HB 90 — Sexual Offenses Amendments

90 or neglect described in Section 80-3-404 or 80-3-504;

- 9 - HB0090 compared with HB0090S02 (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);

(4)- (a)9 With- theH.B. 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.

90 Enrolled Copy (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.

and - 10 - HB0090 compared with HB0090S02 (ii) monitoring national criminal background databases and identifying criminal activity associated with the applicant.

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

(A)- an10 offense- identifiedEnrolled asCopy domesticH.B. violence, lewdness, voyeurism, battery, cruelty to animals, or bestiality;

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

- 11 - HB0090 compared with HB0090S02 (M) aggravated exploitation of prostitution, as described in Section 76-5d-208;

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

(ii)- The11 office- shallH.B. conduct a comprehensive review of an applicant described in Subsection (5)(b)(i) in accordance with Subsection (7).

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

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

- 12 - HB0090 compared with HB0090S02 (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);

(e) has a class B misdemeanor or class C misdemeanor conviction that is more than 10 years from the date on which the office conducts the background check, for an offense described in Subsection (5)(5)(a), (a), with criminal or non-criminal findings after the- date12 of- conviction;Enrolled Copy H.B.

90 the date of conviction;

- 13 - HB0090 compared with HB0090S02 (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;

(o) has a listing that occurred more than 15 years from the date on which the office conducts the background check in the Division of Aging and Adult Services' vulnerable adult abuse, neglect, or exploitation database described in Section 26B-6-210,- with13 criminal- orH.B. non-criminal findings after the date of the listing;

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

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

- 14 - HB0090 compared with HB0090S02 (C) sexual exploitation;

(9)- (a)14 The- officeEnrolled mayCopy conditionallyH.B. 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:

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

-(10)(a) 15 - HB0090 compared with HB0090S02 (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.

(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- application15 in- accordanceH.B. with this section.

90 Enrolled Copy subsequent application in accordance with this section.

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

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

and - 16 - HB0090 compared with HB0090S02 (ii) within three years from the date on which the office conducts the background check, the applicant has a felony or misdemeanor charge or conviction or a non-criminal finding.

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

(i)- federal16 law- orEnrolled ruleCopy permitsH.B. otherwise;

90 (i) federal law or rule permits otherwise;

- 17 - HB0090 compared with HB0090S02 (E) commission of domestic violence in the presence of a child, as described in Section 76-5-114;

(T)- aggravated17 exploitation- ofH.B. a minor, as described in Section 76-5b-201.1;

90 Enrolled Copy (T) aggravated exploitation of a minor, as described in Section 76-5b-201.1;

- 18 - HB0090 compared with HB0090S02 (iv) an offense described in Title 58, Chapter 37, Utah Controlled Substances Act;

or (vi)- has18 a- listingEnrolled onCopy theH.B. 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.

90 (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.

26B-4-501.26B-4-501 .

- 19 - HB0090 compared with HB0090S02 (3) "Designated facility" means:

(10)- "Health19 care- provider"H.B. means:

90 Enrolled Copy (10) "Health care provider" means:

- 20 - HB0090 compared with HB0090S02 (a) a law enforcement agency;

or (l)- an20 individual.- Enrolled Copy H.B.

90 (l) an individual.

(22)(22)(a) (a) "Self-administered hormonal contraceptive" means a self-administered hormonal contraceptive that is approved by the United States Food and Drug Administration to prevent pregnancy.

- 21 - HB0090 compared with HB0090S02 (c) "Self-administered hormonal contraceptive" does not include any drug intended to induce an abortion, as that term is defined in Section 76-7-301.

(23)(23)[(a)] [(a)] "Sexual assault" means any criminal conduct described in Title 76, Chapter 5, Part 4, Sexual Offenses, that may result in a pregnancy.

31A-21-501.31A-21-501 .

(2) "Cohabitant" means an emancipated individual pursuant to Section 15-2-1 or an individual- who21 is- yearsH.B. old or older who:

90 Enrolled Copy individual who is 16 years old or older who:

(3)(3)[(a)] [(a)] "Child abuse" means the commission or attempt to commit against a child a criminal offense described in:

- 22 - HB0090 compared with HB0090S02 [(b) "Child abuse" does not include the criminal offense of enticing a minor, as described in Section 76-5-417.] (4)(4)[(a)] [(a)] "Domestic violence" means any criminal offense 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 and includes commission or attempt to commit, any of the following offenses by one cohabitant against another:

[(xii)] (l) any offense against property described in Title 76, Chapter 6, Part 1, Property Destruction,- Part22 2,- BurglaryEnrolled andCopy CriminalH.B. Trespass, or Part 3, Robbery;

90 Destruction, Part 2, Burglary and Criminal Trespass, or Part 3, Robbery;

[(b) "Domestic violence" does not include the criminal offense of:] [(i) enticing a minor, as described in Section 76-5-417;] - 23 - HB0090 compared with HB0090S02 [(ii) sexual battery, as described in Section 76-5-418;] [(iii) lewdness, as described in Section 76-5-419;

34-52-201.34-52-201 .

or (d)- deny23 a- mentalH.B. health professional applicant employment based on a past criminal conviction that does not bear a direct relationship to the mental health professional applicant's ability to safely or competently perform the duties of employment.

90 Enrolled Copy (d) deny a mental health professional applicant employment based on a past criminal conviction that does not bear a direct relationship to the mental health professional applicant's ability to safely or competently perform the duties of employment.

- 24 - HB0090 compared with HB0090S02 (i) on an employment application;

and (ii)(ii)(A) (A) the mental health professional applicant was not incarcerated for the past criminal conviction;

(6)- (a)24 Subsections- (1)Enrolled throughCopy (4)H.B. do not apply:

-90 25(6)(a) -Subsections HB0090(1) comparedthrough with(4) HB0090S02do (i)not ifapply: federal, state, or local law, including corresponding administrative rules, requires the consideration of an applicant's criminal conviction, an expunged conviction, an arrest for an offense that occurred before the applicant was 18 years old, or juvenile delinquency history;

(i) if federal, state, or local law, including corresponding administrative rules, requires the consideration of an applicant's criminal conviction, an expunged conviction, an arrest for an offense that occurred before the applicant was 18 years old, or juvenile delinquency history;

34A-5-114.34A-5-114 .

or (iv)- allegations25 of- sexualH.B. harassment.

-90 26Enrolled -Copy HB0090(iv) comparedallegations with HB0090S02 (d) "Non-disparagement clause" means an agreement between an employee and employer that prohibits, or has the effect of prohibiting,sexual anharassment. employee from making a negative statement that is:

(d) "Non-disparagement clause" means an agreement between an employee and employer that prohibits, or has the effect of prohibiting, an employee from making a negative statement that is:

(h)(h)[(i)] [(i)] "Sexual assault" means:

- 2726 - HB0090Enrolled comparedCopy withH.B. HB0090S02 (k) "Sexual harassment dispute" means a dispute between an employer and the employer's employee relating to alleged sexual harassment.

(2)90 (a)(k) A"Sexual confidentialityharassment clausedispute" regardingmeans sexual misconduct, as a conditiondispute ofbetween employment,an isemployer againstand publicthe policyemployer's andemployee isrelating voidto andalleged unenforceable.sexual harassment.

(2)(a) A confidentiality clause regarding sexual misconduct, as a condition of employment, is against public policy and is void and unenforceable.

- 2827 - HB0090H.B. compared with HB0090S02 (d) prohibit an employee from discussing sexual misconduct or allegations of sexual misconduct in a civil or criminal case when subpoenaed if the sexual misconduct or allegations of sexual misconduct are against the individual whom the employee alleged engaged in sexual misconduct;

90 Enrolled Copy (d) prohibit an employee from discussing sexual misconduct or allegations of sexual misconduct in a civil or criminal case when subpoenaed if the sexual misconduct or allegations of sexual misconduct are against the individual whom the employee alleged engaged in sexual misconduct;

53-10-801.53-10-801 .

- 2928 - HB0090Enrolled comparedCopy withH.B. HB0090S02 (7) "Positive" means an indication of the HIV infection as defined in Subsection (3).

(8)90 (a)(7) "Sexual"Positive" offense" means aan violationindication of anythe offenseHIV underinfection Titleas 76,defined Chapterin 5,Subsection Part(3). 4, Sexual Offenses.

(8)(a) "Sexual offense" means a violation of any offense under Title 76, Chapter 5, Part 4, Sexual Offenses.

53G-8-201.53G-8-201 .

(1) "Serious offense" means the same as that term is defined in Section 80-6-10380-6-103. [(1)] (2) [(a)] "Sexual crime" or "sexual misconduct" means any conduct described in:

[(1)] (2)[(a)] "Sexual crime" or "sexual misconduct" means any conduct described in:

57-22-5.1.57-22-5.1 .

(a)(a)(i) (i) "Court order" means, except as provided in Subsection (1)(a)(ii):

or - 30 - HB0090 compared with HB0090S02 (D) a criminal stalking injunction, as defined in Section 78B-7-102.

or (B)- an29 ex- parteH.B. civil stalking injunction, as defined in Section 78B-7-102, for which a hearing is requested.

(b)90 [(i)]Enrolled "CrimeCopy victim"(B) meansan ex parte civil stalking injunction, as defined in Section 78B-7-102, for which a victimhearing of:is requested.

(b)[(i)] "Crime victim" means a victim of:

(e)(e)(i) (i) "Future obligations" means a renter's obligations under the rental agreement after the date on which the renter vacates the residential rental unit in accordance with Subsection (6).

- 31 - HB0090 compared with HB0090S02 (a) a protective order protecting the renter issued pursuant to Title 78B, Chapter 7, Part 6, Cohabitant Abuse Protective Orders, subsequent to a hearing of which the petitioner and respondent have been given notice under Title 78B, Chapter 7, Part 6, Cohabitant Abuse Protective Orders;

(3)(3)(a) (a) A renter who is a crime victim may require the renter's owner to install a new lock to- the30 renter's- residentialEnrolled rentalCopy unitH.B. if the renter:

90 to the renter's residential rental unit if the renter:

- 32 - HB0090 compared with HB0090S02 (4) A renter who is a victim of domestic violence may terminate all of the renter's future obligations under a rental agreement if the renter:

(c) provides the owner with a written notice of termination that includes the date on which- the31 renter- intendsH.B. to vacate the renter's residential rental unit;

90 Enrolled Copy which the renter intends to vacate the renter's residential rental unit;

(5) A renter may terminate all of the renter's future obligations under a rental agreement under Subsection (4) when the renter is not in compliance with the requirements of Subsection 57-22-5(1)57-22-5(1)(g) (g) or (2) if:

(a) the renter provides evidence to the owner with the written notice of termination under Subsection (4)(4)(c) (c) establishing that:

- 33 - HB0090 compared with HB0090S02 (8) A renter who terminates all of the renter's future obligations under a rental agreement under Subsection (4) is liable for any financial obligation owed by the renter:

(9) The termination of a renter's future obligations under a rental agreement does not terminate- the32 rental- agreementEnrolled forCopy anyH.B. other person entitled under the rental agreement to occupy the residential rental unit.

90 terminate the rental agreement for any other person entitled under the rental agreement to occupy the residential rental unit.

59-27-105.59-27-105 .

(1) There is created an expendable special revenue fund called the "Sexually Explicit Business and Escort Service Fund." (2)(2)(a) (a) Except as provided in Subsection (3), the fund consists of all amounts collected by the commission under this chapter.

(b)(b)(i) (i) The money in the fund shall be invested by the state treasurer pursuant to Title 51, Chapter 7, State Money Management Act.

(4)(4)(a) (a) Fund money shall be used as provided in this Subsection (4).

- 34 - HB0090 compared with HB0090S02 (i) have been convicted of an offense under Title 76, Chapter 5, Part 4, Sexual Offenses[, other than Section 76-5-417, 76-5-418, 76-5-419, or 76-5-420];

(d)- The33 Department- ofH.B. Corrections shall use 10% of the money in the fund, in addition to existing budgets, to implement treatment programs for juveniles who have been convicted of an offense under Title 76, Chapter 5, Part 4, Sexual Offenses[, other than Section 76-5-417, 76-5-418, 76-5-419, or 76-5-420].

90 Enrolled Copy (d) The Department of Corrections shall use 10% of the money in the fund, in addition to existing budgets, to implement treatment programs for juveniles who have been convicted of an offense under Title 76, Chapter 5, Part 4, Sexual Offenses[, other than Section 76-5-417, 76-5-418, 76-5-419, or 76-5-420].

63M-7-502.63M-7-502 .

- 35 - HB0090 compared with HB0090S02 (b) the insurance of the offender or the victim;

(g)- wage34 continuation- programsEnrolled ofCopy anyH.B. employer;

90 (g) wage continuation programs of any employer;

(7)(7)(a) (a) "Confidential record" means a record in the custody of the office that relates to a claimant's eligibility for a reparations award.

(9)(9)(a) (a) "Criminally injurious conduct" other than acts of war declared or not declared means conduct that:

- 36 - HB0090 compared with HB0090S02 (iv) is punishable by fine, imprisonment, or death if the individual engaging in the conduct possessed the capacity to commit the conduct;

(10)(10)(a) (a) "Dependent" means a natural person to whom the victim is wholly or partially legally- responsible35 for- careH.B. or support.

90 Enrolled Copy legally responsible for care or support.

(15)(15)(a) - 37 - HB0090 compared with HB0090S02 (a) "Economic loss" means economic detriment consisting only of allowable expense, work loss, replacement services loss, and if injury causes death, dependent's economic loss and dependent's replacement service loss.

(19)(19)(a) (a) "Interpersonal violence" means an act involving violence, physical harm, or a threat of violence or physical harm, that is committed by an individual who is or has been in a domestic, dating, sexual, or intimate relationship with the victim.

(20)- "Law36 enforcement- agency"Enrolled meansCopy aH.B. public or private agency having general police power and charged with making arrests in connection with enforcement of the criminal statutes and ordinances of this state or any political subdivision of this state.

90 (20) "Law enforcement agency" means a public or private agency having general police power and charged with making arrests in connection with enforcement of the criminal statutes and ordinances of this state or any political subdivision of this state.

(22)(22)(a) (a) "Medical examination" means a physical examination necessary to document criminally injurious conduct.

- 38 - HB0090 compared with HB0090S02 (24) "Misconduct" means conduct by the victim that was attributable to the injury or death of the victim as provided by rules made by the office in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

(34)(34)(a) (a) "Rape crisis and services center" means a nonprofit entity that assists victims of sexual assault and victims' families by offering sexual assault crisis intervention and counseling- through37 a- sexualH.B. assault counselor.

90 Enrolled Copy counseling through a sexual assault counselor.

(37)(37)(a) - 39 - HB0090 compared with HB0090S02 (a) "Reparations officer" means an individual employed by the office to investigate a claimant's request for reparations and award reparations under this part.

(39)(39)(a) (a) "Representative" means the victim, immediate family member, legal guardian, attorney, conservator, executor, or an heir of an individual.

(41)(41)(a) (a) "Restitution record" means a record documenting payments made to, or on behalf of, a claimant by the office that the office relies on to support a restitution request made in accordance with Section 77-38b-205.

(44)- "Serious38 bodily- injury"Enrolled meansCopy theH.B. same as that term is defined in Section 76-1-101.5.

(45)90 [(a)](44) "Sexual"Serious assault"bodily injury" means anythe criminalsame conductas describedthat interm Titleis 76,defined Chapterin 5,Section Part76-1-101.5. 4, Sexual Offenses.

-(45)[(a)] 40 - HB0090 compared with HB0090S02 [(b) "Sexual assault" doesmeans notany include criminal conduct described in:]in [(i)Title Section76, 76-5-417,Chapter enticing5, aPart minor;]4, [(ii)Sexual SectionOffenses. 76-5-418, sexual battery;] [(iii) Section 76-5-419, lewdness;

[(b) "Sexual assault" does not include criminal conduct described in:] [(i) Section 76-5-417, enticing a minor;] [(ii) Section 76-5-418, sexual battery;] [(iii) Section 76-5-419, lewdness;

(49)(49)(a) (a) "Victim" means an individual who suffers bodily or psychological injury or death as a direct result of:

Section- 12.39 - H.B.

90 Enrolled Copy Section 12.

76-2-306.76-2-306 .

- 41 - HB0090 compared with HB0090S02 (1) Voluntary intoxication is not a defense to a criminal charge unless such intoxication negates the existence of the mental state which is an element of the offense.

76-3-203.1.76-3-203.1 .

and (ii)- acts40 of- theEnrolled individualCopy thatH.B. are consistent or inconsistent with the intent expressed by the individual.

-90 42(ii) -acts HB0090of compared with HB0090S02 (2) An actor who commits an offense listed in Subsection (6) is subject to an enhanced penalty for the offenseindividual asthat providedare inconsistent Subsectionor (5)inconsistent ifwith the trierintent ofexpressed factby finds beyond a reasonable doubt that the actorindividual. acted:

(2) An actor who commits an offense listed in Subsection (6) is subject to an enhanced penalty for the offense as provided in Subsection (5) if the trier of fact finds beyond a reasonable doubt that the actor acted:

(a)(a)(i) (i) acted in concert with two or more individuals;

and (ii)(ii)(A) (A) traveled more than 50 miles from the actor's principal place of residence for the purpose of the actor committing an offense listed in Subsection (7);

- 43 - HB0090 compared with HB0090S02 (6) The offenses referred to in Subsection (2) are:

(c)- a41 felony- offenseH.B. described in Chapter 5, Part 3, Kidnapping, Trafficking, and Smuggling;

90 Enrolled Copy (c) a felony offense described in Chapter 5, Part 3, Kidnapping, Trafficking, and Smuggling;

- 44 - HB0090 compared with HB0090S02 {Section 14.

Section 76-3-203.5 is amended to read:

} 76-3-203.5.

Habitual violent offender -- Definition -- Procedure -- Penalty.

(1) As used in this section:

(a) "Felony" means any violation of a criminal statute of the state, any other state, the United States, or any district, possession, or territory of the United States for which the maximum punishment the offender may be subjected to exceeds one year in prison.

(b) "Habitual violent offender" means a person convicted within the state of any violent felony and who on at least two previous occasions has been convicted of a violent felony and committed to either prison in Utah or an equivalent correctional institution of another state or of the United States either at initial sentencing or after revocation of probation.

(c) "Violent felony" means:

(i) any of the following offenses, or any attempt, solicitation, or conspiracy to commit any of the following offenses punishable as a felony:

(A) arson as described in Section 76-6-102;

(B) causing a catastrophe as described in Subsection 76-6-105(3)(a) or (3)(b);

(C) criminal mischief as described in Section 76-6-106;

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

(E) assault by prisoner as described in Section 76-5-102.5;

(F) disarming a police officer as described in Section 76-5-102.8;

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

(H) aggravated assault by prisoner as described in Section 76-5-103.5;

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

(J) stalking as described in Subsection 76-5-106.5(2);

(K) threat of terrorism as described in Section 76-5-107.3;

(L) aggravated child abuse as described in Subsection 76-5-109.2(3)(a) or (b);

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

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

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

(P) abuse or exploitation of a vulnerable adult as described in Section 76-5-111, 76-5-111.2, 76-5-111.3, or 76-5-111.4;

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

- 45 - HB0090 compared with HB0090S02 (R) an offense described in Chapter 5, Part 2, Criminal Homicide;

(S) kidnapping as described in Section 76-5-301;

(T) child kidnapping as described in Section 76-5-301.1;

(U) aggravated kidnapping as described in Section 76-5-302;

(V) rape as described in Section 76-5-402;

(W) rape of a child as described in Section 76-5-402.1;

(X) object rape as described in Section 76-5-402.2;

(Y) object rape of a child as described in Section 76-5-402.3;

(Z) forcible sodomy as described in Section 76-5-403;

(AA) sodomy on a child as described in Section 76-5-403.1;

(BB) forcible sexual abuse as described in Section 76-5-404;

(CC) sexual abuse of a child as described in Section 76-5-404.1;

(DD) aggravated sexual abuse of a child as described in Section 76-5-404.3;

(EE) aggravated sexual assault as described in Section 76-5-405;

(FF) sexual exploitation of a minor as described in Section 76-5b-201;

(GG) aggravated sexual exploitation of a minor as described in Section 76-5b-201.1;

(HH) sexual exploitation of a vulnerable adult as described in Section 76-5b-202;

(II) aggravated exploitation of prostitution as described in Subsection 76-5d-208(2)(a);

(JJ) burglary as described in Subsection 76-6-202(3)(b);

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

(LL) robbery as described in Section 76-6-301;

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

(NN) theft by extortion as described in Subsection 76-6-406(1)(a)(i) or (1)(a)(ii);

(OO) tampering with a witness as described in Section 76-8-508;

(PP) retaliation against a witness, victim, or informant as described in Section 76-8-508.3;

(QQ) tampering or retaliating against a juror as described in Subsection 76-8-508.5(2)(a)(iii);

(RR) extortion to dismiss a criminal proceeding as described in Subsection 76-6-406(1)(a)(i), (ii), or (ix);

(SS) bus hijacking as described in Section 76-9-1502;

(TT) assault with intent to commit bus hijacking as described in Section 76-9-1503;

- 46 - HB0090 compared with HB0090S02 (UU) purchase or possession of a dangerous weapon by a restricted person as described in Section 76-11-305 or 76-11-306;

(VV) unlawful delivery of explosive, chemical, or incendiary devices as described in Section 76-15-209;

(WW) unlawful conduct involving an explosive, chemical, or incendiary device as described in Section 76-15-210;

(XX) unlawful conduct involving an explosive, chemical, or incendiary part as described in Section 76-15-211;

(YY) unlawful discharge of a firearm or hurling of a missile into a bus or terminal as described in Section 76-9-1504;

and (ZZ) felony discharge of a firearm as described in Section 76-11-210.

(ii) any felony violation of a criminal statute of any other state, the United States, or any district, possession, or territory of the United States which would constitute a violent felony as defined in this Subsection (1) if committed in this state.

(2) If a person is convicted in this state of a violent felony by plea or by verdict and the trier of fact determines beyond a reasonable doubt that the person is a habitual violent offender under this section, the penalty for a:

(a) third degree felony is as if the conviction were for a first degree felony;

(b) second degree felony is as if the conviction were for a first degree felony;

or (c) first degree felony remains the penalty for a first degree penalty except:

(i) the convicted person is not eligible for probation;

and (ii) the Board of Pardons and Parole shall consider that the convicted person is a habitual violent offender as an aggravating factor in determining the length of incarceration.

(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 a habitual violent offender under this section.

Notice shall include the case number, court, and date of conviction or commitment of any case relied upon by the prosecution.

(b) (i) The defendant shall serve notice in writing upon the prosecutor if the defendant intends to deny that:

(A) the defendant is the person who was convicted or committed;

- 47 - HB0090 compared with HB0090S02 (B) the defendant was represented by counsel or had waived counsel;

or (C) the defendant's plea was understandingly or voluntarily entered.

(ii) The notice of denial shall be served not later than five days prior to trial and shall state in detail the defendant's contention regarding the previous conviction and commitment.

(4) (a) If the defendant enters a denial under Subsection (3)(b) and if the case is tried to a jury, the jury may not be told, until after it returns its verdict on the underlying felony charge, of the:

(i) defendant's previous convictions for violent felonies, except as otherwise provided in the Utah Rules of Evidence;

or (ii) allegation against the defendant of being a habitual violent offender.

(b) If the jury's verdict is guilty, the defendant shall be tried regarding the allegation of being an habitual violent offender by the same jury, if practicable, unless the defendant waives the jury, in which case the allegation shall be tried immediately to the court.

(c) (i) Before or at the time of sentencing the trier of fact shall determine if this section applies.

(ii) The trier of fact shall consider any evidence presented at trial and the prosecution and the defendant shall be afforded an opportunity to present any necessary additional evidence.

(iii) Before sentencing under this section, the trier of fact shall determine whether this section is applicable beyond a reasonable doubt.

(d) If any previous conviction and commitment is based upon a plea of guilty or no contest, there is a rebuttable presumption that the conviction and commitment were regular and lawful in all respects if the conviction and commitment occurred after January 1, 1970.

If the conviction and commitment occurred prior to 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 the right to have counsel present, and that the defendant's plea was understandingly and voluntarily entered.

(e) If the trier of fact finds this section applicable, the court shall enter that specific finding on the record and shall indicate in the order of judgment and commitment that the defendant has been found by the trier of fact to be a habitual violent offender and is sentenced under this section.

(5) (a) The sentencing enhancement provisions of Section 76-3-407 supersede the provisions of this section.

- 48 - HB0090 compared with HB0090S02 (b) [(i)] Notwithstanding Subsection (5)(a) [and except as provided in Subsection (5)(b)(ii)], the "violent felony" offense defined in Subsection (1)(c) shall include any felony sexual offense violation of Chapter 5, Part 4, Sexual Offenses, to determine if the convicted person is a habitual violent offender.

[(ii) The "violent felony" offense defined in Subsection (1)(c) does not include any felony sexual offense violation of:] [(A) enticing a minor, Section 76-5-417;] [(B) lewdness, Section 76-5-419;

or] [(C) lewdness involving a child, Section 76-5-420.] (6) The sentencing enhancement described in this section does not apply if:

(a) the offense for which the person is being sentenced is:

(i) a grievous sexual offense;

(ii) child kidnapping, Section 76-5-301.1;

(iii) aggravated kidnapping, Section 76-5-302;

or (iv) forcible sexual abuse, Section 76-5-404;

and (b) applying the sentencing enhancement provided for in this section would result in a lower maximum penalty than the penalty provided for under the section that describes the offense for which the person is being sentenced.

76-3-203.12.76-3-203.12 .

(1)- As42 used- inEnrolled thisCopy section:H.B.

90 (1) As used in this section:

- 49 - HB0090 compared with HB0090S02 (2) A person convicted of a sexual offense is subject to an enhanced penalty if at the time of the sexual offense the person was infected with human immunodeficiency virus, acquired immunodeficiency virus, hepatitis B, or hepatitis C and the person knew of the infection.

(3)(3)(a) (a) Except as provided in Subsection (3)(b), the enhancement of a penalty described in Subsection (2) shall be an enhancement of one classification higher than the root offense for which the person was convicted.

76-3-209.76-3-209 .

[(b) "Qualifying sexual offense" does not include enticing a minor as described in Section 76-5-417.] (2)(2)(a) (a) This Subsection (2) only applies prospectively to an individual sentenced on or after May 10, 2016.

(3) Except as provided in Subsection (4), if an individual is convicted in district court of a qualifying sexual offense and, at the time of the offense, the individual was at least 14 years- old,43 but- underH.B. 18 years old:

90 Enrolled Copy years old, but under 18 years old:

- 50 - HB0090 compared with HB0090S02 (iv) the criminal history of the individual after the individual committed the offense;

{Section 17.

Section 76-3-407 is amended to read:

} 76-3-407.

Repeat and habitual sex offenders -- Additional prison term for prior felony convictions.

-- Mandatory imprisonment for entire term of imprisonment.

(1) As used in this section:

(a) [(i)] "Prior sexual offense" means:

[(A)] (i) a felony offense described in Chapter 5, Part 4, Sexual Offenses;

[(B)] (ii) sexual exploitation of a minor, Section 76-5b-201;

[(C)] (iii) aggravated sexual exploitation of a minor, Section 76-5b-201.1;

- 51 - HB0090 compared with HB0090S02 [(D)] (iv) a felony attempt to commit an offense described in Subsections [(1)(a)(i)(A) through (C)] (1)(a)(i) through (iii);

or [(E)] (v) an offense in another state, territory, or district of the United States that, if committed in Utah, would constitute an offense described in Subsections [(1)(a)(i)(A) through (D)] (1)(a)(i) through (iv).

[(ii) "Prior sexual offense" does not include:] [(A) lewdness, as described in Section 76-5-419;

or] [(B) lewdness involving a child, as described in Section 76-5-420.] (b) [(i)] "Sexual offense" means:

[(A)] (i) an offense that is a second or third degree felony, or an attempted offense, which attempt is a second or third degree felony, described in Chapter 5, Part 4, Sexual Offenses;

[(B)] (ii) sexual exploitation of a minor, Section 76-5b-201;

[(C)] (iii) aggravated sexual exploitation of a minor, Section 76-5b-201.1;

[(D)] (iv) a felony attempt to commit an offense described in Subsections [(1)(b)(i)(B) and (C)] (1) (b)(ii) and (iii);

or [(E)] (v) an offense in another state, territory, or district of the United States that, if committed in Utah, would constitute an offense described in Subsections [(1)(b)(i)(A) through (D)] (1)(b)(i) through (iv).

[(ii) "Sexual offense" does not include:] [(A) lewdness, as described in Section 76-5-419;

or] [(B) lewdness involving a child, as described in Section 76-5-420.] (2) Notwithstanding any other provision of law, the minimum and maximum penalty for a sexual offense is increased by five years for each conviction of the defendant for a prior sexual offense that arose from a separate criminal episode, if the trier of fact finds that:

(a) the defendant was convicted of a prior sexual offense;

and (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.

(3) The increased term described in Subsection (2) shall be in addition to, and consecutive to, any other prison term served by the defendant.

- 52 - HB0090 compared with HB0090S02 (4) If a defendant's conviction is increased under this section, the defendant's entire sentence for the conviction is subject to mandatory imprisonment under Section 76-3-406.

76-4-102.76-4-102 .

(a)(a)(i) (i) a capital felony, or a felony punishable by imprisonment for life without parole, is- a44 first- degreeEnrolled felony;Copy H.B.

90 is a first degree felony;

(d) one of [the][the the]the following offenses is a first degree felony that is punishable by imprisonment for an indeterminate term of not fewer than three years and which may be for life:

- 53 - HB0090 compared with HB0090S02 (2) If, when imposing a sentence under Subsection (1)(a)(ii), a court finds that a lesser term than the term described in Subsection (1)(a)(ii) is in the interests of justice and the court states the reasons for this finding on the record, the court may impose a term of imprisonment of not less than:

(3)- If,45 when- imposingH.B. a sentence under Subsection (1)(e), a court finds that a lesser term than the term described in Subsection (1)(e) is in the interests of justice and states the reasons for this finding on the record, the court may impose a term of imprisonment of not less than:

90 Enrolled Copy (3) If, when imposing a sentence under Subsection (1)(e), a court finds that a lesser term than the term described in Subsection (1)(e) is in the interests of justice and states the reasons for this finding on the record, the court may impose a term of imprisonment of not less than:

76-4-202.76-4-202 .

76-4-203.76-4-203 .

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

- 54 - HB0090 compared with HB0090S02 (ii) "Solicit" means to ask, command, encourage, importune, offer to hire, or request.

(a) a capital felony, or a felony punishable by imprisonment for life without parole, is a first- degree46 felony;- Enrolled Copy H.B.

90 first degree felony;

- 55 - HB0090 compared with HB0090S02 (6) It is not a defense to a violation of this section that:

(v)- was47 acquitted,- wasH.B. not prosecuted or convicted, or was convicted of a different offense or of a different type or degree of offense;

90 Enrolled Copy (v) was acquitted, was not prosecuted or convicted, or was convicted of a different offense or of a different type or degree of offense;

76-5-107.76-5-107 .

(a)(a)(i) (i) threatens to commit an offense:

or - 56 - HB0090 compared with HB0090S02 (b) makes a threat, accompanied by a show of immediate force or violence, to do bodily injury to an individual.

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

Section- 20.48 - Enrolled Copy H.B.

90 Section 20.

76-5-302.76-5-302 .

(1)(1)(a) (a) As used in this section, "in the course of committing unlawful detention or kidnapping" means in the course of committing, attempting to commit, or in the immediate flight after the attempt or commission of a violation of:

-(3)(a) 57 - HB0090 compared with HB0090S02 (3) (a) A violation of Subsection (2) in the course of committing unlawful detention is a third degree felony.

or (c) life without parole, if the trier of fact finds that at the time of the commission of the aggravated- kidnapping,49 the- defendantH.B. was previously convicted of a grievous sexual offense.

90 Enrolled Copy aggravated kidnapping, the defendant was previously convicted of a grievous sexual offense.

(6) The provisions of Subsection (5) do not apply when a defendant is sentenced under Subsection (4)(4)(c). (c).

76-5b-201.76-5b-201 .

(3)(3)(a) - 58 - HB0090 compared with HB0090S02 (a) A violation of Subsection (2) is a second degree felony.

and (iii) upon request of a law enforcement agent or the minor depicted in the child sexual abuse material, removes from an electronic device or destroys the child sexual abuse material and all copies of the child sexual abuse material in the defendant's- possession;50 - Enrolled Copy H.B.

90 defendant's possession;

- 59 - HB0090 compared with HB0090S02 (e) an attorney or employee of an attorney who is required to view child sexual abuse material during the course of a judicial process and while acting within the scope of employment;

76-7-101.- 51 - H.B.

90 Enrolled Copy 76-7-101 .

(i) [ ]commits a felony [offense, or for Section 76-5-418, a misdemeanor offense, in ]violation] violation of[ one or more of the following]:

- 60 - HB0090 compared with HB0090S02 [(vi)] (F) Section 76-5-111.2, aggravated abuse of a vulnerable adult;

(5)- It52 is- aEnrolled defenseCopy toH.B. prosecution under Subsection (2) that:

90 (5) It is a defense to prosecution under Subsection (2) that:

77-2-9.77-2-9 .

- 61 - HB0090 compared with HB0090S02 (g) any case involving operating a commercial motor vehicle in a negligent manner causing the death of another including the offenses of:

Section- 24.53 - H.B.

90 Enrolled Copy Section 24.

77-7a-104.77-7a-104 .

- 62 - HB0090 compared with HB0090S02 (e) shall record in an uninterrupted manner until after the conclusion of a law enforcement encounter, except as an interruption of a recording is allowed under this section;

(i)- to54 consult- withEnrolled aCopy supervisorH.B. or another officer;

90 (i) to consult with a supervisor or another officer;

and (C) the officer's body-worn camera is reactivated as soon as reasonably possible after the evidence-evidence-based based lethality assessment is complete;

and - 63 - HB0090 compared with HB0090S02 (k) may not activate a body-worn camera in a hospital, health care facility, human service program, or the clinic of a health care provider, except during a law enforcement encounter, and with notice under Section 77-7a-105.

77-22-2.5.- 55 - H.B.

90 Enrolled Copy 77-22-2.5 .

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

- 64 - HB0090 compared with HB0090S02 (f) "Remote computing service" means the provision to the public of computer storage or processing services by means of an electronic communications system.

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

or [(F)]- (vi)56 aggravated- sexualEnrolled extortionCopy ofH.B. a child in violation of Section 76-5b-204.

90 [(F)] (vi) aggravated sexual extortion of a child in violation of Section 76-5b-204.

- 65 - HB0090 compared with HB0090S02 (i) names of subscribers, service customers, and users;

(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.

(5)- The57 electronic- communicationsH.B. system or service or remote computing service provider served with or responding to the court order may not disclose the court order to the account holder identified pursuant to the court order for a period of 90 days.

90 Enrolled Copy (5) The electronic communications system or service or remote computing service provider served with or responding to the court order may not disclose the court order to the account holder identified pursuant to the court order for a period of 90 days.

(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.

- 66 - HB0090 compared with HB0090S02 (b) Rights and remedies for providers and subscribers under Title 77, Chapter 23b, Access to Electronic Communications, apply to providers and subscribers subject to a court order issued under this section.

77-36-1.77-36-1 .

(4)(4)(a) (a) "Domestic violence" or "domestic violence offense" means any criminal offense 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- physical58 harm,- whenEnrolled committedCopy byH.B. one cohabitant against another.

90 or physical harm, when committed by one cohabitant against another.

- 67 - HB0090 compared with HB0090S02 (vii) kidnapping, child kidnapping, or aggravated kidnapping under Sections 76-5-301, 76-5-301.1, and 76-5-302;

(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.

(xviii)- tampering59 with- aH.B. witness under Section 76-8-508;

90 Enrolled Copy (xviii) tampering with a witness under Section 76-8-508;

- 68 - HB0090 compared with HB0090S02 (xxix) damage to or interruption of a communication device under Section 76-6-108;

(12) "Sentencing protective order" means a written order of the court as part of sentencing in- a60 domestic- violenceEnrolled caseCopy thatH.B. limits the contact an individual who is convicted or adjudicated of a domestic violence offense may have with a victim or other specified individuals under Section 78B-7-804.

90 in a domestic violence case that limits the contact an individual who is convicted or adjudicated of a domestic violence offense may have with a victim or other specified individuals under Section 78B-7-804.

77-37-2.77-37-2 .

- 69 - HB0090 compared with HB0090S02 (2) "Child" means a person who is younger than 18 years old, unless otherwise specified in statute.

(6)(6)(a) (a) "Sexual offense" means any conduct described in:

77-38-601.77-38-601 .

(1)- "Abuse"61 means- anyH.B. of the following:

90 Enrolled Copy (1) "Abuse" means any of the following:

- 70 - HB0090 compared with HB0090S02 (3) "Assailant" means an individual who commits or threatens to commit abuse, human trafficking, domestic violence, stalking, or a sexual offense against an applicant for the program or a minor or incapacitated individual residing with an applicant for the program.

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

(15)- "Program62 participant"- meansEnrolled anCopy individualH.B. who is enrolled under Section 77-38-606 by the commission to participate in the program.

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

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

- 71 - HB0090 compared with HB0090S02 (i) a sexual offense under Title 76, Chapter 5, Part 4, Sexual Offenses;

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

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

(i)- any63 sexual- offenseH.B. described in:

90 Enrolled Copy (i) any sexual offense described in:

- 72 - HB0090 compared with HB0090S02 (ii) human trafficking for sexual exploitation under Section 76-5-308.1;

78B-7-801.78B-7-801 .

(1)(1)(a) (a) "Jail release agreement" means a written agreement that is entered into by an individual who is arrested or issued a citation, regardless of whether the individual is booked into jail:

(b) "Jail release agreement" includes a written agreement that includes the conditions described- in64 Section- (1)(a)Enrolled enteredCopy intoH.B. by a minor who is taken into custody or placed in detention or a shelter facility under Section 80-6-201.

90 described in Section (1)(a) entered into by a minor who is taken into custody or placed in detention or a shelter facility under Section 80-6-201.

- 73 - HB0090 compared with HB0090S02 (ii) threatening or harassing the alleged victim;

(5)(5)(a) (a) "Qualifying offense" means:

[(i)- Section65 76-5-417,- enticingH.B. a minor;] [(ii)] (i) Section 76-5-419, lewdness;

90 Enrolled Copy [(i) Section 76-5-417, enticing a minor;] [(ii)] (i) Section 76-5-419, lewdness;

- 74 - HB0090 compared with HB0090S02 Section 31.

80-1-102.80-1-102 .

(1)(1)(a) (a) "Abuse" means:

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

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

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

- 75 - HB0090 compared with HB0090S02 (A) a finding by the juvenile court that the facts alleged in a delinquency petition or- criminal66 information- allegingEnrolled thatCopy aH.B. minor committed an offense have been proved;

90 or criminal information alleging that a minor committed an offense have been proved;

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

- 7667 - HB0090H.B. compared with HB0090S02 (g) if appropriate, a representative of law enforcement selected by the chief of police or sheriff in the city or county where the child resides;

90 Enrolled Copy (g) if appropriate, a representative of law enforcement selected by the chief of police or sheriff in the city or county where the child resides;

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

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

- 77 - HB0090 compared with HB0090S02 (24) "Detention facility" means a facility, established by the Division of Juvenile Justice and Youth Services in accordance with Section 80-5-501, for minors held in detention.

(25) "Detention risk assessment tool" means an evidence-based tool established under Section- 80-5-20368 that:- Enrolled Copy H.B.

90 Section 80-5-203 that:

- 78 - HB0090 compared with HB0090S02 (36) "Guardian" means a person appointed by a court to make decisions regarding a minor, including the authority to consent to:

(b)- enlistment69 in- theH.B. armed forces;

90 Enrolled Copy (b) enlistment in the armed forces;

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

- 79 - HB0090 compared with HB0090S02 (42) "Indian tribe" means the same as that term is defined in 25 U.S.C.

(45)- "Indigent70 individual"- meansEnrolled theCopy sameH.B. as that term is defined in Section 78B-22-102.

(46)90 (a)(45) "Intake"Indigent probation"individual" means athe minorsame is:as that term is defined in Section 78B-22-102.

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

- 80 - HB0090 compared with HB0090S02 (a) a psychiatric disorder that substantially impairs an individual's mental, emotional, behavioral, or related functioning;

or (ii)- the71 current- editionH.B. of the International Statistical Classification of Diseases and Related Health Problems.

90 Enrolled Copy (ii) the current edition of the International Statistical Classification of Diseases and Related Health Problems.

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

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

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

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

- 81 - HB0090 compared with HB0090S02 (ii) lack of proper parental care of a child by reason of the fault or habits of the parent, guardian, or custodian;

or (vi)- educational72 neglect.- Enrolled Copy H.B.

90 (vi) educational neglect.

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

or - 82 - HB0090 compared with HB0090S02 (ii) the minor and the minor's parent, guardian, or custodian.

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

(63)- "Parole"73 means- aH.B. conditional release of a juvenile offender from residency in secure care to live outside of secure care under the supervision of the Division of Juvenile Justice and Youth Services, or another person designated by the Division of Juvenile Justice and Youth Services.

90 Enrolled Copy (63) "Parole" means a conditional release of a juvenile offender from residency in secure care to live outside of secure care under the supervision of the Division of Juvenile Justice and Youth Services, or another person designated by the Division of Juvenile Justice and Youth Services.

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

- 83 - HB0090 compared with HB0090S02 (b) to a cohabitant who is neglecting or abusing a child, in order to:

(69)- "Protective74 supervision"- meansEnrolled aCopy legalH.B. status created by court order, following an adjudication on the ground of abuse, neglect, or dependency, whereby:

90 (69) "Protective supervision" means a legal status created by court order, following an adjudication on the ground of abuse, neglect, or dependency, whereby:

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

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

- 84 - HB0090 compared with HB0090S02 (iii) the right to determine the child's religious affiliation;

(75)- "Secure75 detention"- meansH.B. temporary care of a minor who requires secure custody in a physically restricting facility operated by, or under contract with, the Division of Juvenile Justice and Youth Services:

90 Enrolled Copy (75) "Secure detention" means temporary care of a minor who requires secure custody in a physically restricting facility operated by, or under contract with, the Division of Juvenile Justice and Youth Services:

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

- 85 - HB0090 compared with HB0090S02 (i) if committed by an individual who is 18 years old or older:

(ii)- an76 individual's- conductEnrolled thatCopy isH.B. justified under Section 76-2-401 or constitutes the use of reasonable and necessary physical restraint or force in self-defense or otherwise appropriate to the circumstances to obtain possession of a weapon or other dangerous object in the possession or under the control of a child or to protect the child or another individual from physical injury;

90 (ii) an individual's conduct that is justified under Section 76-2-401 or constitutes the use of reasonable and necessary physical restraint or force in self-defense or otherwise appropriate to the circumstances to obtain possession of a weapon or other dangerous object in the possession or under the control of a child or to protect the child or another individual from physical injury;

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

- 86 - HB0090 compared with HB0090S02 (B) the children are related, as described in Subsection (40), including siblings by marriage while the marriage exists or by adoption;

(b) "Sexual abuse" does not include engaging in any conduct with a child that would constitute- an77 offense- describedH.B. in[:] [(i)] Section 76-5-401, unlawful sexual activity with a minor, if the alleged perpetrator of the offense is a minor[;

90 Enrolled Copy constitute an offense described in[:] [(i)] Section 76-5-401, unlawful sexual activity with a minor, if the alleged perpetrator of the offense is a minor[;

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, - 87 - HB0090 compared with HB0090S02 regardless of whether the individual who engages in the conduct is actually charged with, or convicted of, the offense.

(86) "Status offense" means an offense that would not be an offense but for the age of the offender.- 78 - Enrolled Copy H.B.

90 offender.

- 88 - HB0090 compared with HB0090S02 (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.

or (b) the infliction of a serious injury, or more than one serious injury, upon a child as part of- a79 course- ofH.B. conduct or over a prolonged period of time.

90 Enrolled Copy of a course of conduct or over a prolonged period of time.

- 89 - HB0090 compared with HB0090S02 (99) "Without merit" means a finding at the completion of an investigation by the Division of Child and Family Services, or a judicial finding, that the alleged abuse, neglect, or dependency did not occur, or that the alleged perpetrator was not responsible for the abuse, neglect, or dependency.

80-6-304.80-6-304 .

and (h)- comply80 with- anyEnrolled otherCopy reasonableH.B. action that is in the interest of the minor, the community, or the victim.

(2)90 (a)(h) Withincomply sevenwith daysany ofother receivingreasonable aaction referral that appearsis to be eligible for a nonjudicial adjustment in accordance with Section 80-6-303.5, the juvenileinterest probation officer shall provide an initial notice to reasonably identifiable and locatable victims of the offenseminor, containedthe incommunity, or the referral.victim.

(2)(a) Within seven days of receiving a referral that appears to be eligible for a nonjudicial adjustment in accordance with Section 80-6-303.5, the juvenile probation officer shall provide an initial notice to reasonably identifiable and locatable victims of the offense contained in the referral.

- 90 - HB0090 compared with HB0090S02 (c) The inability, failure, or refusal of the victim to provide all or part of the requested information shall result in the juvenile probation officer determining restitution based on the best information available.

(4)(4)(a) (a) A minor may not decline to enter into a nonjudicial adjustment without first being advised of their right to consult with counsel, subject to the requirements of this section.

(ii) have the minor sign an acknowledgment that the minor received the information required- by81 Subsection- (4)(b)H.B. and knowingly and voluntarily declined to seek the advice of counsel;

90 Enrolled Copy required by Subsection (4)(b) and knowingly and voluntarily declined to seek the advice of counsel;

(5)(5)(a) (a) The juvenile probation officer may not deny a minor an offer of a nonjudicial adjustment due to a minor's inability to pay a financial penalty under Subsection (1).

(6)(6)(a) (a) A nonjudicial adjustment may not extend for more than 90 days, unless a juvenile court judge extends the nonjudicial adjustment for an additional 90 days.

- 91 - HB0090 compared with HB0090S02 (b) A juvenile court judge may extend a nonjudicial adjustment beyond the 180 days permitted under Subsection (6)(a):

(7) If a minor violates Section 76-9-1106, the minor may be required to pay a fine or penalty- and82 participate- inEnrolled aCopy court-approvedH.B. tobacco education program with a participation fee.

90 penalty and participate in a court-approved tobacco education program with a participation fee.

81-9-202.81-9-202 .

(4) Each parent shall give special consideration to make the minor child available to attend family functions including funerals, weddings, family reunions, religious holidays, important ceremonies, - 92 - HB0090 compared with HB0090S02 and other significant events in the life of the minor child or in the life of either parent which may inadvertently conflict with the parent-time schedule.

(5)(5)(a) (a) The court shall determine the responsibility for the pick up, delivery, and return of the minor child when the parent-time order is entered.

(a)- make83 alterations- inH.B. the parent-time schedule to reasonably accommodate the work schedule of both parents;

90 Enrolled Copy (a) make alterations in the parent-time schedule to reasonably accommodate the work schedule of both parents;

(10)(10)(a) (a) The custodial parent shall notify the noncustodial parent within 24 hours of receiving notice of all significant school, social, sports, and community functions in which the minor child is participating or being honored.

- 93 - HB0090 compared with HB0090S02 (b) The noncustodial parent is entitled to attend and participate fully in the functions described in Subsection (10)(a).

(12)(12)(a) (a) Each parent shall permit and encourage, during reasonable hours, reasonable and uncensored communications with the minor child, in the form of mail privileges and virtual parent-time if the equipment is reasonably available.

(13)(13)(a) (a) Parental care is presumed to be better care for the minor child than surrogate care.

(14)- Each84 parent- shall:Enrolled Copy H.B.

90 (14) Each parent shall:

(15)(15)(a) (a) Each parent is entitled to an equal division of major religious holidays celebrated by the parents.

- 94 - HB0090 compared with HB0090S02 (16) If the minor child is on a different parent-time schedule than a sibling, based on Sections 81-9-302 and 81-9-304, the parents should consider if an upward deviation for parent-time with all the minor children so that parent-time is uniform between school aged and nonschool aged children, is appropriate.