Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 353 (2025GS)

Sponsor

Rep. Wilcox, Ryan D.

Final action

Became Law w/o Governor Signature 3/27/2025

Outcome

Became Law w/o Governor Signature

Summary

What it does

• This bill:
• defines terms;
• requires certain state agencies to regularly review and make recommendations concerning certain statutory criminal offenses;
• requires the State Commission on Criminal and Juvenile Justice to receive, compile, and submit a report on state agency reviews of statutory criminal offenses;
• lowers the penalty for criminal violations concerning an unauthorized use of a name in a charity solicitation;
• repeals the criminal offense relating to abuse of the flag;
• contains a coordination clause to coordinate technical changes between this bill and H.B. 21, Criminal Code Recodification and Cross References, due to the repeal of Section 76-10-604 in H.B. 21;
• contains a coordination clause coordinating technical changes between this bill, H.B. 21, Criminal Code Recodification and Cross References, and H.B. 38, Criminal Offenses Modifications;
• makes technical and clarifying changes to Section 76-9-803; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

19
63M-7-204
67-28-101
67-28-102
76-9-601
76-10-604
Criminal Code Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ryan D. Wilcox
Senate Sponsor: 
LONG TITLE
General Description:
This bill concerns certain criminal offenses.
Highlighted Provisions:
This bill:
defines terms;
requires certain state agencies to regularly review and make recommendations concerning 
certain statutory criminal offenses;
requires the State Commission on Criminal and Juvenile Justice to receive, compile, and 
submit a report on state agency reviews of statutory criminal offenses; 
lowers the penalty for criminal violations concerning an unauthorized use of a name in a 
charity solicitation; 
repeals the criminal offense relating to abuse of the flag; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
63M-7-204
, as last amended by Laws of Utah 2024, Chapter 345
76-10-604
, as last amended by Laws of Utah 1995, Chapter 20
ENACTS:
67-28-101
, Utah Code Annotated 1953
67-28-102
, Utah Code Annotated 1953
REPEALS:
76-9-601
, as enacted by Laws of Utah 1973, Chapter 196
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
63M-7-204
 is amended to read:
63M-7-204. Duties of commission.
(1)
The commission shall:
(a)
promote the commission's purposes as enumerated in Section 
63M-7-201
;
(b)
promote the communication and coordination of all criminal and juvenile justice 
agencies;
(c)
study, evaluate, and report on the status of crime in the state and on the effectiveness 
of criminal justice policies, procedures, and programs that are directed toward the 
reduction of crime in the state;
(d)
study, evaluate, and report on programs initiated by state and local agencies to 
address reducing recidivism, including changes in penalties and sentencing 
guidelines intended to reduce recidivism, costs savings associated with the reduction 
in the number of inmates, and evaluation of expenses and resources needed to meet 
goals regarding the use of treatment as an alternative to incarceration, as resources 
allow;
(e)
study, evaluate, and report on policies, procedures, and programs of other 
jurisdictions which have effectively reduced crime;
(f)
identify and promote the implementation of specific policies and programs the 
commission determines will significantly reduce crime in Utah;
(g)
provide analysis and recommendations on all criminal and juvenile justice 
legislation, state budget, and facility requests, including program and fiscal impact on 
all components of the criminal and juvenile justice system;
(h)
provide analysis, accountability, recommendations, and supervision for state and 
federal criminal justice grant money;
(i)
provide public information on the criminal and juvenile justice system and give 
technical assistance to agencies or local units of government on methods to promote 
public awareness;
(j)
promote research and program evaluation as an integral part of the criminal and 
juvenile justice system;
(k)
provide a comprehensive criminal justice plan annually;
(l)
review agency forecasts regarding future demands on the criminal and juvenile 
justice systems, including specific projections for secure bed space;
(m)
promote the development of criminal and juvenile justice information systems that 
are consistent with common standards for data storage and are capable of 
appropriately sharing information with other criminal justice information systems by:
(i)
developing and maintaining common data standards for use by all state criminal 
justice agencies;
(ii)
annually performing audits of criminal history record information maintained by 
state criminal justice agencies to assess their accuracy, completeness, and 
adherence to standards;
(iii)
defining and developing state and local programs and projects associated with 
the improvement of information management for law enforcement and the 
administration of justice; and
(iv)
establishing general policies concerning criminal and juvenile justice information 
systems and making rules as necessary to carry out the duties under Subsection 
(1)(k) and this Subsection (1)(m);
(n)
allocate and administer grants, from money made available, for approved education 
programs to help prevent the sexual exploitation of children;
(o)
allocate and administer grants for law enforcement operations and programs related 
to reducing illegal drug activity and related criminal activity;
(p)
request, receive, and evaluate data and recommendations collected and reported by
:
(i)
agencies and contractors related to policies recommended by the commission 
regarding recidivism reduction, including the data described in Section 
13-53-111
and Subsection 
26B-5-102
(2)(l);
 and
(ii)
state agencies under Section 
67-28-102
;
(q)
establish and administer a performance incentive grant program that allocates funds 
appropriated by the Legislature to programs and practices implemented by counties 
that reduce recidivism and reduce the number of offenders per capita who are 
incarcerated;
(r)
oversee or designate an entity to oversee the implementation of juvenile justice 
reforms;
(s)
make rules and administer the juvenile holding room standards and juvenile jail 
standards to align with the Juvenile Justice and Delinquency Prevention Act 
requirements pursuant to 42 U.S.C. Sec. 5633;
(t)
allocate and administer grants, from money made available, for pilot qualifying 
education programs;
(u)
request, receive, and evaluate the aggregate data collected from prosecutorial 
agencies and the Administrative Office of the Courts, in accordance with Sections 
63M-7-216
 and 
78A-2-109.5
;
(v)
report annually to the Law Enforcement and Criminal Justice Interim Committee on 
the progress made on each of the following goals of the Justice Reinvestment 
Initiative:
(i)
ensuring oversight and accountability;
(ii)
supporting local corrections systems;
(iii)
improving and expanding reentry and treatment services; and
(iv)
strengthening probation and parole supervision;
(w)
compile a report of findings based on the data and recommendations provided under 
Section 
13-53-111
 and Subsection 
26B-5-102
(2)(n) that:
(i)
separates the data provided under Section 
13-53-111
 by each residential, 
vocational and life skills program; and
(ii)
separates the data provided under Subsection 
26B-5-102
(2)(n) by each mental 
health or substance use treatment program;
(x)
publish the report described in Subsection (1)(w) on the commission's website and 
annually provide the report to the Judiciary Interim Committee, the Health and 
Human Services Interim Committee, the Law Enforcement and Criminal Justice 
Interim Committee, and the related appropriations subcommittees;
(y)
receive, compile, and publish on the commission's website the data provided under:
(i)
Section 
53-25-202
;
(ii)
Section 
53-25-301
; and
(iii)
Section 
53-25-401
;
(z)
review, research, advise, and make recommendations to the three branches of 
government regarding evidence-based sex offense management policies and 
practices, including supervision standards, treatment standards, and the sex offender 
registry;
(aa)
receive and evaluate a referral from the Department of Public Safety received under 
Section 
53-21-104.3
 involving a denial of mental health resources to an eligible 
individual, including, if appropriate in the commission's discretion, deny the relevant 
entity from receiving any grant of state funds under Section 
63M-7-218
 for a 
specified period of time; and
(bb)
accept public comment.
(2)
(a)
The commission may designate an entity to perform the duties described in this 
part.
(b)
If the commission designates an entity under Subsection (2)(a), the commission shall 
ensure that the membership of the designated entity includes representation from 
relevant stakeholder groups from the parts of the justice system implicated in the 
policy area.
(3)
in fulfilling the commission's duties under Subsection (1), the commission may seek 
input and request assistance from groups with knowledge and expertise in criminal 
justice, including other boards and commissions affiliated or housed within the 
commission.
Section 2, Section 
67-28-101
 is enacted to read:
28. STATE AGENCY CRIMINAL OFFENSE REVIEW 
REQUIREMENTS
67-28-101. Definitions.
As used in this chapter:
(1)
"Commission" means the State Commission on Criminal and Juvenile Justice created in 
Section 
63M-7-201
.
(2)
"Criminal offense" means an act or omission that may result in a felony, misdemeanor, 
or infraction.
(3)
(a)
"State agency" means a department, division, board, council, committee, 
institution, office, bureau, or other similar administrative unit of the executive branch 
of state government.
(b)
"State agency" does not include the attorney general.
Section 3, Section 
67-28-102
 is enacted to read:
67-28-102. State agency review and recommendation regarding criminal 
offenses.
(1)
On or before July 1, 2026, and on or before July 1 every three years after 2026, every 
state agency shall complete a review of the criminal offenses contained in the statutes:
(a)
for which the state agency is responsible for enforcement; or
(b)
contained in the state agency's designated area of code.
(2)
(a)
A state agency review required under this section shall require the state agency to 
evaluate each criminal offense described in Subsection 
(1)
 and recommend whether 
the criminal offense:
(i)
would benefit from legislative amendment, clarification, or repeal; and
(ii)
should have the penalty level increased, reduced, or remain the same.
(b)
The review under Subsection 
(2)(a)
 shall include the state agency's specific 
recommendations and reasoning for any recommended statutory changes.
(c)
Each state agency shall submit the results of the review required under this section to 
the commission:
(i)
within 30 days after the day on which the review is completed; and
(ii)
in the standardized format developed by the commission under Subsection (3).
(3)
The commission shall:
(a)
develop a standardized format for reporting the information described in Subsection 
(2);
(b)
compile the information that was submitted under Subsection 
(2)
; and
(c)
annually, on or before October 1, submit a report to the Law Enforcement and 
Criminal Justice Interim Committee that contains:
(i)
the compiled information received for the current year, if any; and
(ii)
the names of any agencies that failed to submit a review that was required under 
this section.
Section 4, Section 
76-10-604
 is amended to read:
76-10-604. Violations -- Classification of offense.
Any person who violates the provisions of this part is guilty of 
a class B misdemeanor
an infraction
.
Section 5, 
Repealer.
Abuse of a flag.
Section 6. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
1-29-25 8:37 AM