H.B. 44

1

CONCURRENT AND CONSECUTIVE
2 SENTENCING LIMITATIONS
3 1997 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Neal B. Hendrickson
6 AN ACT RELATING TO THE CRIMINAL CODE; PROVIDING FOR CLARIFICATION
7 WHEN A COMMITMENT ORDER IS UNCLEAR; DEFINING "IMPRISONED"; AND
8 MAKING TECHNICAL CORRECTIONS.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 76-3-401, as last amended by Chapter 139, Laws of Utah 1995
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 76-3-401 is amended to read:
14 76-3-401. Concurrent or consecutive sentences -- Limitations -- Definition.
15 (1) A court shall determine, if a defendant has been adjudged guilty of more than one
16 felony offense, whether to impose concurrent or consecutive sentences for the offenses. Sentences
17 for state offenses shall run concurrently unless the court states in the sentence that they shall run
18 consecutively.
19 (2) The court shall order that sentences for state offenses [shall] run consecutively if the
20 new offense is committed while the defendant is imprisoned or on parole unless the court finds and
21 states on the record that consecutive sentencing would be inappropriate.
22 (3) If an order of commitment does not clearly state whether the sentences shall run
23 consecutively or concurrently, and the Board of Pardons and Parole has reason to believe that the
24 later offense occurred while the person was imprisoned or on parole for the earlier offense, the
25 board shall request clarification from the court. Upon receipt of the request, the court shall enter
26 an amended order of commitment stating whether the sentences are to run consecutively or
27 concurrently.

1 [(3)] (4) A court shall consider the gravity and circumstances of the offenses and the
2 history, character, and rehabilitative needs of the defendant in determining whether to impose
3 consecutive sentences.
4 [(4)] (5) A court may impose consecutive sentences for offenses arising out of a single
5 criminal episode as defined in Section 76-1-401.
6 [(5)] (6) If a court imposes consecutive sentences, the aggregate maximum of all sentences
7 imposed may not exceed 30 years imprisonment. However, this limitation does not apply if an
8 offense for which the defendant is sentenced authorizes the death penalty or a maximum sentence
9 of life imprisonment.
10 [(6)] (7) The limitation in Subsection (5) applies if a defendant:
11 (a) is sentenced at the same time for more than one offense;
12 (b) is sentenced at different times for one or more offenses, all of which were committed
13 prior to imposition of sentence for any one or more of them; or
14 (c) has already been sentenced by a court of this state other than the present sentencing
15 court or by a court of another state or federal jurisdiction.
16 [(7)] (8) In determining the effect of consecutive sentences and the manner in which they
17 shall be served, the Board of Pardons and Parole shall treat the defendant as though he has been
18 committed for a single term that shall consist of the aggregate of the validly imposed prison terms
19 as follows:
20 (a) if the aggregate maximum term exceeds the 30-year limitation, the maximum sentence
21 is considered to be 30 years; and
22 (b) when indeterminate sentences run consecutively, the minimum term, if any, constitutes
23 the aggregate of the validly imposed minimum terms.
24 [(8)] (9) When a sentence is imposed or sentences are imposed to run concurrently with
25 the other or with a sentence presently being served, the lesser sentence shall merge into the greater
26 and the greater shall be the term to be served. If the sentences are equal and concurrent, they shall
27 merge into one sentence with the most recent conviction constituting the time to be served.
28 [(9)] (10) This section may not be construed to restrict the number or length of individual
29 consecutive sentences that may be imposed or to affect the validity of any sentence so imposed,
30 but only to limit the length of sentences actually served under the commitments.
31 [(10)] (11) This section may not be construed to limit the authority of a court to impose

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1 consecutive sentences in misdemeanor cases.
2 (12) As used in this section, "imprisoned" means sentenced and committed to a secure
3 correctional facility as defined in Section 64-13-1, the sentence has not been terminated or voided,
4 and the person is not on parole, regardless of where the person is located.




Legislative Review Note
as of 12-17-96 3:52 PM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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