Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 373 First Substitute (2021GS)

Sponsor

Rep. Teuscher, J.

Final action

Governor Signed 3/17/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• allows for the reduction of the degree of a criminal offense for a defendant who has been successfully discharged from parole;
• provides for the court's jurisdiction to consider a motion for reduction;
• establishes the burden of proof; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

CONVICTION REDUCTION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jordan D. Teuscher
Senate Sponsor: 
Todd D. Weiler
LONG TITLE
General Description:
This bill amends provisions relating to the reduction of the degree of a criminal offense.
Highlighted Provisions:
This bill:
▸ allows for the reduction of the degree of a criminal offense for a defendant who has
been successfully discharged from parole;
▸ provides for the court's jurisdiction to consider a motion for reduction;
▸ establishes the burden of proof; 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 2020, Chapter 151
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) 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.
(3) (a) [
If the court suspends the execution of a defendant's sentence and places the
defendant on probation, regardless
] 
Regardless
 of whether the defendant is committed to jail as
a condition of probation 
or sentenced to prison
, the court [
may
] 
has jurisdiction to consider and
enter a judgment of conviction for a lower degree of offense:
(i) after the defendant has been successfully discharged from probation 
or parole
;
(ii) upon motion and notice to 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; and
(v) if the court finds entering a judgment of conviction for the lower degree of offense
is in the interest of justice.
(b) In making the finding in Subsection (3)(a)(v), the court shall consider as a factor in
favor of granting the reduction, after the defendant's conviction, whether the level of the
offense has been reduced by law.
(c) In both the initial motion and at a requested hearing described in Subsection (3)(a),
the moving party has the burden to provide evidence sufficient to demonstrate:
(i) that the defendant has been successfully discharged from probation or parole; and
(ii) that the reduction is in the interest of justice.
(4) (a) An offense may be reduced only one degree under this section, whether the
reduction is entered under Subsection (2) or (3), 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.
(5) 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 40, Utah
Expungement Act.
(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.
(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.
(8) (a) An individual may not obtain a reduction under this section of a conviction that
requires the individual to register as a sex offender until the registration requirements under
Title 77, Chapter 41, Sex and Kidnap Offender Registry, have expired.
(b) An individual required to register as a sex offender for the 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 individual to register as a sex offender.
(9) (a) An individual may not obtain a reduction under this section of a conviction that
requires the individual to register as a child abuse offender until the registration requirements
under Title 77, Chapter 43, Child Abuse Offender Registry, have expired.
(b) An individual required to register as a child abuse offender for the 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 individual to register as a child abuse offender.