UtahUtah law sets rules for workplace silence and youth diversion
Starting January 1, 2027, Utah law addresses workplace agreements about sexual misconduct, youth diversion in some cases, and definitions used across state rules.
What it does
The law says workplace agreements cannot bar workers from discussing sexual assault or harassment. Employers may not punish workers for making an allegation or refusing such a clause.
A judge may extend a youth’s diversion plan beyond 180 days when the youth needs specific treatment that cannot be completed sooner and a clinical assessment supports it.
A court may grant diversion in some cases involving a person under 16 accused of a sexual offense, but only after making specific findings about the case and the people involved.
The law uses different lists of sexual offenses for different rules. Some lists leave out offenses such as sexual battery or lewdness, but the exclusions vary.
Argument forWorkers could speak about sexual misconduct with less fear of being silenced or punished for making an allegation.
Argument againstA court could keep a young person in diversion for longer treatment, which may extend the time they face court oversight.
More detail
Employers may not use certain confidentiality clauses to silence workers about sexual misconduct. These rules cover current and former employees and employers of any size. A worker may withdraw from a settlement with a covered confidentiality clause within three business days after agreeing to it. An agreement may still protect the settlement amount, facts that could identify the worker at the worker’s request, and certain business secrets. The law takes effect January 1, 2027.
A juvenile court judge may extend some youth diversion plans for treatment. This applies to a minor offered diversion or referred to a prosecutor for a covered sexual offense committed before age 12. The extension may apply when the alleged sexual offense occurred before the youth turned 12 and is not one of the listed excluded offenses. The judge must find that specific treatment is needed, cannot be completed within 180 days, and is necessary based on a developmentally appropriate clinical assessment. Each extension may last up to 90 days, and the judge may continue extensions until the treatment is complete.
A court may allow diversion for some people under 16 accused of sexual offenses. This applies when the person accused was under 16 at the time of a covered sexual offense. The offense must not be one of the listed excluded offenses. The court must find that the case would have been handled in juvenile court but for delayed reporting or filing, unless specified juvenile-court transfer rules apply; there was no force or coercion; the participants were no more than three years apart in age; and diversion is in the person's best interest. No specific start or end date for an individual diversion is stated here.
Utah statutes define sexual offenses differently for different rules. The definitions apply in particular rules for areas such as medical care, school matters, crime-victim rights, and protective orders. Several definitions exclude offenses such as enticing a minor, sexual battery, or lewdness; the exclusions vary by rule. These definitions do not by themselves make conduct a crime or provide a new service or benefit. The law takes effect January 1, 2027.
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Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Mar 26Governor Spencer Cox SignedBecame Law
- Mar 16House/ to GovernorTo Governor
- Mar 16House/ received enrolled bill from PrintingMinor
- Mar 12House/ enrolled bill to Printing
- Mar 12Enrolled Bill Returned to House or SenateMinor
- Mar 10Draft of Enrolled Bill Prepared
- Mar 10Bill Received from House for EnrollingMinor
- Mar 7House/ signed by Speaker/ sent for enrollingMajor
- Vote recorded House/ concurs with Senate amendment. Result: pass.Lower
- Mar 7House/ received from SenateMinor
- Mar 7Senate/ to House
- Mar 7Senate/ signed by President/ returned to HouseMajor
- Mar 7Senate/ received from HouseMinor
- Mar 7House/ to Senate
- Mar 7House/ concurs with Senate amendmentMajor
- Mar 7House/ uncircled
- Mar 7House/ circled
- Mar 6House/ placed on Concurrence Calendar
- Vote recorded Senate/ passed 2nd & 3rd readings/ suspension. Result: pass.Upper
- Mar 6House/ received from SenateMinor
- Mar 6Senate/ to House with amendments
- Mar 6Senate/ passed 2nd & 3rd readings/ suspensionPassed Senate
- Mar 6Senate/ 2nd & 3rd readings/ suspensionMinor
- Mar 6Senate/ Rules to 2nd Reading Calendar
- Mar 5Senate/ 2nd Reading Calendar to Rules [Senate Rules Committee]Minor
- Mar 3LFA/ fiscal note publicly available for HB0090S02
- Mar 3LFA/ fiscal note sent to sponsor for HB0090S02
- Mar 2LFA/ fiscal note publicly available for HB0090S01
- Mar 2LFA/ fiscal note sent to sponsor for HB0090S01
- Mar 2Senate/ placed on 2nd Reading Calendar
- Mar 2Senate/ comm rpt/ substituted [Senate Judiciary, Law Enforcement, and Criminal Justice Committee]
- Feb 27Senate Comm - Favorable Recommendation [Senate Judiciary, Law Enforcement, and Criminal Justice Committee]Minor
- Feb 27Senate Comm - Substitute Recommendation [Senate Judiciary, Law Enforcement, and Criminal Justice Committee]Major
- Feb 27LFA/ bill sent to agencies for fiscal input for HB0090S02
- Feb 27LFA/ bill assigned to staff for fiscal analysis for HB0090S02
- Feb 27LFA/ bill sent to agencies for fiscal input for HB0090S01
- Feb 27LFA/ bill assigned to staff for fiscal analysis for HB0090S01
- Feb 20Senate/ to standing committee [Senate Judiciary, Law Enforcement, and Criminal Justice Committee]Minor
- Feb 9Senate/ 1st reading (Introduced)Minor
- Feb 9Senate/ received from HouseMinor
- Feb 9House/ to Senate
- Feb 6House/ held
- Vote recorded House/ passed 3rd reading. Result: pass.Lower
- Feb 6House/ passed 3rd readingPassed House
- Feb 6House/ 3rd readingMinor
- Jan 29House/ 2nd readingMinor
- Jan 29House/ committee report favorable [House Law Enforcement and Criminal Justice Committee]Minor
- Jan 28House Comm - Favorable Recommendation [House Law Enforcement and Criminal Justice Committee]Minor
- Jan 27House/ to standing committee [House Law Enforcement and Criminal Justice Committee]Minor
- Jan 22House/ received fiscal note from Fiscal AnalystMinor
- Jan 22LFA/ fiscal note publicly available for HB0090
- Jan 20House/ 1st reading (Introduced)Minor
- Jan 20LFA/ fiscal note sent to sponsor for HB0090
- Jan 14House/ received bill from Legislative ResearchMinor
- 2025
- Dec 23LFA/ bill sent to agencies for fiscal input for HB0090
- Dec 23LFA/ bill assigned to staff for fiscal analysis for HB0090
- Dec 23Numbered Bill Publicly Distributed
- Dec 23Bill Numbered but not DistributedIntroduced
Criminal JusticeCivil Rights & Voting