H.B. 44 Enrolled

CONCURRENT AND CONSECUTIVE
SENTENCING LIMITATIONS
1997 GENERAL SESSION
STATE OF UTAH
Sponsor: Neal B. Hendrickson
AN ACT RELATING TO THE CRIMINAL CODE; PROVIDING FOR CLARIFICATION
WHEN A COMMITMENT ORDER IS UNCLEAR; DEFINING "IMPRISONED"; AND
MAKING TECHNICAL CORRECTIONS.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
76-3-401, as last amended by Chapter 139, Laws of Utah 1995
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 76-3-401 is amended to read:
76-3-401. Concurrent or consecutive sentences -- Limitations -- Definition.
(1) A court shall determine, if a defendant has been adjudged guilty of more than one
felony offense, whether to impose concurrent or consecutive sentences for the offenses. Sentences
for state offenses shall run concurrently unless the court states in the sentence that they shall run
consecutively.
(2) The court shall order that sentences for state offenses [shall] run consecutively if the
[new] later offense is committed while the defendant is imprisoned or on parole unless the court
finds and states on the record that consecutive sentencing would be inappropriate.
(3) If an order of commitment does not clearly state whether the sentences shall run
consecutively or concurrently, and the Board of Pardons and Parole has reason to believe that the
later offense occurred while the person was imprisoned or on parole for the earlier offense, the
board shall request clarification from the court. Upon receipt of the request, the court shall enter
an amended order of commitment stating whether the sentences are to run consecutively or
concurrently.
[(3)] (4) A court shall consider the gravity and circumstances of the offenses and the
history, character, and rehabilitative needs of the defendant in determining whether to impose

consecutive sentences.
[(4)] (5) A court may impose consecutive sentences for offenses arising out of a single
criminal episode as defined in Section 76-1-401.
[(5)] (6) If a court imposes consecutive sentences, the aggregate maximum of all sentences
imposed may not exceed 30 years imprisonment. However, this limitation does not apply if an
offense for which the defendant is sentenced authorizes the death penalty or a maximum sentence
of life imprisonment.
[(6)] (7) The limitation in Subsection [(5)] (6) applies if a defendant:
(a) is sentenced at the same time for more than one offense;
(b) is sentenced at different times for one or more offenses, all of which were committed
prior to imposition of sentence for any one or more of them; or
(c) has already been sentenced by a court of this state other than the present sentencing court
or by a court of another state or federal jurisdiction.
[(7)] (8) In determining the effect of consecutive sentences and the manner in which they
shall be served, the Board of Pardons and Parole shall treat the defendant as though he has been
committed for a single term that shall consist of the aggregate of the validly imposed prison terms
as follows:
(a) if the aggregate maximum term exceeds the 30-year limitation, the maximum sentence
is considered to be 30 years; and
(b) when indeterminate sentences run consecutively, the minimum term, if any, constitutes
the aggregate of the validly imposed minimum terms.
[(8)] (9) When a sentence is imposed or sentences are imposed to run concurrently with the
other or with a sentence presently being served, the lesser sentence shall merge into the greater and
the greater shall be the term to be served. If the sentences are equal and concurrent, they shall merge
into one sentence with the most recent conviction constituting the time to be served.
[(9)] (10) This section may not be construed to restrict the number or length of individual
consecutive sentences that may be imposed or to affect the validity of any sentence so imposed, but
only to limit the length of sentences actually served under the commitments.

- 2 -

[(10)] (11) This section may not be construed to limit the authority of a court to impose
consecutive sentences in misdemeanor cases.
(12) As used in this section, "imprisoned" means sentenced and committed to a secure
correctional facility as defined in Section 64-13-1, the sentence has not been terminated or voided,
and the person is not on parole, regardless of where the person is located.

- 3 -