HB 359: Juvenile Justice Amendments - Utah

Amended 3/5/2025 15:03:510 → Substitute #1 · 7 edits

MODERATE

This bill reorganizes and clarifies Utah's juvenile justice notification and reporting requirements for offenses committed by students on school grounds. It defines key terms, establishes specific notification procedures for school employees and principals, grants immunity from liability for good-faith reporting, and sets rules for investigations and searches related to drug offenses. The bill also updates eligibility criteria for nonjudicial adjustments and restricts expungement of juvenile records for certain drug offenses.

Scope change

The bill recodifies existing statutes into a more organized structure, clarifies definitions of 'school employee' and 'school-sponsored activity', and expands notification requirements to include specific procedures for law enforcement referrals and student privacy protections.

DEFINITION

Added new definitions for 'school', 'school employee', 'school is in session', and 'school-sponsored activity' to clarify who and what is covered under notification requirements.

REQUIREMENT

Updated notification procedures to require principals to notify law enforcement, school personnel, and parents/guardians when an offense is reported by a school employee.

ENFORCEMENT

Granted immunity from civil and criminal liability for school employees and principals who report offenses in good faith.

Allowed principals to investigate drug offenses involving school property or students before notifying law enforcement, with specific search standards.

ELIGIBILITY

Updated eligibility criteria for nonjudicial adjustments in juvenile court, including restrictions based on drug offenses and prior adjudications.

Restricted expungement of juvenile records if the petitioner has been adjudicated or convicted of certain drug offenses within two years before filing.

TECHNICAL

Renumbered and reorganized existing statutes for better clarity and consistency.

Amended Excerpts 3/5/2025 15:03:510 → Amended 3/5/2025 15:03:510 · 6 edits

MODERATE

This bill reorganizes and amends Utah's juvenile justice and school safety statutes, primarily focusing on notification requirements for offenses committed by students on school grounds. The changes include renumbering sections, updating definitions, and modifying procedures for investigations and searches related to drug offenses involving school property.

Scope change

The bill shifts from scattered notification requirements to a consolidated framework under Part 5, expanding definitions of school employees and clarifying notification procedures for offenses on school grounds.

DEFINITION

Added comprehensive definitions for 'school employee' and 'school-sponsored activity' to clarify who and what activities are covered under notification requirements.

REQUIREMENT

Modified notification procedures for offenses committed by students on school grounds, now requiring principals to report evidence to law enforcement when they notify officers of drug offenses.

ENFORCEMENT

Updated investigation and search procedures related to drug offenses, requiring searches to be based on reasonable belief and measures to be reasonably related to objectives.

ELIGIBILITY

Added provisions restricting expungement eligibility for juveniles adjudicated or convicted of certain drug offenses within two years.

TECHNICAL

Repealed multiple older statutes regarding notification and reporting of prohibited acts by students that are now consolidated into new sections.

Renumbered and reorganized statutory sections to improve clarity and consistency across juvenile justice provisions.

Introduced → Amended Excerpts 3/5/2025 15:03:510 · 3 edits

MINOR

This amendment narrows the scope of investigations and searches for drug offenses on school property, requiring principals to report discovered evidence to law enforcement and limiting searches to reasonable belief of drug offenses. It also clarifies that drug offense investigations must specifically involve school property, students, or employees, and adds a reporting requirement for evidence found during drug offense investigations.

Scope change

The bill's scope was narrowed to focus specifically on drug offenses rather than all offenses when conducting investigations and searches on school property.

REQUIREMENT

Added requirement for principals to report evidence discovered during drug offense investigations to law enforcement when notifying them of the offense.

Narrowed investigation authority to specifically involve drug offenses described in Section 58-37-8 rather than all offenses.

Modified search standards to require reasonable belief that the search will turn up evidence of a drug offense specifically.

Juvenile Justice Amendments

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