Public Safety Data Amendments

47
53-5a-602
53-10-910
53H-7-603
63A-16-101
63A-16-1002
63G-2-201
63M-7-1106
64-13-47
67-5-22.7
77-27-32
80-5-202
0
Public Safety Data Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ryan D. Wilcox
Senate Sponsor: Kirk A. Cullimore
LONG TITLE
General Description:
This bill amends provisions related to public safety data.
Highlighted Provisions:
This bill:
removes a report required to be submitted by the Bureau of Criminal Identification to the
Law Enforcement and Criminal Justice Interim Committee regarding attempted weapons
purchases by individuals who are restricted from purchasing, possessing, or transferring
a firearm as a result of a conviction for an offense involving domestic violence and
requires the report to be submitted to the State Commission on Criminal and Juvenile
Justice (commission) to be included in the public safety portal;
removes a report required to be submitted by the Division of Juvenile Justice and Youth
Services to the Law Enforcement and Criminal Justice Interim Committee regarding
data of sexual assaults in detention and secure care facilities and requires the report to be
submitted to the commission to be included in the public safety portal;
removes a report required to be submitted by the Department of Corrections to the Law
Enforcement and Criminal Justice Interim Committee regarding data of sexual assaults
in correctional facilities and requires the report to be submitted to the commission to be
included in the public safety portal;
requires institutions of higher education to provide data of crime in student housing to the
commission to be included in the public safety portal;
requires the multi-agency strike force to combat violent and other major felony crimes to
submit the strike force's annual report to the commission to be included in the public
safety portal;
requires the commission to include a report from the Board of Pardons and Parole
regarding metrics of offenders in the public safety portal;
requires the Prosecutor Conduct Commission to provide the Prosecutor Conduct
Commission's annual report on prosecutorial complaints to the commission to be
included in the public safety portal;
requires the Department of Public Safety and the Bureau of Forensic Services to provide
an annual report on sexual assault kits to the commission to be included in the public
safety portal;
adds requirements for the commission regarding the public safety portal;
clarifies that the commission is not required to provide records in response to a record
request under the Government Records Access and Management Act for records
received by the commission for the public safety portal; and
makes technical can conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53-5a-602
, as renumbered and amended by Laws of Utah 2025, Chapter 208
53-10-910
, as last amended by Laws of Utah 2025, Chapter 271
53H-7-603
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 8
63A-16-1002
, as last amended by Laws of Utah 2025, First Special Session, Chapter 17
63G-2-201
, as last amended by Laws of Utah 2025, Chapters 299, 476
63M-7-1106
, as enacted by Laws of Utah 2025, Chapter 360
64-13-47
, as enacted by Laws of Utah 2021, Chapter 44
67-5-22.7
, as last amended by Laws of Utah 2025, Chapter 173
77-27-32
, as last amended by Laws of Utah 2024, Chapter 208
80-5-202
, as last amended by Laws of Utah 2024, Chapter 256
REPEALS:
63A-16-101
, as renumbered and amended by Laws of Utah 2021, Chapter 344
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
53-5a-602
is amended to read:
53-5a-602
. Criminal background check before purchase of a firearm -- Fee --
Exemption for concealed firearm permit holders and law enforcement officers.
(1)
(a)
To establish personal identification and residence in this state for purposes of this
part, a dealer shall require an individual receiving a firearm to present one photo
identification on a form issued by a governmental agency of the state.
(b)
A dealer may not accept a driving privilege card issued under Section
53-3-207
as
proof of identification for the purpose of establishing personal identification and
residence in this state as required under this Subsection
(1)
.
(2)
(a)
A criminal history background check is required for the sale of a firearm by a
licensed firearm dealer in the state.
(b)
Subsection
(2)(a)
does not apply to the sale of a firearm to a Federal Firearms
Licensee.
(3)
(a)
An individual purchasing a firearm from a dealer shall consent in writing to a
criminal background check, on a form provided by the bureau.
(b)
The form shall contain the following information:
(i)
the dealer identification number;
(ii)
the name and address of the individual receiving the firearm;
(iii)
the date of birth, height, weight, eye color, and hair color of the individual
receiving the firearm; and
(iv)
the social security number or any other identification number of the individual
receiving the firearm.
(4)
(a)
The dealer shall send the information required by Subsection
(3)
to the bureau
immediately upon its receipt by the dealer.
(b)
A dealer may not sell or transfer a firearm to an individual until the dealer has
provided the bureau with the information in Subsection
(3)
and has received approval
from the bureau under Subsection
(6)
.
(5)
The dealer shall make a request for criminal history background information by
telephone or other electronic means to the bureau and shall receive approval or denial of
the inquiry by telephone or other electronic means.
(6)
When the dealer calls for or requests a criminal history background check, the bureau
shall:
(a)
review the criminal history files, including juvenile court records, and the temporary
restricted file created under Section
53-5a-504
, to determine if the individual is
prohibited from purchasing, possessing, or transferring a firearm by state or federal
law;
(b)
inform the dealer that:
(i)
the records indicate the individual is prohibited; or
(ii)
the individual is approved for purchasing, possessing, or transferring a firearm;
(c)
provide the dealer with a unique transaction number for that inquiry; and
(d)
provide a response to the requesting dealer during the call for a criminal background
check, or by return call, or other electronic means, without delay, except in case of
electronic failure or other circumstances beyond the control of the bureau, the bureau
shall advise the dealer of the reason for the delay and give the dealer an estimate of
the length of the delay.
(7)
(a)
The bureau may not maintain any records of the criminal history background
check longer than 20 days from the date of the dealer's request, if the bureau
determines that the individual receiving the firearm is not prohibited from
purchasing, possessing, or transferring the firearm under state or federal law.
(b)
However, the bureau shall maintain a log of requests containing the dealer's federal
firearms number, the transaction number, and the transaction date for a period of 12
months.
(8)
(a)
If the criminal history background check discloses information indicating that the
individual attempting to purchase the firearm is prohibited from purchasing,
possessing, or transferring a firearm, the bureau shall:
(i)
within 24 hours after determining that the purchaser is prohibited from purchasing,
possessing, or transferring a firearm, notify the law enforcement agency in the
jurisdiction where the dealer is located; and
(ii)
inform the law enforcement agency in the jurisdiction where the individual
resides.
(b)
Subsection
(8)(a)
does not apply to an individual prohibited from purchasing a
firearm solely due to placement on the temporary restricted list under Section
53-5a-504
.
(c)
A law enforcement agency that receives information from the bureau under
Subsection
(8)(a)
shall provide a report before August 1 of each year to the bureau
that includes:
(i)
based on the information the bureau provides to the law enforcement agency under
Subsection
(8)(a)
, the number of cases that involve an individual who is
prohibited from purchasing, possessing, or transferring a firearm as a result of a
conviction for an offense involving domestic violence; and
(ii)
of the cases described in Subsection
(8)(c)(i)
:
(A)
the number of cases the law enforcement agency investigates; and
(B)
the number of cases the law enforcement agency investigates that result in a
criminal charge.
(d)
The bureau shall:
(i)
compile the information from the reports described in Subsection
(8)(c)
;
(ii)
omit or redact any identifying information in the compilation; and
(iii)
submit the compilation to the
Law Enforcement and Criminal Justice Interim
Committee
State Commission on Criminal and Juvenile Justice created in Section
63M-7-201
before November 1 of each year.
(9)
If an individual is denied the right to purchase a firearm under this section, the
individual may review the individual's criminal history information and may challenge
or amend the information as provided in Section
53-10-108
.
(10)
The bureau shall make rules in accordance with
Title 63G, Chapter 3, Utah
Administrative Rulemaking Act
, to ensure the identity, confidentiality, and security of
all records provided by the bureau under this part are in conformance with the
requirements of the Brady Handgun Violence Prevention Act, Pub. L. No. 103-159, 107
Stat. 1536 (1993).
(11)
(a)
A dealer shall collect a criminal history background check fee for the sale of a
firearm under this section.
(b)
The fee described under Subsection
(11)(a)
remains in effect until changed by the
bureau through the process described in Section
63J-1-504
.
(c)
(i)
The dealer shall forward at one time all fees collected for criminal history
background checks performed during the month to the bureau by the last day of
the month following the sale of a firearm.
(ii)
The bureau shall deposit the fees in the General Fund as dedicated credits to
cover the cost of administering and conducting the criminal history background
check program.
(12)
(a)
An individual with a concealed firearm permit issued under Section
53-5a-303
or
a provisional concealed firearm permit issued under Section
53-5a-304
is exempt
from the background check and corresponding fee required in this section for the
purchase of a firearm if:
(i)
the individual presents the individual's concealed firearm permit to the dealer
prior to
before
purchase of the firearm; and
(ii)
the dealer verifies with the bureau that the individual's concealed firearm permit
is valid.
(b)
An individual with a temporary permit to carry a concealed firearm issued under
Section
53-5a-305
is not exempt from a background check and the corresponding fee
required in this section for the purchase of a firearm.
(13)
(a)
A law enforcement officer, as defined in Section
53-13-103
, is exempt from the
background check fee required in this section for the purchase of a personal firearm
to be carried while off-duty if the law enforcement officer verifies current
employment by providing a letter of good standing from the officer's commanding
officer and current law enforcement photo identification.
(b)
Subsection
(13)(a)
may only be used by a law enforcement officer to purchase a
personal firearm once in a 24-month period.
(14)
A dealer engaged in the business of selling, leasing, or otherwise transferring a firearm
shall:
(a)
make the firearm safety brochure described in Subsection
26B-5-211(3)
available to
a customer free of charge; and
(b)
at the time of purchase, distribute a cable-style gun lock provided to the dealer under
Subsection
26B-5-211(3)
to a customer purchasing a shotgun, short barreled shotgun,
short barreled rifle, rifle, or another firearm that federal law does not require be
accompanied by a gun lock at the time of purchase.
Section 2. Section
53-10-910
is amended to read:
53-10-910
. Reporting requirement.
The Department of Public Safety and the Utah Bureau of Forensic Services shall report
by July 31 of each year to
the State Commission on Criminal and Juvenile Justice created in
Section
63M-7-201
,
the Law Enforcement and Criminal Justice Interim Committee
,
and the
Criminal Justice Appropriations Subcommittee regarding:
(1)
the timelines set for testing all sexual assault kits submitted to the Utah Bureau of
Forensic Services as provided in Subsection
53-10-903(2)
;
(2)
the goals established in Section
53-10-909
;
(3)
the status of meeting those goals;
(4)
the number of sexual assault kits that are sent to the Utah Bureau of Forensic Services
for testing;
(5)
the number of restricted kits held by law enforcement;
(6)
the number of sexual assault kits that are not processed in accordance with the timelines
established in this part; and
(7)
future appropriations requests that will ensure that all DNA cases can be processed
according to the timelines established by this part.
Section 3. Section
53H-7-603
is amended to read:
53H-7-603
. Student housing crime reporting.
(1)
As used in this section:
(a)
"Campus law enforcement" means an institution's police department.
(b)
"Crime statistics" means the number of each of the crimes in 34 C.F.R. Sec.
668.46(c)(1) that are reported to a local police agency or campus law enforcement,
listed by type of crime.
(c)
(i)
"Institution noncampus housing facility" means a building or property that:
(A)
is used for housing students;
(B)
is not part of the institution's campus; and
(C)
the institution owns, manages, controls, or leases;
(ii)
"Institution noncampus housing facility" includes real property that is adjacent to,
and is used in direct support of, the building or property described in Subsection
(1)(c)(i)
.
(d)
"Local law enforcement agency" means a state or local law enforcement agency
other than campus law enforcement.
(e)
(i)
"On-campus housing facility" means a building or property that is:
(A)
used for housing students; and
(B)
part of the institution's campus.
(ii)
"On-campus housing facility" includes real property that is:
(A)
adjacent to the on-campus housing facility; and
(B)
used in direct support of the on-campus housing facility.
(f)
"Student housing" means:
(i)
an institution noncampus housing facility;
(ii)
an on-campus housing facility; or
(iii)
a student organization noncampus housing facility.
(g)
"Student organization" means the same as that term is defined in Section
53H-7-101
.
(h)
"Student organization noncampus housing facility" means a building or property that:
(i)
is used for housing students;
(ii)
is not part of the institution's campus; and
(iii)
(A)
a student organization owns, manages, controls, or leases; or
(B)
is real property that is adjacent to the student organization noncampus housing
facility and is used in direct support of the noncampus housing facility.
(2)
An institution with the types of housing facilities described in this Subsection
(2)
shall:
(a)
create a report of crime statistics aggregated by:
(i)
on-campus housing facility, identified and listed individually using the institution's
system for inventorying institution facilities;
(ii)
institution noncampus housing facility, identified and listed individually using the
institution's system for inventorying institution facilities; and
(iii)
student organization noncampus housing facilities, identified and listed
individually using the institution's system for identifying student organization
noncampus housing facilities;
and
(b)
report annually to the Education Interim Committee and the Law Enforcement and
Criminal Justice Interim Committee, at or before the committee's November
meetings, on crime statistics aggregated by housing facility as described in
Subsection(2)(a)
.
; and
(c)
on or before November 1 of each year, provide the crime statistics aggregated by
housing facility as described in Subsection
(2)(a)
to the State Commission on
Criminal and Juvenile Justice created in Section
63M-7-201
.
(3)
An institution that does not have the types of housing described in Subsection
(2)
shall
report the crime statistics as required by 20 U.S.C. Section 1092(f), the Jeanne Clery
Disclosure of Campus Security Policy and Campus Crime Statistics Act, to the entities
specified in Subsection
(2)
.
(4)
Upon request from an institution, a local law enforcement agency shall provide to the
institution crime statistics for each student housing facility over which the local law
enforcement agency has jurisdiction.
(5)
Except as provided in Section
53H-7-503
, when campus law enforcement receives a
complaint or report of a crime that campus law enforcement reasonably determines
occurred outside of campus law enforcement's jurisdiction, campus law enforcement
shall share any record of the complaint or report with the local law enforcement agency
with jurisdiction.
Section 4. Section
63A-16-1002
is amended to read:
16. Governance of Technology
63A-16-1002
. Public safety portal.
(1)
The commission shall oversee the creation and management of a public safety portal for
information and data required to be reported to the commission and accessible to all
criminal justice agencies in the state.
(2)
The division shall assist with the development and management of the public safety
portal.
(3)
The division, in collaboration with the commission, shall create:
(a)
master standards and formats for information submitted to the public safety portal;
(b)
a gateway, bridge, website, or other method for reporting entities to provide the
information;
(c)
a master data management index or system to assist in the retrieval of information
from the public safety portal;
(d)
a protocol for accessing information in the public safety portal that complies with
state privacy regulations;
and
(e)
a protocol for real-time audit capability of all data accessed from the public safety
portal by participating data source, data use entities, and regulators
.
;
(f)
a protocol for de-identifying the data described in Subsection
(4)
for public use;
(g)
a searchable portion of the public safety portal described in Subsection
(4)
available
to the public that displays the de-identified data as described in Subsection
(3)(f)
; and
(h)
subject to the restrictions in this section, a policy concerning the use and
dissemination of data obtained under this section.
(4)
The public safety portal shall be the repository for the statutorily required data
,
information, or reports
described in:
(a)
Section
13-53-111
, Recidivism reporting requirements;
(b)
Section
17-72-408
, County jail reporting requirements;
(c)
Section
17E-2-201
, Criminal Justice Coordinating Councils reporting;
(d)
Section
26B-1-427
, Alcohol Abuse Tracking Committee;
(e)
Section
41-6a-511
, Courts to collect and maintain data;
(f)
Section
53-5a-602
, regarding data of attempted weapons purchases by restricted
persons;
(f)
(g)
Section
53-10-118
,
Regarding
regarding
driving under the influence data;
(h)
Section
53-10-910
, regarding sexual assault kits;
(g)
(i)
Section
53-25-301
, Reporting requirements for reverse-location warrants;
(h)
(j)
Section
53-25-202
, Sexual assault offense reporting requirements for law
enforcement agencies;
(i)
Section
53E-3-516
, School disciplinary and law enforcement action report;
(j)
(k)
Section
53-25-501
, Reporting requirements for seized firearms;
(k)
(l)
Section
53-25-502
, Law enforcement agency reporting requirements for certain
firearm data;
(m)
Section
53E-3-516
, School disciplinary and law enforcement action report;
(n)
Section
53H-7-603
, Student housing crime reporting;
(l)
(o)
Section
63M-7-214
, Law enforcement agency grant reporting;
(m)
(p)
Section
63M-7-216
, Prosecutorial data collection;
(n)
(q)
Section
63M-7-216.1
, Prosecutorial data collection regarding certain
prosecutions, dismissals, and declinations to prosecute;
(o)
(r)
Section
63M-7-220
, Domestic violence data collection;
(s)
Section
63M-7-1106
, regarding annual reporting from the Prosecutor Conduct
Commission;
(t)
Section
64-13-47
, regarding data of sexual assaults;
(p)
(u)
Section
64-14-204
, Supervision of sentenced offenders placed in community;
(q)
(v)
Section
64-13-25
, Standards for programs;
(r)
(w)
Section
64-13-45
, Department reporting requirements;
(s)
(x)
Section
64-13e-104
, County correctional facility reimbursement program for
state probationary inmates and state parole inmates;
(y)
Section
67-5-22.7
, regarding data from the multi-agency strike force to combat
violent and other major felony crimes;
(t)
(z)
Section
77-7-8.5
, Use of tactical groups;
(u)
(aa)
Section
77-11b-404
, Forfeiture reporting requirements;
(v)
(bb)
Section
77-20-103
, Release data requirements;
(w)
(cc)
Section
77-22-2.5
, Court orders for criminal investigations;
(dd)
Section
77-27-32
, regarding metrics from the Board of Pardons and Parole;
(x)
(ee)
Section
78A-2-109.5
, Court data collection on criminal cases;
(ff)
Section
80-5-202
, regarding data of sexual assaults;
(y)
(gg)
Section
80-6-104
, Data collection on offenses committed by minors; and
(z)
(hh)
any other statutes that require the collection of specific data and the reporting
of that data to the commission.
(5)
Before October 1, 2025, the commission shall report all data collected to the Law
Enforcement and Criminal Justice Interim Committee.
(6)
(5)
The commission may:
(a)
enter into contracts with private or governmental entities to assist entities in
complying with the data reporting requirements of Subsection
(4)
; and
(b)
make, in accordance with Title
63G, Chapter 3
, Utah Administrative Rulemaking
Act, rules to administer this section, including establishing requirements and
procedures for collecting the data
, information, or reports
described in Subsection
(4)
.
Section 5. Section
63G-2-201
is amended to read:
63G-2-201
. Provisions relating to records -- Public records -- Private, controlled,
protected, and other restricted records -- Disclosure and nondisclosure of records --
Certified copy of record -- Limits on obligation to respond to record request.
(1)
(a)
Except as provided in Subsection
(1)(b)
, a person has the right to inspect a public
record free of charge, and the right to take a copy of a public record during normal
working hours, subject to Sections
63G-2-203
and
63G-2-204
.
(b)
A right under Subsection
(1)(a)
does not apply with respect to a record:
(i)
a copy of which the governmental entity has already provided to the person;
(ii)
that is the subject of a records request that the governmental entity is not required
to fill under Subsection
(7)(a)(v)
; or
(iii)
(A)
that is accessible only by a computer or other electronic device owned or
controlled by the governmental entity;
(B)
that is part of an electronic file that also contains a record that is private,
controlled, or protected; and
(C)
that the governmental entity cannot readily segregate from the part of the
electronic file that contains a private, controlled, or protected record.
(2)
A record is public unless otherwise expressly provided by statute.
(3)
The following records are not public:
(a)
a record that is private, controlled, or protected under Sections
63G-2-302
,
63G-2-303
,
63G-2-304
, and
63G-2-305
; and
(b)
a record to which access is restricted
pursuant
to
in accordance with
court rule,
another state statute, federal statute, or federal regulation, including records for which
access is governed or restricted as a condition of participation in a state or federal
program or for receiving state or federal funds.
(4)
Only a record specified in Section
63G-2-302
,
63G-2-303
,
63G-2-304
, or
63G-2-305

may be classified private, controlled, or protected.
(5)
(a)
A governmental entity may not disclose a record that is private, controlled, or
protected to any person except as provided in Subsection
(5)(b)
, Subsection
(5)(c)
,
Section
63G-2-202
,
63G-2-206
, or
63G-2-303
.
(b)
A governmental entity may disclose a record that is private under Subsection
63G-2-302(2)
or protected under Section
63G-2-305
to persons other than those
specified in Section
63G-2-202
or
63G-2-206
if the head of a governmental entity, or
a designee, determines that:
(i)
there is no interest in restricting access to the record; or
(ii)
the interests favoring access are greater than or equal to the interest favoring
restriction of access.
(c)
In addition to the disclosure under Subsection
(5)(b)
, a governmental entity may
disclose a record that is protected under Subsection
63G-2-305(51)
if:
(i)
the head of the governmental entity, or a designee, determines that the disclosure:
(A)
is mutually beneficial to:
(I)
the subject of the record;
(II)
the governmental entity; and
(III)
the public; and
(B)
serves a public purpose related to:
(I)
public safety; or
(II)
consumer protection; and
(ii)
the person who receives the record from the governmental entity agrees not to use
or allow the use of the record for advertising or solicitation purposes.
(6)
A governmental entity shall provide a person with a certified copy of a record if:
(a)
the person requesting the record has a right to inspect it;
(b)
the person identifies the record with reasonable specificity; and
(c)
the person pays the lawful fees.
(7)
(a)
In response to a request, a governmental entity is not required to:
(i)
create a record;
(ii)
compile, format, manipulate, package, summarize, or tailor information;
(iii)
provide a record in a particular format, medium, or program not currently
maintained by the governmental entity;
(iv)
fulfill a person's records request if the request unreasonably duplicates prior
records requests from that person;
(v)
fill a person's records request if:
(A)
the record requested is:
(I)
publicly accessible online; or
(II)
included in a public publication or product produced by the governmental
entity receiving the request; and
(B)
the governmental entity:
(I)
specifies to the person requesting the record where the record is accessible
online; or
(II)
provides the person requesting the record with the public publication or
product and specifies where the record can be found in the public
publication or product; or
(vi)
fulfill a person's records request if:
(A)
the person has been determined under Section
63G-2-209
to be a vexatious
requester;
(B)
the order of the director of the Government Records Office determining the
person to be a vexatious requester provides that the governmental entity is not
required to fulfill a request from the person for a period of time; and
(C)
the period of time described in Subsection
(7)(a)(vi)(B)
has not expired.
(b)
A governmental entity shall conduct a reasonable search for a requested record.
(8)
(a)
Although not required to do so, a governmental entity may, upon request from the
person who submitted the records request, compile, format, manipulate, package,
summarize, or tailor information or provide a record in a format, medium, or program
not currently maintained by the governmental entity.
(b)
In determining whether to fulfill a request described in Subsection
(8)(a)
, a
governmental entity may consider whether the governmental entity is able to fulfill
the request without unreasonably interfering with the governmental entity's duties
and responsibilities.
(c)
A governmental entity may require a person who makes a request under Subsection
(8)(a)
to pay the governmental entity, in accordance with Section
63G-2-203
, for
providing the information or record as requested.
(9)
(a)
Notwithstanding any other provision of this chapter, and subject to Subsection
(9)(b)
, a governmental entity is not required to respond to, or provide a record in
response to, a record request if the request is submitted by or in behalf of an
individual who is on parole or confined in a jail or other correctional facility
following the individual's conviction.
(b)
Subsection
(9)(a)
does not apply to:
(i)
the first five record requests submitted to the governmental entity by or in behalf
of an individual described in Subsection
(9)(a)
during any calendar year
requesting only a record that contains a specific reference to the individual; or
(ii)
a record request that is submitted by an attorney of an individual described in
Subsection
(9)(a)
.
(10)
(a)
A governmental entity may allow a person requesting more than 50 pages of
records to copy the records if:
(i)
the records are contained in files that do not contain records that are exempt from
disclosure, or the records may be segregated to remove private, protected, or
controlled information from disclosure; and
(ii)
the governmental entity provides reasonable safeguards to protect the public from
the potential for loss of a public record.
(b)
If the requirements of Subsection
(10)(a)
are met, the governmental entity may:
(i)
provide the requester with the facilities for copying the requested records and
require that the requester make the copies; or
(ii)
allow the requester to provide the requester's own copying facilities and personnel
to make the copies at the governmental entity's offices and waive the fees for
copying the records.
(11)
(a)
A governmental entity that owns an intellectual property right and that offers the
intellectual property right for sale or license may control by ordinance or policy the
duplication and distribution of the material based on terms the governmental entity
considers to be in the public interest.
(b)
Nothing in this chapter shall be construed to limit or impair the rights or protections
granted to the governmental entity under federal copyright or patent law as a result of
its ownership of the intellectual property right.
(12)
A governmental entity may not use the physical form, electronic or otherwise, in
which a record is stored to deny, or unreasonably hinder the rights of a person to inspect
and receive a copy of a record under this chapter.
(13)
Subject to the requirements of Subsection
(7)
, a governmental entity shall provide
access to an electronic copy of a record in lieu of providing access to its paper
equivalent if:
(a)
the person making the request requests or states a preference for an electronic copy;
(b)
the governmental entity currently maintains the record in an electronic format that is
reproducible and may be provided without reformatting or conversion; and
(c)
the electronic copy of the record:
(i)
does not disclose other records that are exempt from disclosure; or
(ii)
may be segregated to protect private, protected, or controlled information from
disclosure without the undue expenditure of public resources or funds.
(14)
In determining whether a record is properly classified as private under Subsection
63G-2-302(2)(d)
, the governmental entity, the director of the Government Records
Office, local appeals board, or court shall consider and weigh:
(a)
any personal privacy interests, including those in images, that would be affected by
disclosure of the records in question; and
(b)
any public interests served by disclosure.
(15)
Notwithstanding any other provision of this chapter, the State Commission on
Criminal and Juvenile Justice created in Section
63M-7-201
:
(a)
is not required to provide a record in response to a record request that requests
records received by the State Commission on Criminal and Juvenile Justice under
Section
63A-16-1002
; and
(b)
shall inform the person making a record request for a record described in Subsection
(15)(a)
of the governmental entity from which the State Commission on Criminal and
Juvenile Justice received the record.
Section 6. Section
63M-7-1106
is amended to read:
63M-7-1106
. Annual reporting requirement to Legislature.
(1)
Before November 1 of each year, the commission shall report to the
State Commission
on Criminal and Juvenile Justice created in Section
63M-7-201
, the
Law Enforcement
and Criminal Justice Interim Committee
,
and the Judiciary Interim Committee on:
(a)
the number of complaints received;
(b)
the general nature of the complaints;
(c)
the number of complaints dismissed without an investigation;
(d)
the number of complaints investigated;
(e)
the general findings and outcomes of investigations; and
(f)
the name of any prosecuting agency that refused, without reasonable cause, to
cooperate in an investigation by the commission.
(2)
The commission may not include any personal identifying information regarding a
prosecuting attorney in a report described in Subsection
(1)
.
Section 7. Section
64-13-47
is amended to read:
64-13-47
. Prison Sexual Assault Prevention Program.
(1)
The department shall, in accordance with
Title 63G, Chapter 3, Utah Administrative
Rulemaking Act
, make rules establishing policies and procedures regarding sexual
assaults that occur in correctional facilities.
(2)
The rules described in Subsection
(1)
shall:
(a)
require education and training, including:
(i)
providing to inmates, at intake and periodically, department-approved,
easy-to-understand information developed by the department on sexual assault
prevention, treatment, reporting, and counseling in consultation with community
groups with expertise in sexual assault prevention, treatment, reporting, and
counseling; and
(ii)
providing sexual-assault-specific training to department mental health
professionals and all employees who have direct contact with inmates regarding
treatment and methods of prevention and investigation;
(b)
require reporting of sexual assault, including:
(i)
ensuring the confidentiality of inmate sexual assault complaints and the protection
of inmates who make complaints of sexual assault; and
(ii)
prohibiting retaliation and disincentives for reporting sexual assault;
(c)
require safety and care for victims, including:
(i)
providing, in situations in which there is reason to believe that a sexual assault has
occurred, reasonable and appropriate measures to ensure the victim's safety by
separating the victim from the assailant, if known;
(ii)
providing acute trauma care for sexual assault victims, including treatment of
injuries, HIV prophylaxis measures, and testing for sexually transmitted infections;
(iii)
providing confidential mental health counseling for victims of sexual assault,
including access to outside community groups or victim advocates that have
expertise in sexual assault counseling, and enable confidential communication
between inmates and those organizations and advocates; and
(iv)
monitoring victims of sexual assault for suicidal impulses, post-traumatic stress
disorder, depression, and other mental health consequences resulting from the
sexual assault;
(d)
require investigations and staff discipline, including:
(i)
requiring all employees to report any knowledge, suspicion, or information
regarding an incident of sexual assault to the executive director or designee, and
require disciplinary action for employees who fail to report as required;
(ii)
requiring investigations described in Subsection
(3)
;
(iii)
requiring corrections investigators to submit all completed sexual assault
allegations to the executive director or the executive director's designee, who
must
shall
then submit any substantiated findings that may constitute a crime under
state law to the district attorney with jurisdiction over the facility in which the
alleged sexual assault occurred; and
(iv)
requiring employees to be subject to disciplinary sanctions up to and including
termination for violating agency sexual assault policies, with termination the
presumptive disciplinary sanction for employees who have engaged in sexual
assault, consistent with constitutional due process protections and state personnel
laws and rules; and
(e)
require data collection and reporting, including as provided in Subsection
(4)
.
(3)
(a)
An investigator trained in the investigation of sex crimes shall conduct the
investigation of a sexual assault involving an inmate.
(b)
The investigation shall include:
(i)
using a forensic rape kit, if appropriate;
(ii)
questioning suspects and witnesses; and
(iii)
gathering and preserving relevant evidence.
(4)
The department shall:
(a)
collect and report data regarding all allegations of sexual assault from each
correctional facility in accordance with the federal Prison Rape Elimination Act of
2003, Pub. L 108-79, as amended; and
(b)
annually report the data described in Subsection
(4)(a)
to the
Law Enforcement and
Criminal Justice Interim Committee
the State Commission on Criminal and Juvenile
Justice created in Section
63M-7-201
.
Section 8. Section
67-5-22.7
is amended to read:
67-5-22.7
. Multi-agency strike force to combat violent and other major felony
crimes associated with illegal immigration and human trafficking -- Fraudulent
Documents Identification Unit.
(1)
The Office of the Attorney General is authorized to administer and coordinate the
operation of a multi-agency strike force to combat violent and other major felony crimes
committed within the state that are associated with illegal immigration and human
trafficking.
(2)
The office shall invite officers of the
U.S.
United States
Immigration and Customs
Enforcement and state and local law enforcement personnel to participate in this
mutually supportive, multi-agency strike force to more effectively utilize their combined
skills, expertise, and resources.
(3)
The strike force shall focus its efforts on detecting, investigating, deterring, and
eradicating violent and other major felony criminal activity related to illegal
immigration and human trafficking.
(4)
In conjunction with the strike force and subject to available funding, the Office of the
Attorney General shall establish a Fraudulent Documents Identification Unit:
(a)
for the primary purpose of investigating, apprehending, and prosecuting individuals
or entities that participate in the sale or distribution of fraudulent documents used for
identification purposes;
(b)
to specialize in fraudulent identification documents created and prepared for
individuals who are unlawfully residing within the state; and
(c)
to administer the Identity Theft Victims Restricted Account created under Subsection
(5)
.
(5)
(a)
There is created a restricted account in the General Fund known as the "Identity
Theft Victims Restricted Account."
(b)
The Identity Theft Victims Restricted Account shall consist of money appropriated
to the Identity Theft Victims Restricted Account by the Legislature.
(c)
Subject to appropriations from the Legislature, beginning on the program start date,
as defined in Section
63G-12-102
, the Fraudulent Documents Identification Unit may
expend the money in the Identity Theft Victims Restricted Account to pay a claim as
provided in this Subsection
(5)
to a person who is a victim of identity theft
prosecuted under Section
76-11-215
or
76-6-1102
.
(d)
To obtain payment from the Identity Theft Victims Restricted Account, a person
shall file a claim with the Fraudulent Documents Identification Unit by no later than
one year after the day on which an individual is convicted, pleads guilty to, pleads no
contest to, pleads guilty in a similar manner to, or resolved by diversion or its
equivalent an offense under Section
76-11-215
or
76-6-1102
for the theft of the
identity of the person filing the claim.
(e)
A claim filed under this Subsection
(5)
shall include evidence satisfactory to the
Fraudulent Documents Identification Unit:
(i)
that the person is the victim of identity theft described in Subsection
(5)(d)
; and
(ii)
of the actual damages experienced by the person as a result of the identity theft
that are not recovered from a public or private source.
(f)
The Fraudulent Documents Identification Unit shall pay a claim from the Identity
Theft Victims Restricted Account:
(i)
if the Fraudulent Documents Identification Unit determines that the person has
provided sufficient evidence to meet the requirements of Subsection
(5)(e)
;
(ii)
in the order that claims are filed with the Fraudulent Documents Identification
Unit; and
(iii)
to the extent that it there is money in the Identity Theft Victims Restricted
Account.
(g)
If there is insufficient money in the Identity Theft Victims Restrict Account when a
claim is filed under this Subsection
(5)
to pay the claim in full, the Fraudulent
Documents Identification Unit may pay a claim when there is sufficient money in the
account to pay the claim in the order that the claims are filed.
(6)
The strike force shall make an annual report on
its
the strike force's
activities to the
governor
and
, the State Commission on Criminal and Juvenile Justice created in
Section
63M-7-201
, and
the
Legislature's
Law Enforcement and Criminal Justice
Interim Committee by December 1, together with any proposed recommendations for
modifications to this section.
Section 9. Section
77-27-32
is amended to read:
77-27-32
. Reporting requirements.
(1)
The board shall publicly display metrics on the board's website, including:
(a)
a measure of recidivism;
(b)
a measure of time under board jurisdiction;
(c)
a measure of prison releases by category;
(d)
a measure of parole revocations;
(e)
a measure of alignment of board decisions with the adult sentencing and supervision
length guidelines, as defined in Section
63M-7-401.1
; and
(f)
a measure of the aggregate reasons for departing from the guidelines described in
Subsection
(1)(e)
.
(2)
On or before September 30 of each year, the board shall submit to
the commission and
the Law Enforcement and Criminal Justice Interim Committee a report for the previous
fiscal year that summarizes the metrics in Subsection
(1)
.
(3)
On or before November 1 of each year, the board shall submit the metrics described in
Subsection
(1)
to the commission.
Section 10. Section
80-5-202
is amended to read:
80-5-202
. Division rulemaking authority -- Reports on sexual assault.
(1)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
division shall make rules to:
(a)
establish standards for the admission of a minor to detention;
(b)
describe good behavior for which credit may be earned under Subsection
80-6-704(5)
;
(c)
establish a formula, in consultation with the Office of the Legislative Fiscal Analyst, to
calculate savings from General Fund appropriations under 2017 Laws of Utah,
Chapter 330, resulting from the reduction in out-of-home placements for juvenile offenders
with the division;
(d)
establish policies and procedures regarding sexual assaults that occur in detention
and secure care facilities; and
(e)
establish the qualifications and conditions for services provided by the division under
Section
80-6-809
.
(2)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
division may make rules:
(a)
that govern the operation of prevention and early intervention programs, youth
service programs, juvenile receiving centers, and other programs described in Section
80-5-401
; and
(b)
that govern the operation of detention and secure care facilities.
(3)
A rule made by the division under Subsection
(1)(a)
:
(a)
may not permit secure detention based solely on the existence of multiple status
offenses, misdemeanors, or infractions arising out of a single criminal episode; and
(b)
shall prioritize use of home detention for a minor who might otherwise be held in
secure detention.
(4)
The rules described in Subsection
(1)(d)
shall:
(a)
require education and training, including:
(i)
providing to minors detained in secure care and detention facilities, at intake and
periodically, easy-to-understand information, which is developed and approved by
the division, on sexual assault prevention, treatment, reporting, and counseling in
consultation with community groups with expertise in sexual assault prevention,
treatment, reporting, and counseling; and
(ii)
providing training specific to sexual assault to division mental health
professionals and all division employees who have direct contact with minors
regarding treatment and methods of prevention and investigation;
(b)
require reporting of any incident of sexual assault, including:
(i)
ensuring the confidentiality of sexual assault reports from minors and the
protection of minors who report sexual assault; and
(ii)
prohibiting retaliation and disincentives for reporting sexual assault;
(c)
require safety and care for minors who report sexual assault, including:
(i)
providing, in situations in which there is reason to believe that a sexual assault has
occurred, reasonable and appropriate measures to ensure the minor's safety by
separating the minor from the minor's assailant, if known;
(ii)
providing acute trauma care for minors who report sexual assault, including
treatment of injuries, HIV prophylaxis measures, and testing for sexually
transmitted infections;
(iii)
providing confidential mental health counseling for minors who report sexual
assault, including:
(A)
access to outside community groups or victim advocates that have expertise in
sexual assault counseling; and
(B)
enabling confidential communication between minors and community groups
and victim advocates; and
(iv)
monitoring minors who report sexual assault for suicidal impulses,
post-traumatic stress disorder, depression, and other mental health consequences
resulting from the sexual assault;
(d)
require staff reporting of sexual assault and staff discipline for failure to report or for
violating sexual assault policies, including:
(i)
requiring all division employees to report any knowledge, suspicion, or
information regarding an incident of sexual assault to the director or the director's
designee;
(ii)
requiring disciplinary action for a division employee who fails to report as
required; and
(iii)
requiring division employees to be subject to disciplinary sanctions up to and
including termination for violating agency sexual assault policies, with
termination the presumptive disciplinary sanction for division employees who
have engaged in sexual assault, consistent with constitutional due process
protections and state personnel laws and rules;
(e)
require that any report of an incident of sexual assault be referred to the Division of
Child and Family Services or a law enforcement agency with jurisdiction over the
detention or secure care facility in which the alleged sexual assault occurred; and
(f)
require data collection and reporting of all incidents of sexual assault from each
detention and secure care facility.
(5)
The division shall annually report the data described in
Section
Subsection

(4)(f)
to the
Law Enforcement and Criminal Justice Interim Committee
State Commission on
Criminal and Juvenile Justice created in Section
63M-7-201
.
Section 11.
Repealer.
Title.
Section 12.
Effective Date.
This bill takes effect on
May 6, 2026
.
2-24-26 8:53 PM