Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 441 First Substitute (2020GS)

Sponsor

Rep. Hutchings, E.

Final action

Governor Signed 3/24/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• allows either party to request the court to enter a judgment for conviction to a lower degree of offense;
• allows a prosecutor to file or amend an information for certain offenses at one degree lower than the offense in the information;
• provides that the court may enter a conviction and impose a sentence for an offense one degree lower; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

CRIMINAL CHARGE REDUCTION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Eric K. Hutchings
Senate Sponsor: 
Todd Weiler
LONG TITLE
General Description:
This bill amends provisions relating to the degree of a criminal offense.
Highlighted Provisions:
This bill:
▸ allows either party to request the court to enter a judgment for conviction to a lower
degree of offense;
▸ allows a prosecutor to file or amend an information for certain offenses at one
degree lower than the offense in the information;
▸ provides that the court may enter a conviction and impose a sentence for an offense
one degree lower; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-3-402
, as last amended by Laws of Utah 2017, Chapters 282 and 356
ENACTS:
77-2-1.2
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
76-3-402
 is amended to read:
76-3-402.
Conviction of lower degree of offense -- Procedure and limitations.
[
(1) If at the time of sentencing the court, having regard to the nature and
circumstances of the offense of which the defendant was found guilty and to the history and
character of the defendant, and after having given any victims present at the sentencing and the
prosecuting attorney an opportunity to be heard, concludes it would be unduly harsh to record
the conviction as being for that degree of offense established by statute, the court may enter a
judgment of conviction for the next lower degree of offense and impose sentence accordingly.
]
(1) As used in this section, "lower degree of offense" includes an offense for which:
(a) a statutory enhancement is charged in the information or indictment that would
increase either the maximum or the minimum sentence; and
(b) the court removes the statutory enhancement in accordance with this section.
(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.
[
(2)
] 
(3)
 (a) If the court suspends the execution of [
the
] 
a defendant's
 sentence and
places the defendant on probation, [
whether or not
] 
regardless of whether
 the defendant is
committed to jail as a condition of probation, the court may enter a judgment of conviction for
[
the next
] 
a
 lower degree of offense:
(i) after the defendant has been successfully discharged from probation;
(ii) upon motion and notice to [
the prosecuting attorney
] 
either party
;
(iii) after reasonable effort has been made by the prosecuting attorney to provide notice
to any victims;
(iv) after a hearing if requested by either party [
described in Subsection (2)(a)(iii)
]; and
(v) if the court finds entering a judgment of conviction for the [
next
] lower degree of
offense is in the interest of justice.
(b) In making the finding in Subsection [
(2)
] 
(3)
(a)(v), the court shall consider as a
factor in favor of granting the reduction [
that, subsequent to
]
, after
 the defendant's conviction,
whether
 the level of the offense has been reduced by law.
[
(3)
] 
(4)
 (a) An offense may be reduced only one degree under this section, whether the
reduction is entered under Subsection [
(1)
] 
(2)
 or [
(2)
] 
(3)
, unless the [
prosecutor
] 
prosecuting
attorney
 specifically agrees in writing or on the court record that the offense may be reduced
two degrees.
(b) [
In no case may an offense
] 
An offense may not
 be reduced under this section by
more than two degrees.
[
(4)
] 
(5)
 This section does not preclude [
any person
] 
an individual
 from obtaining or
being granted an expungement of [
his record as provided by law
] 
the individual's record in
accordance with Title 77, Chapter 40, Utah Expungement Act
.
[
(5)
] 
(6)
 The court may not enter judgment for a conviction for a lower degree of
offense if:
(a) the reduction is specifically precluded by law; or
(b) if any unpaid balance remains on court ordered restitution for the offense for which
the reduction is sought.
[
(6)
] 
(7)
 When the court enters 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.
[
(7)
] 
(8)
 (a) [
A person
] 
An individual
 may not obtain a reduction under this section of a
conviction that requires the [
person
] 
individual
 to register as a sex offender until the
registration requirements under Title 77, Chapter 41, Sex and Kidnap Offender Registry, have
expired.
(b) [
A person
] 
An individual
 required to register as a sex offender for the [
person's
]
individual's
 lifetime under Subsection 
77-41-105
(3)(c) may not be granted a reduction of the
conviction for the offense or offenses that require the [
person
] 
individual
 to register as a sex
offender.
[
(8)
] 
(9)
 (a) [
A person
] 
An individual
 may not obtain a reduction under this section of a
conviction that requires the [
person
] 
individual
 to register as a child abuse offender until the
registration requirements under Title 77, Chapter 43, Child Abuse Offender Registry, have
expired.
(b) [
A person
] 
An individual
 required to register as a child abuse offender for the
[
person's
] 
individual's
 lifetime under Subsection 
77-43-105
(3)(c) may not be granted a
reduction of the conviction for the offense or offenses that require the [
person
] 
individual
 to
register as a child abuse offender.
[
(9) As used in this section, "next lower degree of offense" includes an offense
regarding which:
]
[
(a) a statutory enhancement is charged in the information or indictment that would
increase either the maximum or the minimum sentence; and
]
[
(b) the court removes the statutory enhancement pursuant to this section.
]
Section 2. Section 
77-2-1.2
 is enacted to read:
 77-2-1.2.
Reducing the level of an offense.
(1) Notwithstanding any other provision of law, a prosecuting attorney may:
(a) present and file an information charging an individual for an offense under
Subsections 
76-3-103
(1)(b) through (d), Subsection 
76-3-103
(2), or Section 
76-3-104
 with a
classification of the offense at one degree lower than the classification that is provided in
statute if the prosecuting attorney believes that the sentence would be disproportionate to the
offense because there are special circumstances relating to the offense; or
(b) subject to the approval of the court, amend an information, as part of a plea
agreement, to charge an individual for an offense under Subsections 
76-3-103
(1)(b) through
(d), Subsection 
76-3-103
(2), or Section 
76-3-104
 with a classification of the offense at one
degree lower than the classification that is provided in statute.
(2) A court may:
(a) enter a judgment of conviction for an offense filed under Subsection (1) at one
degree lower than classified in statute; and
(b) impose a sentence for the offense filed under Subsection (1) at one degree lower
than classified in statute.
(3) A conviction of an offense at one degree lower than classified in statute under
Subsection (2) does not affect the requirements for registration of the offense under Title 77,
Chapter 41, Sex and Kidnap Offender Registry, or Title 77, Chapter 43, Child Abuse Offender
Registry, if the elements of the offense for which the defendant is convicted are the same as the
elements of an offense described in Section 
77-41-102
 or 
77-43-102
.
(4) This section does not preclude an individual from obtaining and being granted an
expungement for the individual's record in accordance with Title 77, Chapter 40, Utah
Expungement Act.