S.B. 286 - Criminal Plea Withdrawal Amendments

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Bill

Criminal Plea Withdrawal Amendments

Number: S.B. 286 (2025GS)
Sponsor: Sen. Pitcher, Stephanie
Final action: Governor Signed 3/25/2025
Outcome: Became law — signed by Gov. Spencer J. Cox

Summary

This bill addresses the withdrawal of a plea.

What it does

This bill:
amends provisions related to the withdrawal of a plea in a criminal case; and
makes technical and conforming changes.

Every vote on this bill

2/25/2025Senate Comm - Favorable Recommendation

Senate Judiciary, Law Enforcement, and Criminal Justice Committee

6-0-3not eligible / no record

2/27/2025Senate/ passed 2nd reading

Senate 3rd Reading Calendar

24-0-5not eligible / no record

2/28/2025Senate/ passed 3rd reading

Clerk of the House

20-0-9not eligible / no record

3/3/2025House Comm - Favorable Recommendation

House Judiciary Committee

9-0-2not eligible / no record

3/3/2025House Comm - Consent Calendar Recommendation

House Judiciary Committee

9-0-2not eligible / no record

3/5/2025House/ passed 3rd reading

House Speaker

68-0-7YEA

Bill text

enrolled version · official source

3
77-13-6
0
Criminal Plea Withdrawal Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Stephanie Pitcher
House Sponsor: Jon Hawkins
LONG TITLE
General Description:
This bill addresses the withdrawal of a plea.
Highlighted Provisions:
This bill:
amends provisions related to the withdrawal of a plea in a criminal case; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
77-13-6
, as last amended by Laws of Utah 2008, Chapter 3
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
77-13-6
 is amended to read:
77-13-6
. Withdrawal of a plea.
(1)
A plea of not guilty may be withdrawn at any time prior to conviction.
(2)
(a)
A plea of guilty or no contest may be withdrawn only upon leave of the court 
and a showing that it was not knowingly and voluntarily made.
(b)
A request to withdraw a plea of guilty or no contest, except for a plea held in 
abeyance, shall be made by motion before sentence is announced. Sentence may not 
be announced unless the motion is denied. For a plea held in abeyance, a motion to 
withdraw the plea shall be made within 30 days of pleading guilty or no contest.
(c)
Any challenge to a guilty plea not made within the time period specified in 
Subsection 
(2)(b)
 shall be pursued under 
Title 78B, Chapter 9, Postconviction 
Remedies Act
, and Rule 65C, Utah Rules of Civil Procedure.
(1)
A defendant may withdraw a plea of not guilty at any time before conviction.
(2)
A defendant may only withdraw a plea of guilty or no contest upon:
(a)
a leave of the court; and
(b)
a showing that the defendant did not knowingly or voluntarily make the plea.
(3)
A defendant shall make a motion to withdraw a plea of guilty or no contest in 
accordance with Rule 11 of the Utah Rules of Criminal Procedure.
Section 2. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-6-25 2:18 PM