SB 81: Care Provider Abuse Modifications - Utah

Amended 1/24/2025 09:01:247 → Substitute #1 · 3 edits

MINOR

This bill text shows formatting and layout changes rather than substantive policy modifications. The content of the law regarding care provider sexual relations with vulnerable adults remains the same, with identical definitions, criminal penalties, and exemptions. The changes are primarily related to document formatting, page numbering, and header information in the legislative markup.

Scope change

No substantive change to the bill's scope or applicability; the legal provisions remain identical

TECHNICAL

Document formatting changes including page number placement, header information, and line breaks in the legislative text

Header information changed from timestamp format to '1st Sub. (Green) S.B. 81' with date/time stamp

Line numbering and spacing adjustments throughout the document for legislative markup purposes

Amended Excerpts 1/24/2025 09:01:247 → Amended 1/24/2025 09:01:247 · 4 edits

MODERATE

This bill introduces new criminal provisions prohibiting sexual misconduct between care providers and vulnerable adults in Utah. It establishes specific definitions for care settings and vulnerable populations, creating a new offense for care providers who have sexual relations with vulnerable adults under their care.

Scope change

The bill expands criminal liability to include care providers in various health care settings who engage in sexual misconduct with vulnerable adults, previously not explicitly covered under this specific statute.

DEFINITION

New definitions for health care facilities, health care providers, and vulnerable adults to clarify who is protected and who is covered by the law.

ENFORCEMENT

New criminal offense making it illegal for care providers to have sexual relations with vulnerable adults under their care.

SCOPE

Coverage extended to multiple care settings including assisted living facilities, nursing homes, home health agencies, and other health care facilities.

ELIGIBILITY

Vulnerable adult definition now includes individuals 18 or older with impairments affecting their ability to protect themselves, manage resources, or perform daily activities.

Introduced → Amended Excerpts 1/24/2025 09:01:247 · 2 edits

MINOR

The bill was amended to modify the definition of 'vulnerable adult' by adding 'or' after 'manage the adult's own resources' and removing the final provision about comprehending abuse situations. This change clarifies the list of impairments that qualify someone as vulnerable under the sexual misconduct law.

Scope change

The scope of who qualifies as a 'vulnerable adult' under this law was slightly adjusted by modifying the list of impairments that must substantially affect an individual's ability.

DEFINITION

Added 'or' after 'manage the adult's own resources' in the definition of vulnerable adult, changing the grammatical structure of the list of impairments.

Removed the final item in the vulnerable adult definition that required the individual to comprehend the nature and consequences of remaining in a situation of abuse, neglect, or exploitation.

Substitute #2 → Substitute #3 · 3 edits

MINOR

This bill revision adds a new definition for 'indecent liberties' and modifies the circumstances under which touching constitutes a crime by requiring specific intent to arouse or gratify sexual desire. The change narrows the scope of what actions are criminalized under the indecent liberties provision while maintaining the core prohibition against sexual misconduct between care providers and vulnerable individuals.

Scope change

The bill's scope was narrowed regarding the 'indecent liberties' provision by adding an intent requirement, meaning touching alone without sexual intent may no longer be criminalized under that specific subsection.

DEFINITION

Added a new definition for 'indecent liberties' referencing Section 76-5-401.1, which was not present in the previous version.

REQUIREMENT

Modified Subsection (2)(b)(ii) to require that touching must be done 'with the intent to arouse or gratify the sexual desire of any individual' to constitute a violation, adding a mental state requirement that was absent in the original text.

TECHNICAL

Changed formatting from standard legislative markup to a substitute bill format with page numbers and timestamps, though the substantive policy content remains the focus of the changes.

Substitute #1 → Substitute #2 · 4 edits

MODERATE

This bill was amended to change the terminology from 'vulnerable adult' to 'individual experiencing a vulnerability' and to remove 'comprehend the nature and consequences of remaining in a situation of abuse, neglect, or exploitation' from the list of abilities that must be substantially affected. The amendment also added 'permanent or temporary' to describe the impairment, broadening the scope of who is protected under this law.

Scope change

The bill's scope was broadened by changing the definition of who qualifies as a protected individual, now including those with temporary impairments in addition to permanent ones.

DEFINITION

Changed the term 'vulnerable adult' to 'individual experiencing a vulnerability' throughout the bill.

Removed the requirement that the impairment must substantially affect the ability to 'comprehend the nature and consequences of remaining in a situation of abuse, neglect, or exploitation'.

Added 'permanent or temporary' to describe the type of impairment that qualifies an individual for protection.

Removed item (F) from the list of abilities affected by the impairment, which related to understanding abuse situations.

Care Provider Abuse Modifications

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