Violent Crime Clearance Rate Amendments

19
63J-1-602.1
63M-7-215.1
0
Violent Crime Clearance Rate Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Tyler Clancy
Senate Sponsor: Michael K. McKell
LONG TITLE
General Description:
This bill creates a grant program to assist a law enforcement agency in solving violent
crimes.
Highlighted Provisions:
This bill:
defines terms;
creates the Violent Crime Clearance Rate Fund, which:
includes legislative appropriations, contributions from private sources, and any interest
earned on the fund;
is administered by the State Commission on Criminal and Juvenile Justice; and
is nonlapsing;
directs the State Commission on Criminal and Juvenile Justice to award grants from the
Violent Crime Clearance Rate Fund to law enforcement agencies to assist with efforts in
solving violent crimes;
describes how the State Commission on Criminal and Juvenile Justice shall allocate
funds; and
requires a law enforcement agency that receives a grant from the Violent Crime Clearance
Rate Fund to use the money for purposes related to solving violent crimes.
Money Appropriated in this Bill:
This bill appropriates
$250,000
in operating and capital budgets for fiscal year 2027, all
of which is from the various sources as detailed in this bill.
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
63J-1-602.1
, as last amended by Laws of Utah 2025, First Special Session, Chapter 9
ENACTS:
63M-7-215.1
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
63J-1-602.1
is amended to read:
63J-1-602.1
. List of nonlapsing appropriations from accounts and funds.
Appropriations made from the following accounts or funds are nonlapsing:
(1)
The Native American Repatriation Restricted Account created in Section
9-9-407
.
(2)
Certain money payable for expenses of the Pete Suazo Utah Athletic Commission, as
provided under Title
9, Chapter 23
, Pete Suazo Utah Athletic Commission Act.
(3)
Funds collected for directing and administering the C-PACE district created in Section
11-42a-106
.
(4)
Money received by the Utah Inland Port Authority, as provided in Section
11-58-105
.
(5)
The Commerce Electronic Payment Fee Restricted Account created in Section
13-1-17
.
(6)
The Division of Air Quality Oil, Gas, and Mining Restricted Account created in Section
19-2a-106
.
(7)
The Division of Water Quality Oil, Gas, and Mining Restricted Account created in
Section
19-5-126
.
(8)
State funds for matching federal funds in the Children's Health Insurance Program as
provided in Section
26B-3-906
.
(9)
Funds collected from the program fund for local health department expenses incurred in
responding to a local health emergency under Section
26B-7-111
.
(10)
The Technology Development Restricted Account created in Section
31A-3-104
.
(11)
The Criminal Background Check Restricted Account created in Section
31A-3-105
.
(12)
The Captive Insurance Restricted Account created in Section
31A-3-304
, except to the
extent that Section
31A-3-304
makes the money received under that section free revenue.
(13)
The Title Licensee Enforcement Restricted Account created in Section
31A-23a-415
.
(14)
The Health Insurance Actuarial Review Restricted Account created in Section
31A-30-115
.
(15)
The State Mandated Insurer Payments Restricted Account created in Section
31A-30-118
.
(16)
The Insurance Fraud Investigation Restricted Account created in Section
31A-31-108
.
(17)
The Underage Drinking Prevention Media and Education Campaign Restricted
Account created in Section
32B-2-306
.
(18)
The School Readiness Restricted Account created in Section
35A-15-203
.
(19)
Money received by the Utah State Office of Rehabilitation for the sale of certain
products or services, as provided in Section
35A-13-202
.
(20)
The Property Loss Related to Homelessness Compensation Enterprise Fund created in
Section
35A-16-212
.
(21)
The Homeless Shelter Cities Mitigation Restricted Account created in Section
35A-16-402
.
(22)
The Oil and Gas Administrative Penalties Account created in Section
40-6-11
.
(23)
The Oil and Gas Conservation Account created in Section
40-6-14.5
.
(24)
The Division of Oil, Gas, and Mining Restricted account created in Section
40-6-23
.
(25)
The Electronic Payment Fee Restricted Account created by Section
41-1a-121
to the
Motor Vehicle Division.
(26)
The License Plate Restricted Account created by Section
41-1a-122
.
(27)
The Motor Vehicle Enforcement Division Temporary Permit Restricted Account
created by Section
41-3-110
to the State Tax Commission.
(28)
The State Disaster Recovery Restricted Account to the Division of Emergency
Management, as provided in Section
53-2a-603
.
(29)
The Disaster Response, Recovery, and Mitigation Restricted Account created in
Section
53-2a-1302
.
(30)
The Emergency Medical Services Critical Needs Account created in Section
53-2d-110
.
(31)
The Department of Public Safety Restricted Account to the Department of Public
Safety, as provided in Section
53-3-106
.
(32)
The Utah Highway Patrol Aero Bureau Restricted Account created in Section
53-8-303
.
(33)
The DNA Specimen Restricted Account created in Section
53-10-407
.
(34)
The Technical Colleges Capital Projects Fund created in Section
53H-9-605
.
(35)
The Higher Education Capital Projects Fund created in Section
53H-9-502
.
(36)
A certain portion of money collected for administrative costs under the School
Institutional Trust Lands Management Act, as provided under Section
53C-3-202
.
(37)
The Public Utility Regulatory Restricted Account created in Section
54-5-1.5
, subject
to Subsection
54-5-1.5(4)(d)
.
(38)
Funds collected from a surcharge fee to provide certain licensees with access to an
electronic reference library, as provided in Section
58-3a-105
.
(39)
Certain fines collected by the Division of Professional Licensing for violation of
unlawful or unprofessional conduct that are used for education and enforcement
purposes, as provided in Section
58-17b-505
.
(40)
Funds collected from a surcharge fee to provide certain licensees with access to an
electronic reference library, as provided in Section
58-22-104
.
(41)
Funds collected from a surcharge fee to provide certain licensees with access to an
electronic reference library, as provided in Section
58-55-106
.
(42)
Funds collected from a surcharge fee to provide certain licensees with access to an
electronic reference library, as provided in Section
58-56-3.5
.
(43)
Certain fines collected by the Division of Professional Licensing for use in education
and enforcement of the Security Personnel Licensing Act, as provided in Section
58-63-103
.
(44)
The Relative Value Study Restricted Account created in Section
59-9-105
.
(45)
The Cigarette Tax Restricted Account created in Section
59-14-204
.
(46)
Funds paid to the Division of Real Estate for the cost of a criminal background check
for a mortgage loan license, as provided in Section
61-2c-202
.
(47)
Funds paid to the Division of Real Estate for the cost of a criminal background check
for principal broker, associate broker, and sales agent licenses, as provided in Section
61-2f-204
.
(48)
Certain funds donated to the Department of Health and Human Services, as provided
in Section
26B-1-202
.
(49)
Certain funds donated to the Division of Child and Family Services, as provided in
Section
80-2-404
.
(50)
Funds collected by the Office of Administrative Rules for publishing, as provided in
Section
63G-3-402
.
(51)
The Immigration Act Restricted Account created in Section
63G-12-103
.
(52)
Money received by the military installation development authority, as provided in
Section
63H-1-504
.
(53)
The Unified Statewide 911 Emergency Service Account created in Section
63H-7a-304
.
(54)
The Utah Statewide Radio System Restricted Account created in Section
63H-7a-403
.
(55)
The Violent Crime Clearance Rate Fund created in Section
63M-7-215.1
.
(55)
(56)
The Utah Capital Investment Restricted Account created in Section
63N-6-204
.
(56)
(57)
The Motion Picture Incentive Account created in Section
63N-8-103
.
(57)
(58)
Funds collected by the housing of state probationary inmates or state parole
inmates, as provided in Subsection
64-13e-104(2)
.
(58)
(59)
Certain forestry and fire control funds utilized by the Division of Forestry, Fire,
and State Lands, as provided in Section
65A-8-103
.
(59)
(60)
The following funds or accounts created in Section
72-2-124
:
(a)
Transportation Investment Fund of 2005;
(b)
Transit Transportation Investment Fund;
(c)
Cottonwood Canyons Transportation Investment Fund;
(d)
Active Transportation Investment Fund; and
(e)
Commuter Rail Subaccount.
(60)
(61)
The Amusement Ride Safety Restricted Account, as provided in Section
72-16-204
.
(61)
(62)
Certain funds received by the Office of the State Engineer for well drilling fines
or bonds, as provided in Section
73-3-25
.
(62)
(63)
The Water Resources Conservation and Development Fund, as provided in
Section
73-23-2
.
(63)
(64)
Award money under the State Asset Forfeiture Grant Program, as provided under
Section
77-11b-403
.
(64)
(65)
Funds donated or paid to a juvenile court by private sources, as provided in
Subsection
78A-6-203(1)(c)
.
(65)
(66)
Fees for certificate of admission created under Section
78A-9-102
.
(66)
(67)
Funds collected for adoption document access as provided in Sections
81-13-103
,
81-13-504
, and
81-13-505
.
(67)
(68)
Funds collected for indigent defense as provided in Title
78B, Chapter 22, Part 4
,
Utah Indigent Defense Commission.
(68)
(69)
The Utah Geological Survey Restricted Account created in Section
79-3-403
.
(69)
(70)
Revenue for golf user fees at the Wasatch Mountain State Park, Palisades State
Park, and Green River State Park, as provided under Section
79-4-403
.
(70)
(71)
Certain funds received by the Division of State Parks from the sale or disposal of
buffalo, as provided under Section
79-4-1001
.
Section 2. Section
63M-7-215.1
is enacted to read:
63M-7-215.1
. Violent Crime Clearance Rate Fund -- Funding -- Uses.
(1)
As used in this section:
(a)
"Cleared by arrest" means that an individual reported in connection with a crime is:
(i)
arrested by a law enforcement agency;
(ii)
charged with a crime; and
(iii)
turned over to a court for prosecution for the crime.
(b)
"Cleared by exceptional means" means that a law enforcement agency:
(i)
has identified an individual reported in connection with a crime;
(ii)
has sufficient evidence to arrest the individual;
(iii)
knows the individual's exact location; and
(iv)
has encountered factors beyond the law enforcement agency's control that
prevent the arrest, charging, and prosecution of the individual.
(c)
"Fund" means the Violent Crime Clearance Rate Fund created in this section.
(d)
"Law enforcement agency" means the same as that term is defined in Section
53-1-102
.
(e)
"Rural community" means the same as that term is defined in Section
63N-4-801
.
(f)
"Violent crime" means a violent felony, as that term is defined in Section
76-3-203.5
.
(g)
"Violent crime clearance rate" means the percentage obtained by dividing the total
number of violent crimes cleared by arrest and cleared by exceptional means by the
total number of violent crimes reported.
(2)
There is created a special revenue fund known as the "Violent Crime Clearance Rate
Fund."
(3)
The fund includes:
(a)
private donations, grants, gifts, bequests, or money made available from any other
source to implement this section; and
(b)
any interest earned on the fund.
(4)
Upon appropriation by the Legislature, the commission shall administer the fund in
accordance with this section.
(5)
The commission shall award grants from the fund to law enforcement agencies to assist
with efforts to increase violent crime clearance rates.
(6)
The commission may retain up to 3% of the money deposited into the fund to pay for
administrative costs incurred by the commission, including salary and benefits,
equipment, supplies, or travel costs that are directly related to the administration of this
section.
(7)
With money in the fund that is not used to pay the costs described in Subsection
(6)
, the
commission shall:
(a)
award 85% of the money to law enforcement agencies based on a competitive grant
application process established by the commission under Subsection
(8)
;
(b)
randomly award 15% of the money to law enforcement agencies that:
(i)
applied for a grant in accordance with the grant application process established by
the commission under Subsection
(8)
; and
(ii)
did not receive an award under Subsection
(7)(a)
; and
(c)
award at least 10% of the amount described in Subsection
(7)(a)
to law enforcement
agencies that serve only rural communities.
(8)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission shall establish:
(a)
a grant application and review process for the expenditure of money from the fund,
including:
(i)
eligibility criteria for a law enforcement agency to receive a grant;
(ii)
the form and process of submitting an application;
(iii)
procedures for evaluating a grant application; and
(iv)
the method for determining a grant amount; and
(b)
reporting requirements for a law enforcement agency that receives a grant.
(9)
A law enforcement agency awarded a grant under this section may use grant money for:
(a)
hiring, retaining, or training personnel to:
(i)
investigate violent crimes;
(ii)
collect, process, and forensically test evidence; or
(iii)
analyze violent crimes, including by monitoring temporal and geographic trends;
(b)
developing policies, procedures, or training to increase violent crime clearance rates;
(c)
acquiring, upgrading, or replacing technology or equipment related to evidence
collection, evidence processing, or forensic testing of evidence;
(d)
supporting witnesses involved in violent crime investigations; or
(e)
developing policies, procedures, or training designed to increase the law enforcement
agency's violent crime clearance rate.
(10)
Money the fund receives from legislative appropriations is nonlapsing in accordance
with Section
63J-1-602.1
.
Section 3.
FY 2027 Appropriations.
The following sums of money are appropriated for the fiscal year beginning July 1,
2026, and ending June 30, 2027. These are additions to amounts previously appropriated for
fiscal year 2027.
Subsection 3(a).
Operating and Capital Budgets
Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, the
Legislature appropriates the following sums of money from the funds or accounts indicated for
the use and support of the government of the state of Utah.
CRIMINAL JUSTICE
GOVERNOR'S OFFICE
ITEM 1
Governor's Office - Commission on Criminal and Juvenile Justice
From Violent Crime Clearance Rate Fund
250,000
CCJJ Commission
250,000
Section 4.
Effective Date.
This bill takes effect on
May 6, 2026
.
3-11-26 10:37 AM