Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 459 Second Substitute (2024GS)

Sponsor

Rep. Teuscher, J.

Final action

Governor Signed 3/13/2024

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• modifies part headings;
• prohibits a court from accepting a plea that is blended between a juvenile adjudication and disposition and an adult criminal conviction and sentence;
• provides a procedure for vacating or modifying the adult portion of a blended plea where the juvenile portion has been completed and other circumstances are met; and
• provides for procedures for vacating and expunging the adult portion of a blended plea.

Every vote on this bill

Bill text

BLENDED PLEA AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jordan D. Teuscher
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill modifies procedures relating certain convictions of a minor that involve both
juvenile dispositions and adult criminal sentences.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ modifies part headings;
▸ prohibits a court from accepting a plea that is blended between a juvenile
adjudication and disposition and an adult criminal conviction and sentence;
▸ provides a procedure for vacating or modifying the adult portion of a blended plea
where the juvenile portion has been completed and other circumstances are met; and
▸ provides for procedures for vacating and expunging the adult portion of a blended
plea.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
77-40a-402
, as last amended by Laws of Utah 2023, Chapter 265
ENACTS:
80-6-508
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
77-40a-402
 is amended to read:
77-40a-402.
Distribution for order for vacatur.
(1) An individual who receives an order for vacatur under Subsection 
78B-9-108
(2) 
or
Section 
80-6-508
 shall be responsible for delivering a copy of the order for vacatur to all
affected criminal justice agencies and officials.
(2) To complete delivery of the order for vacatur to the bureau, the individual shall
complete and attach to the order for vacatur an application for a certificate of eligibility for
expungement, including identifying information and fingerprints, in accordance with Section
77-40a-301
.
(3) Except as otherwise provided in this section, the bureau shall treat the order for
vacatur and attached certificate of eligibility for expungement the same as a valid order for
expungement under Section 
77-40a-401
.
(4) Unless otherwise provided by law or ordered by a court to respond differently, an
individual who has received a vacatur of conviction under Subsection 
78B-9-108
(2) may
respond to any inquiry as though the conviction did not occur.
(5) The bureau shall forward a copy of the order for vacatur to the Federal Bureau of
Investigation.
(6) An agency receiving an order for vacatur shall expunge the individual's identifying
information contained in records in the agency's possession relating to the incident for which
vacatur is ordered.
(7) A government agency or official may not divulge information contained in a record
of arrest, investigation, detention, or conviction after receiving an order for vacatur to any
person or agency, except for:
(a) the individual for whom vacatur was ordered; or
(b) Peace Officer Standards and Training, in accordance with Section 
53-6-203
 and
Subsection 
77-40a-403
(4)(b).
(8) The bureau may not count vacated convictions against any future expungement
eligibility.
Section 2. Section 
80-6-508
 is enacted to read:
Part 5. Minor Tried as an Adult
 80-6-508.
Blended plea -- Not permitted -- Petition procedures -- Vacation of adult
sentence -- Expungement order.
(1) As used in this section:
(a) "Blended plea" means a plea bargain entered into by a minor that results in a
combination of a juvenile adjudication and disposition and a criminal conviction and sentence
for a criminal offense that arises from a single criminal episode.
(b) "Single criminal episode" means the same as that term is defined in Section
76-1-401
.
(2) (a) Beginning May 1, 2024, a district court, juvenile court, or a justice court may
not accept a plea bargain that is a blended plea.
(b) Any criminal conviction or sentence resulting from a blended plea that is entered
into on or after May 1, 2024 is void.
(3) (a) The district court shall vacate the criminal conviction and sentence of an
individual if:
(i) the individual files a petition with the district court to vacate the individual's
conviction and sentence;
(ii) the conviction and sentence was part of a blended plea that was entered into before
May 1, 2024;
(iii) (A) the juvenile court's continuing jurisdiction is terminated as described in
Section 
78A-6-120
 or is scheduled to be terminated within six months or less; or
(B) the individual was committed to secure care, as defined in Section 
80-1-102
, as a
result of the blended plea and the individual is discharged from the jurisdiction of the Division
of Juvenile Justice Services or is scheduled to be discharged within six months or less; and
(iv) the Division of Juvenile Justice Services favorably recommends that the district
court vacate the conviction and sentence.
(b) If the Division of Juvenile Justice Services does not favorably recommend that the
district court vacate a conviction and sentence, the district court may:
(i) in the interest of justice, vacate or modify the conviction and sentence despite the
lack of recommendation;
(ii) conduct a hearing to receive arguments or information in relation to the petition
before rendering a decision; and
(iii) grant or deny the petition in whole or in part.
(4) A petition filed under this section shall:
(a) identify each criminal conviction and sentence that the individual is requesting the
district court to vacate;
(b) demonstrate that the requirements of Subsections (3)(a)(ii) and (3)(a)(iii) are met;
and
(c) be sent, concurrently at the time of filing, to the Division of Juvenile Justice
Services with a request that the division provide a recommendation to the district court as to
whether the criminal conviction and sentence should be vacated.
(5) If a district court vacates a conviction and sentence under this section, the district
court shall order expungement of all records pertaining to each conviction and sentence that is
vacated by the district court.
Section 3. 
Effective date.
This bill takes effect on May 1, 2024.