Utah H.B. 6010: Sentencing Modification Amendments

Bill Text

H
.B
. 6010
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: J. Carlton 6
6 08-17-20 8:31 PM 6
H.B. 6010
1 SENTENCING MODIFICATION AMENDMENTS
2 2020 SIXTH SPECIAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Stephanie Pitcher
5 Senate Sponsor: Todd Weiler
6
7 LONG TITLE
8 General Description:
9 This bill enacts and amends provisions related to the modification of an individual's jail
10 sentence in a public health emergency.
11 Highlighted Provisions:
12 This bill:
13 < enacts the Sentence Modification in Emergencies Act;
14 < defines terms;
15 < allows for an individual who is committed to a county jail and for whom probation has
16 been terminated, or a prosecuting attorney, to file a petition for extraordinary relief for
17 modification of the individual's sentence in a declared emergency;
18 < provides the requirements for filing a petition to modify an individual's sentence;
19 < provides the grounds for which a court may modify an individual's sentence;
20 < requires that notice of a petition and hearing is given to certain individuals;
21 < allows for a hearing on the petition when there is an objection by a party or victim;
22 < allows an indigent individual to request the appointment of counsel for a hearing on a
23 petition to modify the individual's sentence;
24 < provides a sunset date for the Sentence Modification in Emergencies Act;
25 < amends provisions of the Post Conviction Remedies Act relating to applicability; and
26 < makes technical and conforming changes.
27 Money Appropriated in this Bill:
*HB6010*

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28 None
29 Other Special Clauses:
30 This bill provides a special effective date.
31 Utah Code Sections Affected:
32 AMENDS:
33 63I-1-253, as last amended by Laws of Utah 2020, Chapters 154, 174, 214, 234, 242, 269,
34 335, and 354
35 78B-9-102, as last amended by Laws of Utah 2017, Chapter 450
36 ENACTS:
37 53-2d-101, Utah Code Annotated 1953
38 53-2d-102, Utah Code Annotated 1953
39 53-2d-103, Utah Code Annotated 1953
40 53-2d-104, Utah Code Annotated 1953
41
42 Be it enacted by the Legislature of the state of Utah:
43 Section 1. Section 53-2d-101 is enacted to read:
44 CHAPTER 2d. SENTENCE MODIFICATION IN EMERGENCIES ACT
45 53-2d-101. Title.
46 This chapter is known as the "Sentence Modification in Emergencies Act."
47 Section 2. Section 53-2d-102 is enacted to read:
48 53-2d-102. Definitions.
49 As used in this chapter:
50 (1) "Declared emergency" means the period of time that:
51 (a) begins on the day on which a state of emergency is declared by the governor under
52 Section 53-2a-206 in response to a public health emergency and ends on the day on which the
53 state of emergency expires or terminates under Section 53-2a-206;
54 (b) begins on the day on which a local emergency is declared by the chief executive
55 officer of a municipality or county under Section 53-2a-208 in response to a public health
56 emergency and ends the day on which the local emergency expires or is terminated by the chief
57 executive officer or the governing body of the municipality or county; or

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58 (c) begins on the day on which the executive director of the department issues an order
59 under Section 26-1-10 in response to a public health emergency and ends on the day on which the
60 order expires or is terminated by the executive director of the department.
61 (2) "Department" means the Department of Health created in Section 26-1-4.
62 (3) "Epidemic or pandemic disease":
63 (a) means the occurrence, in a community or region, of cases of an illness clearly in
64 excess of normal expectancy; and
65 (b) includes diseases designated by the department that have the potential to cause
66 serious illness or death.
67 (4) (a) "Jail inmate" means an individual:
68 (i) who is committed to a county jail; and
69 (ii) for whom probation has been terminated.
70 (b) "Jail inmate" does not include an individual:
71 (i) under the jurisdiction of the Board of Pardons and Parole; or
72 (ii) who is committed to a county jail with a statutory minimum jail or prison term.
73 (5) "Public health emergency" means an occurrence or imminent credible threat of an
74 illness or health condition:
75 (a) that is caused by epidemic or pandemic disease;
76 (b) that poses a substantial risk of a significant number of human fatalities or incidents of
77 permanent or long-term disability; and
78 (c) (i) for which, under Title 53, Chapter 2a, Part 2, Disaster Response and Recovery
79 Act:
80 (A) the governor has declared a state of emergency; or
81 (B) a chief executive officer of a municipality or county has declared a local emergency;
82 or
83 (ii) for which the executive director of the department has issued an order under Section
84 26-1-10.
85 (6) "Prosecuting attorney" means:
86 (a) the attorney general and any assistant attorney general;
87 (b) any district attorney or deputy district attorney;
88 (c) any county attorney or assistant county attorney; and

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