SB 41: Sex, Kidnap, and Child Abuse Offender Registry Amendments - Utah

Introduced → Substitute #1 · 7 edits

MODERATE

The Substitute #1 makes several substantive changes to the recodified Sex, Kidnap, and Child Abuse Offender Registry provisions. Most significantly, it restructures how repeat lewdness/sexual battery convictions and attempts of serious sexual offenses are classified for registration purposes, removing lifetime registration for some repeat offenders while adding a new 'following offense' lifetime category. It also removes all '(Effective 05/07/25)' date notations from section headings throughout the bill.

REQUIREMENT

Registration period for lewdness and sexual battery convictions changed: previously 'four to seven convictions' triggered 10-year registration while 'five or more' triggered lifetime registration (creating an overlap). Now 'four or more convictions' triggers only 10-year registration, eliminating lifetime registration for these repeat offenses.

New 10-year registration category added for attempts, solicitations, or conspiracies to commit specific serious sexual offenses including aggravated kidnapping, human trafficking for sexual exploitation, forcible sodomy, sexual abuse of a child, sexual exploitation of a minor, and aggravated sexual extortion. Previously these attempts would have fallen under the lifetime registration category.

New 'following offense' lifetime registration category: if an offender has a prior registrable conviction and then commits (or attempts/solicits/conspires to commit) child kidnapping, rape, rape of a child, object rape, object rape of a child, sodomy on a child, aggravated sexual abuse of a child, or aggravated sexual assault, the registration period is lifetime.

ELIGIBILITY

Ten-year petition for removal from registry now explicitly includes eligibility for offenders whose registrable offense was an attempt, solicitation, or conspiracy to commit a felony violation of child kidnapping, rape, rape of a child, object rape, object rape of a child, sodomy on a child, aggravated sexual abuse of a child, or aggravated sexual assault.

TECHNICAL

Cross-reference in Section 53-29-202(4) corrected from 'Subsection 53-29-101(2)(a)' to 'Subsection 53-29-101(4)(a)', properly pointing to the definition of 'Convicted' rather than 'Certificate of eligibility.'

Minor wording change in Section 53-29-207(6)(b)(i): court standard changed from 'met the requirements described in the certificate of eligibility' to 'met the requirements for issuance of a certificate of eligibility.'

TIMELINE

All '(Effective 05/07/25)' effective date notations removed from every section heading and from the Utah Code Sections Affected list, meaning the bill will rely on standard statutory effective date rules rather than a specified May 7, 2025 date.

Substitute #3 → Enrolled · 4 edits · Mar 26, 2025

MODERATE

This bill recodifies Utah's Sex, Kidnap, and Child Abuse Offender Registry statutes, moving them from Title 77 to Title 53 to align with recent criminal code restructuring. It updates cross-references in related laws regarding driver background checks, online dating services, and child care licensing to reflect the new statutory locations. The changes are primarily technical and organizational, ensuring consistency across the state codebase.

Scope change

The bill's substantive scope regarding registry requirements remains unchanged; however, the legal citations for all registry sections have been updated to reflect their new location in Title 53, Chapter 29.

TECHNICAL

Recodified the Sex, Kidnap, and Child Abuse Offender Registry statutes from Title 77 to Title 53 to coordinate with the Criminal Code Recodification.

Updated cross-references in unrelated bills (driver requirements, dating services, background checks) to point to the new Title 53 location for the registry.

Removed coordination clauses referencing S.B. 24, as that bill is no longer part of the final enrolled version.

Deleted a specific subsection regarding juvenile registration timelines that was present in the substitute version but omitted in the final bill.

Substitute #2 → Substitute #3 · 4 edits

MODERATE

This bill recodifies the Sex, Kidnap, and Child Abuse Offender Registry statutes from Title 77 to Title 53, aligning them with the broader Criminal Code Recodification efforts. It adds S.B. 24 as a coordination clause partner, updates affected Utah Code sections to reflect the new numbering, and repeals the old Title 77 registry sections. The substantive registration requirements, timelines, and eligibility criteria remain unchanged.

Scope change

The bill's scope is technically unchanged in terms of who must register or what offenses trigger registration, but the statutory citations have been updated to reflect the new Title 53 location of the registry provisions.

TECHNICAL

Recodified the Sex, Kidnap, and Child Abuse Offender Registry provisions from Title 77 to Title 53 to align with the Criminal Code Recodification.

Added S.B. 24 (Child Abuse and Torture Amendments) as a coordination clause partner alongside H.B. 21.

Repealed the old Title 77 registry sections (77-41-102 through 77-41-114) that are now obsolete.

Updated all Utah Code section citations in the bill text to reflect the new Title 53 numbering for registry provisions.

Substitute #1 → Substitute #2 · 5 edits

MODERATE

This bill recodifies the Sex, Kidnap, and Child Abuse Offender Registry statutes from Title 77 to Title 53 to align with recent criminal code changes. It updates cross-references to new offense codes, adjusts registration requirements for various offenses, and modifies petition timelines for offender removal from the registry. The changes ensure consistency with other legislative updates and clarify eligibility criteria for offenders seeking removal from the registry.

Scope change

The bill shifts the registry statutes from Title 77 to Title 53 and updates references to align with the recodified criminal code, affecting how offenses are categorized and how offenders register.

TECHNICAL

Recodified registry statutes from Title 77 to Title 53 to match recent criminal code restructuring.

Added coordination clause to align technical changes with H.B. 21 Criminal Code Recodification.

DEFINITION

Updated offense references to reflect new statutory numbers in the recodified criminal code.

REQUIREMENT

Adjusted registration requirements and petition timelines for offenders seeking removal from the registry.

ENFORCEMENT

Modified cross-references to ensure consistency between registry requirements and updated criminal offense definitions.

Sex, Kidnap, and Child Abuse Offender Registry Amendments

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