Senate Bill 23, 2024, proposes certain changes to Utah’s sex and kidnap offender registry, and child abuse offender registry. The chief purpose of the bill is to combine the different registries into a single, consolidated registry that would be called the “Sex, Kidnap, and Child Abuse Offender Registry.” One of the sections affected by the SB 23 is Utah Code 76-3-402 which governs eligibility for a “402 reductions” in the level of a conviction.
Effect on 402 Reduction Eligibility – Utah Code 76-3-402
More than 50 individual sections of the Utah Code would be affected by SB 23. Most of the changes would be technical and conforming changes (i.e., amending other code sections to match the new language and section citations resulting from the main amendments).
The Bill would remove subsection (15) from section 76-3-402, which is essentially rendered redundant by the amendments proposed to subsection (14). Whereas the current subsection (15) addresses eligibility for a 402 reduction for individuals required to register as a child abuse offender, the revised statute would incorporate into subsection (14) the eligibility restrictions for any sex, kidnap, or child abuse offender.
Kidnap Offender Exception Eliminated
One consequence of the proposed changes involves eligibility for “kidnap offenders” under section 76-3-402.
The current version of the statute restricts eligibility for individuals required “to register as a sex offender [on Utah’s] Sex and Kidnap Offender Registry.” Since the registry defines “sex offender” and “kidnap offender” as separate categories, the current 402 reduction eligibility restriction appears to apply only to those who meet the “sex offender” definition.
The proposed amendments to section 76-3-402 not only changes the name of the registry, but also explicitly adds kidnap offenders to the list of individuals to whom the eligibility restriction applies.
Expungement Eligibility
The proposed amendments include technical changes to Utah’s expungement eligibility laws, but do not add language to the Expungement Act referencing those required to register as a “kidnap offender.” The absence of this specific language does not expand eligibility, as those required to register as a kidnap offender are already barred from expungement eligibility under the restriction for “violent felony” convictions as defined in Utah Code 76-3-203.5.
Summary
The amended section 76-3-402 would retain the eligibility restrictions for individuals required to register as a sex child abuse offender, and expands those restrictions to specifically include those who are required to register as a kidnap offender. Those individuals subject to a lifetime registration requirement on the new consolidated registry would not be eligible for a 402 reduction. Other individuals subject to registration only for a time (e.g., 10-year registration) could only be eligible after the period of required registration was completed.