SB0092 • 2026

Prosecution Amendments

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Sen. Wilson, Chris H.
Last action: 2026-03-23
Official status: Governor Signed
Effective date: Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Prosecution Amendments

This bill amends the prohibition on a subsequent prosecution.

What This Bill Does

This bill amends the prohibition on a subsequent prosecution.

Limits and Unknowns

This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Bill History

2026-03-23 Lieutenant Governor's office for filing
Governor Signed
2026-03-13 Senate Secretary
Senate/ received enrolled bill from Printing
2026-03-13 Executive Branch - Governor
Senate/ to Governor
2026-03-11 Senate Secretary
Enrolled Bill Returned to House or Senate
2026-03-11 Senate Secretary
Senate/ enrolled bill to Printing
2026-03-06 Legislative Research and General Counsel / Enrolling
Bill Received from Senate for Enrolling
2026-03-06 Legislative Research and General Counsel / Enrolling
Draft of Enrolled Bill Prepared
2026-03-06 Senate President
Senate/ received from House
2026-03-06 Legislative Research and General Counsel / Enrolling
Senate/ signed by President/ sent for enrolling
2026-03-05 House 3rd Reading Calendar for Senate bills
House/ 3rd reading
2026-03-05 House Speaker
House/ passed 3rd reading
2026-03-05 Senate President
House/ signed by Speaker/ returned to Senate
2026-03-05 Senate President
House/ to Senate
2026-02-26 House Judiciary Committee
House Comm - Favorable Recommendation
2026-02-26 House 3rd Reading Calendar for Senate bills
House/ 2nd reading
2026-02-26 House Judiciary Committee
House/ committee report favorable
2026-02-25 House Judiciary Committee
House/ to standing committee
2026-02-24 House Rules Committee
House/ 1st reading (Introduced)
2026-02-23 Clerk of the House
House/ received from Senate
2026-02-23 Senate 3rd Reading Calendar
Senate/ 3rd reading
2026-02-23 Senate 3rd Reading Calendar
Senate/ circled
2026-02-23 Clerk of the House
Senate/ passed 3rd reading
2026-02-23 Clerk of the House
Senate/ to House
2026-02-23 Senate 3rd Reading Calendar
Senate/ uncircled
2026-02-20 Released
LFA/ fiscal note publicly available for SB0092S01
2026-02-20 Version Sponsor
LFA/ fiscal note sent to sponsor for SB0092S01
2026-02-20 Senate 2nd Reading Calendar
Senate/ 2nd reading
2026-02-20 Senate 3rd Reading Calendar
Senate/ passed 2nd reading
2026-02-20 Senate 2nd Reading Calendar
Senate/ substituted
2026-02-19 Legislative Fiscal Analyst
LFA/ bill assigned to staff for fiscal analysis for SB0092S01
2026-02-19 Legislative Fiscal Agency
LFA/ bill sent to agencies for fiscal input for SB0092S01
2026-02-06 Senate Judiciary, Law Enforcement, and Criminal Justice Committee
Senate/ comm rpt/ amended
2026-02-06 Senate 2nd Reading Calendar
Senate/ placed on 2nd Reading Calendar
2026-02-04 Senate Judiciary, Law Enforcement, and Criminal Justice Committee
Senate Comm - Amendment Recommendation
2026-02-04 Senate Judiciary, Law Enforcement, and Criminal Justice Committee
Senate Comm - Favorable Recommendation
2026-01-20 Senate Rules Committee
Senate/ 1st reading (Introduced)
2026-01-20 Senate Judiciary, Law Enforcement, and Criminal Justice Committee
Senate/ to standing committee
2026-01-19 Waiting for Introduction in the Senate
Senate/ received fiscal note from Fiscal Analyst
2026-01-17 Released
LFA/ fiscal note publicly available for SB0092
2026-01-17 Version Sponsor
LFA/ fiscal note sent to sponsor for SB0092
2026-01-12 Waiting for Introduction in the Senate
Senate/ received bill from Legislative Research
2026-01-06 Legislative Research and General Counsel
Bill Numbered but not Distributed
2026-01-06 Legislative Fiscal Analyst
LFA/ bill assigned to staff for fiscal analysis for SB0092
2026-01-06 Legislative Fiscal Agency
LFA/ bill sent to agencies for fiscal input for SB0092
2026-01-06 Legislative Research and General Counsel
Numbered Bill Publicly Distributed

Official Summary Text

This bill amends the prohibition on a subsequent prosecution.

Current Bill Text

Read the full stored bill text

6
76-1-405
0
Prosecution Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Chris H. Wilson
House Sponsor: Casey Snider
LONG TITLE
General Description:
This bill amends the prohibition on a subsequent prosecution.
Highlighted Provisions:
This bill:
defines terms;
provides that a subsequent prosecution for an offense is not barred in certain
circumstances;
allows a court to reduce a sentence for a homicide offense in certain circumstances;
allows the Board of Pardons and Parole to provide credit for time served with regard to a
homicide offense in certain circumstances; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-1-405
, as enacted by Laws of Utah 1973, Chapter 196
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
76-1-405
is amended to read:
76-1-405
. Subsequent prosecution not barred -- Circumstances.
(1)
As used in this section:
(a)
"Homicide offense" means an offense for:
(i)
aggravated murder, as described in Section
76-5-202
;
(ii)
murder, as described in Section
76-5-203
;
(iii)
manslaughter, as described in Section
76-5-205
;
(iv)
negligent homicide, as described in Section
76-5-206
;
(v)
automobile homicide, as described in Section
76-5-207
;
(vi)
child abuse homicide, as described in Section
76-5-208
; or
(vii)
homicide by assault, as described in Section
76-5-209
.
(b)
"Serious bodily injury" means the same as that term is defined in Section
76-1-101.5
.
(2)
A
Notwithstanding Sections
76-1-401
and
76-1-404
, a
subsequent prosecution for
an offense
shall not be barred under the following circumstances
is not barred if
:
(1)
(a)
The
the
former prosecution was procured by the defendant without the
knowledge of the prosecuting attorney bringing the subsequent prosecution and with
intent to avoid the sentence that might otherwise be imposed;
or
(2)
(b)
The
the
former prosecution resulted in a judgment of guilt held invalid in a
subsequent proceeding on writ of habeas corpus, coram nobis, or similar collateral
attack
.
; or
(c)
(i)
the former prosecution was for an offense that resulted in serious bodily injury
to an individual;
(ii)
the subsequent prosecution is for a homicide offense because the individual died
from the serious bodily injury and the serious bodily injury was the proximate
cause of the individual's death;
(iii)
the individual died after the former prosecution concluded with a conviction or a
dismissal if the dismissal was without prejudice; and
(iv)
except as provided in Subsection
(3)
, the individual died within 10 years after the
day on which the former prosecution concluded with the conviction or dismissal.
(3)
Subsection
(2)(c)(iv)
is not required when bringing a subsequent prosecution under
Subsection
(2)(c)
if the former prosecution resulted in a conviction or dismissal for:
(a)
attempted aggravated murder, as described in Subsection
76-4-102(1)(a)(ii)
;
(b)
attempted murder, as described in Section
76-4-102(1)(c)
;
(c)
aggravated child abuse that is a first degree felony, as described in Section
76-5-109.2
;
or
(d)
child torture, as described in Section
76-5-109.4
.
(4)
A prosecuting attorney may not prosecute a defendant in a subsequent prosecution
under Subsection
(2)(c)
for any other offense other than a homicide offense.
(5)
(a)
Notwithstanding Section
76-3-406
, when sentencing a defendant convicted of a
homicide offense in a subsequent prosecution as described in Subsection
(2)(c)
, the
court may reduce the minimum term that a defendant is statutorily required to serve
in prison before becoming eligible for parole if:
(i)
the defendant was convicted of an offense in the former prosecution and served a
prison sentence for the conviction;
(ii)
the court determines that it would be in the interest of justice to reduce the
minimum term that the defendant is statutorily required to serve in prison before
becoming eligible for parole for the homicide offense; and
(iii)
the amount of time that the court reduces the minimum term of the sentence is no
greater than the amount of time that the defendant was in custody for the prison
sentence described in Subsection
(5)(a)(i)
.
(b)
The court may not grant probation, or suspend the execution of a defendant's
sentence, under Subsection
(5)(a)
.
(6)
When a defendant is sentenced to a term of imprisonment for a conviction under
Subsection
(2)(c)
, the Board of Pardons and Parole may provide credit for any time
served in prison for a conviction in the former prosecution toward the term of
imprisonment for the subsequent conviction.
Section 2.
Effective Date.
This bill takes effect on
May 6, 2026
.
3-6-26 4:21 PM