in the individual's state of residence is a child abuse offender, sex offender, or kidnap offender based on the individual's status on the registry in the individual's state of residence.

53-29-203.53-29-203 .

- 22 - HB0221 compared with HB0221S02 (vi) human smuggling under Section 76-5-308.3, if the offender was not the natural parent of the child victim;

(xii)- sexual7 abuse- ofH.B. a minor under Section 76-5-401.1;

221 Enrolled Copy (xii) sexual abuse of a minor under Section 76-5-401.1;

- 23 - HB0221 compared with HB0221S02 (A) aggravated kidnapping under Section 76-5-302, if the offender was not the natural parent of the child victim;

(H)- sexual8 exploitation- ofEnrolled aCopy minorH.B. under Section 76-5b-201;

221 (H) sexual exploitation of a minor under Section 76-5b-201;

- 24 - HB0221 compared with HB0221S02 (G) aggravated sexual abuse of a child under Section 76-5-404.3;

(viii)- forcible9 sodomy- underH.B. Section 76-5-403;

221 Enrolled Copy (viii) forcible sodomy under Section 76-5-403;

(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.

- 25 - HB0221 compared with HB0221S02 (b) In determining whether an offense committed by an offender involves force or coercion under Subsection (3)(a), the sentencing court shall consider:

or (B) distributed, produced, or possessed by the offender at the time of the offense, that- involved10 force- orEnrolled coercionCopy againstH.B. a victim depicted in the child sexual abuse material;

221 that involved force or coercion against a victim depicted in the child sexual abuse material;

53-29-205.53-29-205 .

- 26 - HB0221 compared with HB0221S02 (b) the offender successfully completed all treatment ordered by the court or the Board of Pardons and Parole relating to the offense;

(d)- the11 day- onH.B. which the offender entered a community-based residential program;

221 Enrolled Copy (d) the day on which the offender entered a community-based residential program;

- 27 - HB0221 compared with HB0221S02 (m) forcible sexual abuse under Section 76-5-404;

(i)- recorded12 or- photographedEnrolled voyeurismCopy underH.B. Section 76-12-307;

221 (i) recorded or photographed voyeurism under Section 76-12-307;

or - 28 - HB0221 compared with HB0221S02 (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:

(a)- does13 not- haveH.B. a lifetime registration requirement on the external jurisdiction's sex, kidnap, or child abuse offender registry, or an equivalent registry;

221 Enrolled Copy (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-9-207.53G-9-207 .

(a)(a)(i) (i) "Age-appropriate instructional material" means materials that provide instruction on:

- 29 - HB0221 compared with HB0221S02 (B) gives instruction regarding consent as described in Section 76-5-406;

(2) The state board shall approve, in partnership with the Department of Health and Human Services, age-appropriate instructional materials for the training and instruction described- in14 Subsections- (3)Enrolled (a)Copy andH.B. (4).

(3)221 (a)described Anin LEASubsections shall(3)(a) provide, once every three years, training and instruction(4). on child sexual abuse and human trafficking prevention and awareness to:

(3)(a) An LEA shall provide, once every three years, training and instruction on child sexual abuse and human trafficking prevention and awareness to:

(B) identifying children who are victims or may be at risk of becoming victims of human trafficking or commercial sexual exploitation;[ {[} and] (C) the mandatory reporting requirements described in Sections 53E-6-701 and 80-2-602;

-(4)(a) 30 - HB0221 compared with HB0221S02 (4) (a) In accordance with Subsections (4)(b) and (5), an LEA may provide instruction on child sexual abuse and human trafficking prevention and awareness to elementary school students using age-age-appropriate appropriate curriculum.

(5)(5)(a) (a) An elementary school student may not be given the instruction described in Subsection (4) unless the parent of the student is:

(A)- instruction15 and- theH.B. content of the instruction;

221 Enrolled Copy (A) instruction and the content of the instruction;

and - 31 - HB0221 compared with HB0221S02 (iv) additional information the state board requests.

(9) Subject to legislative appropriation, there is created a grant program to support an LEA that chooses to use an alternative provider other than the provider selected by the state board- under16 Subsection- (8)Enrolled toCopy provideH.B. the training and instruction described in Subsection (4).

221 board under Subsection (8) to provide the training and instruction described in Subsection (4).

76-1-301.76-1-301 .

- 32 - HB0221 compared with HB0221S02 (c) murder under Section 76-5-203;

(d)- manslaughter17 under- SectionH.B. 76-5-205;

221 Enrolled Copy (d) manslaughter under Section 76-5-205;

(f) aiding or encouraging suicide under Section {76-5-210} 76-5-211;

76-3-406.5.76-3-406.5 .

(b) murder under Section 76-5-203;[ or] - 33 - HB0221 compared with HB0221S02 (c) manslaughter under Section 76-5-205[.] ;

or (d) aiding or encouraging suicideundersuicide under Section 76-5-211.

(4)- The18 sentencing- courtEnrolled shallCopy considerH.B. the aggravating factor in Subsection (2) in sentencing [a person] an actor convicted of:

221 (4) The sentencing court shall consider the aggravating factor in Subsection (2) in sentencing [a person] an actor convicted of:

76-5-205.76-5-205 .

ManslaughterManslaughter. {-- Penalties} .

(1)(1)[(a) [(a) As used in this section:] [(i)[(i)(A) (A) "Aid" means the act of providing the physical means.] [(B) "Aid" does not include the withholding or withdrawal of life sustaining treatment procedures to the extent allowed under Title 75A, Chapter 3, Health Care Decisions, or any other laws of this state.] [(ii) "Practitioner" means an individual currently licensed, registered, or otherwise authorized by law to administer, dispense, distribute, or prescribe medications or procedures in the course of professional practice.] [(iii) "Provides" means to administer, prescribe, distribute, or dispense.] [(b)] Terms defined in Section 76-1-101.5 apply to this section.

(4)(4)(a) (a) In addition to the penalty described under this section or any other section, [a defendant] an actor who is convicted of violating this section shall have the [defendant's][ defendant's] actor's driver license revoked under Section 53-3-220 if the death of another individual results from driving a motor vehicle.

- 34 - HB0221 compared with HB0221S02 (b) The court shall forward the report of the conviction resulting from driving a motor vehicle to the Driver License Division in accordance with Section 53-3-218.

[(5)[(5)(a) (a) A practitioner does not violate Subsection (2)(b) if the practitioner provides medication or a procedure to treat an individual's illness or relieve an individual's pain or discomfort, regardless of whether the medication or procedure may hasten or increase the risk of death to the individual to whom the practitioner provides the medication or procedure.] [(b)- Notwithstanding19 Subsection- (5)(a),H.B. a practitioner violates Subsection (2)(b) if the practitioner intentionally and knowingly provides the medication or procedure to aid the individual to commit suicide or attempt to commit suicide.] Section 10.

Section221 10Enrolled isCopy enacted[(b) Notwithstanding Subsection (5)(a), a practitioner violates Subsection (2)(b) if the practitioner intentionally and knowingly provides the medication or procedure to read:aid the individual to commit suicide or attempt to commit suicide.] Section 9.

76-5-210.Section 76-5-211 is enacted to read:

76-5-211 .

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

(i)(i)(A) (A) "Aid" means the act of providing the physical means.

(B) "Aid" does not include the withholding or withdrawal of life sustaining treatment procedures to the extent allowed under Title 75A, Chapter 3, Health Care Decisions, or any other laws of this state.

(ii) "Practitioner" means an individual currently licensed, registered, or otherwise authorized by law to administer, dispense, distribute, or prescribe medications or procedures in the course of professional practice.

(iii) "Provides" means to administer, prescribe, distribute, or dispense.

(b) Terms defined in Section 76-1-101.5 apply to this section.

(2) An actor commits aiding or encouraging suicide if:

(a) the actor intentionally, and with knowledge that another individual intends to commit suicide or attempt to commit suicide, aids the individual to commit suicide;

or (b) (i) the actor, on four or more separate occasions, intentionally encourages another individual to commit suicide;

- 35 - HB0221 compared with HB0221S02 (ii) the actor is reckless as to whether the actor's course of conduct described in Subsection (2)(b)(i) would imminently cause the individual to commit or attempt to commit suicide after a fourth or subsequent encouragement to commit suicide;

and (iii) the individual described in Subsection (2)(b)(i) commits or attempts to commit suicide.

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

(4) (a) A practitioner does not violate Subsection (2)(a) if the practitioner provides medication or a procedure to treat an individual's illness or relieve an individual's pain or discomfort, regardless of whether the medication or procedure may hasten or increase the risk of death to the individual to whom the practitioner provides the medication or procedure.

(b) Notwithstanding Subsection (4)(a), a practitioner violates Subsection (2)(a) if the practitioner knowingly provides the medication or procedure to aid the individual to commit suicide or attempt to commit suicide.

Section 9.

Section 9 is enacted to read:

76-5-211.

Aiding or encouraging suicide.

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

(i) (A) "Aid" means the act of providing the physical means.

or (b)(b)(i) - 36 - HB0221 compared with HB0221S02 (i) the actor, on four or more separate occasions, intentionally encourages another individual to die by suicide;

(5)(5)(a) (a) A practitioner does not violate Subsection (2)(a) if the practitioner provides medication or a procedure to treat an individual's illness or relieve an individual's pain or discomfort, regardless of whether the medication or procedure may hasten or increase- the20 risk- ofEnrolled deathCopy toH.B. the individual to whom the practitioner provides the medication or procedure.

221 increase the risk of death to the individual to whom the practitioner provides the medication or procedure.

76-5b-204.76-5b-204 .

Sexual extortionextortion. {-- Penalties} .

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

- 37 - HB0221 compared with HB0221S02 (b) Terms defined in Section 76-1-101.5 apply to this section.

(2)(2)[(a)] [(a)] An actor commits the offense of sexual extortion if the actor:

or (B) declines to remove or retract from an account managed by the actor on any website, application, or other electronic sharing platform, an intimate image or counterfeit- intimate21 image- ofH.B. the victim previously posted or shared on the website, application, or other electronic sharing platform;

221 Enrolled Copy counterfeit intimate image of the victim previously posted or shared on the website, application, or other electronic sharing platform;

- 38 - HB0221 compared with HB0221S02 (i) [ ]communicates, by any means, a threat to distribute an intimate image[,] or counterfeit intimate image[, or video] of the victim[.] ;

[(b) An actor commits aggravated sexual extortion when, in conjunction with the offense described in Subsection (2)(a), any of the following circumstances have been charged and admitted or found true in the action for the offense:] [(i) the victim is a child or vulnerable adult;] [(ii) the offense was committed by the use of a dangerous weapon or by violence, intimidation,- menace,22 fraud,- orEnrolled threatCopy ofH.B. physical harm, or was committed during the course of a kidnapping;] [(iii) the victim suffered bodily injury or severe psychological injury during, or as a result of, the offense;] [(iv) the actor was a stranger to the victim, or became a friend of the victim, for the purpose of committing the offense;] [(v) the actor, before sentencing for the offense, was previously convicted of any sexual offense;] [(vi) the actor occupied a position of special trust in relation to the victim;] [(vii) the actor encouraged, aided, allowed, or benefitted from acts of prostitution or sexual acts by the victim with any other individual, or sexual performance by the victim before any other individual, human trafficking, or human smuggling;

or]221 [(viii)intimidation, menace, fraud, or threat of physical harm, or was committed during the course of a kidnapping;] [(iii) the victim suffered bodily injury or severe psychological injury during, or as a result of, the offense;] [(iv) the actor causedwas a stranger to the penetration,victim, howeveror slight,became a friend of the genitalvictim, orfor analthe openingpurpose of committing the victimoffense;] by[(v) anythe partactor, orbefore partssentencing offor the humanoffense, body,was orpreviously byconvicted of any othersexual object.]offense;] (3)[(vi) (a)the Ifactor occupied a position of special trust in relation to the victim;] [(vii) the actor isencouraged, anaided, adult,[:]allowed, [(i)]or abenefitted violationfrom acts of Subsectionprostitution [(2)(a)]or (2)sexual isacts aby thirdthe degreevictim felony[;] with aany mandatoryother fineindividual, ofor notsexual lessperformance thanby $5,000.the victim before any other individual, human trafficking, or human smuggling;

[(ii)or] a[(viii) violationthe ofactor Subsectioncaused (2)(b)(i),the (ii),penetration, (iv),however (v),slight, (vi),of (vii),the genital or (viii)anal inopening whichof the victim isby anany adultpart isor aparts secondof degreethe felony;]human -body, 39or -by HB0221any comparedother withobject.] HB0221S02(3)(a) [(iii)If the actor is an adult[:] , [(i)] a violation of Subsection (2)(b)(iii)[(2)(a)] in(2) whichis thea victimthird isdegree anfelony[;] adultwith is a firstmandatory degreefine felony;of not less than $5,000.

or][(ii) [(iv) a violation of Subsection (2)(b)(2)(b)(i), (ii), (iv), (v), (vi), (vii), or (viii) in which the victim is aan child or a vulnerable adult is a firstsecond degree felony.]felony;] (b)[(iii) Ifa theviolation actorof isSubsection a(2)(b)(iii) child,[:]in [(i)]which athe violationvictim ofis Subsectionan [(2)(a)]adult (2) is a classfirst Adegree misdemeanor[;felony;

or] [(iv) a violation of Subsection (2)(b) in which the victim is a child or a vulnerable adult is a first degree felony.] (b) If the actor is a child[:] , [(i)] a violation of Subsection [(2)(a)] (2) is a class A misdemeanor[;

[(c)] (4){(5)}(5) An actor commits a separate offense under this section:

[(i)] (a) for each victim the actor subjects to the offense [outlined] described in Subsection [(2)(a)][ (2)(a)] (2);

and [(ii)] (b) for each separate time the actor subjects a victim to the offense [outlined] described- in23 Subsection- [(2)(a)]H.B. (2).

[(d)]221 (5){(6)}Enrolled ThisCopy sectiondescribed doesin notSubsection preclude[(2)(a)] an(2). actor from being charged and convicted of a separate criminal act if the actor commits the separate criminal act while the [individual] actor violates or attempts to violate this section.

[(4)][(d)] (6){(7)}(6) AnThis interactivesection computerdoes service,not aspreclude definedan inactor 47from U.S.C.being charged and convicted of a separate criminal act if the actor commits the separate criminal act while the [individual] actor violates or attempts to violate this section.

[(4)] (7) An interactive computer service, as defined in 47 U.S.C.

(8) This section does not apply if:

(a) an actor and another individual are discussing an agreement regarding the mutual deletion or removal of intimate images of the individual in the actor's possession or control and intimate images of the actor in the individual's possession or control;

(b) the actor received the intimate images from the individual described in Subsection (8)(a) with the individual's consent;

(c) the actor is not threatening to distribute the intimate images of the individual;

and (d) there is no agreement for the exchange of any goods, services, or other consideration, or any other action by the actor or individual, except for the mutual deletion or removal of the intimate images.

Section 1176-5b-204.1 is enacted to read:

76-5b-204.1.76-5b-204.1 .

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

- 40 - HB0221 compared with HB0221S02 (a) the victim is a child or vulnerable adult;

(d)- the24 actor- wasEnrolled aCopy strangerH.B. to the victim, or became a friend of the victim, for the purpose of committing the offense;

221 (d) the actor was a stranger to the victim, or became a friend of the victim, for the purpose of committing the offense;

(3)(3)(a) (a) If the actor is an adult:

(i) a violation of Subsection (2) in which the victim is a child or a vulnerable adult is a first degree felonywithfelony with a mandatory fine of not less than $20,000;

(ii) a violation of Subsection (2)(c) in which the victim is an adult who is not a vulnerable adult is a first degree felonywithfelony with a mandatory fine of not less than $20,000;

or (iii) a violation of Subsection (2)(b), (d), (e), (f), (g), or (h) in which the victim is an adult who is not a vulnerable adult is a second degree felonywithfelony with a mandatory fine of not less than $10,000.

(4){(5)}(5) This section does not preclude an actor from being charged and convicted of a separate criminal act if the actor commits the separate criminal act while the actor violates or attempts to violate this section.

-(6) 41 - HB0221 compared with HB0221S02 (5){(6)} An interactive computer service, as defined in 47 U.S.C.

76-17-401.76-17-401 .

(1)- (a)25 "Enterprise"- meansH.B. 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.

221 Enrolled Copy (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.

- 42 - HB0221 compared with HB0221S02 (d) false claims for medical benefits, kickbacks, or other acts prohibited under Title 26B, Chapter 3, Part 11, Utah False Claims Act, Sections 26B-3-1101 through 26B-3-1112;

(g)- alteration26 of- numberEnrolled orCopy markH.B. on pistol or revolver under Section 53-5a-106;

221 (g) alteration of number or mark on pistol or revolver under Section 53-5a-106;

- 43 - HB0221 compared with HB0221S02 [(cc)] (dd) causing a catastrophe under Section 76-6-105;

[(gg)] (hh) manufacture or possession of an instrument for burglary or theft under Section- 76-6-205;27 - H.B.

221 Enrolled Copy Section 76-6-205;

- 44 - HB0221 compared with HB0221S02 [(fff)] (ggg) identity fraud under Section 76-6-1102;

[(lll)]- (mmm)28 receiving- bribeEnrolled forCopy endorsementH.B. of person as a public servant under Section 76-8-106;

221 [(lll)] (mmm) receiving bribe for endorsement of person as a public servant under Section 76-8-106;

- 4529 - HB0221H.B. compared with HB0221S02 [(gggg)] (hhhh) false statement to prevent or reduce unemployment compensation or liability under Section 76-8-1302;

221 Enrolled Copy [(gggg)] (hhhh) false statement to prevent or reduce unemployment compensation or liability under Section 76-8-1302;

- 4630 - HB0221Enrolled comparedCopy withH.B. HB0221S02 [(yyyy)] (zzzz) gambling promotion under Section 76-9-1405;

221 [(yyyy)] (zzzz) gambling promotion under Section 76-9-1405;

77-22-2.5.77-22-2.5 .

-(a)(i) 47 - HB0221 compared with HB0221S02 (a) (i) "Electronic communication" means any transfer of signs, signals, writing, images,- sounds,31 data,- orH.B. intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photooptical system.

221 Enrolled Copy images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photooptical system.

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

- 48 - HB0221 compared with HB0221S02 (ii) "Sexual offense against a minor" does not include an offense described in Section 76-5-418, 76-5-419, or 76-5-420.

(2) When a law enforcement agency is investigating a sexual offense against a minor, an offense- of32 stalking- underEnrolled SectionCopy 76-5-106.5,H.B. or an offense of child kidnapping under Section 76-5-301.1, and has reasonable suspicion that an electronic communications system or service or remote computing service has been used in the commission of a criminal offense, a law enforcement agent shall:

221 offense of stalking under Section 76-5-106.5, or an offense of child kidnapping under Section 76-5-301.1, and has reasonable suspicion that an electronic communications system or service or remote computing service has been used in the commission of a criminal offense, a law enforcement agent shall:

(4)(4)(a) (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.

- 49 - HB0221 compared with HB0221S02 (b) The law enforcement agency conducting the investigation shall pay the fee.

(6) If the electronic communications system or service or remote computing service provider- served33 with- theH.B. court order does not own or control the Internet protocol address, websites, or email address, or provide service for the telephone number that is the subject of the court order, the provider shall notify the investigating law enforcement agency that the provider does not have the information.

221 Enrolled Copy provider served with the court order does not own or control the Internet protocol address, websites, or email address, or provide service for the telephone number that is the subject of the court order, the provider shall notify the investigating law enforcement agency that the provider does not have 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.

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

(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 - 50 - HB0221 compared with HB0221S02 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.

(B)- Title34 58,- ChapterEnrolled 37c,Copy UtahH.B. Controlled Substance Precursor Act;

221 (B) Title 58, Chapter 37c, Utah Controlled Substance Precursor Act;

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

or (iv) aiding or encouraging suicide under Section {76-5-210} 76-5-211;

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

- 51 - HB0221 compared with HB0221S02 (iv) human trafficking for labor under Section 76-5-308;

(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;

(i)- of:35 - H.B.

221 Enrolled Copy (i) of:

- 52 - HB0221 compared with HB0221S02 (q) insurance fraud punishable by a maximum term of imprisonment of more than one year under Section 76-6-521;

(ff)- assembling36 for- advocatingEnrolled criminalCopy syndicalismH.B. or sabotage under Section 76-8-903;

221 (ff) assembling for advocating criminal syndicalism or sabotage under Section 76-8-903;

- 53 - HB0221 compared with HB0221S02 (pp) unlawful discharge of a firearm or hurling of a missile into a bus or terminal under Section 76-9-1504;

77-36-1.77-36-1 .

(4)(4)(a) (a) "Domestic violence" or "domestic violence offense" means any criminal offense involving- violence37 or- physicalH.B. harm or threat of violence or physical harm, or any attempt, conspiracy, or solicitation to commit a criminal offense involving violence or physical harm, when committed by one cohabitant against another.

221 Enrolled Copy involving violence or physical harm or threat of violence or physical harm, or any attempt, conspiracy, or solicitation to commit a criminal offense involving violence or physical harm, when committed by one cohabitant against another.

- 54 - HB0221 compared with HB0221S02 (vi) electronic communication harassment under Sections 76-12-202, 76-12-203, and 76-12-204;

(xv) disorderly conduct under Section 76-9-102, if a conviction or adjudication of disorderly conduct is the result of a plea agreement in which the perpetrator was originally charged with a domestic violence offense otherwise described in this Subsection (4), except that a conviction or adjudication of disorderly conduct as a domestic violence offense, in the manner described in this Subsection (4)(4)(b)(xv), (b)(xv), does not constitute a misdemeanor crime of domestic violence under 18 U.S.C.

(xvi)- child38 abuse- underEnrolled SectionCopy 76-5-114;H.B.

221 (xvi) child abuse under Section 76-5-114;

- 55 - HB0221 compared with HB0221S02 [(xxv)] (xxvii) improper discharging of a dangerous weapon under Section 76-11-209;

(10)- "Protective39 order"- includesH.B. an order issued under Subsection 78B-7-804(3).

221 Enrolled Copy (10) "Protective order" includes an order issued under Subsection 78B-7-804(3).

-80-6-712 56. - HB0221 compared with HB0221S02 80-6-712.

(2)(2)(a) (a) If the juvenile court commits a minor to the division under Section 80-6-703, and the minor's case is under the jurisdiction of the court, the juvenile court shall establish:

or (iii) in a family-based setting with approval by the director or the director's designee if the minor does not qualify for an independent living program due to age, disability, or another reason or the minor cannot be placed with a qualifying relative- or40 guardian.- Enrolled Copy H.B.

221 relative or guardian.

(4)(4)(a) (a) The juvenile court shall terminate continuing jurisdiction over a minor's case at the end of the time period described in Subsection (1) for probation or Subsection (2) for commitment to the division, unless:

or - 57 - HB0221 compared with HB0221S02 (v) the minor has not paid restitution in full.

(7)(7)(a) (a) If the juvenile court extends jurisdiction solely on the ground that the minor has not paid restitution in full as described in Subsection (4)(a)(v):

and (C) make orders concerning the payment of restitution during the period for which jurisdiction- is41 extended;- H.B.

221 Enrolled Copy jurisdiction is extended;

- 58 - HB0221 compared with HB0221S02 (8) If the juvenile court extends supervision or jurisdiction under this section, the grounds for the extension and the length of any extension shall be recorded in the court records and tracked in the data system used by the Administrative Office of the Courts and the division.

(j) Section {76-5-210} 76-5-211, aiding or encouraging suicide;

[(p)]- (q)42 (i)- anEnrolled offenseCopy otherH.B. than an offense listed in Subsections (10)(a) through [(o)] (p) involving the use of a dangerous weapon, as defined in Section 76-1-101.5, that is a felony;

221 [(p)] (q)(i) an offense other than an offense listed in Subsections (10)(a) through [(o)] (p) involving the use of a dangerous weapon, as defined in Section 76-1-101.5, that is a felony;

-80-6-804 59. - HB0221 compared with HB0221S02 80-6-804.

(2)(2)(a) (a) Except as provided in Subsections (2)(b) and (2)(h), if a juvenile offender is ordered to secure care under Section 80-6-705, the authority shall set a presumptive term of secure care for the juvenile offender from three to six months, but the presumptive term may not exceed six months.

(f)- The43 authority- shall:H.B.

221 Enrolled Copy (f) The authority shall:

- 60 - HB0221 compared with HB0221S02 (i) set a juvenile offender's presumptive term of secure care under Subsection (2)(a) that would result in a term of secure care that exceeds a term of incarceration for an adult under Section 76-3-204 for the same misdemeanor offense;

(3)(3)(a) (a) If a juvenile offender is ordered to secure care, the authority shall set a presumptive term of parole supervision, including aftercare services, from three to four months, but the presumptive term may not exceed four months.

(i)- the44 recommendations- ofEnrolled theCopy licensedH.B. service provider;

221 (i) the recommendations of the licensed service provider;

- 61 - HB0221 compared with HB0221S02 (i) record the grounds for extension of the presumptive length of parole and the length of the extension;

(j) Section {76-5-210} 76-5-211, aiding or encouraging suicide;

[(p)] (q)(q)(i) (i) an offense other than an offense listed in Subsections (4)(a) through [(o)] (p) involving the use of a dangerous weapon, as defined in Section 76-1-101.5, that is a felony;

and (ii)- the45 juvenile- offenderH.B. has been previously adjudicated or convicted of an offense involving the use of a dangerous weapon, as defined in Section 76-1-101.5;

or221 -Enrolled 62Copy -(ii) HB0221the comparedjuvenile withoffender HB0221S02has [(q)]been (r)previously anadjudicated offenseor otherconvicted thanof an offense listedinvolving in Subsections (4)(a) through [(p)] (q) and the juvenileuse offenderof hasa beendangerous previouslyweapon, orderedas todefined securein care.Section 76-1-101.5;

or [(q)] (r) an offense other than an offense listed in Subsections (4)(a) through [(p)] (q) and the juvenile offender has been previously ordered to secure care.

Effective date.

2-3-26 12:08 PM - 6346 -