Utah HB 174: H.B. 174 Conviction Reduction Amendments

Bill Text

Enrolled Copy H.B. 174
1 CONVICTION REDUCTION AMENDMENTS
2 2023 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Jordan D. Teuscher
5 Senate Sponsor: Todd D. Weiler
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions related to the reduction of the degree of an offense for a
10 conviction.
11 Highlighted Provisions:
12 This bill:
13 < defines terms;
14 < modifies the requirements for reducing the degree of an offense for a conviction
15 after the defendant is sentenced; and
16 < makes technical and conforming changes.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 76-3-402, as last amended by Laws of Utah 2021, Chapter 293
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 76-3-402 is amended to read:
27 76-3-402. Conviction of lower degree of offense -- Procedure and limitations.
28 (1) As used in this section[, "lower]:
29 (a) "Lower degree of offense" includes an offense for which:

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30 [(a)] (i) a statutory enhancement is charged in the information or indictment that would
31 increase either the maximum or the minimum sentence; and
32 [(b)] (ii) the court removes the statutory enhancement in accordance with this section.
33 (b) "Minor regulatory offense" means the same as that term is defined in Section
34 77-40a-101.
35 (c) (i) "Rehabilitation program" means a program designed to reduce criminogenic and
36 recidivism risks.
37 (ii) "Rehabilitation program" includes:
38 (A) a domestic violence treatment program, as that term is defined in Section
39 62A-2-101;
40 (B) a residential, vocational, and life skills program, as that term is defined in Section
41 13-53-102;
42 (C) a substance abuse treatment program, as that term is defined in Section 62A-2-101;
43 (D) a substance use disorder treatment program, as that term is defined in Section
44 62A-2-101;
45 (E) a youth program, as that term is defined in Section 62A-2-101;
46 (F) a program that meets the standards established by the Department of Corrections
47 under Section 64-13-25;
48 (G) a drug court, a veterans court, or a mental health court certified by the Judicial
49 Council; or
50 (H) a program that is substantially similar to a program described in Subsections
51 (1)(c)(ii)(A) through (G).
52 (d) "Serious offense" means a felony or misdemeanor offense that is not a minor
53 regulatory offense or a traffic offense.
54 (e) "Traffic offense" means the same as that term is defined in Section 77-40a-101.
55 (f) (i) Except as provided in Subsection (1)(f)(ii), "violent felony" means the same as
56 that term is defined in Section 76-3-203.5.
57 (ii) "Violent felony" does not include an offense, or any attempt, solicitation, or

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58 conspiracy to commit an offense, for:
59 (A) the possession, use, or removal of explosive, chemical, or incendiary devices under
60 Subsection 76-10-306(3), (5), or (6); or
61 (B) the purchase or possession of a dangerous weapon or handgun by a restricted
62 person under Section 76-10-503.
63 (2) The court may enter a judgment of conviction for a lower degree of offense than
64 established by statute and impose a sentence at the time of sentencing for the lower degree of
65 offense if the court:
66 (a) takes into account:
67 (i) the nature and circumstances of the offense of which the defendant was found
68 guilty; and
69 (ii) the history and character of the defendant;
70 (b) gives any victim present at the sentencing and the prosecuting attorney an
71 opportunity to be heard; and
72 (c) concludes that the degree of offense established by statute would be unduly harsh to
73 record as a conviction on the record for the defendant.
74 (3) Upon a motion from the prosecuting attorney or the defendant, the court may enter
75 a judgment of conviction for a lower degree of offense than established by statute:
76 (a) after the defendant is successfully discharged from probation or parole for the
77 conviction; and
78 (b) if the court finds that entering a judgment of conviction for a lower degree of
79 offense is in the interest of justice in accordance with Subsection (7).
80 (4) Upon a motion from the prosecuting attorney or the defendant, the court may enter
81 a judgment of conviction for a lower degree of offense than established by statute if:
82 (a) the defendant's probation or parole for the conviction did not result in a successful
83 discharge but the defendant is successfully discharged from probation or parole for a
84 subsequent conviction of an offense;
85 (b) (i) at least five years have passed after the day on which the defendant is sentenced

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86 for the subsequent conviction; or
87 (ii) at least three years have passed after the day on which the defendant is sentenced
88 for the subsequent conviction and the prosecuting attorney consents to the reduction;
89 (c) the defendant is not convicted of a serious off