LEGISLATIVE GENERAL COUNSEL H.B. 181
6 Approved for Filing: S. Larson 6 2nd Sub. (Gray)
6 01-17-24 1:04 PM 6
Representative Matthew H. Gwynn proposes the following substitute bill:
1 CRIMINAL OFFENSES AMENDMENTS
2 2024 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Matthew H. Gwynn
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill addresses the imposition of an indeterminate prison term for certain criminal
10 offenses.
11 Highlighted Provisions:
12 This bill:
13 < requires an indeterminate prison term to be imposed for certain attempt convictions;
14 < repeals a statute allowing probation for certain offenses committed against children;
15 and
16 < makes technical and conforming changes.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None 2nd Sub. H.B. 181
21 Utah Code Sections Affected:
22 AMENDS:
23 76-3-406, as last amended by Laws of Utah 2023, Chapter 184
24 77-18-107, as enacted by Laws of Utah 2021, Chapter 260
25 REPEALS:
*HB0181S02*
2nd Sub. (Gray) H.B. 181 01-17-24 1:04 PM
26 76-5-406.5, as last amended by Laws of Utah 2022, Chapter 181
27
28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 76-3-406 is amended to read:
30 76-3-406. Crimes for which probation, suspension of sentence, lower category of
31 offense, or hospitalization may not be granted.
32 (1) Notwithstanding Sections 76-3-201 and 77-18-105 and Title 77, Chapter 16a,
33 Commitment and Treatment of Individuals with a Mental Condition, and except as provided in
34 [Section 76-5-406.5 or] Subsection 77-16a-103(6) or (7), a court may not grant probation [may
35 not be granted], suspend the execution or imposition of a sentence, [may not be suspended, the
36 court may not] enter a judgment for a lower category of offense, [and] or order hospitalization
37 [may not be ordered], if the effect of which would in any way shorten the prison sentence for
38 an [individual] actor who commits a capital felony or a first degree felony, or attempts to
39 commit a felony, involving:
40 (a) [Section 76-5-202,] aggravated murder as described in Section 76-5-202;
41 (b) [Section 76-5-203,] murder as described in Section 76-5-203;
42 (c) [Section 76-5-301.1, child kidnaping] child kidnapping as described in Section
43 76-5-301.1;
44 (d) [Section 76-5-302, aggravated kidnaping] aggravated kidnapping as described in
45 Subsection 76-5-302(3)(b);
46 (e) [Section 76-5-402, rape, if the individual is sentenced under] rape as described in
47 Subsection 76-5-402(3)(b), (3)(c), or (4);
48 (f) [Section 76-5-402.1,] rape of a child as described in Section 76-5-402.1;
49 (g) [Section 76-5-402.2, object rape, if the individual is sentenced under] object rape as
50 described in Subsection 76-5-402.2(3)(b), (3)(c), or (4);
51 (h) [Section 76-5-402.3,] object rape of a child as described in Section 76-5-402.3;
52 (i) [Section 76-5-403, forcible sodomy, if the individual is sentenced under] forcible
53 sodomy as described in Subsection 76-5-403(3)(b), (3)(c), or (4);
54 (j) [Section 76-5-403.1,] sodomy on a child as described in Section 76-5-403.1;
55 (k) [Section 76-5-404, forcible sexual abuse, if the individual is sentenced under]
56 forcible sexual abuse as described in Subsection 76-5-404(3)(b)(i) or (ii);
-2-
01-17-24 1:04 PM 2nd Sub. (Gray) H.B. 181
57 (l) [Section 76-5-404.3,] aggravated sexual abuse of a child as described in Section
58 76-5-404.3; or
59 (m) [Section 76-5-405,] aggravated sexual assault[; or] as described in Section
60 76-5-405.
61 [(n) any attempt to commit a felony listed in Subsection (1)(f), (h), or (j).]
62 (2) Except for an offense before the district court in accordance with Section 80-6-502
63 or 80-6-504, the provisions of this section do not apply if the sentencing court finds that the
64 [defendant] actor:
65 (a) was under 18 years old at the time of the offense; and
66 (b) could have been adjudicated in the juvenile court but for the delayed reporting or
67 delayed filing of the information.
68 Section 2. Section 77-18-107 is amended to read:
69 77-18-107. Home confinement -- Electronic monitoring for home confinement.
70 (1) The court may order home confinement as a condition of probation under the
71 supervision of the department, except as provided in [Sections] Section 76-3-406 [and
72 76-5-406.5].
73 (2) The department shall establish procedures and standards for home confinement for
74 all defendants supervised by the department for home confinement.
75 (3) If the court places the defendant on probation and orders the defendant to
76 participate in home confinement under Subsection (1), the court may order the defendant to
77 participate in home confinement through the use of electronic monitoring until further order of
78 the court.
79 (4) The electronic monitoring of a defendant shall alert the department and the
80 appropriate law enforcement agency of the defendant's whereabouts.
81 (5) An electronic monitoring device shall be used under conditions that require:
82 (a) the defendant to wear an electronic monitoring device at all times; and
83 (b) the device be placed in the home of the defendant to monitor the defendant's
84 compliance with the court's order.
85 (6) If a court orders a defendant to participate in home confinement through electronic
86 monitoring as a condition of probation under Subsection (3), the court shall:
87 (a) place the defendant on probation under the supervision of the department;
-3-
2nd Sub. (Gray) H.B. 181 01-17-24 1:04 PM
88 (b) order the department to place an electronic monitoring device on the defendant and
89 install electronic monitoring equipment in the residence of the defendant; and
90 (c) order the defendant to pay the costs associated with home confinement to the
91 department or the program provider.
92 (7) The department shall pay the costs of home confinement through electronic
93 monitoring only for an individual who is determined to be indigent by the court.
94 (8) The department may provide the electronic monitoring described in this section
95 directly or by contract with a private provider.
96 Section 3. Repealer.
97 This bill repeals:
98 Section 76-5-406.5, Circumstances required for probation or suspension of
99 sentence for certain sex offenses against a child.
100 Section 4. Effective date.
101 This bill takes effect on May 1, 2024.
-4-
Statutes affected: Introduced: 76-3-406, 77-18-107
Amended: 76-3-406, 77-18-107
H.B. 181 1st Substitute (Not Adopted) Text: 76-3-406
H.B. 181 2nd Substitute (Not Adopted) Text: 76-3-406, 77-18-107