Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 181 Third Substitute (2024GS)

Sponsor

Rep. Gwynn, M.

Final action

House/ filed 3/1/2024

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• requires an indeterminate prison term to be imposed for certain attempt convictions; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

CRIMINAL OFFENSES AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Matthew H. Gwynn
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill addresses the imposition of an indeterminate prison term for certain criminal
offenses.
Highlighted Provisions:
This bill:
▸ requires an indeterminate prison term to be imposed for certain attempt convictions;
and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-3-406
, as last amended by Laws of Utah 2023, Chapter 184
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
76-3-406
 is amended to read:
76-3-406.
Crimes for which probation, suspension of sentence, lower category of
offense, or hospitalization may not be granted.
(1) Notwithstanding Sections 
76-3-201
 and 
77-18-105
 and Title 77, Chapter 16a,
Commitment and Treatment of Individuals with a Mental Condition, 
and
 except as provided in
Section 
76-5-406.5
 or Subsection 
77-16a-103
(6) or (7), 
a court may not grant
 probation [
may
not be granted
], 
suspend
 the execution or imposition of 
a
 sentence
,
 [
may not be suspended, the
court may not
] enter a judgment for a lower category of offense, [
and
] 
or order
 hospitalization
[
may not be ordered
], 
if
 the effect of which would in any way shorten the prison sentence for
an individual who commits
, or attempts to commit,
 a capital felony or a first degree felony
involving:
(a) Section 
76-5-202
, aggravated murder;
(b) Section 
76-5-203
, murder;
(c) Section 
76-5-301.1
, child kidnaping;
(d) Section 
76-5-302
, aggravated kidnaping;
(e) Section 
76-5-402
, rape, if the individual is sentenced under Subsection
76-5-402
(3)(b), (3)(c), or (4);
(f) Section 
76-5-402.1
, rape of a child;
(g) Section 
76-5-402.2
, object rape, if the individual is sentenced under Subsection
76-5-402.2
(3)(b), (3)(c), or (4);
(h) Section 
76-5-402.3
, object rape of a child;
(i) Section 
76-5-403
, forcible sodomy, if the individual is sentenced under Subsection
76-5-403
(3)(b), (3)(c), or (4);
(j) Section 
76-5-403.1
, sodomy on a child;
(k) Section 
76-5-404
, forcible sexual abuse, if the individual is sentenced under
Subsection 
76-5-404
(3)(b)(i) or (ii);
(l) Section 
76-5-404.3
, aggravated sexual abuse of a child; 
or
(m) Section 
76-5-405
, aggravated sexual assault[
; or
]
.
[
(n) any attempt to commit a felony listed in Subsection (1)(f), (h), or (j).
]
(2) Except for an offense before the district court in accordance with Section 
80-6-502
or 
80-6-504
, the provisions of this section do not apply if the sentencing court finds that the
defendant:
(a) was under 18 years old at the time of the offense; and
(b) could have been adjudicated in the juvenile court but for the delayed reporting or
delayed filing of the information.
Section 2. 
Effective date.
This bill takes effect on May 1, 2024.