Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 15 (2023GS)

Sponsor

Sen. Pitcher, S.

Final action

Governor Signed 3/14/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• addresses the sentencing of a juvenile offender for the conviction of certain sexual offenses; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

JUVENILE OFFENDER PENALTY AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Stephanie Pitcher
House Sponsor: 
Nelson T. Abbott
LONG TITLE
General Description:
This bill amends provisions related to the sentencing of a juvenile offender.
Highlighted Provisions:
This bill:
▸ addresses the sentencing of a juvenile offender for the conviction of certain sexual
offenses; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-3-209
, as last amended by Laws of Utah 2021, Chapter 206
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
76-3-209
 is amended to read:
76-3-209.
Limitation on sentencing for crimes committed by juveniles.
(1) As used in this section, "qualifying sexual offense" means:
(a) an offense described in Chapter 5, Part 4, Sexual Offenses;
(b) Section 
76-9-702
, lewdness;
(c) Section 
76-9-702.1
, sexual battery; or
(d) Section 
76-9-702.5
, lewdness involving a child.
(2) (a) This Subsection (2) only applies prospectively to an individual sentenced on or
after May 10, 2016.
(b) Notwithstanding any provision of law, an individual may not be sentenced to life
without parole if:
(i) the individual is convicted of a crime punishable by life without parole; and
(ii) at the time the individual committed the crime, the individual was [
less than
] 
under
18 years old.
(c) The maximum punishment that may be imposed on an individual described in
Subsection (2)(b) is an indeterminate prison term of not less than 25 years and that may be for
life.
(3) Except as provided in Subsection (4), if an individual is convicted in district court
of a qualifying sexual offense and, at the time of the offense, the individual was at least 14
years old, but under 18 years old:
(a) the individual is not, based on the conviction, subject to the registration
requirements described in Title 77, Chapter 41, Sex and Kidnap Offender Registry;
(b) the district court shall impose a sentence consistent with the disposition that would
have been made in juvenile court; and
(c) the district court may not impose incarceration unless the court enters specific
written findings that incarceration is warranted based on a totality of the circumstances, taking
into account:
(i) the time that elapsed after the individual committed the offense;
(ii) the age of the individual at the time of the offense;
(iii) the age of the victim at the time of the offense;
(iv) the criminal history of the individual after the individual committed the offense;
(v) any treatment assessments or validated risk tools; and
(vi) public safety concerns.
(4) Subsection (3) does not apply if:
(a) before the individual described in Subsection (3) is convicted of the qualifying
sexual offense, the individual is convicted of a qualifying sexual offense that the individual
committed when the individual was 18 years old or older; [
or
]
(b) the individual is convicted in district court, before the victim is 18 years old, of a
violation of Section 
76-5-405
, aggravated sexual assault[
.
]
; or
(c) the conviction occurred in district court after the individual was:
(i) charged by criminal information in the juvenile court for the qualifying sexual
offense in accordance with Section 
80-6-503
; and
(ii) bound over to the district court for the qualifying sexual offense in accordance with
Section 
80-6-504
.
(5) If the district court imposes incarceration under Subsection (3)(c), the term of
incarceration may not exceed:
(a) seven years for a violation of Section 
76-5-405
, aggravated sexual assault;
(b) except as provided in Subsection (5)(a), four years for a felony violation of Chapter
5, Part 4, Sexual Offenses; or
(c) the maximum sentence described in Section 
76-3-204
 for:
(i) a misdemeanor violation of Chapter 5, Part 4, Sexual Offenses;
(ii) a violation of Section 
76-9-702
, lewdness;
(iii) a violation of Section 
76-9-702.1
, sexual battery; or
(iv) a violation of Section 
76-9-702.5
, lewdness involving a child.