HB 289 — Child Sexual Abuse Material Amendments

-(f) 12Upon -notice 02-17that 15:04an H.B.individual who has direct access qualified status will no longer be associated with a certification, contract, or licensee with the department, the bureau shall:

289 (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:

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

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

289 02-17Enrolled 15:04Copy (L)(J) aggravatedan burglary,offense asincluded described in SectionTitle 76-6-203;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;

or (ii) notwithstanding Subsection (5)(c)(ii)(A), the division may grant temporary direct access- qualified14 status- toEnrolled anCopy applicantH.B. subject to a condition that the applicant is directly supervised at all times.

(6)289 Theaccess officequalified shallstatus conductto aan comprehensiveapplicant reviewsubject ofto ana applicant'scondition backgroundthat checkthe ifapplicant -is 14directly -supervised 02-17at 15:04all H.B.times.

289(6) The office shall conduct a comprehensive review of an applicant's background check if the applicant:

(j) has a record of an adjudication in juvenile court for an act that, if committed by an adult,- would15 be- aH.B. felony or misdemeanor, if the applicant is:

289 Enrolled Copy adult, would be a felony or misdemeanor, if the applicant is:

or (ii) 28 years old or older and has been convicted of, has pleaded no contest to, or is -currently 15subject -to H.B.a plea in abeyance or diversion agreement for a felony or a misdemeanor offense described in Subsection (5)(a);

289 02-17 15:04 currently subject to a plea in abeyance or diversion agreement for a felony or a misdemeanor offense described in Subsection (5)(a);

(vi)- whether16 the- offenseEnrolled orCopy incidentH.B. directly relates to abuse of a child or vulnerable adult, including:

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

-(B) 16sexual -abuse; 02-17 15:04 H.B.

289 (B) sexual abuse;

(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.

289 02-17Enrolled 15:04Copy (10)(a)(c) EachUpon timereceiving an applicant is associated with a licensee, the departmentresults shallof review the currentcriminal statushistory search of thea applicant'snational criminal background checkdatabase, to ensure the applicantoffice isshall stillgrant eligibleor fordeny 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.

and (ii)- within18 three- yearsEnrolled fromCopy theH.B. date on which the office conducts the background check, the applicant has a felony or misdemeanor charge or conviction or a non-criminal finding.

-289 18(ii) -within 02-17three 15:04years H.B.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.

289 (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.

(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;

289 02-17Enrolled 15:04Copy (G)(E) intentionalcommission aggravatedof abusedomestic violence in the presence of a vulnerablechild, adult, as described in Section 76-5-111;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;

(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 - 20 - 02-17Enrolled 15:04Copy H.B.

289 (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:

and (b) determine whether to consider an offense or incident that occurred while an individual- was21 in- theH.B. 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.

-289 21Enrolled -Copy H.B.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.

289 02-17 15:04 Section 5.

(xx)- aggravated22 sexual- abuseEnrolled ofCopy aH.B. child under Section 76-5-404.3;

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

(xxii) custodial sexual relations under Section 76-5-412, if the victim in custody is -younger 22than -18 02-17years 15:04old H.B.and the offense is committed on or after May 10, 2011;

289 younger than 18 years old and the offense is committed on or after May 10, 2011;

[(xxxviii)]- (xli)23 human- traffickingH.B. 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)]289 (xlii)Enrolled aggravatedCopy [(xxxviii)] (xli) human trafficking of a child for labor under SectionSubsection 76-5-310,76-5-308.5(4)(a), if the -offender 23was -not H.B.the natural parent of the child victim;

289[(xxxix)] 02-17(xlii) 15:04aggravated human trafficking for labor under Section 76-5-310, if the offender was not the natural parent of the child victim;

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 an offense that is not substantially equivalent to an offense listed in - 24 - 02-17Enrolled 15:04Copy H.B.

289 (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 (ii) meets a requirement described in Subsections (1)(b) through (e) for an offense described in Subsections [(1)(a)(xxxiii) through (xli) ] (1)(a)(xxxvi) through (xliv) or- a25 substantially- equivalentH.B. offense.

(3)289 AnEnrolled individualCopy whoor has committed a registrable offense described in Subsection (1)(d)(ii)(B) in an external jurisdiction that is not substantially equivalent tooffense. an offense - 25 - H.B.

289(3) 02-17An 15:04individual who has committed a registrable offense described in Subsection (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.

(xi)- a26 felony- violationEnrolled ofCopy unlawfulH.B. sexual activity with a minor under Section 76-5-401;

289 (xi) a felony violation of unlawful sexual activity with a minor under Section 76-5-401;

-(xiii) 26unlawful -sexual 02-17conduct 15:04with H.B.a 16 or 17 year old under Section 76-5-401.2;

289 (xiii) unlawful sexual conduct with a 16 or 17 year old under Section 76-5-401.2;

(F)- forcible27 sodomy- underH.B. Section 76-5-403;

289 Enrolled Copy (F) forcible sodomy under Section 76-5-403;

-(I) 27aggravated -sexual H.B.exploitation of a minor under Section 76-5b-201.1;

289 02-17 15:04 (I) aggravated sexual exploitation of a minor under Section 76-5b-201.1;

(v) human trafficking of a child for sexual exploitation under Subsection 76-5-308.5(4)(b),- if28 the- offenderEnrolled wasCopy notH.B. the natural parent of the child victim;

289 76-5-308.5(4)(b), if the offender was not the natural parent of the child victim;

-(vii) 28human -trafficking 02-17of 15:04a H.B.vulnerable adult for sexual exploitation under Section 76-5-311, if the offender was not the natural parent of the child victim;

289 (vii) human trafficking of a vulnerable adult for sexual exploitation under Section 76-5-311, if the offender was not the natural parent of the child victim;

(v) if any child sexual abuse material, apparent child sexual abuse material, or obscene child sexual abuse material, as [that term is] those terms are defined in Section 76-5b-103, was:

289 02-17Enrolled 15:04Copy (A)(v) distributedif toany thechild victimsexual byabuse thematerial, offender;apparent child sexual abuse material, or obscene child sexual abuse material, as [that term is] those terms are defined in Section 76-5b-103, was:

(A) distributed to the victim by the offender;

(2) An offender who qualifies under Subsection (1) may petition the court under Section 53-29-207- for30 an- orderEnrolled ofCopy removalH.B. from the registry if 10 years have passed after the later of the following events in which the offender entered into the community:

289 53-29-207 for an order of removal from the registry if 10 years have passed after the later of the following events in which the offender entered into the community:

-(b) 30the -day 02-17on 15:04which H.B.the offender was released from incarceration to parole;

289 (b) the day on which the offender was released from incarceration to parole;

(s) four or more convictions of sexual battery under Section 76-5-418;

(t) any combination of convictions of lewdness under Section 76-5-419, and of sexual battery under Section 76-5-418, that total four or more convictions;

289 02-17Enrolled 15:04Copy (u)(s) lewdnessfour involvingor amore childconvictions of sexual battery under Section 76-5-420;76-5-418;

(t) any combination of convictions of lewdness under Section 76-5-419, and of sexual battery under Section 76-5-418, that total four or more convictions;

(u) lewdness involving a child under Section 76-5-420;

(i) the sentencing court determines that the offender was under 21 years old at the time- the32 offense- wasEnrolled committed;Copy H.B.

289 time the offense was committed;

-(4) 32An -individual 02-17who 15:04is H.B.as an offender under Section 53-29-202 based on a conviction in an external jurisdiction for a registrable offense, or a substantially equivalent offense, and is required to register on the external jurisdiction's sex, kidnap, or child abuse offender registry, or an equivalent registry, may petition for removal from the registry in accordance with the requirements of this section if the individual:

289 (4) An individual who is as an offender under Section 53-29-202 based on a conviction in an external jurisdiction for a registrable offense, or a substantially equivalent offense, and is required to register on the external jurisdiction's sex, kidnap, or child abuse offender registry, or an equivalent registry, may petition for removal from the registry in accordance with the requirements of this section if the individual:

(4) "Classification," "classify," and their derivative forms mean determining whether a record series, record, or information within a record is public, private, controlled, protected, or exempt from disclosure under Subsection 63G-2-201(3)(b).

289 02-17Enrolled 15:04Copy (5)(a)(4) "Computer"Classification," program""classify," means:and their derivative forms mean determining whether a record series, record, or information within a record is public, private, controlled, protected, or exempt from disclosure under Subsection 63G-2-201(3)(b).

(5)(a) "Computer program" means:

and (b) that contains oxidizing or combustive units or other ingredients in proportions, quantities,- or34 packing- soEnrolled that:Copy H.B.

289 quantities, or packing so that:

and -(ii) 34the -resultant 02-17gaseous 15:04pressures H.B.are capable of:

289 (ii) the resultant gaseous pressures are capable of:

or (v) any political subdivision of the state, but, if a political subdivision has adopted an ordinance or a policy relating to information practices Ĥ→pursuant [[]pursuantto to[]in 1171a accordance ] ←Ĥ Ĥ→ [with] ←Ĥ Section 63G-2-701, this chapter shall apply to the political 1172a subdivision to the extent specified in Section 63G-2-701 or as specified in any other section of this chapter that specifically refers to political subdivisions.

(v)- the35 Utah- IndependentH.B. Redistricting Commission;

and289 -Enrolled 35Copy -(v) H.B.the Utah Independent Redistricting Commission;

289and 02-17 15:04 (vi) a law enforcement agency, as defined in Section 53-1-102, that employs one or more law enforcement officers, as defined in Section 53-13-103.

(b) Ĥ→Initial [[]Initial contact reports do[]"Initialdo contact report" does] ←Ĥ not include follow-up 1209a or investigative reports prepared after the initial contact report.

(c) Ĥ→Initial [[]Initial contact reports do[]"Initialdo contact report" does] ←Ĥ not include accident 1214a reports, as that term is described in Title 41, Chapter 6a, Part 4, Accident Responsibilities.

(18) "Notice of compliance" means a statement confirming that a governmental entity has - 36 - 02-17Enrolled 15:04Copy H.B.

289 (18) "Notice of compliance" means a statement confirming that a governmental entity has complied with an order of the director of the Government Records Office.

(ii) a temporary draft or similar material prepared for the originator's personal use or prepared by the originator for the personal use of an individual for whom the -originator 37is -working; H.B.

289- 02-1737 15:04- originatorH.B. is working;

289 Enrolled Copy (iii) material that is legally owned by an individual in the individual's private capacity;

(xvi) a video or audio recording of an interview, or a transcript of the video or audio - 38 - 02-17Enrolled 15:04Copy H.B.

289 (xvi) a video or audio recording of an interview, or a transcript of the video or audio recording, that is conducted at a Children's Justice Center established under Section 67-5b-102;

(27) "Records officer" means the individual appointed by the chief administrative officer of each governmental entity, or the political subdivision to work with state archives in the care, maintenance, scheduling, designation, classification, disposal, and preservation of -records. 39 - H.B.

289- 02-1739 15:04- records.H.B.

289 Enrolled Copy (28) "Schedule," "scheduling," and their derivative forms mean the process of specifying the length of time each record series should be retained by a governmental entity for administrative, legal, fiscal, or historical purposes and when each record series should be transferred to the state archives or destroyed.

-(a) 40nonjudicially -adjusted; 02-17 15:04 H.B.

289- (a)40 nonjudicially- adjusted;Enrolled Copy H.B.

289 (b) placed on diversion;

(2) The attorney general may employ investigators, prosecutors, and necessary support staff -for 41the -unit H.B.created under Subsection (1).

289- 02-1741 15:04- forH.B. the unit created under Subsection (1).

289 Enrolled Copy Section 11.

-(Q) 42endangerment -of 02-17a 15:04child H.B.or vulnerable adult as described in Section 76-5-112.5;

289- (Q)42 endangerment- ofEnrolled aCopy childH.B. or vulnerable adult as described in Section 76-5-112.5;

289 (R) an offense described in Chapter 5, Part 2, Criminal Homicide;

[(PP)] (SS) retaliation against a witness, victim, or informant as described in - 43 - H.B.

289 02-17Enrolled 15:04Copy [(PP)] (SS) retaliation against a witness, victim, or informant as described in Section 76-8-508.3;

(3)(a) The prosecuting attorney, or grand jury if an indictment is returned, shall provide notice in the information or indictment that the defendant is subject to punishment as - 44 - 02-17Enrolled 15:04Copy H.B.

289 notice in the information or indictment that the defendant is subject to punishment as a habitual violent offender under this section.

If the conviction and commitment occurred [prior to] before January 1, 1970, the burden is on the prosecution to establish by a preponderance of the evidence that the defendant was then represented by counsel or had lawfully waived - 45 - H.B.

289 02-17Enrolled 15:04Copy evidence that the defendant was then represented by counsel or had lawfully waived the right to have counsel present, and that the defendant's plea was understandingly and voluntarily entered.

-(C) 46aggravated -sexual 02-17exploitation 15:04of H.B.a minor, Section 76-5b-201.1;

289- (C)46 aggravated- sexualEnrolled exploitationCopy ofH.B. a minor, Section 76-5b-201.1;

289 (D) possession of apparent child sexual abuse material, Section 76-5b-207;

-(a) 47the -defendant H.B.was convicted of a prior sexual offense;

289and 02-17- 15:0447 (a)- theH.B. defendant was convicted of a prior sexual offense;

and289 Enrolled Copy (b) the defendant was convicted of the prior sexual offense described in Subsection (2)(a) before the defendant committed the sexual offense for which the defendant is being sentenced.

[(2)] (4) "Children's Justice Center" means a facility or satellite office established under the -Children's 48Justice -Center 02-17Program 15:04described H.B.in Section 67-5b-102.

289- Children's48 Justice- CenterEnrolled ProgramCopy describedH.B. in Section 67-5b-102.

289 [(3)] (5) "Distribute" means, with or without consideration, to sell, exhibit, display, provide, give, grant admission to, provide access to, or otherwise transfer.

(i) appeals to prurient interest in sex;

289 02-17Enrolled 15:04Copy (i)(ii) appealsis topatently prurientoffensive; interest in sex;

(ii) is patently offensive;

(a) the production of the visual depiction involves the use of a vulnerable adult engaging -in 50sexually -explicit 02-17conduct; 15:04 H.B.

289- in50 sexually- explicitEnrolled conduct;Copy H.B.

289 (b) the visual depiction is of a vulnerable adult engaging in sexually explicit conduct;

(3) A violation of Subsection (2) is a class B misdemeanor.

(5)(a) If a computer technician makes or does not make a report under this section and is acting in good faith, the technician is immune from any criminal or civil liability - 51 - H.B.

289 02-17Enrolled 15:04Copy acting in good faith, the technician is immune from any criminal or civil liability related to reporting or not reporting the image.

(2) An actor commits possession of apparent child sexual abuse material if the actor intentionally or knowingly possesses, views, accesses with intent to view, or maintains access with intent to view apparent child sexual abuse material.

and (b) for each time the same minor is depicted in different apparent child sexual abuse - 52 - 02-17Enrolled 15:04Copy H.B.

289 (b) for each time the same minor is depicted in different apparent child sexual abuse material.

(g) an employee, independent contractor, or designated interviewer of a Children's - 53 - H.B.

289 02-17Enrolled 15:04Copy (g) an employee, independent contractor, or designated interviewer of a Children's Justice Center, who is required to view apparent child sexual abuse material within the scope of the employee's, independent contractor's, or designated interviewer's scope of employment or assignment;

(b) a law enforcement officer, a civilian employee of a law enforcement agency, or an independent contractor who is contracted with a law enforcement agency, acting - 54 - 02-17Enrolled 15:04Copy H.B.

289 independent contractor who is contracted with a law enforcement agency, acting within the scope of a criminal investigation;

(2) Under circumstances not amounting to an offense under Section 76-5b-201 or Ĥ→76-5b-201.1, [ 76-5b-201.2] 76-5b-201.1 ←Ĥ , an actor commits unlawful activity regarding 1854a obscene material depicting the sexual abuse of a minor if the actor intentionally or knowingly:

-(4) 55For -a H.B.charge of violating this section, it is an affirmative defense that:

289 02-17 15:04 (4) For a charge of violating this section, it is an affirmative defense that:

(i)- did55 not- solicitH.B. the obscene child sexual abuse material from any minor depicted in the child sexual abuse material;

289 Enrolled Copy (i) did not solicit the obscene child sexual abuse material from any minor depicted in the child sexual abuse material;

(g) an employee, independent contractor, or designated interviewer of a Children's Justice Center, who is required to view obscene child sexual abuse material within the scope of the employee's, independent contractor's, or designated interviewer's - 56 - 02-17Enrolled 15:04Copy H.B.

289 Justice Center, who is required to view obscene child sexual abuse material within the scope of the employee's, independent contractor's, or designated interviewer's scope of employment or assignment;

(4) A prosecutor may not prosecute an actor for a violation of Subsection (2) if the actor engages in a violation of Subsection (2) at or near the time the actor witnesses or is a - 57 - H.B.

289 02-17Enrolled 15:04Copy (4) A prosecutor may not prosecute an actor for a violation of Subsection (2) if the actor engages in a violation of Subsection (2) at or near the time the actor witnesses or is a victim of any of the following offenses, or an attempt to commit any of the following offenses, and the actor reports the offense or attempt to law enforcement in good faith:

-[(u)] 58(x) -aggravated 02-17robbery 15:04as H.B.described in Section 76-6-302;

289or [(u)][(v)] (x)(y) aggravatedtheft robberyby extortion as described in Section 76-6-302;76-6-406 under the circumstances - 58 - Enrolled Copy H.B.

or289 [(v)] (y) theft by extortion as described in Section 76-6-406 under the circumstances described in Subsection 76-6-406(1)(a)(i) or (ii).

(b) an act prohibited by the criminal provisions under Title 19, Environmental Quality -Code, 59Sections -19-1-101 H.B.through 19-7-109;

289(c) 02-17taking, 15:04destroying, Code,or Sectionspossessing 19-1-101wildlife throughor 19-7-109;parts of wildlife for the primary purpose - 59 - H.B.

(c)289 taking,Enrolled destroying,Copy 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;

-(z) 60sexual -extortion 02-17under 15:04Section H.B.76-5b-204;

289 (z) sexual extortion under Section 76-5b-204;

(bb)- distribution60 of- apparentEnrolled childCopy sexualH.B. abuse material under Section 76-5b-208;

289 (bb) distribution of apparent child sexual abuse material under Section 76-5b-208;

-[(zz)] 61(ccc) -making H.B.a false credit report under Section 76-6-517;

289 02-17 15:04 [(zz)] (ccc) making a false credit report under Section 76-6-517;

[(bbb)]- (eee)61 criminal- usuryH.B. under Section 76-6-520;

289 Enrolled Copy [(bbb)] (eee) criminal usury under Section 76-6-520;

[(aaaa)] (dddd) falsification or alteration of a government record under Section 76-8-511, if the record is a record described in Title 20A, Election Code, or Title 36, Chapter 11, - 62 - 02-17Enrolled 15:04Copy H.B.

289 [(aaaa)] (dddd) falsification or alteration of a government record under Section 76-8-511, if the record is a record described in Title 20A, Election Code, or Title 36, Chapter 2101a 11, Lobbyist Disclosure and Regulation Act;

-[(qqqq)] 63(tttt) -unlawful H.B.delivery or mailing of an explosive, chemical, or incendiary device under Section 76-15-209;

289[(rrrr)] 02-17(uuuu) 15:04forging [(qqqq)] (tttt) unlawful delivery or mailingcounterfeiting oftrademarks, antrade explosive,name, chemical, or incendiarytrade device under Section- 76-15-209;63 - H.B.

[(rrrr)]289 (uuuu)Enrolled forgingCopy or counterfeiting trademarks, trade name, or trade device under Section 76-16-302;

-[(ppppp)] 64(sssss) -an 02-17act 15:04prohibited H.B.by the criminal provisions of Chapter 9, Part 16, Money Laundering and Currency Transaction Reporting;

289[(qqqqq)] [(ppppp)](ttttt) (sssss)vehicle ancompartment actfor prohibitedcontraband byunder theSection criminal76-9-1902 provisionsor of- Chapter64 9,- PartEnrolled 16,Copy MoneyH.B. Laundering and Currency Transaction Reporting;

[(qqqqq)]289 (ttttt) vehicle compartment for contraband under Section 76-9-1902 or 76-9-1903;

(b) An individual described in Subsection (3)(a) may view or examine the child sexual abuse material, apparent child sexual abuse material, or obscene child sexual abuse material only at the law enforcement agency or court that has custody and control of - 65 - H.B.

289 02-17Enrolled 15:04Copy (b) An individual described in Subsection (3)(a) may view or examine the child sexual abuse material, apparent child sexual abuse material, or obscene child sexual abuse material only at the law enforcement agency or court that has custody and control of the child sexual abuse material, apparent child sexual abuse material, or obscene child sexual abuse material.

or -(c) 66an -individual 02-17or 15:04entity H.B.who asserts a claim to any property for which an agency seeks to forfeit.

289[(3)] (c)(5)(a) an"Computer" individualmeans, orexcept entityas whoprovided assertsin aSubsection claim[(3)(c)] to(5)(c), anyan property- for66 which- anEnrolled agencyCopy seeksH.B. to forfeit.

[(3)]289 (5)(a) "Computer" means, except as provided in Subsection [(3)(c)] (5)(c), an electronic, magnetic, optical, electrochemical, or other high-speed data processing device that performs logical, arithmetic, and storage functions.

[(9)] (11) "Forfeit" means to divest a claimant of an ownership interest in property seized by -a 67peace -officer H.B.or agency.

289 02-17 15:04 a peace officer or agency.

(a) held an ownership interest in property at the time of the commission of an offense subjecting- the67 property- toH.B. seizure, and:

289 Enrolled Copy subjecting the property to seizure, and:

-[(13)] 68(15) -"Legislative 02-17body" 15:04means: H.B.

289(a)(i) [(13)]the (15)Legislature, "Legislativecounty body"commission, means:county council, city commission, city council, or town council that has fiscal oversight and budgetary approval authority - 68 - Enrolled Copy H.B.

(a)(i)289 the Legislature, county commission, county council, city commission, city council, or town council that has fiscal oversight and budgetary approval authority over an agency;

-[(19)] 69(22)(a) -"Property" H.B.means all property, whether real or personal, tangible or intangible.

289 02-17 15:04 [(19)] (22)(a) "Property" means all property, whether real or personal, tangible or intangible.

[(20)]- (23)69 "Prosecuting- attorney"H.B. means:

289 Enrolled Copy [(20)] (23) "Prosecuting attorney" means:

or (C) is being prosecuted for or has been convicted of intentionally, knowingly, or -recklessly 70causing -the 02-17death 15:04of H.B.another parent of the child.

289 recklessly causing the death of another parent of the child.

(ii)- conduct70 described- inEnrolled SectionCopy 76-2-401;H.B.

289 (ii) conduct described in Section 76-2-401;

(7) "Child" means, except as provided in Section 80-2-905, an individual who is under 18 -years 71old. - H.B.

289 02-17 15:04 years old.

(9)- "Child71 placing"- meansH.B. the same as that term is defined in Section 26B-2-101.

289 Enrolled Copy (9) "Child placing" means the same as that term is defined in Section 26B-2-101.

-(18) 72"Correctional -facility" 02-17means: 15:04 H.B.

289 (18) "Correctional facility" means:

(19)- "Criminogenic72 risk- factors"Enrolled meansCopy evidence-basedH.B. factors that are associated with a minor's likelihood of reoffending.

289 (19) "Criminogenic risk factors" means evidence-based factors that are associated with a minor's likelihood of reoffending.

(31) "Evidence-based" means a program or practice that has had multiple randomized control studies or a meta-analysis demonstrating that the program or practice is effective for a specific population or has been rated as effective by a standardized program - 73 - H.B.

289 02-17Enrolled 15:04Copy (31) "Evidence-based" means a program or practice that has had multiple randomized control studies or a meta-analysis demonstrating that the program or practice is effective for a specific population or has been rated as effective by a standardized program evaluation tool.

or (b) if after a disposition, and in accordance with Section 78A-6-353 or 80-6-704, in the minor's home, or in a surrogate home with the consent of the minor's parent, guardian, or custodian, under terms and conditions established by the Division of -Juvenile 74Justice -and 02-17Youth 15:04Services H.B.or the juvenile court.

289(40)(a) Juvenile"Incest" Justicemeans andengaging Youthin Servicessexual orintercourse with an individual whom the juvenileperpetrator court.knows to be the perpetrator's ancestor, descendant, brother, sister, uncle, - 74 - Enrolled Copy H.B.

(40)(a)289 "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.

-(a) 75the -right H.B.to physical custody [ ]of the minor;

289 02-17 15:04 (a) the right to physical custody of the minor;

(c) the duty to provide the minor with food, clothing, shelter, education, and ordinary medical- care;75 - H.B.

289 Enrolled Copy medical care;

(57) "Molestation" means that an individual, with the intent to arouse or gratify the sexual desire of any individual, touches the anus, buttocks, pubic area, or genitalia of any child, or the breast of a female child, or takes indecent liberties with a child as defined in - 76 - 02-17Enrolled 15:04Copy H.B.

289 (57) "Molestation" means that an individual, with the intent to arouse or gratify the sexual desire of any individual, touches the anus, buttocks, pubic area, or genitalia of any child, or the breast of a female child, or takes indecent liberties with a child as defined in Section 76-5-401.1.

-(59) 77"Neglected -child" H.B.means a child who has been subjected to neglect.

289(60) 02-17"Nonjudicial 15:04adjustment" (59)means "Neglectedclosure child"of meansthe acase childby whothe hasassigned beenjuvenile subjectedprobation toofficer, neglect.without an adjudication of the minor's case under Section 80-6-701, upon the - 77 - H.B.

(60)289 "NonjudicialEnrolled adjustment"Copy means closure of the case by the assigned juvenile probation officer, without an adjudication of the minor's case under Section 80-6-701, upon the consent in writing of:

-(68) 78"Protective -services" 02-17means 15:04expedited H.B.services that are provided:

289 (68) "Protective services" means expedited services that are provided:

(i)- help78 the- cohabitantEnrolled developCopy recognitionH.B. of the cohabitant's duty of care and of the causes of neglect or abuse;

289 (i) help the cohabitant develop recognition of the cohabitant's duty of care and of the causes of neglect or abuse;

-(iii) 79the -right H.B.to determine the child's religious affiliation;

289 02-17 15:04 (iii) the right to determine the child's religious affiliation;

(b) If no guardian has been appointed, "residual parental rights and duties" includes the right- to79 consent- to:H.B.

289 Enrolled Copy right to consent to:

-(i) 80if -committed 02-17by 15:04an H.B.individual who is 18 years old or older:

289 (i) if committed by an individual who is 18 years old or older:

(C)- sexual80 abuse;- Enrolled Copy H.B.

289 (C) sexual abuse;

(B) the children are related, as described in Subsection (40), including siblings by -marriage 81while -the H.B.marriage exists or by adoption;

289 02-17 15:04 marriage while the marriage exists or by adoption;

(iii)- engaging81 in- anyH.B. conduct with a child that would constitute an offense under any of the following, regardless of whether the individual who engages in the conduct is actually charged with, or convicted of, the offense:

289 Enrolled Copy (iii) engaging in any conduct with a child that would constitute an offense under any of the following, regardless of whether the individual who engages in the conduct is actually charged with, or convicted of, the offense:

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, Section 76-5b-207, possession of apparent child sexual abuse material, Section 76-5b-208, distribution of apparent child sexual abuse material, or -Section 8276-5b-209, -unlawful 02-17activity 15:04regarding H.B.obscene material depicting the sexual abuse of a minor, regardless of whether the individual who engages in the conduct is actually charged with, or convicted of, the offense.

289- Section82 76-5b-208,- unlawfulEnrolled activityCopy regardingH.B. obscene material depicting the sexual abuse of a minor, regardless of whether the individual who engages in the conduct is actually charged with, or convicted of, the offense.

289 (82) "Shelter" means the temporary care of a child in a physically unrestricted facility pending a disposition or transfer to another jurisdiction.

(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 - 83 - H.B.

289 02-17Enrolled 15:04Copy (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.

(99) "Without merit" means a finding at the completion of an investigation by the Division -of 84Child -and 02-17Family 15:04Services, H.B.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.

289- of84 Child- andEnrolled FamilyCopy Services,H.B. 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.

289 (100) "Youth offender" means an individual who is:

or (iii) has abused or neglected the minor child, or that another court has found that the -parent 85has -abused H.B.or neglected the minor child.

289(3) 02-17Notwithstanding 15:04Title parent78B, hasChapter abused3a, Venue for Civil Actions, or neglectedSection the78A-6-350, minoran child.individual shall file a verified petition, or a petition supported by an affidavit, for - 85 - H.B.

(3)289 NotwithstandingEnrolled TitleCopy 78B, Chapter 3a, Venue for Civil Actions, or Section 78A-6-350, an individual shall file a verified petition, or a petition supported by an affidavit, for custodial or visitation rights to the minor child in the juvenile court if a matter is pending in the juvenile court, or in the district court in the county where the minor child:

and (b) who, before a custody order is issued, is convicted, pleads guilty, or pleads no -contest 86to -a 02-17felony 15:04or H.B.attempted felony involving conduct that constitutes any of the following:

289(i) contestchild toabuse, aas felonydescribed orin attemptedSections felony76-5-109, involving76-5-109.2, conduct76-5-109.3, that76-5-109.4, constitutes- any86 of- theEnrolled following:Copy H.B.

(i)289 child abuse, as described in Sections 76-5-109, 76-5-109.2, 76-5-109.3, 76-5-109.4, and 76-5-114;

(iii) during the 10 years before the day on which the individual files a petition with -the 87court -seeking H.B.custody the individual has not been convicted, plead guilty, or plead no contest to an offense greater than an infraction or traffic violation that would likely impact the health, safety, or well-being of the minor child;

289- 02-1787 15:04- theH.B. court seeking custody the individual has not been convicted, plead guilty, or plead no contest to an offense greater than an infraction or traffic violation that would likely impact the health, safety, or well-being of the minor child;

289 Enrolled Copy (iv) the individual can provide evidence of successful treatment or rehabilitation directly related to the disqualifying offense;

(c) The individual with the disqualifying offense bears the burden of proof regarding why placement with that individual is in the best interest of the minor child over another responsible relative or equally situated individual who does not have a -disqualifying 88offense. - 02-17 15:04 H.B.

289 disqualifying offense.

(i)- preference88 for- custodyEnrolled isCopy givenH.B. to a relative who does not have a disqualifying offense;

289 (i) preference for custody is given to a relative who does not have a disqualifying offense;

-(b) 89aggravated -child H.B.abuse, as described in Section 76-5-109.2;

289 02-17 15:04 (b) aggravated child abuse, as described in Section 76-5-109.2;

(e)- commission89 of- domesticH.B. violence in the presence of a child, as described in Section 76-5-114;

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

(iii) the adult can provide evidence of successful treatment or rehabilitation directly -related 90to -the 02-17disqualifying 15:04offense; H.B.

289(iv) the court determines that the risk related to the disqualifying offense;offense is unlikely to cause harm, as defined in Section 80-1-102, or potential harm to the minor child - 90 - Enrolled Copy H.B.

(iv)289 the court determines that the risk related to the disqualifying offense is unlikely to cause harm, as defined in Section 80-1-102, or potential harm to the minor child currently or at any time in the future when considering all of the following:

-(A) 91an -impartial H.B.custody evaluation shall be completed;

289 02-17 15:04 (A) an impartial custody evaluation shall be completed;

(8) Subsections (6) and (7) apply to a case pending on March 25, 2017, for which a final decision- on91 adoption- hasH.B. not been made and to a case filed on or after March 25, 2017.

289 Enrolled Copy decision on adoption has not been made and to a case filed on or after March 25, 2017.