HB0146 Sex Offender Entering An HOA Cory Maloy

LEGISLATIVE GENERAL COUNSEL H.B.
146
6 Approved for Filing: S. Larson 6
6 12-29-22 10:29 AM 6
1 SEX OFFENDER RESTRICTED AREA AMENDMENTS

2 2023 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: A. Cory Maloy
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill amends the restrictions placed on offenders who are on the sex offender
10 registry.
11 Highlighted Provisions:
12 This bill:
13 < restricts individuals on the sex offender registry from entering a homeowners'
14 association swimming pool, park, or playground; and
15 < makes technical changes.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 This bill provides a special effective date.
20 Utah Code Sections Affected:
21 AMENDS:
22 77-27-21.7, as last amended by Laws of Utah 2020, Chapter 206
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 77-27-21.7 is amended to read:
H.B. 146
26 77-27-21.7. Sex offender restrictions.

27 (1) As used in this section:
*HB0146*
H.B. 146 12-29-22 10:29 AM
28 (a) "Minor" means an individual who is less than 18 years old;
29 (b) (i) "Protected area" means the premises occupied by:
30 (A) [any] a licensed day care or preschool facility;
31 (B) a public swimming pool [that is open to the public] or a swimming pool
32 maintained, operated, or owned by a homeowners' association;
33 (C) a public or private primary or secondary school that is not on the grounds of a
34 correctional facility;
35 (D) a [community park that is open to the public] public park or a park maintained,
36 operated, or owned by a homeowners' association;
37 (E) a [playground that is open to the public] public playground or a playground
38 maintained, operated, or owned by a homeowners' association, including those areas designed
39 to provide children space, recreational equipment, or other amenities intended to allow children
40 to engage in physical activity; and
41 (F) except as provided in Subsection (1)(b)(ii), an area that is 1,000 feet or less from
42 the residence of a victim of the sex offender if the sex offender is subject to a victim requested
43 restriction.
44 (ii) "Protected area" does not include the area described in Subsection (1)(b)(i)(F) if:
45 (A) the victim is a member of the immediate family of the sex offender; and
46 (B) the terms of the sex offender's agreement of probation or parole allow the sex
47 offender to reside in the same residence as the victim.
48 (c) "Sex offender" means an adult or juvenile who is required to register in accordance
49 with Title 77, Chapter 41, Sex and Kidnap Offender Registry, due to a conviction for [any] an
50 offense that is committed against a person younger than 18 years old.
51 (2) For purposes of Subsection (1)(b)(i)(F), a sex offender is subject to a victim
52 requested restriction if:
53 (a) the sex offender is on probation or parole for an offense that requires the offender to
54 register in accordance with Title 77, Chapter 41, Sex and Kidnap Offender Registry;
55 (b) the victim or the victim's parent or guardian advises the Department of Corrections
56 that the victim elects to restrict the sex offender from the area and authorizes the Department of
57 Corrections to advise the sex offender of the area where the victim resides; and
58 (c) the Department of Corrections notifies the sex offender in writing that the sex
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12-29-22 10:29 AM H.B. 146
59 offender is prohibited from being in the area described in Subsection (1)(b)(i)(F) and provides
60 a description of the location of the protected area to the sex offender.
61 (3) A sex offender may not:
62 (a) be in a protected area except:
63 (i) when the sex offender must be in a protected area to perform the sex offender's
64 parental responsibilities;
65 (ii) (A) when the protected area is a public or private primary or secondary school; and
66 (B) the school is open and being used for a public activity other than a school-related
67 function that involves a minor; or
68 (iii) (A) if the protected area is a licensed day care or preschool facility located within a
69 building that is open to the public for purposes other than the operation of the day care or
70 preschool facility; and
71 (B) the sex offender does not enter a part of the building that is occupied by the day
72 care or preschool facility; or
73 (b) serve as an athletic coach, manager, or trainer for [any] a sports team of which a
74 minor who is less than 18 years old is a member.
75 (4) A sex offender who violates this section is guilty of a class A misdemeanor.
76 Section 2. Effective date.
77 If approved by two-thirds of all the members elected to each house, this bill takes effect
78 upon approval by the governor, or the day following the constitutional time limit of Utah
79 Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
80 the date of veto override.
-3-

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LEGISLATIVE GENERAL COUNSEL H.B.

1 SEX OFFENDER RESTRICTED AREA AMENDMENTS

26 77-27-21.7. Sex offender restrictions.

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