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House passes bill allowing some offenders to petition for registry removal after five years
Summary
The Utah House passed House Bill 13 on Feb. 6, 2012, allowing people convicted of certain less-serious offenses to petition a court for removal from the offender registry after five years if they meet specified conditions; the bill passed 70–0.
Representative Draxler, sponsor of House Bill 13, told the House the measure would create a judicial petition process that allows certain people placed on the offender registry to seek removal after five years if they meet strict conditions. “This bill allows a person who has been convicted of 1 of the 2 least egregious offenses that can place a person on the offender registry to petition the court for removal after 5 years,” he said, summarizing the amendment he offered on the floor.
The amendment Draxler described narrowed the pool of eligible petitioners by setting maximum age differentials in cases involving minors, required petitioners to satisfy all court-ordered restitution and registration obligations, and directed prosecutors to submit available pre-sentence and evaluation materials to the court. The amendment also requires the court to hold a hearing if requested by the prosecutor or the victim, but Draxler emphasized victims would not be forced to participate.
Supporters said the bill balances public safety and the possibility of rehabilitation. Representative McKiff said HB 13 “is carefully drawn” and gives judges “the full file, the full history” needed to decide whether removal is appropriate. Representative Menlove and others described constituent cases in which long registry placement harmed employment, family life and community participation.
Some members urged caution. Representative Cosgrove said he was “supportive of this bill, but…very hesitant” about unintended consequences and asked for safeguards so victims and children would not be put at risk. Representative Herod asked whether victims had been consulted; Draxler said the Utah Council on Victims of Crime had endorsed the bill and that victims’ participation is voluntary.
The House adopted amendment #5 and later voted on final passage. House Bill 13 passed the House 70–0 and will be transmitted to the Senate for further consideration.
What happens next: the bill will go to the Senate for its consideration; if enacted, affected individuals could begin petitioning courts under the bill’s conditions once any implementing rules and coordination with related bills are in place.
