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2024 Utah Code
Title 77 - Utah Code of Criminal Procedure
Chapter 41 - Sex, Kidnap, and Child Abuse Offender Registry
Section 113 - Removal for offenses or convictions for which registration is no longer required.
Universal Citation:
UT Code § 77-41-113 (2024)
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Effective 7/1/2024
77-41-113. Removal for offenses or convictions for which registration is no longer required.
Amended by Chapter 234, 2024 General Session
77-41-113. Removal for offenses or convictions for which registration is no longer required.
- (1)The department shall automatically remove an individual who is currently on the Sex, Kidnap, and Child Abuse Offender Registry because of a conviction if:
- (a)the only offense or offenses for which the individual is on the registry are listed in Subsection (2); or
- (b)the department receives a formal notification or order from the court or the Board of Pardons and Parole that the conviction for the offense or offenses for which the individual is on the registry have been reversed, vacated, or pardoned.
- (2)The offenses described in Subsection (1)(a) are:
- (a)a class B or class C misdemeanor for enticing a minor under Section 76-4-401;
- (b)kidnapping under Subsection 76-5-301(2)(a) or (b);
- (c)child kidnapping under Section 76-5-301.1, if the offender was the natural parent of the child victim;
- (d)unlawful detention under Section 76-5-304;
- (e)a third degree felony for unlawful sexual intercourse before 1986, or a class B misdemeanor for unlawful sexual intercourse, under Section 76-5-401; or
- (f)sodomy, but not forcible sodomy, under Section 76-5-403.
- (3)
- (a)The department shall notify an individual who has been removed from the registry in accordance with Subsection (1).
- (b)The notice described in Subsection (3)(a) shall include a statement that the individual is no longer required to register as a sex offender or kidnap offender.
- (4)An individual who is currently on the Sex, Kidnap, and Child Abuse Offender Registry may submit a request to the department to be removed from the registry if the individual believes that the individual qualifies for removal under this section.
- (5)The department, upon receipt of a request for removal from the registry shall:
- (a)check the registry for the individual's current status;
- (b)determine whether the individual qualifies for removal based upon this section; and
- (c)notify the individual in writing of the department's determination and whether the individual:
- (i)qualifies for removal from the registry; or
- (ii)does not qualify for removal.
- (6)If the department determines that the individual qualifies for removal from the registry, the department shall remove the offender from the registry.
- (7)If the department determines that the individual does not qualify for removal from the registry, the department shall provide an explanation in writing for the department's determination. The department's determination is final and not subject to administrative review.
- (8)Neither the department nor an employee of the department may be civilly liable for a determination made in good faith in accordance with this section.
- (9)
- (a)The department shall provide a response to a request for removal within 30 days of receipt of the request.
- (b)If the response under Subsection (9)(a) cannot be provided within 30 days, the department shall notify the individual that the response may be delayed up to 30 additional days.
Amended by Chapter 234, 2024 General Session
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