| (1) |
Attorney's NoteUnder the Utah Code, punishments for crimes depend on the classification. In the case of this section:
| Class | Prison | Fine |
|---|
| class B misdemeanor | up to 6 months | up to $1,000 |
For details, see Utah Code § 76-3-204
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Terms Used In Utah Code 77-38-609- Actual address: means the residential street address of the program participant that is stated in a program participant's application for enrollment or on a notice of a change of address under Section 77-38-610. See Utah Code 77-38-601
- Assigned address: means an address designated by the commission and assigned to a program participant. See Utah Code 77-38-601
- Commission: means the State Commission on Criminal and Juvenile Justice created in Section 63M-7-201. See Utah Code 77-38-601
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means :Utah Code 68-3-12.5
- Program: means the Safe at Home Program created in Section 77-38-602. See Utah Code 77-38-601
- Program participant: means an individual who is enrolled under Section 77-38-606 by the commission to participate in the program. See Utah Code 77-38-601
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- State or local government entity: means a county, municipality, higher education institution, special district, special service district, or any other political subdivision of the state or an administrative subunit of the executive, legislative, or judicial branch of this state, including:
| (a) | a law enforcement entity or any other investigative entity, agency, department, division, bureau, board, or commission; or |
| (b) | an individual acting or purporting to act for or on behalf of a state or local entity, including an elected or appointed public official. See Utah Code 77-38-601 |
| (a) |
The commission may not disclose a program participant’s actual address, unless:
| (i) |
required by a court order; or |
| (ii) |
the commission grants a request from a state or local government entity under Section 77-38-612. |
|
| (b) |
The commission shall provide a program participant immediate notification of a disclosure of the program participant’s actual address if the disclosure is made under Subsection (1)(a)(i) or (ii). |
| (2) |
If, at the time of application, an applicant, or a parent or guardian of an applicant, is subject to a court order relating to a divorce proceeding, a child support order or judgment, or an allocation of custody or parent-time, the commission shall provide notice of whether the applicant is enrolled under the program and the assigned address of the applicant to the court that issued the order or has jurisdiction over the action. |
| (3) |
A person may not knowingly or intentionally obtain a program participant’s actual address from the commission or any state or local government entity if the person is not authorized to obtain the program participant’s actual address. |
| (4) |
Unless the disclosure is permitted under this part or is otherwise permitted by law, an employee of the commission or a state or local government entity may not knowingly or intentionally disclose a program participant’s actual address if:
| (a) |
the employee obtains a program participant’s actual address during the course of the employee’s official duties; and |
| (b) |
at the time of disclosure, the employee has specific knowledge that the address is the actual address of the program participant. |
|
| (5) |
A person who intentionally or knowingly obtains or discloses information in violation of this part is guilty of a class B misdemeanor. |
Amended by Chapter 237, 2023 General Session
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