Justice System Amendments

5
10-3-928
76-3-402
0
Justice System Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Stephanie Pitcher
House Sponsor: Ryan D. Wilcox
LONG TITLE
General Description:
This bill amends provisions related to the justice system.
Highlighted Provisions:
This bill:
provides that a city attorney may employ a deputy attorney to perform the duties of public
prosecutor or civil counsel;
provides that a city attorney may deputize, for a limited time or limited purpose, an
attorney licensed to practice law in the state and in good standing with the Utah State
Bar;
provides that a court may enter a judgment of conviction for a lower degree of offense
than established by statute if a defendant, within one year after sentencing, provides
substantial assistance in the criminal investigation, arrest, or prosecution of another
individual; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
10-3-928
, as last amended by Laws of Utah 2018, Chapter 24
76-3-402
, as last amended by Laws of Utah 2025, Chapters 51, 173, 208, and 291
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
10-3-928
is amended to read:
10-3-928
. Attorney duties -- Deputy attorneys.
In cities with a city attorney, the city attorney:
(1)
may prosecute violations of city ordinances;
(2)
may prosecute, under state law, infractions and misdemeanors occurring within the
boundaries of the municipality;
(3)
has the same powers in respect to violations as are exercised by a county attorney or
district attorney, except that a city attorney's authority to grant immunity shall be limited
to:
(a)
granting transactional immunity for violations of city ordinances; and
(b)
granting transactional immunity under state law for infractions and misdemeanors
occurring within the boundaries of the municipality;
(4)
shall represent the interests of the state or the municipality in the appeal of any matter
prosecuted in any trial court by the city attorney;
(5)
may cooperate with the Office of the Attorney General during investigations;
and
(6)
may designate a city attorney from another municipality or a public prosecutor to
prosecute a matter, in the court having jurisdiction over the matter, if the city attorney
has a conflict of interest regarding the matter being prosecuted
.
;
(7)
may employ a deputy attorney to perform the duties of public prosecutor or civil
counsel; and
(8)
may specially deputize, for a limited time or limited purpose, an attorney licensed to
practice law in the state and in good standing with the Utah State Bar as a deputy to
assist in any public prosecutor or civil counsel duties specified in the special
deputization.
Section 2. Section
76-3-402
is amended to read:
76-3-402
. Conviction of lower degree of offense -- Procedure and limitations.
(1)
As used in this section:
(a)
"Lower degree of offense" includes an offense for which:
(i)
a statutory enhancement is charged in the information or indictment that would
increase either the maximum or the minimum sentence; and
(ii)
the court removes the statutory enhancement in accordance with this section.
(b)
"Minor regulatory offense" means the same as that term is defined in Section
77-40a-101
.
(c)
(i)
"Rehabilitation program" means a program designed to reduce criminogenic
and recidivism risks.
(ii)
"Rehabilitation program" includes:
(A)
a domestic violence treatment program, as that term is defined in Section
26B-2-101
;
(B)
a residential vocational or life skills program, as that term is defined in
Section
13-53-102
;
(C)
a substance abuse treatment program, as that term is defined in Section
26B-2-101
;
(D)
a substance use disorder treatment program, as that term is defined in Section
26B-2-101
;
(E)
a youth program, as that term is defined in Section
26B-2-101
;
(F)
a program that meets the standards established by the Department of
Corrections under Section
64-13-25
;
(G)
a drug court, a veterans court, or a mental health court certified by the Judicial
Council; or
(H)
a program that is substantially similar to a program described in Subsections
(1)(c)(ii)(A)
through
(G)
.
(d)
"Serious offense" means a felony or misdemeanor offense that is not a minor
regulatory offense or a traffic offense.
(e)
"Traffic offense" means the same as that term is defined in Section
77-40a-101
.
(f)
(i)
Except as provided in Subsection
(1)(f)(ii)
, "violent felony" means
"Violent
felony" means, except as provided in Subsection
(1)(f)(ii)
,
the same as that term is
defined in Section
76-3-203.5
.
(ii)
"Violent felony" does not include an offense, or any attempt, solicitation, or
conspiracy to commit an offense, for:
(A)
the purchase or possession of a dangerous weapon or firearm by a restricted
person under Section
76-11-305
or
76-11-306
;
(B)
unlawful conduct involving an explosive, chemical, or incendiary device
under Subsection
76-15-210(2)(a)
; or
(C)
unlawful conduct involving an explosive, chemical, or incendiary part under
Section
76-15-211
.
(2)
The court may enter a judgment of conviction for a lower degree of offense than
established by statute and impose a sentence at the time of sentencing for the lower
degree of offense if the court:
(a)
takes into account:
(i)
the nature and circumstances of the offense of which the defendant was found
guilty; and
(ii)
the history and character of the defendant;
(b)
gives any victim present at the sentencing and the prosecuting attorney an
opportunity to be heard; and
(c)
concludes that the degree of offense established by statute would be unduly harsh to
record as a conviction on the record for the defendant.
(3)
Upon a motion from the prosecuting attorney or the defendant, the court may enter a
judgment of conviction for a lower degree of offense than established by statute:
(a)
after the defendant is successfully discharged from probation or parole for the
conviction; and
(b)
if the court finds
, in accordance with Subsection
(8)
,
that entering a judgment of
conviction for a lower degree of offense is in the interest of justice
in accordance
with Subsection
(7)
.
(4)
Upon a motion from the prosecuting attorney or the defendant, the court may enter a
judgment of conviction for a lower degree of offense than established by statute if:
(a)
the defendant's probation or parole for the conviction did not result in a successful
discharge but the defendant is successfully discharged from probation or parole for a
subsequent conviction of an offense;
(b)
(i)
at least five years have passed after the day on which the defendant is sentenced
for the subsequent conviction; or
(ii)
at least three years have passed after the day on which the defendant is sentenced
for the subsequent conviction and the prosecuting attorney consents to the
reduction;
(c)
the defendant is not convicted of a serious offense during the time period described
in Subsection
(4)(b)
;
(d)
there are no criminal proceedings pending against the defendant;
(e)
the defendant is not on probation, on parole, or currently incarcerated for any other
offense;
(f)
if the offense for which the reduction is sought is a violent felony, the prosecuting
attorney consents to the reduction; and
(g)
the court finds
, in accordance with Subsection
(8)
,
that entering a judgment of
conviction for a lower degree of offense is in the interest of justice
in accordance
with Subsection
(7)
.
(5)
Upon a motion from the prosecuting attorney or the defendant, the court may enter a
judgment of conviction for a lower degree of offense than established by statute if:
(a)
the defendant's probation or parole for the conviction did not result in a successful
discharge but the defendant is successfully discharged from a rehabilitation program;
(b)
at least three years have passed after the day on which the defendant is successfully
discharged from the rehabilitation program;
(c)
the defendant is not convicted of a serious offense during the time period described
in Subsection
(5)(b)
;
(d)
there are no criminal proceedings pending against the defendant;
(e)
the defendant is not on probation, on parole, or currently incarcerated for any other
offense;
(f)
if the offense for which the reduction is sought is a violent felony, the prosecuting
attorney consents to the reduction; and
(g)
the court finds
, in accordance with Subsection
(8)
,
that entering a judgment of
conviction for a lower degree of offense is in the interest of justice
in accordance
with Subsection
(7)
.
(6)
Upon a motion from the prosecuting attorney or the defendant, the court may enter a
judgment of conviction for a lower degree of offense than established by statute if:
(a)
at least five years have passed after the day on which the defendant's probation or
parole for the conviction did not result in a successful discharge;
(b)
the defendant is not convicted of a serious offense during the time period described
in Subsection
(6)(a)
;
(c)
there are no criminal proceedings pending against the defendant;
(d)
the defendant is not on probation, on parole, or currently incarcerated for any other
offense;
(e)
if the offense for which the reduction is sought is a violent felony, the prosecuting
attorney consents to the reduction; and
(f)
the court finds
, in accordance with Subsection
(8)
,
that entering a judgment of
conviction for a lower degree of offense is in the interest of justice
in accordance
with Subsection
(7)
.
(7)
(a)
Upon a joint motion from the prosecuting attorney and the defendant, the court
may enter a judgment of conviction for a lower degree of offense than established by
statute if:
(i)
the defendant, within one year after sentencing, provides substantial assistance in
the criminal investigation, arrest, or prosecution of another individual; and
(ii)
the court finds, in accordance with Subsection
(8)
, that entering a judgment of
conviction for a lower degree of offense is in the interest of justice and public
safety.
(b)
In determining whether the defendant has provided substantial assistance under
Subsection
(7
)(a)(i), the court shall consider:
(i)
the significance and usefulness of the defendant's assistance, taking into account
the prosecuting attorney's evaluation of the assistance rendered;
(ii)
the truthfulness, completeness, and reliability of information or testimony
provided by the defendant;
(iii)
the nature and extent of the defendant's assistance;
(iv)
any injury suffered or any danger or risk of injury to the defendant or the
defendant's family resulting from the defendant's assistance;
(v)
the timeliness of the defendant's assistance; and
(vi)
any other factor the court considers relevant.
(7)
(8)
In determining whether entering a judgment of a conviction for a lower degree of
offense is in the interest of justice under Subsection
(3)
, (4), (5),
or
(6)
, or (7)
:
(a)
the court shall consider:
(i)
the nature, circumstances, and severity of the offense for which a reduction is
sought;
(ii)
the physical, emotional, or other harm that the defendant caused any victim of the
offense for which the reduction is sought; and
(iii)
any input from a victim of the offense; and
(b)
the court may consider:
(i)
any special characteristics or circumstances of the defendant, including the
defendant's criminogenic risks and needs;
(ii)
the defendant's criminal history;
(iii)
the defendant's employment and community service history;
(iv)
whether the defendant participated in a rehabilitative program and successfully
completed the program;
(v)
any effect that a reduction would have on the defendant's ability to obtain or
reapply for a professional license from the Department of Commerce;
(vi)
whether the level of the offense has been reduced by law after the defendant's
conviction;
(vii)
any potential impact that the reduction would have on public safety; or
(viii)
any other circumstances that are reasonably related to the defendant or the
offense for which the reduction is sought.
(8)
(9)
(a)
A court may only enter a judgment of conviction for a lower degree of
offense under Subsection
(3)
, (4), (5),
or
(6)
, or (7)
after:
(i)
notice is provided to the other party;
(ii)
reasonable efforts have been made by the prosecuting attorney to provide notice
to any victims; and
(iii)
a hearing is held if a hearing is requested by either party.
(b)
A prosecuting attorney is entitled to a hearing on a motion seeking to reduce a
judgment of conviction for a lower degree of offense under Subsection
(3)
, (4), (5),
or
(6)
, or (7)
.
(c)
In a motion under Subsection
(3)
, (4), (5),
or
(6)
, or (7)
and at a requested hearing
on the motion, the moving party has the burden to provide evidence sufficient to
demonstrate that the requirements under Subsection
(3)
, (4), (5),
or
(6)
, or (7)
are
met.
(d)
If a defendant files a motion under this section, the prosecuting attorney shall
respond to the motion within 35 days after the day on which the motion is filed with
the court.
(9)
(10)
A court has jurisdiction to consider and enter a judgment of conviction for a lower
degree of offense under Subsection
(3)
, (4), (5),
or
(6)
, or (7)
regardless of whether the
defendant is committed to jail as a condition of probation or is sentenced to prison.
(10)
(11)
(a)
An offense may be reduced only one degree under this section, unless the
prosecuting attorney specifically agrees in writing or on the court record that the
offense may be reduced two degrees.
(b)
An offense may not be reduced under this section by more than two degrees.
(11)
(12)
This section does not preclude an individual from obtaining or being granted an
expungement of the individual's record in accordance with Title 77, Chapter 40a,
Expungement of Criminal Records.
(12)
(13)
The court may not enter a judgment for a conviction for a lower degree of
offense under this section if:
(a)
the reduction is specifically precluded by law; or
(b)
any unpaid balance remains on court-ordered restitution for the offense for which the
reduction is sought.
(13)
(14)
When the court enters a judgment for a lower degree of offense under this
section, the actual title of the offense for which the reduction is made may not be altered.
(14)
(15)
(a)
An individual may not obtain a reduction under this section of a conviction
that requires the individual to register as a sex offender, kidnap offender, or child
abuse offender under Section
53-29-202
until the registration requirements under
Title 53, Chapter 29, Sex, Kidnap, and Child Abuse Offender Registry, have expired.
(b)
An individual required to register as a sex offender, kidnap offender, or child abuse
offender under Section
53-29-202
and required to register for the individual's lifetime
as described in Subsection
53-29-203(1)(b)
, may not be granted a reduction of the
conviction for the offense or offenses that require the individual to register as a sex
offender, kidnap offender, or child abuse offender.
Section 3.
Effective Date.
This bill takes effect on
May 6, 2026
.
3-12-26 11:38 AM