2018 Legislative Information

2018 Legislative Summary  (Final)

  

Priority Bill

 

SB 81: Children’s Justice Center Program Amendments (R. Okerlund)

Status – Received the full funding ask and a draft is being prepared for enrollment.

 

Bills of Interest

  

HB 75: Child Sexual Abuse Amendments (M. Nelson)

Status – Passed the Senate floor unanimously. A draft of the enrolled bill is being prepared.
▸     Amends the definition of incest by adding stepsiblings – (b) The relationship described in Subsection (25)(a) include: (i) blood relationships of whole or half blood, without regard to legitimacy; (ii) relationships of parent and child or siblings by adoption; and (iii) relationships of stepparent and stepchild or stepsiblings while the marriage creating the relationship of a stepparent [and], stepchild, or stepsibling exists.

 

HB 77: Criminal Code Amendments (M. McKell)

Status – Passed the Senate floor unanimously. The bill has been sent for enrolling.

▸     Provides factors the court may consider before determining whether a defendant's actions amount to indecent liberties. Amends provisions of Section 78A-6-105 and Section 78B-2-308 to incorporate the definition of "indecent liberties" included in this bill. As used in this part, “indecent liberties” means touching, over clothing, of anus, buttocks, or genitals of another individual, or touching, over clothing, of the breast of a female individual.

 

SB 65: Child Neglect Amendments (L. Fillmore)

Status – A draft of the enrolled bill is being prepared.
▸     Amends the definition of "neglect". "Neglect" does not include: a parent or guardian legitimately practicing religious beliefs and who, for that reason, does not provide specified medical treatment for a child. A health care decision made for a child by the child's parent or guardian, unless the state or other party to a proceeding shows, by clear and convincing evidence, that the health care decision is not reasonable and informed. A parent or guardian exercising the right described in Section 78A-6-301.5. Permitting a child, whose basic needs are met and who is of sufficient age and maturity to avoid harm or unreasonable risk of harm, to engage in independent activities,
including: traveling to and from school, including by walking, running, or bicycling, traveling to and from nearby commercial or recreational facilities; engaging in outdoor play; remaining in a vehicle unattended, except under the conditions described in Subsection 76-10-2202(2); remaining at home unattended; or engaging in a similar independent activity.

 

HB 177: Trauma-Informed Justice Provisions (K. Ivory)

Status – Passed the Senate floor unanimously. The bill has been sent for enrolling.

▸    Modifies the duties of the Commission on Criminal and Juvenile Justice. Creates a trauma-informed justice program, including: defining terms; creating a committee; establishing powers and duties of the committee; providing for a performance incentive grant program; and requiring reporting.

 

Other Tracked Bills

The following are bills to be aware of with applicable subject matter:

 

HB 41: Mental Health Crisis Line Amendments (S. Eliason)

Status – Passed the Senate floor unanimously. The bill is sent for enrolling.

 ▸      Directs the Division of Substance Abuse and Mental Health (division) to enter into or modify contracts to provide the statewide mental health crisis line. Requires the division to ensure that the statewide mental health crisis line meets certain staffing and operational standards. Requires local mental health authorities to ensure that local mental health crisis lines meet certain staffing and operational standards. Requires local mental health authorities and the division to ensure that calls may be transferred from local mental health crisis lines to the statewide mental health crisis line to ensure a timely and effective response to calls. Amends the duties of the Mental Health Crisis Line Commission.

 

HB 42: Medicaid Waiver for Mental Health Crisis Services (S. Eliason)

Status – Passed the Senate floor vote. The bill is sent for enrolling.
▸      Requires the Department of Health to seek a Medicaid waiver for certain mental health crisis resources.

 

HB 80: Child Placement Amendments (J. Peterson)

Status – Passed the Senate floor vote unanimously. The bill is sent for enrolling.
▸     Requires the Division of Child and Family Services to determine whether a parent or guardian has an outstanding felony arrest warrant before recommending the return of the child to the custody of that parent or guardian. Allows the juvenile court to deny the return of a child to the custody of a parent or guardian who has an outstanding felony arrest warrant.

 

HB 99: Substance Abuse and Mental Health Act Amendments (E. Redd)

Status – A draft of the enrolled bill is being prepared.

     Changes the date by which local substance abuse authorities and local mental health authorities shall annually submit a service plan to the Division of Substance Abuse and Mental Health within the Department of Human Services. Expands the division's responsibilities with respect to peer support services to include peer support services for individuals with mental health disorders. Amends peer support services provisions. Recodifies peer support services provisions. Requires rulemaking. Clarifies the role of a mental health officer. Removes obsolete references to the Utah State Hospital Board. Removes the exemption of security officers from the public safety retirement system. Updates code provisions in accordance with the existing practice of private hospitals providing inpatient mental health treatment. Makes changes to procedures and criteria for civil commitments. Gives officers authority to not take a mentally ill individual into custody in order to avoid escalating a dangerous situation.

 

HB 119: Sexual Assault Kit Processing Amendments (A. Romero)

Status – A draft of the enrolled bill is being prepared.

▸     Modifies the definition of restricted kit. Clarifies that only medical personnel who collect kit information may classify a kit as restricted.

 

HB 132: Juvenile Justice Modifications (V. Snow)

Status – After a Senate floor amendment, it passed the House and Senate floor votes unanimously. A draft has been sent for enrolling.

▸     Modifies provisions related to responses to school-based behavior. Expands the uses of appropriations for the Enhancement for At-Risk Students Program. Clarifies when a prosecutor may file a petition.

 

HB 139: Telepsychiatric Consultation Access (S. Eliason)

Status – Passed the House and Senate floor votes. A draft of the enrolled bill is being prepared.

▸       Requires the state Medicaid program to reimburse for telepsychiatric consultations. Requires a health benefit plan offered or renewed in the individual or large group market to provide coverage for the use of physician-to-physician psychiatric consultations using telehealth services.

 

HB 287: Aggravated Kidnapping Amendments (L. Snow)

Status – Has been sent to the House for filing.

▸     Removes unlawful detention from the aggravating kidnapping statute. Clarifies that kidnapping is the only lesser included offense of aggravated kidnapping.

 

HB 228: Child Sexual Abuse Prevention Training Amendments (A. Romero)

Status – Passed the Senate floor unanimously. A draft of the enrolled bill is being prepared.

 ▸   Requires school districts and charter schools to provide: on an annual basis, certain child sexual abuse prevention training and instruction; and upon request of the State Board of Education, certain evidence of compliance. [Clarifies that school districts and charter schools shall provide child sexual abuse prevention and awareness training to teachers annually. The time frame was previously undefined.] 

 

HB 264: Elementary School Counselor Program (S. Eliason)

Status – Passed the Senate floor vote. The bill has been sent for enrolling.

▸      Authorizes the State Board of education to award grants to local education agencies to provide targeted school-based mental health supports in elementary schools.

 

HB 308: Telehealth Mental Health Pilot Program (K. Ivory)

Status – Passed the Senate floor unanimously. A draft of the enrolled bill is being prepared.

▸       Requires the Division of Substance Abuse and Mental Health to create a telehealth mental health pilot project grant program for public schools. Creates a reporting requirement.

 

HB 334: Human Trafficking Amendments (A. Romero)

Status – Has been sent to the House for filing.

▸   Clarifies that human trafficking of a child is an offense for which no statute of limitations applies. Clarifies that those who knowingly benefit from human trafficking of a child can be charged as perpetrators. Clarifies that victims of human trafficking may pursue civil actions against anyone who knowingly benefitted from the trafficking. Replaces references to "children engaged in prostitution" with "children engaged in commercial sex." Directs law enforcement to investigate possible human trafficking of a child when they encounter a child engaged in commercial sex. Creates a first degree felony offense for trafficking a vulnerable adult. 

 

HB 343: Youth and Child Welfare Amendments (W. Brooks)

Status – Passed the House and Senate floor vote unanimously. The bill has been sent for enrolling.

▸ Amends the definition of sexual abuse. Amends provisions related to runaway children. Allows a court to grant temporary emancipation pending an emancipation adjudication.

 

HB 439: Coordinated Penalties for Sexual Abuse (L. Christensen)

Status – Passed the House and Senate floor votes unanimously. The bill has been sent for enrolling.

Creates a one level enhancement for sexual abuse when the actor is a teacher, employee, or volunteer in a school and the victim is a student.

 

SB 27: Domestic Violence, Dating Violence, and Stalking Amendments (T. Weiler)

Status – A House substituted bill was declined by the Senate and sent to a conference committee. A conference committee report was passed and approved by both the Senate and House. A draft of the enrolled bill is being prepared.

     Modifies definition of "crime victim" as it relates to dating violence. Addresses violation of specified protective orders. Modifies definition of "cohabitant" and "ex parte protective order". Amends provisions for forms of petitions and protective orders. Addresses duties of law enforcement officers. Addresses when and how a court may act ex parte. Modifies provisions related to mutual protective orders. Amends continuing duty to inform court of other proceedings. Addresses dismissal or expiration of protective orders.

 

SB 86: Victim Targeting Penalty Enhancements (D. Thatcher)

Status – Has been sent to the Senate for filing.

▸    Provides for an enhanced penalty for a criminal offense if the offender acted against an individual because of the offender's perception of the individual's ancestry, disability, ethnicity, gender, gender identity, national origin, race, religion, or sexual orientation. Provides the same enhancement provisions if the criminal offense damages property and the offender acted against the property because of the offender's perception of the property owner's ancestry, disability, ethnicity, gender, gender identity, national origin, race, religion, or sexual orientation. Provides that this bill does not affect an individual's constitutional right of free speech or any other constitutional rights.

 

SB 134 Material Harmful to Minors Amendments (T. Weiler)

Status – Passed the House floor unanimously. A draft of the enrolled bill is being prepared.

▸  amends the definition of Internet service provider; requires an Internet service provider to notify consumers and the Division of Consumer Protection of the ability to block material harmful to minors; 

 

SB 213: Human Trafficking Prevention Training (T. Weiler)

Status – Has been sent to the Senate for filing.

▸    Requires an individual to complete a human trafficking prevention course before the issuance or renewal of a commercial driver license. Requires the Driver License Division to make rules: authorizing a person to administer a human trafficking prevention course; and requiring the issuance of a certificate to an individual who completes a human trafficking prevention course. 

 

SJR 7: Joint Resolution Designating Post-Traumatic Stress Injury Awareness Day and Month (P. Knudson)

Status – A draft of the enrolled bill is being prepared.

▸ This joint resolution of the Legislature designates June 27, 2018, as Utah Post-Traumatic Stress Injury Awareness Day and June 2018 as Utah Post-Traumatic Stress Injury Awareness Month.