Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 244 (2019GS)

Sponsor

Rep. Hutchings, E.

Final action

Governor Signed 3/25/2019

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• reduces the maximum incarceration time for a misdemeanor by one day to 364 days; and
• exempts from the reduction, the provision for persons serving a felony sentence in the Utah Prison.

Every vote on this bill

Bill text

MISDEMEANOR SENTENCING TIMELINE
CLARIFICATIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Eric K. Hutchings
Senate Sponsor: 
Daniel W. Thatcher
LONG TITLE
General Description:
This bill reduces the maximum penalty for a misdemeanor conviction by one day to 364
days.
Highlighted Provisions:
This bill:
▸ reduces the maximum incarceration time for a misdemeanor by one day to 364 days;
and
▸ exempts from the reduction, the provision for persons serving a felony sentence in
the Utah Prison.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-3-204
, as enacted by Laws of Utah 1973, Chapter 196
76-3-208
, as last amended by Laws of Utah 2011, Chapter 56
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
76-3-204
 is amended to read:
76-3-204.
Misdemeanor conviction -- Term of imprisonment.
A person who has been convicted of a misdemeanor may be sentenced to imprisonment
as follows:
(1) In the case of a class A misdemeanor, for a term not exceeding [
one year;
] 
days.
(2) In the case of a class B misdemeanor, for a term not exceeding six months[
;
]
.
(3) In the case of a class C misdemeanor, for a term not exceeding 90 days.
Section 2. Section 
76-3-208
 is amended to read:
76-3-208.
Imprisonment -- Custodial authorities.
(1) Persons sentenced to imprisonment shall be committed to the following custodial
authorities:
(a) felony commitments shall be to the Utah State Prison;
(b) (i) 
notwithstanding Section 
76-3-204
,
 class A misdemeanor commitments shall be
to the jail, or other facility designated by the town, city, or county where the defendant was
convicted, unless the defendant is also serving a felony commitment at the Utah State Prison at
the commencement of the class A misdemeanor conviction, in which case, the class A
misdemeanor commitment shall be to the Utah State Prison for an indeterminate term not to
exceed one year 
with a credit for one day
; and
(ii) the court may not order the imprisonment of a defendant to the Utah State Prison
for a fixed term or other term that is inconsistent with this section and Section 
77-18-4
; and
(c) all other misdemeanor commitments shall be to the jail or other facility designated
by the town, city or county where the defendant was convicted.
(2) Custodial authorities may place a prisoner in a facility other than the one to which
the prisoner was committed when:
(a) it does not have space to accommodate the prisoner; or
(b) the security of the institution or inmate requires it.