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HB 90

Utah House•Passed

Summary

HB 90, “Sexual Offenses Amendments”, was introduced in the House on Dec 23, 2025 by Rep. Matthew Gwynn (R) with 1 co-sponsor. It last saw action on Mar 26, 2026: Governor Signed in Lieutenant Governor's office for filing.

Record

Text

HB 90 has 1 co-sponsor and 6 roll calls.

hb90/enrolled.txt
Enrolled Copy  H.B. 90
Sexual Offenses Amendments
  2026 GENERAL SESSION
  STATE OF UTAH
  Chief Sponsor: Matthew H. Gwynn
  Senate Sponsor: Calvin R. Musselman
  LONG TITLE
  General Description:
     This bill clarifies what constitutes a sexual offense throughout the Utah Code.
  Highlighted Provisions:
     This bill:
     ▸ clarifies what constitutes a sexual offense throughout the Utah Code; and
     ▸ makes technical and conforming changes.
  Money Appropriated in this Bill:
     None
  Other Special Clauses:
     This bill provides a special effective date.
  Utah Code Sections Affected:
  AMENDS:
     16-6a-1414, as last amended by Laws of Utah 2025, Chapter 173
     26B-2-120, as last amended by Laws of Utah 2025, Chapter 63
     26B-4-501, as last amended by Laws of Utah 2025, Chapters 173, 340 and 470
     31A-21-501, as last amended by Laws of Utah 2025, Chapters 173, 208
     34-52-201, as last amended by Laws of Utah 2025, Chapter 173
     34A-5-114, as last amended by Laws of Utah 2025, Chapters 173, 425
     53-10-801, as last amended by Laws of Utah 2025, Chapter 173
     53G-8-201, as last amended by Laws of Utah 2025, Chapter 173
     57-22-5.1, as last amended by Laws of Utah 2025, Chapter 173
     59-27-105, as last amended by Laws of Utah 2025, Chapters 173, 214
     63M-7-502, as last amended by Laws of Utah 2025, First Special Session, Chapter 9
     76-2-306, as last amended by Laws of Utah 2025, Chapter 173
     76-3-203.1, as last amended by Laws of Utah 2025, Chapters 173, 174, 178, and 208
     H.B. 90  Enrolled Copy
76-3-203.12, as last amended by Laws of Utah 2025, Chapter 173
76-3-209, as last amended by Laws of Utah 2025, Chapter 173
76-4-102, as last amended by Laws of Utah 2025, Chapters 173, 204
76-4-202, as last amended by Laws of Utah 2025, Chapter 173
76-4-203, as last amended by Laws of Utah 2025, Chapter 173
76-5-107, as last amended by Laws of Utah 2025, Chapter 173
76-5-302, as last amended by Laws of Utah 2025, Chapter 173
76-5b-201, as last amended by Laws of Utah 2025, Chapters 173, 223 and 320
76-7-101, as last amended by Laws of Utah 2025, Chapters 173, 284
77-2-9, as last amended by Laws of Utah 2025, Chapter 173
77-7a-104, as last amended by Laws of Utah 2025, Chapters 173, 249
77-22-2.5, as last amended by Laws of Utah 2025, Chapter 173
77-36-1, as last amended by Laws of Utah 2025, Chapters 173, 208 and 277
77-37-2, as last amended by Laws of Utah 2025, Chapter 173
77-38-601, as last amended by Laws of Utah 2025, Chapter 173
78B-7-502, as last amended by Laws of Utah 2025, Chapter 173
78B-7-801, as last amended by Laws of Utah 2025, Chapters 173, 284
80-1-102, as last amended by Laws of Utah 2025, Chapter 426
80-6-304, as last amended by Laws of Utah 2025, Chapters 173, 324
81-9-202, as last amended by Laws of Utah 2025, Chapter 426
81-9-208, as last amended by Laws of Utah 2025, Chapter 426
   Be it enacted by the Legislature of the state of Utah:
Section 1. Section 16-6a-1414 is amended to read:
16-6a-1414 . Grounds and procedure for judicial dissolution.
   (1) The attorney general or the division director may bring an action in a court with
jurisdiction under Title 78A, Judiciary and Judicial Administration, to dissolve a
nonprofit corporation if it is established that:
(a) the nonprofit corporation obtained the nonprofit corporation's articles of
incorporation through fraud; or
(b) the nonprofit corporation has continued to exceed or abuse the authority conferred
upon the nonprofit corporation by law.
   (2) A member or director of a nonprofit corporation may bring an action in a court with
jurisdiction under Title 78A, Judiciary and Judicial Administration, to dissolve the
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     Enrolled Copy  H.B. 90
      nonprofit corporation if it is established that:
      (a)(i) the directors are deadlocked in the management of the corporate affairs;
(ii) the members, if any, are unable to break the deadlock; and
(iii) irreparable injury to the nonprofit corporation is threatened or being suffered;
      (b) the directors or those in control of the nonprofit corporation have acted, are acting, or
will act in a manner that is illegal, oppressive, or fraudulent;
      (c) the members are deadlocked in voting power and have failed, for a period that
includes at least two consecutive annual meeting dates, to elect successors to
directors whose terms have expired or would have expired upon the election of their
successors; or
      (d) the corporate assets are being misapplied or wasted.
  (3) A creditor may bring an action in a court with jurisdiction under Title 78A, Judiciary
      and Judicial Administration, to dissolve a nonprofit corporation if it is established that:
      (a)(i) the creditor's claim has been reduced to judgment;
(ii) the execution on the judgment has been returned unsatisfied; and
(iii) the nonprofit corporation is insolvent; or
      (b)(i) the nonprofit corporation is insolvent; and
(ii) the nonprofit corporation has admitted in writing that the creditor's claim is due
and owing.
  (4)(a) As used in this Subsection (4):
(i)[(A)] "Misconduct claim" means:
[(I)] (A) a claim for wrongful death, fraud, breach of public trust, or an intentional
tort; or
[(II)] (B) a claim regarding criminal conduct by a director, member, or employee
of the nonprofit corporation that is a felony offense or an offense described in
Title 76, Chapter 5, Part 4, Sexual Offenses, Title 76, Chapter 5b, Sexual
Exploitation Act, or Section 76-7-102.
[(B) "Misconduct claim" does not include a claim regarding criminal conduct by a
director, member, or employee of the nonprofit corporation that is an offense
described in Section 76-5-417 or 76-5-420.]
(ii) "Nonprofit corporation" does not include a bona fide church or religious
organization.
      (b) If a person brings a misconduct claim in an action against a nonprofit corporation,
the person may also bring an action to dissolve the nonprofit corporation.
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H.B. 90  Enrolled Copy
(c) If a person brings a dissolution action under Subsection (4)(b), the court may only
dissolve the nonprofit corporation if the court finds the nonprofit corporation is liable
for the misconduct claim.
(d) Upon a motion by the plaintiff in a dissolution action described in Subsection (4)(b),
the court may:
(i) issue an injunction preventing the nonprofit corporation from selling or disposing
of any assets held by the nonprofit corporation; and
(ii) require the nonprofit corporation to deposit funds, or post a bond, with the court
for the amount of damages pleaded in the complaint.
(e) The court may void a transaction that is made by the nonprofit corporation within 12
months before the day on which the action was filed with the court if the court finds
that the transaction is voidable under Section 25-6-202.
   (5) If an action is brought under this section, it is not necessary to make directors or
members parties to the action to dissolve the nonprofit corporation unless relief is sought
against the members individually.
   (6) In an action under this section, the court may:
(a) issue injunctions;
(b) appoint a receiver or a custodian pendente lite with all powers and duties the court
directs; or
(c) take other action required to preserve the nonprofit corporation's assets wherever
located and carry on the business of the nonprofit corporation until a full hearing can
be held.
   (7) If a nonprofit corporation has been dissolved by voluntary or another action taken under
this part:
(a) the nonprofit corporation may bring a proceeding to wind up and liquidate its
business and affairs under judicial supervision in accordance with Section 16-6a-1405;
and
(b) the attorney general, a director, a member, a creditor, or a plaintiff under Subsection
(4) may bring a proceeding to wind up and liquidate the affairs of the nonprofit
corporation under judicial supervision in accordance with Section 16-6a-1405, upon
establishing the grounds set forth in Subsections (1) through (4).
Section 2. Section 26B-2-120 is amended to read:
26B-2-120 . Background check -- Direct access to children or vulnerable adults.
   (1) As used in this section:
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Enrolled Copy  H.B. 90
      (a)(i) "Applicant" means an individual who is associated with a certification,
contract, or licensee with the department under this part and has direct access,
including:
(A) an adoptive parent or prospective adoptive parent, including an applicant for
an adoption in accordance with Section 78B-6-128;
(B) a foster parent or prospective foster parent;
(C) an individual who provides respite care to a foster parent or an adoptive parent
on more than one occasion;
(D) an individual who transports a child for a youth transportation company;
(E) an individual who provides certified peer support, as defined in Section
26B-5-610;
(F) an individual who provides peer supports, has a disability or a family member
with a disability, or is in recovery from a mental illness or a substance use
disorder;
(G) an individual who has lived experience with the services provided by the
department, and uses that lived experience to provide support, guidance, or
services to promote resiliency and recovery;
(H) an individual who is identified as a mental health professional, licensed under
Title 58, Chapter 60, Mental Health Professional Practice Act, and engaged in
the practice of mental health therapy, as defined in Section 58-60-102;
(I) an individual, other than the child or vulnerable adult receiving the service,
who is 12 years old or older and resides in a home, that is licensed or certified
by the division;
(J) an individual who is 12 years old or older and is associated with a certification,
contract, or licensee with the department under this part and has or will likely
have direct access;
(K) a foster home licensee that submits an application for an annual background
screening as required by Subsection 26B-2-105(4)(d)(iii); or
(L) a short-term relief care provider.
(ii) "Applicant" does not include:
(A) an individual who is in the custody of the Division of Child and Family
Services or the Division of Juvenile Justice and Youth Services;
(B) an individual who applies for employment with, or is employed by, the
Department of Health and Human Services;
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H.B. 90  Enrolled Copy
(C) a parent of a person receiving services from the Division of Services for
People with Disabilities, if the parent provides direct care to and resides with
the person, including if the parent provides direct care to and resides with the
person pursuant to a court order; or
(D) an individual or a department contractor who provides services in an adults
only substance use disorder program, as defined by rule adopted by the
Department of Health and Human Services in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, and who is not a program
director or a member, as defined by Section 26B-2-105, of the program.
      (b) "Application" means a background check application to the office.
      (c) "Bureau" means the Bureau of Criminal Identification within the Department of
Public Safety, created in Section 53-10-201.
      (d) "Criminal finding" means a record of:
(i) an arrest for a criminal offense;
(ii) a warrant for a criminal arrest;
(iii) charges for a criminal offense; or
(iv) a criminal conviction.
      (e) "Direct access" means that an individual has, or likely will have:
(i) contact with or access to a child or vulnerable adult by which the individual will
have the opportunity for personal communication or touch with the child or
vulnerable adult; or
(ii) an opportunity to view medical, financial, or other confidential personal
identifying information of the child, the child's parent or legal guardian, or the
vulnerable adult.
      (f)(i) "Direct access qualified" means that the applicant has an eligible determination
by the office within the license and renewal time period; and
(ii) no more than 180 days have passed since the date on which the applicant's
association with a certification, contract, or licensee with the department expires.
      (g) "Incidental care" means occasional care, not in excess of five hours per week and
never overnight, for a foster child.
      (h) "Licensee" means an individual or a human services program licensed by the
division.
      (i) "Non-criminal finding" means a record maintained in:
(i) the Division of Child and Family Services' Management Information System
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Enrolled Copy  H.B. 90
described in Section 80-2-1001;
(ii) the Division of Child and Family Services' Licensing Information System
described in Section 80-2-1002;
(iii) the Division of Aging and Adult Services' vulnerable adult abuse, neglect, or
exploitation database described in Section 26B-6-210;
(iv) juvenile court arrest, adjudication, and disposition records;
(v) the Sex, Kidnap, and Child Abuse Offender Registry described in Title 53,
Chapter 29, Sex, Kidnap, and Child Abuse Offender Registry, or a national sex
offender registry; or
(vi) a state child abuse or neglect registry.
      (j) "Office" means the Office of Background Processing within the department.
      (k) "Personal identifying information" means:
(i) current name, former names, nicknames, and aliases;
(ii) date of birth;
(iii) physical address and email address;
(iv) telephone number;
(v) driver license or other government-issued identification;
(vi) social security number;
(vii) only for applicants who are 18 years old or older, fingerprints, in a form
specified by the office; and
(viii) other information specified by the office by rule made in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act.
  (2) Except as provided in Subsection (12), an applicant or a representative shall submit the
      following to the office:
      (a) personal identifying information;
      (b) a fee established by the office under Section 63J-1-504;
      (c) a disclosure form, specified by the office, for consent for:
(i) an initial background check upon association with a certification, contract, or
licensee with the department;
(ii) ongoing monitoring of fingerprints and registries until no longer associated with a
certification, contract, or licensee with the department for 180 days;
(iii) a background check when the office determines that reasonable cause exists; and
(iv) retention of personal identifying information, including fingerprints, for
monitoring and notification as described in Subsections (3)(c) and (4);
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H.B. 90  Enrolled Copy
(d) if an applicant resided outside of the United States and its territories during the five
years immediately preceding the day on which the information described in
Subsections (2)(a) through (c) is submitted to the office, documentation establishing
whether the applicant was convicted of a crime during the time that the applicant
resided outside of the United States or its territories; and
(e) an application showing an applicant's association with a certification, contract, or a
licensee with the department, for the purpose of the office tracking the direct access
qualified status of the applicant, which expires 180 days after the date on which the
applicant is no longer associated with a certification, contract, or a licensee with the
department.
   (3) The office:
(a) shall perform the following duties as part of a background check of an applicant
before the office grants or denies direct access qualified status to an applicant:
(i) check state and regional criminal background databases for the applicant's
criminal history by:
(A) submitting personal identifying information to the bureau for a search; or
(B) using the applicant's personal identifying information to search state and
regional criminal background databases as authorized under Section 53-10-108;
(ii) submit the applicant's personal identifying information and fingerprints to the
bureau for a criminal history search of applicable national criminal background
databases;
(iii) search the Division of Child and Family Services' Licensing Information System
described in Section 80-2-1002;
(iv) search the Sex, Kidnap, and Child Abuse Offender Registry described in Title
53, Chapter 29, Sex, Kidnap, and Child Abuse Offender Registry, or a national
sex offender registry for an applicant 18 years old or older;
(v) search the Division of Child and Family Services' Management Information
System in Section 80-2-1001, if the applicant is:
(A) a prospective foster or adoptive parent;
(B) an employee of a congregate care program; or
(C) an adult who lives in a foster home.
(vi) search the Division of Aging and Adult Services' vulnerable adult abuse, neglect,
or exploitation database described in Section 26B-6-210;
(vii) search the juvenile court records for substantiated findings of severe child abuse
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Enrolled Copy  H.B. 90
or neglect described in Section 80-3-404 or 80-3-504; and
(viii) search the juvenile court arrest, adjudication, and disposition records, as
provided under Section 78A-6-209;
      (b) may conduct all or portions of a background check in connection with determining
whether an applicant is direct access qualified, as provided by rule, made by the
office in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
(i) for an annual renewal; or
(ii) when the office determines that reasonable cause exists;
      (c) may submit an applicant's personal identifying information, including fingerprints, to
the bureau for checking, retaining, and monitoring of state and national criminal
background databases and for notifying the office of new criminal activity associated
with the applicant;
      (d) shall track the status of an applicant under this section to ensure that the applicant is
not required to duplicate the submission of the applicant's fingerprints if the applicant
is associated with more than one certification, contract, or licensee with the
department;
      (e) shall notify the bureau when a direct access qualified individual has not been
associated with a certification, contract, or licensee with the department for a period
of 180 days;
      (f) shall adopt measures to strictly limit access to personal identifying information solely
to the individuals responsible for processing and entering the applications for
background checks and to protect the security of the personal identifying information
the office reviews under this Subsection (3);
      (g) as necessary to comply with the federal requirement to check a state's child abuse
and neglect registry regarding any applicant working in a congregate care program,
shall:
(i) search the Division of Child and Family Services' Licensing Information System
described in Section 80-2-1002; and
(ii) require the child abuse and neglect registry be checked in each state where an
applicant resided at any time during the five years immediately preceding the day
on which the application is submitted to the office; and
      (h) shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, to implement the provisions of this Subsection (3) relating to
background checks.
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H.B. 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.
(b) With the personal identifying information and fingerprints the office submits to the
bureau under Subsection (3), the bureau shall check against national criminal
background databases for the applicant's criminal history.
(c) Upon direction from the office, and with the personal identifying information and
fingerprints the office submits to the bureau under Subsection (3)(c), the bureau shall:
(i) maintain a separate file of the fingerprints for search by future submissions to the
local and regional criminal records databases, including latent prints; and
(ii) monitor state and regional criminal background databases and identify criminal
activity associated with the applicant.
(d) The bureau is authorized to submit the fingerprints to the Federal Bureau of
Investigation Next Generation Identification System, to be retained in the Federal
Bureau of Investigation Next Generation Identification System for the purpose of:
(i) being searched by future submissions to the national criminal records databases,
including the Federal Bureau of Investigation Next Generation Identification
System and latent prints; and
(ii) monitoring national criminal background databases and identifying criminal
activity associated with the applicant.
(e) The bureau shall notify and release to the office all information of criminal activity
associated with the applicant.
(f) Upon notice that an individual who has direct access qualified status will no longer
be associated with a certification, contract, or licensee with the department, the
bureau shall:
(i) discard and destroy any retained fingerprints; and
(ii) notify the Federal Bureau of Investigation when the license has expired or an
individual's direct access to a child or a vulnerable adult has ceased, so that the
Federal Bureau of Investigation will discard and destroy the retained fingerprints
from the Federal Bureau of Investigation Next Generation Identification System.
   (5)(a) Except as provided in Subsection (5)(b), the office shall deny direct access
qualified status to an applicant who, within three years from the date on which the
office conducts the background check, was convicted of:
(i) a felony or misdemeanor involving conduct that constitutes any of the following:
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Enrolled Copy  H.B. 90
(A) an offense identified as domestic violence, lewdness, voyeurism, battery,
cruelty to animals, or bestiality;
(B) a violation of any pornography law, including sexual exploitation of a minor
or aggravated sexual exploitation of a minor;
(C) sexual solicitation or prostitution;
(D) a violent offense committed in the presence of a child, as described in Section
76-3-203.10;
(E) an offense included in Title 76, Chapter 5, Part 1, 2, 3, 4, or 7;
(F) an offense included in Title 76, Chapter 5b, Sexual Exploitation Act[, other
than Section 76-5b-206];
(G) an offense included in Title 76, Chapter 7, Offenses Against the Family;
(H) an offense included in Title 76, Chapter 12, Part 3, Privacy Offenses;
(I) an offense included in Title 76, Chapter 15, Part 3, Weapons of Mass
Destruction;
(J) an offense included in Title 78B, Chapter 7, Protective Orders and Stalking
Injunctions;
(K) aggravated arson, as described in Section 76-6-103;
(L) aggravated burglary, as described in Section 76-6-203;
(M) aggravated exploitation of prostitution, as described in Section 76-5d-208;
(N) aggravated robbery, as described in Section 76-6-302;
(O) endangering persons in a human services program, as described in Section
26B-2-113;
(P) failure to report, as described in Section 80-2-609;
(Q) identity fraud crime, as described in Section 76-6-1102;
(R) riot, as described in Section 76-9-101; or
(S) threatening with or using a dangerous weapon in a fight or quarrel, as
described in Section 76-11-207; or
(ii) a felony or misdemeanor offense committed outside of the state that, if committed
in the state, would constitute a violation of an offense described in Subsection
(5)(a)(i).
      (b)(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.
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H.B. 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).
(c) Subject to Subsection (5)(d), the office shall deny direct access qualified status to an
applicant who:
(i) a court order prohibits from having direct access to a child or vulnerable adult; or
(ii) is an applicant for a congregate care program and:
(A) is subject to an open investigation for a non-criminal finding; or
(B) has a supported non-criminal finding, excluding a supported finding for
dependency, as defined in Section 80-1-102, within three years from the date
on which the office conducts the background check.
(d)(i) Subsection (5)(c) does not apply retrospectively for congregate care program
employees who have an approved background screening on or before July 1,
2025; or
(ii) notwithstanding Subsection (5)(c)(ii)(A), the division may grant temporary direct
access qualified status to an applicant subject to a condition that the applicant is
directly supervised at all times.
   (6) The office shall conduct a comprehensive review of an applicant's background check if
the applicant:
(a) has a felony or class A misdemeanor conviction that is more than three years from
the date on which the office conducts the background check, for an offense described
in Subsection (5)(a);
(b) has a felony charge or conviction that is no more than 10 years from the date on
which the office conducts the background check for an offense not described in
Subsection (5)(a);
(c) has a felony charge or conviction that is more than 10 years from the date on which
the office conducts the background check, for an offense not described in Subsection
(5)(a), with criminal or non-criminal findings after the date of the felony charge or
conviction;
(d) has a class B misdemeanor or class C misdemeanor conviction that is more than
three years and no more than 10 years from the date on which the office conducts the
background check for an offense described in Subsection (5)(a);
(e) has a class B misdemeanor or class C misdemeanor conviction that is more than 10
years from the date on which the office conducts the background check, for an
offense described in Subsection (5)(a), with criminal or non-criminal findings after
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the date of conviction;
      (f) has a misdemeanor charge or conviction that is no more than three years from the
date on which the office conducts the background check for an offense not described
in Subsection (5)(a);
      (g) has a misdemeanor charge or conviction that is more than three years from the date
on which the office conducts the background check, for an offense not described in
Subsection (5)(a), with criminal or non-criminal findings after the date of charge or
conviction;
      (h) is currently subject to a plea in abeyance or diversion agreement for an offense
described in Subsection (5)(a);
      (i) appears on the Sex, Kidnap, and Child Abuse Offender Registry described in Title
53, Chapter 29, Sex, Kidnap, and Child Abuse Offender Registry, or a national sex
offender registry;
      (j) has a record of an adjudication in juvenile court for an act that, if committed by an
adult, would be a felony or misdemeanor, if the applicant is:
(i) under 28 years old; or
(ii) 28 years old or older and has been convicted of, has pleaded no contest to, or is
currently subject to a plea in abeyance or diversion agreement for a felony or a
misdemeanor offense described in Subsection (5)(a);
      (k) has a pending charge for an offense described in Subsection (5)(a);
      (l) has a supported finding that occurred no more than 15 years from the date on which
the office conducts the background check in the Division of Child and Family
Services' Licensing Information System described in Section 80-2-1002;
      (m) has a supported finding that occurred more than 15 years from the date on which the
office conducts the background check in the Division of Child and Family Services'
Licensing Information System described in Section 80-2-1002, with criminal or
non-criminal findings after the date of the listing;
      (n) has a listing that occurred no more than 15 years from the date on which the office
conducts the background check in the Division of Aging and Adult Services'
vulnerable adult abuse, neglect, or exploitation database described in Section
26B-6-210;
      (o) has a listing that occurred more than 15 years from the date on which the office
conducts the background check in the Division of Aging and Adult Services'
vulnerable adult abuse, neglect, or exploitation database described in Section
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H.B. 90  Enrolled Copy
26B-6-210, with criminal or non-criminal findings after the date of the listing;
(p) has a substantiated finding that occurred no more than 15 years from the date on
which the office conducts the background check of severe child abuse or neglect
under Section 80-3-404 or 80-3-504; or
(q) has a substantiated finding that occurred more than 15 years from the date on which
the office conducts the background check of severe child abuse or neglect under
Section 80-3-404 or 80-3-504, with criminal or non-criminal findings after the date of
the listing.
   (7)(a) The comprehensive review shall include an examination of:
(i) the date of the offense or incident;
(ii) the nature and seriousness of the offense or incident;
(iii) the circumstances under which the offense or incident occurred;
(iv) the age of the perpetrator when the offense or incident occurred;
(v) whether the offense or incident was an isolated or repeated incident;
(vi) whether the offense or incident directly relates to abuse of a child or vulnerable
adult, including:
(A) actual or threatened, nonaccidental physical, mental, or financial harm;
(B) sexual abuse;
(C) sexual exploitation; or
(D) negligent treatment;
(vii) any evidence provided by the applicant of rehabilitation, counseling, psychiatric
treatment received, or additional academic or vocational schooling completed;
(viii) the applicant's risk of harm to clientele in the program or in the capacity for
which the applicant is applying; and
(ix) if the background check of an applicant is being conducted for the purpose of
giving direct access qualified status to an applicant seeking a position in a
congregate care program or to become a prospective foster or adoptive parent, any
listing in the Division of Child and Family Services' Management Information
System described in Section 80-2-1001.
(b) At the conclusion of the comprehensive review, the office shall deny direct access
qualified status to an applicant if the office finds the approval would likely create a
risk of harm to a child or vulnerable adult.
   (8) The office shall grant direct access qualified status to an applicant who is not denied
under this section.
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Enrolled Copy  H.B. 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:
(i) is awaiting the results of the criminal history search of national criminal
background databases; and
(ii) would otherwise grant direct access qualified status to the applicant under this
section.
      (b) The office may conditionally grant direct access qualified status to an applicant, for a
maximum of one year after the day on which the office sends written notice, without
requiring that the applicant be directly supervised if the office:
(i) is awaiting the results of an out-of-state registry for providers other than foster and
adoptive parents; and
(ii) would otherwise grant direct access qualified status to the applicant under this
section.
      (c) Upon receiving the results of the criminal history search of a national criminal
background database, the office shall grant or deny direct access qualified status to
the applicant in accordance with this section.
  (10)(a) Each time an applicant is associated with a licensee, the department shall review
      the current status of the applicant's background check to ensure the applicant is still
      eligible for direct access qualified status in accordance with this section.
      (b) A licensee may not permit an individual to have direct access to a child or a
vulnerable adult without being directly supervised unless:
(i) the individual is the parent or guardian of the child, or the guardian of the
vulnerable adult;
(ii) the individual is approved by the parent or guardian of the child, or the guardian
of the vulnerable adult, to have direct access to the child or the vulnerable adult;
(iii) the individual is only permitted to have direct access to a vulnerable adult who
voluntarily invites the individual to visit; or
(iv) the individual only provides incidental care for a foster child on behalf of a foster
parent who has used reasonable and prudent judgment to select the individual to
provide the incidental care for the foster child.
      (c) Notwithstanding any other provision of this section, an applicant who is denied direct
access qualified status shall not have direct access to a child or vulnerable adult
unless the office grants direct access qualified status to the applicant through a
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subsequent application in accordance with this section.
   (11) If the office denies direct access qualified status to an applicant, the applicant may
request a hearing in the department's Office of Administrative Hearings to challenge the
office's decision.
   (12)(a) This Subsection (12) applies to an applicant associated with a certification,
contract, or licensee serving adults only.
(b) A program director or a member, as defined in Section 26B-2-105, of the licensee
shall comply with this section.
(c) The office shall conduct a comprehensive review for an applicant if:
(i) the applicant is seeking a position:
(A) as a peer support provider;
(B) as a mental health professional; or
(C) in a program that serves only adults with a primary mental health diagnosis,
with or without a co-occurring substance use disorder; and
(ii) within three years from the date on which the office conducts the background
check, the applicant has a felony or misdemeanor charge or conviction or a
non-criminal finding.
   (13)(a) This Subsection (13) applies to an applicant seeking a position in a congregate
care program, an applicant seeking to provide a prospective foster home, an applicant
seeking to provide a prospective adoptive home, and each adult living in the home of
the prospective foster or prospective adoptive home.
(b) As federally required, the office shall:
(i) check the child abuse and neglect registry in each state where each applicant
resided in the five years immediately preceding the day on which the applicant
applied to be a foster or adoptive parent, to determine whether the prospective
foster or adoptive parent is listed in the registry as having a substantiated or
supported finding of child abuse or neglect; and
(ii) except for applicants seeking a position in a congregate care program, check the
child abuse and neglect registry in each state where each adult living in the home
of the prospective foster or adoptive home resided in the five years immediately
preceding the day on which the applicant applied to be a foster or adoptive parent,
to determine whether the adult is listed in the registry as having a substantiated or
supported finding of child abuse or neglect.
(c) The requirements described in Subsection (13)(b) do not apply to the extent that:
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(i) federal law or rule permits otherwise; or
(ii) the requirements would prohibit the Division of Child and Family Services or a
court from placing a child with:
(A) a noncustodial parent under Section 80-2a-301, 80-3-302, or 80-3-303; or
(B) a relative, other than a noncustodial parent, under Section 80-2a-301, 80-3-302,
or 80-3-303, pending completion of the background check described in
Subsections (5), (6), and (7).
      (d) Notwithstanding Subsections (5) through (10), the office shall deny direct access
qualified status if the applicant has been convicted of:
(i) a felony involving conduct that constitutes any of the following:
(A) child abuse, as described in Section 76-5-109;
(B) aggravated child abuse, as described in Section 76-5-109.2;
(C) child abandonment, as described in Section 76-5-109.3;
(D) child torture, as described in Section 76-5-109.4;
(E) commission of domestic violence in the presence of a child, as described in
Section 76-5-114;
(F) abuse or neglect of a child with a disability, as described in Section 76-5-110;
(G) intentional aggravated abuse of a vulnerable adult, as described in Section
76-5-111;
(H) endangerment of a child or vulnerable adult, as described in Section
76-5-112.5;
(I) aggravated murder, as described in Section 76-5-202;
(J) murder, as described in Section 76-5-203;
(K) manslaughter, as described in Section 76-5-205;
(L) child abuse homicide, as described in Section 76-5-208;
(M) homicide by assault, as described in Section 76-5-209;
(N) kidnapping, as described in Section 76-5-301;
(O) child kidnapping, as described in Section 76-5-301.1;
(P) aggravated kidnapping, as described in Section 76-5-302;
(Q) human trafficking of a child, as described in Section 76-5-308.5;
(R) an offense described in Title 76, Chapter 5, Part 4, Sexual Offenses[, other
than Section 76-5-417, 76-5-418, or 76-5-419];
(S) sexual exploitation of a minor, as described in Title 76, Chapter 5b, Sexual
Exploitation Act;
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(T) aggravated exploitation of a minor, as described in Section 76-5b-201.1;
(U) aggravated arson, as described in Section 76-6-103;
(V) aggravated burglary, as described in Section 76-6-203;
(W) aggravated robbery, as described in Section 76-6-302;
(X) incest, as described in Section 76-7-102; or
(Y) domestic violence, as described in Section 77-36-1; or
(ii) an offense committed outside the state that, if committed in the state, would
constitute a violation of an offense described in Subsection (13)(d)(i).
      (e) Notwithstanding Subsections (5) through (10), the office shall deny direct access
qualified status to an applicant if, within the five years from the date on which the
office conducts the background check, the applicant was convicted of a felony
involving conduct that constitutes a violation of any of the following:
(i) aggravated assault, as described in Section 76-5-103;
(ii) aggravated assault by a prisoner, as described in Section 76-5-103.5;
(iii) mayhem, as described in Section 76-5-105;
(iv) an offense described in Title 58, Chapter 37, Utah Controlled Substances Act;
(v) an offense described in Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
(vi) an offense described in Title 58, Chapter 37b, Imitation Controlled Substances
Act;
(vii) an offense described in Title 58, Chapter 37c, Utah Controlled Substance
Precursor Act; or
(viii) an offense described in Title 58, Chapter 37d, Clandestine Drug Lab Act.
      (f) In addition to the circumstances described in Subsection (6), the office shall conduct
a comprehensive review of an applicant's background check under this section if the
applicant:
(i) has an offense described in Subsection (5)(a);
(ii) has an infraction conviction entered on a date that is no more than three years
before the date on which the office conducts the background check;
(iii) has a listing in the Division of Child and Family Services' Licensing Information
System described in Section 80-2-1002;
(iv) has a listing in the Division of Aging and Adult Services' vulnerable adult,
neglect, or exploitation database described in Section 26B-2-210;
(v) has a substantiated finding of severe child abuse or neglect under Section
80-3-404 or 80-3-504; or
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(vi) has a listing on the registry check described in Subsection (13)(b) as having a
substantiated or supported finding of a severe type of child abuse or neglect, as
defined in Section 80-1-102.
  (14) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
      office may make rules, consistent with this part, to:
      (a) establish procedures for, and information to be examined in, the comprehensive
review described in Subsections (6), (7), and (13); and
      (b) determine whether to consider an offense or incident that occurred while an
individual was in the custody of the Division of Child and Family Services or the
Division of Juvenile Justice and Youth Services for purposes of granting or denying
direct access qualified status to an applicant.
Section 3. Section 26B-4-501 is amended to read:
26B-4-501 . Definitions.
     As used in this part:
  (1) "Controlled substance" means the same as that term is defined in Title 58, Chapter 37,
      Utah Controlled Substances Act.
  (2) "Critical access hospital" means a critical access hospital that meets the criteria of 42
      U.S.C. Sec. 1395i-4(c)(2).
  (3) "Designated facility" means:
      (a) a freestanding urgent care center;
      (b) a general acute hospital; or
      (c) a critical access hospital.
  (4) "Dispense" means the same as that term is defined in Section 58-17b-102.
  (5) "Division" means the Division of Professional Licensing created in Section 58-1-103.
  (6) "Emergency contraception" means the use of a substance, approved by the United States
      Food and Drug Administration, to prevent pregnancy after sexual intercourse.
  (7) "Freestanding urgent care center" means the same as that term is defined in Section
      59-12-801.
  (8) "General acute hospital" means the same as that term is defined in Section 26B-2-201.
  (9) "Health care facility" means a hospital, a hospice inpatient residence, a nursing facility,
      a dialysis treatment facility, an assisted living residence, an entity that provides home-
      and community-based services, a hospice or home health care agency, or another facility
      that provides or contracts to provide health care services, which facility is licensed under
      Chapter 2, Part 2, Health Care Facility Licensing and Inspection.
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H.B. 90  Enrolled Copy
   (10) "Health care provider" means:
(a) a physician, as defined in Section 58-67-102;
(b) an advanced practice registered nurse, as defined in Section 58-31b-102;
(c) a physician assistant, as defined in Section 58-70a-102; or
(d) an individual licensed to engage in the practice of dentistry, as defined in Section
58-69-102.
   (11) "Increased risk" means risk exceeding the risk typically experienced by an individual
who is not using, and is not likely to use, an opiate.
   (12) "Opiate" means the same as that term is defined in Section 58-37-2.
   (13) "Opiate antagonist" means naloxone hydrochloride or any similarly acting drug that is
not a controlled substance and that is approved by the federal Food and Drug
Administration for the diagnosis or treatment of an opiate-related drug overdose.
   (14) "Opiate-related drug overdose event" means an acute condition, including a decreased
level of consciousness or respiratory depression resulting from the consumption or use
of a controlled substance, or another substance with which a controlled substance was
combined, and that a person would reasonably believe to require medical assistance.
   (15) "Overdose outreach provider" means:
(a) a law enforcement agency;
(b) a fire department;
(c) an emergency medical service provider, as defined in Section 53-2d-101;
(d) emergency medical service personnel, as defined in Section 53-2d-101;
(e) an organization providing treatment or recovery services for drug or alcohol use;
(f) an organization providing support services for an individual, or a family of an
individual, with a substance use disorder;
(g) a certified peer support specialist, as defined in Section 26B-5-610;
(h) an organization providing substance use or mental health services under contract
with a local substance abuse authority, as defined in Section 26B-5-101, or a local
mental health authority, as defined in Section 26B-5-101;
(i) an organization providing services to the homeless;
(j) a local health department;
(k) an individual licensed to practice under:
(i) Title 58, Chapter 17b, Pharmacy Practice Act;
(ii) Title 58, Chapter 60, Part 2, Social Worker Licensing Act; or
(iii) Title 58, Chapter 60, Part 5, Substance Use Disorder Counselor Act; or
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      (l) an individual.
  (16) "Patient counseling" means the same as that term is defined in Section 58-17b-102.
  (17) "Pharmacist" means the same as that term is defined in Section 58-17b-102.
  (18) "Pharmacy intern" means the same as that term is defined in Section 58-17b-102.
  (19) "Physician" means the same as that term is defined in Section 58-67-102.
  (20) "Practitioner" means:
      (a) a physician; or
      (b) any other person who is permitted by law to prescribe emergency contraception.
  (21) "Prescribe" means the same as that term is defined in Section 58-17b-102.
  (22)(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.
      (b) "Self-administered hormonal contraceptive" includes an oral hormonal contraceptive,
a hormonal vaginal ring, and a hormonal contraceptive patch.
      (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)[(a)] "Sexual assault" means any criminal conduct described in Title 76, Chapter 5,
      Part 4, Sexual Offenses, that may result in a pregnancy.
      [(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; or]
[(iv) Section 76-5-420, lewdness involving a child.]
  (24) "Victim of sexual assault" means any person who presents to receive, or receives,
      medical care in consequence of being subjected to sexual assault.
Section 4. Section 31A-21-501 is amended to read:
31A-21-501 . Definitions.
     [For purposes of] As used in this part:
  (1) "Applicant" means:
      (a) in the case of an individual life or accident and health policy, the person who seeks to
contract for insurance benefits; or
      (b) in the case of a group life or accident and health policy, the proposed certificate
holder.
  (2) "Cohabitant" means an emancipated individual pursuant to Section 15-2-1 or an
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H.B. 90  Enrolled Copy
individual who is 16 years old or older who:
(a) is or was a spouse of the other party;
(b) is or was living as if a spouse of the other party;
(c) is related by blood or marriage to the other party;
(d) has one or more children in common with the other party; or
(e) resides or has resided in the same residence as the other party.
   (3)[(a)] "Child abuse" means the commission or attempt to commit against a child a
criminal offense described in:
[(i)] (a) Title 76, Chapter 5, Part 1, Assault and Related Offenses; or
[(ii)] (b) Title 76, Chapter 5, Part 4, Sexual Offenses.
[(b) "Child abuse" does not include the criminal offense of enticing a minor, as
described in Section 76-5-417.]
   (4)[(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:
[(i)] (a) aggravated assault, as described in Section 76-5-103;
[(ii)] (b) assault, as described in Section 76-5-102;
[(iii)] (c) criminal homicide, as described in Section 76-5-201;
[(iv)] (d) harassment, as described in Section 76-5-106;
[(v)] (e) electronic communication harassment, as described in Section 76-12-202,
76-12-203, or 76-12-204;
[(vi)] (f) kidnapping, child kidnapping, or aggravated kidnapping, as described in
Sections 76-5-301, 76-5-301.1, and 76-5-302;
[(vii)] (g) mayhem, as described in Section 76-5-105;
[(viii)] (h) sexual offenses, as described in Sections 76-5b-201 and 76-5b-201.1 and in
Title 76, Chapter 5, Part 4, Sexual Offenses;
[(ix)] (i) stalking, as described in Section 76-5-106.5;
[(x)] (j) unlawful detention or unlawful detention of a minor, as described in Section
76-5-304;
[(xi)] (k) violation of a protective order or ex parte protective order, as described in
Section 76-5-108;
[(xii)] (l) any offense against property described in Title 76, Chapter 6, Part 1, Property
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Enrolled Copy  H.B. 90
Destruction, Part 2, Burglary and Criminal Trespass, or Part 3, Robbery;
[(xiii)] (m) possession of a dangerous weapon with criminal intent, as described in
Section 76-11-208; or
[(xiv)] (n) discharge of a firearm from a vehicle, near a highway, or in the direction of
any individual, building, or vehicle, as described in Section 76-11-209.
      [(b) "Domestic violence" does not include the criminal offense of:]
[(i) enticing a minor, as described in Section 76-5-417;]
[(ii) sexual battery, as described in Section 76-5-418;]
[(iii) lewdness, as described in Section 76-5-419; or]
[(iv) lewdness involving a child, as described in Section 76-5-420.]
  (5) "Subject of domestic abuse" means an individual who is, has been, may currently be, or
      may have been subject to domestic violence or child abuse.
Section 5. Section 34-52-201 is amended to read:
34-52-201 . Public employer requirements.
  (1) Except as provided in Subsections (3) and (6), a public employer may not:
      (a) exclude an applicant from an initial interview because of:
(i) a past criminal conviction, an expunged conviction, an arrest for an offense that
occurred before the applicant was 18 years old, or a juvenile adjudication; or
(ii) if the applicant is a mental health professional applicant, an arrest for an offense
that occurred before the applicant was 18 years old;
      (b) make an inquiry related to an applicant's expunged criminal or juvenile delinquency
history;
      (c) when making a hiring decision regarding a mental health professional applicant,
consider:
(i) an arrest for an offense that occurred before the mental health professional
applicant was 18 years old;
(ii) an arrest not followed by a criminal conviction or juvenile adjudication;
(iii) a juvenile adjudication; or
(iv) a past criminal conviction if:
(A) the sentence for the criminal conviction is terminated; and
(B) the mental health professional applicant was not incarcerated for the past
criminal conviction or the mental health professional applicant's incarceration
for the past criminal conviction ended at least three years before the day on
which the mental health professional applicant applied for employment; or
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H.B. 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.
   (2) A public employer excludes an applicant from an initial interview under Subsection (1)
if the public employer:
(a) requires an applicant to disclose a criminal conviction or juvenile adjudication:
(i) on an employment application;
(ii) before an initial interview; or
(iii) if no interview is conducted, before making a conditional offer of employment; or
(b) requires an applicant who is a mental health professional applicant to disclose an
arrest for an offense that occurred before the applicant was 18 years old:
(i) on an employment application;
(ii) before an initial interview; or
(iii) if no interview is conducted, before making a conditional offer of employment.
   (3) A public employer may not deny a mental health professional applicant employment
that requires the mental health professional applicant to provide substance use treatment
based on:
(a) the mental health professional applicant's participation in substance use treatment; or
(b) a past criminal conviction for a nonviolent drug offense if:
(i) the sentence for the criminal conviction is terminated; and
(ii)(A) the mental health professional applicant was not incarcerated for the past
criminal conviction; or
(B) the mental health professional applicant's incarceration for the past criminal
conviction ended at least three years before the day on which the mental health
professional applicant applied for employment.
   (4) An applicant seeking employment from a public employer may answer a question
related to an expunged criminal or juvenile delinquency record as though the action
underlying the expunged criminal or juvenile delinquency record never occurred.
   (5) Except as provided in Subsections (1) through (3), this section does not prevent a public
employer from:
(a) asking an applicant for information about an applicant's criminal conviction or
juvenile delinquency history during an initial interview or after an initial interview; or
(b) considering an applicant's criminal conviction or juvenile delinquency history when
making a hiring decision.
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  (6)(a) Subsections (1) through (4) do not apply:
(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;
(ii) to a public employer that is a law enforcement agency;
(iii) to a public employer that is part of the criminal or juvenile justice system;
(iv) to a public employer seeking a nonemployee volunteer;
(v) to a public employer that works with children or vulnerable adults;
(vi) to the Department of Alcoholic Beverage Services created in Section 32B-2-203;
(vii) to the State Tax Commission;
(viii) to a public employer whose primary purpose is performing financial or
fiduciary functions; or
(ix) to a public transit district hiring or promoting an individual for a safety sensitive
position described in Section 17B-2a-825.
      (b) Subsections (1)(c)(iv) and (1)(d) do not apply to a criminal conviction for:
(i) a violent felony as defined in Section 76-3-203.5; or
(ii) a felony related to a criminal sexual act under:
(A) Title 76, Chapter 5, Part 4, Sexual Offenses[, other than Section 76-5-417,
76-5-419, or 76-5-420]; or
(B) Title 76, Chapter 5b, Sexual Exploitation Act.
      (c) Subsections (1)(a)(ii), (1)(c), (1)(d), and (3) apply to a person under contract with a
public employer.
Section 6. Section 34A-5-114 is amended to read:
34A-5-114 . Limitations on enforceability of nondisclosure and
  non-disparagement clauses -- Retaliation prohibited.
  (1) As used in this section:
      (a) "Confidentiality clause" means a nondisclosure clause or a non-disparagement clause.
      (b) "Employee" means a current or a former employee.
      (c) "Nondisclosure clause" means an agreement between an employee and employer that
prevents, or has the effect of preventing, an employee from disclosing or discussing:
(i) sexual assault;
(ii) allegations of sexual assault;
(iii) sexual harassment; or
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H.B. 90  Enrolled Copy
(iv) allegations of sexual harassment.
      (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:
(i) about the employer; and
(ii) related to:
(A) a claim of sexual assault or sexual harassment;
(B) a sexual assault dispute; or
(C) a sexual harassment dispute.
      (e) "Post-employment restrictive covenant" means the same as that term is defined in
Section 34-51-102.
      (f) "Proprietary information" means an employer's business plan or customer
information.
      (g) "Retaliate" means taking an adverse action against an employee because the
employee made an allegation of sexual harassment or assault, including:
(i) discharge;
(ii) suspension;
(iii) demotion; or
(iv) discrimination in the terms, conditions, or privileges of employment.
      (h)[(i)] "Sexual assault" means:
[(A)] (i) conduct that would constitute a violation of 18 U.S.C. Secs. 2241 through
2244; or
[(B)] (ii) criminal conduct described in Title 76, Chapter 5, Part 4, Sexual Offenses.
[(ii) "Sexual assault" does not include criminal conduct described in:]
[(A) Section 76-5-417, enticing a minor;]
[(B) Section 76-5-418, sexual battery;]
[(C) Section 76-5-419, lewdness; or]
[(D) Section 76-5-420, lewdness involving a child.]
      (i) "Sexual assault dispute" means a dispute between an employer and the employer's
employee relating to alleged sexual assault.
      (j) "Sexual harassment" means harassment on the basis of sex, sexual orientation, or
gender, as prohibited in:
(i) Title VII of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000e et seq.; or
(ii) Subsection 34A-5-106(1)(a)(i).
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      (k) "Sexual harassment dispute" means a dispute between an employer and the
employer's employee relating to alleged sexual harassment.
  (2)(a) A confidentiality clause regarding sexual misconduct, as a condition of
      employment, is against public policy and is void and unenforceable.
      (b) After an employee makes an allegation of sexual harassment or sexual assault, an
employer of any sized business, regardless of Subsection 34-5-102(1)(i)(D):
(i) may not retaliate against the employee because the employee made an allegation
of sexual harassment or assault; or
(ii) may not retaliate based on an employee's refusal to enter into a confidentiality
clause or an employment contract that, as a condition of employment, contains a
confidentiality clause.
      (c) An employee may, within three business days after the day on which the employee
agrees to a settlement agreement that includes a confidentiality clause regarding
sexual misconduct, withdraw from the settlement agreement.
  (3) An employer who attempts to enforce a confidentiality clause in violation of this section:
      (a) is liable for all costs, including reasonable attorney fees, resulting from legal action
to enforce the confidentiality clause; and
      (b) is not entitled to monetary damages resulting from a breach of a confidentiality
clause.
  (4) This section does not:
      (a) prohibit an agreement between an employee who alleges sexual assault or sexual
harassment and an employer from containing a nondisclosure clause, a
non-disparagement clause, or any other clause prohibiting disclosure of:
(i) the amount of a monetary settlement; or
(ii) at the request of the employee, facts that could reasonably lead to the
identification of the employee;
      (b) prohibit an employer from requiring an employee to:
(i) sign a post-employment restrictive covenant; or
(ii) agree not to disclose an employer's non-public trade secrets, proprietary
information, or confidential information that does not involve illegal acts;
      (c) authorize an employee to:
(i) disclose data otherwise protected by law or legal privilege; or
(ii) knowingly make statements or disclosures that are false or made with reckless
disregard of the truth;
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H.B. 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;
(e) permit a disclosure that would violate state or federal law; or
(f) limit other grounds that may exist at law or in equity for the unenforceability of a
confidentiality clause.
Section 7. Section 53-10-801 is amended to read:
53-10-801 . Definitions.
      [For purposes of] As used in this part:
   (1) "Alleged sexual offender" means an individual or a minor regarding whom an
indictment, petition, or an information has been filed or an arrest has been made alleging
the commission of a sexual offense or an attempted sexual offense and regarding which:
(a) a judge has signed an accompanying arrest warrant, pickup order, or any other order
based upon probable cause regarding the alleged offense; and
(b) the judge has found probable cause to believe that the alleged victim has been
exposed to conduct or activities that may result in an HIV infection as a result of the
alleged offense.
   (2) "Department of Health and Human Services" means the Department of Health and
Human Services created in Section 26B-1-201.
   (3) "HIV infection" means an indication of Human Immunodeficiency Virus (HIV)
infection determined by current medical standards and detected by any of the following:
(a) presence of antibodies to HIV, verified by a positive "confirmatory" test, such as
Western blot or other method approved by the Utah State Health Laboratory.
Western blot interpretation will be based on criteria currently recommended by the
Association of State and Territorial Public Health Laboratory Directors;
(b) presence of HIV antigen;
(c) isolation of HIV; or
(d) demonstration of HIV proviral DNA.
   (4) "HIV positive individual" means an individual who is HIV positive as determined by
the State Health Laboratory.
   (5) "Local department of health" means a local health department as defined in Section
26A-1-102.
   (6) "Minor" means an individual younger than 18 years old.
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  (7) "Positive" means an indication of the HIV infection as defined in Subsection (3).
  (8)(a) "Sexual offense" means a violation of any offense under Title 76, Chapter 5, Part
      4, Sexual Offenses.
      (b) "Sexual offense" does not include a violation of Section 76-5-417[,] or 76-5-418[,
76-5-419, or 76-5-420].
  (9) "Test" or "testing" means a test or tests for HIV infection conducted by and in
      accordance with standards recommended by the Department of Health and Human
      Services.
Section 8. Section 53G-8-201 is amended to read:
53G-8-201 . Definitions.
     As used in this part:
  (1) "Serious offense" means the same as that term is defined in Section 80-6-103.
  [(1)] (2)[(a)] "Sexual crime" or "sexual misconduct" means any conduct described in:
[(i)] (a) Title 76, Chapter 5, Part 4, Sexual Offenses;
[(ii)] (b) Title 76, Chapter 5b, Sexual Exploitation Act; or
[(iii)] (c) Section 76-7-102, [incest] Incest.
      [(b) "Sexual crime" or "sexual misconduct" does not include conduct described in:]
[(i) Section 76-5-417, enticing a minor;]
[(ii) Section 76-5-420, lewdness involving a child; or]
[(iii) Section 76-5b-206, failure to report child sexual abuse material by a computer
technician.]
  [(2) "Serious offense" means the same as that term is defined in Section 80-6-103.]
Section 9. Section 57-22-5.1 is amended to read:
57-22-5.1 . Crime victim's right to new locks -- Domestic violence victim's right
  to terminate rental agreement -- Limits an owner relating to assistance from public
  safety agency.
  (1) As used in this section:
      (a)(i) "Court order" means, except as provided in Subsection (1)(a)(ii):
(A) a civil protective order, as defined in Section 78B-7-102;
(B) a civil stalking injunction, as defined in Section 78B-7-102;
(C) a criminal protective order, as defined in Section 78B-7-102; or
(D) a criminal stalking injunction, as defined in Section 78B-7-102.
(ii) "Court order" does not include:
(A) an ex parte civil protective order, as defined in Section 78B-7-102; or
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(B) an ex parte civil stalking injunction, as defined in Section 78B-7-102, for
which a hearing is requested.
(b)[(i)] "Crime victim" means a victim of:
[(A)] (i) domestic violence, as defined in Section 77-36-1;
[(B)] (ii) stalking, as defined in Section 76-5-106.5;
[(C)] (iii) an offense under Title 76, Chapter 5, Part 4, Sexual Offenses;
[(D)] (iv) burglary or aggravated burglary under Section 76-6-202 or 76-6-203; or
[(E)] (v) dating violence, as defined in Section 78B-7-102.
[(ii) "Crime victim" does not include a victim of an offense of:]
[(A) enticing a minor under Section 76-5-417;]
[(B) sexual battery under Section 76-5-418;]
[(C) lewdness under Section 76-5-419; or]
[(D) lewdness involving a child under Section 76-5-420.]
(c) "Domestic violence" means the same as that term is defined in Section 77-36-1.
(d) "Financial obligation" means any rent, fees, damages, or other costs owed by a renter.
(e)(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).
(ii) "Future obligations" includes:
1000  (A) the payment of rent and fees for the residential rental unit; and
1001  (B) the right to occupy the residential rental unit.
1002  (f) "Public safety agency" means a governmental entity that provides fire protection, law
1003  enforcement, ambulance, medical, or similar service.
1004  (g) "Victim of domestic violence" means the same as the term "victim" in Section
1005  77-36-1.
1006  (h) "Termination fee" means the equivalent of one month of rent under the rental
1007  agreement.
1008     (2) An acceptable form of documentation of an act listed in Subsection (1) is:
1009  (a) a protective order protecting the renter issued pursuant to Title 78B, Chapter 7, Part
1010  6, Cohabitant Abuse Protective Orders, subsequent to a hearing of which the
1011  petitioner and respondent have been given notice under Title 78B, Chapter 7, Part 6,
1012  Cohabitant Abuse Protective Orders; or
1013  (b) a copy of a police report documenting an act listed in Subsection (1).
1014     (3)(a) A renter who is a crime victim may require the renter's owner to install a new lock
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1015        to the renter's residential rental unit if the renter:
1016  (i) provides the owner with an acceptable form of documentation of an act listed in
1017  Subsection (1); and
1018  (ii) pays for the cost of installing the new lock.
1019        (b) An owner may comply with Subsection (3)(a) by:
1020  (i) rekeying the lock if the lock is in good working condition; or
1021  (ii) changing the entire locking mechanism with a locking mechanism of equal or
1022  greater quality than the lock being replaced.
1023        (c) An owner who installs a new lock under Subsection (3)(a) may retain a copy of the
1024  key that opens the new lock.
1025        (d) Notwithstanding any rental agreement, an owner who installs a new lock under
1026  Subsection (3)(a) shall refuse to provide a copy of the key that opens the new lock to
1027  the perpetrator of the act listed in Subsection (1).
1028        (e) Notwithstanding Section 78B-6-814, if an owner refuses to provide a copy of the key
1029  under Subsection (3)(d) to a perpetrator who is not barred from the residential rental
1030  unit by a protective order but is a renter on the rental agreement, the perpetrator may
1031  file a petition with a court of competent jurisdiction within 30 days to:
1032  (i) establish whether the perpetrator should be given a key and allowed access to the
1033  residential rental unit; or
1034  (ii) establish whether the perpetrator should be relieved of further liability under the
1035  rental agreement because of the owner's exclusion of the perpetrator from the
1036  residential rental unit.
1037        (f) Notwithstanding Subsection (3)(e)(ii), a perpetrator may not be relieved of further
1038  liability under the rental agreement if the perpetrator is found by the court to have
1039  committed the act upon which the landlord's exclusion of the perpetrator is based.
1040    (4) A renter who is a victim of domestic violence may terminate all of the renter's future
1041        obligations under a rental agreement if the renter:
1042        (a) except as provided in Subsection (5), is in compliance with all obligations under the
1043  rental agreement, including the requirements of Section 57-22-5;
1044        (b) provides the owner with:
1045  (i) a court order protecting the renter from a domestic violence perpetrator; or
1046  (ii) a copy of a police report documenting that the renter is a victim of domestic
1047  violence and is not the predominant aggressor under Subsection 77-36-2.2(3);
1048        (c) provides the owner with a written notice of termination that includes the date on
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1049  which the renter intends to vacate the renter's residential rental unit; and
1050  (d) pays the owner a termination fee on the later of the day on which:
1051  (i) the renter provides the owner with a written notice of termination; or
1052  (ii) the renter vacates the renter's residential rental unit.
1053     (5) A renter may terminate all of the renter's future obligations under a rental agreement
1054  under Subsection (4) when the renter is not in compliance with the requirements of
1055  Subsection 57-22-5(1)(g) or (2) if:
1056  (a) the renter provides evidence to the owner with the written notice of termination
1057  under Subsection (4)(c) establishing that:
1058  (i) the noncompliance with Subsection 57-22-5(1)(g) or (2) occurred less than 30
1059  days before the day on which the renter provided the written notice of termination
1060  to the owner; and
1061  (ii) the noncompliance with Subsection 57-22-5(1)(g) or (2) is due to domestic
1062  violence;
1063  (b) the renter is in compliance with all obligations of the rental agreement, except for the
1064  noncompliance described in Subsection (5)(a); and
1065  (c) the renter complies with Subsections (4)(b), (c), and (d).
1066     (6) If a renter provides an owner with a written notice of termination under Subsection
1067  (4)(c), the renter shall:
1068  (a) vacate the renter's residential rental unit within 15 days after the day on which the
1069  written notice of termination is provided to the owner; and
1070  (b) pay rent for any occupation of the residential rental unit during that 15-day time
1071  period.
1072     (7) A renter may not terminate all of the renter's future obligations under a rental agreement
1073  under Subsection (4) after a notice of eviction is served on the renter.
1074     (8) A renter who terminates all of the renter's future obligations under a rental agreement
1075  under Subsection (4) is liable for any financial obligation owed by the renter:
1076  (a) before the renter provided the owner with the written notice of termination under
1077  Subsection (4)(c);
1078  (b) for any noncompliance with Subsection 57-22-5(1)(g) or (2) as described in
1079  Subsection (5); and
1080  (c) for any occupancy of the residential rental unit by the renter during the 15-day time
1081  period described in Subsection (6).
1082     (9) The termination of a renter's future obligations under a rental agreement does not
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1083        terminate the rental agreement for any other person entitled under the rental agreement
1084        to occupy the residential rental unit.
1085    (10) An owner may not:
1086        (a) impose a restriction on a renter's ability to request assistance from a public safety
1087  agency; or
1088        (b) penalize or evict a renter because the renter makes reasonable requests for assistance
1089  from a public safety agency.
1090  Section 10. Section 59-27-105 is amended to read:
1091  59-27-105 . Sexually Explicit Business and Escort Service Fund -- Administrative
1092    charge.
1093    (1) There is created an expendable special revenue fund called the "Sexually Explicit
1094        Business and Escort Service Fund."
1095    (2)(a) Except as provided in Subsection (3), the fund consists of all amounts collected by
1096        the commission under this chapter.
1097        (b)(i) The money in the fund shall be invested by the state treasurer pursuant to Title
1098  51, Chapter 7, State Money Management Act.
1099  (ii) All interest or other earnings derived from the fund money shall be deposited in
1100  the fund.
1101    (3) Notwithstanding any other provision of this chapter, the commission shall retain and
1102        deposit an administrative charge in accordance with Section 59-1-306 from the revenues
1103        the commission collects from a tax under this chapter.
1104    (4)(a) Fund money shall be used as provided in this Subsection (4).
1105        (b) The Department of Corrections shall use 60% of the money in the fund, in addition
1106  to existing budgets, to provide treatment services to nonworking or indigent adults
1107  who:
1108  (i) have been convicted of an offense under Title 76, Chapter 5, Part 4, Sexual
1109  Offenses[, other than Section 76-5-417, 76-5-418, 76-5-419, or 76-5-420]; and
1110  (ii) are not currently confined or incarcerated in a jail or prison.
1111        (c) The Division of Adult Probation and Parole created in Section 64-14-202 shall use
1112  15% of the money in the fund to provide outpatient treatment services to individuals
1113  who:
1114  (i) have been convicted of an offense under Title 76, Chapter 5, Part 4, Sexual
1115  Offenses[, other than Section 76-5-417, 76-5-418, 76-5-419, or 76-5-420]; and
1116  (ii) are not currently confined or incarcerated in a jail or prison.
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 H.B. 90  Enrolled Copy
1117  (d) The Department of Corrections shall use 10% of the money in the fund, in addition
1118  to existing budgets, to implement treatment programs for juveniles who have been
1119  convicted of an offense under Title 76, Chapter 5, Part 4, Sexual Offenses[, other
1120  than Section 76-5-417, 76-5-418, 76-5-419, or 76-5-420].
1121  (e) The attorney general shall use 15% of the money in the fund to provide funding for
1122  any task force:
1123  (i) administered through the Office of the Attorney General; and
1124  (ii) that investigates and prosecutes individuals who use the Internet to commit
1125  crimes against children.
1126  Section 11. Section 63M-7-502 is amended to read:
1127  63M-7-502 . Definitions.
1128  As used in this part:
1129     (1) "Accomplice" means an individual who has engaged in criminal conduct as described in
1130  Section 76-2-202.
1131     (2) "Advocacy services provider" means the same as that term is defined in Section
1132  77-38-403.
1133     (3) "Bodily injury" means physical pain, illness, or any impairment of physical condition.
1134     (4) "Claimant" means any of the following claiming reparations under this part:
1135  (a) a victim;
1136  (b) a dependent of a deceased victim; or
1137  (c) an individual or representative who files a reparations claim on behalf of a victim.
1138     (5) "Child" means an unemancipated individual who is under 18 years old.
1139     (6) "Collateral source" means any source of benefits or advantages for economic loss
1140  otherwise reparable under this part that the claimant has received, or that is readily
1141  available to the claimant from:
1142  (a) the offender;
1143  (b) the insurance of the offender or the victim;
1144  (c) the United States government or any of its agencies, a state or any of its political
1145  subdivisions, or an instrumentality of two or more states, except in the case on
1146  nonobligatory state-funded programs;
1147  (d) social security, Medicare, and Medicaid;
1148  (e) state-required temporary nonoccupational income replacement insurance or disability
1149  income insurance;
1150  (f) workers' compensation;
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 Enrolled Copy  H.B. 90
1151        (g) wage continuation programs of any employer;
1152        (h) proceeds of a contract of insurance payable to the claimant for the loss the claimant
1153  sustained because of the criminally injurious conduct;
1154        (i) a contract providing prepaid hospital and other health care services or benefits for
1155  disability; or
1156        (j) veteran's benefits, including veteran's hospitalization benefits.
1157    (7)(a) "Confidential record" means a record in the custody of the office that relates to a
1158        claimant's eligibility for a reparations award.
1159        (b) "Confidential record" includes:
1160  (i) a reparations claim;
1161  (ii) any correspondence regarding:
1162  (A) the approval or denial of a reparations claim; or
1163  (B) the payment of a reparations award;
1164  (iii) a document submitted to the office in support of a reparations award;
1165  (iv) a medical or mental health treatment plan; and
1166  (v) an investigative report provided to the office by a law enforcement agency.
1167    (8) "Criminal justice system victim advocate" means the same as that term is defined in
1168        Section 77-38-403.
1169    (9)(a) "Criminally injurious conduct" other than acts of war declared or not declared
1170        means conduct that:
1171  (i) is or would be subject to prosecution in this state under Section 76-1-201;
1172  (ii) occurs or is attempted;
1173  (iii) causes, or poses a substantial threat of causing, bodily injury or death;
1174  (iv) is punishable by fine, imprisonment, or death if the individual engaging in the
1175  conduct possessed the capacity to commit the conduct; and
1176  (v) does not arise out of the ownership, maintenance, or use of a motor vehicle,
1177  aircraft, or water craft, unless the conduct is:
1178  (A) intended to cause bodily injury or death;
1179  (B) punishable under Title 76, Chapter 5, Offenses Against the Individual; or
1180  (C) chargeable as an offense for driving under the influence of alcohol or drugs.
1181        (b) "Criminally injurious conduct" includes a felony violation of Section 76-7-101 and
1182  other conduct leading to the psychological injury of an individual resulting from
1183  living in a setting that involves a bigamous relationship.
1184    (10)(a) "Dependent" means a natural person to whom the victim is wholly or partially
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 H.B. 90  Enrolled Copy
1185  legally responsible for care or support.
1186  (b) "Dependent" includes a child of the victim born after the victim's death.
1187     (11) "Dependent's economic loss" means loss after the victim's death of contributions of
1188  things of economic value to the victim's dependent, not including services the dependent
1189  would have received from the victim if the victim had not suffered the fatal injury, less
1190  expenses of the dependent avoided by reason of victim's death.
1191     (12) "Dependent's replacement services loss" means loss reasonably and necessarily
1192  incurred by the dependent after the victim's death in obtaining services in lieu of those
1193  the decedent would have performed for the victim's benefit if the victim had not suffered
1194  the fatal injury, less expenses of the dependent avoided by reason of the victim's death
1195  and not subtracted in calculating the dependent's economic loss.
1196     (13) "Director" means the director of the office.
1197     (14) "Disposition" means the sentencing or determination of penalty or punishment to be
1198  imposed upon an individual:
1199  (a) convicted of a crime;
1200  (b) found delinquent; or
1201  (c) against whom a finding of sufficient facts for conviction or finding of delinquency is
1202  made.
1203     (15)(a) "Economic loss" means economic detriment consisting only of allowable
1204  expense, work loss, replacement services loss, and if injury causes death, dependent's
1205  economic loss and dependent's replacement service loss.
1206  (b) "Economic loss" includes economic detriment even if caused by pain and suffering
1207  or physical impairment.
1208  (c) "Economic loss" does not include noneconomic detriment.
1209     (16) "Elderly victim" means an individual who is 60 years old or older and who is a victim.
1210     (17) "Fraudulent claim" means a filed reparations based on material misrepresentation of
1211  fact and intended to deceive the reparations staff for the purpose of obtaining reparation
1212  funds for which the claimant is not eligible.
1213     (18) "Fund" means the Crime Victim Reparations Fund created in Section 63M-7-526.
1214     (19)(a) "Interpersonal violence" means an act involving violence, physical harm, or a
1215  threat of violence or physical harm, that is committed by an individual who is or has
1216  been in a domestic, dating, sexual, or intimate relationship with the victim.
1217  (b) "Interpersonal violence" includes any attempt, conspiracy, or solicitation of an act
1218  described in Subsection (19)(a).
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 Enrolled Copy  H.B. 90
1219    (20) "Law enforcement agency" means a public or private agency having general police
1220        power and charged with making arrests in connection with enforcement of the criminal
1221        statutes and ordinances of this state or any political subdivision of this state.
1222    (21) "Law enforcement officer" means the same as that term is defined in Section 53-13-103.
1223    (22)(a) "Medical examination" means a physical examination necessary to document
1224        criminally injurious conduct.
1225        (b) "Medical examination" does not include mental health evaluations for the
1226  prosecution and investigation of a crime.
1227    (23) "Mental health counseling" means outpatient and inpatient counseling necessitated as a
1228        result of criminally injurious conduct, is subject to rules made by the office in
1229        accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
1230    (24) "Misconduct" means conduct by the victim that was attributable to the injury or death
1231        of the victim as provided by rules made by the office in accordance with Title 63G,
1232        Chapter 3, Utah Administrative Rulemaking Act.
1233    (25) "Noneconomic detriment" means pain, suffering, inconvenience, physical impairment,
1234        and other nonpecuniary damage, except as provided in this part.
1235    (26) "Nongovernment organization victim advocate" means the same as that term is defined
1236        in Section 77-38-403.
1237    (27) "Nonpublic restitution record" means a restitution record that contains a claimant's
1238        medical or mental health information.
1239    (28) "Pecuniary loss" does not include loss attributable to pain and suffering except as
1240        otherwise provided in this part.
1241    (29) "Offender" means an individual who has violated Title 76, Utah Criminal Code,
1242        through criminally injurious conduct regardless of whether the individual is arrested,
1243        prosecuted, or convicted.
1244    (30) "Offense" means a violation of Title 76, Utah Criminal Code.
1245    (31) "Office" means the director, the reparations and assistance officers, and any other staff
1246        employed for the purpose of carrying out the provisions of this part.
1247    (32) "Perpetrator" means the individual who actually participated in the criminally injurious
1248        conduct.
1249    (33) "Public restitution record" means a restitution record that does not contain a claimant's
1250        medical or mental health information.
1251    (34)(a) "Rape crisis and services center" means a nonprofit entity that assists victims of
1252        sexual assault and victims' families by offering sexual assault crisis intervention and
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 H.B. 90  Enrolled Copy
1253  counseling through a sexual assault counselor.
1254  (b) "Rape crisis and services center" does not include a qualified institutional victim
1255  services provider as defined in Section 53H-14-401.
1256     (35) "Reparations award" means money or other benefits provided to a claimant or to
1257  another on behalf of a claimant after the day on which a reparations claim is approved
1258  by the office.
1259     (36) "Reparations claim" means a claimant's request or application made to the office for a
1260  reparations award.
1261     (37)(a) "Reparations officer" means an individual employed by the office to investigate
1262  a claimant's request for reparations and award reparations under this part.
1263  (b) "Reparations officer" includes the director when the director is acting as a
1264  reparations officer.
1265     (38) "Replacement service loss" means expenses reasonably and necessarily incurred in
1266  obtaining ordinary and necessary services in lieu of those the injured individual would
1267  have performed, not for income but the benefit of the injured individual or the injured
1268  individual's dependents if the injured individual had not been injured.
1269     (39)(a) "Representative" means the victim, immediate family member, legal guardian,
1270  attorney, conservator, executor, or an heir of an individual.
1271  (b) "Representative" does not include a service provider or collateral source.
1272     (40) "Restitution" means the same as that term is defined in Section 77-38b-102.
1273     (41)(a) "Restitution record" means a record documenting payments made to, or on
1274  behalf of, a claimant by the office that the office relies on to support a restitution
1275  request made in accordance with Section 77-38b-205.
1276  (b) "Restitution record" includes:
1277  (i) a notice of restitution;
1278  (ii) an itemized list of payments;
1279  (iii) an invoice, receipt, or bill submitted to the office for reimbursement; and
1280  (iv) any documentation that the office relies on to establish a nexus between an
1281  offender's criminally injurious conduct and a reparations award made by the office.
1282     (42) "Secondary victim" means an individual who is traumatically affected by the
1283  criminally injurious conduct subject to rules made by the office in accordance with Title
1284  63G, Chapter 3, Utah Administrative Rulemaking Act.
1285     (43) "Service provider" means an individual or agency who provides a service to a claimant
1286  for a monetary fee, except attorneys as provided in Section 63M-7-524.
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1287    (44) "Serious bodily injury" means the same as that term is defined in Section 76-1-101.5.
1288    (45)[(a)] "Sexual assault" means any criminal conduct described in Title 76, Chapter 5,
1289        Part 4, Sexual Offenses.
1290        [(b) "Sexual assault" does not include criminal conduct described in:]
1291  [(i) Section 76-5-417, enticing a minor;]
1292  [(ii) Section 76-5-418, sexual battery;]
1293  [(iii) Section 76-5-419, lewdness; or]
1294  [(iv) Section 76-5-420, lewdness involving a child.]
1295    (46) "Sexual assault counselor" means an individual who:
1296        (a) is employed by or volunteers at a rape crisis and services center;
1297        (b) has a minimum of 40 hours of training in counseling and assisting victims of sexual
1298  assault; and
1299        (c) is under the supervision of the director of a rape crisis and services center or the
1300  director's designee.
1301    (47) "Strangulation" means any act involving the use of unlawful force or violence that:
1302        (a) impedes breathing or the circulation of blood; and
1303        (b) is likely to produce a loss of consciousness by:
1304  (i) applying pressure to the neck or throat of an individual; or
1305  (ii) obstructing the nose, mouth, or airway of an individual.
1306    (48) "Substantial bodily injury" means the same as that term is defined in Section
1307        76-1-101.5.
1308    (49)(a) "Victim" means an individual who suffers bodily or psychological injury or
1309        death as a direct result of:
1310  (i) criminally injurious conduct; or
1311  (ii) the production of pornography in violation of Section 76-5b-201 or 76-5b-201.1
1312  if the individual is a minor.
1313        (b) "Victim" does not include an individual who participated in or observed the judicial
1314  proceedings against an offender unless otherwise provided by statute or rule made in
1315  accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
1316    (50) "Work loss" means loss of income from work the injured victim would have performed
1317        if the injured victim had not been injured and expenses reasonably incurred by the
1318        injured victim in obtaining services in lieu of those the injured victim would have
1319        performed for income, reduced by any income from substitute work the injured victim
1320        was capable of performing but unreasonably failed to undertake.
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1321  Section 12. Section 76-2-306 is amended to read:
1322  76-2-306 . Voluntary intoxication.
1323     (1) Voluntary intoxication is not a defense to a criminal charge unless such intoxication
1324  negates the existence of the mental state which is an element of the offense. If
1325  recklessness or criminal negligence establishes an element of an offense and the actor is
1326  unaware of the risk because of voluntary intoxication, [his] the actor's unawareness is
1327  immaterial in a prosecution for that offense.
1328     (2) Voluntary intoxication is not a defense to a sexual [offenses] offense, as described in
1329  Title 76, Chapter 5, Part 4, Sexual Offenses[, other than Section 76-5-417, 76-5-418,
1330  76-5-419, or 76-5-420].
1331  Section 13. Section 76-3-203.1 is amended to read:
1332  76-3-203.1 . Enhanced penalty for offenses committed in or for a certain group.
1333     (1) As used in this section:
1334  (a) "Criminal street gang" means the same as that term is defined in Section 76-9-802.
1335  (b) "In concert with two or more individuals" means:
1336  (i) the actor was aided or encouraged by at least two other individuals in committing
1337  an offense and was aware of this aid or encouragement; and
1338  (ii) each of the other individuals:
1339  (A) was physically present; and
1340  (B) participated as a party to an offense listed in Subsection (6) or (7).
1341  (c) "In concert with two or more individuals" means, regarding intent:
1342  (i) any other individual participating as a party need not have the intent to engage in
1343  the same offense or degree of offense as the actor; and
1344  (ii) a minor is a party if the minor's actions would cause the minor to be a party if the
1345  minor were an adult.
1346  (d) "Organized criminal group" means a group of three or more individuals, whether
1347  operating formally or informally, that:
1348  (i) has as one of the group's purposes the commission of criminal offenses; and
1349  (ii) whose members collectively engage in committing criminal offenses for the
1350  financial or other material benefit of the members or group.
1351  (e) "Principal place of residence" means the single location where an individual's
1352  habitation is fixed and to which, whenever the individual is absent, the individual has
1353  the intention of returning, as evidenced by:
1354  (i) the intent expressed by the individual; and
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1355  (ii) acts of the individual that are consistent or inconsistent with the intent expressed
1356  by the individual.
1357    (2) An actor who commits an offense listed in Subsection (6) is subject to an enhanced
1358        penalty for the offense as provided in Subsection (5) if the trier of fact finds beyond a
1359        reasonable doubt that the actor acted:
1360        (a) in concert with two or more individuals;
1361        (b) for the benefit of, at the direction of, or in association with a criminal street gang or
1362  other organized criminal group; or
1363        (c) to gain recognition, acceptance, membership, or increased status with a criminal
1364  street gang or other organized criminal group.
1365    (3) An actor who commits an offense listed in Subsection (7) is subject to an enhanced
1366        penalty for the offense as provided in Subsection (5) if the trier of fact finds beyond a
1367        reasonable doubt that the actor:
1368        (a)(i) acted in concert with two or more individuals; and
1369  (ii)(A) traveled more than 50 miles from the actor's principal place of residence
1370  for the purpose of the actor committing an offense listed in Subsection (7); or
1371  (B) had previously been convicted of an offense listed in Subsection (7), or an
1372  offense in another jurisdiction, including a state, federal, or military court, that
1373  is substantially equivalent to an offense under Subsection (7);
1374        (b) acted for the benefit of, at the direction of, or in association with a criminal street
1375  gang or other organized criminal group; or
1376        (c) acted to gain recognition, acceptance, membership, or increased status with a
1377  criminal street gang or other organized criminal group.
1378    (4) The prosecuting attorney, or grand jury if an indictment is returned, shall cause to be
1379        subscribed upon the information or indictment notice that the actor is subject to the
1380        enhanced penalties provided under this section.
1381    (5) For an offense listed in Subsection (6) or (7), an actor may be charged as follows:
1382        (a) for a class B misdemeanor, as a class A misdemeanor;
1383        (b) for a class A misdemeanor, as a third degree felony;
1384        (c) for a third degree felony, as a second degree felony; and
1385        (d) for a second degree felony, as a first degree felony.
1386    (6) The offenses referred to in Subsection (2) are:
1387        (a) an offense described in Chapter 5, Part 1, Assault and Related Offenses;
1388        (b) an offense described in Chapter 5, Part 2, Criminal Homicide;
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1389  (c) a felony offense described in Chapter 5, Part 3, Kidnapping, Trafficking, and
1390  Smuggling;
1391  (d) a felony offense described in Chapter 5, Part 4, Sexual Offenses[, other than enticing
1392  a minor under Section 76-5-417, lewdness under Section 76-5-419, or lewdness
1393  involving a child under Section 76-5-420];
1394  (e) a felony violation of aiding prostitution as described in Section 76-5d-206;
1395  (f) exploiting prostitution as described in Section 76-5d-207;
1396  (g) aggravated exploitation of prostitution under Section 76-5d-208;
1397  (h) robbery as described in Section 76-6-202;
1398  (i) burglary as described in Subsection 76-6-202(3)(b);
1399  (j) aggravated burglary as described in Section 76-6-203;
1400  (k) burglary of a research facility as described in Section 76-6-207;
1401  (l) aggravated robbery as described in Section 76-6-302;
1402  (m) an offense described in Chapter 11, Weapons; and
1403  (n) transporting or harboring aliens as described in Section 76-14-209.
1404     (7) The offenses referred to in Subsection (3) are:
1405  (a) criminal solicitation of a minor as described in Section 76-4-205;
1406  (b) an offense described in Chapter 6, Part 1, Property Destruction;
1407  (c) an offense described in Chapter 6, Part 4, Theft;
1408  (d) an offense described in Chapter 6, Part 6, Retail Theft;
1409  (e) an offense described in Chapter 6, Part 11, Identity Fraud Act;
1410  (f) communications fraud as described in Section 76-6-525; and
1411  (g) an offense described in Chapter 9, Part 16, Money Laundering and Currency
1412  Transaction Reporting Act.
1413     (8) A court may, if not otherwise prohibited from doing so by another section of the code,
1414  suspend a sentence imposed under this section and place the actor on probation.
1415     (9) It is not a bar to imposing the enhanced penalties under this section that the individuals
1416  with whom the actor is alleged to have acted in concert are not identified, apprehended,
1417  charged, or convicted, or that any of those individuals are charged with or convicted of a
1418  different or lesser offense.
1419  Section 14. Section 76-3-203.12 is amended to read:
1420  76-3-203.12 . Enhanced penalty for sexual offenses committed by a person with
1421     human immunodeficiency virus, acquired immunodeficiency virus, hepatitis B, or
1422     hepatitis C.
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1423    (1) As used in this section:
1424        (a) "Sexual offense" means an offense described in Chapter 5, Part 4, Sexual Offenses.
1425        (b) "Sexual offense" does not include:
1426  [(i) enticing a minor, as described in Section 76-5-417;]
1427  [(ii) sexual battery, as described in Section 76-5-418;]
1428  [(iii)] (i) lewdness, as described in Section 76-5-419; or
1429  [(iv)] (ii) lewdness involving a child, as described in Section 76-5-420.
1430    (2) A person convicted of a sexual offense is subject to an enhanced penalty if at the time of
1431        the sexual offense the person was infected with human immunodeficiency virus,
1432        acquired immunodeficiency virus, hepatitis B, or hepatitis C and the person knew of the
1433        infection.
1434    (3)(a) Except as provided in Subsection (3)(b), the enhancement of a penalty described
1435        in Subsection (2) shall be an enhancement of one classification higher than the root
1436        offense for which the person was convicted.
1437        (b) A felony of the first degree is not enhanced under this section.
1438  Section 15. Section 76-3-209 is amended to read:
1439  76-3-209 . Limitation on sentencing for crimes committed by juveniles.
1440    (1) As used in this section[:] ,
1441        [(a) "Qualifying] "qualifying sexual offense" means an offense described in Chapter 5,
1442  Part 4, Sexual Offenses.
1443        [(b) "Qualifying sexual offense" does not include enticing a minor as described in
1444  Section 76-5-417.]
1445    (2)(a) This Subsection (2) only applies prospectively to an individual sentenced on or
1446        after May 10, 2016.
1447        (b) Notwithstanding any provision of law, an individual may not be sentenced to life
1448  without parole if:
1449  (i) the individual is convicted of a crime punishable by life without parole; and
1450  (ii) at the time the individual committed the crime, the individual was under 18 years
1451  old.
1452        (c) The maximum punishment that may be imposed on an individual described in
1453  Subsection (2)(b) is an indeterminate prison term of not less than 25 years and that
1454  may be for life.
1455    (3) Except as provided in Subsection (4), if an individual is convicted in district court of a
1456        qualifying sexual offense and, at the time of the offense, the individual was at least 14
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1457  years old, but under 18 years old:
1458  (a) the district court shall impose a sentence consistent with the disposition that would
1459  have been made in juvenile court; and
1460  (b) the district court may not impose incarceration unless the court enters specific
1461  written findings that incarceration is warranted based on a totality of the
1462  circumstances, taking into account:
1463  (i) the time that elapsed after the individual committed the offense;
1464  (ii) the age of the individual at the time of the offense;
1465  (iii) the age of the victim at the time of the offense;
1466  (iv) the criminal history of the individual after the individual committed the offense;
1467  (v) any treatment assessments or validated risk tools; and
1468  (vi) public safety concerns.
1469     (4) Subsection (3) does not apply if:
1470  (a) before the individual described in Subsection (3) is convicted of the qualifying
1471  sexual offense, the individual is convicted of a qualifying sexual offense that the
1472  individual committed when the individual was 18 years old or older;
1473  (b) the individual is convicted in district court, before the victim is 18 years old, of a
1474  violation of Section 76-5-405, aggravated sexual assault; or
1475  (c) the conviction occurred in district court after the individual was:
1476  (i) charged by criminal information in the juvenile court for the qualifying sexual
1477  offense in accordance with Section 80-6-503; and
1478  (ii) bound over to the district court for the qualifying sexual offense in accordance
1479  with Section 80-6-504.
1480     (5) If the district court imposes incarceration under Subsection (3)(b), the term of
1481  incarceration may not exceed:
1482  (a) seven years for a violation of Section 76-5-405, aggravated sexual assault;
1483  (b) except as provided in Subsection (5)(a), four years for a felony violation of Chapter
1484  5, Part 4, Sexual Offenses[, other than Section 76-5-417, 76-5-419, or 76-5-420]; or
1485  (c) the maximum sentence described in Section 76-3-204 for a misdemeanor violation of
1486  Chapter 5, Part 4, Sexual Offenses[, other than Section 76-5-417].
1487  Section 16. Section 76-4-102 is amended to read:
1488  76-4-102 . Attempt -- Classification of offenses.
1489     (1) A violation of Section 76-4-101 where the actor attempts to commit:
1490  (a)(i) a capital felony, or a felony punishable by imprisonment for life without parole,
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1491  is a first degree felony;
1492  (ii) except as provided in Subsection (2), aggravated murder under Section 76-5-202,
1493  which results in serious bodily injury, is punishable by imprisonment for an
1494  indeterminate term of not fewer than 15 years and which may be for life;
1495        (b) except as provided in Subsection (1)(c), (d), or (e), a first degree felony is a second
1496  degree felony;
1497        (c) murder under Subsection 76-5-203(2)(a) is a first degree felony punishable by
1498  imprisonment for an indeterminate term of not fewer than five years and which may
1499  be for life;
1500        (d) one of [the ]the following offenses is a first degree felony that is punishable by
1501  imprisonment for an indeterminate term of not fewer than three years and which may
1502  be for life:
1503  (i) child kidnapping under Section 76-5-301.1; or
1504  (ii) except as provided in Subsection (1)(e), a felony described in Title 76, Chapter 5,
1505  Part 4, Sexual Offenses[, other than Section 76-5-417,] , that is a first degree
1506  felony;
1507        (e) except as provided in Subsection (3), one of the following offenses is a first degree
1508  felony that is punishable by imprisonment for an indeterminate term of not fewer
1509  than 15 years and which may be for life:
1510  (i) rape of a child under Section 76-5-402.1;
1511  (ii) object rape of a child under Section 76-5-402.3; or
1512  (iii) sodomy on a child under Section 76-5-403.1;
1513        (f) a second degree felony is a third degree felony;
1514        (g) a third degree felony is a class A misdemeanor;
1515        (h) a class A misdemeanor is a class B misdemeanor;
1516        (i) a class B misdemeanor is a class C misdemeanor; and
1517        (j) a class C misdemeanor is punishable by a penalty not exceeding one half the penalty
1518  for a class C misdemeanor.
1519    (2) If, when imposing a sentence under Subsection (1)(a)(ii), a court finds that a lesser term
1520        than the term described in Subsection (1)(a)(ii) is in the interests of justice and the court
1521        states the reasons for this finding on the record, the court may impose a term of
1522        imprisonment of not less than:
1523        (a) 10 years and which may be for life; or
1524        (b) six years and which may be for life.
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1525     (3) If, when imposing a sentence under Subsection (1)(e), a court finds that a lesser term
1526  than the term described in Subsection (1)(e) is in the interests of justice and states the
1527  reasons for this finding on the record, the court may impose a term of imprisonment of
1528  not less than:
1529  (a) 10 years and which may be for life;
1530  (b) six years and which may be for life; or
1531  (c) three years and which may be for life.
1532  Section 17. Section 76-4-202 is amended to read:
1533  76-4-202 . Conspiracy -- Classification of offenses.
1534        Conspiracy to commit:
1535     (1) a capital felony is a first degree felony;
1536     (2) a first degree felony is a second degree felony, except that conspiracy to commit child
1537  kidnaping, in violation of Section 76-5-301.1 or to commit any of those felonies
1538  described in Title 76, Chapter 5, Part 4, Sexual Offenses[, other than Section 76-5-417],
1539  which are first degree felonies, is a first degree felony punishable by imprisonment for
1540  an indeterminate term of not less than three years and which may be for life;
1541     (3) a second degree felony is a third degree felony;
1542     (4) a third degree felony is a class A misdemeanor;
1543     (5) a class A misdemeanor is a class B misdemeanor;
1544     (6) a class B misdemeanor is a class C misdemeanor; or
1545     (7) [A] a class C misdemeanor is punishable by a penalty not exceeding one half the penalty
1546  for a class C misdemeanor.
1547  Section 18. Section 76-4-203 is amended to read:
1548  76-4-203 . Criminal solicitation of an adult.
1549     (1)(a) As used in this section:
1550  (i) "Adult" means an individual who is 18 years old or older.
1551  (ii) "Solicit" means to ask, command, encourage, importune, offer to hire, or request.
1552  (b) Terms defined in Section 76-1-101.5 apply to this section.
1553     (2) An actor commits criminal solicitation of an adult if, with the intent that a felony
1554  offense be committed, the actor solicits an adult to engage in specific conduct that, under
1555  the circumstances as the actor believes the circumstances to be, would be a felony
1556  offense or would cause the adult to be a party to the commission of a felony offense.
1557     (3) A violation of Subsection (2) where the actor solicits the adult to commit:
1558  (a) a capital felony, or a felony punishable by imprisonment for life without parole, is a
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1559  first degree felony;
1560        (b) except as provided in Subsection (3)(c) or (d), a first degree felony is a second
1561  degree felony;
1562        (c) any of the following felony offenses is a first degree felony punishable by
1563  imprisonment for an indeterminate term of not fewer than three years and which may
1564  be for life:
1565  (i) murder, as described in Subsection 76-5-203(2)(a);
1566  (ii) child kidnapping, as described in Section 76-5-301.1; or
1567  (iii) except as provided in Subsection (3)(d), an offense described in Title 76, Chapter
1568  5, Part 4, Sexual Offenses[, other than Section 76-5-417], that is a first degree
1569  felony;
1570        (d) except as provided in Subsection (4), any of the following felony offenses is a first
1571  degree felony punishable by a term of imprisonment of not less than 15 years and
1572  which may be for life:
1573  (i) rape of a child, Section 76-5-402.1;
1574  (ii) object rape of a child, Section 76-5-402.3; or
1575  (iii) sodomy on a child, Section 76-5-403.1;
1576        (e) a second degree felony is a third degree felony; and
1577        (f) a third degree felony is a class A misdemeanor.
1578    (4) If a court finds that a lesser term than the term described in Subsection (3)(d) is in the
1579        interests of justice and states the reasons for this finding on the record, the court may
1580        impose a term of imprisonment of not less than:
1581        (a) 10 years and which may be for life;
1582        (b) six years and which may be for life; or
1583        (c) three years and which may be for life.
1584    (5) An actor may be convicted under this section only if the solicitation is made under
1585        circumstances strongly corroborative of the actor's intent that the offense be committed.
1586    (6) It is not a defense to a violation of this section that:
1587        (a) the adult solicited by the actor:
1588  (i) does not agree to act upon the solicitation;
1589  (ii) does not commit an overt act;
1590  (iii) does not engage in conduct constituting a substantial step toward the commission
1591  of any offense;
1592  (iv) is not criminally responsible for the felony offense solicited;
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1593  (v) was acquitted, was not prosecuted or convicted, or was convicted of a different
1594  offense or of a different type or degree of offense; or
1595  (vi) is immune from prosecution; or
1596  (b) the actor:
1597  (i) belongs to a class of persons that by definition is legally incapable of committing
1598  the offense in an individual capacity; or
1599  (ii) fails to communicate with the adult that the actor solicits to commit an offense if
1600  the intent of the actor's conduct was to effect the communication.
1601     (7) Nothing in this section prevents an actor who otherwise solicits an adult to engage, or
1602  intentionally aids an adult in engaging, in conduct that constitutes an offense from being
1603  prosecuted and convicted as a party to the offense under Section 76-2-202 if the adult
1604  actually commits the offense.
1605  Section 19. Section 76-5-107 is amended to read:
1606  76-5-107 . Threat of violence.
1607     (1) Terms defined in Section 76-1-101.5 apply to this section.
1608     (2) An actor commits a threat of violence if the actor:
1609  (a)(i) threatens to commit an offense:
1610  (A) under Title 76, Chapter 5, Part 4, Sexual Offenses[, other than Section
1611  76-5-417, 76-5-418, 76-5-419, or 76-5-420]; or
1612  (B) involving bodily injury, death, or substantial property damage; and
1613  (ii) acts with intent to place an individual in fear:
1614  (A) that the actor will imminently commit an offense under Title 76, Chapter 5,
1615  Part 4, Sexual Offenses, [other than Section 76-5-417, 76-5-418, 76-5-419, or
1616  76-5-420, ]against the individual; or
1617  (B) of imminent serious bodily injury, substantial bodily injury, or death; or
1618  (b) makes a threat, accompanied by a show of immediate force or violence, to do bodily
1619  injury to an individual.
1620     (3)(a) A violation of Subsection (2) is a class B misdemeanor.
1621  (b) An actor who commits an offense under this section is subject to punishment for that
1622  offense, in addition to any other offense committed, including the carrying out of the
1623  threatened act.
1624     (4) It is not a defense under this section that the actor did not attempt to or was incapable of
1625  carrying out the threat.
1626     (5) A threat under Subsection (2) may be express or implied.
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1627  Section 20. Section 76-5-302 is amended to read:
1628  76-5-302 . Aggravated kidnapping.
1629    (1)(a) As used in this section, "in the course of committing unlawful detention or
1630        kidnapping" means in the course of committing, attempting to commit, or in the
1631        immediate flight after the attempt or commission of a violation of:
1632  (i) Section 76-5-301, kidnapping; or
1633  (ii) Section 76-5-304, unlawful detention.
1634        (b) Terms defined in Section 76-1-101.5 apply to this section.
1635    (2) An actor commits aggravated kidnapping if the actor, in the course of committing
1636        unlawful detention or kidnapping:
1637        (a) uses or threatens to use a dangerous weapon; or
1638        (b) acts with the intent to:
1639  (i) hold the victim for ransom or reward, as a shield or hostage, or to compel a third
1640  person to engage in particular conduct or to forbear from engaging in particular
1641  conduct;
1642  (ii) facilitate the commission, attempted commission, or flight after commission or
1643  attempted commission of a felony;
1644  (iii) hinder or delay the discovery of or reporting of a felony;
1645  (iv) inflict bodily injury on or to terrorize the victim or another individual;
1646  (v) interfere with the performance of any governmental or political function; or
1647  (vi) commit a sexual offense as described in Title 76, Chapter 5, Part 4, Sexual
1648  Offenses, other than Section [76-5-417, 76-5-418, ]76-5-419[,] or 76-5-420.
1649    (3)(a) A violation of Subsection (2) in the course of committing unlawful detention is a
1650        third degree felony.
1651        (b) A violation of Subsection (2) in the course of committing kidnapping is a first degree
1652  felony.
1653    (4) An actor convicted of a violation of Subsection (3)(b) shall be sentenced to
1654        imprisonment of:
1655        (a) except as provided in Subsection (4)(b), (4)(c), or (5), not less than 15 years and
1656  which may be for life;
1657        (b) except as provided in Subsection (4)(c) or (5), life without parole, if the trier of fact
1658  finds that during the course of the commission of the aggravated kidnapping the
1659  defendant caused serious bodily injury to the victim or another individual; or
1660        (c) life without parole, if the trier of fact finds that at the time of the commission of the
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1661  aggravated kidnapping, the defendant was previously convicted of a grievous sexual
1662  offense.
1663     (5) If, when imposing a sentence under Subsection (4)(a) or (b), a court finds that a lesser
1664  term than the term described in Subsection (4)(a) or (b) is in the interests of justice and
1665  states the reasons for this finding on the record, the court may impose a term of
1666  imprisonment of not less than:
1667  (a) for purposes of Subsection (4)(b), 15 years and which may be for life; or
1668  (b) for purposes of Subsection (4)(a) or (b):
1669  (i) 10 years and which may be for life; or
1670  (ii) six years and which may be for life.
1671     (6) The provisions of Subsection (5) do not apply when a defendant is sentenced under
1672  Subsection (4)(c).
1673     (7) Subsections (4)(b) and (c) do not apply if the actor was younger than 18 years old at the
1674  time of the offense.
1675     (8) Imprisonment under Subsection (4) is mandatory in accordance with Section 76-3-406.
1676  Section 21. Section 76-5b-201 is amended to read:
1677  76-5b-201 . Sexual exploitation of a minor -- Offenses.
1678     (1) Terms defined in Section 76-1-101.5 apply to this section.
1679     (2) An actor commits sexual exploitation of a minor when the actor knowingly possesses,
1680  views, accesses with the intent to view, or maintains access with the intent to view, child
1681  sexual abuse material.
1682     (3)(a) A violation of Subsection (2) is a second degree felony.
1683  (b) It is a separate offense under this section:
1684  (i) for each minor depicted in the child sexual abuse material; and
1685  (ii) for each time the same minor is depicted in different child sexual abuse material.
1686     (4) For a charge of violating this section, it is an affirmative defense that:
1687  (a) the defendant:
1688  (i) did not solicit the child sexual abuse material from the minor depicted in the child
1689  sexual abuse material;
1690  (ii) is not more than two years older than the minor depicted in the child sexual abuse
1691  material; and
1692  (iii) upon request of a law enforcement agent or the minor depicted in the child
1693  sexual abuse material, removes from an electronic device or destroys the child
1694  sexual abuse material and all copies of the child sexual abuse material in the
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1695  defendant's possession; and
1696        (b) the child sexual abuse material does not depict an offense under Chapter 5, Part 4,
1697  Sexual Offenses[, other than Section 76-5-417, 76-5-418, 76-5-419, or 76-5-420].
1698    (5) In proving a violation of this section in relation to an identifiable minor, proof of the
1699        actual identity of the identifiable minor is not required.
1700    (6) The following are not criminally or civilly liable under this section when acting in good
1701        faith compliance with Section 77-4-201:
1702        (a) an entity or an employee, director, officer, or agent of an entity when acting within
1703  the scope of employment, for the good faith performance of:
1704  (i) reporting or data preservation duties required under federal or state law; or
1705  (ii) implementing a policy of attempting to prevent the presence of child sexual abuse
1706  material on tangible or intangible property, or of detecting and reporting the
1707  presence of child sexual abuse material on the property;
1708        (b) a law enforcement officer, a civilian employee of a law enforcement agency, or an
1709  independent contractor who is contracted with a law enforcement agency, acting
1710  within the scope of a criminal investigation;
1711        (c) an employee of a court who may be required to view child sexual abuse material
1712  during the course of and within the scope of the employee's employment;
1713        (d) a juror who may be required to view child sexual abuse material during the course of
1714  the individual's service as a juror;
1715        (e) an attorney or employee of an attorney who is required to view child sexual abuse
1716  material during the course of a judicial process and while acting within the scope of
1717  employment;
1718        (f) an employee of the Department of Health and Human Services who is required to
1719  view child sexual abuse material within the scope of the employee's employment;
1720        (g) an employee, independent contractor, or designated interviewer of a Children's
1721  Justice Center, who is required to view child sexual abuse material within the scope
1722  of the employee's, independent contractor's, or designated interviewer's scope of
1723  employment or assignment; or
1724        (h) an attorney who is required to view child sexual abuse material within the scope of
1725  the attorney's responsibility to represent the Department of Health and Human
1726  Services, including the divisions and offices within the Department of Health and
1727  Human Services.
1728  Section 22. Section 76-7-101 is amended to read:
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1729  76-7-101 . Bigamy.
1730     (1) An individual is guilty of bigamy if:
1731  (a) the individual purports to marry another individual; and
1732  (b) knows or reasonably should know that one or both of the individuals described in
1733  Subsection (1)(a) are legally married to another individual.
1734     (2) An individual who violates Subsection (1) is guilty of an infraction.
1735     (3) An individual is guilty of a third degree felony if the individual induces bigamy:
1736  (a) under fraudulent or false pretenses; or
1737  (b) by threat or coercion.
1738     (4) An individual is guilty of a second degree felony if the individual:
1739  (a) cohabitates with another individual with whom the individual is engaged in bigamy
1740  as described in Subsection (1); and
1741  (b) in furtherance of the conduct described in Subsection (4)(a)[,] :
1742  (i) [ ]commits a felony [offense, or for Section 76-5-418, a misdemeanor offense, in ]
1743  violation of[ one or more of the following]:
1744  [(i)] (A) Section 76-5-109, child abuse;
1745  [(ii)] (B) Section 76-5-109.2, aggravated child abuse;
1746  [(iii)] (C) Section 76-5-109.3, child abandonment;
1747  [(iv)] (D) Section 76-5-109.4, child torture;
1748  [(v)] (E) Section 76-5-111, abuse of a vulnerable adult;
1749  [(vi)] (F) Section 76-5-111.2, aggravated abuse of a vulnerable adult;
1750  [(vii)] (G) Section 76-5-111.3, personal dignity exploitation of a vulnerable adult;
1751  [(viii)] (H) Section 76-5-111.4, financial exploitation of a vulnerable adult;
1752  [(ix)] (I) Chapter 5, Part 2, Criminal Homicide;
1753  [(x)] (J) Section 76-5-208, child abuse homicide;
1754  [(xi)] (K) Chapter 5, Part 3, Kidnapping, Trafficking, and Smuggling;
1755  [(xii)] (L) Chapter 5, Part 4, Sexual Offenses[, other than:] ;
1756  [(A) Section 76-5-417, enticing a minor;]
1757  [(B) Section 76-5-419, lewdness; or]
1758  [(C) Section 76-5-420, lewdness involving a child];
1759  [(xiii)] (M) Section 76-7-201, criminal nonsupport;
1760  [(xiv)] (N) Title 77, Chapter 36, Cohabitant Abuse Procedures Act; or
1761  [(xv)] (O) Title 78B, Chapter 7, Part 8, Criminal Protective Orders[.] ; or
1762  (ii) commits a misdemeanor violation of Section 76-5-418, sexual battery.
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1763    (5) It is a defense to prosecution under Subsection (2) that:
1764        (a) the individual ceased the practice of bigamy as described in Subsection (1) under
1765  reasonable fear of coercion or bodily harm;
1766        (b) the individual entered the practice of bigamy, as described in Subsection (1), as a
1767  minor and ceased the practice of bigamy at any time after the individual entered the
1768  practice of bigamy; or
1769        (c) law enforcement discovers that the individual practices bigamy, as described in
1770  Subsection (1), as a result of the individual's efforts to protect the safety and welfare
1771  of another individual.
1772  Section 23. Section 77-2-9 is amended to read:
1773  77-2-9 . Offenses ineligible for diversion.
1774    (1) A magistrate may not grant a diversion for:
1775        (a) a capital felony;
1776        (b) a felony in the first degree;
1777        (c) any case involving a sexual offense against a victim who is under 14 years old;
1778        (d) any motor vehicle related offense involving alcohol or drugs;
1779        (e) any case involving using a motor vehicle in the commission of a felony;
1780        (f) driving a motor vehicle or commercial motor vehicle on a revoked or suspended
1781  license;
1782        (g) any case involving operating a commercial motor vehicle in a negligent manner
1783  causing the death of another including the offenses of:
1784  (i) manslaughter under Section 76-5-205; or
1785  (ii) negligent homicide under Section 76-5-206; or
1786        (h) a crime of domestic violence as defined in Section 77-36-1.
1787    (2) When an individual is alleged to have committed any violation of Title 76, Chapter 5,
1788        Part 4, Sexual Offenses[, other than a violation of Section 76-5-417, 76-5-418, 76-5-419,
1789        or 76-5-420,] , while the individual is under 16 years old, the court may enter a diversion
1790        in the matter if the court enters on the record the court's findings that:
1791        (a) the offenses could have been adjudicated in juvenile court but for the delayed
1792  reporting or delayed filing of the information in the district court, unless the offenses
1793  are before the court in accordance with Section 80-6-502 or 80-6-504;
1794        (b) the individual did not use coercion or force;
1795        (c) there is no more than three years' difference between the ages of the participants; and
1796        (d) it would be in the best interest of the person to grant diversion.
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1797  Section 24. Section 77-7a-104 is amended to read:
1798  77-7a-104 . Activation and use of body-worn cameras.
1799     (1) As used in this section:
1800  (a) "Health care facility" means the same as that term is defined in Section 78B-3-403.
1801  (b) "Health care provider" means the same as that term is defined in Section 78B-3-403.
1802  (c) "Hospital" means the same as that term is defined in Section 78B-3-403.
1803  (d) "Human service program" means the same as that term is defined in Section
1804  26B-2-101.
1805     (2) Except as provided in Subsection (5), an officer using a body-worn camera:
1806  (a) shall verify that the equipment is properly functioning as is reasonably within the
1807  officer's ability;
1808  (b) shall report any malfunctioning equipment to the officer's supervisor if:
1809  (i) the body-worn camera issued to the officer is not functioning properly upon initial
1810  inspection; or
1811  (ii) the officer determines that the officer's body-worn camera is not functioning
1812  properly at any time while the officer is on duty;
1813  (c) shall wear the body-worn camera so that it is clearly visible to the individual being
1814  recorded;
1815  (d) shall activate the body-worn camera prior to any law enforcement encounter, or as
1816  soon as reasonably possible;
1817  (e) shall record in an uninterrupted manner until after the conclusion of a law
1818  enforcement encounter, except as an interruption of a recording is allowed under this
1819  section;
1820  (f) shall, when going on duty and off duty, record the officer's name, identification
1821  number, and the current time and date, unless the information is already available due
1822  to the functionality of the body-worn camera;
1823  (g) shall, if the body-worn camera was present during a law enforcement encounter,
1824  document the presence of the body-worn camera in any report or other official record
1825  of a contact;
1826  (h) except as provided in Subsection (2)(i), when the body-worn camera has been
1827  activated during the officer's direct participation in a law enforcement encounter,
1828  keep the body-worn camera activated until the officer's direct participation in the law
1829  enforcement encounter is complete;
1830  (i) may deactivate the body-worn camera:
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1831  (i) to consult with a supervisor or another officer;
1832  (ii) during a significant period of inactivity;
1833  (iii) during a conversation with a sensitive victim of crime, a witness of a crime, or an
1834  individual who wishes to report or discuss criminal activity if:
1835  (A) the individual who is the subject of the recording requests that the officer
1836  deactivate the officer's body-worn camera; and
1837  (B) the officer believes that the value of the information outweighs the value of
1838  the potential recording and records the request by the individual to deactivate
1839  the body-worn camera; or
1840  (iv) during a conversation with a victim of a domestic violence offense as defined in
1841  Section 77-36-1, or a sexual offense, as described in Title 76, Chapter 5, Part 4,
1842  Sexual Offenses,[ other than Section 76-5-417, 76-5-418, 76-5-419, or 76-5-420]
1843  if:
1844  (A) the officer is conducting an evidence-based lethality assessment;
1845  (B) the victim or the officer believes that deactivating the body-worn camera
1846  recording will encourage complete and accurate information sharing by the
1847  victim, or is necessary to protect the safety or identity of the victim; and
1848  (C) the officer's body-worn camera is reactivated as soon as reasonably possible
1849  after the evidence-based lethality assessment is complete;
1850        (j) shall, if the officer deactivates or fails to activate the body-worn camera in violation
1851  of this section, document in a written report the reason for deactivating or for failing
1852  to activate the body-worn camera; and
1853        (k) may not activate a body-worn camera in a hospital, health care facility, human
1854  service program, or the clinic of a health care provider, except during a law
1855  enforcement encounter, and with notice under Section 77-7a-105.
1856    (3) A violation of this section may not serve as the sole basis to dismiss a criminal case or
1857        charge.
1858    (4) This section does not preclude a law enforcement agency from establishing internal
1859        agency policies for an officer's failure to comply with the requirements of this section.
1860    (5) Subsections (2)(c), (d), (e), (g), (h), and (j) do not apply to an officer who:
1861        (a) is assigned to a narcotics unit or task force that is engaged primarily in narcotics
1862  investigations; or
1863        (b) is engaged in an undercover operation.
1864  Section 25. Section 77-22-2.5 is amended to read:
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1865  77-22-2.5 . Court orders for criminal investigations for records concerning an
1866     electronic communications system or service or remote computing service -- Content --
1867     Fee for providing information.
1868     (1) As used in this section:
1869  (a)(i) "Electronic communication" means any transfer of signs, signals, writing,
1870  images, sounds, data, or intelligence of any nature transmitted in whole or in part
1871  by a wire, radio, electromagnetic, photoelectronic, or photooptical system.
1872  (ii) "Electronic communication" does not include:
1873  (A) a wire or oral communication;
1874  (B) a communication made through a tone-only paging device;
1875  (C) a communication from a tracking device; or
1876  (D) electronic funds transfer information stored by a financial institution in a
1877  communications system used for the electronic storage and transfer of funds.
1878  (b) "Electronic communications service" means a service which provides for users the
1879  ability to send or receive wire or electronic communications.
1880  (c) "Electronic communications system" means a wire, radio, electromagnetic,
1881  photooptical, or photoelectronic facilities for the transmission of wire or electronic
1882  communications, and a computer facilities or related electronic equipment for the
1883  electronic storage of the communication.
1884  (d) "Internet service provider" means the same as that term is defined in Section
1885  76-5c-401.
1886  (e) "Prosecutor" means the same as that term is defined in Section 77-22-4.5.
1887  (f) "Remote computing service" means the provision to the public of computer storage
1888  or processing services by means of an electronic communications system.
1889  (g)[(i)] "Sexual offense against a minor" means:
1890  [(A)] (i) sexual exploitation of a minor or attempted sexual exploitation of a minor in
1891  violation of Section 76-5b-201;
1892  [(B)] (ii) aggravated sexual exploitation of a minor or attempted aggravated sexual
1893  exploitation of a minor in violation of Section 76-5b-201.1;
1894  [(C)] (iii) a sexual offense or attempted sexual offense committed against a minor in
1895  violation of Title 76, Chapter 5, Part 4, Sexual Offenses;
1896  [(D)] (iv) dealing in or attempting to deal in material harmful to a minor in violation
1897  of Section 76-5c-205 or 76-5c-206;
1898  [(E)] (v) human trafficking of a child in violation of Section 76-5-308.5; or
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1899  [(F)] (vi) aggravated sexual extortion of a child in violation of Section 76-5b-204.
1900  [(ii) "Sexual offense against a minor" does not include an offense described in
1901  Section 76-5-418, 76-5-419, or 76-5-420.]
1902    (2) When a law enforcement agency is investigating a sexual offense against a minor, an
1903        offense of stalking under Section 76-5-106.5, or an offense of child kidnapping under
1904        Section 76-5-301.1, and has reasonable suspicion that an electronic communications
1905        system or service or remote computing service has been used in the commission of a
1906        criminal offense, a law enforcement agent shall:
1907        (a) articulate specific facts showing reasonable grounds to believe that the records or
1908  other information sought, as designated in Subsections (2)(c)(i) through (v), are
1909  relevant and material to an ongoing investigation;
1910        (b) present the request to a prosecutor for review and authorization to proceed; and
1911        (c) submit the request to a magistrate for a court order, consistent with 18 U.S.C. Sec.
1912  2703 and 18 U.S.C. Sec. 2702, to the electronic communications system or service or
1913  remote computing service provider that owns or controls the Internet protocol
1914  address, websites, email address, or service to a specific telephone number, requiring
1915  the production of the following information, if available, upon providing in the court
1916  order the Internet protocol address, email address, telephone number, or other
1917  identifier, and the dates and times the address, telephone number, or other identifier
1918  is suspected of being used in the commission of the offense:
1919  (i) names of subscribers, service customers, and users;
1920  (ii) addresses of subscribers, service customers, and users;
1921  (iii) records of session times and durations;
1922  (iv) length of service, including the start date and types of service utilized; and
1923  (v) telephone or other instrument subscriber numbers or other subscriber identifiers,
1924  including a temporarily assigned network address.
1925    (3) A court order issued under this section shall state that the electronic communications
1926        system or service or remote computing service provider shall produce a record under
1927        Subsections (2)(c)(i) through (v) that is reasonably relevant to the investigation of the
1928        suspected criminal activity or offense as described in the court order.
1929    (4)(a) An electronic communications system or service or remote computing service
1930        provider that provides information in response to a court order issued under this
1931        section may charge a fee, not to exceed the actual cost, for providing the information.
1932        (b) The law enforcement agency conducting the investigation shall pay the fee.
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1933     (5) The electronic communications system or service or remote computing service provider
1934  served with or responding to the court order may not disclose the court order to the
1935  account holder identified pursuant to the court order for a period of 90 days.
1936     (6) If the electronic communications system or service or remote computing service
1937  provider served with the court order does not own or control the Internet protocol
1938  address, websites, or email address, or provide service for the telephone number that is
1939  the subject of the court order, the provider shall notify the investigating law enforcement
1940  agency that the provider does not have the information.
1941     (7) There is no cause of action against a provider or wire or electronic communication
1942  service, or the provider or service's officers, employees, agents, or other specified
1943  persons, for providing information, facilities, or assistance in accordance with the terms
1944  of the court order issued under this section or statutory authorization.
1945     (8)(a) A court order issued under this section is subject to the provisions of Title 77,
1946  Chapter 23b, Access to Electronic Communications.
1947  (b) Rights and remedies for providers and subscribers under Title 77, Chapter 23b,
1948  Access to Electronic Communications, apply to providers and subscribers subject to a
1949  court order issued under this section.
1950     (9) A prosecutorial agency shall annually on or before February 15 report to the
1951  Commission on Criminal and Juvenile Justice:
1952  (a) the number of requests for court orders authorized by the prosecutorial agency;
1953  (b) the number of orders issued by the court and the criminal offense, pursuant to
1954  Subsection (2), each order was used to investigate; and
1955  (c) if the court order led to criminal charges being filed, the type and number of offenses
1956  charged.
1957  Section 26. Section 77-36-1 is amended to read:
1958  77-36-1 . Definitions.
1959        As used in this chapter:
1960     (1) "Cohabitant" means the same as that term is defined in Section 78B-7-102.
1961     (2) "Department" means the Department of Public Safety.
1962     (3) "Divorced" means an individual who has obtained a divorce under Title 81, Chapter 4,
1963  Part 4, Divorce.
1964     (4)(a) "Domestic violence" or "domestic violence offense" means any criminal offense
1965  involving violence or physical harm or threat of violence or physical harm, or any
1966  attempt, conspiracy, or solicitation to commit a criminal offense involving violence
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1967        or physical harm, when committed by one cohabitant against another.
1968        (b) "Domestic violence" or "domestic violence offense" includes the commission of or
1969  attempt to commit, any of the following offenses by one cohabitant against another:
1970  (i) aggravated assault under Section 76-5-103;
1971  (ii) aggravated cruelty to an animal under Section 76-13-203, with the intent to harass
1972  or threaten the other cohabitant;
1973  (iii) assault under Section 76-5-102;
1974  (iv) criminal homicide under Section 76-5-201;
1975  (v) harassment under Section 76-5-106;
1976  (vi) electronic communication harassment under Sections 76-12-202, 76-12-203, and
1977  76-12-204;
1978  (vii) kidnapping, child kidnapping, or aggravated kidnapping under Sections 76-5-301,
1979  76-5-301.1, and 76-5-302;
1980  (viii) mayhem under Section 76-5-105;
1981  (ix) propelling a bodily substance or material, as described in Section 76-5-102.9;
1982  (x) sexual offenses under Title 76, Chapter 5, Part 4, Sexual Offenses, and sexual
1983  exploitation of a minor and aggravated sexual exploitation of a minor, as
1984  described in Sections 76-5b-201 and 76-5b-201.1;
1985  (xi) stalking under Section 76-5-106.5;
1986  (xii) unlawful detention and unlawful detention of a minor under Section 76-5-304;
1987  (xiii) violation of a protective order or ex parte protective order under Section
1988  76-5-108;
1989  (xiv) an offense against property under Title 76, Chapter 6, Part 1, Property
1990  Destruction, Title 76, Chapter 6, Part 2, Burglary and Criminal Trespass, or Title
1991  76, Chapter 6, Part 3, Robbery;
1992  (xv) disorderly conduct under Section 76-9-102, if a conviction or adjudication of
1993  disorderly conduct is the result of a plea agreement in which the perpetrator was
1994  originally charged with a domestic violence offense otherwise described in this
1995  Subsection (4), except that a conviction or adjudication of disorderly conduct as a
1996  domestic violence offense, in the manner described in this Subsection (4)(b)(xv),
1997  does not constitute a misdemeanor crime of domestic violence under 18 U.S.C.
1998  Sec. 921, and is exempt from the federal Firearms Act, 18 U.S.C. Sec. 921 et seq.;
1999  (xvi) child abuse under Section 76-5-114;
2000  (xvii) threatening violence under Section 76-5-107;
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2001  (xviii) tampering with a witness under Section 76-8-508;
2002  (xix) retaliation against a witness, victim, or informant under Section 76-8-508.3;
2003  (xx) receiving or soliciting a bribe as a witness under Section 76-8-508.7;
2004  (xxi) unlawful distribution of an intimate image under Section 76-5b-203;
2005  (xxii) unlawful distribution of a counterfeit intimate image under Section 76-5b-205;
2006  (xxiii) threatening with or using a dangerous weapon in a fight or quarrel under
2007  Section 76-11-207;
2008  (xxiv) possession of a dangerous weapon with criminal intent under Section
2009  76-11-208;
2010  (xxv) improper discharging of a dangerous weapon under Section 76-11-209;
2011  (xxvi) voyeurism under Section 76-12-306;
2012  (xxvii) recorded or photographed voyeurism under Section 76-12-307;
2013  (xxviii) distribution of images obtained through voyeurism under Section 76-12-308;
2014  (xxix) damage to or interruption of a communication device under Section 76-6-108;
2015  or
2016  (xxx) an offense under Subsection 78B-7-806(1).
2017  [(c) "Domestic violence" or "domestic violence offense" does not include:]
2018  [(i) enticing a minor under Section 76-5-417;]
2019  [(ii) lewdness under in Section 76-5-419; or]
2020  [(iii) lewdness involving a child under Section 76-5-420.]
2021     (5) "Jail release agreement" means the same as that term is defined in Section 78B-7-801.
2022     (6) "Jail release court order" means the same as that term is defined in Section 78B-7-801.
2023     (7) "Marital status" means married and living together, divorced, separated, or not married.
2024     (8) "Married and living together" means a couple whose marriage was solemnized under
2025  Section 81-2-305 or 81-2-407 and who are living in the same residence.
2026     (9) "Not married" means any living arrangement other than married and living together,
2027  divorced, or separated.
2028     (10) "Protective order" includes an order issued under Subsection 78B-7-804(3).
2029     (11) "Pretrial protective order" means a written order:
2030  (a) specifying and limiting the contact a person who has been charged with a domestic
2031  violence offense may have with an alleged victim or other specified individuals; and
2032  (b) specifying other conditions of release under Section 78B-7-802 or 78B-7-803,
2033  pending trial in the criminal case.
2034     (12) "Sentencing protective order" means a written order of the court as part of sentencing
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2035        in a domestic violence case that limits the contact an individual who is convicted or
2036        adjudicated of a domestic violence offense may have with a victim or other specified
2037        individuals under Section 78B-7-804.
2038    (13) "Separated" means a couple who have had their marriage solemnized under Section
2039        81-2-305 or 81-2-407 and who are not living in the same residence.
2040    (14) "Victim" means a cohabitant who has been subjected to domestic violence.
2041  Section 27. Section 77-37-2 is amended to read:
2042  77-37-2 . Definitions.
2043       As used in this chapter:
2044    (1) "Alleged sexual offender" means the same as that term is defined in Section 53-10-801.
2045    (2) "Child" means a person who is younger than 18 years old, unless otherwise specified in
2046        statute. The rights to information as extended in this chapter also apply to the parents,
2047        custodian, or legal guardians of children.
2048    (3) "Family member" means spouse, child, sibling, parent, grandparent, or legal guardian.
2049    (4) "HIV infection" means the same as that term is defined in Section 53-10-801.
2050    (5) "Sexual assault kit" means the same as that term is defined in Section 53-10-902.
2051    (6)(a) "Sexual offense" means any conduct described in:
2052  (i) Title 76, Chapter 5, Part 4, Sexual Offenses;
2053  (ii) Title 76, Chapter 5b, Sexual Exploitation Act; or
2054  (iii) Section 76-7-102, incest.
2055        (b) "Sexual offense" does not include conduct described in[:]
2056  [(i) Section 76-5-417, enticing a minor;]
2057  [(ii) Section 76-5-420, lewdness involving a child; or]
2058  [(iii)] Section 76-5b-206, failure to report child sexual abuse material by a computer
2059  technician.
2060    (7) "Victim" means an individual, including a minor, against whom an offense has been
2061        allegedly committed.
2062    (8) "Witness" means any person who has been subpoenaed or is expected to be summoned
2063        to testify for the prosecution or who by reason of having relevant information is subject
2064        to call or likely to be called as a witness for the prosecution, whether any action or
2065        proceeding has commenced.
2066  Section 28. Section 77-38-601 is amended to read:
2067  77-38-601 . Definitions.
2068       As used in this part:
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2069     (1) "Abuse" means any of the following:
2070  (a) "abuse" as that term is defined in Section 76-5-111 or 80-1-102; or
2071  (b) "child abuse" as that term is defined in Section 76-5-109.
2072     (2) "Actual address" means the residential street address of the program participant that is
2073  stated in a program participant's application for enrollment or on a notice of a change of
2074  address under Section 77-38-610.
2075     (3) "Assailant" means an individual who commits or threatens to commit abuse, human
2076  trafficking, domestic violence, stalking, or a sexual offense against an applicant for the
2077  program or a minor or incapacitated individual residing with an applicant for the
2078  program.
2079     (4) "Assigned address" means an address designated by the commission and assigned to a
2080  program participant.
2081     (5) "Authorization card" means a card issued by the commission that identifies a program
2082  participant as enrolled in the program with the program participant's assigned address
2083  and the date on which the program participant will no longer be enrolled in the program.
2084     (6) "Commission" means the State Commission on Criminal and Juvenile Justice created in
2085  Section 63M-7-201.
2086     (7) "Domestic violence" means the same as that term is defined in Section 77-36-1.
2087     (8) "Human trafficking" means a human trafficking offense under Section 76-5-308.
2088     (9) "Incapacitated individual" means an individual who is incapacitated, as defined in
2089  Section 75-1-201.
2090     (10)(a) "Mail" means first class letters or flats delivered by the United States Postal
2091  Service, including priority, express, and certified mail.
2092  (b) "Mail" does not include a package, parcel, periodical, or catalogue, unless the
2093  package, parcel, periodical, or catalogue is clearly identifiable as:
2094  (i) being sent by a federal, state, or local agency or another government entity; or
2095  (ii) a pharmaceutical or medical item.
2096     (11) "Minor" means an individual who is younger than 18 years old.
2097     (12) "Notification form" means a form issued by the commission that a program participant
2098  may send to a person demonstrating that the program participant is enrolled in the
2099  program.
2100     (13) "Program" means the Safe at Home Program created in Section 77-38-602.
2101     (14) "Program assistant" means an individual designated by the commission under Section
2102  77-38-604 to assist an applicant or program participant.
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2103    (15) "Program participant" means an individual who is enrolled under Section 77-38-606 by
2104        the commission to participate in the program.
2105    (16) "Record" means the same as that term is defined in Section 63G-2-103.
2106    (17)(a) "Sexual offense" means:
2107  (i) a sexual offense under Title 76, Chapter 5, Part 4, Sexual Offenses; or
2108  (ii) a sexual exploitation offense under Title 76, Chapter 5b, Part 2, Sexual
2109  Exploitation.
2110        (b) "Sexual offense" does not include an offense under:
2111  [(i) Section 76-5-417, enticing a minor;]
2112  [(ii) Section 76-5-418, sexual battery;]
2113  [(iii)] (i) Section 76-5-419, lewdness;
2114  [(iv)] (ii) Section 76-5-420, lewdness involving a child; or
2115  [(v)] (iii) Section 76-5b-206, failure to report child sexual abuse material by a
2116  computer technician.
2117    (18) "Stalking" means the same as that term is defined in Section 76-5-106.5.
2118    (19) "State or local government entity" means a county, municipality, higher education
2119        institution, special district, special service district, or any other political subdivision of
2120        the state or an administrative subunit of the executive, legislative, or judicial branch of
2121        this state, including:
2122        (a) a law enforcement entity or any other investigative entity, agency, department,
2123  division, bureau, board, or commission; or
2124        (b) an individual acting or purporting to act for or on behalf of a state or local entity,
2125  including an elected or appointed public official.
2126    (20) "Victim" means a victim of abuse, domestic violence, human trafficking, stalking, or a
2127        sexual [assault] offense.
2128  Section 29. Section 78B-7-502 is amended to read:
2129  78B-7-502 . Definitions.
2130       As used in this part:
2131    (1) "Ex parte sexual violence protective order" means an order issued without notice to the
2132        respondent under this part.
2133    (2) "Protective order" means:
2134        (a) a sexual violence protective order; or
2135        (b) an ex parte sexual violence protective order.
2136    (3)(a) "Sexual violence" means the commission or the attempt to commit:
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2137  (i) any sexual offense described in:
2138  (A) Title 76, Chapter 5, Part 4, Sexual Offenses; or
2139  (B) Title 76, Chapter 5b, Part 2, Sexual Exploitation;
2140  (ii) human trafficking for sexual exploitation under Section 76-5-308.1; or
2141  (iii) aggravated human trafficking for forced sexual exploitation under Section
2142  76-5-310.
2143  (b) "Sexual violence" does not include an offense described in:
2144  [(i) Section 76-5-417, enticing a minor;]
2145  [(ii) Section 76-5-418, sexual battery;]
2146  [(iii)] (i) Section 76-5-419, lewdness;
2147  [(iv)] (ii) Section 76-5-420, lewdness involving a child; or
2148  [(v)] (iii) Section 76-5b-206, failure to report child sexual abuse material by a
2149  computer technician.
2150     (4) "Sexual violence protective order" means an order issued under this part after a hearing
2151  on the petition, of which the petitioner and respondent have been given notice.
2152  Section 30. Section 78B-7-801 is amended to read:
2153  78B-7-801 . Definitions.
2154        As used in this part:
2155     (1)(a) "Jail release agreement" means a written agreement that is entered into by an
2156  individual who is arrested or issued a citation, regardless of whether the individual is
2157  booked into jail:
2158  (i) under which the arrested or cited individual agrees to not engage in any of the
2159  following:
2160  (A) telephoning, contacting, or otherwise communicating with the alleged victim,
2161  directly or indirectly;
2162  (B) threatening or harassing the alleged victim; or
2163  (C) knowingly entering onto the premises of the alleged victim's residence or on
2164  premises temporarily occupied by the alleged victim, unless, after a law
2165  enforcement officer or the law enforcement officer's employing agency notifies
2166  or attempts to notify the alleged victim, the individual enters the premises
2167  while accompanied by a law enforcement officer for the purpose of retrieving
2168  the individual's personal belongings; and
2169  (ii) that specifies other conditions of release from jail or arrest.
2170  (b) "Jail release agreement" includes a written agreement that includes the conditions
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2171  described in Section (1)(a) entered into by a minor who is taken into custody or
2172  placed in detention or a shelter facility under Section 80-6-201.
2173    (2) "Jail release court order" means a written court order that:
2174        (a) orders an arrested or cited individual not to engage in any of the following:
2175  (i) telephoning, contacting, or otherwise communicating with the alleged victim,
2176  directly or indirectly;
2177  (ii) threatening or harassing the alleged victim; or
2178  (iii) knowingly entering onto the premises of the alleged victim's residence or on
2179  premises temporarily occupied by the alleged victim, unless, after a law
2180  enforcement officer or the law enforcement officer's employing agency notifies or
2181  attempts to notify the alleged victim, the individual enters the premises while
2182  accompanied by a law enforcement officer for the purpose of retrieving the
2183  individual's personal belongings; and
2184        (b) specifies other conditions of release from jail.
2185    (3) "Minor" means the same as that term is defined in Section 80-1-102.
2186    (4) "Offense against a child or vulnerable adult" means the commission or attempted
2187        commission of an offense described in:
2188        (a) Section 76-5-109, child abuse;
2189        (b) Section 76-5-109.2, aggravated child abuse;
2190        (c) Section 76-5-109.3, child abandonment;
2191        (d) Section 76-5-109.4, child torture;
2192        (e) Section 76-5-110, abuse or neglect of a child with a disability;
2193        (f) Section 76-5-111, abuse of a vulnerable adult;
2194        (g) Section 76-5-111.2, aggravated abuse of a vulnerable adult;
2195        (h) Section 76-5-111.3, personal dignity exploitation of a vulnerable adult;
2196        (i) Section 76-5-111.4, financial exploitation of a vulnerable adult;
2197        (j) Section 76-5-114, commission of domestic violence in the presence of a child; or
2198        (k) Section 76-5-418, sexual battery.
2199    (5)(a) "Qualifying offense" means:
2200  (i) domestic violence;
2201  (ii) an offense against a child or vulnerable adult; or
2202  (iii) the commission or attempted commission of an offense described in [Section
2203  76-5-418, sexual battery, or ]Title 76, Chapter 5, Part 4, Sexual Offenses.
2204        (b) "Qualifying offense" does not include an offense described in:
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2205  [(i) Section 76-5-417, enticing a minor;]
2206  [(ii)] (i) Section 76-5-419, lewdness; or
2207  [(iii)] (ii) Section 76-5-420, lewdness involving a child.
2208  Section 31. Section 80-1-102 is amended to read:
2209  80-1-102 . Juvenile Code definitions.
2210        Except as provided in Section 80-6-1103, as used in this title:
2211     (1)(a) "Abuse" means:
2212  (i)(A) nonaccidental harm of a child;
2213  (B) threatened harm of a child;
2214  (C) sexual exploitation;
2215  (D) sexual abuse; or
2216  (E) human trafficking of a child in violation of Section 76-5-308.5; or
2217  (ii) that a child's parent:
2218  (A) intentionally, knowingly, or recklessly causes the death of another parent of
2219  the child;
2220  (B) is identified by a law enforcement agency as the primary suspect in an
2221  investigation for intentionally, knowingly, or recklessly causing the death of
2222  another parent of the child; or
2223  (C) is being prosecuted for or has been convicted of intentionally, knowingly, or
2224  recklessly causing the death of another parent of the child.
2225  (b) "Abuse" does not include:
2226  (i) reasonable discipline or management of a child, including withholding privileges;
2227  (ii) conduct described in Section 76-2-401; or
2228  (iii) the use of reasonable and necessary physical restraint or force on a child:
2229  (A) in self-defense;
2230  (B) in defense of others;
2231  (C) to protect the child; or
2232  (D) to remove a weapon in the possession of a child for any of the reasons
2233  described in Subsections (1)(b)(iii)(A) through (C).
2234     (2) "Abused child" means a child who has been subjected to abuse.
2235     (3)(a) "Adjudication" means, except as provided in Subsection (3)(b):
2236  (i) for a delinquency petition or criminal information under Chapter 6, Juvenile
2237  Justice:
2238  (A) a finding by the juvenile court that the facts alleged in a delinquency petition
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2239  or criminal information alleging that a minor committed an offense have been
2240  proved;
2241  (B) an admission by a minor in the juvenile court as described in Section 80-6-306;
2242  or
2243  (C) a plea of no contest by minor in the juvenile court; or
2244  (ii) for all other proceedings under this title, a finding by the juvenile court that the
2245  facts alleged in the petition have been proved.
2246        (b) "Adjudication" does not include:
2247  (i) an admission by a minor described in Section 80-6-306 until the juvenile court
2248  enters the minor's admission; or
2249  (ii) a finding of not competent to proceed in accordance with Section 80-6-402.
2250    (4)(a) "Adult" means an individual who is 18 years old or older.
2251        (b) "Adult" does not include an individual:
2252  (i) who is 18 years old or older; and
2253  (ii) who is a minor.
2254    (5) "Attorney guardian ad litem" means the same as that term is defined in Section
2255        78A-2-801.
2256    (6) "Board" means the Board of Juvenile Court Judges.
2257    (7) "Child" means, except as provided in Section 80-2-905, an individual who is under 18
2258        years old.
2259    (8) "Child and family plan" means a written agreement between a child's parents or
2260        guardian and the Division of Child and Family Services as described in Section 80-3-307.
2261    (9) "Child placing" means the same as that term is defined in Section 26B-2-101.
2262    (10) "Child-placing agency" means the same as that term is defined in Section 26B-2-101.
2263    (11) "Child protection team" means a team consisting of:
2264        (a) the child welfare caseworker assigned to the case;
2265        (b) if applicable, the child welfare caseworker who made the decision to remove the
2266  child;
2267        (c) a representative of the school or school district where the child attends school;
2268        (d) if applicable, the law enforcement officer who removed the child from the home;
2269        (e) a representative of the appropriate Children's Justice Center, if one is established
2270  within the county where the child resides;
2271        (f) if appropriate, and known to the division, a therapist or counselor who is familiar
2272  with the child's circumstances;
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2273  (g) if appropriate, a representative of law enforcement selected by the chief of police or
2274  sheriff in the city or county where the child resides; and
2275  (h) any other individuals determined appropriate and necessary by the team coordinator
2276  and chair.
2277     (12)(a) "Chronic abuse" means repeated or patterned abuse.
2278  (b) "Chronic abuse" does not mean an isolated incident of abuse.
2279     (13)(a) "Chronic neglect" means repeated or patterned neglect.
2280  (b) "Chronic neglect" does not mean an isolated incident of neglect.
2281     (14) "Clandestine laboratory operation" means the same as that term is defined in Section
2282  58-37d-3.
2283     (15) "Commit" or "committed" means, unless specified otherwise:
2284  (a) with respect to a child, to transfer legal custody; and
2285  (b) with respect to a minor who is at least 18 years old, to transfer custody.
2286     (16) "Community-based program" means a nonsecure residential or nonresidential program,
2287  designated to supervise and rehabilitate juvenile offenders, that prioritizes the least
2288  restrictive setting, consistent with public safety, and operated by or under contract with
2289  the Division of Juvenile Justice and Youth Services.
2290     (17) "Community placement" means placement of a minor in a community-based program
2291  described in Section 80-5-402.
2292     (18) "Correctional facility" means:
2293  (a) a county jail; or
2294  (b) a secure correctional facility as defined in Section 64-13-1.
2295     (19) "Criminogenic risk factors" means evidence-based factors that are associated with a
2296  minor's likelihood of reoffending.
2297     (20) "Department" means the Department of Health and Human Services created in Section
2298  26B-1-201.
2299     (21) "Dependent child" or "dependency" means a child who is without proper care through
2300  no fault of the child's parent, guardian, or custodian.
2301     (22) "Deprivation of custody" means transfer of legal custody by the juvenile court from a
2302  parent or a previous custodian to another person, agency, or institution.
2303     (23) "Detention" means home detention or secure detention.
2304     (24) "Detention facility" means a facility, established by the Division of Juvenile Justice
2305  and Youth Services in accordance with Section 80-5-501, for minors held in detention.
2306     (25) "Detention risk assessment tool" means an evidence-based tool established under
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2307        Section 80-5-203 that:
2308        (a) assesses a minor's risk of failing to appear in court or reoffending before
2309  adjudication; and
2310        (b) is designed to assist in making a determination of whether a minor shall be held in
2311  detention.
2312    (26) "Developmental immaturity" means incomplete development in one or more domains
2313        that manifests as a functional limitation in the minor's present ability to:
2314        (a) consult with counsel with a reasonable degree of rational understanding; and
2315        (b) have a rational as well as factual understanding of the proceedings.
2316    (27) "Disposition" means an order by a juvenile court, after the adjudication of a minor,
2317        under Section 80-3-405 or 80-4-305 or Chapter 6, Part 7, Adjudication and Disposition.
2318    (28) "Educational neglect" means that, after receiving a notice of compulsory education
2319        violation under Section 53G-6-202, the parent or guardian fails to make a good faith
2320        effort to ensure that the child receives an appropriate education.
2321    (29) "Educational series" means an evidence-based instructional series:
2322        (a) obtained at a substance abuse program that is approved by the Division of Integrated
2323  Healthcare in accordance with Section 26B-5-104; and
2324        (b) designed to prevent substance use or the onset of a mental health disorder.
2325    (30) "Emancipated" means the same as that term is defined in Section 80-7-102.
2326    (31) "Evidence-based" means a program or practice that has had multiple randomized
2327        control studies or a meta-analysis demonstrating that the program or practice is effective
2328        for a specific population or has been rated as effective by a standardized program
2329        evaluation tool.
2330    (32) "Forensic evaluator" means the same as that term is defined in Section 77-15-2.
2331    (33) "Formal probation" means a minor is:
2332        (a) supervised in the community by, and reports to, a juvenile probation officer or an
2333  agency designated by the juvenile court; and
2334        (b) subject to return to the juvenile court in accordance with Section 80-6-607.
2335    (34) "Gender identity" means the same as that term is defined in Section 34A-5-102.
2336    (35) "Group rehabilitation therapy" means psychological and social counseling of one or
2337        more individuals in the group, depending upon the recommendation of the therapist.
2338    (36) "Guardian" means a person appointed by a court to make decisions regarding a minor,
2339        including the authority to consent to:
2340        (a) marriage;
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2341  (b) enlistment in the armed forces;
2342  (c) major medical, surgical, or psychiatric treatment; or
2343  (d) legal custody, if legal custody is not vested in another individual, agency, or
2344  institution.
2345     (37) "Guardian ad litem" means the same as that term is defined in Section 78A-2-801.
2346     (38) "Harm" means:
2347  (a) physical or developmental injury or damage;
2348  (b) emotional damage that results in a serious impairment in the child's growth,
2349  development, behavior, or psychological functioning;
2350  (c) sexual abuse; or
2351  (d) sexual exploitation.
2352     (39) "Home detention" means placement of a minor:
2353  (a) if prior to a disposition, in the minor's home, or in a surrogate home with the consent
2354  of the minor's parent, guardian, or custodian, under terms and conditions established
2355  by the Division of Juvenile Justice and Youth Services or the juvenile court; or
2356  (b) if after a disposition, and in accordance with Section 78A-6-353 or 80-6-704, in the
2357  minor's home, or in a surrogate home with the consent of the minor's parent,
2358  guardian, or custodian, under terms and conditions established by the Division of
2359  Juvenile Justice and Youth Services or the juvenile court.
2360     (40)(a) "Incest" means engaging in sexual intercourse with an individual whom the
2361  perpetrator knows to be the perpetrator's ancestor, descendant, brother, sister, uncle,
2362  aunt, nephew, niece, or first cousin.
2363  (b) "Incest" includes:
2364  (i) blood relationships of the whole or half blood, regardless of whether the
2365  relationship is legally recognized;
2366  (ii) relationships of parent and child by adoption; and
2367  (iii) relationships of stepparent and stepchild while the marriage creating the
2368  relationship of a stepparent and stepchild exists.
2369     (41) "Indian child" means the same as that term is defined in 25 U.S.C. Sec. 1903.
2370     (42) "Indian tribe" means the same as that term is defined in 25 U.S.C. Sec. 1903.
2371     (43) "Indigent defense service provider" means the same as that term is defined in Section
2372  78B-22-102.
2373     (44) "Indigent defense services" means the same as that term is defined in Section
2374  78B-22-102.
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2375    (45) "Indigent individual" means the same as that term is defined in Section 78B-22-102.
2376    (46)(a) "Intake probation" means a minor is:
2377  (i) monitored by a juvenile probation officer; and
2378  (ii) subject to return to the juvenile court in accordance with Section 80-6-607.
2379        (b) "Intake probation" does not include formal probation.
2380    (47) "Intellectual disability" means a significant subaverage general intellectual functioning
2381        existing concurrently with deficits in adaptive behavior that constitutes a substantial
2382        limitation to the individual's ability to function in society.
2383    (48) "Juvenile offender" means:
2384        (a) a serious youth offender; or
2385        (b) a youth offender.
2386    (49) "Juvenile probation officer" means a probation officer appointed under Section
2387        78A-6-205.
2388    (50) "Juvenile receiving center" means a nonsecure, nonresidential program established by
2389        the Division of Juvenile Justice and Youth Services, or under contract with the Division
2390        of Juvenile Justice and Youth Services, that is responsible for minors taken into
2391        temporary custody under Section 80-6-201.
2392    (51) "Legal custody" means a relationship embodying:
2393        (a) the right to physical custody of the minor;
2394        (b) the right and duty to protect, train, and discipline the minor;
2395        (c) the duty to provide the minor with food, clothing, shelter, education, and ordinary
2396  medical care;
2397        (d) the right to determine where and with whom the minor shall live; and
2398        (e) the right, in an emergency, to authorize surgery or other extraordinary care.
2399    (52) "Licensing Information System" means the Licensing Information System maintained
2400        by the Division of Child and Family Services under Section 80-2-1002.
2401    (53) "Management Information System" means the Management Information System
2402        developed by the Division of Child and Family Services under Section 80-2-1001.
2403    (54) "Mental illness" means:
2404        (a) a psychiatric disorder that substantially impairs an individual's mental, emotional,
2405  behavioral, or related functioning; or
2406        (b) the same as that term is defined in:
2407  (i) the current edition of the Diagnostic and Statistical Manual of Mental Disorders
2408  published by the American Psychiatric Association; or
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2409  (ii) the current edition of the International Statistical Classification of Diseases and
2410  Related Health Problems.
2411     (55) "Minor" means, except as provided in Sections 80-6-501, 80-6-901, and 80-7-102:
2412  (a) a child; or
2413  (b) an individual:
2414  (i)(A) who is at least 18 years old and younger than 21 years old; and
2415  (B) for whom the Division of Child and Family Services has been specifically
2416  ordered by the juvenile court to provide services because the individual was an
2417  abused, neglected, or dependent child or because the individual was
2418  adjudicated for an offense;
2419  (ii)(A) who is at least 18 years old and younger than 25 years old; and
2420  (B) whose case is under the jurisdiction of the juvenile court in accordance with
2421  Subsection 78A-6-103(1)(b); or
2422  (iii)(A) who is at least 18 years old and younger than 21 years old; and
2423  (B) whose case is under the jurisdiction of the juvenile court in accordance with
2424  Subsection 78A-6-103(1)(c).
2425     (56) "Mobile crisis outreach team" means the same as that term is defined in Section
2426  26B-5-101.
2427     (57) "Molestation" means that an individual, with the intent to arouse or gratify the sexual
2428  desire of any individual, touches the anus, buttocks, pubic area, or genitalia of any child,
2429  or the breast of a female child, or takes indecent liberties with a child as defined in
2430  Section 76-5-401.1.
2431     (58)(a) "Neglect" means action or inaction causing:
2432  (i) abandonment of a child, except as provided in Chapter 4, Part 5, Safe
2433  Relinquishment of a Newborn Child;
2434  (ii) lack of proper parental care of a child by reason of the fault or habits of the
2435  parent, guardian, or custodian;
2436  (iii) failure or refusal of a parent, guardian, or custodian to provide proper or
2437  necessary subsistence or medical care, or any other care necessary for the child's
2438  health, safety, morals, or well-being;
2439  (iv) a child to be at risk of being neglected or abused because another child in the
2440  same home is neglected or abused;
2441  (v) abandonment of a child through an unregulated child custody transfer under
2442  Section 81-14-203; or
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2443  (vi) educational neglect.
2444        (b) "Neglect" does not include:
2445  (i) a parent or guardian legitimately practicing religious beliefs and who, for that
2446  reason, does not provide specified medical treatment for a child;
2447  (ii) a health care decision made for a child by the child's parent or guardian, unless
2448  the state or other party to a proceeding shows, by clear and convincing evidence,
2449  that the health care decision is not reasonable and informed;
2450  (iii) a parent or guardian exercising the right described in Section 80-3-304; or
2451  (iv) permitting a child, whose basic needs are met and who is of sufficient age and
2452  maturity to avoid harm or unreasonable risk of harm, to engage in independent
2453  activities, including:
2454  (A) traveling to and from school, including by walking, running, or bicycling;
2455  (B) traveling to and from nearby commercial or recreational facilities;
2456  (C) engaging in outdoor play;
2457  (D) remaining in a vehicle unattended, except under the conditions described in
2458  Subsection 76-5-115(2);
2459  (E) remaining at home unattended; or
2460  (F) engaging in a similar independent activity.
2461    (59) "Neglected child" means a child who has been subjected to neglect.
2462    (60) "Nonjudicial adjustment" means closure of the case by the assigned juvenile probation
2463        officer, without an adjudication of the minor's case under Section 80-6-701, upon the
2464        consent in writing of:
2465        (a) the assigned juvenile probation officer; and
2466        (b)(i) the minor; or
2467  (ii) the minor and the minor's parent, guardian, or custodian.
2468    (61) "Not competent to proceed" means that a minor, due to a mental illness, intellectual
2469        disability or related condition, or developmental immaturity, lacks the ability to:
2470        (a) understand the nature of the proceedings against the minor or of the potential
2471  disposition for the offense charged; or
2472        (b) consult with counsel and participate in the proceedings against the minor with a
2473  reasonable degree of rational understanding.
2474    (62)(a) "Parent" means, except as provided in Section 80-3-302, an individual with a
2475        parent-child relationship to a minor under Section 81-5-201.
2476        (b) "Parent" includes the minor's noncustodial parent as defined in Section 81-1-101.
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2477     (63) "Parole" means a conditional release of a juvenile offender from residency in secure
2478  care to live outside of secure care under the supervision of the Division of Juvenile
2479  Justice and Youth Services, or another person designated by the Division of Juvenile
2480  Justice and Youth Services.
2481     (64) "Physical abuse" means abuse that results in physical injury or damage to a child.
2482     (65)(a) "Probation" means a legal status created by court order, following an
2483  adjudication under Section 80-6-701, whereby the minor is permitted to remain in the
2484  minor's home under prescribed conditions.
2485  (b) "Probation" includes intake probation or formal probation.
2486     (66) "Prosecuting attorney" means:
2487  (a) the attorney general and any assistant attorney general;
2488  (b) any district attorney or deputy district attorney;
2489  (c) any county attorney or assistant county attorney; and
2490  (d) any other attorney authorized to commence an action on behalf of the state.
2491     (67) "Protective custody" means the shelter of a child by the Division of Child and Family
2492  Services from the time the child is removed from the home until the earlier of:
2493  (a) the day on which the shelter hearing is held under Section 80-3-301; or
2494  (b) the day on which the child is returned home.
2495     (68) "Protective services" means expedited services that are provided:
2496  (a) in response to evidence of neglect, abuse, or dependency of a child;
2497  (b) to a cohabitant who is neglecting or abusing a child, in order to:
2498  (i) help the cohabitant develop recognition of the cohabitant's duty of care and of the
2499  causes of neglect or abuse; and
2500  (ii) strengthen the cohabitant's ability to provide safe and acceptable care; and
2501  (c) in cases where the child's welfare is endangered:
2502  (i) to bring the situation to the attention of the appropriate juvenile court and law
2503  enforcement agency;
2504  (ii) to cause a protective order to be issued for the protection of the child, when
2505  appropriate; and
2506  (iii) to protect the child from the circumstances that endanger the child's welfare
2507  including, when appropriate:
2508  (A) removal from the child's home;
2509  (B) placement in substitute care; and
2510  (C) petitioning the court for termination of parental rights.
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2511    (69) "Protective supervision" means a legal status created by court order, following an
2512        adjudication on the ground of abuse, neglect, or dependency, whereby:
2513        (a) the minor is permitted to remain in the minor's home; and
2514        (b) supervision and assistance to correct the abuse, neglect, or dependency is provided
2515  by an agency designated by the juvenile court.
2516    (70)(a) "Related condition" means a condition that:
2517  (i) is found to be closely related to intellectual disability;
2518  (ii) results in impairment of general intellectual functioning or adaptive behavior
2519  similar to that of an intellectually disabled individual;
2520  (iii) is likely to continue indefinitely; and
2521  (iv) constitutes a substantial limitation to the individual's ability to function in society.
2522        (b) "Related condition" does not include mental illness, psychiatric impairment, or
2523  serious emotional or behavioral disturbance.
2524    (71)(a) "Residual parental rights and duties" means the rights and duties remaining with
2525        a parent after legal custody or guardianship, or both, have been vested in another
2526        person or agency, including:
2527  (i) the responsibility for support;
2528  (ii) the right to consent to adoption;
2529  (iii) the right to determine the child's religious affiliation; and
2530  (iv) the right to reasonable parent-time unless restricted by the court.
2531        (b) If no guardian has been appointed, "residual parental rights and duties" includes the
2532  right to consent to:
2533  (i) marriage;
2534  (ii) enlistment; and
2535  (iii) major medical, surgical, or psychiatric treatment.
2536    (72) "Runaway" means a child, other than an emancipated child, who willfully leaves the
2537        home of the child's parent or guardian, or the lawfully prescribed residence of the child,
2538        without permission.
2539    (73) "Secure care" means placement of a minor, who is committed to the Division of
2540        Juvenile Justice and Youth Services for rehabilitation, in a facility operated by, or under
2541        contract with, the Division of Juvenile Justice and Youth Services, that provides 24-hour
2542        supervision and confinement of the minor.
2543    (74) "Secure care facility" means a facility, established in accordance with Section 80-5-503,
2544        for juvenile offenders in secure care.
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2545     (75) "Secure detention" means temporary care of a minor who requires secure custody in a
2546  physically restricting facility operated by, or under contract with, the Division of
2547  Juvenile Justice and Youth Services:
2548  (a) before disposition of an offense that is alleged to have been committed by the minor;
2549  or
2550  (b) under Section 80-6-704.
2551     (76) "Serious youth offender" means an individual who:
2552  (a) is at least 14 years old, but under 25 years old;
2553  (b) committed a felony listed in Subsection 80-6-503(1) and the continuing jurisdiction
2554  of the juvenile court was extended over the individual's case until the individual was
2555  25 years old in accordance with Section 80-6-605; and
2556  (c) is committed by the juvenile court to the Division of Juvenile Justice and Youth
2557  Services for secure care under Sections 80-6-703 and 80-6-705.
2558     (77) "Severe abuse" means abuse that causes or threatens to cause serious harm to a child.
2559     (78) "Severe neglect" means neglect that causes or threatens to cause serious harm to a
2560  child.
2561     (79)(a) "Severe type of child abuse or neglect" means, except as provided in Subsection
2562  (79)(b):
2563  (i) if committed by an individual who is 18 years old or older:
2564  (A) chronic abuse;
2565  (B) severe abuse;
2566  (C) sexual abuse;
2567  (D) sexual exploitation;
2568  (E) abandonment;
2569  (F) chronic neglect; or
2570  (G) severe neglect; or
2571  (ii) if committed by an individual who is under 18 years old:
2572  (A) causing serious injury, as defined in Subsection 76-5-109(1), to another child
2573  that indicates a significant risk to other children; or
2574  (B) sexual behavior with or upon another child that indicates a significant risk to
2575  other children.
2576  (b) "Severe type of child abuse or neglect" does not include:
2577  (i) the use of reasonable and necessary physical restraint by an educator in
2578  accordance with Section 53G-8-301 or Section 76-2-401;
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2579  (ii) an individual's conduct that is justified under Section 76-2-401 or constitutes the
2580  use of reasonable and necessary physical restraint or force in self-defense or
2581  otherwise appropriate to the circumstances to obtain possession of a weapon or
2582  other dangerous object in the possession or under the control of a child or to
2583  protect the child or another individual from physical injury; or
2584  (iii) a health care decision made for a child by a child's parent or guardian, unless,
2585  subject to Subsection (79)(c), the state or other party to the proceeding shows, by
2586  clear and convincing evidence, that the health care decision is not reasonable and
2587  informed.
2588        (c) Subsection (79)(b)(iii) does not prohibit a parent or guardian from exercising the
2589  right to obtain a second health care opinion.
2590    (80)(a) "Sexual abuse" means:
2591  (i) an act or attempted act of sexual intercourse, sodomy, incest, or molestation by an
2592  adult directed towards a child;
2593  (ii) an act or attempted act of sexual intercourse, sodomy, incest, or molestation
2594  committed by a child towards another child if:
2595  (A) there is an indication of force or coercion;
2596  (B) the children are related, as described in Subsection (40), including siblings by
2597  marriage while the marriage exists or by adoption; or
2598  (C) the act or attempted act constitutes unlawful sexual activity as described in
2599  Section 76-5-401.3.
2600  (iii) engaging in any conduct with a child that would constitute an offense under any
2601  of the following, regardless of whether the individual who engages in the conduct
2602  is actually charged with, or convicted of, the offense:
2603  (A) Title 76, Chapter 5, Part 4, Sexual Offenses;
2604  (B) child bigamy, Section 76-7-101.5;
2605  (C) incest, Section 76-7-102;
2606  (D) voyeurism, Section 76-12-306;
2607  (E) recorded or photographed voyeurism, Section 76-12-307; or
2608  (F) distribution of images obtained through voyeurism, Section 76-12-308; or
2609  (iv) subjecting a child to participate in or threatening to subject a child to participate
2610  in a sexual relationship, regardless of whether that sexual relationship is part of a
2611  legal or cultural marriage.
2612        (b) "Sexual abuse" does not include engaging in any conduct with a child that would
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2613  constitute an offense described in[:]
2614  [(i)] Section 76-5-401, unlawful sexual activity with a minor, if the alleged
2615  perpetrator of the offense is a minor[; or] .
2616  [(ii) Section 76-5-417, enticing a minor.]
2617     (81) "Sexual exploitation" means knowingly:
2618  (a) employing, using, persuading, inducing, enticing, or coercing any child to:
2619  (i) pose in the nude for the purpose of sexual arousal of any individual; or
2620  (ii) engage in any sexual or simulated sexual conduct for the purpose of
2621  photographing, filming, recording, or displaying in any way the sexual or
2622  simulated sexual conduct;
2623  (b) displaying, distributing, possessing for the purpose of distribution, or selling material
2624  depicting a child:
2625  (i) in the nude, for the purpose of sexual arousal of any individual; or
2626  (ii) engaging in sexual or simulated sexual conduct; or
2627  (c) engaging in any conduct that would constitute an offense under Section 76-5b-201,
2628  sexual exploitation of a minor, or Section 76-5b-201.1, aggravated sexual
2629  exploitation of a minor, regardless of whether the individual who engages in the
2630  conduct is actually charged with, or convicted of, the offense.
2631     (82) "Shelter" means the temporary care of a child in a physically unrestricted facility
2632  pending a disposition or transfer to another jurisdiction.
2633     (83) "Shelter facility" means a nonsecure facility that provides shelter for a minor.
2634     (84) "Significant risk" means a risk of harm that is determined to be significant in
2635  accordance with risk assessment tools and rules established by the Division of Child and
2636  Family Services in accordance with Title 63G, Chapter 3, Utah Administrative
2637  Rulemaking Act, that focus on:
2638  (a) age;
2639  (b) social factors;
2640  (c) emotional factors;
2641  (d) sexual factors;
2642  (e) intellectual factors;
2643  (f) family risk factors; and
2644  (g) other related considerations.
2645     (85) "Single criminal episode" means the same as that term is defined in Section 76-1-401.
2646     (86) "Status offense" means an offense that would not be an offense but for the age of the
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2647        offender.
2648    (87) "Substance abuse" means, except as provided in Section 80-2-603, the misuse or
2649        excessive use of alcohol or other drugs or substances.
2650    (88) "Substantiated" or "substantiation" means a judicial finding based on a preponderance
2651        of the evidence, and separate consideration of each allegation made or identified in the
2652        case, that abuse, neglect, or dependency occurred.
2653    (89) "Substitute care" means:
2654        (a) the placement of a minor in a family home, group care facility, or other placement
2655  outside the minor's own home, either at the request of a parent or other responsible
2656  relative, or upon court order, when it is determined that continuation of care in the
2657  minor's own home would be contrary to the minor's welfare;
2658        (b) services provided for a minor in the protective custody of the Division of Child and
2659  Family Services, or a minor in the temporary custody or custody of the Division of
2660  Child and Family Services, as those terms are defined in Section 80-2-102; or
2661        (c) the licensing and supervision of a substitute care facility.
2662    (90) "Supported" means a finding by the Division of Child and Family Services based on
2663        the evidence available at the completion of an investigation, and separate consideration
2664        of each allegation made or identified during the investigation, that there is a reasonable
2665        basis to conclude that abuse, neglect, or dependency occurred.
2666    (91) "Termination of parental rights" means the permanent elimination of all parental rights
2667        and duties, including residual parental rights and duties, by court order.
2668    (92) "Therapist" means:
2669        (a) an individual employed by a state division or agency for the purpose of conducting
2670  psychological treatment and counseling of a minor in the division's or agency's
2671  custody; or
2672        (b) any other individual licensed or approved by the state for the purpose of conducting
2673  psychological treatment and counseling.
2674    (93) "Threatened harm" means actions, inactions, or credible verbal threats, indicating that
2675        the child is at an unreasonable risk of harm or neglect.
2676    (94) "Torture" means:
2677        (a) the infliction of a serious injury upon a child in an exceptionally cruel or
2678  exceptionally depraved manner that causes the child to experience extreme physical
2679  or psychological pain or anguish; or
2680        (b) the infliction of a serious injury, or more than one serious injury, upon a child as part
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2681  of a course of conduct or over a prolonged period of time.
2682     (95) "Ungovernable" means a child in conflict with a parent or guardian, and the conflict:
2683  (a) results in behavior that is beyond the control or ability of the child, or the parent or
2684  guardian, to manage effectively;
2685  (b) poses a threat to the safety or well-being of the child, the child's family, or others; or
2686  (c) results in the situations described in Subsections (95)(a) and (b).
2687     (96) "Unsubstantiated" means a judicial finding that there is insufficient evidence to
2688  conclude that abuse, neglect, or dependency occurred.
2689     (97) "Unsupported" means a finding by the Division of Child and Family Services at the
2690  completion of an investigation, after the day on which the Division of Child and Family
2691  Services concludes the alleged abuse, neglect, or dependency is not without merit, that
2692  there is insufficient evidence to conclude that abuse, neglect, or dependency occurred.
2693     (98) "Validated risk and needs assessment" means an evidence-based tool that assesses a
2694  minor's risk of reoffending and a minor's criminogenic needs.
2695     (99) "Without merit" means a finding at the completion of an investigation by the Division
2696  of Child and Family Services, or a judicial finding, that the alleged abuse, neglect, or
2697  dependency did not occur, or that the alleged perpetrator was not responsible for the
2698  abuse, neglect, or dependency.
2699     (100) "Youth offender" means an individual who is:
2700  (a) at least 12 years old, but under 21 years old; and
2701  (b) committed by the juvenile court to the Division of Juvenile Justice and Youth
2702  Services for secure care under Sections 80-6-703 and 80-6-705.
2703  Section 32. Section 80-6-304 is amended to read:
2704  80-6-304 . Nonjudicial adjustments. -- Requirement to seek legal counsel before
2705     declination.
2706     (1) For a nonjudicial adjustment, the juvenile probation officer may require a minor to:
2707  (a) pay a financial penalty of no more than $250 to the juvenile court, subject to the
2708  terms established under Subsection (5);
2709  (b) pay restitution to any victim;
2710  (c) complete community or compensatory service;
2711  (d) attend counseling or treatment with an appropriate provider;
2712  (e) attend substance abuse treatment or counseling;
2713  (f) comply with specified restrictions on activities or associations;
2714  (g) attend victim-offender mediation if requested by the victim; and
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2715        (h) comply with any other reasonable action that is in the interest of the minor, the
2716  community, or the victim.
2717    (2)(a) Within seven days of receiving a referral that appears to be eligible for a
2718        nonjudicial adjustment in accordance with Section 80-6-303.5, the juvenile probation
2719        officer shall provide an initial notice to reasonably identifiable and locatable victims
2720        of the offense contained in the referral.
2721        (b) The victim shall be responsible to provide to the juvenile probation officer upon
2722  request:
2723  (i) invoices, bills, receipts, and any other evidence of injury, loss of earnings, and
2724  out-of-pocket loss;
2725  (ii) documentation and evidence of compensation or reimbursement from an
2726  insurance company or an agency of the state, any other state, or the federal
2727  government received as a direct result of the crime for injury, loss of earnings, or
2728  out-of-pocket loss; and
2729  (iii) proof of identification, including home and work address and telephone numbers.
2730        (c) The inability, failure, or refusal of the victim to provide all or part of the requested
2731  information shall result in the juvenile probation officer determining restitution based
2732  on the best information available.
2733    (3) The juvenile probation officer may not predicate acceptance of an offer of a nonjudicial
2734        adjustment on an admission of guilt.
2735    (4)(a) A minor may not decline to enter into a nonjudicial adjustment without first being
2736        advised of their right to consult with counsel, subject to the requirements of this
2737        section.
2738        (b) If a minor seeks to decline a nonjudicial adjustment, the juvenile probation officer
2739  shall inform the minor of:
2740  (i) the minor's right to consult with counsel; and
2741  (ii) the availability of resources for the minor to receive legal advice provided by the
2742  Office of Indigent Defense Services created in Section 78B-22-451.
2743        (c) If a minor seeks to decline a nonjudicial adjustment, and also declines to seek the
2744  advice of counsel after being informed as required under Subsection (4)(b), the
2745  juvenile probation officer shall:
2746  (i) sign an acknowledgment that the juvenile probation officer provided the minor
2747  with the information required by Subsection (4)(b);
2748  (ii) have the minor sign an acknowledgment that the minor received the information
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2749  required by Subsection (4)(b) and knowingly and voluntarily declined to seek the
2750  advice of counsel; and
2751  (iii) permit the minor to decline the nonjudicial adjustment.
2752  (d) No provision of this section affects a court's obligation to ensure a minor's right to
2753  counsel in the event a petition is filed.
2754     (5)(a) The juvenile probation officer may not deny a minor an offer of a nonjudicial
2755  adjustment due to a minor's inability to pay a financial penalty under Subsection (1).
2756  (b) The juvenile probation officer shall base a fee, fine, or the restitution for a
2757  nonjudicial adjustment under Subsection (1) upon the ability of the minor's family to
2758  pay as determined by a statewide sliding scale developed in accordance with Section
2759  63M-7-208.
2760     (6)(a) A nonjudicial adjustment may not extend for more than 90 days, unless a juvenile
2761  court judge extends the nonjudicial adjustment for an additional 90 days.
2762  (b) A juvenile court judge may extend a nonjudicial adjustment beyond the 180 days
2763  permitted under Subsection (6)(a):
2764  (i) for a minor who is:
2765  (A) offered a nonjudicial adjustment for a sexual offense under Title 76, Chapter
2766  5, Part 4, Sexual Offenses, that the minor committed before the minor was 12
2767  years old[, other than an offense under Section 76-5-417, 76-5-418, 76-5-419,
2768  or 76-5-420]; or
2769  (B) referred to a prosecuting attorney for a sexual offense under Title 76, Chapter
2770  5, Part 4, Sexual Offenses, that the minor committed before the minor was 12
2771  years old[, other than an offense under Section 76-5-417, 76-5-418, 76-5-419,
2772  or 76-5-420]; and
2773  (ii) the judge determines that:
2774  (A) the nonjudicial adjustment requires specific treatment for the sexual offense;
2775  (B) the treatment cannot be completed within 180 days after the day on which the
2776  minor entered into the nonjudicial adjustment; and
2777  (C) the treatment is necessary based on a clinical assessment that is
2778  developmentally appropriate for the minor.
2779  (c) If a juvenile court judge extends a minor's nonjudicial adjustment under Subsection
2780  (6)(b), the judge may extend the nonjudicial adjustment until the minor completes the
2781  specific treatment, but the judge may only grant each extension for 90 days at a time.
2782     (7) If a minor violates Section 76-9-1106, the minor may be required to pay a fine or
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2783        penalty and participate in a court-approved tobacco education program with a
2784        participation fee.
2785  Section 33. Section 81-9-202 is amended to read:
2786  81-9-202 . Advisory guidelines for a custody and parent-time arrangement.
2787    (1) In addition to the parent-time schedules provided in Sections 81-9-302 and 81-9-304,
2788        the following advisory guidelines are suggested to govern a custody and parent-time
2789        arrangement between parents.
2790    (2) A parent-time schedule mutually agreed upon by both parents is preferable to a
2791        court-imposed solution.
2792    (3) A parent-time schedule shall be used to maximize the continuity and stability of the
2793        minor child's life.
2794    (4) Each parent shall give special consideration to make the minor child available to attend
2795        family functions including funerals, weddings, family reunions, religious holidays,
2796        important ceremonies, and other significant events in the life of the minor child or in the
2797        life of either parent which may inadvertently conflict with the parent-time schedule.
2798    (5)(a) The court shall determine the responsibility for the pick up, delivery, and return of
2799        the minor child when the parent-time order is entered.
2800        (b) The court may change the responsibility described in Subsection (5)(a) at any time a
2801  subsequent modification is made to the parent-time order.
2802        (c) If the noncustodial parent will be providing transportation, the custodial parent shall:
2803  (i) have the minor child ready for parent-time at the time the minor child is to be
2804  picked up; and
2805  (ii) be present at the custodial home or make reasonable alternate arrangements to
2806  receive the minor child at the time the minor child is returned.
2807        (d) If the custodial parent will be transporting the minor child, the noncustodial parent
2808  shall:
2809  (i) be at the appointed place at the time the noncustodial parent is to receive the
2810  minor child; and
2811  (ii) have the minor child ready to be picked up at the appointed time and place or
2812  have made reasonable alternate arrangements for the custodial parent to pick up
2813  the minor child.
2814    (6) A parent may not interrupt regular school hours for a school-age minor child for the
2815        exercise of parent-time.
2816    (7) The court may:
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2817  (a) make alterations in the parent-time schedule to reasonably accommodate the work
2818  schedule of both parents; and
2819  (b) increase the parent-time allowed to the noncustodial parent but may not diminish the
2820  standardized parent-time provided in Sections 81-9-302 and 81-9-304.
2821     (8) The court may make alterations in the parent-time schedule to reasonably accommodate
2822  the distance between the parties and the expense of exercising parent-time.
2823     (9) A parent may not withhold parent-time or child support due to the other parent's failure
2824  to comply with a court-ordered parent-time schedule.
2825     (10)(a) The custodial parent shall notify the noncustodial parent within 24 hours of
2826  receiving notice of all significant school, social, sports, and community functions in
2827  which the minor child is participating or being honored.
2828  (b) The noncustodial parent is entitled to attend and participate fully in the functions
2829  described in Subsection (10)(a).
2830  (c) The noncustodial parent shall have access directly to all school reports including
2831  preschool and daycare reports and medical records.
2832  (d) A parent shall immediately notify the other parent in the event of a medical
2833  emergency.
2834     (11) Each parent shall provide the other with the parent's current address and telephone
2835  number, email address, and other virtual parent-time access information within 24 hours
2836  of any change.
2837     (12)(a) Each parent shall permit and encourage, during reasonable hours, reasonable and
2838  uncensored communications with the minor child, in the form of mail privileges and
2839  virtual parent-time if the equipment is reasonably available.
2840  (b) If the parents cannot agree on whether the equipment is reasonably available, the
2841  court shall decide whether the equipment for virtual parent-time is reasonably
2842  available by taking into consideration:
2843  (i) the best interests of the minor child;
2844  (ii) each parent's ability to handle any additional expenses for virtual parent-time; and
2845  (iii) any other factors the court considers material.
2846     (13)(a) Parental care is presumed to be better care for the minor child than surrogate care.
2847  (b) The court shall encourage the parties to cooperate in allowing the noncustodial
2848  parent, if willing and able to transport the minor child, to provide the child care.
2849  (c) Child care arrangements existing during the marriage are preferred as are child care
2850  arrangements with nominal or no charge.
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2851    (14) Each parent shall:
2852        (a) provide all surrogate care providers with the name, current address, and telephone
2853  number of the other parent; and
2854        (b) provide the noncustodial parent with the name, current address, and telephone
2855  number of all surrogate care providers unless the court for good cause orders
2856  otherwise.
2857    (15)(a) Each parent is entitled to an equal division of major religious holidays celebrated
2858        by the parents.
2859        (b) The parent who celebrates a religious holiday that the other parent does not celebrate
2860  shall have the right to be together with the minor child on the religious holiday.
2861    (16) If the minor child is on a different parent-time schedule than a sibling, based on
2862        Sections 81-9-302 and 81-9-304, the parents should consider if an upward deviation for
2863        parent-time with all the minor children so that parent-time is uniform between school
2864        aged and nonschool aged children, is appropriate.
2865    (17)(a) When one or both parents are servicemembers or contemplating joining a
2866        uniformed service, the parents should resolve issues of custodial responsibility in the
2867        event of deployment as soon as practicable through reaching a voluntary agreement
2868        pursuant to Section 81-10-201 or through court order obtained pursuant to this part.
2869        (b) Service members shall ensure their family care plan reflects orders and agreements
2870  entered and filed pursuant to Chapter 10, Uniform Deployed Parents Custody,
2871  Parent-time, and Visitation Act.
2872    (18) A parent shall immediately notify the other parent if:
2873        (a) the parent resides with an individual or provides an individual with access to the
2874  minor child; and
2875        (b) the parent knows that the individual:
2876  (i) is required to register as a sex offender, a kidnap offender, or a child abuse
2877  offender for an offense committed against a minor child under Title 53, Chapter 29,
2878  Sex, Kidnap, and Child Abuse Offender Registry; or
2879  (ii) has been convicted of:
2880  (A) a child abuse offense under Section 76-5-109, 76-5-109.2, 76-5-109.3,
2881  76-5-109.4, 76-5-114, or 76-5-208;
2882  (B) a sexual offense against a minor child under Title 76, Chapter 5, Part 4, Sexual
2883  Offenses[, other than an offense under Section 76-5-417, 76-5-418, or 76-5-419];
2884  (C) an offense for kidnapping or human trafficking of a minor child under Title
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2885  76, Chapter 5, Part 3, Kidnapping, Trafficking, and Smuggling;
2886  (D) a sexual exploitation offense against a minor child under Title 76, Chapter 5b,
2887  Sexual Exploitation Act; or
2888  (E) an offense that is substantially similar to an offense under Subsections
2889  (18)(b)(ii)(A) through (D).
2890     (19)(a) For emergency purposes, whenever the minor child travels with a parent, the
2891  parent shall provide the following information to the other parent:
2892  (i) an itinerary of travel dates;
2893  (ii) destinations;
2894  (iii) places where the minor child or traveling parent can be reached; and
2895  (iv) the name and telephone number of an available third person who would be
2896  knowledgeable of the minor child's location.
2897  (b) Unchaperoned travel of a minor child under the age of five years is not
2898  recommended.
2899  Section 34. Section 81-9-208 is amended to read:
2900  81-9-208 . Modification or termination of a custody or parent-time order --
2901     Noncompliance with a parent-time order.
2902     (1) The court has continuing jurisdiction to make subsequent changes to modify:
2903  (a) custody of a minor child if there is a showing of a substantial and material change in
2904  circumstances since the entry of the order; and
2905  (b) parent-time for a minor child if there is a showing that there is a change in
2906  circumstances since the entry of the order.
2907     (2) A substantial and material change in circumstances under Subsection (1)(a) includes a
2908  showing by a parent that the other parent:
2909  (a) resides with an individual or provides an individual with access to the minor child;
2910  and
2911  (b) knows that the individual:
2912  (i) is required to register as a sex offender, a kidnap offender, or a child abuse
2913  offender for an offense committed against a minor child under Title 53, Chapter 29,
2914  Sex, Kidnap, and Child Abuse Offender Registry; or
2915  (ii) has been convicted of:
2916  (A) a child abuse offense under Section 76-5-109, 76-5-109.2, 76-5-109.3,
2917  76-5-109.4, 76-5-114, or 76-5-208;
2918  (B) a sexual offense against a minor child under Title 76, Chapter 5, Part 4, Sexual
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2919  Offenses[, other than an offense under Section 76-5-417, 76-5-418, or 76-5-419];
2920  (C) an offense for kidnapping or human trafficking of a minor child under Title
2921  76, Chapter 5, Part 3, Kidnapping, Trafficking, and Smuggling;
2922  (D) a sexual exploitation offense against a minor child under Title 76, Chapter 5b,
2923  Sexual Exploitation Act; or
2924  (E) an offense that is substantially similar to an offense under Subsections
2925  (2)(b)(ii)(A) through (D).
2926    (3) On the petition of one or both of the parents, or the joint legal or physical custodians if
2927        they are not the parents, the court may, after a hearing, modify or terminate an order that
2928        established joint legal custody or joint physical custody if:
2929        (a) the verified petition or accompanying affidavit initially alleges that admissible
2930  evidence will show that there has been a substantial and material change in the
2931  circumstances of the minor child or one or both parents or joint legal or physical
2932  custodians since the entry of the order to be modified;
2933        (b) a modification of the terms and conditions of the order would be an improvement for
2934  and in the best interest of the minor child; and
2935        (c)(i) both parents have complied in good faith with the dispute resolution procedure
2936  in accordance with Subsection 81-9-205(8); or
2937  (ii) if no dispute resolution procedure is contained in the order that established joint
2938  legal custody or joint physical custody, the court orders the parents to participate
2939  in a dispute resolution procedure in accordance with Subsection 81-9-205(13)
2940  unless the parents certify that, in good faith, they have used a dispute resolution
2941  procedure to resolve their dispute.
2942    (4)(a) In determining whether the best interest of a minor child will be served by either
2943        modifying or terminating the joint legal custody or joint physical custody order, the
2944        court shall, in addition to other factors the court considers relevant, consider the
2945        factors described in Sections 81-9-204 and 81-9-205.
2946        (b) A court order modifying or terminating an existing joint legal custody or joint
2947  physical custody order shall contain written findings that:
2948  (i) a substantial and material change of circumstance has occurred; and
2949  (ii) a modification of the terms and conditions of the order would be an improvement
2950  for and in the best interest of the minor child.
2951        (c) The court shall give substantial weight to the existing joint legal custody or joint
2952  physical custody order when the minor child is thriving, happy, and well-adjusted.
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2953     (5) The court shall, in every case regarding a petition for termination of a joint legal
2954  custody or joint physical custody order, consider reasonable alternatives to preserve the
2955  existing order in accordance with Section 81-9-204.
2956     (6) The court may modify the terms and conditions of the existing order in accordance with
2957  this chapter and may order the parents to file a parenting plan in accordance with
2958  Section 81-9-203.
2959     (7) A parent requesting a modification from sole custody to joint legal custody or joint
2960  physical custody or both, or any other type of shared parenting arrangement, shall file
2961  and serve a proposed parenting plan with the petition to modify in accordance with
2962  Section 81-9-203.
2963     (8) If an issue before the court involves custodial responsibility in the event of deployment
2964  of one or both parents who are service members, and the service member has not yet
2965  been notified of deployment, the court shall resolve the issue based on the standards in
2966  Sections 81-10-306 through 81-10-309.
2967     (9) If the court finds that an action to modify custody or parent-time is filed or answered
2968  frivolously and, in a manner, designed to harass the other party, the court shall assess
2969  attorney fees as costs against the offending party.
2970     (10) If a petition to modify custody or parent-time provisions of a court order is made and
2971  denied, the court shall order the petitioner to pay the reasonable attorney fees expended
2972  by the prevailing party in that action if the court determines that the petition was without
2973  merit and not asserted or defended against in good faith.
2974     (11) If a motion or petition alleges noncompliance with a parent-time order by a parent, or a
2975  visitation order by a grandparent or other member of the immediate family where a
2976  visitation or parent-time right has been previously granted by the court, the court:
2977  (a) may award to the prevailing party:
2978  (i) actual attorney fees incurred;
2979  (ii) the costs incurred by the prevailing party because of the other party's failure to
2980  provide or exercise court-ordered visitation or parent-time, including:
2981  (A) court costs;
2982  (B) child care expenses;
2983  (C) transportation expenses actually incurred;
2984  (D) lost wages, if ascertainable; or
2985  (E) counseling for a parent or a minor child if ordered or approved by the court; or
2986  (iii) any other appropriate equitable remedy; and
  - 88 -
 Enrolled Copy  H.B. 90
2987        (b) shall award reasonable make-up parent-time to the prevailing party, unless make-up
2988  parent-time is not in the best interest of the minor child.
2989  Section 35. Effective Date.
2990    This bill takes effect on January 1, 2027.
  - 89 -

Sexual Offenses Amendments

Sponsors

Rep. Matthew Gwynn (R) sponsors HB 90, and 1 member has co-sponsored it.

Committees

HB 90 went before 3 committees: Rules, Law Enforcement and Criminal Justice and Judiciary, Law Enforcement, and Criminal Justice.

Rules
Rules
Referred to · Jan 20, 2026
Law Enforcement and Criminal Justice
Law Enforcement and Criminal Justice
Referred to · Jan 27, 2026
Judiciary, Law Enforcement, and Criminal Justice
Judiciary, Law Enforcement, and Criminal Justice
Referred to · Feb 20, 2026

History

HB 90 has taken 55 actions since Dec 23, 2025, the latest on Mar 26, 2026.

ChamberAction
Mar 26, 2026
—
Governor Signed in Lieutenant Governor's office for filing
Mar 16, 2026
House
House/ received enrolled bill from Printing in Clerk of the House
Mar 16, 2026
—
House/ to Governor in Executive Branch - Governor
Mar 12, 2026
House
Enrolled Bill Returned to House or Senate in Clerk of the House
Mar 12, 2026
House
House/ enrolled bill to Printing in Clerk of the House

Votes

HB 90 went to 6 roll calls across both chambers, the latest on Mar 6, 2026 at 27–0.

ChamberQuestion
Yea
Nay
Mar 6, 2026
Senate
Senate/ passed 2nd & 3rd readings/ suspension
27
0
Mar 6, 2026
House
House/ concurs with Senate amendment
60
1
Feb 27, 2026
Senate
Senate Comm - Substitute Recommendation
5
0
Feb 27, 2026
Senate
Senate Comm - Favorable Recommendation
5
0
Feb 6, 2026
House
House/ passed 3rd reading
67
0

Source: le.utah.gov · legiscan.com