First Substitute S.B. 102

Senator D. Edgar Allen proposes to substitute the following bill:

1 CRIMINAL SENTENCING AMENDMENTS
2 1999 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: D. Edgar Allen
5 AN ACT RELATING TO THE CRIMINAL CODE; AMENDING LIMITATIONS ON TOTAL
6 NUMBER OF YEARS OF SENTENCES THAT MAY BE IMPOSED FOR MULTIPLE
7 OFFENSES; AND PROVIDING AN EFFECTIVE DATE.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 76-3-401, as last amended by Chapter 283, Laws of Utah 1997
11 Be it enacted by the Legislature of the state of Utah:
12 Section 1. Section 76-3-401 is amended to read:
13 76-3-401. Concurrent or consecutive sentences -- Limitations -- Definition.
14 (1) A court shall determine, if a defendant has been adjudged guilty of more than one
15 felony offense, whether to impose concurrent or consecutive sentences for the offenses. Sentences
16 for state offenses shall run concurrently unless the court states in the sentence that they shall run
17 consecutively.
18 (2) The court shall order that sentences for state offenses run consecutively if the later
19 offense is committed while the defendant is imprisoned or on parole unless the court finds and
20 states on the record that consecutive sentencing would be inappropriate.
21 (3) If an order of commitment does not clearly state whether the sentences shall run
22 consecutively or concurrently, and the Board of Pardons and Parole has reason to believe that the
23 later offense occurred while the person was imprisoned or on parole for the earlier offense, the
24 board shall request clarification from the court. Upon receipt of the request, the court shall enter
25 an amended order of commitment stating whether the sentences are to run consecutively or

26 concurrently.
27 (4) A court shall consider the gravity and circumstances of the offenses and the history,
28 character, and rehabilitative needs of the defendant in determining whether to impose consecutive
29 sentences.
30 (5) A court may impose consecutive sentences for offenses arising out of a single criminal
31 episode as defined in Section 76-1-401 .
32 (6) (a) If a court imposes consecutive sentences, the aggregate maximum of all sentences
33 imposed may not exceed 30 years imprisonment, except as provided under Subsection (6)(b).
34 [However, this]
35 (b) The limitation under Subsection (6)(a) does not apply if:
36 (i) an offense for which the defendant is sentenced authorizes the death penalty or a
37 maximum sentence of life imprisonment[.]; or
38 (ii) the defendant is convicted of an additional offense based on conduct which occurs after
39 his initial sentence or sentences are imposed.
40 (7) The limitation in Subsection (6)(a) applies if a defendant:
41 (a) is sentenced at the same time for more than one offense;
42 (b) is sentenced at different times for one or more offenses, all of which were committed
43 prior to imposition of the defendant's initial sentence [for any one or more of them]; or
44 (c) has already been sentenced by a court of this state other than the present sentencing
45 court or by a court of another state or federal jurisdiction, and the conduct giving rise to the present
46 offense did not occur after his initial sentencing by any other court.
47 (8) [In] When the limitation of Subsection (6)(a) applies, determining the effect of
48 consecutive sentences and the manner in which they shall be served, the Board of Pardons and
49 Parole shall treat the defendant as though he has been committed for a single term that shall consist
50 of the aggregate of the validly imposed prison terms as follows:
51 (a) if the aggregate maximum term exceeds the 30-year limitation, the maximum sentence
52 is considered to be 30 years; and
53 (b) when indeterminate sentences run consecutively, the minimum term, if any, constitutes
54 the aggregate of the validly imposed minimum terms.
55 (9) When a sentence is imposed or sentences are imposed to run concurrently with the
56 other or with a sentence presently being served, the lesser sentence shall merge into the greater and

57 the greater shall be the term to be served. If the sentences are equal and concurrent, they shall
58 merge into one sentence with the most recent conviction constituting the time to be served.
59 (10) This section may not be construed to restrict the number or length of individual
60 consecutive sentences that may be imposed or to affect the validity of any sentence so imposed,
61 but only to limit the length of sentences actually served under the commitments.
62 (11) This section may not be construed to limit the authority of a court to impose
63 consecutive sentences in misdemeanor cases.
64 (12) As used in this section, "imprisoned" means sentenced and committed to a secure
65 correctional facility as defined in Section 64-13-1 , the sentence has not been terminated or voided,
66 and the person is not on parole, regardless of where the person is located.