H.B. 58

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RESENTENCING AMENDMENTS
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: David L. Gladwell
5 AN ACT RELATING TO CRIMINAL LAW; CLARIFYING THAT VIOLATION OR
6 REPUDIATION OF PLEA BARGAIN OR DISCOVERY OF NEW PERTINENT FACTS DO
7 NOT PREVENT A MORE SEVERE SENTENCE UPON RESENTENCING; AND
8 PROVIDING AN EFFECTIVE DATE.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 76-3-405, as enacted by Chapter 196, Laws of Utah 1973
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 76-3-405 is amended to read:
14 76-3-405. Limitation on sentence where conviction or prior sentence set aside.
15 (1) Where a conviction or sentence has been set aside on direct review or on collateral
16 attack, the court shall not impose a new sentence for the same offense or for a different offense
17 based on the same conduct which is more severe than the prior sentence less the portion of the
18 prior sentence previously satisfied.
19 (2) This section does not apply when:
20 (a) the increased sentence is based on facts which were not known to the court at the time
21 of the original sentence, and the court affirmatively places on the record the facts which provide
22 the basis for the increased sentence; or
23 (b) a defendant enters into a plea agreement with the prosecution and later successfully
24 moves to invalidate his conviction, in which case the defendant and the prosecution stand in the
25 same position as though the plea bargain, conviction, and sentence had never occurred.
26 Section 2. Effective date.
27 If approved by two-thirds of all the members elected to each house, this act takes effect

1 upon approval by the governor, or the day following the constitutional time limit of Utah
2 Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto, the
3 date of veto override.




Legislative Review Note
as of 12-20-96 7:49 AM

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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