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S.B. 102 Enrolled





Sponsor: D. Edgar Allen

                  This act affects sections of Utah Code Annotated 1953 as follows:
                      76-3-401, as last amended by Chapter 283, Laws of Utah 1997
                  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
                      (2) The court shall order that sentences for state offenses run consecutively if the 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
                      (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

                      (5) A court may impose consecutive sentences for offenses arising out of a single criminal
                  episode as defined in Section 76-1-401 .
                      (6) (a) If a court imposes consecutive sentences, the aggregate maximum of all sentences
                  imposed may not exceed 30 years imprisonment, except as provided under Subsection (6)(b).
                  [However, this]
                      (b) The limitation under Subsection (6)(a) does not apply if:
                      (i) an offense for which the defendant is sentenced authorizes the death penalty or a maximum
                  sentence of life imprisonment[.]; or
                      (ii) the defendant is convicted of an additional offense based on conduct which occurs after
                  his initial sentence or sentences are imposed.
                      (7) The limitation in Subsection (6)(a) 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 the defendant's initial 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, and the conduct giving rise to the present offense
                  did not occur after his initial sentencing by any other court.
                      (8) [In] When the limitation of Subsection (6)(a) applies, 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.
                      (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

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                  one sentence with the most recent conviction constituting the time to be served.
                      (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.
                      (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.

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